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Township of Middle Smithfield, PA
Monroe County
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Table of Contents
Table of Contents
A. 
A resort complex/commercial resort development may extend into a zoning district that does not specifically allow a resort complex if the existing/proposed uses within the resort complex are by the underlying regulations of that zoning district that does not specifically allow a resort complex/commercial resort development.
B. 
To be eligible for approval as a new resort complex/commercial resort development, the applicant shall submit a master plan ("master plan"), under the conditional use format, as provided for in this chapter. The application shall describe proposed land uses in sufficient detail to document coordinated planning.
C. 
Existing resort complex/commercial resort developments.
(1) 
Anything to the contrary notwithstanding, the existing resort complex/commercial resort developments, Ski Shawnee Resort Complex and Fernwood Hotel and Resort Complex, approved under the Middle Smithfield Township Zoning Ordinance of 2004 (See § 010-030 of this chapter.), shall be deemed to be in conformity with this chapter to the extent that the uses, lots and structures within such resort complex/commercial resort developments, as existed at the time of the approval as a resort complex/commercial resort development, are within the scope of the master plan submitted under the Middle Smithfield Township Zoning Ordinance of 2004 or are otherwise permitted under the provisions of this division for a new resort complex/commercial resort development. No uses, lots and structures which existed at the time of the approval as a resort complex/commercial resort development or that are within the scope of the master plan submitted under the Middle Smithfield Township Zoning Ordinance of 2004 or that are otherwise permitted under the provisions of this division for a new resort complex/commercial resort development shall be deemed nonconforming as a result of that use, lot or structure not meeting the miscellaneous performance standards and regulations or regulations governing specific uses or other dimensional or performance standards or regulations set forth in this chapter.
(2) 
An application for approval to revise the approved master plan of an existing resort complex/commercial resort development is not required to include fully engineered plans if fully engineered plans will be submitted later as part of a subdivision or land development application.
(3) 
An existing resort complex/commercial resort development shall, to the maximum extent practicable, coordinate site layout, stormwater management, utilities, trails, parking and traffic access with respect to new development proposed within the resort complex/commercial resort development, provided that redevelopment of existing developed areas shall not be required.
(4) 
A revised land development plan shall be required to change or modify uses permitted within the master plan or the underlying zoning district, add uses that are either accessory to uses already approved as part of the master plan or permitted within the underlying zoning district, make structural alterations to the existing resort complex/commercial resort development, relocate uses or construct, reconstruct, alter, expand and/or enlarge structures or develop categories of uses provided for under the original master plan meeting the standards in the initial approval or which uses are permitted in the underlying zoning district, provided building permits and land development approvals, as may be required, are obtained.
(5) 
A new/revised conditional use approval shall not be required to add or remove less than 10 acres of land in the aggregate over time to or from the resort complex/commercial resort development, provided that said land is not essential in providing access to or through remaining portions of the resort complex/commercial resort development and is not otherwise essential to meeting minimum development standards.
(6) 
A new/revised master plan shall be submitted for approval for the following:
(a) 
Adding or removing 10 plus acres of land to or from a resort complex/commercial resort development;
(b) 
Adding new types of uses not included in the initial conditional use approval and master plan and which are not permitted in the underlying zoning district;
(c) 
Adding land to the resort complex/commercial resort development which is not located within a zoning district in which a resort complex/commercial resort development is permitted; or
(d) 
Removing any portion of land from the resort complex/commercial resort development which is essential in providing access to or through remaining portions of the resort complex/commercial resort development and is not otherwise essential to meeting minimum development standards.
A. 
The land area and parcels to be included within a proposed resort complex/commercial resort development shall be determined by the applicant, provided that the resort complex/commercial resort development shall include a minimum of 25 acres in lot area for all lots combined for tax assessment purposes. Smaller noncontiguous lots may also be part of one resort complex/commercial resort development, provided those lots meet the specific lot size requirements of the district and have coordinated traffic access with the resort complex using one or more existing or preapproved accesses as provided in the master plan. Any parcel or land area that does not require access from or through the resort complex/commercial resort development may be excluded.
B. 
Nothing herein shall preclude the ownership of individual parcels by different owners, provided such parcels are required to be developed in conformance with the approved master plan for the resort complex/commercial resort development or are to be used for a land use that is not required to be within an approved resort complex/commercial resort development but allowed within the specific underlying zoning district.
C. 
Land areas occupied by nonresidential uses and related parking shall not count towards land areas used to determine residential density within the resort complex/commercial resort development.
A. 
To obtain approval of a resort complex/commercial resort development, the applicant shall provide sufficient information to show the feasibility of the development, the methods of traffic access, the approximate locations of various uses by category(ies), as outlined below, and the methods that will be used to buffer uses and nuisances from neighboring dwellings. The master plan shall be submitted in the form of a sketch plan as provided under the Township Subdivision and Land Development Chapter.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
B. 
An approved master plan may be modified to add and/or subtract land to/from the resort complex/commercial resort development or revise the overall site plan in the manner provided in this chapter.
C. 
An application for approval of a new resort complex/commercial resort development is not required to include fully engineered plans if fully engineered plans will be submitted later as part of a subdivision or land development application.
D. 
Any new resort complex/commercial resort development submitted for approval after the enactment of this section shall have fully coordinated site layout, stormwater management, utilities, trails, parking and traffic access with other parts of the resort complex/commercial resort development.
A. 
A master plan may include a range of uses and use categories to be allowed within various areas and buildings and may also include a range of sizes of buildings. For example, a master plan may provide for a hotel within a certain land area that would be no greater than X square feet with no greater than Y guest rooms and no more than Z feet from the property line. The exact dimensions and size would then be established in the future as parts of a subsequent detailed land development or building permit application and approval, or a master plan may provide for X square feet of various retail uses with the exact dimensions and nature of those uses specified in a subsequent detailed land development or building permit application and approval.
B. 
A new or existing resort complex/commercial resort development may, but is not required to, include combinations of the following: a hotel/motel/inn, time-share units, restaurants and other dining facilities, places of worship, commercial and retail facilities and offices, museums, picnic groves, amusement arcades, living history exhibit areas, commercial indoor or outdoor recreation uses, golf courses, golf driving ranges, miniature golf, riding stables, auditoriums, conference facilities, amphitheaters, nightclubs, and other entertainment venues and special events (without limitation as to length of time or annual frequency of individual special events), taverns and other similar uses. All said facilities are not required to be limited to guests or residents of the resort complex/commercial resort development, except as may be covered by state law (e.g., gaming facilities). Gaming/gambling may be allowed as part of the resort complex/commercial resort development if such establishments are licensed by the Commonwealth of Pennsylvania.
C. 
Adult uses, as defined in this chapter, are not permitted within a new or existing resort complex/commercial resort development even if permitted in the underlying zoning district.
D. 
Any campground may be part of the resort complex/commercial resort development, provided such campground shall meet the requirements for such use.
E. 
A senior active adult development may be part of the resort complex/commercial resort development, provided such senior active adult development shall meet the requirements for such use, except as noted herein. Exceptions include the criteria as set forth in § 062-020; § 062-040E, as it relates to private areas for individual units; § 062-040G, such that roads within the resort complex/commercial resort development shall not be offered for dedication to the Township; and § 062-050, such that accessory uses need not be dedicated exclusively to the senior active adult development.
F. 
Once a master plan for a resort complex/commercial resort development has been approved, then individual uses listed as allowed in a resort complex/commercial resort development by the conditional use approval shall be permitted by right and may be developed without additional conditional use approval, provided that otherwise applicable building permit and land development requirements are met.
G. 
The area encompassing the resort complex/commercial resort development shall be added to the Official Zoning Map as a Resort Complex Overlay District.
A. 
Any nonresidential principal building shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the resort complex/commercial resort development. Within a minimum of 75 feet of any perimeter lot line or street right-of-way of a resort complex/commercial resort development, other than along an arterial or collector street or abutting a commercial use, a buffer shall be maintained. This buffer width may be reduced to 40 feet when abutting the CON District.
B. 
The applicant shall demonstrate that any existing healthy trees within this buffer will be maintained and preserved to the maximum extent feasible. It is intended that the removal of trees within a buffer shall be allowed for a necessary approximately perpendicular street, stormwater channel, driveway and utility crossings and to provide safe sight distance and that the buffer will be supplemented as needed and specified by this chapter to serve the intended screening of dissimilar uses. The screening with evergreens, as specified in this chapter, between dissimilar uses (e.g., residential and retail) is not required if the tree buffer would essentially serve the same purpose as an evergreen buffer. Where healthy, mature trees do not exist within this buffer, and if practical, considering soil and topographic conditions, new trees shall be planted within this buffer meeting the specifications of this chapter. The approval of any screening/buffer to remain, be supplemented or be newly planted will be up to the sole discretion of the Board of Supervisors.
An applicant for a new resort complex/commercial resort development may calculate the maximum building coverage and maximum impervious coverage under the provisions of the miscellaneous performance standards and regulations, as set forth in this chapter, based upon the entire resort complex/commercial resort development, as opposed to each individual lot. However, in that case, appropriate deed restrictions or conservation easements shall be established that are enforceable by the Township to prove that the coverage limitations will be met over time. For example, a golf course on one lot may count towards meeting the impervious coverage limit of a hotel on another lot within the same resort complex/commercial resort development.
A new resort complex/commercial resort development shall include a nonmotorized trail system, which, at a minimum, shall be open to guests, customers and/or residents of the resort complex/commercial resort development. Improved pedestrian walkways shall also be provided between principal uses likely to produce cross visits (e.g., a hotel and restaurant).
A. 
The number of traffic access points from a resort complex/commercial resort development to an arterial or collector street shall be held to the minimum that is reasonably feasible, considering both immediate and long-term access. Extensions of internal streets, local streets and interconnections of parking areas shall be used to provide the safest traffic access that is feasible with the minimum interruption of traffic flow on existing public streets.
B. 
If an internal traffic connection is not feasible immediately, provisions shall be incorporated into each development approval (including, but not limited to, detailed engineering plans and escrow funds to cover the cost of said improvements) to provide for the eventual connection in phases.
C. 
The applicant shall demonstrate that a resort complex/commercial resort development includes sufficient access from exterior streets and around buildings and facilities for emergency vehicles.
Miscellaneous performance standards and regulations, as set forth in this chapter, shall govern the maximum height of any structures within the resort complex/commercial resort development.
A. 
The maximum density provisions for dwellings are provided for each zoning district in this chapter. A higher density and/or smaller lot sizes may be possible by using the conservation design development option provisions of Division 63 or the transfer of development rights provisions of the miscellaneous performance standards and regulations set forth in this chapter. The conservation development provisions of Division 63 also include a possible density bonus for age-restricted or time-share dwellings.
B. 
If dwellings are located within a resort complex/commercial resort development having an approved master plan that maximizes use of internal roads and interconnected driveways and parking areas, then the maximum total number of dwelling units that otherwise would be allowed may be increased by 10%.