All uses and activities shall comply with the following standards.
All applications for subdivisions, land developments, site plans,
and zoning permits shall include maps delineating the natural and
historic resources as defined within this article.
A.
The purpose and intent of this subsection is to encourage the conservation
of the valuable and environmentally sensitive natural resources within
the Township and to prevent the long-term degradation of the environment
to the common benefit of the community; in conformance with the purpose
of the State Municipalities Planning Code,[1] and in furtherance of the Township Comprehensive Plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The following sections to promote sound development practices by
limiting, restricting and prohibiting development from areas of a
tract or lot that are not appropriately suited for said development
activity; by guiding said activities in other areas within the same
tract or lot, which are intrinsically suited for site disturbance
and/or development activities.
C.
Calculations.
(1)
Applicability. The following calculations in this § 200-31 shall be submitted with all preliminary and final plans by an applicant for any subdivision or land development, unless otherwise provided in this section. In addition, see requirements in § 200-35C(1) for each lot. The calculations in this § 200-31C(1)(b) and (d) shall only apply to a performance subdivision, age-restricted development, single-family detached cluster development, or mobile (manufactured) home park. The calculations shall be completed to at least three decimal points.
(a)
Calculation for gross site area.
|
[1]
|
Determine the acreage by actual property survey:
|
_____ acres
| ||
|
[2]
|
Subtract the following:
| |||
|
[a]
|
Land within existing roads and their ultimate rights-of-way
and 50% of land within preexisting overhead electric transmission
rights-of-way:
|
_____ acres
| ||
|
[b]
|
Land without development opportunities due to preexisting restrictions
such as restrictive conservation easements:
|
_____ acres
| ||
|
[3]
|
Equals gross site area:
|
_____ acres
| ||
(b)
Calculation for resource protection lands:
[1]
In the event two or more resources overlap, only the resource
with the highest resource protection ratio shall be used.
[2]
Table of Natural Resource Protection Restrictions:
|
Natural Resources
|
Minimum Required Resource Protection Ratio
(I)
|
Acres of Land in Natural Resource
(II)
|
Resource Protection Land
(Column I x Column II)
(III)
| |
|---|---|---|---|---|
|
100-year floodplains
|
1.00
|
_____
|
_____
| |
|
Lakes or ponds
|
1.00
|
_____
|
_____
| |
|
Wetlands
|
1.00
|
_____
|
_____
| |
|
Shorelines (areas within 50 feet of the permanent pool elevation
of a natural lake or pond)
|
0.70
|
_____
|
_____
| |
|
15% slopes to 25% slopes
|
0.80
|
_____
|
_____
| |
|
Greater than 25% slopes
|
0.90
|
_____
|
_____
| |
|
Woodlands
|
0.25
|
_____
|
_____
|
|
Total acreage of resource protection land (total of Column III)
=
|
(c)
Recreation land. Recreation land may overlap common open space, provided the requirements for each are met. The requirements for recreation land are established in Chapter 175, Subdivision and Land Development.
(d)
Minimum open space, net buildable site area and maximum permitted
dwelling units. The minimum required open space, as determined below,
shall apply to the entire site and not on a lot-by-lot basis, provided
that the total allowable net buildable portion of the site, as determined
below, is not exceeded.
[1]
Determine minimum common open space based upon total site area
multiplied by minimum common open space ratio.
|
_____ acres
|
x
|
_____ acres
|
=
|
_____ acres
| |
|---|---|---|---|---|---|
|
Gross site area
|
Open space ratio*
|
Minimum required common open space
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Where an open space ratio is required under the applicable zoning
district.
| |
[2]
Determine net buildable site area.
|
_____ acres
|
—
|
_____ acres
|
=
|
_____ acres
| |
|---|---|---|---|---|---|
|
Gross site area
|
Resource protection land (from Column III above)[2]
|
Net buildable site area
|
[2]
Editor's Note: See § 200-31C(1)(b)[2], above.
[3]
Determine maximum number of permitted dwelling units for performance
subdivisions, age-restricted development, single-family detached cluster
developments or mobile/manufactured home park, unless otherwise stated
in the applicable zoning district regulations:
|
_____ acres
|
x
|
_____ DU/acre
|
=
|
_____ Dwelling units
| |
|---|---|---|---|---|---|
|
Net buildable site area
|
Maximum permitted density
|
Total number of permitted dwelling units (round up if figure
is equal to or greater than 0.5; round down if under 0.5)
|
(e)
Calculation to determine maximum permitted impervious surfaces.
|
_____ acres
|
x
|
_____
|
=
|
_____
| ||
|---|---|---|---|---|---|---|
|
Gross site area
|
Maximum impervious surface ratio
|
Maximum impervious surface on the site
| ||||
|
(unless the applicable zoning district regulations state that
maximum impervious surface is based upon each individual lot)
| ||||||
A.
General.
(1)
The natural resource restrictions, as contained herein, shall apply
to all uses.
(2)
Site alterations, regrading, filling, or clearing of vegetation prior
to approval of final plan by the Board of Supervisors shall be a violation
of this chapter. However, this subsection shall not prohibit any land
management practices that may be necessary for the ecological improvement
of any stream, pond, lake, or wetland or for forest production, provided
that all applicable permits have been obtained from all appropriate
state and federal regulatory agencies.
(3)
All proposed subdivisions and site plans either wholly or partly within resource protection lands as identified in § 200-31C(1)(b) shall be subject to the following restrictions, unless specifically exempt by provision of this subsection.
[Amended 1-21-2016 by Ord. No. 338]
(a)
All proposed site plans and subdivisions, the area of which
is either wholly or partly within resource protection lands, shall
have an earth disturbance plan as part of the preliminary plan submission.
(b)
Contents of an earth disturbance plan.
[1]
A metes and bounds base map.
[2]
The location, type and extent of all natural features and resources
on the site, parcel or tract.
[3]
Areas and limits of all primary and ancillary grading and earthwork.
[4]
The delineation by conservation easement of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in § 200-31C(1)(d) of this section. Said conservation easements may include open space and resource protection lands either in public or private ownership as the case may be.
[5]
A general plan note clearly indicating that all earth disturbance
is strictly limited to the areas within the earth disturbance envelope(s)
of the site, parcel or tract.
[6]
The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by § 200-31C(1)(d) of this section.
(4)
Areas with natural resource restrictions should, to the greatest
extent possible, be left undisturbed and not occupied by structures,
driveways, on-lot septic systems or other requirements.
B.
Requirements for all uses. See also § 200-35C(1), which regulates certain natural features within each lot.
(1)
One-hundred-year floodplain. A complete set of floodplain regulations is provided in § 200-34. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted in the one-hundred-year floodplain, unless the use, activity or development complies with § 200-34 and all other applicable codes and ordinances.
(a)
In addition, no principal building shall be constructed or placed within a one-hundred-year floodplain that is adjacent to a perennial creek or river. However, this § 200-32B(1) shall not apply to a building that is not routinely occupied by persons (such as a livestock structure).
(2)
Lakes, ponds, wetlands, and watercourses shall remain as open land
that is free of buildings and parking. No development, filling, piping,
or diverting shall be allowed of lakes, ponds, wetlands or watercourses
unless specifically permitted by the state or federal agency having
jurisdiction over said activity.
(3)
Lake and pond shorelines. No more than 30% of the shorelines of lakes
and ponds, to a width of 50 feet from the shoreline as measured from
the permanent pool elevation, shall be developed and/or regraded or
cleared of vegetation. The balance shall remain as open land that
is free of buildings and parking.
(4)
Steep slopes. See also requirements of Chapter 175, Subdivision and Land Development.
(a)
In areas of 15% or greater slopes, the following standards shall
apply:
(b)
Grading and erosion control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in Subsection B(8) below and all applicable ordinances for stormwater management and soil erosion and sedimentation control.[1]
(c)
Application for building permits in areas of 15% slope or greater
shall include a grading plan indicating the following information:
[1]
Site plan of property at a scale of one inch equals 50 feet
indicating existing grades with contour lines at two-foot intervals
and proposed grades within the area of the proposed construction.
[2]
Landscaping plan indicating proposed paved areas, storm drainage
facilities, retaining walls, and ground cover, as well as the locations
of trees and ornamental shrubs.
[3]
Plans showing a cross-section of the building in relation to
the slopes.
[4]
A statement prepared by a licensed architect, registered landscape
architect, or professional engineer stating an explanation of the
methods to be used in overcoming foundation and other structural problems
created by slope conditions, in preserving the natural watershed,
and in preventing soil erosion.
[5]
A plan submitted under the seal of a licensed professional engineer,
registered surveyor or registered landscape architect showing and
certifying the following:
[a]
All existing and proposed natural and artificial
drainagecourses and other features for the control of drainage, erosion
and water.
[b]
The calculated volume of water runoff from the
slopes and from the lot in question, as unimproved.
[c]
The calculated volume of water runoff from the
slopes and from the lot in question, as improved.
[d]
The existence, location, and capacity of all natural
and artificial drainagecourses and facilities within 500 feet of the
lot, which are or will be used to carry or contain the water runoff
from the slope and the lot.
[e]
The effect of any increased water runoff on all
adjacent properties and any other property that will be materially
affected by increased water runoff.
(d)
Lands qualifying under one or more of the following provisions
shall be exempt from the steep slope provisions of this section.
[1]
Areas on a site that involve steep slopes of less than 3,000
square feet land area.
[2]
Previously and substantially developed lots.
[3]
That portion of land directly affected by the location of a
through-road or other community facility as determined necessary by
the Board of Supervisors. Only the minimum relief required to accomplish
the municipal planning objective is subject to said exemption.
[4]
The requirements of this section do not apply on a lot-by-lot
basis, provided that the lot or lots in question have been the subject
of a prior site plan or subdivision approval, and, further provided,
that all provisions of said site plan or subdivision approval are
met.
(5)
Woodland. Woodland shall be subject to the following restrictions
when the area of woodland on the total site area is greater than 1/2
acre.
(a)
No more than 50% of such woodland area shall be developed and/or
regraded or cleared of vegetation. The minimum width of remaining
stands of trees shall not be less than three times the height of the
canopy. The remaining 50% of the woodland shall remain as permanent
open land and shall be protected during construction from root compaction
by equipment and material. The Township may require the use of a conservation
easement to protect trees. The Township may allow the replacement
of undesirable species of trees or unhealthy or diseased trees with
new trees that will serve the same purposes. Dead and diseased wood
may be removed.
(b)
Exemptions. On existing or proposed wooded lots, exemptions
to the woodlands standards may be permitted, provided the following
provisions are met and approved by the Board of Supervisors.
[1]
The Township shall allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within § 200-32B(4) and (5). In addition, the provisions of this section shall not apply to a landowner that wishes to remove up to three trees in any calendar year.
[2]
That portion of land directly affected by the location of a
through-road or other community facility as determined necessary by
the Board of Supervisors. Only the minimum relief required to accomplish
the municipal planning objective is subject to said exemption.
[3]
The requirements of this section do not apply on a lot-by-lot
basis, provided that the lot or lots in question have been the subject
of a prior site plan or subdivision approval, and, further provided,
that all provisions of said site plan or subdivision approval are
met.
(c)
Development plans shall show the extent of trees to be removed
versus areas to be maintained and preserved. Any time in the future,
if a tree is removed that was required by the Township or was shown
on an official site plan approved by the Township as being preserved,
then such tree shall be replaced by the current landowner with a new
tree of a species and in a location that serves the same purposes.
(d)
For Use B-10A, no more than 85% of a woodland area shall be
developed and/or regraded or cleared of vegetation.
[Added 5-21-2020 by Ord.
No. 363]
[1]
If more than 50% of a woodland area is developed and/or regraded
or cleared of vegetation, replacement trees shall be planted at a
rate of one two- to 2 1/2-inch caliper tree for each six-inch
(or greater) DBH tree to be removed.
[2]
Tree replacement shall be provided for all qualifying vegetation
within area exceeding 50% removal to a maximum 85% removal.
(6)
Trees on wooded lots. See § 175-42B or its successor section of Chapter 175, Subdivision and Land Development, as amended.
(a)
The Township may require that appropriate measures be used to
protect trees during the construction process, such as temporary fencing
around the root system of trees to keep out construction equipment
and avoid compaction around the roots. No more than 1/3 of the roots
may be disturbed by the removal of topsoil or paving, provided that
a similar amount of the canopy has been removed by a trained arborist.
Any filling within 35 feet of the trunk shall require a tree well
and/or aeration channels in accordance with the standards of the American
Association of Nurserymen, Inc.
(b)
See also regulations for forestry for tree cutting that is not
necessary for the construction of an approved use.
(7)
(8)
Soil erosion and sedimentation. All developments shall protect watercourses and water bodies from sedimentation damage and shall control erosion in accordance with the Pennsylvania statutes. All developments involving earth disturbance shall submit a soil erosion and sedimentation control plan as required by Chapter 175, Subdivision and Land Development.
A.
Requirements for all uses.
(1)
Except for agricultural uses, which are exempt to the extent provided
in the Pennsylvania Right To Farm Law,[1] no use shall be permitted which is noxious or offensive
in the immediate surrounding area by reason of odor, dust, smoke,
gas, vibration, illumination, or noise, or which constitutes a public
hazard whether by fire, explosion, or otherwise. In determining whether
a proposed use is noxious, hazardous, or offensive, the following
standards shall apply. The proposed operation shall not:
(a)
Constitute any nuisance whatsoever beyond the boundary of a
site on which the use is located by a reason of dissemination of noxious,
toxic, or corrosive fumes, smoke, odor, or dust. All fixed equipment
shall be operated by electric power, gas, or other smokeless fuel;
(b)
Result in noise or vibration exceeding the average intensity
vibration occurring from other causes at the boundary line;
(c)
Endanger surrounding areas by reason of fire or explosion;
(d)
Produce objectionable heat, glare, or radiation beyond the property
line;
(e)
Result in any electrical or signal disturbance in nearby residences,
or adversely affect the operation of equipment other than on the property
on which the disturbance is located, when such equipment can be shown
to be of good design and in proper functional condition;
(f)
Discharge any untreated sewage or industrial waste into any
stream, or otherwise contribute to the pollution of surface or groundwater
in accordance with the state or federal statutes; and
(g)
Create any other objectionable condition in an adjoining area
which will endanger public health or safety or be detrimental to the
proper use of the surrounding area.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(2)
When required by the Township, an applicant for a proposed use shall
demonstrate as a condition of approval that adequate provisions will
be made to reduce and minimize any objectionable elements to the degree
necessary to ensure that the proposed use will not be "noxious, hazardous,
or offensive" as defined above. If required, the applicant shall submit
supplemental information, plans, and impartial expert judgments, and
the Township may require the expert advice of official agencies or
private consultants and such reasonable tests as are deemed necessary,
the costs of which shall be borne by the applicant.
(3)
Any proposed nonmunicipal central sewage system shall comply with
the most current Forks Township Sewage Facilities Plan and with PA
DEP requirements, and shall be subject to the review and approval
by the Township Sewage Engineer. The management of such a system is
subject to review and approval by the Board of Supervisors based upon
a review by the Township Sewage Enforcement Office, Township Solicitor
and the Township Sewer Engineer.
(4)
All common wastewater disposal systems serving more than two residential
lots and/or a single commercial/industrial/office use shall be required
as part of the overall permitting process for the system to post an
annual escrow with the Township in an amount determined by the Township
Engineer sufficient to provide for maintenance and/or replacement
of the system. The escrow shall be in a form of a performance bond,
cash or equivalent, or letter of credit.
B.
Requirements for commercial and industrial uses.
(1)
General. All activities shall be operated in such a manner as to
comply with applicable performance standards as hereinafter set forth
governing noise, smoke, particulate matter, toxic or noxious matter,
odors, fire and explosive hazards, vibration, glare, or heat for the
district in which such use shall be located; and no use, already established
on the effective date of this chapter, shall be so altered or modified
as to conflict with or further conflict with such applicable performance
standards for the district in which such use is located.
(2)
Noise.
(a)
No principal or accessory use, or operations or activities on
its lot, shall generate a sound level exceeding the limits established
in the table below, when measured at the specific locations:
|
Sound Level Limits by Receiving Land Use/District
| ||||||
|---|---|---|---|---|---|---|
|
Land Use or Zoning District Receiving the Noise
|
Hours/Days
|
Maximum Sound Level
dBA
| ||||
|
(1)
|
At a lot line of a residential use in a OR, CR, SR or SR-1 District
|
(a)
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Labor Day and Memorial Day
|
58
| ||
|
(b)
|
9:00 p.m. to 7:00 a.m. plus all of the following days: Sundays,
Christmas, Thanksgiving, New Year's, Easter Sunday, Labor Day and
Memorial Day.
|
55
| ||||
|
(2)
|
Lot line of a residential use that is not in the OR, CR, SR
or SR-1 District
|
(a)
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Labor Day and Memorial Day.
|
70
| ||
|
(a)
|
9:00 p.m. to 7:00 a.m. plus all of the following days: Sundays,
Christmas, Thanksgiving, New Year's, Easter Sunday, Labor Day and
Memorial Day.
|
64
| ||||
|
(3)
|
Any lot line other than (1) or (2), above
|
All times and days
|
70
| |||
|
NOTES:
| |
|---|---|
|
"dBA" means A-weighted decibel.
|
(b)
Exceptions. The maximum permissible sound level limits set forth
in the above table shall not apply to any of the following noise sources:
[1]
Sound needed to alert people about an emergency.
[2]
Repair or installation of utilities or construction of structures,
sidewalks or streets between the hours of 7:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
[3]
Lawn mowers, snowblowers, leaf blowers, and household power
tools between the hours of 7:00 a.m. and 9:00 p.m.
[4]
Agricultural activities, including permitted raising of livestock,
but not exempting a kennel.
[5]
Public celebrations specifically authorized by the Township
Supervisors or a county, state or federal government agency or body.
[6]
Unamplified human voices.
[7]
Routine ringing of bells and chimes by a place of worship.
[8]
Vehicles operating on a public street, railroads and aircraft.
[9]
Occasionally used safety signals, warning devices, emergency
pressure relief valves.
[10]
Animals, except from a kennel.
(c)
Grandfathering provision. An industrial use in an EC District
that existed prior to the adoption of this chapter shall be permitted
to have a maximum sound level of 70 dBA measured at the lot line of
a use receiving the noise, regardless of the type of adjacent use
and regardless of the time of day.
(3)
Vibration. All activities shall be conducted in such a manner as
to comply with the current applicable standards for vibration of the
State DEP or Federal Environmental Protection Agency.
(4)
Air pollution.
(a)
All activities shall be conducted in such a manner as to comply
with the current applicable standards for air quality of the State
DEP or Federal Environmental Protection Agency.
(b)
No use shall cause, allow, permit, kindle, ignite, or maintain
any bonfire, junk fire, salvage operations fire, or any other open
fire on or in any public street, road, or public ground, or upon any
private property within the limits of the site.
(5)
Toxic or noxious matter.
(a)
Waterborne. All activities shall be conducted in such a manner
as to comply with all current applicable standards for air quality
of the State DEP or Federal Environmental Protection Agency.
(b)
Airborne. All activities shall be conducted in such a manner
as to comply with all current applicable standards for air quality
of the State DEP or Federal Environmental Protection Agency.
(c)
Reference shall be made to the Air Pollution Abatement Manual
for determination of toxic pollutants to be prohibited.
(6)
Odors. There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at any point on or beyond
the lot boundary line within which the industrial operation is situated.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system, in order that
control will be maintained if the primary safeguard system should
fail. NOTE: Certain exceptions apply to normal farming activities
under the State Right To Farm Act.[2]
(a)
All activities shall be conducted in such a manner as to comply
with all current applicable standards for odors of the State DEP or
Federal Environmental Protection Agency.
[2]
Editor's Note: See 3 P.S. § 951 et seq.
(7)
Fire and explosion hazards. The requirements of the Township Fire
Protection Code[3] shall apply. As a condition of a special exception or
conditional use, the Board of Supervisors or Zoning Hearing Board
may require additional building setbacks for a use involving hazardous
materials, operations, storage or processes.
(8)
Storage. The storage of more than 10,000 gallons of materials or
products having a closed cup flash point less than 120° F., including
storage of finished products in the original sealed container, is
prohibited. Bulk storage of more than 500 gallons must be in underground
facilities designed to meet the standards prescribed by the National
Fire Protection Association, and the requirements of the other ordinances
of the Township.
(9)
Heat and glare.
(a)
Heat. No use shall carry on an operation that would produce
an increase in ambient air temperature of more than 2° F. at the
property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that would produce
"glare" as defined below from unshielded bulbs or any production operation,
such as welding, beyond the property line of the lot on which the
use is situated. "Glare" shall be defined as direct or indirect light
from such activities of greater than 0.5 footcandle at the ground
level or at the second story of a dwelling, whichever is more restrictive.
(10)
Water quality and water withdrawal.
(a)
All activities shall be conducted in such a manner as to comply
with all current applicable standards for water quality of the State
DEP.
(b)
Emergency procedures. Where materials stored on site could,
if accidentally released, impair water quality, emergency procedures
shall be specified to prevent such spillage from entering ground or
surface waters as a part of the permit application.
