Township of Bear Creek, PA Supplemental Regulations

Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Said buildings shall be equipped with oil containment facilities/equipment which shall prohibit any oil from being discharged upon the ground or into streams, aquifers and/or environment. Refuse and/or waste oil shall be removed from site with disposal required in accordance with governing standards of the Pennsylvania Department of Environmental Protection. Only vehicles to be repaired on the premises or picked up by the vehicles' owner may be stored in the yard area. Where the operation abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive repair facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by a solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Automotive sales. Where the operation of an automotive sales use abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive sales facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Gasoline service stations (also includes convenience stores with gasoline sales). When a service station abuts on the rear or side lot line on the side or rear property line of any district with residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the gasoline service station from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. When a service station occupies a corner lot, the access driveways shall be located at least 60 feet from the intersection of the front and side street lines of the lot. All access driveways shall not exceed 25 feet in width. Gasoline pumps or other service appliances and canopies may be located in the required front yard, subject to having a setback of not less than 20 feet from the right-of-way line of the adjoining road. All repairs, service, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties.

Car wash. Appropriate drainage facilities for washing activities shall be provided. The facility shall be designed with a water reclamation system. The site shall be sufficiently large to accommodate three cars per stall waiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or solid opaque fencing eight feet in height and well maintained along such boundary. Outdoor trash dumpsters shall be concealed within an area by solid opaque fencing not less than six feet in height. Outdoor lighting shall be directed away from adjacent properties.

Banks. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Access driveways shall be no more than 25 feet in width. Canopies over drive-through areas shall meet all yard setback requirements.

Bed-and-breakfast. A bed-and-breakfast shall be within an owner-occupied dwelling containing not more than three bed-and-breakfast units which are rented on a nightly basis for periods of normally not more than a week. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Breakfast shall be the only meal served. Two off-street parking spaces shall be provided for each rental unit.

Boarding/rooming house. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.

Cemeteries. The property shall not be less than 10 acres. A structure, grave or place of permanent burial shall be set back not less than 50 feet from the property line. The cemetery shall be enclosed along all boundaries by a fence, wall or shrubbery, or any combination thereof, at least four feet in height. The interior roads shall have a minimum width of 15 feet and shall be properly maintained with either gravel or paving.

Club/private lodge. Buildings utilized for such purposes shall not be less than 40 feet from any property line. Where the use abuts on the rear or side lot line of any district with residences as the principal permitted use, a solid wall or solid opaque fencing not less than six feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Contractors' storage yards. Commercial or industrial uses utilizing outdoor storage space of more than 1,000 square feet shall be located on a tract of land not less than two acres. Supplies stored outdoors shall be neatly arranged and no required yard setback areas shall be used for storage. There shall be a roadway 14 feet in width provided for every 40 feet of stored materials. The roadway shall be kept passable for firefighting equipment. Where the operation abuts on the rear or side lot line on the side or rear property line of any district having residences as the principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the outdoor storage areas from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Day-care facilities. All day-care facilities shall comply with the following:

The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth.

Noise and all other possible disturbing aspects connected such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.

All day-care facilities shall have an outdoor play area which shall be completely enclosed with a fence six feet in height. Outdoor play activities shall be limited to the hours between 10:00 a.m. to 5:00 p.m., local time. The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater.

The applicant shall supply evidence that vehicular traffic congestion will be avoided in pickup and dropoff points utilized in transporting individuals to and from the facility.

Dwelling over or attached to a business. A dwelling unit over or attached to business establishments may be permitted provided that such dwelling is occupied by the owner or manager of such business. Said dwelling unit shall be designed as living quarters with private access, having adequate natural light and kitchen and bathroom facilities. The required off-street parking shall include residence parking spaces in addition to commercial parking spaces as required by Article 11.

Entertainment facilities. Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 50 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure.

Forestry activities (timber harvesting).

In order to preserve forests and the environmental and economic benefits that they provide, it is the policy of Bear Creek Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, historical and amenity values. The timber harvesting regulations set forth in this section are intended to further this policy by:

(a)

Promoting good forest stewardship;

(b)

Protecting the rights of adjoining property owners;

(c)

Minimizing the potential for adverse environmental impacts;

(d)

Preserving historical and environmental sensitive areas; and

(e)

Avoiding unreasonable and unnecessary restrictions of the right to practice forestry.

Forestry activities that include timbering operations that exceed five acres shall be conducted in accordance with the following requirements:

(a)

A zoning permit application shall be submitted to the Bear Creek Township Zoning Officer prior to harvesting or otherwise removing trees on any tract of land larger than five acres;

(b)

Prior to the start of operations, a forestry management plan shall be prepared and filed with the submission of the zoning permit application. Said plan shall be prepared by a qualified forester or forest technician, with a four-year degree from and accredited college;

(c)

The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association;

(d)

Prior to the approval of the zoning permit application, an erosion and sediment control plan shall be submitted by the applicant to the Luzerne County Conservation District for its review, recommendation and approval;

(e)

Clear-cutting shall be prohibited except on tracts of less than five acres;

(f)

When harvesting or otherwise removing on tracts larger than five acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of highest value species as determined and documented by the forestry management plan;

(g)

Clear-cutting is prohibited on acres with slopes greater than 15% or within the one-hundred-year floodway.

Funeral home. Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties.

Group residence. Any party wishing to establish and/or operate a group residence, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:

The maximum occupancy of a group residence shall not exceed eight persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing code standards by the governing code as provided for under the Pennsylvania Uniform Construction Code.

The group residence shall be under the jurisdictional and regulatory control of a governmental entity (county, state and/or federal).

The applicant and/or operator of a group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.

The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group residence; however two additional off-street parking spaces shall be provided and if there is any required staffing associated with the management and operation of a group residence.

Home occupations. A home occupation which is conducted within a dwelling unit or an existing accessory building to the dwelling shall be subject to the following provisions:

The occupation shall be carried on wholly indoors, within the principal building or within a building accessory thereto.

There shall be permitted a sign, not to exceed two square feet in surface area, placed flat against the building as a wall sign, and shall not be permitted above the first story level. No other exterior display or exterior storage of materials or any other exterior indication of the home occupation shall be permitted.

There shall be no maintenance of a stock-in-trade or show windows or displays or advertising visible outside the premises.

There shall be no repetitive servicing by truck.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than two additional employees. Licensed medical practitioners and attorneys may have more than two additional employees, subject to approval by the Zoning Hearing Board.

The floor area devoted to a home occupation, regardless of where located on a lot, shall be equivalent to not more than 25% of the floor area of the dwelling unit.

Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit:

(a)

Four spaces for each physician, dentist, or other licensed medical practitioner.

(b)

Three spaces for all other home occupations.

Industrial activities. In addition to the applicable requirements of this chapter, all industrial activities and uses permitted by right, special exception and/or conditional use shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agency. All industries are required to supply the Township Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.

Motels and hotels. Motel and hotel uses shall require a minimum lot size of not less than three acres with a lot width of not less than 200 feet.

The hotel/motel shall be serviced by centralized sewage and centralized water.

There shall be more than 10 sleeping rooms.

Fifty percent or more of the gross floor area shall be devoted to sleeping rooms.

There may be club rooms, ballrooms, and common dining facilities.

In the case of a corner lot, access drives shall be not less than 80 feet from the intersection of any two streets as measured from the intersection of their right-of-way lines.

No-impact home-based business. A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than the family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.

The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.

The business activity shall not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Outdoor fuel-burning furnace. An outdoor fuel-burning furnace shall be deemed to be an accessory structure permitted in all zoning districts as a special exception use, thereby requiring approval from the Zoning Hearing Board. Said furnaces shall only be located within a rear yard of a property. An outdoor fuel-burning furnace shall comply with the following standards:

A safe flue or chimney shall be provided which has a minimum termination height of 25 feet above the natural ground level upon which the furnace is located.

A fan or blower attached to the appliance to increase the efficiency of the furnace.

An outdoor fuel-burning furnace shall be located not less than 100 feet from any property line and not less than 40 feet to any principal structure or building located upon the property.

All outdoor fuel burning furnace are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.

All outdoor fuel-burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.

The owner of the outdoor fuel-burning furnace shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section.

All outdoor fuel-burning furnaces may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through April 30; and subject to meeting the requirements of this section.

No homemade outdoor fuel-burning appliances will be allowed.

(9)

Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and non-wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.

(10)

All storage of materials to be burnt in the outdoor fuel-burning furnace shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

(11)

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.

Place of worship. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. Access driveways shall be not greater than 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.

Public recreational facilities (outdoors). All such facilities shall conform to the following regulations:

No outdoor recreation activity, excluding trails and nature paths, shall be conducted closer than 35 feet to any property line.

Storm drainage from the site shall be channeled to natural drainage courses and away from adjoining properties.

Public uses. Municipal, police and fire buildings. Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being not less than six feet in height along with a planting of shrubbery or evergreen trees shall be provided.

Public utility buildings and structures. Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses:

Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.

A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities.

Outside lighting shall be directed away from adjacent properties.

The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.

Restaurants and taverns. Access drives shall not exceed 25 feet in width and for those establishments located on a corner lot; no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Restaurant, fast food. Access drives shall not exceed 25 feet in width and for those establishments located on a corner lot; no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. To avoid internal traffic congestion, the site layout shall provide a minimum queuing distance of 150 feet for vehicles between start of lane order to service window and a minimum queuing distance of 50 feet from start of lane to order.

AA.

Riparian buffer. In all zoning districts, a minimum setback of 100 feet from any natural watercourse (as defined in Article II) shall be required for any form of development and/or improvements.

BB.

Single residential structures containing multifamily dwelling units. Such structures shall contain a lot area of not less than 2,500 square feet for each dwelling. A minimum lot width of not less than 100 feet shall be required. Each side yard shall have a setback of not less than 15 feet.

CC.

Townhouses. Townhouses which are not being developed as part of a planned residential development shall be subject to the following provisions and all applicable provisions of Chapter 109, Subdivision and Land Development:

Minimum lot size for the development of townhouses shall be four acres.

Minimum lot width shall be 200 feet.

Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40%.

Minimum lot width per dwelling unit shall be not less than 20 feet.

Minimum lot depth per dwelling unit shall be not less than 100 feet.

Minimum lot area per dwelling unit shall be not less than 2,000 square feet.

Minimum front yard setback shall be not less than 30 feet.