A.
General. In addition to all other applicable standards in this chapter, the standards in this Article X, which may include larger lot sizes, increased setbacks and other standards more restrictive than established by other chapter sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.
B.
Site plan review. Certain uses as designated on the Schedule of Uses for each zoning district in § 400-14A require site plan review in accord with § 400-121C(9).
In adopting these standards which apply to adult businesses,
the Township has made the following findings in regard to the secondary
effects on the health, safety and welfare of the citizens of The Township.
The findings are based on evidence concerning the adverse secondary
effects of adult uses on the community presented in hearings and in
reports made available to the Township, and on findings incorporated
in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S.
41 (1986), Young v. American Mini Theaters, 427 U.S. 50 (1976), and
Northend Cinema, Inc., v. Seattle. 585 P. 2d 1153 (Wash. 1978), and
on studies in other communities including, but not limited to, Phoenix,
Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County,
Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los
Angeles, California; Austin Texas; Seattle, Washington; Oklahoma City,
Oklahoma; Beaumont, Texas; and New York City, New York; and also on
findings found in the Report of the Attorney General's Working Group
on the Regulation of Sexually Oriented Businesses, June 6, 1989, State
of Minnesota.
A.
Special exception; findings. Adult businesses are permitted as a
special exception use in a C-1 District, provided that all lot requirements
for retail trade uses in a C-1 District as set forth in the Schedule
of Development Standards are met. In adopting the following standards
which apply to adult businesses, the Township Board of Supervisors
has made the following findings:
(1)
The concern over sexually transmitted diseases is a legitimate health
concern of Coolbaugh Township which demands reasonable regulation
of adult businesses and adult uses in order to protect the health
and well-being of the citizens.
(2)
Classifying adult businesses as special exception uses and/or requiring
an annual permit for the same are reasonable means of accountability
to ensure that operators of adult businesses comply with reasonable
regulations and conditions, and to ensure that operators do not knowingly
allow their establishments to be used as places of illegal sexual
activity or solicitation.
(3)
There is convincing documented evidence that adult businesses, because
of their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent
to them, causing increased crime, the downgrading of property values
and the decline of the overall character of the community. A number
of municipal studies, including the 1986 Austin, Texas, study, have
demonstrated this.
(4)
It is generally recognized that adult businesses, due to their nature,
have serious objectionable operational characteristics, particularly
when they are located in close proximity to each other, thereby contributing
to neighborhood blight and downgrading the quality of life in the
adjacent area. A number of municipal studies, including the 1986 Austin,
Texas, study, have demonstrated this.
(5)
The Township desires to minimize and control these adverse secondary
effects and thereby protect the health, safety and welfare of the
citizenry, protect the citizens from increased crime, preserve the
quality of life, preserve property values and protect the character
of the surrounding community.
B.
Intent. It is the intent of this subsection to:
(1)
Regulate adult business in order to promote the public health, safety
and welfare by minimizing the secondary effects on the community which
are associated with such businesses.
(2)
Designate a zoning district where adult businesses are permitted,
and establish reasonable, content neutral standards applicable to
such uses.
(3)
Have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually
oriented or adult materials.
(4)
Not totally restrict or deny access by adults to sexually oriented
materials or adult materials protected by the First Amendment.
(5)
Not deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.
(6)
Not condone or legitimize the distribution of obscene material, or
to encourage any violation of the Pennsylvania Crimes Code or Pennsylvania
Obscenity Code.
C.
Special exception criteria. Adult businesses are classified as special
exception uses in C-1 Districts, which have been established throughout
the Township for ease of access and which provide a suitable area
for the development of such uses away from residential areas. In addition
to the other applicable general standards and the use criteria contained
in this chapter, the following standards shall apply to adult businesses:
(1)
Setback. Adult businesses shall not be located within 150 lineal
feet of any:
(2)
Similar businesses. Adult businesses shall not be located within
500 lineal feet of any existing adult business.
(3)
Measurement. The setback distance established in this subsection
shall be as measured from the nearest edge of the building used for
the subject use, measured in a straight line (without regard to intervening
structures or objects) to the nearest lot line of the premises of
a use from which the required setback applies.
(4)
Enlargement. An existing, lawful adult business may be expanded as
a special exception use once in total floor area by a maximum of 10%
beyond the floor area that lawfully existed in such use at the time
of adoption of this provision of this chapter.
(5)
Limit of one use. It shall be a violation of this chapter for any
person to cause or permit the operation, establishment or maintenance
of more than one adult business in the same building, structure or
portion thereof, or an increase of floor area of any adult business
in any building, structure or portion thereof that contains another
adult business.
(6)
Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter, that is in violation of any of the provisions of this subsection shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in Subsection C(4). The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined in Article III and regulated by Article XI of this chapter be changed to any type of adult business.
(7)
Location of new neighboring uses. An adult business lawfully operating
as a conforming use shall not be rendered a nonconforming use if,
subsequent to the grant or renewal of an adult business permit, a
use from which an adult business is required to provide a setback
under this section is developed within the required setback distance.
This provision applies only to the renewal of a valid permit, and
does not apply when the application for a permit is submitted after
a permit has expired or the permit has been revoked.
(8)
Alcohol. No adult business shall be operated in combination with
the sale of alcoholic beverages.
(9)
Visibility and signs. No sexually explicit material, signs, display or word shall be visible at any time from outside of the building. Exterior signs shall comply with the provisions of Article XIII of this chapter; however, business identification signs shall be limited to a maximum of 30 square feet and signs attached to the building facade shall be limited to a total of 40 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation.
(10)
Exemption for modeling class. It is a defense to prosecution
under this subsection that a person appearing in a state of nudity
did so in a modeling class operated:
(a)
By a proprietary school, licensed by the state, or an academically
accredited college or university.
(b)
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation.
(c)
In a structure:
[1]
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing.
[2]
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
[3]
Where no more than one nude model is on the premises at any
one time.
[4]
By an organization which qualifies under § 501(c)(3)
of the U.S. Internal Revenue Code as a nonprofit organization or foundation.
D.
Adult business permit.
(1)
Permit required. Any person who operates an adult business without
a valid permit issued by the Township is guilty of a violation of
this chapter.
(2)
Application. An application for a permit to operate an adult business
must be made on a form provided by the Zoning Officer. The application
must be accompanied by a sketch or diagram showing the floor plan
and plot plan configuration of the premises, including a statement
of total floor space to be occupied by the business. The sketch or
diagram need not be professionally prepared, but must be drawn to
a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(3)
Qualification; inspection. The applicant must be qualified according
to the provisions of this chapter, and the premises must be inspected
and found to be in compliance with the law by the Zoning Officer,
and the fire department, if required, or their successor agencies/personnel.
(4)
Signature. If the person who wishes to operate an adult business
is an individual, he/she must sign the application for the permit
as the applicant. For a person who wishes to operate an adult business
as other than an individual, each individual who has a 10% or greater
interest in the business must sign the application for a permit as
applicant. If a corporation is listed as owner of an adult business,
or as the entity which wishes to operate such a business, each individual
having a direct or indirect interest of 10% or greater in the corporation
must sign the application for a permit as applicant, and shall provide
their home address and full legal name.
(5)
Other permits. The fact that a person possesses other types of Township
permits does not exempt the person from the requirement of obtaining
an adult business permit.
(6)
Action. The Zoning Officer shall approve the issuance of a permit
to an applicant within 30 days after receipt of a full and complete
application (and after the special exception has been approved by
the Zoning Hearing Board), unless he/she finds one or more of the
following to be true:
(a)
An applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse is overdue in his/her
payment to the Township of taxes, fees, fines or penalties assessed
against him/her, or imposed upon him or her in relation to adult business.
(c)
An applicant has failed to provide information recently necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form.
(d)
An applicant is residing with a person who has been denied a
permit by the Township to operate an adult business within the preceding
12 months or residing with a person whose license to operate an adult
business has been revoked within the preceding 12 months.
(e)
The premises to be used for the adult business has been reviewed
and has been disapproved either by the Zoning Officer or the fire
department as not being in compliance with any of the provisions in
this chapter.
(f)
The permit fee required by this chapter has not been paid.
(g)
An applicant of the proposed establishment is in violation of,
or is not in compliance with, any of the provisions of this chapter.
(h)
An individual applicant or any individual holding a direct or
indirect interest of more than 10% of a corporate applicant, or any
of the officers or directors of a corporate applicant (if the applicant
is a corporation), or any of the partners, including limited partners
(if the applicant is a partnership) or manager or other person in
charge of the operation of the applicant's business has or have been
convicted of an offense involving sexual misconduct within the United
States of America, but not limited to, prostitution, aiding and abetting
prostitution, obscenity, possession or sale of child pornography,
corrupting the morals of minors, sale of pornography to minors, statutory
rape, involuntary sexual intercourse or sexual assault. In order for
approval to be denied pursuant to this subsection, such person or
persons must have been convicted of such sexual misconduct within
one year prior to the date of application in the event of summary
offense, three years prior to the date of application in the event
of a misdemeanor and 10 years prior to the date of application in
the event of a felony.
(7)
Posting. The permit, if granted, shall state on its face, the name
of the person or persons to whom it is granted, the expiration date
and the address of the adult business. The permit shall be posted
in a conspicuous place at or near the entrance to the adult business
so that it may be easily read at any time.
(8)
Certification completion. The Zoning Officer, the fire department
or their successor agencies/personnel, shall complete their certification
if the premises are in compliance or not in compliance within 20 days
of the receipt of the application by the Zoning Officer. The certification
shall be promptly presented to the Zoning Officer.
(9)
Manager. Each adult business shall provide the name of a responsible
on-site manager as part of the permit. Such manager shall have the
authority to ensure that the use complies with this chapter, in addition
to the responsibilities held by the owners of the business. The business
and home address and telephone numbers of such manager shall be reported
in writing to the Zoning Officer. If such name, address or telephone
number of such manager changes, the change shall be reported in writing
to the Zoning Officer within one working day.
E.
Fees and inspection of adult business.
(1)
The annual fee for an adult business shall be established from time
to time by resolution of the Township Board of Supervisors. Such fee
is intended to fund administrative, review and inspection costs of
the Township concerning the use.
(2)
An applicant or permittee, and his/her employees, shall permit representatives
of the police department and fire department and the Zoning Officer,
to inspect the premises of an adult business for the purpose of ensuring
compliance with the law, at any time that the adult business is occupied
or opened for business.
(3)
A person who operates an adult business or his/her agent or employee
is in violation of this chapter if he/she refuses to permit such lawful
inspection of the premises at any time that the adult business is
occupied or opened for business.
F.
Expiration of permit for adult business.
(1)
Each permit shall expire one year from the date of issuance and may
be renewed only by making application as provided in this chapter.
Application for renewal shall be made at least 30 days before the
expiration date and, when made less than 30 days before the expiration
date, the pendency of the application will not prevent the expiration
of the permit.
(2)
If the Zoning Officer denies renewal of a permit, the applicant shall
not be issued a permit for one year from the date of denial, except
that after 90 days have elapsed since the date of denial, the applicant
may be granted a permit if the Zoning Officer finds that the basis
for denial of the renewal permit has been corrected and abated. Nothing
herein is intended to limit or impair the right of any applicant to
appeal to the Zoning Hearing Board from a decision of the Zoning Officer.
In the event that the Zoning Hearing Board, after hearing, reverses
the Zoning Officer's decision, this subsection shall not apply.
G.
Suspension of permit. The Zoning Officer shall suspend a permit for
a period not to exceed 30 days if he/she determines that a permittee
or an employee of a permittee has:
(1)
Violated or is not in compliance with any section of this chapter.
(2)
Engaged in excessive use of alcoholic beverages while on the adult
business premises.
(3)
Allowed a visibly intoxicated person on the premises at any time
that the adult business is open for business.
(4)
Refused to allow an inspection of an adult business premises as authorized
by this chapter.
(5)
Knowingly permitted gambling by any person on an adult business premises.
H.
Revocation of permit.
(1)
The Zoning Officer shall revoke the permit if a cause or suspension set forth in Subsection G above occurs, and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Officer shall revoke the permit if he determines that:
(a)
A permittee or any other person specified in Subsection D(6)(h) is or has been convicted of the offenses specified in the said subsection.
(b)
A permittee gave false or misleading information in the materials
submitted to the Township during the application process.
(c)
A permittee or an employee of a permittee has knowingly allowed
possession, use or sale of controlled substances on the premises.
(d)
A permittee or an employee of a permittee has knowingly allowed
prostitution or solicitation for prostitution on the premises.
(e)
A permittee or an employee of a permittee knowingly operated
the adult business during a period of time when the permittee's permit
was suspended.
(f)
A permittee or an employee of a permittee knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation
or other explicit sexual conduct to occur in or on the permitted premises.
(g)
A permittee is delinquent in payment to the Township of any
fees relating to adult businesses.
(3)
If the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued an adult business permit for one year from the date revocation became effective, except that if the revocation is pursuant to Subsection H(2)(a), the revocation shall be effective for one year for a summary offense; two years in the event of a misdemeanor; or five years in the event of a felony.
(4)
After denial of an application, or denial of a renewal of application
or suspension or revocation of a permit, the application or licensee
or permittee shall have the right to appeal the Zoning Officer's determination
to the Zoning Hearing Board and from there to the Court of Common
Pleas.
I.
Transfer of permit. A permittee shall not transfer his permit to
another person unless such transferee submits an application pursuant
to this chapter. A permittee shall not operate an adult business under
a permit at any place other than the address designated in the application.
In addition to the other applicable standards of this chapter,
agricultural uses shall be subject to the following requirements:
A.
Crop production. Crop production shall be permitted in any district
on any size of parcel of land.
B.
Animal husbandry. Animal husbandry shall be permitted only in those
districts as designated on the Schedule of Uses and, in addition to
other applicable ordinance standards, the following shall apply.
(1)
Animal husbandry, commercial.
(a)
A minimum parcel size of five acres shall be required, plus
0.5 acre for each additional head of livestock.
(b)
The minimum front, side and rear setback distances shall be
100 feet for any pens (but not pasture areas), stables, barns, coops
or other animal housing structures and for the indoor or outside storage
of manure, by-products or waste in all districts.
(c)
The operation shall comply with PA DEP Chapter 102 rules and
regulations.
(2)
Animal husbandry, home use.
(b)
The following minimum front, side and rear setback distances
shall be maintained for any pens (but not pasture areas), stables,
barns, coops or other animal housing structures and for the indoor
or outside storage of manure, by-products or waste:
(c)
The maximum number of animals shall not exceed the following:
(d)
The keeping of rooster(s) and the raising of fur-bearing animal(s)
shall be prohibited.
(e)
All animals shall be confined to the property of the animals'
owner.
C.
State-protected agricultural operations. Nothing in this chapter
is intended to preclude the rights and protections of bona fide agricultural
operations afforded by the Pennsylvania Right To Farm Law, as amended;[1] the Pennsylvania Agricultural Area Security Law, as amended;[2] and other applicable state statutes. Such rights and protections,
in terms of limiting the application of the standards in this Zoning
Law, shall be afforded to such uses of land which meet the minimum
definition of agricultural use as established by the applicable state
statute.
(See § 400-18G for accessory heliports.) The standards in this section, in addition to other applicable standards in this chapter, shall apply to all existing and proposed airports. For the purposes of this section, airports shall include heliports.
A.
Conditional use. The development of a new airport and any change
to an existing airport which would affect the location of airport
surface zones, approach zones, or hazard zones, shall be considered
conditional uses. In addition to the other requirements of this chapter,
the requirements of this section shall apply to any airport conditional
use application. The following shall constitute changes at an airport
requiring conditional use approval:
(1)
Any extension of a runway's length;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, if such
paving results in any change in airport rating category under 67 Pa.
Code § 471.5, as amended, affecting or altering the location
or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting the
location areas of airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5,
as amended, affecting or altering the location or extent of any airport
hazard zone.
(7)
Any other physical, legal or rating change, or change in methods
of operation, flight paths or change in instrumentation or technology
resulting in a change in the location or extent of any airport hazard
zone.
B.
Application contents. The application for conditional use shall contain
the following documents and information:
(1)
A full narrative description of the airport and any changes proposed.
(2)
Plans and maps prepared by a registered professional engineer showing
the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer showing
existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps or plans
submitted to FAA and the Bureau of Aviation relating to the proposed
change or construction, rating change, or other rating, legal or physical
change.
(5)
A plan showing of how the lands or air rights negatively affected
shall be acquired.
(6)
A list of the names and addresses of all landowners negatively affected
by the proposed airport or change within a height of 75 feet from
the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners adjoining lands
owned or leased by the airport owner.
C.
Engineering review. The Township Engineer shall review the application
and report whether the application to the Planning Commission complies
with all applicable ordinances, laws and regulations relating to airport
hazard zones. The Township Engineer shall also report how the proposed
airport or change will affect neighboring landowners and landowners
in airport hazard zones. The Township Engineer shall also review and
report on expected obstructions to aircraft resulting from the airport
or change, and upon the adequacy, feasibility and practicality of
the applicant's plan to acquire the necessary air rights.
D.
Costs. Any airport or change to an airport resulting in a change
of airport hazard zones shall be considered a land development, and
in accord with § 503(1) of the Pennsylvania Municipalities
Planning Code,[1] the applicant shall be responsible for paying all reasonable and necessary charges of the Township's professional consultants or engineer relating to application review and report under the terms of Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
[1]
Editor's Note: See 53 P.S. § 10503(1).
E.
Notice to FAA, the Bureau of Aviation, and the county. The Zoning
Officer shall send a copy of the completed application to the Bureau
of Aviation, FAA and the County Planning Department by certified mail,
at least 14 days before the date of the hearing.
F.
Criteria to review. In granting or denying a conditional use, the
Supervisors shall consider:
(1)
The effect upon reasonable use of properties affected by the proposal.
(2)
How the applicant plans to acquire any necessary air rights.
(3)
The character of the flying operations expected to be conducted at
the airport.
(4)
The nature of the terrain within the airport hazard zone area.
(5)
The character of the community which is affected by the proposal.
(6)
The effect upon roads, development, transportation routes, and other
aspects of the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna
Township, and Tunkhannock Township Regional Comprehensive Plan.
(7)
The provision of hazard lighting and marking.
(8)
The importance of aircraft safety.
G.
Standards.
(1)
The applicant shall document compliance with all applicable state
and federal regulations.
(2)
The runway and/or landing pad shall be a minimum of 500 feet from
any property line, but greater setbacks may be required based on specific
site characteristics, surrounding uses and state and federal regulations.
Amusement parks, in addition to all other applicable standards,
shall be subject to the following standards:
A.
Structure height. No ride, structure or other amusement attraction
shall be located closer to any setback line than the height of said
ride, structure or amusement, but in no case less than 50 feet.
B.
Hours of operation. Hours of operation shall be limited to the period
between 9:00 a.m. and 11:00 p.m.
A.
Animal shelters and kennels. In addition to all other applicable
standards of this chapter, animal shelters and kennels shall be subject
to the following standards:
(1)
Parcel size. A minimum parcel of three acres shall be required.
(2)
Setbacks. Any unenclosed structure, outdoor kennel, or other outdoor
areas used for the keeping of animals shall not be located closer
than 125 feet to any property line or 100 feet to any public or private
road right-of-way.
(4)
Noise barrier. A noise barrier consisting of a solid fence not less
than six feet in height or a dense vegetative planting of not less
than six feet in height shall be provided at a distance not to exceed
15 feet and fully encircling all kennel areas or animal areas not
fully enclosed in a building.
(5)
Hours outdoors. All animals shall be restricted from using areas
not fully enclosed in a building from sunset to 8:00 a.m.
(6)
Wastes. All waste materials generated on the premises shall be disposed of at a PA DEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in water-tight containers in an area meeting the setbacks in Subsection A(2) until disposed of and proof of such disposal shall be provided to the Township.
(7)
Retail sales. Minor retail sales incidental to the kennel shall be
permitted.
B.
Stables, private. Private stables are permitted as an accessory use
to a single-family residence subject to the following conditions:
(1)
Parcel size. A minimum parcel of two acres shall be required for
the residence and stable.
(2)
Number of horses. No more than one horse shall be kept, except that
one additional horse may be kept for each additional 0.5 acre of land.
(3)
Setbacks. No stable building, corral or manure storage area shall
be located within 50 feet or an adjoining property line or any public
or private road right-of-way.
(4)
Existing structures. On parcels meeting the minimum parcel size requirement,
the use of an existing structure for housing of horses, which structure
does not meet the required setbacks, may be permitted as a conditional
use, provided the applicant can document that no nuisances will be
created due to noise, odor or other factors; and, the Township can
establish adequate conditions to assure the same.
(5)
Fences. All horses shall be restricted from grazing or intruding
on an adjoining property by adequate fences or other means.
(6)
Erosion and sedimentation; manure management. The applicant shall
provide a plan for soil erosion and sedimentation control and manure
management.
(7)
Uses permitted. The types of uses permitted shall be breeding, raising
and keeping of horses, and necessary buildings and structures.
C.
Stables, commercial and horses for hire. Commercial stables, including
horses for hire, shall, in addition to all other applicable requirements
of this chapter, comply with the following requirements:
(1)
Parcel size. A minimum parcel of 10 acres shall be required and a
single-family residence for the owner or manager shall be permitted
on the premises provided all other sections of this chapter and other
applicable standards are met.
(2)
Number of horses. No more than 20 horses are kept with the exception
that one additional horse may be kept for each additional 0.5 acre
of land.
(3)
Fences. All horses shall be restricted from grazing or intruding
on an adjoining property by adequate fences or other means.
(5)
Setbacks. No stable building, corral or manure storage area shall
be located within 200 feet of an adjoining property line and any public
or private road right-of-way.
(6)
Erosion and sedimentation; manure management. The applicant shall
provide a plan for soil erosion and sedimentation control and manure
management.
(7)
Uses permitted. The following types of uses shall be permitted as
part of the horse farm operation:
(a)
Breeding, raising, keeping and sale of horses, and necessary
buildings and structures.
(b)
Training of horses, and necessary buildings and structures,
including facilities for training only.
(c)
Boarding of horses, and necessary buildings and structures.
(d)
The hire of horses for riding or other use by persons other
than the owners of the horses or the owners' guests.
(e)
Sale of horses other than the horses raised or boarded on the
premises.
(f)
Retail sales of any goods or merchandise which are incidental
and accessory to the stable use.
E.
Zoos, menageries, and wild and exotic animals. Menageries and zoos
and the keeping of wild and exotic animals shall, in addition to all
other applicable Township, state and federal requirements, comply
with the following:
(1)
Minimum parcel. A minimum parcel size of five acres shall be required.
(2)
Sanitary condition. All animals and animal quarters shall be kept
in a clean and sanitary condition. Adequate ventilation shall be maintained.
(3)
Treatment of animals. The permit holder shall use every reasonable
precaution to assure that the animals are not teased, abused, mistreated,
annoyed, tormented or in any manner made to suffer by any means.
(4)
Incompatible animals. Animals which are enemies by nature or are
temperamentally unsuited shall not be quartered together or so near
each other as to cause the animals fear or to be abused, tormented
or annoyed.
(5)
Offensive odors and noise. The permit holder shall maintain the premises
so as to eliminate offense odors or excessive noise.
(6)
Peace and quiet. The permit holder shall not permit any condition
causing disturbance of the peace and quiet of his neighbors.
(7)
Animal escape. Animals shall be maintained in quarters so constructed
as to prevent their escape. The permit holder assumes full responsibility
for recapturing any animal that escapes from his premises. The permit
holder shall make adequate provisions and safeguards to protect the
public from the animals.
(8)
Other regulations. The operation shall conform to all applicable
local, state and federal laws and regulations.
(9)
Pen setback. Any building, pen, corral or other indoor or outdoor
area used for feeding of animals, concentrated confinement of animals
or animal waste storage shall not be located within 200 feet of any
adjoining property line and 150 feet from any public or private road
right-of-way.
(10)
Waste material. The applicant shall provide for adequate disposal
of all waste materials generated on the premises, and a detailed plan
for the same shall be included with the zoning application.
F.
Veterinary clinics. Veterinary clinics with outdoor facilities shall,
in addition to all other applicable Township, state and federal requirements,
comply with the following:
(1)
Livestock. Clinics for livestock shall be located on a tract of land of not less than five acres. The building and paddocks shall be located at least 200 feet from all property lines. All other open pens at any veterinary clinic shall comply with the setbacks for kennels in Subsection A.
(2)
Pets. Clinics for pets shall be located in either a soundproof building with no objectionable odors produced outside the building, in which case all regular district regulations shall apply; or an enclosed building with open pens, in which case, the building and pens shall comply with the requirements for kennels in Subsection A.
Bed-and-breakfast inns are allowed in certain districts as set
forth in the Schedule of Uses and shall comply with the following
standards in addition to all other applicable standards in this chapter.
A.
Bulk fuel storage facilities. In addition to all other applicable
standards, bulk fuel storage facilities shall be subject to the specific
regulations and requirements in this section and shall be permitted
only in those districts as specified in the Schedule of Uses.
(1)
Setbacks. Storage tanks shall be located not less than 50 feet from
any property line or any road or street right-of-way line. Cylinder-filling
rooms, pumps, compressors and truck-filling stations shall be located
not less than 100 feet from any property line, road or street right-of-way
line.
(2)
Fence; berm. The total tank storage area shall be entirely fenced
with an eight-foot-high industrial-type security fence or have an
equivalent protection barrier approved by the Township. Bulk storage
tanks shall be encircled by a moat or earthen berm to contain all
potential spillage.
(3)
Screening. If natural vegetation and/or topography does not provide
adequate screening, the Township may require vegetative plantings,
berms, fencing or other measures to screen any tank or other part
of the operation from public view.
(4)
Fuel spill containment. A fuel spill containment system adequate
to contain the total volume of each storage tank shall be provided
to prevent soil and water contamination.
(5)
Other regulations. Bulk fuel storage facilities shall be developed
in complete compliance with all applicable local, state, federal and
insurance regulations and requirements and the applicant shall provide
documentation confirming compliance.
B.
Retail home heating fuel distributors.
(1)
Use regulations. Retail home heating fuel distributors shall be limited to the storage and delivery of kerosene, home heating oil, and propane to individual dwellings or commercial establishments for use on that premises and not for resale. NOTE: Any operation: (a) involving the bulk storage of gasoline for distribution by delivery truck; or (b) any operation involving the bulk storage of any kerosene, home heating oil, diesel fuel, gasoline, or propane for distribution to retail or wholesale establishments, shall be considered a bulk fuel storage facility as defined in Article III.
(2)
Setbacks. Storage tanks shall be located not less than 75 feet from
any property line or public road right-of-way, and shall not be less
than 200 feet from any dwelling, school, church or other principal
structure not located on the same parcel as the tank. Cylinder-filling
rooms, pumps, compressors and truck filling stations shall be located
not less than 75 feet from any property line or public road right-of-way.
(3)
Screening. If natural vegetation and/or topography does not provide
adequate screening, the Township may require vegetative plantings,
berms, fencing or other measures to screen any tank or other part
of the operation from public view.
(4)
Fence. A perimeter security fence of such height and design deemed
adequate by the Township may be required by the Township.
(5)
Fuel spill containment. A fuel spill containment system adequate
to contain the total volume of each storage tank shall be provided
to prevent soil and water contamination.
(6)
Other regulations. All tanks and operations shall comply with all
applicable state, federal and insurance requirements, and proof of
such compliance shall be provided by the applicant.
In addition to all other applicable requirements, the following
standards shall apply to bus shelters:
A.
Road setback. The shelter shall be located at least 15 feet from
any public or private road cartway. The shelter shall be located so
that it will not impede any future maintenance procedures for the
cartway, shoulders or drainage facilities.
B.
Considered structures. A bus shelter shall be considered a structure.
C.
Size. A bus shelter shall not exceed 10 feet in height, 16 feet in
width or eight feet in depth.
D.
Access. Safe access to and from the shelter must be provided and
maintained.
E.
Ownership. The owner of the shelter shall be designated and it shall
be the owner's responsibility to perform any maintenance of the shelter
to keep it in good condition and free from the accumulation of trash
and debris. Any change in ownership shall be reported to the Township.
F.
School use. If the shelter is to be used by school children, a letter
from the transportation director of the Pocono Mountain School District
stating approval of the location and access facilities shall be provided.
G.
Signs. Signs on a bus shelter shall not be permitted, except for
official school district or bus company/authority signs not exceeding
a total surface area of 10% of the wall to which it is affixed.
The following standards and criteria apply to campgrounds and
recreational vehicle parks (herein referred to as "campgrounds") that
are in single ownership and that provide campsites on a maximum six-month
lease or rental basis only. Campgrounds with campsites proposed for
sale or lease exceeding a six-month period, shall meet the standards
and requirements for single-family detached residential subdivisions.
Campsites are permitted in approved campgrounds only.
A.
All campground subdivisions or developments shall have a total tract
area of not less than 20 acres.
B.
No permanent campground structures, buildings, sewage collection or disposal facilities, or water supply facilities shall be located in any flood hazard area, except in compliance with Article XII of this chapter.
C.
The proposed campground shall have access to an existing public street
or road.
(1)
If access to the campground is via a state highway, an approved and
completed highway occupancy permit from PennDOT shall be required
prior to occupancy of any campsite.
(2)
If access to the campground is via a Township street, an approved
and completed Township driveway permit shall be required prior to
occupancy of any campsite.
(3)
Access to all campsites shall be from interior streets only.
D.
The area to be improved for campsites shall not exceed 25% of the
total gross area of the tract being developed as a campground.
E.
No campsite may be occupied, in a recreational vehicle or any other
structure, as a permanent residence for more than six consecutive
months.
F.
The design of the campground shall conform to the requirements of
this chapter and/or the requirements of the Pennsylvania Department
of Environmental Protection (DEP) for travel trailer parks, whichever
is more restrictive. The applicant shall submit proof of approval
of the proposed plan by the DEP before the plan will be considered
for final approval by the Planning Commission and the Board of Supervisors.
G.
Each campsite proposed for use by recreational vehicles, either self-propelled
or trailers, shall have the following minimum dimensions:
I.
To ensure privacy, each campsite shall be screened from adjacent
sites, preferably by retaining or planting trees or shrubbery.
J.
The maximum gross density of development in the area to be improved
as campsites shall not exceed 10 per acre.
K.
No individual campsite shall be located within 50 feet of any exterior
property line of the campground or within 100 feet any public road
right-of-way. The land between the campsites and any adjacent property
shall have sufficient existing or planted trees and/or shrubbery to
effectively screen the campsites from the adjacent property and to
serve as a buffer. This buffer shall not be used for any purpose whatsoever
in connection with the campground (i.e., parking facilities, active
recreation, required open space, storage, etc.) with the exception
of a roadway for access to the campground. To the extent possible,
existing trees and shrubbery shall remain in place.
L.
No individual campsite shall be located less than 200 feet from a
permanent residential building, existing at the time of submission
of the campground plan and located on property owned by a person or
entity other than the owner of the campground.
M.
No campsite shall be located less than 75 feet from the edge of any
stream, lake or wetland area.
N.
Electric service shall be provided to all campsites intended to be
used by recreational vehicles. Such electric service shall be installed
underground and in accordance with the National Electric Code.
O.
At least 50% of all campsites proposed for use by recreational vehicles
shall be provided with a connection to a centralized sewage system.
P.
At least 66% of all campsites proposed for use by recreational vehicles
shall be provided with a connection to a centralized water system.
Q.
All campsites which are provided with neither a connection to a centralized
water supply nor a centralized sewage system shall be located within
500 feet of a bath house/toilet facility which shall be equipped with
toilets, urinals, lavatories and shower heads in accordance with DEP
regulations. There shall be at least two shower heads (one for males,
one for females) for every 20 campsites.
(1)
Campsites which are provided with a centralized water supply hookup
only shall be located within 750 feet of such facilities.
(2)
Campsites which are provided with both a centralized water supply
and a centralized sewage system shall be located within 1,000 feet
of such facilities.
(3)
Any bath house/toilet facilities shall be located so that the line
of travel from any campsite to the facility neither exceeds the distances
stated in this subsection nor encroaches onto any other campsite.
R.
All campsites designed for recreational vehicles shall have off-street
parking spaces on the site for the recreational vehicle and for one
passenger vehicle. The parking spaces shall be level in a longitudinal
direction, uniformly crowned in a transverse direction and well drained.
The parking spaces need not be paved, but shall have a minimum depth
of six inches of compacted crushed stone, bank-run gravel or shale.
S.
All campsites designed for tenting may be provided with one off-street parking space on the site, constructed as stated in Subsection R above, or a common parking area may be provided. Such common parking area shall be located not more than 500 feet from the most distant campsite that it is intended to serve. Common parking areas shall contain at least 1 1/2 spaces per campsite served. Design of the common parking area shall be in compliance with Articles VI, VII and VIII of this chapter.
T.
Any centralized water supply and/or centralized sewage collection
system shall be designed and constructed in accordance with the requirements
of DEP. Proof of approval of the installation of the sewage collection
system shall be submitted to the Township prior to any recreational
vehicle campsite without a central sewage hookup being occupied.
U.
The campground shall be equipped with a sewage dumping station designed
and constructed in accordance with the requirements of DEP. Proof
of approval of the installation of the sewage dumping station shall
be submitted to the Township prior to any recreational vehicle campsite
without a central sewage hookup being occupied.
V.
Proposed streets within the campground shall conform with the standards of Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh. Paving of streets within the campground is not required; however, if any campground street abuts a Township street, the campground street shall be adequately paved for a distance of at least 100 feet from the point of intersection with the Township street. All streets in the campground shall be named, with appropriate legible signs posted at each intersection. Street names shall be different from the name of any existing street in the Township.
W.
At least 20% of the entire campsite tract shall remain as open space.
Any wetlands or steep slopes may not be included in the required open
space area. At least 50% of this open space area shall be improved
to provide for active recreation for users of the campground. Such
active recreation may include, but is not limited to, swimming pools,
playgrounds, play fields, ball fields, courts of all types, hiking
trails, biking trails, community buildings and similar facilities.
The Planning Commission and the Board of Supervisors will determine
the adequacy of the proposed recreational facilities for the number
of proposed campsites. Additional recreational facilities may be required
before final approval is granted.
X.
Collection, storage and disposal of refuse shall be in compliance with Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh. Any containers used for temporary storage of collected solid waste shall be screened from public view.
Y.
The Planning Commission and/or Board of Supervisors may require such
other improvements which may be necessary to ensure public health,
safety and general welfare. These other improvements may include,
but shall not be limited to, adequate lighting system and maintenance
of all areas.
Z.
Construction and maintenance of all required improvements, including,
but not limited to, campground streets, recreational areas, buffer
strips and the general appearance of the campground, shall be the
sole responsibility of the developer or operator of the campground.
A.
All graves or other places of burial shall be not less than 35 feet
from any public road or street right-of-way line or property line.
B.
All stacked vaults, mausoleums, and monuments shall not exceed 12
feet in height.
C.
Any on-site buildings used for offices, ceremonial, or maintenance
shall conform to applicable standards within this chapter.
D.
All cemeteries shall present a long-term maintenance plan to the
Township prior to approval. The Township may require a bond.
In addition to all other applicable requirements, the following
standards shall apply to private clubs and lodges:
A.
Statement of use. A statement setting forth full particulars on the
operation of the use, a copy of the Articles of Incorporation, if
a corporation, or trade-name certificate, if any, shall be filed with
the Zoning Hearing Board. In addition, the Board may, in any case,
require that names and addresses of all charter members be furnished.
B.
Type of use. The proposed use shall be a bona fide not-for-profit
organization operated solely for the recreation and enjoyment of the
members of said organization and their guests.
Commercial communication devices are permitted by special exception
in certain districts. The following standards shall apply to these
communications facilities, support structures, and associated facilities:
A.
Purposes.
(1)
To accommodate the need for commercial communication devices (CCD)
while regulating their location and number in the Township in recognition
of the need to protect the public health, safety and welfare.
(2)
To minimize the adverse visual effects of communication devices and
support structures through proper design, siting and vegetative screening.
(3)
To avoid potential damage to adjacent properties from communication
device support structure failure and falling ice, through engineering
and proper siting of support structures.
(4)
To encourage the joint use of any commercial communication device
support structures and to reduce the number of such structures needed
in the future.
B.
Permits. A permit shall be required for every CCD and support structure
installed at any location and the following use regulations shall
apply:
(1)
Existing tall structures. A site with a CCD that is attached to an
existing communications tower, smoke stack, water tower or other tall
structure where the height of the CCD does not exceed the height of
the existing structure by more than 15 feet shall be permitted in
all districts as an accessory use and special exception use approval
shall not be required. The applicant shall provide the following information:
(a)
Evidence from a Pennsylvania registered professional engineer
certifying that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings indicating how
the antennas will be mounted on the structure for review by the Township
for compliance with applicable requirements.
(c)
Evidence of agreements and/or easements necessary to provide
access to the building or structure on which the antennas are to be
mounted so that installation and maintenance of the CCD and associated
equipment can be accomplished.
(2)
New structures and CCD exceeding 15 feet on existing structures.
A site with a CCD that is either not mounted on an existing structure
or is more than 15 feet higher than the structure on which it is mounted
shall require special exception use in accord with this subsection.
(3)
Associated use. All other uses ancillary to the CCD (including a
business office, maintenance depot, vehicle storage, etc.) are prohibited
from the CCD site, unless otherwise permitted in the zoning district
in which the CCD is located. This shall not prohibit the installation
as accessory structures of equipment containers not intended for human
occupancy to house only equipment necessary for the operation of the
CCD.
(4)
CCD as a second principal use. A CCD shall be permitted on the property
with an existing use, subject to the following land development standards:
(a)
The CCD shall be fully automated and unattended on a daily basis,
and shall be visited only for periodic maintenance.
(b)
The minimum lot area, minimum setbacks and maximum height required
by this subsection for the CCD and support structure shall apply and
the land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(c)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(d)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed facility and that vehicular access is provided
to the facility.
(e)
Adverse impacts. The applicant must demonstrate that the proposed
facility will have no adverse impact on:
C.
Standards.
(1)
Location requirement. An applicant proposing a communications transmission
and receiving facility must demonstrate through competent expert testimony
before the Zoning Hearing Board that an existing CCD will not provide
adequate service within Coolbaugh Township as required by the Federal
Communications Commission (FCC) license held by the applicant. The
applicant shall also demonstrate to the satisfaction of the Zoning
Hearing Board, using technological evidence, that the CCD and support
structure must go where it is proposed, and does not exceed the minimum
height necessary, to ensure the adequacy of service within the company's
approved grid system.
(2)
Co-location; new tower. If the applicant proposes to build a tower
(as opposed to mounting the CCD on an existing structure), the Township
may require the applicant to demonstrate that it contacted in writing
the owners of tall structures within a one-mile radius of the site
proposed, asked for permission to install the CCD on those structures
and was denied for reasons other than economic considerations. This
would include smoke stacks, water towers, tall buildings, CCD support
structures of other communication companies, other communications
towers (fire, police, etc.) and other tall structures. The Township
may deny the application to construct a new tower if the applicant
has not made a good faith effort to mount the CCD on an existing structure,
thereby documenting that there exists no other support structure which
can reasonably serve the needs of the owner of the proposed CCD. A
good faith effort shall demonstrate that one or more of the following
reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural capacity
of the existing structure and its reinforcement cannot be accomplished
at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference
with other existing equipment for the existing structure and the interference
cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(3)
CCD height. The applicant shall demonstrate that the CCD is at the
minimum height required to function satisfactorily. No CCD and support
structure that is taller than this minimum height shall be approved.
(4)
Parcel size; setbacks. If a new CCD support structure is constructed
(as opposed to mounting the CCD on an existing structure) or if the
CCD height exceeds the height of the existing structure on which it
is mounted by more than 15 feet, the minimum parcel size and setbacks
in this subsection shall apply.
(a)
Separate parcel. If the parcel on which the CCD and support
structure is to be located is a separate and distinct parcel, the
zoning district minimum lot size shall apply, and in all cases, the
lot shall be of such size that all required setbacks are satisfied.
In addition, the distance between the base of the support structure
and any adjoining property line (not leases license or easement line)
shall be 110% of the height of the proposed tower or antenna, unless
the applicant presents competent evidence that the CCD is structurally
designed to collapse within itself and not to fall over its entire
height.
(b)
Lease, license or easement. If the land on which the CCD and
support structure is to be located is leased or is used by license
or easement, the setback for any part of the equipment containers,
other accessory structures and guy wire anchors shall be a minimum
of 30 feet from the line of lease, license or easement. In any case,
the lease, license or easement area shall be of such size that all
required setbacks are satisfied. In addition the distance between
the base of the support structure and any adjoining property line
(not lease, license or easement line) shall be 110% of the height
of the proposed tower or antenna unless the applicant presents competent
evidence that the CCD is structurally designed to collapse within
itself and not to fall over its entire height.
(5)
Distance from residential structures. A CCD shall be located a minimum
distance of 1,000 feet from any existing single or multifamily residence
or any existing structure utilized for residential purposes.
(6)
CCD support structure safety. The applicant shall demonstrate that
the proposed CCD and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris or radio frequency interference. All support
structures shall be fitted with anticlimbing devices as approved by
manufacturers. The applicant shall submit certification from a Pennsylvania
registered professional engineer that a proposed CCD and support structure
will be designed and constructed in accordance with the current structural
standards for steel antenna towers and antenna-supporting structures
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of any applicable
building code. Within 45 days of initial operation, the owner and/or
operator of the CCD and support structure shall provide a certification
from a Pennsylvania registered professional engineer that the CCD
and support structure comply with all applicable regulations.
(7)
Fencing and security. The entire facility shall be enclosed in a
fence that is adequate to guarantee security and shall have a monitoring
system with an on-site audible alarm. The monitoring system shall
also be connected to an off-site station that is manned at all times
that the facility is not manned.
(8)
Landscaping. Landscaping shall be required to screen as much of the
support structure as possible, the fence surrounding the support structure
and any other ground-level features (such as a building) and in general
buffer the CCD and support structure site from neighboring properties.
The Township may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping,
if the same achieves the same degree of screening as the required
landscaping. If the CCD is mounted on an existing structure, and other
equipment is housed inside an existing structure, landscaping shall
not be required. In addition, existing vegetation on and around the
site shall be preserved to the greatest extent possible.
(9)
Co-location; other uses. In order to reduce the number of CCD support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users including,
but not limited to, other communication companies and local fire,
police and ambulance companies. The applicant shall provide evidence
of written contact with all wireless service providers who supply
service within the Township for the purpose of assessing the feasibility
of co-located facilities. The proposed structure, if evidenced by
needs as determined by the Township, shall be constructed to provide
available capacity for other providers should there be a future additional
need for such facilities.
(10)
Licenses; other regulations; insurance. The applicant must demonstrate
that it has obtained the required licenses from the Federal Communications
Commission, the Pennsylvania Public Utility Commission and other agencies,
if applicable. The applicant shall also document compliance with all
applicable state and federal regulations. The applicant shall submit
the name, address and emergency telephone number for the operator
of the CCD, and a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the CCD and support structure.
(11)
Access; required parking. Access to the CCD and support structure
shall be provided by a means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free all-weather
surface for its entire length. If the CCD site is fully automated,
adequate parking shall be required for maintenance workers.
(12)
Color and lighting; FCC and PennDOT notice. CCD support structures
under 200 feet in height should be painted silver or have a galvanized
finish retained, in order to reduce the visual impact; support structures
may be painted green up to the height of nearby trees. Support structures
200 feet in height or taller, those near airports or those which are
otherwise subject to Federal Aviation Administration (FAA) regulations
shall comply with the said regulations. No CCD support structure may
be artificially lighted except in accord with Federal Aviation Administration
requirements. The applicant shall provide a copy of the response to
"Notice of Proposed Construction or Alteration" forms submitted to
the FAA and PennDOT Bureau of Aviation, and the CCD and support structure
shall comply with all FAA and PennDOT requirements.
(13)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties shall not be disturbed or diminished.
(14)
Historic structures. A CCD shall not be located on a building
or structure that is listed on a historic register or within 500 feet
of such a structure.
(15)
Discontinued use. Should any CCD or support structure cease
to be used as a communications facility, the owner or operator or
then-owner of the land on which the CCD and support structure is located
shall be required to remove the same within one year from the abandonment
of use. Failure to do so shall authorize the Township, after due notice,
to remove the facility and assess the cost of removal to the foregoing
parties. The Township may also file a municipal lien against the land
to recover the costs of removal and attorney's fees.
(16)
Land development plan. A full land development plan shall be required for all CCD and support structure sites, showing the CCD, CCD support structure, building, fencing, buffering, access and all other items required in Chapter 355, Subdivision and Land Development. The site plan shall not be required if the CCD is to be mounted on an existing structure and the CCD does not exceed the height of the existing structure by more than 15 feet.
(17)
Recording of plan. Recording of a plat of subdivision or land
development shall not be required for a lease, license or easement
parcel on which a CCD and support structure is proposed to be constructed,
provided the CCD is unmanned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This section is intended to provide standards for industrial-like
agricultural operations with animal densities which are likely to
create effects on the environment and community which exceed those
effects normally associated with typical farming. It is not intended
to supersede the Pennsylvania Nutrient Management and Odor Management
Act[1] in terms of regulation of the storage, handling or land
application of animal manure or nutrients or the construction, location
or operation of facilities used for the storage of animal manure or
nutrients or practices otherwise regulated by the Act. The definitions
and calculations in this section are intended to be consistent with
the Nutrient Management and Odor Management Act, and all information
and studies required by this section shall, at a minimum, include
the information required by the Act and its regulations.
A.
Definition of CAFO. Any livestock operation which is defined as a
concentrated animal feeding operation by the regulations adopted by
the Commonwealth of Pennsylvania.
B.
Conditional use. CAFOs shall be considered conditional uses and only
in those districts specified by the Schedule of Uses.
C.
Standards. The following standards shall be applied to all CAFOs,
and no conditional use approval shall be granted until all required
information and plans have been submitted by the applicant and have
been approved by the Township. Failure of the applicant to implement
any of the required plans shall constitute a zoning violation subject
to the penalties and remedies contained in this chapter.
(1)
Parcel size. The minimum parcel size (contiguous owned or rented
acres) for a CAFO shall be 50 acres for a CAFO involving poultry and
100 acres for any other CAFO.
(2)
Location. The applicant shall conduct a traffic study in accord with § 400-54 to demonstrate the roads serving the location are adequate to carry the volume and weight of the anticipated traffic. Such final determination shall be made by the Township based on the traffic study. The traffic study and plan shall establish the most direct proposed route or routes for vehicles serving the facility. This route shall minimize impacts on any residence, commercial or retail establishment, public school or religious institution.
(3)
Setbacks. CAFO buildings used for housing of animals and structures
for the storage of manure shall not be less than 500 feet from any
property line and not less than 2,500 feet from any existing dwelling
not located on the land with the CAFO. Manure storage facilities shall
meet the setbacks established by the Nutrient Management and Odor
Management Act and its regulations.
(4)
Buffer. A buffers shall be provided in accord with a plan to minimize
CAFO visibility from adjoining properties and minimize sound and odor
emanating from the property.
(5)
Nutrient management plan. A nutrient management plan shall be prepared
in accord with the requirements of Title 25, Chapter 83, Subchapter
D, Pennsylvania Code.
(6)
Stormwater management. A stormwater management plan shall be prepared meeting the requirements of the applicable Chapter 355, Subdivision and Land Development.
(7)
Conservation plan. A conservation plan shall be prepared meeting
the requirements of the Monroe County Conservation District.
(8)
Groundwater protection. The applicant shall submit a groundwater
and hydrogeological report from a qualified engineer or geologist
detailing the groundwater characteristics of the area and identifying
the probable impacts on groundwater supply and quality. Details of
the potential hazards and details of planned safety devices and contamination
response actions shall be provided. The Township may require a plan
to be submitted for review and approval and may require security for
insuring contamination response. Monitoring wells and water quality
testing may also be required by the Township. The developer shall
also provide details about the use of groundwater and any processes
that could result in the depletion of groundwater supplies. In cases
where the use is of such a nature that large volumes of groundwater
are required, the developer shall provide appropriate hydrogeologic
studies which clearly establish that the proposed use will not cause
a reduction in the quantity or the quality of groundwater supplies
available to other properties located within 1,000 feet of any portion
of the property where the proposed use will be located.
(9)
Waste disposal or discharge. Solid and liquid wastes shall be disposed
of in a manner to avoid creating insect or rodent problems, and an
insect/rodent abatement plan which shall be prepared. No discharges
of liquid wastes and/or sewage shall be permitted into a reservoir,
sewage or storm sewer disposal system, holding pond, stream or open
body of water, or into the ground unless the discharges are in compliance
with the standards of local, state and/or federal regulatory agencies.
(10)
Odor control. The applicant shall prepare an odor abatement
plan and document the ability to comply with the plan. It is recognized
that certain agricultural activities do produce odors, but the applicant
shall show that odors can be reduced to a minimum or abated. The plan
shall include such steps as may be necessary to abate odors or to
allow odors at times to minimize interference with the public health,
safety and welfare.
(11)
Facility operation and management. The applicant shall demonstrate
that the facility will meet the operational and management standards
as may be set forth in treatises recognized by agricultural authorities
or as the same may be produced by the Pennsylvania Department of Agriculture,
Department of Environmental Protection, Pennsylvania State University,
College of Agricultural Sciences, or similar entity. The operation
and day-to-day maintenance of the facility shall comply with all applicable
local, state and federal statutes, rules, regulations and ordinances
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
chapter. The applicant shall obtain all required local, state and
federal as a condition of Township approval. A copy of all written
applications, filings, plans and materials that are filed before any
local, state and federal agency or which relate to other ordinances
of the Township shall be concurrently submitted to the Zoning Officer.
(12)
Floodplain. No CAFO buildings or manure storage facilities shall
be erected in the one-hundred-year floodplain.
D.
Manure from CAFO outside Township. This section applies to application
of manure on lands in the Township from CAFOs located outside the
Township. It is intended to ensure compliance with all applicable
state and federal regulations.
(1)
Conditional use. The application of manure on lands in the Township
from a CAFO located outside the Township shall be considered a conditional
use.
(2)
Nutrient management plan. A nutrient management plan shall be prepared
in accord with the requirements of Title 25, Chapter 83, Subchapter
D, Pennsylvania Code.
(3)
Conservation plan. A conservation plan shall be prepared meeting
the requirements of the Monroe County Conservation District.
(5)
Odor control. The applicant shall prepare an odor abatement plan
and document the ability to comply with the plan. It is recognized
that certain agricultural activities do produce odors, but the applicant
shall show that odors can be reduced to a minimum or abated. The plan
shall include such steps as may be necessary to abate odors or to
allow odors at times to minimize interference with the public health,
safety and welfare.
(6)
Regulation compliance. The applicant shall provide documentation
to demonstrate compliance with all applicable state and federal regulations.
This shall also include the source and content of the manure and documentation
of compliance with the source operation with all applicable state
and federal regulations.
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
Development amenities shall include recreational facilities,
including, but not limited to, ski slopes and tows, golf courses,
tennis facilities, beaches, swimming pools and natatoriums, gymnasiums,
craft facilities and similar uses and facilities; guard shacks; and
administrative facilities, including, but not limited to, administration
office buildings in which meeting rooms, storage space and mailboxes
may be contained, located within the confines of the exterior perimeter
of a subdivision of record or planned community or contiguous thereto.
In addition to all other applicable requirements, the following standards
shall apply development amenities:
A.
Resident benefit. The activity, amenity, structure or use shall be
principally for the benefit and convenience of the families, guests
and tenants of lot owners.
B.
Location. The activity, amenity, structure or use shall be located
wholly within the confines of the exterior perimeter of a subdivision
of record or planned community or contiguous thereto. However, no
development activity, amenity, structure or use located within a planned
community shall be permitted on residential lots or units other than
lots that constitute common areas of the planned community.
C.
Signs. Only one sign, not exceeding 32 square feet in area and not
exceeding 10 feet in height above the average ground line to the highest
point, shall be permitted for each such activity, amenity, structure
or use, except directional signs.
D.
Percentage of area devoted to use. The sum of the areas (including
the area required for any parking) devoted to uses, activities or
structures normally permitted in the C-1 District shall not exceed
1% of the total gross area within the confines of the exterior perimeter
of the subdivision of record.
E.
Structure setbacks. Any building or structure (other than signs)
shall conform to the setback requirements of the district in which
the amenity is located.
G.
Subsurface disposal. Subsurface disposal areas constructed to serve
this amenity shall not encroach on any required parking area or upon
the buffer strip.
H.
Buffer strip. A buffer strip not less than 20 feet in width shall
be provided between any such use and any plotted lot of the subdivision.
I.
Commercial activity. No commercial or for-profit activity shall be
conducted within any administration office building.
The following standards shall apply to distribution centers
and truck terminals:
A.
Lot. A minimum size lot of five acres shall be required with a minimum
width of 400 feet.
B.
Setback. All activities, including the storage and parking of vehicles
and materials, shall be set back from public roads and all lot lines
a minimum of 50 feet.
C.
Access. The site shall have direct access to a public arterial or
collector road.
D.
Fence/screening. Fencing or screening along the exterior parcel boundary
may be required dependent upon specific location characteristics.
(See § 400-79 for mineral extraction.)
A.
Site features. Unique or environmentally significant natural features
and significant historic or architectural structures and sites shall
be protected from disruption or adverse effects from quarrying and/or
mining activities.
B.
E&S plan. The applicant shall provide a soil erosion and sedimentation
control plan approved by the Monroe County Conservation District and/or
PA DEP in accord with applicable requirements.
C.
Operating plan; reclamation plan. The applicant shall submit an operating
plan and schedule and a reclamation plan describing the proposed reclamation
conditions after the activity is completed. At a minimum, the land
shall be returned to approximately the same degree of slope as the
surrounding lands and shall be planted with suitably selected new
trees or other plant materials (refer to SALDO) to assure a successful
forest growth or other suitable revegetation of the site.
D.
Filling. The dumping of earth, gravel, rock or other materials not
subject to decay, noxious, or offensive odors may be permitted in
any zone on any vacant land, provided that the existing grade shall
not be raised more than three feet above the nearest road, hazardous
or nuisance conditions are not created, unstable slopes are not created
and/or an unsightly appearance is not created.
E.
Slopes. Final slopes shall be covered with a suitable ground cover.
A maximum of a 30% incline or decline shall be permitted in relationship
to existing adjoining property grades after excavation.
F.
Permits. A permit shall be required for any operation which extends
beyond one year and/or which changes in character from the initial
permitted activity.
G.
Subdivision or land development. Grading activities as part of approved
subdivision or land development plans shall not require a separate
permit. Site grading plans shall be submitted for review and approval.
In addition to all other applicable requirements, the following
standards shall apply to outdoor flea markets:
A.
District standards. The use shall comply with the lot area, setback,
lot coverage, building height and other standards applicable to the
district.
B.
Design. The proposed use and related structures shall be arranged
and/or constructed in accord with an overall plan and shall be designed
as a single architectural style with appropriate landscaping and buffering
in accord with Township requirements.
C.
Water supply and sewage disposal. Provision shall be made for water
supply and sewerage disposal in accord with applicable state, and
Township requirements.
D.
Outdoor storage. There shall be no outdoor storage of supplies, goods
or waste.
E.
Hours of operation. Flea market operation shall be limited to the
hours between 8:00 a.m. and sunset.
See § 400-18T.
In addition to all other applicable requirements, the following
standards shall apply to gaming establishments and resorts:
A.
Location. Gaming establishments shall not be located less than 250
feet from any parcel of land containing any of the following:
B.
Similar establishments. Gaming establishments shall not be located
within 1,000 feet of any other gaming establishment.
C.
Measurement. The setback distances established in this section shall
be as measured from the nearest edge of the building used for the
subject use, measured in a straight line (without regard to intervening
structures or objects) to the nearest lot line of the premises of
a use from which the required setback applies.
D.
Other uses. Any gaming establishment offering other service such
as a restaurant, lounge, etc., shall comply with all standards applicable
to such other use.
E.
Small games of chance. Small games of chance conducted by nonprofit
organizations in accord with the Pennsylvania Local Option Small Games
of Chance Act (10 P.S. §§ 338.101 to 328.707), as amended,
shall be a permitted accessory use in all zoning districts.
[Added 10-4-2022 by Ord.
No. 147-2022]
In addition to all other applicable requirements, the following
standards shall apply to hospitals:
A.
Hospitals are permitted as a conditional use in the C-1, C-2, and
C-3 Zoning Districts in the Township.
B.
Hospitals shall be located on a lot with its main access onto an arterial or collector street, as defined by the Coolbaugh Township Subdivision and Land Development Ordinance [Chapter 355].
C.
At least two access roads with a minimum width of 20 feet shall be
provided from such arterial or collector street.
D.
More than one means of emergency access to the property shall be
provided.
E.
All facilities shall be located on the ground floor unless an elevator
sufficient to accommodate rolling beds or litters provides access
to floors other than ground floor levels.
F.
The Board of Supervisors may set such conditions as deemed necessary
beyond state requirements for fire safety.
G.
Adequate measures shall be taken to comply with other Township ordinances.
H.
Hospitals are only permitted on lots that have a minimum size of
10 acres.
I.
The outside storage of gases shall be limited to areas inaccessible
and secured by the construction of fences.
J.
The location of hospital access points shall be properly suited for
the safe operation of emergency vehicles.
K.
Suitable areas shall be provided for trash storage, which shall be
designed so as not to be visible from a public street. The trash storage
areas must allow for the safe and easy removal of trash.
L.
Notwithstanding other general height restrictions in this Chapter,
Hospitals shall be permitted to be a height of up to 60 feet in the
C-1, C-2, and C-3 Zoning Districts if specifically approved by the
Board of Supervisors in the conditional use decision.
M.
The Board of Supervisors may attach reasonable conditions to its
conditional use decision that are consistent with the intent and purpose
of this chapter and all other applicable Coolbaugh Township ordinances.
Industrial wastewater treatment facilities and water withdrawal facilities (referred to as "facilities") shall be allowed only in those districts as specified in the Schedule of Uses. In addition to the performance standards in § 400-49 and all other applicable standards of this chapter, the requirements of this section shall apply.
A.
Requirements for industrial wastewater treatment facilities. Industrial
wastewater treatment facilities shall comply with the following requirements:
(1)
Setbacks. The following setbacks shall be maintained for the facilities and any truck parking or staging areas. Ancillary facilities such as offices, employee parking, and accessory structures shall comply with the buffer requirements in Subsection B.
(a)
Property lines, road rights-of-way. Two hundred feet to adjoining
properties and public road rights-of-way.
(b)
Residential structures. Three hundred feet to any existing residential
structure not located on the project parcel.
(c)
Water bodies. Two hundred feet to any body of water, perennial
or intermittent stream, or wetland. This shall not apply to any required
discharge or intake structures or facilities at the receiving stream
or water supply.
(2)
Buffer.
(a)
An undisturbed area of not less than 50 feet in width shall
be maintained along all property lines and road rights-of-way to provide
a buffer and shall not be used for parking, storage or any other purpose
except landscaping and crossing of access roads and required utilities
and discharge/intake lines. In determining the type and extent of
the buffer required, the Township shall take into consideration the
design of the project structure(s) and site, topographic features
which may provide natural buffering, existing natural vegetation,
and the relationship of the proposed project to adjoining areas.
(b)
Any required landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 25 feet wide.
(c)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
(d)
It shall be the responsibility of the applicant and/or operator
to maintain all buffers in good condition, free of rubbish, and replace
any dying or dead plants or deteriorating landscape material.
(3)
Conditions of approval. If the Township determines that the standards in § 400-49 are not adequate, the Board of Supervisors shall attach such other conditions deemed necessary to protect the public health, safety and welfare. Such conditions imposed by the Board of Supervisors may be related to increased setbacks, security fencing, hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.
B.
Requirements for industrial wastewater treatment facilities and water
withdrawal facilities.
(1)
Parking and staging areas. Adequate vehicle parking and staging areas
for all facilities shall be provided on site to prevent parking or
staging on any public road right-of-way.
(2)
Local, state and federal regulations. The facilities shall comply
with all applicable local, state and federal laws and rules and regulations.
No zoning permit shall be issued until such time as the applicant
provides evidence of compliance with state and federal regulations.
(3)
Informational requirements.
(a)
Application information. The applicant and/or operator for all facilities shall provide the information required by this Subsection B, all other application information required by this chapter, and all other necessary information to enable the Township to determine compliance with this chapter.
(b)
DEP/DRBC application information. A copy of all applications
and information required by the applicable Pennsylvania Department
of Environmental Protection (DEP) Rules and Regulations and the Delaware
River Basin Commission (DRBC).
(c)
Access routes; road conditions. The applicant shall provide
a map showing the public roads in the Township proposed to be used
to access the facility and provide an evaluation of the condition
of any Township road which will be used and the potential damage which
may occur from such use and how damage to public roads adjacent to
the site will be addressed. The applicant shall also comply with the
Township road bonding requirements.
(4)
Reporting requirements. For any facility approved by the Township,
the operator shall submit to the Township copies of all documents
and reports associated with the operation which are required or issued
by PA DEP or DRBC within 15 days of the submission/receipt of the
document or report.
Junkyards shall, in addition to all other applicable regulations,
comply with the following requirements:
A.
Parcel size and setbacks.
(1)
Parcel size. Junkyards shall not be less than two acres in area nor
exceed five acres in area.
(2)
Setbacks. All junkyards shall maintain a setback of not less than
50 feet from any public road right-of-way unless state or federal
regulations require a greater setback, 50 feet from property lines,
and 250 feet from any residential district or any property the use
of which is principally residential.
(3)
Body of water, stream, wetland, or well setback. No junkyard shall
be located closer than 200 feet to any body of water, stream, wetland,
or well.
B.
Access. There shall be a minimum of two exterior points of entry
to the junkyard, one specifically limited to the use of emergency
vehicles.
C.
Fence. All junkyards shall be completely enclosed by a chain-link
fence not less than 10 feet in height not less than 10 feet from any
public road right-of-way and property lines. Evergreen trees five
to six feet in height shall be placed on twelve-foot centers immediately
outside the fence. The fence and gate shall be maintained in such
a manner as not become unsightly. There shall be not advertising of
any kind placed on the fence. Junk shall not be stacked so as to protrude
above the fence. It is further provided that the foregoing fencing
provisions shall be applicable only to that portion of the premises
being immediately used for the storage of junk and shall not be applicable
to the balance of the property owned or used by said junkyard operator
so long as said remaining portion or land is not being used of the
storage of junk as defined in this chapter.
D.
Buffer. All junkyards shall be screened from view from all adjoining properties and any public right-of-way and natural vegetative cover shall be maintained in all required setbacks. Vegetative plantings of sufficient density or fencing of such design to effect the required screening may be used. In any case, a buffer not less than 20 feet wide shall be required in accord with § 400-49B.
E.
Dumping prohibited. The area used for a junkyard shall not be used
as a dump area for trash or garbage.
F.
Burning prohibited. No burning whatsoever shall be permitted on the
premises.
G.
Hazardous materials. To further protect groundwater and surface water
all batteries, coolants, gasoline diesel fuel, engine oil, Freon any
other petroleum products and any other noxious or potentially contaminating
materials shall be removed from all junk within two working days after
arrival to the premises and shall be disposed in a manner meeting
all state and federal requirements. Such liquids and materials while
stored on the premises shall be kept separately in leakproof containers
at a central location on the premises.
H.
Water monitoring. The owner of any junkyard shall be required to
monitor the ground and surface water in the vicinity of the junkyard.
Water testing shall be conducted every three month on any stream located
on the premises or any stream within 500 feet of any area used for
the storage of junk if water drainage from the junkyard area is to
said stream. For each testing period, two samples shall be collected;
one sample shall be taken from upstream of the junkyard drainage area
and one sample shall be taken from the stream at a point below the
junkyard drainage area. In addition, the well located on the premises
shall also be sampled every three months. The samples shall be analyzed
by a certified water analysis laboratory for hydrocarbons or other
parameters deemed appropriate by the Board of Supervisors, and if
said samples exceed the limits established by the Board of Supervisors,
and if said samples exceeding the limits established by the Pennsylvania
Department of Environmental Protection, the junkyard shall cease operation
until such time as the source of the contamination has been identified
and corrected. Tests results shall be submitted to the Township by
the certified laboratory.
I.
Fire lanes. Fire lanes of a minimum width of 20 feet shall be maintained
so that no area of junk shall span a distance of more than 50 feet.
K.
Hours of operation. Any activity associated with the operation of
a junkyard that produces any noise audible beyond the property line
shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m.
and not on Sundays. During business hours, an adult attendant shall,
at all times, remain on the premises.
L.
Height. No junk shall be stacked or piled to a height of greater
than 12 feet.
M.
Storage. Paper, rags, plastic materials, garbage, organic waste and
other rubbish shall not be stored outside and shall not be accumulated
or remain on any premises for more than one month.
N.
Tires. Tires shall not be stored or stockpiled in any junkyard.
O.
Public nuisance. 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, and shall not constitute a
nuisance due to hours of operation, noise, light or litter, the generation
of dust, smoke or other pollutants, or the accumulation of stagnant
water.
P.
Lock and door removal. Locks shall be removed from junk or abandoned
vehicles and doors shall be removed from freezers and similar items
to prevent entrapment of children.
Q.
Subdivision and Land Development Ordinance. Applications for permits for junkyards, in addition to meeting the requirements of this chapter for permits, shall follow the place submission and approval process established by Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh for land developments and major subdivisions.
R.
Financial guarantees. Certain financial guarantees may be required
from the owner/operator to insure the proper operation, maintenance
and/or dissolution of the junkyard.
The standards in this section shall apply to new large retail
establishments or any combination of retail establishments in a single
building (or multiple buildings developed as a shopping center or
plaza) occupying more than 100,000 gross square feet of lot area or
any addition to an existing large retail establishment.
A.
Facades. Any facades greater than 100 feet in length which abuts
a public street shall incorporate two-foot recesses and two-foot projections
along at least 20% of the length of the facade. Windows, awnings,
and arcades shall total at least 60% of the length of the public entrance
facade. (For the purposes of this section, "arcade" shall mean a continuous
passageway parallel to and open to a street, open space, or building,
usually covered by a canopy or permanent roofing, and accessible and
open to the public.)
B.
Parapets. Parapets shall be provided to conceal flat roofs and rooftop
equipment.
C.
Customer entrance. Each principal building shall have a clearly defined,
highly visible customer entrance with features such as canopies or
porticos, arcades, arches, wing walls, and integral planters. Public
entrance facades shall incorporate at least two of the following features:
overhanging eaves, sloped roofs, or three or more roof slope planes.
Smaller retail stores that are part of a larger principal building
shall have display windows and separate outside entrances.
D.
Building material. Predominant exterior building materials shall
be of brick, wood, sandstone, other native stone, and tinted/textured
concrete masonry. Smooth-faced concrete block, tilt-up concrete panels,
or prefabricated steel panels shall be prohibited as the predominant
exterior building material.
E.
Support facilities. Loading docks, trash collection, outdoor storage
and similar facilities and functions shall be incorporated into the
overall design of the building and the landscaping so that the visual
and acoustic impacts of these functions are minimized and out of view
from adjacent properties and public streets.
F.
Sidewalks. Sidewalks shall be provided along the full length of the
building along any facade featuring a customer entrance and along
any facade abutting public parking areas. Such sidewalks shall be
located at least six feet from the facade of the building to provide
planting beds for foundation landscaping.
G.
Security. Security cameras shall be provided and shall be monitored
for all exterior areas associated with any large retail establishment.
H.
Trailers/storage. The parking of trailers or use of containers for
storage shall only be permitted at a location which is approved as
part of the zoning application, and additional setbacks, screening
and/or buffers may be required.
In addition to other applicable standards of this chapter, this
section shall apply to mineral extraction operations.
A.
Findings. The Pennsylvania Municipalities Planning Code[1] clearly recognizes mineral extraction as a lawful use.
Along with other community effects, such uses can have impacts on
water supply sources and are governed by state statutes that specify
replacement and restoration of affected water supplies. Planning Code
Section 603(i)[2] states that zoning ordinances shall provide for the reasonable
development of minerals in each municipality. The code definition
of "minerals" is: "Any aggregate or mass of mineral matter, whether
or no coherent. The term includes, but is not limited to, limestone
and dolomite, sand and gravel, rock and stone, earth, fill, slag,
iron ore, zinc ore, vermiculite and clay, anthracite and bituminous
coal, coal refuse, peat and crude oil and natural gas." The code,
at Section 603(b),[3] allows zoning ordinances to regulate mineral extraction,
but only to the extent that such uses are not regulated by the state
Surface Mining Conservation and Reclamation Act,[4] the Noncoal Surface Mining Conservation and Reclamation
Act,[5] and the Oil and Gas Act.[6]
B.
Intent. The intent of this section is to ensure the Township is supplied
with all necessary information for making an informed decision about
the proposed mineral extraction and, in the case of conditional uses,
to establish the foundation for any conditions required to protect
the public health, safety and general welfare.
C.
Use classification; mineral processing a separate use.
(1)
Use classification. Mineral extraction shall be allowed only in those
districts as listed in the Schedule of Uses.
(2)
Mineral processing. (See also § 400-80.)
(a)
Separate and distinct use; conditional use in specified district.
Any use which involves the refinement of minerals by the removal of
impurities, reduction in size, transformation in state, or other means
to specifications for sale or use, and the use of minerals in any
manufacturing process such as, but not limited to, concrete or cement
batching plants, asphalt plants and manufacture of concrete and clay
products, shall be considered mineral processing, a separate and distinct
use regulated by this chapter.
(b)
Incidental with extraction operation. This shall not preclude
the incidental screening, washing, crushing and grading of materials
originating on the site as part of a mineral extraction operation.
D.
Standards. In addition to the performance standards in § 400-49 and all other applicable standards of this chapter which are not preempted by state statute, mineral extraction shall comply with the following:
(1)
Setback. A setback of 100 feet shall be maintained between any disturbed
area associated with any mineral extraction operation and adjoining
properties and public road rights-of-way.
(2)
Undisturbed buffer. The required setback areas shall be undisturbed
to provide a buffer and shall not be used for parking, storage or
any other purpose associated with the operation, except landscaping
and crossing of access roads.
(3)
Conditional use buffers. In determining the type and extent of the
buffer required for conditional uses, the Township shall take into
consideration the design of any project activities and/or structure(s)
and site, topographic features which may provide natural buffering,
existing natural vegetation, and the relationship of the proposed
project to adjoining areas.
(a)
If required, the landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 20 feet wide.
(b)
Buffers shall be designed in accord with § 400-49B of this chapter and the design details shall be included on the site plan. Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
(c)
It shall be the responsibility of the applicant and/or operator
to maintain all buffers in good condition, free of rubbish, and replace
any dying or dead plants or deteriorating landscape material.
(4)
Access routes; road conditions. The applicant shall provide a map
showing the public roads in the Township proposed to be used to access
the operation and provide an evaluation of the condition of any Township
road which will be used and the potential damage which may occur from
such use.
(5)
Conditions of approval. If the Township determines that the standards in § 400-49 which are not preempted are not adequate for a conditional use, the Board of Supervisors shall attach such other conditions deemed necessary to protect the public health, safety and welfare, provided the conditions do not include requirements which are preempted by state statute. Such conditions imposed by the Board of Supervisors may be related to hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.
E.
Local, state and federal regulations. Mineral extraction shall comply
with all applicable local, state and federal laws and rules and regulations.
No zoning permit shall be issued until such time as the applicant
provides evidence of compliance with state and federal regulations.
Applicable laws and rules and regulations include, but are not limited
to the Noncoal Surface Mining Conservation and Reclamation Act[7] and the Clean Streams Law.[8]
F.
Information requirements. The applicant shall provide the information required by this Subsection F and all other necessary information to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval in accord with § 400-127D of this chapter and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.[9] The applicant shall provide the following:
(1)
Application information. The information required by this section,
all required application information, and all other necessary information
to enable the Township to assess compliance with this chapter.
(2)
Additional information. The Township may require the applicant to submit details about ground and surface water protection (See § 400-49L.) and an environmental and community assessment.
(3)
DEP application information. A copy of all applications and information
required by the applicable Pennsylvania Department of Environmental
Protection Rules (DEP) Rules and Regulations.
(4)
Emergency response. The applicant shall develop an emergency preparedness,
prevention and control plan in accord with state and federal requirements
and generally accepted practice and submit the plan for review and
comment by the Township.
[9]
Editor's Note: See 53 P.S. § 10603(c)(2).
G.
Reporting requirements. For any mineral extraction operation approved
by the Township, the operator shall submit to the Township copies
of all DEP-required or DEP-issued documents and reports associated
with the operation, within 15 days of the date of the document or
report.
H.
Expansion of nonconforming mineral extraction operations. Mineral
extraction operations which are nonconforming by location in a zoning
district where such operations are not allowed by the Schedule of
Uses may expand to the limits of the DEP permit in effect at the time
the operation became nonconforming. Any such expansion shall comply
with the requirements of this section.
In addition to the performance standards in § 400-49 and all other applicable standards of this chapter, the requirements of this section shall apply.
A.
Location requirements. Mineral processing operations shall comply
with the following location requirements:
(1)
Setbacks. The following setbacks shall be maintained for any mineral
processing operation:
(a)
Property lines, road rights-of-way. Two hundred feet to adjoining
properties and public road rights-of-way.
(b)
Residential structures. Three hundred feet to any existing residential
structure not located on the project parcel.
(c)
Water bodies. Two hundred feet to any body of water, perennial
or intermittent stream, or wetland.
(2)
Buffer.
(a)
An undisturbed area of not less than 50 feet in width shall
be maintained along all property lines and road rights-of-way to provide
a buffer and shall not be used for parking, storage or any other purpose
except landscaping and crossing of access roads. In determining the
type and extent of the buffer required, the Township shall take into
consideration the design of the project structure(s) and site, topographic
features which may provide natural buffering, existing natural vegetation,
and the relationship of the proposed project to adjoining areas.
(b)
Any required landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 20 feet wide.
(c)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
(d)
It shall be the responsibility of the property owner to maintain
all buffers in good condition, free of rubbish, and replace any dying
or dead plants or deteriorating landscape material.
B.
Local, state and federal regulations. All operations shall comply
with all applicable local, state and federal laws and rules and regulations.
No zoning permit shall be issued until such time as the applicant
provides evidence of compliance with state and federal regulations.
C.
Information requirements. The applicant shall provide the information required by this Subsection C and all other necessary information to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval in accord with § 400-127D of this chapter and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.[1] The applicant shall provide the following:
(1)
Application information. The information required by this section,
all required application information, and all other necessary information
to enable the Township to assess compliance with this chapter.
(2)
Additional information. The Township may require the applicant to submit details about ground and surface water protection (See § 400-49L.) and an environmental and community assessment.
(3)
DEP application information. A copy of all applications and information
required by the applicable Pennsylvania Department of Environmental
Protection Rules (DEP) Rules and Regulations.
(4)
Emergency response. The applicant shall develop an emergency preparedness,
prevention and control plan in accord with state and federal requirements
and generally accepted practice and submit the plan for review and
comment by the Township.
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
D.
Reporting requirements. For any mineral processing operation approved
by the Township, the operator shall submit to the Township copies
of all DEP-required or DEP-issued documents and reports associated
with the operation, within 15 days of the date of the document or
report.
A.
Model homes. In addition to all other applicable requirements, model
homes shall conform to the following requirements:
(1)
Conformance. The lot and structures shall conform with all requirements as set forth in Article IV.
(2)
Commercial activity. Commercial activity conducted within the model
house and upon the lot shall be limited to the promotion and conduct
of the builder's residential construction business.
(3)
Indoor storage only. No construction materials, products or equipment
may be displayed or stored except within any principal or accessory
building.
(4)
Occupancy permit. The occupancy permit for the limited commercial
activity shall be valid for a period of five years from the date of
issuance and may be renewed, upon application, for an additional two
years; thereafter, the limited commercial activity shall cease and
the use shall revert to a single-family residence. Only one such occupancy
permit for the limited commercial activity may be issued to each builder
and/or developer in any single development or separately approved
phase.
B.
Development sales offices. In addition to all other applicable requirements,
development sales offices shall conform to the following requirements:
(1)
Commercial activity. Commercial activities conducted within the sales
office and upon the development shall be limited to offerings within
the development only.
(2)
Conformance. The lot and structure shall conform with all requirements as set forth in Article IV.
(3)
Indoor storage only. No construction materials, products or equipment
may be displayed or stored except within any principal or accessory
building.
(4)
Occupancy permit. The occupancy permit for the limited commercial
activity shall be valid for a period of five years from the date of
issuance and may be renewed, upon application, for a successive five-year
period; thereafter, the limited commercial activity shall cease and
the use shall revert either to a single-family residence or to a development
amenity. Only one such occupancy permit for the limited commercial
activity may be issued to any developer in any single development
or separately approved phase.
C.
Sample homes. In addition to all other applicable requirements, sample
homes shall conform to the following requirements:
(1)
Procedures. The placement of a sample home in association with a principal permitted commercial use shall be considered a land development and shall comply with the requirements of Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh.
(2)
Zoning permit. A zoning permit is required for the placement of a
sample home. The permit shall be issued only upon the completion of
the land development approval process and an inspection by the Zoning
Officer to confirm compliance with all required standards. If the
sample home is found to be in violation of any required standards,
the license shall be revoked until compliance is achieved. The zoning
permit shall be valid for one year and shall not be renewed more than
three times.
(3)
Certificate of occupancy; sewage permits. No certificate of occupancy
or sewage permits shall be issued for a sample home.
(4)
Standards.
(a)
Sample homes shall be permitted only on the same lot with a
permitted principal commercial use.
(b)
Sample homes shall not be placed upon permanent foundations.
(c)
Sample homes shall comply with the setback and height requirement
for principal structures and shall be included in the maximum to converge
calculations.
(d)
Sample homes shall not be served by any water supply or sewage
disposal facilities.
In addition to all other applicable requirements, the following
standards shall apply to parks and playgrounds:
A.
Lot size. A minimum lot size of five acres shall be required.
C.
Private facilities. Parks, playgrounds, picnic areas and athletic
areas proposed as accessory uses for private and exclusive use of
individual residential lot owners, residential development residents
or owners and employees of businesses are permitted in any zoning
district and are subject only to the requirements for accessory uses
and the general regulations as set forth in this chapter.
Planned business centers permitted as a conditional use in the
I Industrial District in accord with the following specific standards
and criteria and other applicable requirements:
A.
Parcel size. Planned business centers shall consist of one or more
contiguous parcels or lots under single ownership and control, either
legal or equitable, containing not less than 200 acres ("parent tract").
B.
Allowed uses. A planned business center may contain any arrangement of the following permitted, accessory, special exception or conditional uses, subject to the performance standards contained in this chapter; provided, however, that the total area occupied by any of the permitted uses identified in Subsection B(1)(b), (c), (d), (e), (f) and (g) below, including required parking for those uses, shall not exceed 15% of the total area of the parent tract.
(1)
Permitted uses.
(a)
All uses identified as permitted uses in the Industrial District
Schedule of Uses.
(b)
Retail business establishments selling food, beverages, drugs,
cigars, candy, newspapers, books and stationery, dry goods, hardware,
paint, variety goods, household goods and appliances, flowers, package
liquor, garden supplies, lumber and other building materials, automobiles,
farm machinery, boats, recreational vehicles, trailers, commercial
and industrial machinery, specialty and gift items.
(c)
Service establishments, including barber and beauty shops, tailor
shops, eating and drinking establishments, banks and financial institutions,
insurance and/or real estate offices, equipment rentals, automobile
rentals, establishments for laundering and dry cleaning of clothes.
(d)
Professional or government offices and buildings.
(e)
Park-and-ride facilities (bus or rail).
(f)
Hotels or motels.
(g)
Convenience store(s), with or without a retail gasoline component.
(2)
Permitted accessory uses. All uses identified as permitted accessory
uses in the Industrial District Schedule of Uses[1] shall be permitted accessory uses on the same lot with
the permitted principal use.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
(3)
Special exceptions. All uses identified as special exceptions in
the Industrial District Schedule of Uses.
(4)
Conditional uses. All uses identified as conditional uses in the
Industrial District Schedule of Uses.
C.
Water and sewer. Unless otherwise permitted by the Board of Supervisors,
all planned business center uses must be served by a central, community
or public water system and a central, community or public sewage disposal
system.
D.
Lot coverage. The maximum lot coverage of the parent tract shall
be 60%; however, the parent tract may be subdivided into lots with
individual lot coverages not to exceed 75%, provided that the 60%
maximum lot coverage of the parent tract is preserved by deed restriction
or other covenant to the satisfaction of the Township.
In addition to all other applicable requirements, the following
standards shall apply to saw and planing mills. Any mill must be located
at least:
Self-storage facilities shall comply with the following standards
in addition to all other applicable standards:
A.
District requirements. The facility shall comply with the normal
setback, lot coverage and building height standards for the district.
B.
Fence. The self-storage facility shall be surrounded by a fence of
such height and design as to restrict access to the self-storage facility,
and said fence shall not be less than eight feet in height and shall
be located between the self-storage facility and any required buffer.
C.
Use. A self-storage facility shall be used only for storage and shall
not be used for, including, but not limited to:
(1)
Any other commercial, light manufacturing, or industrial use.
(2)
The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances, or other similar equipment.
(3)
Human habitation.
(4)
The keeping or kenneling of animals.
(5)
The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns or similar equipment.
(6)
The storage of flammable or hazardous chemicals, perishable food
stuffs, living organisms, explosives or similar substances.
D.
Outdoor storage. No material, supplies, equipment or goods of any
kind shall be stored outside of the self-storage facility structures,
with the exception of the vehicles required for the operation of the
self-storage facility or the storage of boats or vehicles as shown
on an approved plan.
E.
Storage in setback areas. No storage shall be permitted in any required
setback area.
This section is intended to provide minimum standards to regulate
commercial outdoor shooting ranges and commercial outdoor archery
ranges (hereinafter referred to as "ranges") in order to protect neighboring
property owners and the public at large from dangers of wild or ricocheting
projectiles and from excessive noise and other nuisances.
A.
Setbacks.
(1)
Outdoor shooting ranges. All outdoor shooting ranges shall be situated
not less than 500 feet from any property line and not less than 2,500
feet from any principal residential or principal nonresidential building
existing on the effective date of this section. This shall not apply
to structures on the same parcel as the shooting range.
(2)
Outdoor archery ranges. All outdoor archery ranges shall be situated
not less than 200 feet from any property line and not less than 300
feet from any principal residential or principal nonresidential building
existing on the effective date of this section. This shall not apply
to structures on the same parcel as the shooting range.
B.
Safety design. All ranges shall be designed and constructed with
safety facilities to prevent accidental wild or ricocheting projectiles
and stray arrows, and the Township may require such additional safety
features deemed necessary to meet the intent of this section. Such
features may include but not be limited to increased setbacks, earthen
berms and setbacks, range orientation, and a limitation of hours of
operation.
C.
Noise reduction. All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of § 400-49G of this chapter unless more restrictive standards are required by the Township as a condition of approval.
D.
Hours of operation. No firearm shall be discharged outdoors between
sunset and 8:00 a.m. However, the Township may establish more restrictive
time limits as a condition of approval.
E.
Fence. Security fencing may be required by the Township of such extent
and design to restrict accidental access to any range.
F.
Posting. A three-hundred-foot perimeter around any outdoor range
shall be posted with warning signs to adequately inform anyone entering
the area.
G.
NRA, state and federal regulations. The applicant shall provide evidence
of compliance with any applicable National Rifle Association guidelines
and state and federal regulations.
In addition to all other applicable standards in this chapter,
the following regulations shall apply to commercial solar power generation
facilities which shall be permitted only in the districts as provided
by the Schedule of Uses.[1]
A.
Purposes. To accommodate the need for solar power facilities while
regulating their location and number in the Township in recognition
of the need to protect the public health, safety and welfare.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every solar power facility
installed in the Township.
(2)
Associated use. All other uses ancillary to the solar power facility
(including a business office, maintenance depot, etc., greater than
1,000 square feet) are prohibited from the solar power facility, unless
otherwise permitted in the zoning district in which the solar power
facility is located. This shall not prohibit the installation as accessory
structures of equipment containers not intended for human occupancy
to house only equipment necessary for the operation of the solar power
facility.
(3)
Solar power facility as a second principal use. A solar power facility
shall be permitted on a property with an existing use, subject to
the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the solar power facility shall apply, and the
land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed solar power facility and that vehicular access
is provided to the solar power facility.
C.
Standards and design.
(1)
Height. Solar collectors shall not exceed the principal structure
height limitations for the underlying zoning district.
(2)
Parcel size; setbacks; lot coverage.
(a)
The parcel shall be of such size that all required setbacks
are satisfied.
(b)
The setback for solar collectors, all structures, equipment
containers and any associated mechanical facilities shall be 100 feet
from property lines.
(c)
The maximum lot coverage shall be 75% and the area of the solar
collectors shall be included in the calculation of lot coverage.
(3)
Fencing. A fence may be required around the facility or portions
of the facility for safety reasons.
(4)
Landscaping. Landscaping may be required to screen as much of the
solar power facility ground features as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general buffer the solar power facility ground
features from neighboring properties. The Township may permit any
combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if the same achieves
the same degree of screening as the required landscaping.
(5)
Licenses; other regulations; insurance. The applicant shall demonstrate
that it has obtained the required licenses from governing state and
federal agencies, and agreement from the local electric utility. The
applicant shall also document compliance with all applicable state
and federal regulations. The applicant shall submit the name, address
and emergency telephone number for the operator of the solar power
facility; and a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the solar power facility.
(6)
Access; required parking. Access to the solar power facility shall
be provided by means of a public street or easement to a public street.
The easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet with a gravel or better surface for
its entire length. If the solar power facility site is fully automated,
adequate parking shall be required for maintenance workers.
(7)
Communications interference. The applicant shall document that the
radio, television, telephone or reception of similar signals for nearby
properties shall not be disturbed or diminished, and this may be accomplished
by remedial measures instituted by the solar power facility developer.
(8)
Glare. The applicant shall provide details about anticipated glare
from the facility, including the time of day, time of year and direction
of peak glare periods and document how potential nuisances to area
properties and on public roads shall be controlled.
(9)
Historic structures. A solar power facility shall not be located
within 500 feet of any structure listed on any public historic register.
(10)
Standards; certification. The design of the solar power facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters Laboratories or other similar certifying organizations.
The operator shall repair, maintain and replace the solar collectors
and associated equipment in like manner as needed to keep the facility
in good repair and operating condition.
(12)
Electrical components. All electrical components of the solar
power facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(13)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(14)
Signs. No advertising material or signs other than warning,
manufacturer and equipment information or indication of ownership
shall be allowed on any equipment of structures.
(15)
Transmission and power lines. On-site transmission and power
lines shall, to the greatest extent possible, be placed underground.
(16)
Stray voltage/electromagnetic fields (EMF). The operator shall
use good industry practices to minimize the impact, if any, of stray
voltage and/or EMF.
(17)
Emergency services. The applicant shall provide details about
any fire-suppression system installed in any accessory structure or
equipment container associated with the solar power facility. Upon
request, the applicant shall cooperate with emergency services to
develop and coordinate implementation of an emergency response plan
for the solar power facility.
(18)
Site plan. A full site plan shall be required for all solar
power facility sites, showing the solar power facility, fencing, screening,
buffers, access, and all other items required by this chapter.
D.
Public inquiries and complaints. The solar power facility owner and
operator shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project, and the solar power facility owner and operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
E.
Decommissioning.
(1)
Time limit. The solar power facility owner and operator shall, at
its own expense, complete decommissioning of the solar power facility,
or individual components, within 12 months after the end of the useful
life of the solar power facility or individual components. The solar
power facility or individual components shall be presumed to be at
the end of its useful life if no electricity is generated for a continuous
period of 12 months.
(2)
Depth requirement. Decommissioning shall include removal of collectors,
buildings, cabling, electrical components, roads, foundations to a
depth of 36 inches, and any other associated facilities.
(3)
Disturbed earth. Disturbed earth shall be graded and re-seeded, unless
the landowner requests in writing that the access roads or other land
surface areas not be restored.
(4)
Professional engineer. An independent and certified professional
engineer shall be retained to estimate the total cost of decommissioning
(decommissioning costs) without regard to salvage value of the equipment,
and the cost of decommissioning net salvage value of the equipment
(net decommissioning costs). Said estimates shall be submitted to
the Township after the first year of operation and every fifth year
thereafter.
(5)
Financial security bond. The solar power facility owner or operator,
prior to the issuance of a zoning permit, shall provide a financial
security bond with the Township as payee in an amount approved by
the Board of Supervisors, but not less than $50,000, from a company
and in a form and content acceptable to the Board of Supervisors,
to insure the decommissioning within 180 days of the expiration of
the license or lease and/or cessation of use. The bond shall remain
in place for as long as the facilities exist at the site.
(6)
Funds. Decommissioning funds may be in the form of a performance
bond, surety bond, letter of credit, corporate guarantee or other
form of financial assurance as may be acceptable to the Township.
(7)
Landowner responsibility. If the solar power facility owner or operator
fails to complete decommissioning within the prescribed time period,
then the landowner shall have 180 days to complete decommissioning.
(8)
Township intervention. If neither the solar power facility owner
or operator, nor the landowner complete decommissioning within the
prescribed periods, then the Township may take such measures as necessary
to complete decommissioning. The entry into the record and submission
of evidence of a participating landowner agreement to the Township
shall constitute agreement and consent of the parties to the agreement,
their respective heirs, successors and assigns that the Township may
take such action as necessary to implement the decommissioning plan.
(9)
Release of decommissioning funds. The escrow agent shall release
the decommissioning funds when the solar power facility owner or operator
has demonstrated and the Township concurs that decommissioning has
been satisfactorily completed, or upon written approval of the Township
in order to implement the decommissioning plan.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
A.
Intent. The intent of this section is to minimize the effects of
solid waste facilities on the environment, the community and the public
health, safety and general welfare by:
(1)
Controlling the location of facilities and establishing setbacks
to minimize dispersal of material, provide adequate open space, minimize
odors and limit the spread of vermin.
(2)
Requiring fencing and buffers to prevent the dispersal of material
and minimize odors.
(3)
Establish baseline testing and water quality safeguards to limit
the leaching of any liquids into surface and groundwater and minimize
air and soil pollution.
(4)
Establishing reporting procedures to ensure the proper operation
and maintenance of the facility.
B.
Compliance; application.
(1)
Compliance.
(a)
Solid waste facilities, including transfer stations, and staging
areas, herein referred to as "facilities," shall, in addition to the
other applicable standards in this chapter, be subject to all applicable
state and federal regulations and the requirements of this section.
(b)
Where a difference exists between applicable state regulations
and Township regulations, it is intended for the purposes of this
section that the more stringent requirements shall apply.
(2)
Application. In addition to the application requirements of this
chapter, the facility application shall include copies of all information,
documents, plans and reports required by PA DEP.
C.
Setbacks and buffers.
(1)
Setbacks. The facility shall comply with PA DEP requirements, but
in no case shall any facility be operated less than:
(a)
Two hundred fifty feet from a public or private right-of-way
or property line.
(b)
Seven hundred fifty feet from any occupied principal building
unless the owner of the building has provided a written waiver consenting
to the facility being closer than 750 feet. A waiver shall be knowingly
made and separate from a lease or deed unless the lease or deed contains
an explicit waiver from the owner. A closed landfill that submits
an application to reopen and expand shall also be subject to this
requirement.
D.
Fencing. All facilities shall be completely enclosed by a chain-link
fence not less than 10 feet in height. All gates shall be closed and
locked when closed for business. The fence and gate shall be maintained
in such a manner as not to become unsightly. There shall be no advertising
of any kind placed on the fence.
E.
Environmental and community assessment. As part of the application process, the Township may require the applicant to prepare and submit an environmental and community assessment pursuant to § 400-51 of this chapter.
F.
Storage and loading/unloading. Storage of materials, supplies or
solid waste in motor vehicles, truck trailers or other containers
normally used to transport materials shall not be permitted. Any solid
waste stored for more than three hours shall be stored in an enclosed
building. For any facility other than a sanitary landfill, all transfer,
loading and unloading of solid waste shall only occur within an enclosed
building with negative pressure, and over an impervious surface which
drains into a holding tank that is then adequately treated.
G.
Effluent treatment. The facility shall provide for treatment and
disposal for all liquid effluent and discharges generated by the facility
due to the storage, loading or unloading, transfer, container or vehicle
washing, or other activity undertaken in processing or transporting
the solid waste. All such activities shall be conducted only over
an impervious surface and all drainage shall be collected for treatment.
Any water discharge from the facility after being treated by the wastewater
treatment system shall meet all applicable Department of Environmental
Protection regulations and Sewer Authority requirements.
H.
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be disposed of or stored or processed
in any way, except for types and amounts of hazardous substances customarily
kept in a commercial business for on-site use. Infectious materials
are defined as medical wastes used or created in the treatment of
persons or animals with seriously contagious diseases.
I.
Emergency access. The operator of the facility shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided and maintained.
J.
Hours of operation. Under the authority granted to the Township under
State Act 101 of 1988,[1] all such uses shall be permitted to operate only between
the hours of 7:00 a.m. to 7:00 p.m. and are not permitted to operate
on Sundays, Christmas Eve, Christmas Day, New Year's Day, Memorial
Day, 4th of July, Labor Day, or Thanksgiving Day. All deliveries of
solid waste shall be made during the hours between 7:00 a.m. to 5:00
p.m. and not on Sundays or the above specified holidays.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
K.
Nuisances. Any facility shall be operated in such a manner to prevent
the attraction, harborage or breeding of insects, rodents or vectors.
The applicant shall prove to the satisfaction of the Township that
the use would not routinely create noxious odors off of the tract.
The operator shall regularly police the area of the facility and surrounding
street to collect litter that may escape from the facility or truck.
The applicant shall provide documentation to the satisfaction of the
Township that proposed facility shall operate in such a manner as
to not create a general nuisance, endanger the public health, safety
and welfare or inhibit the public's use or enjoyment of their property.
L.
Attendant and inspections. An attendant shall be present during all
periods of operation or dumping. The applicant shall, if granted a
permit, allow access at any time to the facility for inspection by
appropriate Township officials and provide the Township with the name
and phone number of a responsible person(s) to be contacted at any
time in the event of an inspection.
M.
Traffic study. The applicant shall provide a traffic study in accord with § 400-54 of this chapter.
N.
O&M and reporting.
(1)
O&M. The operation and maintenance of the facility shall comply
with all applicable state and federal regulations as a condition of
the continuance of any permit issued by the Township. Violations of
this condition shall also be considered to be violations of this chapter.
(2)
Reporting. If the facility is approved by the Township, the operator
shall concurrently submit to the Township a copy of all information,
documents, plans and reports required by PA DEP, and shall forward
to the Township a copy of all correspondence, notices and documents
received from DEP which are related to the ongoing operation, maintenance
and compliance of the facility.
Temporary carnivals or fairs are a permitted use in all districts,
provided the following specific requirements are met:
A.
All temporary or permanent structures shall be constructed and located
in accord with the Schedule of Development Standards.[1]
[1]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.
B.
Points of vehicular ingress and egress shall be designed to minimize
congestion and hazards and to allow free movement of vehicular and
pedestrian traffic on adjacent roads.
C.
Exterior lighting shall be directed away from all adjacent properties
and roads and shall be sufficient for the safe movement of vehicular
and pedestrian traffic.
D.
If the area of the proposed activity adjoins an existing residence(s),
adequate screening, either temporary or permanent, shall be placed
to protect the occupants of the residence(s) from excessive noise.
In lieu of the above mentioned screening, a notarized letter from
the occupants of the affected residence(s) may be submitted. The letter
shall state their approval and acceptance of any temporary excessive
noise conditions.
E.
The duration of the temporary activity shall not exceed nine days.
Vehicle related uses shall, in addition to all other applicable
standards, comply with the standards in this section.
A.
Car and truck wash facilities. In addition to all other applicable
standards, all automatic car and truck wash facilities shall be subject
to the following specific regulations and requirements:
(1)
Water handling. Appropriate facilities for the handling of wastewater
from the washing activities shall be provided, including, but not
limited to, the prevention of water being dripped onto the adjoining
road or street from freshly washed vehicles during periods of freezing
weather.
(2)
Queuing area. The site shall be sufficiently large to accommodate
vehicles awaiting washing during peak period.
B.
Vehicle or equipment repair operations and vehicle or equipment sales
or rental operations. In addition to all other applicable standards,
all vehicle or equipment repair operations and all vehicle or equipment
sales or rental operations of new and used automobiles, trucks, motorcycles,
mobile homes, recreation vehicles, boats, and travel trailers and
other vehicles and equipment shall be subject to the following specific
regulations and requirements:
(1)
Repair and service. All repair, service or similar activities shall
be conducted within a completely enclosed building where adequate
measures shall be taken to minimize motor noise, fumes and glare.
(2)
Exterior storage.
(a)
Parts and other materials. Exterior storage of dismantled vehicles, tires, auto parts and similar materials shall not be permitted except in a designated storage area in accord with Subsection B(2)(c). Used tires and parts shall not be stored on the premises in excess of what would normally accumulate in a week of normal operation.
(b)
Vehicles.
[1]
Only vehicles with current license and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored in any unscreened exterior area. Any vehicle stored for more than 30 days shall be stored in a designated area in accord with Subsection B(2)(c).
[2]
Not more than four vehicles per service stall may be stored
outside a fully enclosed building.
[3]
Proof of current license and current registration or ownership
of any vehicle shall be required upon demand by the Zoning Officer.
(c)
Designated storage area.
[1]
All operations storing parts, materials or vehicles outdoors
shall establish a designated storage area meeting principal structure
setback requirements.
[2]
A secure and durable fence, six feet to 10 feet in height, shall
be erected around the perimeter of the storage area and the area shall
be screened.
[3]
The area shall be stabilized with paving or other suitable material
to prevent mud and minimize dust.
(4)
Accessory goods. Accessory goods for sale may be displayed on the
pump island and the building island only. The outdoor display of oil
cans and/or antifreeze and similar products shall be permitted on
the respective islands or provided for in a suitable and safe stand
or rack that does not encroach upon the required aisles or parking
areas.
(5)
Bulk storage. The storage of gasoline and flammable oils in bulk
shall be in compliance with state and federal regulations.
(6)
Pumps. Gasoline pumps and other service appliances may be located
in the required front setback but shall not be situated closer than
35 feet from the road right-of-way line and property lines.
(7)
Canopy. Any canopy structure over the pumping area shall not be less
than 20 feet from any highway right-of-way or lot line and shall not
exceed a height of 20 feet.
(8)
Floor drainage. Floor drainage basins shall be plugged or flow into
a holding tank and be disposed of periodically in accord with applicable
regulations. Verification of proper disposal may be requested at any
time by the Township Zoning Officer or any authorized local, state,
or federal agency.
(9)
Vehicle and equipment display. The outdoor display of new and used
cars, trucks, motorcycles, mobile homes, recreation vehicle and travel
trailers and other vehicles or equipment shall meet the side and rear
setback requirements for accessory buildings.
C.
Race tracks. In addition to all other applicable standards, the following
additional standards shall apply to race tracks:
(1)
Setbacks. All areas for the driving, testing and/or maintenance of motor vehicles shall not be less than 750 feet from any property line or public road right-of-way, and shall not be less 1,000 feet from any R-1, R-2 or R-3 District. Greater setbacks and buffers may be required in accord with § 400-49B to address community effects.
(2)
Animal race tracks. In addition to the other standards in this Subsection C, the following additional standards shall apply to animal race tracks:
(a)
The race course for any animal race track race track shall not be less than 500 feet from any property line or public road right-of-way. Greater setbacks and buffers may be required in accord with § 400-49B to address community effects.
(b)
Any stable building, corral, kennel or other indoor or outdoor
area used for the keeping or feeding of animals, concentrated confinement
of animals or manure and animal waste storage shall not be less than
100 feet from any property line or public road right-of-way.
(c)
The applicant shall provide a plan for manure and animal waste
management satisfactory to the Board of Supervisors demonstrating
that all manure and animal waste shall be managed and disposed of
in accord with applicable local, state and federal regulations.
(3)
Buildings. All buildings on the race track parcel shall comply with
Uniform Construction Code and Pennsylvania Department of Labor and
Industry Standards.
(4)
Time limitations. No race shall be conducted between the hours of
9:00 p.m. and 9:00 a.m., and all track lighting shall be extinguished
by 10:00 p.m. However, the Township may establish more restrictive
time limits and limit the days of operation as a condition of approval.
(5)
Repair activities. All service and repair activities shall be conducted
within a completely enclosed building where adequate measures shall
be taken to minimize motor noise, fumes, and glare; except that minor
servicing such as changing tires, sale of gasoline or oil, windshield
washing and other similar normal activities may be conducted outside
said building.
(6)
Tire and part storage. All new or used tires and parts shall be stored
within a completely enclosed building or area contained by a solid
fence to provide screening. Used tires and parts shall not be stored
on the premises in excess of what would normally accumulate in a week
of normal operation.
(7)
Storage. No vehicles, supplies, parts, or any other material shall
be stored in any required setback areas normally required for the
district.
(8)
Fuel documentation. Documentation shall be provided that all fuel
and fuel storage areas comply with state and federal requirements.
(9)
Fencing and barriers. Security fencing shall be provided around the
facility (excluding parking areas) to prevent intrusion onto the racetrack
and related areas. Safety fencing/barriers shall be provided between
the racetrack and all areas where spectators, the public or any employee
or other person has access.
(10)
Safety plan. A facility safety plan shall be prepared to detail
the specific procedures which will be followed to ensure the safety
of the public, spectators, employees and participants which shall,
at a minimum, address the following:
(11)
Bond/insurance. Based on the type and size of the race track,
the Board of Supervisors may require the applicant to provide a bond
and/or insurance to cover the cost of any environmental cleanup or
enforcement action which may be required at the site. The amount of
the coverage shall be determined by the Board based on the type and
size of the track.
In addition to all other applicable standards in this chapter,
the following regulations shall apply to wind energy facilities:
A.
Purposes.
(1)
Need and location. To accommodate the need for wind energy facilities
while regulating their location and number in the Township in recognition
of the need to protect the public health, safety, and welfare.
(2)
Adjacent properties. To avoid potential damage to adjacent properties
from wind turbine structure failure and falling ice, through engineering
and proper siting of such structures.
B.
Number. The number of wind turbines on a particular parcel shall
be governed by compliance with all setback, separation and height
requirements.
C.
Permits; use regulations.
(1)
Permits. A zoning permit shall be required for every wind energy
facility and wind turbine installed in the Township.
(2)
Associated use. All other uses ancillary to the wind energy facility
(including a business office, maintenance depot, etc., greater than
1,000 square feet) are prohibited from the wind energy facility, unless
otherwise permitted in the district in which the wind energy facility
is located. This shall not prohibit the installation, as accessory
structures, of equipment containers not intended for human occupancy
to house only equipment necessary for the operation of the wind energy
facility.
(3)
Wind energy facility as a second principal use. A wind energy facility
shall be permitted on a property with an existing use in districts
where permitted subject to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the wind energy facility and wind turbines shall
apply; and, the land remaining for accommodation of the existing principal
use(s) on the lot shall also continue to comply with the minimum lot
area, density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed facility and that vehicular access is provided
to the facility.
D.
Standards.
(1)
Wind energy facility height. The applicant shall demonstrate that
the wind turbines are at the minimum height required to function satisfactorily.
No wind turbine that is taller than this minimum height shall be approved.
(2)
Parcel size; setbacks.
(a)
Separate parcel. If the parcel on which the wind energy facility
is a separate and distinct parcel, the district minimum lot size shall
apply; and, in all cases, the lot shall be of such size that all required
setbacks are satisfied.
(b)
Lease, license or easement. If the land on which the wind energy
facility is leased, or is used by license or easement, the setback
for any wind turbine, the support structure, equipment containers,
other accessory structures, and guy wire anchors shall be a minimum
of 30 feet from the line of lease, license or easement. In any case,
no wind turbine shall be located closer to any property line (not
lease, license or easement line) than 1.1 times the turbine height,
including the rotor plane.
(c)
Public and semipublic structures. No wind turbine shall be located
less than 2,000 feet from any existing public or semipublic principal
structure measured from the center point of the turbine base. (For
the purposes of this section, "existing principal structure" shall
mean any existing principal structure or any principal structure for
which a zoning permit has been issued.)
(d)
Principal structures on wind energy facility parcel. No wind
turbine shall be located less than 600 feet from any existing principal
structure on the wind energy facility parcel or lease, license or
easement parcel as measured from the center point of the turbine base,
unless the property owner provides written permission allowing for
a lesser distance. (For the purposes of this section, "existing principal
structure" shall mean any existing principal structure or any principal
structure for which a zoning permit has been issued.) In no event
shall the setback distance be less than 1.1 times the total height
of the wind turbine as measured from the highest point of the turbine,
including the rotor plane.
(e)
Principal structures on other parcels. No wind turbine shall
be located less than 2,000 feet from any principal structure existing
on any other parcel prior to the erection of the wind turbine as measured
from the center point of the turbine base unless the owner of such
existing principal structure shall have executed a written waiver
or nondisturbance easement, covenant or consent, any of the aforementioned
which has been recorded in the Office of the Recorder of Deeds of
Monroe County, Pennsylvania. Such easement or covenant shall run with
the land and, at a minimum, provide that said property owner waives
and releases any and all claims, damages and/or losses resulting from
higher noise levels, visual impacts or flickering reflections and/or
shadows which may arise as a result of the location of a wind turbine
generator within the established setback distance of an existing principal
structure on the property of the owner executing same. Such easement,
covenant or consent shall meet such requirements as to form and content
as may be required by the Township. In no event shall the setback
distance be less than 1.1 times the total height of the wind turbine
as measured from the highest point of the turbine, including the rotor
plane.
(f)
Property lines and public roads. No wind turbine shall be located
less than 1.1 times the total height of the wind turbine from property
lines and public road rights-of-way as measured from the highest point
of the turbine, including the rotor plane.
(g)
Communication and electric lines. No wind turbine shall be located
less than 1.1 times the total height of the wind turbine from the
nearest aboveground public electric power line or public telephone
line or other public communication line as measured from the highest
point of the turbine including the rotor plane.
(h)
Horizontal rotors. The required setbacks for windmills with
horizontal rotors shall not be less than 1.1 times the height of the
turbine tower or 1.1 times the height of the turbine tower plus the
distance of the outer end of the rotor from the tower, whichever is
greater.
(3)
Wind energy facility design.
(a)
Standards; certification. The design of the wind energy facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd
Wind Energies, or other similar certifying organizations.
(c)
Controls and brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(d)
Electrical components. All electrical components of the wind
energy facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(e)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(f)
Signs. No advertising material or signs other than warning,
equipment information or indicia of ownership shall be allowed on
the wind turbine generators. This prohibition shall include the attachment
of any flag, decorative sign, streamers, pennants, ribbons, spinners,
or waiving, fluttering or revolving devices, but not including weather
devices.
(g)
Climb prevention/locks/fence.
[1]
Wind turbines shall not be climbable up to 15 feet above ground
surface.
[2]
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
[3]
A fence may be required around each wind turbine support structure
and other equipment. The fence shall be a minimum of eight feet in
height.
(h)
Emergency services. The facility shall comply with all applicable
local, state and federal fire code and emergency services guidelines;
and, all wind turbine generators shall be equipped with portable fire
extinguishers, unless the local fire department or Township Engineer
provides written documentation establishing that the same is not necessary.
(i)
Other regulations. The applicant shall document compliance with
all applicable state and federal regulations.
(4)
Noise and shadow flicker.
(a)
Audible sound from a wind energy facility shall not exceed 45
dBA as measured at the exterior of any occupied building on any other
parcel. Methods for measuring and reporting acoustic emissions from
wind turbines and the wind energy facility shall be equal to or exceed
the minimum standards for precision described in AWEA Standard 2.1
- 1989, titled "Procedures for the Measurement and Reporting of Acoustic
Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(b)
The facility owner and operator shall use best efforts to minimize
shadow flicker to any occupied building on any other parcel.
(5)
Landscaping. Landscaping shall be required to screen as much of the
support structure as possible and any other ground-level features
(such as a building); and, in general, buffer the wind turbine and
support structure site from neighboring properties. Any required vegetation
shall be maintained in good condition. The Township may permit any
combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if they achieve the
same degree of screening as the required landscaping.
(6)
Water supplies. All wind turbine generator sites shall be designed
and constructed in such a fashion as to avoid any disruption and/or
interference with private wells, springs and/or other water sources.
In the event any problems occur with any private water source, which
problems are proximately caused by the operator, the operator shall
immediately supply potable water in such quality and quantity as supplied
by the original private water source.
(7)
Licenses. The applicant shall demonstrate that it has obtained the
required licenses from the Township and governing state and federal
agencies.
(8)
Access; required parking. Access to the wind energy facility shall
be provided by means of a public street or easement to a public street.
The easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
for its entire length. If the wind energy facility site is fully automated,
adequate parking shall be required for maintenance workers.
(9)
Color and lighting; FAA and PennDOT notice. Wind turbines, including
rotors, shall be a nonobtrusive color such as white, off-white or
gray. Wind turbines shall comply with all applicable Federal Aviation
Administration (FAA) and PennDOT Bureau of Aviation regulations. No
wind turbine may be artificially lighted, except as required by FAA
requirements. If lighting is required, the lighting alternatives and
design chosen shall minimize the disturbance to the surrounding views.
The applicant shall provide a copy of the response to notice of proposed
construction or alteration forms submitted to the FAA and PennDOT
Bureau of Aviation.
(10)
Transmission and power lines. On-site transmission and power
lines between wind turbines shall, to the greatest extent possible,
be placed underground.
(11)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties shall not be disturbed or diminished; and, this
may be accomplished by remedial measures instituted by the wind energy
facility operator.
(12)
Stray voltage/electromagnetic fields (EMF). The operator shall
utilize good utility practice to minimize the impact, if any, of stray
voltage and/or EMF.
(13)
Water and sewer. Water, other than for facility cooling and
fire-suppression purposes, and sewage facilities shall not be permitted
at wind energy facility sites to preclude person(s) from living or
staying on the site, unless such facilities serve a use otherwise
approved in accord with this chapter.
(14)
Emergency services. The applicant shall provide details about
any fire-suppression system installed in any accessory structure or
equipment container associated with the wind energy facility. Upon
request, the applicant shall cooperate with emergency services to
develop and coordinate implementation of an emergency response plan
for the wind energy facility.
E.
Certification. The applicant shall submit certification from a Pennsylvania
registered professional engineer that a proposed wind energy facility
and support structure shall be designed and constructed in accord
with accepted engineering practices and all requirements of this chapter.
Within 45 days of initial operation, the owner and/or operator of
the wind energy facility shall provide a certification from a Pennsylvania
registered professional engineer that the wind energy facility and
all structures comply with all applicable regulations.
F.
Wind test towers. Temporary wind test towers may be erected as a
conditional use in districts where wind energy facilities are permitted
in accord with other applicable requirements of this chapter. Such
towers shall be removed within 18 months of installation.
[Added 4-7-2020 by Ord. No. 140-2020]
Within the C-1 Convenience Commercial District and the I Industrial
District, large-scale commercial recreation facilities shall be permitted
by conditional use subject to the Schedule of Uses[1] and the following specific criteria:
A.
The use shall comply with the lot area, setback, lot coverage, building
height and other dimensional standards of the applicable zoning district
and/or Schedule of Uses unless otherwise specifically set forth in
this section.
B.
The subject property shall not be less than 10 acres nor more than
500 acres in size, unless otherwise specifically set forth herein.
C.
Large-scale commercial recreation facilities shall have at least
two means of access.
D.
All structures on the property shall be set back at least 100 feet
from any street right-of-way line and/or property line, unless otherwise
permitted by the Board of Supervisors at the conditional use hearing.
E.
Access driveways shall comply with all applicable Penn DOT and Township
requirements and/or standards.
F.
Off-street parking shall be provided in a manner and form consistent with the applicable parking provisions of the Zoning Ordinance, including but not limited to Chapter 400, Attachment 3, and § 400-19. The applicant shall also present credible evidence that the number of off-street parking spaces and "oversized" off-street parking spaces provided for trucks, RVs and motorhomes will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods. In the event the applicant presents sufficient evidence at the conditional use hearing that the parking requirements of the Zoning Ordinance are excessive and not necessary for the proposed use, the Board of Supervisors may approve a lesser amount of parking spaces based on such evidence. The decision to approve a lesser amount of parking is within the sole discretion of the Board of Supervisors based on the evidence presented and may include a requirement for reserve parking.
G.
Trash receptacles shall be provided amid off-street parking areas,
which shall be routinely emptied. Furthermore, a working plan for
the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
H.
No outdoor storage of parts, equipment, fuels or other materials
used or discarded shall be permitted unless otherwise permitted by
the Board of Supervisors at the conditional use hearing. The outdoor
storage of vehicles, ATVs, snowmobiles, and/or other recreational
equipment is also prohibited.
I.
The applicant shall submit a traffic study in a manner and form acceptable
to the Township.
J.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
K.
The operation of the large-scale commercial recreation facility must
comply with all state, federal and local rules and law.
L.
Signs advertising a large-scale commercial recreation facility shall
comply with the sign limitations and provisions provided for in this
chapter.
M.
The proposed use and related structures shall be arranged and/or
constructed in accordance with an overall plan and shall be designed
as a single architectural and/or planned style with appropriate landscaping
and buffering in a form compliant with Township ordinances and acceptable
to the Township. The applicant shall provide the Township with plans
to ensure adequate parking, emergency access, road access, sanitary
facilities, refuse collection and noise and light control.
N.
If an applicant proposes to add new and/or additional uses, devices,
activities and/or attractions after securing conditional use approval
for those already being operated on the property, the applicant shall
be required to apply for and again secure conditional use approval
from the Board of Supervisors for the new and/or additional uses,
devices, activities and/or attractions being proposed.
O.
A large-scale commercial recreation facility shall comply with the Schedule of Development Standards for the applicable zoning district as set forth in Attachment 2 of the Zoning Ordinance, unless otherwise specifically provided for in this § 400-91.1.
P.
A large-scale commercial recreation facility may contain a combination
of one or more, but no more than 10, of the following uses and/or
attractions if it complies with all other applicable ordinances and/or
regulations, unless otherwise set forth herein and/or approved by
the Board of Supervisors:
(1)
ATV tours.
(2)
Mountain biking course.
(3)
Motocross/motorcycle/scooter tours and/or courses.
(4)
Snowmobile tours.
(5)
Paintball.
(6)
Batting cages.
(7)
Mini golf.
(8)
Golf driving range.
(9)
Frisbee/disc golf.
(10)
Horseback riding.
(11)
Hay rides.
(12)
Fishing pond.
(13)
Outdoor concert arena.
(14)
Rodeo.
(15)
Seasonal pumpkin patch/Easter egg hunts, etc.
(16)
Sleigh rides.
(17)
Dog sledding.
(18)
Ice skating.
(19)
Cross country skiing.
(20)
Hatchet throwing.
(21)
Archery range.
(22)
Rock wall climbing.
(23)
Zip line and ropes course.
(24)
Food service.
(25)
Gift shop.
(26)
Other similar recreational uses approved by the Board of Supervisors.
Q.
A large-scale commercial recreation facility may contain more than 10 of the uses set forth in Subsection P above if all of the following factors are met:
(1)
The property is more than 100 acres in size.
(2)
The Board of Supervisors determines that the size and location
of the property reasonably allow for the proposed number and types
of uses and/or attractions.
(3)
The Board of Supervisors determines that the proposed uses and/or
attractions on the property will not have a negative impact on the
public health, safety and welfare.
(4)
The Board of Supervisors determines that the proposed uses and/or
attractions will not have a negative impact on the surrounding area
and/or characteristics of the neighborhood.
(5)
The proposed uses and/or attractions will not negatively impact
the traffic in the immediate area.
(6)
The proposed uses and/or attractions will not put an unreasonable
strain on the sanitary sewage system servicing the property.
R.
The applicant shall present the proposed dust control measures to
be maintained to ensure no use generates or permits dust to cross
over onto an adjoining or adjacent property that will interfere with
the reasonable use of the neighboring property.
S.
The applicant shall present evidence that the property has or will
have adequate sanitary sewer and water service, and shall further
demonstrate that the requisite permits and/or approvals have been
secured from the applicable agency and/or entity.
T.
The applicant shall comply with all applicable stormwater management
requirements and shall secure all the requisite permits and/or approvals
associated with stormwater controls.
U.
All recreational vehicles shall be fitted with the original equipment
exhaust while in operation and must have a federally approved spark
arrestor and a muffler in good working order.
V.
The applicant shall present evidence to ensure no recreational vehicle
is operated within any environmentally sensitive area. This may be
accomplished by providing a plan with the proposed trails, courses,
routes, etc., for such recreational vehicles to be operated on and/or
within.
W.
No motorized equipment and/or vehicles shall be operated on the property
as part of the large-scale commercial recreation facility between
the hours of 10:00 p.m. and 7:00 a.m.
X.
The applicant shall be required to provide proof of written notification
to all neighboring property owners within 500 feet of the boundary
line of the property wherein the large-scale commercial recreation
facility is proposed.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
[Added 4-7-2020 by Ord. No. 140-2020]
Within the C-1 Convenience Commercial District and the W-C Woodland
Conservation District, recreation facilities, outdoor commercial shall
be permitted by conditional use subject to the Schedule of Uses[1] and the following specific criteria:
A.
The use shall comply with the lot area, setback, lot coverage, building
height and other dimensional standards of the applicable zoning district
and/or Schedule of Uses unless otherwise specifically set forth in
this section.
B.
All structures on the property shall be set back at least 100 feet
from any street right-of-way line and/or property line, unless otherwise
permitted by the Board of Supervisors at the conditional use hearing.
C.
Access driveways shall comply with all applicable Penn DOT and Township
requirements and/or standards.
D.
Off-street parking shall be provided in a manner and form consistent with the applicable parking provisions of the Zoning Ordinance, including but not limited to Chapter 400, Attachment 3, and § 400-19. The applicant shall also present credible evidence that the number of off-street parking spaces and "oversized" off-street parking spaces provided for trucks, RVs and motorhomes will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods. In the event the applicant presents sufficient evidence at the conditional use hearing that the parking requirements of the Zoning Ordinance are excessive and not necessary for the proposed use, the Board of Supervisors may approve a lesser amount of parking spaces based on such evidence. The decision to approve a lesser amount of parking is within the sole discretion of the Board of Supervisors based on the evidence presented and may include a requirement for reserve parking.
E.
Trash receptacles shall be provided amid off-street parking areas,
which shall be routinely emptied. Furthermore, a working plan for
the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
F.
No outdoor storage of parts, equipment, fuels or other materials
used or discarded shall be permitted unless otherwise permitted by
the Board of Supervisors at the conditional use hearing. The outdoor
storage of vehicles, ATVs, snowmobiles, and/or other recreational
equipment is also prohibited.
G.
The applicant shall submit a traffic study in a manner and form acceptable
to the Township.
H.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations.
I.
The operation of the outdoor commercial recreation facility must
comply with all state, federal and local rules and law.
J.
Signs advertising an outdoor commercial recreation facility shall
comply with the sign limitations and provisions provided for in this
chapter.
K.
The proposed use and related structures shall be arranged and/or
constructed in accordance with an overall plan and shall be designed
as a single architectural and/or planned style with appropriate landscaping
and buffering in a form compliant with Township ordinances and acceptable
to the Township. The applicant shall provide the Township with plans
to ensure adequate parking, emergency access, road access, sanitary
facilities, refuse collection and noise and light control.
L.
The applicant shall present evidence that the property has or will
have adequate sanitary sewer and water service, and shall further
demonstrate that the requisite permits and/or approvals have been
secured from the applicable agency and/or entity.
M.
The applicant shall comply with all applicable stormwater management
requirements and shall secure all the requisite permits and/or approvals
associated with stormwater controls.
N.
All recreational vehicles shall be fitted with the original equipment
exhaust while in operation and must have a federally approved spark
arrestor and a muffler in good working order.
O.
The applicant shall present evidence to ensure no recreational vehicle
is operated within any environmentally sensitive area. This may be
accomplished by providing a plan with the proposed trails, courses,
routes, etc., for such recreational vehicles to be operated on and/or
within.
P.
No motorized equipment and/or vehicles shall be operated on the property
as part of the large-scale commercial recreation facility between
the hours of 10:00 p.m. and 7:00 a.m.
Q.
The applicant shall be required to provide proof of written notification
to all neighboring property owners within 500 feet of the boundary
line of the property wherein the outdoor commercial recreation facility
is proposed.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
