The purpose of a use classified as a "conditional use" is to provide expressed standards to regulate uses classified as such in particular zoning districts, as provided in Article
V of this chapter.
The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Bear Creek Township Board of Supervisors, with the Bear Creek Township Planning Commission having the authority to review and submit their recommendations to the Board of Supervisors. Any conditional use application and plans for a proposed PRD or a mobile home park shall also be submitted to Luzerne County Planning Commission for its review and comment. Decisions by the Board of Supervisors shall be made in accordance with standards and criteria set forth in this article, any studies and reports required within the context of an impact analysis, as so defined in Article
II of this chapter, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and all applicable state and/or federal regulations.
The procedure for approval or denial of a conditional use shall
be in accordance with the following:
A. Application.
(1) An application for a conditional use permit, bearing the signature
of both the applicant and property owner, along with a copy of the
deed to the property, shall be submitted to the Zoning Officer with
a site plan at a scale of not greater than:
(a)
One inch equals 50 feet for properties in excess of two acres;
or
(b)
One inch equals 20 feet for properties being two acres or less.
(2) Please note that the conditional use application must be signed by
both the applicant and the landowner, regardless of any equitable
interest or other documentation held by the applicant. Failure to
provide an application bearing both signatures will be deemed to be
an incomplete submission and shall represent a basis for denying the
application.
(3) Such plan shall, at minimum, indicate:
(a)
The location and size of all buildings and structures, both
principal and accessory, both existing and proposed.
(b)
The location of all off-street parking areas and/or loading
and unloading areas.
(c)
The location of all open space areas, including buffer areas
and fencing, as applicable.
(d)
Traffic access to the site and internal traffic circulation
including the width and pavement of traffic lanes, and aisle widths.
(e)
All streets, both public and private within 200 feet of the
site, including right-of-way and cartway widths.
(f)
Streams, ponds, watercourses, wetlands, or any other types of
bodies of water, including natural or man-made drainage swales, located
on the site or within 200 feet of the site.
(g)
The location, nature and terms of any existing or proposed easements
on the site, and any easements both on-site and off-site which are
used or intended to be used for access to the site, including the
name and address of the owner or owners granting such easement.
(h)
The location of any residential structures which border the
site on an adjoining lot and/or those within 200 feet of any property
boundary line of the subject site.
(i)
The map, block and lot number of the subject parcel, as contained
in the records of the Office of the Luzerne County Recorder of Deeds.
(j)
A location map at a scale of not greater than one inch equals
2,000 feet, indicating the relation of the site to its geographic
proximity within the Township.
(k)
Contours of site.
[1]
In cases when a proposed use includes new construction and/or
grading of the site, applicant shall provide upon the site plan the
contours of the site at vertical intervals of:
[a] Not more than five feet for land with an average
natural slope of 5% or less.
[b] Not more than 10 feet for land with an average
natural slope exceeding 5%.
[c] Not more than 20 feet for land with an average
natural slope exceeding 15%.
[2]
Topography data shall be prepared by a professional land surveyor
or professional engineer from an actual field survey of the site or
from stereoscopic aerial photography and shall be coordinated with
official USGS benchmarks.
(l)
If applicable, the applicant shall submit a soil erosion and
sedimentation plan and/or NPDES permit for review and approval by
the Luzerne Conservation District.
(m)
The applicant shall submit with the site plan a narrative that
outlines and fully describes all proposed uses or development of the
site, along with all pertinent operational aspects, features and/or
activities related to the proposed uses or development of the site.
(n)
The applicant shall supply any other information required by
the Bear Creek Township Board of Supervisors for determining the conformance
of the conditional use with the regulations for that particular use.
B. Prior to approving or denying an application for a conditional use,
the Bear Creek Township Board of Supervisors shall conduct a public
hearing pursuant to public notice. The Board of Supervisors shall
submit the application for the proposed conditional use to the Bear
Creek Township Planning Commission, not less than 30 days prior to
the public hearing, to allow the Planning Commission to submit any
such recommendations as they may deem appropriate. Any conditional
use application and plans for a proposed PRD or a mobile home park
shall also be submitted to Luzerne County Planning Commission for
its review and comment.
C. The public hearing shall be held and conducted in accordance with the same procedural guidelines, which govern the Zoning Hearing Board under Article
XV of this chapter. The term "Board of Supervisors" shall replace the term "Zoning Hearing Board" in relevant passages of said article.
D. The Board of Supervisors shall convene a hearing on a conditional
use application within 60 days from the date of the applicant's request,
unless the applicant has agreed in writing to an extension of time.
The sixty-day time period shall not commence until the applicant has
submitted a properly completed application, with all required signatures
and all required fees. Each subsequent hearing shall be held within
45 days of the prior hearing unless otherwise agreed to by the applicant
in writing or on the record.
E. Rendering of decision.
(1) The Board of Supervisors shall render a final decision on a conditional
use application within 45 days following the conclusion of the last
public hearing. If the Board of Supervisors fails to render a final
decision within 45 days following the conclusion of the last public
hearing, the decision shall be deemed to have been rendered in favor
of the applicant, unless the applicant has agreed in writing or on
the record to an extension of time.
(2) If the Board of Supervisors fails to conduct or complete the required hearing as provided for under §
127-157D of this chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.
(3) When a decision has been rendered in favor of the applicant because
of the failure of the Board of Supervisors to meet or render a decision
as hereinabove provided, the Board of Supervisors shall give public
notice of the decision within 10 days from the last day it could have
met to render a decision in the same manner as required by public
notice. If the Board of Supervisors fails to provide such notice,
the applicant may do so.
F. The Board of Supervisors may grant an approval for a conditional
use upon its determination that adequate evidence and information
has been provided, which indicates the applicant's proposal meets
the general and specific requirements for the type of conditional
use in question, and any additional conditions and safeguards deemed
necessary to protect the public health, safety and general welfare.
The general standards contained herein shall be utilized in
the review of applications and plans for any use which is classified
as a conditional use.
A. The proposed use shall not jeopardize the community development objectives
of this chapter nor shall it adversely affect the health, safety and
welfare of the public and/or the environment.
B. Public services and facilities such as streets, sewage disposal,
water, police and fire protection shall be adequate for the proposed
use.
C. Existing and future streets and access to the site shall be adequate
for emergency services, for avoiding undue congestion, and for providing
for the safety and convenience of pedestrian and vehicular traffic.
The proposed use shall not result in unsafe or dangerous traffic conditions.
D. The proposed use shall be compatible with the adjoining development
and the character of the zoning district where it is proposed to be
located. The nature and intensity of the operation of the proposed
use shall be considered regarding its compatibility or lack thereof
with the adjoining development and the character of the zoning district.
E. The proposed use shall not substantially impair the value of other
property in the neighborhood where it is proposed to be located.
F. The proposed use and/or development shall not be more objectionable
in its operation in terms of noise, fumes, odors, vibration or lighting
than would be the operations of any permitted use in the district.
G. The proposed use and/or development shall not result in any adverse or negative impacts based upon the information required with submission of an environmental impact statement required under §
127-56 of this chapter, and all subsections thereunder.
H. The submission of any reports and/or studies within the context of the definition "impact analysis" as contained within Article
II of this chapter, must conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as defined by the Board of Supervisors, including but not limited to the interest of protecting the health, safety and welfare of the public and environmental features and characteristics of the site and/or surrounding areas.
The following uses/developments are classified as conditional uses within Article
V of this chapter:
A. C-1 Conservation District.
(1) Campgrounds and recreational vehicle parks.
(2) Commercial communication tower and related facilities.
(3) Excavation and extraction of minerals, excluding quarries (as defined in Article
II).
(5) Planned residential development.
(6) Small wind energy conversion system.
(7) Wind energy facility (as defined in Article
II).
(8) Any nonresidential use permitted by right or by special exception,
excluding agricultural uses, shall be deemed a conditional use if
it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
B. A-1 Agricultural District.
(1) Excavation and extraction of minerals, excluding quarries (as defined in Article
II).
(2) Planned residential development.
(3) Wind energy facility (as defined in Article
II).
(4) Small wind energy conversion system.
(5) Any nonresidential use permitted by right or by special exception,
excluding agricultural uses, shall be deemed a conditional use if
it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
C. R-1 Single-Family Residential.
(1) Small wind energy conversion system.
(2) Any nonresidential use permitted by right or by special exception
shall be deemed a conditional use if it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
D. R-2 Multifamily Residential District.
(1) Mobile home parks (homes on permanent foundations).
(2) Small wind energy conversion system.
(3) Any nonresidential use permitted by right or by special exception
shall be deemed a conditional use if it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
E. B-1 Neighborhood Business District.
(1) Small wind energy conversion system.
(2) Any nonresidential use permitted by right or by special exception
shall be deemed a conditional use if it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
F. B-2 General Business District.
(2) Small wind energy conversion system.
(3) Any nonresidential use permitted by right or by special exception
shall be deemed a conditional use if it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 80,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 15,000 square feet of buildings, structures
and/or other impervious surface area.
G. I-1 Industrial District.
(1) Automotive wrecking yards.
(4) Excavation and extraction of minerals, including quarry operations (as defined in Article
II).
(5) Heavy industrial uses (as defined in Article
II).
(7) Methadone treatment facility.
(9) Sexually oriented business (as defined in Article
II).
(10)
Small wind energy conversion system.
(14)
Any nonresidential use permitted by right or by special exception
shall be deemed a conditional use if it involves either of the following:
(a)
The initial or cumulative earth disturbance activity which equals
or exceeds 100,000 square feet of surface area.
(b)
The initial or cumulative construction, placement or installation
which equals or exceeds 25,000 square feet of buildings, structures
and/or other impervious surface area.
(c)
Any use which utilizes and/or stores any hazardous substances as so defined in Article
II of this chapter.
In addition to all other requirements, an environmental impact
statement shall be required for any use/development which is classified
as a conditional use. The Board of Supervisors, at its sole discretion,
may exempt a use from the submission of an environmental impact statement,
in whole or in part. Consideration of an exemption must be preceded
by a written request submitted by the applicant which addresses the
basis for the requested exemption. The purpose of the environmental
impact statement is to disclose the environmental consequences of
a proposed action. This requirement is designed to protect the natural
environment with respect to water quality, water supply, soil erosion,
pollution of any kind, flooding and waste disposal. The intent is
to preserve trees and vegetation, to protect watercourses, air quality,
aquifers and the quality of life throughout Bear Creek Township and
its environs. An environmental impact statement shall include a response
to the following items and said proposed use/development shall further
comply with all other applicable standards and requirements of this
chapter:
A. Soil types.
(1) USDA soil types (illustrated upon map).
(2) Permeability of soil on the site.
(3) Rate of percolation of water through the soil for every five acres.
B. Surface waters.
(1) Distance of site from the nearest surface water and head waters of
streams.
(3) Rate of runoff from the site.
(4) Destination of runoff water and method of controlling downstream
effects.
(5) Chemical additives to runoff water on the site.
(6) Submission of a soils erosion and sedimentation control plan meeting
the requirements of the Luzerne Conservation District.
(7) A stormwater management plan which shall be developed in coordination
with the soils erosion and sedimentation plan.
C. Ground cover, including trees.
(1) Extent of existing impervious ground cover on the site.
(2) Extent of proposed impervious ground cover on the site.
(3) Extent of existing vegetative cover on the site.
(4) Extent of proposed vegetative cover on the site.
D. Topography.
(1) Maximum existing elevation of site.
(2) Minimum existing elevation of site.
(3) Maximum proposed elevation of site.
(4) Minimum proposed elevation of site.
(5) Description of the topography of the site and all proposed changes
in topography.
E. Groundwater.
(1) Average depth to seasonal high water table.
(2) Minimum depth to water table on site.
(3) Maximum depth to water table on site.
F. Water supply.
(1) The source and adequacy of water to be provided to the site.
(2) The projected water requirements (GPD) for the site.
(3) The uses to which the water will be put.
G. Sewage system.
(1) Sewage disposal system (description and location on the site of system).
(2) Expected content of sewage effluents (human waste, pesticides, detergents,
oils, heavy metals, and other chemicals).
(3) Projected daily volumes of sewage.
(4) Affected sewage treatment plant's present capacity and design capacity.
H. Solid waste.
(1) Estimated quantity of solid waste to be developed and/or processed
on the site during and after construction.
(2) Method of disposal and/or processing of solid waste during and after
construction.
(3) Plans for recycling of solid waste during and after construction.
I. Air quality.
(1) Expected changes in air quality due to activities at the site during
and after construction.
(2) Plans for control of emissions affecting air quality.
J. Noise.
(1) Noise levels, above existing levels, anticipated to be generated
at the site (source and magnitude), during and after construction.
(2) Proposed method for control of additional noise on-site during and
after construction.
K. Impact of proposed use/development. A description of the impacts
on the environment and mitigating factors shall be provided for the
following:
(1) Existing plant species (upland and marine), and effects thereon.
(2) Existing animal species and effects thereon.
(3) Existing wild fowl and other birds and effects thereon.
(4) Effects of drainage and runoff.
(5) Effects on groundwater quality.
(6) Effects on surface water quality.
(8) Alternatives to proposed use/development, consistent with the zoning
of the site.
(9) Projected amount and type of traffic to be generated and the effects
of the same on public roads and highways.
L. Impact upon critical areas. The applicant shall define, describe and identify upon a map, critical areas as defined in Article
II of this chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including but not limited to adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development.
M. Other governmental jurisdiction. A list of all licenses, permits
and other approvals required by county, state or federal law and the
status of each.
N. Review procedure of environmental impact statement.
(1) Upon receipt of an environmental impact statement, the Board of Supervisors
shall promptly forward the environmental impact statement to the Township
Planning Commission, the Township Planning Consultant, the Township
Engineer and any other agency, firm or individual which the Board
of Supervisors may desire for their consultation and input.
(2) The Planning Commission shall review the applicant's environmental
impact statement and provide the Board of Supervisors with its comments
and recommendations within 30 days from the date of its submission
to the Planning Commission.
(3) The Board of Supervisors shall have the discretion to retain the
expertise of appropriate parties in their review of the environmental
impact statement.
(4) A determination by the Board of Supervisors of a potential adverse
environmental impact which may result and cannot be fully mitigated
by the applicant shall constitute sufficient basis for the denial
of a conditional use permit.
O. Mitigation of adverse impacts. In the event that any information,
data, and/or impact analysis indicates a projected and/or potential
adverse impact, the applicant shall fully mitigate such impact. A
determination of a potential adverse impact which may result and cannot
be fully mitigated by the applicant shall constitute sufficient basis
for the denial of a conditional use permit.
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SUPPLEMENTARY REGULATIONS FOR CERTAIN CONDITIONAL USES.
THESE REGULATIONS ARE IN ADDITION TO THOSE CONTAINED IN
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Excavation and extraction of minerals, as defined in Article
II, shall be considered a temporary use, subject to the following requirements:
A. Project narrative. A written report shall be submitted by the applicant
that includes the type of minerals proposed to be excavated, extracted,
and/or removed from the site, the volume of such material and the
maximum length of time associated with the proposed operation based
upon the stated volume of material. Said narrative shall also describe
normal, daily operational features performed upon the site, including
but not limited to, proposed hours of operation, anticipated noise
levels, and the type and volume of truck traffic to be generated with
the proposed traffic routes to and from the site.
B. Map. Submission of a map or maps at a scale of not greater than one
inch equals 50 feet that outlines the entire property and the proposed
area subject to excavation, extraction, and/or removal of minerals.
Said map shall indicate existing contours prior to the start of work,
and proposed final contours, including the proposed maximum depth
of excavation at all points subject to excavation. Said map or maps
shall also contain surface features showing the location of buildings,
dwellings, places of worship, schools, railroads, highways and public
uses within a distance of 500 feet from the perimeter of the proposed
use.
C. Bond, backfilling and fees. The applicant shall provide documentation
that all applicable state requirements relative to providing a bond
that guarantees the restoration and backfilling of any land proposed
to be excavated or otherwise disturbed has been secured.
D. Insurance. That a certificate of insurance evidencing that the quarry
operator has general liability insurance with limits of $500,000 per
accident and $1,000,000 in the aggregate for bodily injury and personal
injuries, and $1,000,000 per accident and in the aggregate for property
damage, be filed with the Board of Supervisors; which certificate
shall indicate that Bear Creek Township is listed as an additional
insured on the aforementioned policy for losses arising out of the
named insured's operations at the quarry.
E. Distance provisions. The perimeter of any excavation under this section
shall not be nearer than 1,000 feet from any building, property line
or street, except that owned by the applicant.
F. Timing.
(1) If blasting is proposed to be included as part of the excavation/extraction
process, such approval must be specifically granted by the Bear Creek
Township Board of Supervisors as an element of the conditional use
approval. Blasting, if permitted by the Township Board of Supervisors,
shall occur only between the hours of 9:00 a.m. and 4:00 p.m. local
time, excluding Saturdays, Sundays and the following holidays:
(2) All blasting shall be in accordance with regulations promulgated
by the Pennsylvania Department of Environmental Protection. The applicant
shall provide the Township with not less than a seventy-two-hour advance
notice.
G. Location of processing equipment. To reduce airborne dust, dirt and
noise, all structures for sorting, crushing, grinding, loading, weighing,
washing and other operations shall be not less than 1,000 feet from
the right-of-way of any street, and/or 1,000 feet from any residential
building or the boundary of a residential zoning district.
H. Drainage. All excavations both during operations and after completion
shall be drained to prevent the formation of pools of water. Adequate
measures shall be documented and approved as part of the application
process. Said measures shall be implemented prior to any excavation
operation.
I. Limitation on land area. At any given time, the active excavation/extraction
areas shall not exceed 10 acres in area on any lot or tract of land.
Additional areas may be approved on the completion and cessation of
previous approvals.
J. Compliance with state requirements. Final and/or unconditional approval
for excavation, extraction and/or minerals under the provisions of
this chapter shall not be issued until the applicant documents that
all required licenses and/or permits have been properly secured from
the applicable state and/or federal agencies, including but not limited
to the Pennsylvania Department of Environmental Protection.
All new junkyards and automotive wrecking yards, or the proposed
expansion of an existing junkyard and automotive wrecking yard, shall
comply with the following:
A. Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health of the community or residents nearby
or a place for the breeding of rodents and vermin.
B. Burning of any materials shall be prohibited.
C. No oil, grease, tires or gasoline shall be burned at any time.
D. No garbage, organic waste, rubbish, toxic materials and hazardous
materials shall be stored on such premises.
E. Whenever any motor vehicle shall be received on such premises as
junk, all gasoline, oil, antifreeze, transmission fluid and/or other
toxic fluid or hazardous material shall be drained and/or removed
from said vehicles and disposed of in a manner consistent with the
applicable rules and regulations of the Pennsylvania Department of
Environmental Protection.
F. The storage of any combustible materials, such as gasoline, oil or
related items, shall be placed in fireproof containers and stored
within fireproof sheds.
G. The manner of storage and arrangement of junk and the drainage facilities
on the site shall be such as to prevent the accumulation of stagnant
water upon the premises. A stormwater drainage plan shall be required.
H. There shall be no stockpiling of motor vehicles or any junk piled
higher than four feet.
I. Fire lanes of a minimum width of 20 feet in width shall be provided
for every 40 linear feet of junk, which shall be kept open and unobstructed
for proper access for firefighting equipment and safety purposes.
J. Junk shall not be stored within 100 feet of any adjoining property
line or nearer than 100 feet to any adjoining or abutting street.
K. All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article
II of this chapter. The required fence shall be not closer than 10 feet to any property line.
L. Every structure erected upon the premises and used in connection
therewith shall be of fireproof construction.
M. All premises shall, at all times, be maintained so as not to constitute
a nuisance, or a menace to the health, safety, and welfare of the
community or to the residents nearby, or a place for the breeding
of rodents and vermin.
N. Such premises may be open for business or any work in connection
with the storage, processing and transportation or removal of junk
only on Monday through Saturday, from 8:00 a.m. to 4:00 p.m., local
time.
SEXUALLY ORIENTED BOOKSTORE
An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following:
A.
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
B.
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENT
A nightclub, bar, restaurant, club or similar establishment
that regularly features live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities, or films, motion pictures, videocassettes, slides, or
other photographic reproductions in which a substantial portion of
the total presentation time is devoted to the showing of material
that is characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
MASSAGE PARLOR
An establishment where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment, or similar
treatment or manipulation of the human body is administered, unless
such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional
person licensed by the state. This definition does not include an
athletic club, health club, school, gymnasium, reducing salon, spa,
or similar establishment where massage or similar manipulation of
the human body is offered as an incidental or accessory service.
SPECIFIED ANATOMICAL AREAS
Specified anatomical areas, as used above within the definitions
of "sexually oriented bookstore" and "sexually oriented entertainment"
means and includes any of the following:
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Specified sexual activities as used above within the definitions
of "sexually oriented bookstore" and "sexually oriented entertainment"
means and includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of
the activities set forth as a "sexually oriented business."
Bulk fuel storage shall be located on a tract of land not less
than five acres. Storage tanks shall be located not less than 100
feet from any property line and shall be not less than 500 feet from
any dwelling, school, church or similar use. Cylinder filling rooms,
pumps, compressors and truck filling stations shall be located 250
feet from all property lines. The tank storage area shall be fenced
with an eight-foot-high industrial-gauge fence. If the storage property
abuts on the side or rear property line containing a residence, the
fence shall be screened from view by a dense growth of evergreens
at least five feet in height at the time of planting. Bulk fuel storage
facilities shall be developed in full compliance with all applicable
federal, state and insurance regulations.
The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of Chapter
109, Subdivision and Land Development. Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park.
The following design standards shall apply to the above uses:
A. Campgrounds and recreational vehicle parks shall require a minimum
lot size of not less than 20 acres.
B. The spaces or campsites shall be not less than 35 feet wide or less
than 2,400 square feet in area for each vehicle, exclusive of streets
and other public areas. The density of the park shall not exceed eight
spaces/campsites per acre.
C. Campgrounds and/or recreational vehicle parks must meet all Department
of Environmental Protection specifications in regard to toilet facilities,
sewage dumping facilities and water facilities.
D. No campsite shall be located within 200 feet of any property line.
E. No permanent structure shall be located within 100 feet of any property
line.
F. There shall be one or more recreation areas which shall be easily
accessible to all park residents. The size of such recreation area
shall be based upon a minimum of 200 square feet per each approved
campsite or lot.
The following design standards shall apply to any type of institution which meets the definition of a "detention facility" as defined in Article
II.
A. A detention facility shall require a minimum lot size of not less
than 25 acres.
B. All buildings and secure areas shall not be less than 500 feet from
any property line.