To encourage maintenance and management of forested or wooded
open space and promote the conduct of forestry as a sound and economically
viable use of forested land and forestry activities, including, but
not limited to timber harvesting, and to be in compliance with the
Pennsylvania Municipalities Planning Code, as amended, forestry shall
be a permitted use by right in all zoning districts. The following
standards apply to all timber harvesting within the Township where
the value of trees, logs, or other timber products removed exceed
$1,000. These provisions do not apply to the cutting of trees for
the personal use of the landowner or for pre-commercial timber stand
improvement.
1. Policy and Purpose. In order to conserve forested open space and
the environmental and economic benefits they provide, is the policy
of Susquehanna Township to encourage the owners of forestland to continue
to use their land for forestry purposes, including the long-term production
of timber, recreation, wildlife, and amenity values. The timber harvesting
regulations are intended to further this policy by promoting good
forest stewardship, protecting the rights of adjoining property owners,
minimizing the potential for adverse environmental impacts, and avoiding
unreasonable and unnecessary restrictions on the right to practice
forestry.
2. Notification and Preparation of a Logging Plan.
A. For all timber harvesting operations, the landowner shall notify
the Township Zoning Officer at least 10 business days before the operation
commences and within 10 business days before the operation is complete.
No timber harvesting shall occur until the notice has been provided.
Notification shall be in writing and shall specify the land on which
harvesting will occur, the expected size of the harvest area, and,
as applicable, the anticipated starting or completion date of the
operation.
B. Every landowner on whose land timber harvesting is to occur shall
prepare a written logging plan in the form specified by this Ordinance.
No timber harvesting shall occur until the plan has been prepared.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the harvest site at all times during
the operation and shall be provided to the Township Zoning Officer
upon request.
C. The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan.
3. Contents of the Logging Plan. As a minimum the logging plan shall
include the following:
A. The design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings;
B. The design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars;
C. The design, construction, and maintenance of stream and wetland crossings;
and
D. The general location of the proposed operation in relation to municipal
and State highways, including any accesses to those highways.
E. A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of waters of the Commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
F. Documentation of compliance with the requirements of all applicable
state regulations including, but not limited to, the following; erosion
and sedimentation control regulation contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35
P.S. § 691.1 et seq.; and Stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.
§ 693.1 et seq.).
G. Any permits required by state laws and regulations shall be attached
to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
4. Forest Practices. The following requirements shall apply to all timber
harvesting operations in the Township.
A. Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
B. No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
C. All tops and slash between 25 and 50 feet of any public roadway or
private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above ground.
D. No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
E. Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
5. Responsibility for Road Maintenance and Repair: Road Bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49;
and Title 67 Pennsylvania Code, Chapter 189, the land owner and the
operator shall be responsible for repairing any damage to Township
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic,
and may be required to furnish a bond to guarantee the repair of such
damages.
6. Enforcement. The Township Zoning Officer shall be the enforcement
officer for the standards set forth herein.
7. Inspections. The Township Zoning Officer may go upon the site of
any timber harvesting operation before, during, or after active logging
to review the logging plan or any other required documents for compliance
with the standards and inspect the operation for compliance with the
logging plan and other on-site requirements of these regulations.
8. Violations Notices; Suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of these standards and
regulations, the Township Zoning Officer shall issues the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Township Zoning Officer may order the immediate suspension of any
operation upon finding that corrective action has not been taken by
the date specified in a notice violation; the operation is proceeding
without a logging plan; or the operation is causing immediate harm
to the environment. Suspension orders shall be in writing, shall be
issued to the operator and the owner, and shall remain in effect until,
as determined by the Township Zoning Officer, the operation is brought
into compliance with the regulations herein or other applicable statutes
or regulations. The land owner or the operator may appeal an order
or decision of an enforcement officer with 30 days of issuance to
the Township Board of Commissioners.
9. Penalties. Any landowner or operator who violates any provision of these regulations; refuses to allow the Township Zoning Officer access to a harvest site pursuant to paragraph 7 of this Section or who fails to comply with a notice of violation or suspension order issues under subsection
(8) of this Section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $500, plus costs, for each separate offense. Each day of continued violation of any provisions shall constitute a separate offense.
Public utility structures shall be permitted in any district
without regard to the use and are regulations, provided, however,
that buildings or structures erected for these utilities shall be
subject to the following regulations.
1. Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
2. Height shall be as required by district regulations.
3. Unhoused equipment shall be enclosed with a chain link fence six
in height topped with barbed wire.
4. Housed equipment, when the equipment is totally enclosed within a
building, no fence or screen planting shall be required, however,
the yard areas shall be in conformity with the district in which the
facility is located.
5. Screen planting — the required fence for the unhoused equipment
shall be surrounded by an evergreen planting as approved by the Susquehanna
Township Planning Commission.
6. The external design of the building or structure shall be in conformity
with the buildings in the districts.
7. Access for unhoused equipment, where vehicular access is across the
front yard, the gate shall be constructed of solid materials having
not less than 50% solid in ratio to open space.
8. Plans of the facility shall be submitted to the Planning Commission
for review and approval.
[Amended 1/10/2008 by Ord. 08-02]
1. Where the street or streets (or private road) upon which the lot
abuts is less than 50 feet in width, the front yard depth and the
width of the side yard abutting the street (or private road) shall
be measured from a line parallel to and 25 feet from the center line
of the street (or private road).
2. Front Yards.
A. Front Setback of Buildings on Built-up Street.
(1)
When a vacant lot is situated between two lots, each occupied
by a principal building within 25 feet of the side lot line of such
vacant lot and which extends into the required front yard, the minimum
front yard setback of the vacant lot shall be the average depth of
the front yards of the adjacent occupied lots.
(2)
When a vacant lot is situated between one lot, occupied by a
principal building within 25 feet of the side lot line of such vacant
lot and which extends into the required front yard, the minimum front
yard setback of the vacant lot shall be the average depth of the front
yard of the adjacent occupied lot and the front yard required for
the district in which such vacant lot is located. In these cases the
second vacant lot from the original occupied lot shall have at least
the minimum front yard depth required in the district.
B. Parking shall be prohibited in front yards in residential districts,
except on paved areas or impervious driveways in areas beyond pedestrian
sidewalks or, where pedestrian sidewalks do not exist, beyond the
public right-of-way portion of the front yard.
C. Reverse Frontage Lots or Through-Lots. A front setback shall be required
from each street on reverse frontage or through-lots.
3. Yard Requirements for Corner Lots. On a corner lot, both yards abutting
the street shall have a width equal to the depth of the front yard
required in the district and shall be subject to all front yard requirements
of this Chapter. The rear yard shall be the yard opposite the yard
designated by the property owner as the front and shall meet rear
yard requirements. The opposing yard from the other front yard shall
meet side yard requirements.
4. Yard Requirements for Accessory Buildings.
A. The accessory building shall not be erected or substantially altered
within any front yards.
B. An accessory building may be erected within one of the side yards
or within the rear yard provided:
(1)
Such accessory building shall be not less than 10 feet farther
back than the rear-most portion of the main building.
(2)
Where such side or rear yard is along an alley, the accessory
building shall be located not less than five feet from the alley.
(3)
Where such side or rear yard is adjacent to another lot, the
accessory building shall be not less than three feet from any lot
line.
(4)
When an accessory building is erected within the side or rear
yard adjacent to a side street on a corner lot, the accessory building
shall be not less than the required front yard depth from the exterior
side lot line.
(5)
No carport may invade any required side yards.
5. Requirements for buffer yards and screening. The following design
standards related to buffer yards shall be implemented:
A. Any nonresidential zone (CN, CH, IG) or mixed use zone with a nonresidential
use (BOR, MU1, MU2, COL) adjoining land within a residential zone
(C, RC, R-1, R-2, R-3, R-4) shall meet the following buffer yard and
screening requirements, unless otherwise stipulated in this Chapter.
The buffer yard shall extend the entire length or width of the property
line adjoining the residential zone or lot (see Exhibit 5).
Buffer Yard Type
|
Adjoining Nonresidential or Mixed Use District*
|
Minimum Buffer Yard Width
(feet)
|
Minimum Screening
|
---|
1
|
CN — Commercial Neighborhood, BOR — Business Office
Residential, MU1-Mixed Use Corridor (High Density), MU2-Mixed Use
Corridor (Special Purpose.
|
15
|
1 shade tree per 50 linear feet and 1 evergreen tree per 40
linear feet of buffer yard screen.
|
2
|
CH — Commercial Highway and COL-Commercial Office Limited.
|
20
|
1 shade tree per 40 linear feet and 1 evergreen tree per 30
linear feet of buffer yard screen and 1 deciduous or evergreen shrub
per 20 linear feet of buffer yard screen. At least 60% of shrub plantings
shall be of the evergreen type.
|
3
|
IG — Industrial General
|
30
|
1 shade tree per 30 linear feet and 1 evergreen tree per 10
linear feet of buffer yard screen and 1 deciduous or evergreen shrub
per 10 linear feet of buffer yard screen. At least 70% of shrub plantings
shall be an evergreen type.
|
*
|
Applies only when the use in the Mixed Use District is other
than a single family residence.
|
B. Any lot used for other than a single-family residence in a residential
or mixed use zone shall meet the buffer and screening requirements
for buffer yard type 1, unless otherwise stipulated in this Chapter.
In the case of a lot used for other than a single-family residence
abutting another lot not used for a single-family residence no buffer
yard and screening shall be required.
C. All buffer yards shall meet the following requirements.
(1)
No buffer yard or part thereof shall be used for parking or
storage.
(2)
Buffer yards may coincide within any required building setback.
(3)
Buffer yards may be crossed by access roads, service drives
or easements with a maximum width of 35 feet, provided that the center
line of road, drive or easement crosses the lot line and buffer yard
at not less than 60°.
(4)
Buffer yards shall extend for the entire width of the property
line adjoining the residential property or district.
(5)
All screening materials and landscaping shall not encroach upon
the adjoining property line at full maturity.
D. Screening shall be provided in the buffer yards in accordance the
following.
(1)
Landscaping shall be a combination of shade trees, ornamental
trees, evergreen trees, deciduous shrubs, evergreen shrubs and groundcovers.
(2)
Selected plant materials shall be in accordance with the Susquehanna Township Subdivision and Land Development Ordinance, §
22-1109.
(3)
All loading and service areas shall meet the following screening
requirements when adjacent to a residential zone or use: One shade
tree per 60 linear feet and one evergreen per 10 linear feet of visible
loading and service area.
(4)
All dumpsters, transformers, fuel storage tanks, and unsightly
utilities shall meet the following screening requirements regardless
of location or district: One shade tree per 40 linear feet and one
evergreen tree per five linear feet of visibility.
(5)
Existing acceptable vegetation should be retained when feasible.
Credit may be applied to required perimeter landscape plantings if
the existing trees can be maintained and are of acceptable size and
health.
E. Street trees shall be provided in accordance with the Susquehanna
Township Subdivision and Land Development Ordinance.
F. Screening of stormwater management facilities shall be accordance
with the following standards.
(1)
Landscape buffering and screening techniques shall be required
for storm water management facilities that are adjacent to dissimilar
adjoining properties and public and private roads.
(2)
The storm water management screening and buffering shall not
be applied to fulfill any other of the required landscape buffering
requirements of the site.
(3)
If storm water facilities and ponds are required to provide
fencing. The required fencing cannot be credited towards storm water
facility landscape requirements.
(4)
When fences abut public or private roads or dissimilar land
uses, the proposed plantings shall be on the exterior of the fence,
facing adjacent roadways and properties.
(5)
Storm water management buffering and screening requirements may be exempt in industrially zoned districts if they are not adjacent to dissimilar uses. When storm water facilities adjoin or are adjacent to residentially zoned districts or public roadways, the required screening shall be in compliance with buffer yard subsection
(3) above.
(6)
The means in which to quantify required plant material will
be measured from the top of the dam elevation in linear feet.
(7)
Plant material shall not be permitted on fill areas, which may
compromise the structural integrity of the storm water management
facility. This restriction shall not supersede the required landscape
screening and buffering requirements.
(8)
The required plant material shall be of native vegetation or
an acceptable equivalent site tolerant plant type in accordance with
the Susquehanna Township Subdivision and Land Development Ordinance.
(9)
The proposed plant material and landscaping requirements for
the storm water management facility should be designed in a manner
that will minimize excessive maintenance.
(10)
If the side slopes of the storm water facility are too steep
(3:1 slope or greater) to mow and maintain, it is recommended that
they be planted with acceptable groundcovers, which do not require
excessive mowing.
(11)
The proposed required landscape shall not encroach or impede
the ability to access and maintain the storm water facility. Woody
vegetation that includes, deciduous evergreen trees and shrubs shall
not be on the embankments or within 50 feet of an inlet structure,
standpipe or drainage way. Proposed vegetation that has excessive
leaf and seed litter will not be permitted.
(12)
Existing acceptable vegetation should be retained around the
proposed storm water management facility when feasible. Credit may
be applied to required perimeter landscape plantings if the existing
trees can be maintained and are of acceptable size and health.
6. Projections in yards.
A. Cornices, eaves, gutters, bay windows or chimneys may project into
the front, side or rear yard of a lot, not more than 24 inches.
B. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any yard.
C. Apparatus or architectural structures needed for the efficient operation
of solar energy systems, including but not limited to overhangs, insulating
walls and roofs, solar collectors or reflectors may project not more
than four feet into any required yard.
7. Interior yards. For lots containing more than one building on a single
lot, the following interior yard spacing requirements shall be met.
G. Corner to corner: 20 feet.
More than one principal use may be erected on a single lot provided
that all lot and yard requirements, standards, and other requirements
of this Chapter shall be met for each structure, as though it were
on an individual lot.
[Added by Ord. 17-06, 6/8/2017]
For all nonresidential uses, mixed uses, and multifamily dwelling
uses, all rooftop-mounted equipment and other similar appurtenances
such as stairwells, air-conditioning units, large vents, heat pumps,
and mechanical equipment shall, to the maximum extent feasible, be
inconspicuously sited on the roof, screened via use of parapets, walls,
fences, landscaping, or other approved screening, or integrated to
be within the roof form, such that views from adjacent street rights-of-way
(excluding alleys) are minimized. All architectural features to be
used to screen rooftop equipment shall be designed to be architecturally
compatible with the principal building (including design, materials,
and colors).