The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:
A.
Single lots. In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory buildings
may be erected on any single lot that is duly recorded at the effective
date of adoption or amendment of this chapter, provided there is compliance
with all water and sewage requirements and other limitations imposed
by other provisions of this chapter. This provision shall apply even
though such lot fails to meet the requirements for area or width,
or both, that are generally applicable in the district, provided that
yard dimensions and requirements, other than those applying to area
or width or both, shall conform to the regulations for the district
in which such lot is located.
B.
Developments and subdivisions. Existing developments and/or subdivisions
with lots failing to meet the requirements for area or width or both,
that are generally applicable to the district in which they are located,
are permitted, if at the effective date of adoption of this chapter
there is a record plan approved and recorded as by law provided. Any
buildings erected on approved lots shall conform to the remaining
provisions of this chapter.
C.
Existing single or subdivision lots containing 3/4 acre or less in R-1, R-2 and RD Zones. Notwithstanding the provisions of Subsection B hereinabove, for any existing development and/or subdivision with lots containing 3/4 acre or less, the setbacks applicable thereto shall be as follows:
D.
Merger of nonconforming lots. If a lot owner owns two or more contiguous
nonconforming lots and wishes to construct an improvement encompassing
more than one of the nonconforming lots, the nonconforming lots must
be merged by recorded deed, a copy of which must be supplied to the
Township.
On a corner lot in all districts, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to impede vision
between a height of 2 1/2 feet and 10 feet above the center-line
grades of the intersecting streets in the area bounded by the street
lines of such corner lots and a line joining points along said street
lines 50 feet from the point of intersection.
A.
The height limitations contained in the district regulations do not
apply to spires, belfries, cupolas, antennas, water tanks, ventilators
or chimneys usually required to be placed above the roof level and
not intended for human occupancy.
B.
Permitted industrial, general commercial and manufacturing uses,
both principal and accessory, may exceed the maximum building height
limitations of this chapter, provided that:
(1)
The subject property is located along a railroad and will utilize
an existing or proposed railroad siding as part of the subject use;
(2)
The maximum structure height, including both principal and accessory
structures, shall not exceed 160 feet;
(3)
The portion of the structure that exceeds the maximum building height
requirements of the district which would otherwise be applicable but
for this section shall be designed to house railroad loading, unloading,
receiving, shipping and storage facilities, processes that require
unusual heights, including but not limited to grain storage elevators,
product load out and distribution towers and grain processing and
milling facilities, as well as processes that require unusual heights
to accommodate craneways and special machinery and equipment; and
(4)
The portion of the principal structure that exceeds the height requirements
of the district which would otherwise be applicable but for this section
shall be of Type 1B construction as defined by the BOCA Basic Building
Code or Type IF.R. as defined by the ICBO Uniform Building Code and
shall be served with an approved sprinkler system as may be required.
D.
Hotels/motels. The maximum height of hotels/motels may be increased
up to 96 feet, provided the side and rear setbacks for the building
are not less than 50% of the height of the building or the setback
required for the district, whichever is greater.
[Added 8-5-2013 by Ord.
No. 2013-07]
Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with legal access to a private street.
On every corner lot there shall be provided on the side street
a side yard equal in depth to the required front yard depth on said
street by the prevailing zoning district.
Where a lot is not served by a public water supply and/or sanitary
sewerage system and the Township subdivision regulations[1] or other state or local ordinance in force require a higher
standard for lot area or lot width than this chapter, the more restrictive
regulations of such other ordinance or regulation shall apply.
The following projections shall be permitted into required yards:
A.
All accessory buildings shall be required to adhere to the minimum
yard dimensions established for the district in which the building
is located.
B.
Every pool must have means of providing a safe, secure, nonentry
means of safeguard usually comprised of locked gates and fencing.
All pools shall be entirely enclosed with a permanent, continuous
fence not less than four feet in height unless the pool is an aboveground
pool, all sides of which are at least four feet above the lowest ground
level. All pools shall be required to adhere to the minimum yard dimensions
established for the district in which the pool is located.
C.
Private tennis courts must adhere to the minimum yard dimensions
established for the district in which the courts are located.
A.
A nonconforming use is any use, whether of a building or lot or both,
legally existing on the effective date of this chapter, or any amendments
hereinafter enacted, which does not conform to the use regulations
of the district in which it is located.
B.
The following provisions shall apply to all uses legally existing
on the effective date of this chapter which do not conform to the
requirements set forth in this chapter and to all legally existing
uses that become nonconforming by reason of any subsequent amendment
to this chapter.
C.
Any nonconforming use may be continued indefinitely, provided that
any such use:
(1)
Shall not be enlarged, altered, extended, reestablished, restored,
or placed on a different portion of the lot or parcel of land occupied
by such use on the effective date of this chapter, without a special
exception from the Zoning Hearing Board.
(a)
Any modification of the nonconforming use shall take place only
on the same lot as that existing at the time the use became nonconforming.
(b)
Any modification of the nonconforming use shall conform with
the area, building height, parking, sign and other requirements of
the district in which said modification is located.
(c)
The proposed alteration shall not exceed 50% of the floor area
and/or ground area devoted to the nonconforming use at the time of
the enactment of this chapter.
(d)
The proposed alteration will not cause an increased detrimental
effect on the surrounding neighborhood.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval
by the Zoning Hearing Board and then only to a use which, in the opinion
of the Zoning Hearing Board, is of the same or of a more restricted
nature.
(4)
Shall not be reestablished if such use has been abandoned for any
reason. A nonconforming use shall be deemed as abandoned when there
occurs a cessation or discontinuance of any such use or activity by
an apparent act or failure to act on the part of the tenant or owner
and a failure to reinstate such use within a period of one year from
the date of cessation or discontinuance. Vacation of land or structures
or the nonoperative status of the use normally carried on shall be
evidence of discontinuance. No abandoned use may be reestablished.
(5)
No nonconforming use shall, if once changed into a conforming use,
be changed back again into a nonconforming use.
(6)
A building or structure with respect to which a nonconforming use
is being made or conducted shall not be restored for other than a
conforming use after damage from any cause, unless the nonconforming
use is reinstated within one year of such damage; if the restoration
of such building or structure is not completed within the said one-year
period, the nonconforming use of such building or structure shall
be deemed to have been discontinued, unless such nonconforming use
is carried on without interruption in the undamaged portion of such
building or structure.
A.
A nonconforming structure, legally existing on the effective date
of this chapter, or any amendments hereinafter enacted, is any structure
that does not conform to the District regulations for: maximum height,
building or impervious coverage, minimum livable floor area per dwelling
unit, or maximum size.
B.
Nothing in this article shall be deemed to prevent normal maintenance
and repair, structural alteration in, moving, reconstruction, or enlargement
of a nonconforming structure provided that such action does not increase
the degree of or create any new nonconformity with regards to the
regulations pertaining to such structures or dimensions applicable
to the same on the lot on which they are located.
C.
A nonconforming structure that has been destroyed by reason of fire,
explosion, windstorm, or other active causes deemed to be no fault
of the owner may be reconstructed provided that the reconstructed
structure does not exceed the height, area or volume of the destroyed
structure. An application for a zoning permit must be submitted within
one year from the date of destruction or the nonconforming structure
shall not be restored except in conformity with this chapter.
D.
The Board of Commissioners may require the removal of any abandoned
nonconforming use or structure upon written notice to the owner of
the property on which an abandoned nonconforming use or structure
exists. If the owner has not completely removed the abandoned use
or structure within a reasonable amount of time, not to exceed nine
months, the Board of Commissioners shall have the authority to itself
cause the removal to be accomplished, the costs of such removal to
be paid by the property owner.
E.
Nonconforming dimensions shall not be enlarged or extended so as
to increase the degree of, or create any new, nonconformity.
A.
Minimum parking requirements. Any building or other structure erected,
enlarged, altered or used and any lot used or occupied for any of
the following purposes shall be provided with the minimum off-street
parking spaces as set forth herewith.
[Amended 8-5-2013 by Ord.
No. 2013-07; 2-6-2023 by Ord. No. 2023-01]
|
Purpose
|
Number of Spaces
| ||
|---|---|---|---|
|
Residential
| |||
|
Single-family detached
|
2 for each dwelling unit
| ||
|
Two-family and multifamily
|
2.25 for each dwelling unit
| ||
|
Rooming homes
|
2, plus 1 for each guest room
| ||
|
Group residences
|
1 for each occupant, plus 1 for each 500 square feet of habitable
floor space
| ||
|
Mobile home parks
|
2.25 for each rental space
| ||
|
Home occupations
|
2 for each dwelling unit, plus 1 for each nonresident employee,
plus 2 customer spaces for those home occupations involving customer
visits
| ||
|
Commercial and Services
| |||
|
Banks and credit unions
|
1 for each 100 square feet of customer area, plus 1 for each
employee
| ||
|
Beauty shops/parlors and barbershops
|
3 for each chair to be utilized in the business, plus 1 for
each employee on the peak shift
| ||
|
Bed-and-breakfast establishments and boardinghouses
|
1 for each room available for rent, in addition to the required
spaces for the existing dwelling
| ||
|
Flea markets
|
3 for each vendor, plus 1 for each employee (A vendor is considered
an employee.)
| ||
|
Funeral homes
|
1 for the greater of each 4 patron seats or 50 square feet of
gross floor area, plus 1 for each nonresident employee
| ||
|
Furniture or appliance sales
|
1 for each 300 square feet of gross floor area, plus 1 for each
employee on the peak shift
| ||
|
Medical/dental offices and clinics
|
4 for each practitioner, plus 1 for each employee on the peak
shift (Each practitioner is considered an employee.)
| ||
|
Motels and hotels (restaurants and other accessory uses viewed
separately)
|
1 for each rental unit, plus 1 for each employee on the peak
shift
| ||
|
Professional offices other than medical/dental offices and clinics
|
1 for each 200 square feet of total floor area
| ||
|
Restaurants and taverns
|
1 for each 2 customer seats, plus 1 for each employee on the
peak shift
| ||
|
Retail stores and personal services business not otherwise provided
for
|
1 for each 150 square of gross floor area, plus 1 for each employee
on the peak shift
| ||
|
Self-serve laundromats
|
1 for each 1.5 washing machines plus 1 for each employee on
the peak shift
| ||
|
Vehicle servicing and repair (including body shops)
|
3 for each bay, plus 1 for each employee on the peak shift
| ||
|
Wholesale store
|
1 for each 200 square feet of office and customer area, plus
1 for each employee on the peak shift
| ||
|
Government, Institutional and Educational
| |||
|
Churches or other places of worship
|
1 for each 4 seats, plus 1 for each 100 square feet of gross
floor area, plus 1 for each employee
| ||
|
Conservation (offices and educational)
|
1 for each 100 square feet of gross floor area, plus 1 for each
employee
| ||
|
Day-care homes or nursery schools
|
1 for each 8 students, 1 for each office and 1 for each employee
| ||
|
Educational institutions (kindergarten through high school)
|
1 for each employee, plus 1 for each 8 students 16 years of
age or older
| ||
|
Educational institutions (colleges, universities, technical
schools and trade schools)
|
1 for each employee, plus 1 for every 4 seats provided
| ||
|
Fraternal or civic meeting halls
|
1 for each 100 square feet of gross floor area, plus 1 for each
employee
| ||
|
Hospitals
|
1 for each 2 beds, plus 1 for each employee and visiting doctor
on the peak shift
| ||
|
Life-care facilities
|
1 visitor parking space for each 3 beds for patients, plus 1
for each employee on largest shift; in addition, at least 1 parking
space for each 2 beds or 1 apartment unit in congregate residences
shall be provided
| ||
|
Nursing or convalescent homes
|
1 for each 3 beds, plus 1 for each employee and visiting doctor
on the peak shift
| ||
|
Industrial and Manufacturing
| |||
|
Manufacturing and industrial
|
1 for each employee on the peak shift, plus 1 for each company
based vehicle
| ||
|
Warehouses, distribution centers, fulfillment centers, truck
terminals, and similar uses
|
1.1 per employee on the largest shift, plus one tractor-trailer
space located at each loading dock/bay, plus additional stacking/storage
spaces (minimum 14 feet by ‘74’) for tractor-trailers
in an amount greater or equal to 10% of the number of loading docks/bays
(with a minimum of 10 spaces) for the stacking/storage of tractor-trailers,
all directly accessible by adequate aisles or drives. The parking
and stacking design shall provide adequate area/spaces for the parking
and stacking of tractor-trailers that are awaiting entry to the loading/unloading
area to prevent the backup of tractor-trailer and/or other vehicles
onto a public street
| ||
|
Recreational
| |||
|
Amusement arcades
|
1 for each employee plus 1 for each 80 square feet of gross
floor area
| ||
|
Bowling alleys (restaurants and other accessory uses shall be
viewed separately)
|
4 for each lane, plus 1 for each employee
| ||
|
Commercial swimming pools
|
4 for each 100 square feet of swimming area, plus 1 for each
employee
| ||
|
Driving ranges
|
1 per golf tee, plus 1 for each employee
| ||
|
Gaming and off-track betting establishments
|
1 for each 10 square feet of floor area open to public access
or use, including related dining, restaurant, bar and snack bar areas,
plus 1 for each employee on the largest shift
| ||
|
Golf courses
|
6 for each golf tee, plus 1 for each employee
| ||
|
Horse-riding school or horse-boarding stable
|
1 for each 2 horses, plus 1 for each employee
| ||
|
Miniature golf
|
2 per golf hole, plus 1 for each employee
| ||
|
Private clubs
|
1 for each 2 customer seats, plus 1 for each employee on the
peak shift
| ||
|
Theaters, auditoriums, libraries, skating rinks, stadiums
|
1 for each 3 seats (bench capacity computed at 20 inches = 1
seat), plus 1 for each employee
| ||
B.
Handicapped parking. Handicapped accessible parking shall be provided
in accordance with the Americans with Disabilities Act, as it may
be amended from time to time.
C.
Surface.
(1)
All parking areas and all access drives for commercial or industrial uses shall have an all-weather surface constructed as specified in Chapter 390, Subdivision and Land Development.
(2)
Should pavement work be desired, it shall conform to the latest edition of the Pennsylvania Department of Transportation, Form 408, Specifications, and as per Chapter 390, Subdivision and Land Development.
(3)
Parking uses requiring a greater pavement capacity shall be constructed as specified in Chapter 390, Subdivision and Land Development.
NOTE: All specifications for proposed road uses shall be subject to approval by the Township Engineer at the developer's expense in accordance with Chapter 390, Subdivision and Land Development.
D.
Off-street truck loading.
(1)
Required loading spaces. Every building or structure, lot or land
hereafter put to a commercial or industrial use or an existing building
or structure enlarged shall provide one off-street truck loading and
unloading space for the first 5,000 square feet or less of gross floor
area, plus a minimum of one additional off-street truck loading area
for each additional 10,000 square feet of gross floor area.
(2)
Size of truck loading spaces. An off-street truck loading space shall
be a minimum of 12 feet in width and a minimum of 35 feet in length.
The manufacture, sale or storage of explosives shall only be
permitted in the Industrial District provided it is in compliance
with all state and federal standards. This shall not prohibit the
storage of gunpowder and primers to be used for reloading of ammunition
for personal use.
For the purposes of this chapter, the Township's roads shall
be classified according to the Official Roadway Classification List
available at the Township Building.
A.
Approval procedure.
(1)
The granting of a special exception shall be subject to the following
conditions and guiding principles:
(a)
Such use shall be one which is specifically authorized as a
special exception use in said district.
(b)
Such use shall only be authorized subject to any applicable
conditions and safeguards as required by this chapter.
(c)
Such use may be authorized subject to additional reasonable
conditions and safeguards as may be deemed necessary by the Board
to implement the purpose of this chapter.
(d)
Such use shall be found by the Board to be in harmony with the
general purposes and intent of this chapter.
(e)
Such use shall not adversely affect the character of the district,
nor the conservation of property values nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
(f)
Such use shall be of appropriate size and so located and laid
out in relation to its access streets that vehicular and pedestrian
traffic to and from such use will not create undue congestion or hazards
prejudicial to the general neighborhood.
(g)
The application complies with all criteria established for the
respective land use proposal addressed elsewhere in this chapter.
(h)
The proposed use does not substantially impair the integrity
of the Township's Comprehensive Plan.
(i)
All required front yard, side yards, open space areas, and height
limitations for the applicable zoning district have been met.
(j)
The off-street parking and truck loading provisions are in conformance with those specified in § 470-34 of this chapter.
(k)
Points of vehicular access to the lot are provided at a distance
from intersections and other points of access and in number sufficient
to prevent undue traffic hazards and obstruction to the movement of
traffic. All traffic studies and analyses shall be in accordance with
current Institute of Transportation Engineers (ITE) guidelines.
(l)
The location of the site with respect to the existing roads
giving access to it is such that the safe capacity of those roads
is not exceeded by the estimated traffic generated or attracted and
is not out of character with the normal traffic using said public
road.
(m)
The pedestrian access from the off-street parking facilities
is separated from vehicular access and sufficient to meet the anticipated
demand.
(n)
The proposed use is not incompatible with the existing traffic
conditions and adjacent uses and will not substantially change the
character of the immediate neighborhood.
(o)
Facilities are available to adequately service the proposed
use (e.g., fire, police, and ambulance protection, sewer, water, and
other utilities, etc.).
(p)
Screening of the proposed use from adjacent uses is sufficient
to prevent the deleterious impact of the uses upon each other.
(q)
The use of the site complies with the requirements of all other
public agencies having jurisdiction over the proposed use.
(r)
Operations in connection with a special exception use will not
be more objectionable to nearby properties by reason of noise, odor,
fumes, vibration, glare, or smoke than would be the operations of
any permitted use.
(2)
All applications for special exceptions and any exhibits that are
submitted with the application shall be submitted to the Planning
Commission for its review and recommendations.
(3)
In addition to any plan informational requirements for a specific
land use identified in this chapter, the special exception application
shall be accompanied by a scaled drawing of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter and shall include the following:
(a)
The location of all buildings, parking areas, traffic access
and circulation drives, open spaces, landscaping, and other pertinent
information.
(b)
The names and addresses of adjoining property owners, including
properties directly across a street right-of-way.
(c)
Ground floor plans and building elevations of proposed structures.
(d)
A written narrative of the proposed use in sufficient detail
to determine that all applicable standards are adequately addressed.
A.
Uses listed as conditional uses in each zoning district and on the
Use Schedule[1] shall require individual consideration in each case because
of their unique characteristics. Such conditional uses shall be referred
to the Planning Commission by the Township Commissioners for review
and recommendation and may be permitted only after a hearing and determination
by the Commissioners that such uses meet the standards in this chapter.
[1]
Editor's Note: The Use Schedule is attached to this chapter.
B.
Applicants for conditional uses shall submit plot plans in sufficient
detail to provide the Commissioners and the Planning Commission with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this chapter and shall include the following:
(1)
The location of all buildings, parking areas, traffic access and
circulation drives, open spaces, landscaping, and other pertinent
information.
(2)
The names and addresses of adjoining property owners, including properties
directly across a street right-of-way.
(3)
Ground floor plans and building elevations of proposed structures.
(4)
A written narrative of the proposed use in sufficient detail to determine
that all applicable standards are adequately addressed.
C.
Such conditional uses which are authorized by the Commissioners may
be subject to any additional conditions and safeguards established
by the Commissioners in each case which may be warranted by the character
of the areas in which such uses are proposed or by other special factors
and which are necessary to implement the purposes of this chapter.
(1)
The granting of a conditional use shall be subject to the following
conditions and guiding principles:
(a)
A conditional use shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable to the district where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening to protect adjoining areas; shall provide off-street parking and loading in keeping with § 470-34 of this chapter so as to minimize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience.
(b)
Such use shall be one that is specifically authorized as a conditional
use in said district.
(c)
Such use shall only be authorized subject to any applicable
conditions and safeguards as required by this chapter.
(d)
Such use may be allowed subject to such reasonable conditions
and safeguards (other than those related to off-site transportation
or off-site road improvements) in addition to those expressed in this
chapter, as may be deemed necessary by the Board of Commissioners
to implement the purposes of this chapter and the MPC.
(e)
Such use shall be found by the Board of Commissioners to be
in harmony with the general purposes and intent of this chapter.
(f)
Such use shall not adversely affect the character of the district,
nor the conservation of property values nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
(g)
Such use shall be of appropriate size and so located and laid
out in relation to its access streets that vehicular and pedestrian
traffic to and from such use will not create undue congestion or hazards
prejudicial to the general neighborhood.
(h)
Such use shall not conflict with the direction of building development
in accordance with any Comprehensive Plan or portion thereof which
has been adopted by the Township.
(i)
The application complies with all criteria established for the
respective land use proposal addressed elsewhere in this chapter.
(j)
The proposed use does not substantially impair the integrity
of the Township's Comprehensive Plan.
(k)
All required front yard, side yards, open space areas, and height
limitations for the applicable zoning district have been met.
(l)
The off-street parking and truck loading provisions are in conformance with those specified in § 470-34 of this chapter.
(m)
Points of vehicular access to the lot are provided at a distance
from intersections and other points of access and in number sufficient
to prevent undue traffic hazards and obstruction to the movement traffic.
All traffic studies and analyses shall be in accordance with current
Institute of Transportation Engineers (ITE) guidelines.
(n)
The location of the site with respect to the existing roads
giving access to it is such that the safe capacity of those roads
is not exceeded by the estimated traffic generated or attracted and
is not out of character with the normal traffic using said public
road.
(o)
The pedestrian access from the off-street parking facilities
is separated from vehicular access and sufficient to meet the anticipated
demand.
(p)
The proposed use is not incompatible with the existing traffic
conditions and adjacent uses and will not substantially change the
character of the immediate neighborhood.
(q)
Facilities are available to adequately service the proposed
use (e.g., fire, police, and ambulance protection, sewer, water, and
other utilities, etc.).
(r)
Screening of the proposed use from adjacent uses is sufficient
to prevent the deleterious impact of the uses upon each other.
(s)
The use of the site complies with the requirements of any other
public agency having jurisdiction over the proposed use.
(t)
Operations in connection with a conditional use will not be
more objectionable to nearby properties by reason of noise, odor,
fumes, vibration, glare, or smoke than would be the operations of
any permitted use.
D.
Hearing procedures. The Board of Commissioners shall conduct hearings
in accordance with the requirements of the MPC.
The following land use criteria, which shall be addressed by the applicant and reviewed by the Zoning Officer when permitted by right, or by the Zoning Hearing Board when permitted by special exception, or by the Board of Commissioners when permitted by conditional use (in addition to those items required by §§ 470-37 and 470-38). Where the regulations contained within the following land use criteria differ from those regulations contained within the district regulations in Article IV, the regulations contained herein shall apply.
This is limited to the following: adult bookstore, adult theater,
massage parlor or adult live entertainment facility.
A.
Purposes. The regulations on adult uses are intended to serve the
following purposes, in addition to the overall objectives of this
chapter:
(1)
To recognize the adverse secondary impacts of adult uses that affect
health, safety and general welfare concerns of the municipality. These
secondary impacts have been documented in research conducted across
the nation. These secondary impacts typically include, but are not
limited to. increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable disease, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(2)
To limit adult uses to locations where these secondary impacts can
be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free
speech" protections of the United States Constitution, but instead
to control secondary effects.
B.
No adult use nor its parking area shall be located within:
C.
No adult use shall be located within 1,000 lineal feet of any existing
"adult use."
D.
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines, with plantings of an
initial minimum height of five feet that create a visual barrier from
the adjoining properties.
E.
No pornographic material, displays or words shall be placed in view
of persons who are not inside of the establishment. Definite precautions
shall be made to prohibit minors from entering the premises.
F.
No adult use shall be used for any purpose that violates any federal,
state or municipal law.
G.
The adult use shall not include the sale or display of "obscene"
materials, as defined by Pennsylvania criminal law, as may be amended
by applicable court decisions.
H.
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
I.
No use may include live actual or simulated sex acts nor any physical
or sexual contact between employees and entertainers nor between employees
or entertainers and customers. At an adult live entertainment use,
employees or entertainers shall maintain a minimum distance of three
feet from customers.
J.
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful "adult live entertainment facility."
K.
Any application for such use shall state the names and home addresses
of a) all individuals intended to have more than a five-percent ownership
in such use or in a corporation or other entity owning such use; and
b) an on-site manager responsible to ensure compliance with this chapter
on a daily basis. Such information shall be updated at the beginning
of each year in writing to the Zoning Officer.
L.
The use shall not operate between the hours of 2:00 a.m. and 7:00
a.m.
M.
As a specific condition of approval under this chapter, the applicant
shall prove compliance with the following state laws, as amended (if
applicable): the Pennsylvania Liquor Code, Act 219 of 1990;[1] Act 207 of 1990 (which pertains to obscenity);[2] and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths among other
matters).[3]
A.
It is the intent of these requirements that new or existing farms
be regulated for the purpose of protecting the public health, safety
and welfare. The following restrictions shall apply on all lots of
10 or more acres in the R-1, R-2, RD, C Districts.
(1)
No structure other than a dwelling or residential accessory use shall
be constructed closer than 50 feet to any property line.
(2)
Except as provided for below, no new building in which livestock
are housed shall be located closer than 200 feet to any adjoining
lot line, except that the distance shall be 400 feet from any adjoining
residence or commercial building in which people are employed or work
and all building exhaust fans shall be directed away from the closest
residences or said commercial buildings. The location of manure storage
and processing facilities shall conform to the requirements of the
Pennsylvania Nutrient Management Act.[1]
[1]
Editor's Note: The Nutrient Management Act, 3 P.S. §
1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, §
3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A.
§ 501 et seq.
(3)
The spreading of manure is permitted, provided that when such procedure
is employed within 200 feet of a property line of any adjoining residence
or commercial building in which people are employed or work, the manure
shall be incorporated with the soil within 48 hours of spreading,
weather permitting, and within a reasonable time after spreading in
all other areas.
(4)
All grazing or pasture areas utilized for this purpose shall be fenced.
(5)
No manure storage shall be established closer than 100 feet to any
property line.
(6)
Notwithstanding anything contained in this chapter to the contrary,
all manure shall be managed in a manner to comply with the Clean Streams
Law and the practices prescribed by the Manure Management Manual.
A.
The subject tract shall front on and gain access from an arterial,
connector, or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
All activities shall be located within wholly enclosed buildings.
C.
The applicant shall produce evidence that the proposed land use will
not create a nuisance due to noise or loitering on the premises.
D.
The site shall be kept free of litter at all times in accordance
with a plan for the cleanup of litter to be provided by the applicant.
A.
The subject tract shall front on and gain access from either an arterial,
connector or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
Boarding areas shall be within wholly enclosed buildings, and any
outdoor animal pens, stalls, or runways also shall comply in all respects
with the yard requirements of this chapter for the principal building,
except that they shall be located no closer to the front lot line
than the rear wall of the principal building, and they may be located
in the rear yard if located at least 10 feet from any lot line.
C.
All pasture and outdoor recreation areas shall be fenced to prevent
the escape of animals, with such fencing having a setback of at least
25 feet from all property lines.
D.
Suitable control shall be exercised over the animals so that a nuisance
condition is not created in terms of excessive noise, dirt, or odor.
A.
Building-mounted antennas shall not be located on any single-family
dwelling or two-family dwelling.
B.
Building-mounted antennas shall be permitted to exceed the height
limitations of the applicable zoning district by no more than 20 feet.
C.
Omni-directional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
D.
Directional or panel antennas shall not exceed five feet in height
and three feet in width.
E.
Any applicant proposing an antenna to be mounted on a building or
other structure shall submit 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.
F.
Any applicant proposing an antenna to be mounted on a building or
other structure shall submit detailed construction and elevation drawings
indicating how the antenna will be mounted on the structure for review
by the Township Engineer.
G.
Any applicant proposing an antenna to be mounted on a building or
other structure shall submit evidence of agreements and/or easements
necessary to provide access to the building or structure on which
the antenna is to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
H.
Antennas shall comply with all applicable standards established by
the Federal Communications Commission governing human exposure to
electromagnetic radiation.
I.
Antennas shall not cause radio frequency interference with other
communications facilities located in Pocono Township.
J.
A communications equipment building shall comply with the height
and setback requirements of the applicable zoning district for an
accessory structure. Said equipment building shall be architecturally
designed to blend in with the surrounding environment and shall meet
the minimum setback requirements of the underlying zoning district.
Ground-mounted equipment shall be screened from view by suitable vegetation,
except where a design of nonvegetative screening better reflects the
architectural character of the neighborhood.
K.
The owner or operator of an antenna shall be licensed by the Federal
Communications Commission to operate such antenna.
The Zoning Hearing Board may allow the elimination of adjacent
side or rear yards on two or more adjacent lots, provided the following
conditions and standards are adhered to:
A.
No external modifications that would alter the residential character
of the dwelling, with the exception of fire escapes, are permitted.
B.
All floors above the ground level shall have an emergency escape
access to ground level.
C.
Breakfast, if offered, shall be available only for registered overnight
guests.
D.
The structure shall contain a minimum of 2,000 square feet of gross
floor area.
E.
There shall be no more than one bed-and-breakfast unit per 400 square
feet of gross floor area in the principal structure.
F.
All bed-and-breakfast units shall be contained within the principal
structure.
G.
The applicant shall furnish proof of approval from the Pennsylvania
Department of Labor and Industry.
A.
The subject tract shall front on and gain access from either an arterial
or collector road as identified in the Official Roadway Classification
List available at the Township Building, or a street in a proposed
subdivision or land development plan which conforms to prevailing
arterial or collector street design and improvement requirements.
B.
The minimum lot area shall be two acres in all districts.
C.
The applicant shall furnish evidence that systems for sanitary sewage
disposal and water supply have been approved by the appropriate agencies.
D.
No external modifications that would alter the residential character
of the dwelling, with the exception of fire escapes, are permitted.
E.
All floors above the ground level shall have a direct means of emergency
escape to ground level.
F.
All parking areas shall be at least 10 feet from all property lines.
G.
Meals shall be offered only to registered tenants.
A.
The minimum lot area for a campground shall be 20 acres.
B.
No individual campsite may be located closer than 100 feet to any
exterior property line of the campground. The land between the campsites
and exterior property line of the campground shall have sufficient
existing or planted trees and/or shrubbery to screen the campground
from the adjacent lands and to serve as a buffer.
C.
The maximum number of campsites within each campground shall not
exceed 10 per acre.
D.
All campsites designed for recreational vehicles shall have off-street
parking spaces for the recreational vehicle and for one passenger
vehicle. The parking spaces shall be level in a longitudinal direction
and shall be uniformly crowned in a transverse direction and shall
be 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.
E.
All campsites designed for tenting may be provided with on-site parking spaces in accordance with Article VIII of Chapter 390, Subdivision and Land Development, or may have a common parking area not over 300 feet from the most distant campsite. Common parking areas shall provide at least 1.5 spaces per campsite. The minimum area of each parking space shall be at least 200 square feet, exclusive of any aisle.[1]
F.
Streets within the campground shall conform to the following:
(1)
All campground streets shall conform to the requirements for private access streets as set forth in Chapter 390, Subdivision and Land Development, including double surface treatment.
(2)
One-way streets shall have a minimum right-of-way width of 20 feet
and shall be improved with a travel way not less than 15 feet in width.
(3)
Two-way streets shall have a minimum right-of-way width of 30 feet
and shall be improved with a travel way not less than 20 feet in width.
(4)
The minimum center-line radius of any interior campground street
shall not be less than 50 feet.
(5)
The maximum grade of any campground street shall not exceed 12%.
(6)
Drainage facilities shall be designed and constructed in accordance with the requirements of Chapter 365, Stormwater Management, of the Code of the Township of Pocono.
(7)
No campground street may be offered for dedication to Pocono Township.
Construction and maintenance of campground streets shall be the sole
responsibility of the developer or operator of the campground.
G.
All playground and recreation areas shall be at least 100 feet from
adjoining residential properties with the usage of these areas being
limited to registered campers and their guests.
H.
All campgrounds shall furnish centralized sanitary and garbage collection
systems that shall be located at least 100 feet from adjoining residential
properties and be appropriately screened. Campsites that are provided
with a connection to a centralized sewage system shall be located
within 750 feet of the sanitary facilities serviced by the same. There
shall be at least one showerhead for each sex for each 20 campsites.
I.
Any accessory commercial and/or service facilities shall be located
at least 100 feet from adjoining residential properties and shall
be limited to serve only the needs of the registered campers and their
guests. Direct access to these facilities from the public street is
prohibited. Appropriate screening shall be provided for these facilities
when they adjoin adjacent residential properties.
K.
Active or passive recreation areas shall comprise at least 20% of
the gross area of the campground.
L.
All sanitary sewer and water supply facilities shall be subject to
the approval of the appropriate authorities.
M.
All exterior lighting shall be designed and located in accordance
with current Illumination Engineering Society of North America (IESNA)
footcandle lighting standards so as to not produce a glare or direct
illumination onto abutting properties and streets.
N.
General standards and requirements.
(1)
All campgrounds shall be located on well-drained land; the average
natural slope of the area to be improved for campsites shall not exceed
10%.
(2)
The location and layout of the proposed campground shall be consistent
with the Township Comprehensive Plan.
(3)
No permanent campground structures or buildings or sewage collection
or disposal facilities shall be located within any defined one-hundred-year
floodplain area.
(4)
The proposed campground shall gain access from an arterial, connector or collector street, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements. Any public street which provides direct access to the proposed campground shall be free of traffic hazards and shall meet the geometric, grade and sight requirements for arterial, connector or collector streets as set forth in Chapter 390, Subdivision and Land Development.
(5)
The area improved for camping sites shall not exceed 50% of the total
gross area of the tract being developed as a campground.
(6)
No camping site may be occupied on a permanent basis.
O.
Each camping site shall have a minimum area of 2,500 square feet
exclusive of street rights-of-way and walkways.
P.
Electric service shall be provided to at least 75% of the campsites.
Such electric service shall be installed underground.
A.
A minimum lot area of one acre shall be provided for a cemetery.
B.
All burial plots and facilities shall be in accordance with the appropriate
setbacks of the governing zoning district.
C.
In no case shall any use relating to a cemetery be located within
the one-hundred-year floodplain of an adjacent watercourse.
A.
Churches and related uses standards.
(1)
The subject tract shall front on and gain access from either an arterial,
collector road, or a street that conforms to the prevailing arterial
or collector street design and improvement requirements.
(2)
The minimum lot area shall be two acres, and the minimum lot width
shall be 200 feet.
(3)
The impervious coverage, yard area, and building height requirements
of the applicable zoning district shall be maintained.
(4)
Church-related residences shall be accessory to, and located upon
the same parcel as, the church and subject to all of the underlying
zoning district's standards.
B.
Church-related educational or day-care standards.
(1)
All church-related educational or day-care facilities shall be accessory
to, and located upon, the same parcel as a house of worship.
(2)
If the church-related educational or day-care facility is offered
below the college level, an outdoor play area shall be provided. Such
facility shall include appropriate screening and buffering from adjacent
land uses.
(3)
Outdoor play areas shall not be located within the front yard and
must be set back a minimum of 50 feet from all property lines. Outdoor
play areas shall be completely enclosed by a minimum four-foot high
fence and screened from adjoining property. Outdoor play areas shall
only be used during normal hours of operation and not utilized between
10:00 p.m. and 8:00 a.m.; and all lighting of such areas shall not
be used after 10:15 p.m.
(4)
Student and child "drop-off areas" shall be provided and designed
to eliminate the need to cross traffic lanes on or adjacent to the
site. Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the church-related
educational or day-care facility, one off-street parking space shall
be provided for each employee, plus one for each eight students 16
years of age or older, plus one for each classroom, plus one for each
office. "Enrollment" shall be defined as the largest number of students
and/or children (or adults) under day-care supervision at any one
time during a seven-day period.
C.
Church-related recreation standards.
(1)
All church-related recreational facilities shall be accessory to,
and be located upon, the same parcel as a house of worship.
(2)
Church-related recreational facilities shall be set back 50 feet
from all property lines and street rights-of-way.
(3)
Outdoor play areas for individuals shall be completely enclosed by
a minimum four-foot high fence, and screened from adjoining property.
Outdoor play areas shall only be used during normal hours of operation
and not utilized between 10:00 p.m. and 8:00 a.m.
(4)
All lighting of outdoor facilities shall be designed and located
in accordance with current Illumination Engineering Society of North
America (IESNA) footcandle lighting standards so as to not produce
a glare or direct illumination onto abutting properties and streets.
Such lighting shall not be used after 10:15 p.m.
(5)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the church-related
recreational facility, one off-street parking space shall be provided
for every three estimated users of the facility.
A.
General requirements.
(1)
Material to be shredded may only be obtained from logging mills or
trees and may not be generated from scrap lumber. Tree stumps shall
be processed immediately if brought on site. The storing of tree stumps
is prohibited.
(2)
One identification sign may be erected. The sign must comply with the requirements of Article VII.
(3)
All of the product must be sold at wholesale.
B.
Site design requirements.
(1)
All "processing operations," which term includes processing facilities,
storage facilities and combined processing and storage facilities,
including any buildings related thereto, shall be set back a minimum
of 100 feet from any property line or street right-of-way line.
(2)
All processing operations must be set back at least 100 feet from
any well.
(3)
All processing operations must be set back at least 700 feet from
any residential district.
(4)
All processing operations must be set back at least 250 feet from
any residential dwelling.
(5)
Stockpiled materials storage sites shall be limited to 20 feet in
height with a maximum perimeter of 250 feet long and 50 feet wide.
The edges of any stockpile shall be at least 60 feet from the perimeter
fence, and that area shall be clear of debris or vegetation. All interior
fire breaks shall be at least 65 feet wide.
(6)
Tree debris may not be stored on wetlands, floodplains, ravines,
canyons or on steeply graded surfaces.
C.
Processing operations site safety requirements.
(1)
No open-air burning shall occur within 500 feet of any processing
operations site.
(2)
Smoking and the lighting of flames in or around the piles shall be
prohibited at the processing operations site. Lightning rods conforming
to state and local codes shall be placed on the site, but away from
the piles.
(3)
The owner of a processing operations site shall coordinate with local
fire and police departments so they can respond quickly to an emergency.
(4)
If there is a stream, lake or other body of water located in the
vicinity of the site, Fire Department drafting connection shall be
provided in accordance with the Fire Department's response plan.
(5)
All water supply systems shall be approved by the responsible local
authority.
(6)
Each fuel-fired vehicle operating at the processing operations site
shall be equipped with at least one 2A, 10B c-rated or higher portable
fire extinguisher.
D.
Site security and Fire Department access.
(1)
The perimeter of a processing facility shall have a chain-link fence
at least 10 feet high.
(2)
Each processing facility shall be provided with emergency vehicle
access routes, such that no portion of any material stockpile is more
than 450 feet from an access road or fire break. Access routes, or
fire breaks, through the piles shall have a clear width of at least
65 feet.
(3)
There shall be gates protecting each access point that can be locked
when a processing facility is closed. All gates shall have a twenty-foot
open width and remain unobstructed at all times. The gates shall have
rapid entry design compatible with Fire Department requirements. Electric
gates shall have default capabilities to the unlocked position.
(4)
All roads and accesses shall be designed to support loads imposed
by firefighting equipment. All bridges and structures, including drainage
structures on access roads, shall be capable of carrying a minimum
design load of HS-20 consistent with AASHTO to "Standard Specifications
for Highway Bridges." Access routes shall be surfaced with material
designed to permit accessibility under all climatic conditions.
(5)
All emergency vehicle accesses shall have unobstructed vertical clearance
of 14 feet or as needed for passage of large firefighting apparatus.
A minimum turning radius of 45 feet shall be provided for emergency
vehicles' access. All dead-end access in excess of 150 feet long shall
be provided with a turnaround area.
(6)
Accesses shall be well maintained and remain accessible to the Fire
Department at all times.
E.
Written management plan. A processing facility that accepts tree
stumps and tree debris shall prepare and implement a written plan
to the Township that addresses the management of tree stumps and tree
debris. The plan shall, at a minimum, consist of the following:
A.
In addition to the information required elsewhere in this chapter and Chapter 390, Subdivision and Land Development, applications for communication towers shall include the following information and documentation:
(1)
A report from a qualified and licensed professional engineer which:
(a)
Describes the communication tower height and design, including
a cross section and elevation;
(b)
Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation distances
between antennas;
(c)
Describes the communication tower's capacity, including the
number and type of antennas that it can accommodate;
(d)
Documents what steps the applicant will take to avoid interference
with established public safety telecommunications; and
(e)
Includes an engineer's license/registration number and seal.
(2)
A letter of intent committing the communication tower owner and his,
her or its successors to allow the shared use of the communication
tower if an additional user agrees in writing to meet reasonable terms
and conditions for shared use.
(3)
Before the issuance of a zoning/building permit, the following supplemental
information shall be submitted:
(4)
One copy of typical specifications for the proposed structures and
antenna, including description of design characteristics and material.
(5)
A site plan drawn to scale showing property boundaries, power location,
communication tower height, guy wires and anchors, existing structures,
elevation drawings depicting typical design of proposed structures,
parking, fences, landscape plan and existing land uses on adjacent
property.
(6)
Name and address of the owners of all antenna and equipment to be
located at the site as of the date of the application.
(7)
Written authorization from the site owner for the application, as
well as a copy of any written agreement or other documentation pursuant
to which the applicant has obtained the right to use the proposed
site.
(8)
Copy of valid FCC license for the proposed activity or proof that
the applicant is the winning bidder for an FCC license at auction
and that the final issuance of the FCC license purchased at auction
is pending.
(9)
A written agreement to remove the communication tower within 180
days of cessation of use. The applicant, 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 Commissioners,
but not less than $50,000, from a company and in a form and content
acceptable to the Board of Commissioners, to insure the removal of
the proposed communications tower and related cabinets, facilities
and improvements 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 communications facilities exist at the site.
(10)
The applicant must establish that the proposed antenna and equipment
could not be placed on a preexisting facility under the control of
the applicant and function under applicable regulatory and design
requirements without unreasonable modification.
(11)
A letter of intent committing the communication tower owner
and the common carrier(s) utilizing the communication tower and their
respective heirs, personal representatives, successors and assigns
to allow Pocono Township and any other governmental agency to utilize
the communication tower in the case of an emergency, upon reasonable
terms and conditions.
B.
Co-location requirements. All communication towers erected, constructed
or located within Pocono Township shall comply with the following
requirements:
(1)
A proposal for a new communication tower shall not be approved unless
the Board of Commissioners finds that the communications equipment
planned for the proposed communication tower cannot be accommodated
on an existing or approved communication tower or building within
Pocono Township and within a one-mile search radius of the proposed
tower if such one-mile search radius would include other municipalities,
due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
the existing or approved communication tower or building, as documented
by a qualified and licensed professional engineer and the existing
or approved communication tower cannot be reinforced, modified or
replaced to accommodate planned or equivalent equipment at a reasonable
cost.
(b)
The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the communication
tower or building as documented by a qualified and licensed professional
engineer, and the interference cannot be prevented at a reasonable
cost.
(c)
Existing or approved communication towers and buildings within
Pocono Township (or within the one-mile search radius if applicable)
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed professional
engineer.
(d)
Other unforeseen reasons that make it infeasible to locate the
planned equipment upon an existing or approved communication tower
or building.
(2)
Any proposed communication tower shall be designed, structurally,
electrically and in all respects to accommodate both the applicant's
antennas and comparable antennas for at least two additional users
if the communication tower is over 100 feet in height or for at least
one additional user if the communication tower is over 60 feet in
height. Communication towers must be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas mounted
at varying heights.
C.
Design requirements.
(1)
Communication towers and antennas shall be designed to blend into
the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities such as the Federal Aviation Administration.
(2)
Communication towers shall not be illuminated by artificial means
and shall not display strobe lights unless such lighting is specifically
required by the Federal Aviation Administration or other federal or
state authority for a particular tower.
(3)
All utility buildings and structures accessory to a communication
tower shall be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the
underlying zoning district. Ground-mounted equipment shall be screened
from view by suitable vegetation, except where a design of nonvegetative
screening better reflects the architectural character of the neighborhood.
(4)
The use of any portion of a communication tower for signs other than
warning or equipment signs is prohibited.
D.
Interference with public safety telecommunications. No new or existing
telecommunications service shall interfere with public safety telecommunications.
All applications for new antennas and/or communication towers shall
be accompanied by a study, performed and certified to by a radio frequency
engineer or other qualified individual, which provides a technical
evaluation of existing and proposed transmissions and indicates all
potential interference problems. Before the introduction of new service
or changes in existing service, telecommunication providers shall
notify Pocono Township at least 10 calendar days in advance of such
changes and allow Pocono Township to monitor interference levels during
the testing process.
E.
Abandoned or unused communication towers or portions of communication
towers. Abandoned or unused communication towers or portions of communication
towers shall be removed as follows:
(1)
All abandoned or unused communication towers and associated facilities
shall be removed within 180 days of the cessation of operations. A
copy of the relevant portions of any signed lease, license or other
agreement which requires the applicant to remove the communication
tower and associated facilities upon cessation of operations at the
site shall be submitted at the time of application. In the event that
a communication tower is not removed within 180 days of the cessation
of operations at a site, the communication tower and associated facilities
may be removed by Pocono Township and the cost of removal assessed
against both the applicant and the owner of the property on which
the communication tower and associated facilities exist.
(2)
Unused portions of communication towers above the manufactured connection
shall be removed within 180 days of the time of antenna relocations.
The replacement of portions of a communication tower previously removed
requires the issuance of a new zoning permit.
F.
Setbacks. The setback of the base of a communication tower from all
adjacent properties and/or lot lines shall be a distance equal to
100% of the antenna height or the building setback requirements for
the underlying zoning district, whichever is greater.
G.
The minimum lot area requirement for a communication tower use in an R-1 Low Density Residential District shall be the greater of 5.0 acres or the minimum area necessary to comply with the setback requirements of Subsection F above; provided, however, that other uses may be made of such a lot within an R-1 Low Density Residential District as long as no such other use is located within a distance equal to 100% of the antenna height measured from the base of the communication tower, and such other use is in compliance with all other Pocono Township ordinances. The minimum lot area requirement for a communication tower use in any other zoning district where the same is allowed shall be in accordance with the minimum lot area requirements set forth in this chapter for the applicable zoning district where the communication tower use is proposed or the minimum area necessary to comply with the setback requirements of Subsection F above, whichever is greater.
[Amended 1-17-2006 by Ord. No. 120]
H.
Antenna height. The maximum antenna height shall not exceed 150 feet
in any zoning district.
I.
Fencing. A security fence and gate, of approved design, of not less
than eight feet in height, shall completely enclose the communications
tower and anchor locations of guy wire (if used). This fencing shall
be designed to be compatible with surrounding land uses.
Includes uses customarily accessory to the principal use of
a lot permitted in the district and essential services provided by
public utilities. Accessory uses which are customarily subordinate
to the principal use of a lot or a building located on the same lot
and which serve a purpose customarily incidental to the use of the
principal dwelling or lot shall be permitted in each district. Such
uses include home gardening, but not the keeping of livestock, poultry
or fowl unless the livestock, poultry or fowl are accessory uses to
a permitted or nonconforming agricultural use, private garages or
parking areas, signs, off-street parking and loading, temporary tract
offices, unoccupied travel trailers and buildings and other uses customarily
appurtenant to other permitted, special exception or conditional uses.
Domestic animals kept as pets shall be permitted when such animals
are owned by the occupants of the property in which they are kept
and the animals are kept in accordance with public health, safety,
welfare and nuisance regulations based upon the types of animals and
the manner in which they are kept.
B.
Any such use shall have sufficient parking to serve the anticipated numbers of users and employees as specified in § 470-34 and shall have suitable street access without causing excessive traffic on local residential streets.
C.
All such buildings shall have a minimum lot size, minimum yards,
maximum building heights and maximum impervious coverage regulations
for the district in which they are located.
D.
If the day-care facility is offered for children below the high school
level, an outdoor play area shall be provided. Such facility shall
include appropriate screening and buffering from adjacent land uses.
E.
Outdoor play areas shall not be located within the front yard and
must be set back a minimum of 50 feet from all property lines. Outdoor
play areas shall be completely enclosed by a minimum four-foot high
fence and screened from adjoining property. Outdoor play areas shall
only be used during normal hours of operation and not utilized between
10:00 p.m. and 8:00 a.m.; and all lighting of such areas shall not
be used after 10:15 p.m.
F.
Dropoff areas shall be provided and designed to eliminate the need
to cross traffic lanes on or adjacent to the site.
A.
Except for a sign, there shall be no external evidence of any general
activity.
B.
Any such use shall have sufficient parking to serve the anticipated numbers of users and employees as specified in § 470-34 and shall have suitable street access without causing excessive traffic on local residential streets.
C.
All such buildings shall have a minimum lot size, minimum yards,
maximum building heights and maximum impervious coverage regulations
specified in the Use Schedule[1] for the district in which they are located.
[1]
Editor's Note: The Use Schedule is attached to this chapter.
A.
The subject tract shall front on and gain access from an arterial,
connector, or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial and collector street design and improvement
requirements.
B.
Drive-through lanes shall be designed for stacking of a minimum of
six vehicles and shall be separated from the internal circulation
system for the parking facilities.
C.
The applicant shall demonstrate that any external-internal microphone
system shall not operate in a manner that produces sound at a level
in excess of 55 db at any abutting property line.
D.
Exterior seating and/or play areas shall be completely enclosed by
a four-foot-high fence.
E.
No part of any structure on the subject property shall be located
within 200 feet of an existing residential structure within residential
zone.
F.
All lighting of outdoor facilities shall be designed and located
in accordance with current Illumination Engineering Society of North
America (IESNA) footcandle lighting standards so as to not produce
a glare or direct illumination onto abutting properties and streets.
G.
The site shall be kept free of litter at all times in accordance
with a plan for the cleanup of litter to be provided by the applicant.
Essential services buildings and structures shall be permitted
by right in all zoning districts, except that major facility essential
services shall not be permitted in the Conservation District (CD).
Such buildings and structures shall be permitted without regard to
the use, lot area, setbacks and impervious area regulations; provided,
however, that buildings erected for these services shall be subject
to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the building is located.
B.
Height of building or structure shall be as required by the district
regulations.
C.
Housed equipment. When the equipment is totally enclosed within a
building or cabinet, no fence or screen planting shall be required
and the yard shall be maintained in conformity with the district in
which the facility is located.
D.
Unhoused equipment shall be enclosed with a chain-link fence six
feet in height.
E.
Screen planting. The required equipment shall be screened in accordance with the requirements of this chapter and of Chapter 390, Subdivision and Land Development.
F.
The external design of the building shall be in conformity with the
buildings in the district.
G.
Storage of vehicles. In residential districts, newly permitted essential
services facilities shall not include the exterior storage of vehicles
or equipment used in the maintenance of any utility.
H.
No equipment causing excess noise, vibration, smoke, odor or hazardous
effect shall be installed.
A.
For all timber harvesting within Pocono Township when the total harvesting
area is two acres or more in the aggregate, the following shall apply:
(1)
Forestry operations shall be accomplished in such a way as to:
(2)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or PennDOT, whichever is responsible for maintenance
of the thoroughfare.
(3)
No tops or slash shall be left within 25 feet of any public thoroughfare,
property line or private roadway providing access to adjoining residential
property.
(4)
All tops and slash between 25 feet and 50 feet from a 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 the surface of the ground.
(5)
Logging may occur between 7:00 a.m. and 7:00 p.m. prevailing time,
but not on Sundays and legal holidays.
(6)
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
(7)
Because streams are an important natural resource which need special
protection, logging within 75 feet of each side of all streams is
prohibited unless all of the following conditions are met:
(a)
The basal area of trees in that area within the seventy-five-foot
zone shall not be reduced below 50% of the basal area present before
cutting.
(b)
Trees to be cut within the seventy-five-foot zone described
shall be marked above and below stump height with tree marking paint
prior to the start of logging.
(c)
A wetland study has been performed by an individual qualified
to do so.
B.
Requirements of all applicable state and federal laws and regulations shall be addressed prior to any timber harvesting. All permits required for timber harvesting shall be obtained as described in Article IX of this chapter.
C.
These provisions do not apply to the cutting of trees for the personal
use of the landowner or for precommercial timber stand improvement.
A.
The lot or property line of any gaming or off-track betting establishments
shall not be located within 500 feet of any residential district;
and no gaming or off-track betting establishment shall be located
within 500 feet of any building the use of which is principally residential.
B.
No gaming or off-track betting establishment shall be located within
500 feet of any building which contains, is used for or is associated
with, any one or more of the following specified land uses:
(1)
Adult entertainment facilities.
(2)
Amusement park.
(3)
Camp (for minor's activity).
(4)
Child-care facility.
(5)
Church, synagogue, mosque or other similar religious facility.
(6)
Community center.
(7)
Library.
(8)
Museum.
(9)
Park.
(10)
Playground.
(11)
School or educational facility.
(12)
Other lands where minors congregate.
C.
The lot or property line of any gaming or off-track betting establishment
shall not be located within 5,000 feet of the lot or property line
of another gaming or off-track betting establishment.
D.
The distance between any two gaming or off-track betting establishments
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each establishment. The distance between any gaming or off-track betting
establishments and any building which contains, is used for or is
associated with any land use specified above shall be measured in
a straight line, without regard to intervening structures, from the
closest point on the exterior of the building of such establishment
to the closest point on the exterior of the building which contains,
is used for or is associated with any said land uses.
E.
The proposed use shall not be detrimental to the use and enjoyment
of adjoining properties due to hours of operation, light, traffic,
noise and/or litter, and the applicant shall furnish expert evidence
to establish this.
F.
The gaming or off-track betting establishment will be controlled
so as not to constitute a nuisance due to noise or loitering outside
the building; the applicant shall furnish expert evidence as to how
this will be accomplished. In no event shall loitering be permitted
outside any such establishment.
G.
A litter control plan shall be established, maintained and paid for
by the applicant and/or property owner to ensure that neither the
property where the use is being conducted, nor adjoining properties,
will be littered. The proposed plan shall be furnished as part of
the application.
H.
No more than one gaming or off-track betting establishment may be
located within one building or shopping center.
I.
The applicant shall submit a land development application and plan in accordance with the requirements of Chapter 390, Subdivision and Land Development.
J.
The gaming or off-track betting establishment shall not create an
atmosphere of enticement for minors.
K.
All off-track betting establishments shall comply with the rules
and regulations of the Pennsylvania Horse and/or Harness Racing Commission
pertaining to nonprimary locations, as defined therein; and all gaming
and off-track betting establishments shall comply with all laws, rules
and regulations of the United States of America, the Commonwealth
of Pennsylvania, and the Township of Pocono.
L.
All gaming and off-track betting establishments shall comply with
the minimum lot area, height, impervious coverage and yard requirements,
for uses in the C Zoning District.
Governmental and educational uses include federal, state, county
and municipal buildings and uses, schools, colleges and other educational
institutions.
A.
Governmental and educational uses are subject to the requirements
of the district in which they are located. Consideration shall be
given to parking and traffic problems. (See definition of and regulations
for "regional impact developments.") If the nature of the building
or use is such that it will generate a high volume of traffic, then
the subject tract shall front on and gain access from an arterial,
connector, or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
The following items shall apply to public and private schools specifically:
(1)
All height, area, setback, and coverage standards within the applicable
zoning district shall apply.
(2)
All off-street parking facilities shall be set back at least 25 feet
and screened from adjoining properties by means of fences and/or plantings.
(3)
All structures shall be set back at least 100 feet from any adjoining
land within a residential zone.
(4)
Any outdoor recreation areas shall be screened from adjoining residentially
used or residentially zoned properties by means of fences or plantings.
(5)
Passenger dropoff and pickup areas shall be provided and designed
so that there is no cross-traffic pedestrian circulation.
Group-care facilities include emergency shelters for the homeless,
shelters for abused persons and treatment centers.
A.
Emergency shelter for homeless.
(1)
The emergency shelter for homeless shall be sponsored and supervised
by a government agency or a nonprofit organization;
(2)
The applicant shall provide a letter from the Township Building Code
Official stating that the structure has been inspected within the
past two months and that it meets minimum code requirements for the
intended use;[1]
(3)
The maximum number of residents shall be indicated at the time of
application, and that number, not including employees, shall not exceed
any applicable minimum space requirements.
B.
Shelter for abused persons.
(1)
The shelter for abused persons shall be sponsored and supervised
by a government agency or a state-registered or certified organization;
(2)
The applicant shall provide a letter from the Township Building Code
Official stating that the structure has been inspected within the
past two months and that it meets minimum code requirements for the
intended use;[2]
(3)
The maximum number of residents shall be indicated at the time of
application, and that number, not including employees, shall not exceed
any applicable minimum space requirements;
(4)
The applicant shall provide sufficient evidence to the Zoning Hearing
Board that the security measures to be provided will provide adequate
protection to the residents of the facility.
C.
Treatment center.
(1)
The applicant shall indicate the nature of the residents to be served
and the type of treatment/care to be provided, including whether or
not any counseling or other services will be provided for nonresidents;
(2)
The applicant shall provide evidence that the treatment center is
sponsored and operated by an agency licensed, registered or certified
by an applicable county, state, or federal program. The operators
of the facility shall notify the Township in writing within 14 days
if there is a change in the type of residents, the sponsoring agency,
or maximum number of residents or if the license/registration/certification
expires, is suspended or withdrawn;
(3)
If the facility is a temporary residence for the clients, the maximum
number of clients shall be indicated at the time of application, and
that number, not including employees, shall not exceed any applicable
minimum space requirements;
(4)
The facility shall have twenty-four-hour-on-site supervision by professionals
trained to supervise the types of clients to be served by the facility;
(5)
If a facility will house persons presenting a potential physical
threat to the safety of nonresidents, the facility operator shall
provide evidence that sufficient staffing and other security measures
will be provided;
(6)
The facility shall be located a minimum of 1,000 linear feet from
any other such existing/approved facility.
A.
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
B.
The applicant shall furnish evidence of obtaining a license from
the Pennsylvania Department of Transportation Bureau of Aviation prior
to the issuance of a zoning permit.
C.
Additionally, no pad for any helipad shall be within 300 feet of
any property line.
A use conducted for gain within a dwelling by the residents
thereof, which use is clearly incidental and secondary to the use
for dwelling purposes, does not change its character and which complies
with the following:
A.
The use shall not exceed 25% of the combined gross floor area of
the dwelling and permitted accessory structures or 500 square feet,
whichever is less.
B.
The person conducting the home occupation must be a resident of the
dwelling.
C.
Home occupations shall only be permitted in single-family dwellings
and permitted accessory structures.
D.
No more than one home occupation is permitted per resident per dwelling, provided that all home occupations conducted on the premises, in the aggregate, shall not exceed the area limitations set forth in Subsection A above.
E.
No more than two nonresident employees in the aggregate for all home
occupations conducted at the premises shall be permitted.
F.
The home occupation shall not require the delivery of goods or materials
by trucks larger than a single-unit truck (SU) design vehicle as defined
in A Policy on Geometric Design of Highways and Streets, latest revision,
American Association of State of Highway and Transportation Officials
(AASHTO).
G.
The home occupation shall not require or involve regular visitation
from customers, clients, salespersons, vendors, subcontractors, etc.
For purposes of this provision, visitation by more than three customers,
clients, salespersons, vendors, subcontractors, etc., per hour or
more than 15 customers, clients, salespersons, vendors, subcontractors,
etc., in the aggregate per twenty-four-hour period shall constitute
regular visitation.
H.
No equipment, materials or appurtenances related to the home occupation
shall be stored or displayed outdoors. Storage area shall constitute
a part of and be included in the calculation of the permitted home
occupation aggregate area.
I.
No materials or merchandise shall be visible at or beyond the property
lines. No equipment associated with the home occupation shall be visible
from the exterior of the dwelling.
J.
No indication of the home occupation shall be visible other than
one two-sided sign no larger than two square feet. The sign must conform
to the requirements of this chapter.
K.
The exterior appearance of the premises shall be constructed and
maintained as a residential dwelling.
L.
No discharge is permitted into a reservoir, sewer, storm drainage
system, stream, open body of water or ground of any materials in such
a way or of such a nature or temperature that could contaminate any
water supply or damage or be detrimental to any sewer system, septic
system or sewage treatment facility or otherwise cause the emission
of dangerous elements.
M.
No equipment or process shall be used in such home occupation that
creates vibration, glare, fumes, odors or electrical interference
detectable off the premises. In the case of electrical interference,
no equipment or process shall be used which creates visual or audible
interference in any radio or television receiver or cause fluctuations
in line voltage off the lot.
N.
A Pocono Township zoning permit is required for all home occupations. Applications for a zoning permit shall be made to the Pocono Township Zoning Officer pursuant to § 470-121 of Article IX of this chapter, on forms provided by Pocono Township. If application is approved and a zoning permit issued, the applicant agrees to allow inspections, as required by the Zoning Officer, to verify that the home occupation use is in compliance with this chapter and the zoning permit issued.
A.
Minimum lot area: five acres.
B.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized.
C.
The subject tract shall front on and gain access from a connector
or collector road as identified in the Official Roadway Classification
List available at the Township Building, or a street in a proposed
subdivision or land development plan which conforms to prevailing
arterial, connector or collector street design and improvement requirements.
D.
All buildings and structures shall be set back at least 50 feet from
all side and rear property lines.
E.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially zoned properties or residential uses.
F.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous wastes.
The keeping of equine animals shall meet the following conditions:
A.
The minimum lot area required for the keeping of one equine animal
shall be three acres. This minimum lot area shall be increased by
1 1/2 additional acres for each additional equine animal kept.
B.
Maintaining equine animals shall be on a noncommercial basis and
be strictly as an incidental use.
C.
The area within which equine animals are kept shall be enclosed by
a fence designed for containment.
D.
No building, corral, fence, or stable shall be closer than 100 feet
to the nearest dwelling other than that of the owner, nor within 50
feet of any property line.
E.
The owner of the equine animal(s) shall exercise such control as
is necessary to prevent the equine animal(s) from leaving the property
when not being ridden or transported. The owner shall not allow a
nuisance condition to be created in terms of excessive noise, dirt
or odor.
Wild or exotic animals held in captivity shall be limited to
lots located in the Commercial District, with a minimum lot area of
three acres or greater, and shall be subject to the following additional
requirements:
A.
The number of such animals shall not exceed the equivalent of one
animal unit per acre.
B.
Said animals shall be maintained only within the rear yard area.
C.
The building or area within which such animals are kept shall be
enclosed by a fence or other form of enclosure designed for containment.
D.
Such fence or other form of enclosure shall be at least 50 feet from
any lot line and not closer than 100 feet to the nearest dwelling
other than that of the owner.
E.
The owner of such animals shall exercise control over the animals
and shall not allow a nuisance condition to be created in terms of
excessive noise, dirt, or odor.
F.
All such animals shall be maintained in accordance with the regulations
and/or permit requirements of the Pennsylvania Game Commission and
other applicable agencies.
A.
The minimum lot area requirement shall be two acres.
B.
Animal boarding buildings that are not wholly enclosed and any outdoor
animal pens, stalls, or runways also shall comply in all respects
with the yard requirements of this chapter for the principal building,
except that they shall be located no closer to the front lot line
than the rear wall of the principal building, and they may be located
in the rear yard if located at least 10 feet from any lot line.
C.
Animal boarding buildings that are not wholly enclosed and any outdoor
animal pens, stalls or runways shall be a minimum of 100 feet from
all property lines.
D.
Outdoor running areas shall be fenced in a manner that restricts
access and provides for a full enclosure. All enclosures shall be
a minimum of 50 feet from all property lines.
E.
All animal wastes shall be regularly removed and disposed from the
premises.
F.
The owner/operator of the kennel shall be responsible to exercise
suitable control over the animals and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor.
A.
General.
(1)
The life-care facility and accessory facilities shall be designed
and used to serve its residents and their guests only.
(2)
The life-care facility shall be planned, developed, and operated
according to a unified plan under the direction of a single owner
or agent for the owner.
(3)
The life-care facility may include a community center in which an
auditorium, activity rooms, craft rooms, library, lounges, or similar
recreational facilities for members of the life-care facility may
be included. Additional facilities provided as part of the life-care
facility may include:
(a)
Dining facilities;
(b)
Medical facilities, including treatment, nursing and convalescent
facilities;
(c)
Office and retail service facilities designed and adequate to
serve only the members of the life-care facility, including but not
necessarily limited to doctor's offices, pharmacy, gift shop, coffee
shop, bank, barber- or beauty shop;
(d)
Congregate residences.
B.
Area and bulk regulations. The following area and bulk regulations
shall apply:
(1)
The minimum lot area shall be two acres, plus:
(a)
Eight hundred square feet per patient bed; and
(b)
Five thousand square feet per individual room or apartment unit
in congregate residences; and
(c)
Three times the gross floor area of permitted and housed accessory
uses, such as the community center and personal service shops, but
not including the recreational common open areas.
(2)
The minimum front, side and rear yards shall conform to the requirements
of the zoning district in which they are located. In addition, the
maximum building height shall conform to the requirements of the zoning
district in which they are located.
(3)
The maximum impervious area shall be 65%.
C.
Density. The maximum gross density within a life-care facility shall
not exceed eight dwelling units per acre. For the purposes of this
section, four beds for patient, resident and/or staff person use provided
within a medical facility within the life-care facility shall be deemed
the equivalent of one dwelling unit. Two apartment units in a congregate
residence shall also be deemed the equivalent of one dwelling unit.
D.
Site design requirements.
(1)
Residential uses.
(a)
Structures shall be located and arranged so as to promote privacy
for residents within the life-care facility and maintain privacy for
residents adjacent to the life-care facility. Structures shall be
located within the development so that there will be no adverse impact
such as excluding natural light or invading the privacy of adjacent
structures.
(b)
Structures shall be located and sited so as to promote pedestrian
and visual access to common open space wherever possible. Routes for
vehicular and pedestrian access and parking areas shall be convenient
without creating nuisances or detracting from the privacy of residents.
(c)
Structures located along the perimeter of the tract shall be
designed so as to be harmonious with adjacent areas.
(2)
Nonresidential uses.
(a)
All nonresidential uses shall be located in a single area of
the life-care facility site.
(b)
All nonresidential uses shall be located with direct access
to either a collector or arterial street.
(c)
Signs for nonresidential uses are permitted, subject to the
signage requirements of this chapter.
(d)
All nonresidential uses shall have architectural compatibility
with residential structures.
(e)
Parking facilities for nonresidential uses shall be designed
solely for the intended use and shall be physically separated from
other parking areas in the development.
E.
The following additional requirements shall apply:
(1)
No parking area shall be located within the yard requirements.
(2)
No structure shall be within 25 feet of the parking areas.
(3)
No structure shall be located within 30 feet of any other structure.
(4)
Sufficient exterior nighttime illumination of the parking area shall
be required to provide convenience and safety. All such illumination
shall be shielded from view of all surrounding streets and lots.
(5)
All buildings shall be of fire-resistant construction and shall have
a fire sprinkler or other-fire suppression system.
(6)
All permitted uses shall be served by public water and public sewer
systems, if available.
F.
Common open space.
(1)
The location, shape, size and character of the common open space
should take into consideration the natural features and physical characteristics
of the site.
(2)
Whenever possible, common open space shall be designed as a contiguous
area between residential areas, with pedestrian and visual access
available to all residents of the life-care facility.
(3)
Significant natural features such as woodland areas, steep slopes,
floodplain areas, large trees, natural watercourses and bodies of
water, rock outcroppings, and scenic views shall be incorporated into
the common open space whenever possible; provided, however, that not
less than 25% of the total common open space shall be suitable and
designed for use as an active recreation area.
(4)
Areas designated for common open space shall contain no structures
other than those directly related to outdoor recreational uses and
structures associated with utilities.
(5)
The common open space shall be owned and maintained under the direction
of a single owner or agent for the owner.
G.
Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks. Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in Chapter 390, Subdivision and Land Development. Performance and maintenance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of Chapter 390, Subdivision and Land Development.
H.
Other utilities.
All the activity shall be carried on in an enclosed building,
except for off-street parking and loading facilities and incidental
storage. Light manufacturing uses include the manufacture of food
products, grain processing and milling, the fabrication, processing,
assembling, repairing, testing, packing and/or storing of any type
of product made from previously prepared materials such as cloth,
plastic, food, paper, glass, leather, metals, stones, electronic components
and other materials; provided, however, that except for the storing,
milling and processing of grain, the processing of raw materials is
not permitted nor is the storage of junk or the production of fish
or meat products, sauerkraut, vinegar or the like or the rendering
of fats and oils.
Except to the extent that they have been superseded and preempted
by the following Pennsylvania Laws: the Surface Mining Conservation
and Reclamation Act;[1] the Noncoal Surface Mining Conservation and Reclamation
Act;[2] the Oil and Gas Act;[3]and/or the Bituminous Mine Subsidence and Land Conservation
Act,[4] mineral recovery operations shall comply with the following
terms and conditions:
A.
Extraction of minerals shall be undertaken only from minerals occurring
naturally on the property. Spoil piles, slag, solid waste, or other
materials shall not be brought to the property for the extraction
of minerals, except for asphalt if an asphalt manufacturing plant
is to be operated as an accessory use, or materials necessary for
the manufacture of ready mix concrete if a ready mix concrete manufacturing
plant is approved as a special exception.
B.
No quarry or surface mine shall generate or emit air pollutants or
noise in excess of standards established by the Commonwealth of Pennsylvania.
C.
All quarries or surface mines, or other areas where minerals are
extracted by the surface mining method shall comply with the requirements
of the Surface Mining Conservation and Reclamation Act and its rules
and regulations and/or any other applicable state law, rules and regulations,
as presently existing or as may be hereafter enacted or promulgated,
which rules and regulations are incorporated herein by reference.
Any violation of any such statute, rule or regulation shall constitute
a violation of this chapter.
D.
All quarries or surface mines, or other areas where minerals are
extracted by the surface mining method, excluding extraction of minerals
by a landowner for his own noncommercial purposes from land owned
or leased by him, but including all other extraction shall be licensed
under the Surface Mining Conservation and Reclamation Act[5] and/or any other applicable state law.
[5]
Editor's Note: See 52 P.S. § 1396.1 et seq.
E.
Gates, which shall be locked except during business hours, shall
be located at all entrances.
F.
All explosives shall be stored in a permanent building adequately
locked in accordance with the state law, rules and regulations.
G.
All blasting operations shall conform to the latest regulations of
the Pennsylvania Department of Mines and Mineral Industries and also
with all applicable federal laws, rules and regulations. Blasting
shall not be permitted between 5:00 p.m. and 7:00 a.m. the following
day.
H.
Minimum lot size for any quarry or mining operation shall be five
acres, except for the expansion of an existing quarry or mining operation
in an adjoining municipality to an area within Pocono Township.
I.
All applicable rules and regulations promulgated by the Pennsylvania Department of Environmental Protection, 25 Pa. Code Chapters 77 and 123, are incorporated herein by reference as though more fully set forth herein. Any violation of any such regulation shall constitute a violation of this chapter, and shall be subject to enforcement and penalties as set forth in Article IX of this chapter.
J.
The applicant shall file with the Township duplicate sets of applications
and supporting data submitted to the Department of Environmental Protection
as part of any mining application. A copy of each permit or violation
issued to the applicant by the Department of Environmental Protection
shall be filed with the Township within two weeks of receipt by the
operator.
K.
Waste product containers shall be screened and set back at least
100 feet from any adjoining public road or property boundary.
Mobile home parks are subject to the requirements of Chapter 390, Subdivision and Land Development.
A.
Minimum lot area. Two acres or 800 square feet per patient bed, whichever
is greater.
B.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be utilized.
C.
Off-street parking lots and loading areas shall be screened from
adjoining residentially zoned lands.
A.
Off-street parking shall be provided at least 25 feet from all street
rights-of-way, and parking compounds shall be at least 30 feet from
any adjoining residential property.
B.
Any outdoor recreational facilities shall be located at least 50
feet from any property line.
C.
Screening shall be provided adjacent to any residential land use.
A.
The subject tract shall front on and gain access from either an arterial,
connector, collector road as identified in the Official Roadway Classification
List available at the Township Building, or a street in a proposed
subdivision or land development plan which conforms to prevailing
arterial or collector street design and improvement requirements.
B.
The applicant shall demonstrate that access to and the design of
the parking facilities shall not create vehicle backups onto existing
abutting streets.
C.
The maximum building coverage shall be no greater than 40%.
D.
The maximum impervious coverage shall be no greater than 70%.
E.
The minimum landscaped area shall be no less than 30%.
F.
Off-street parking shall not be permitted within 10 feet of any property
line and/or right-of-way.
A.
All tracts with commercial recreation facilities shall front on and
gain access from an arterial, connector, or collector road as identified
in the Official Roadway Classification List available at the Township
Building, or a street in a proposed subdivision or land development
plan which conforms to prevailing arterial and collector street design
and improvement requirements.
B.
Uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures in accordance with Chapter 390, Subdivision and Land Development, to prevent any reasonable harm on adjoining properties.
C.
Required parking shall be provided based on the type or types of use proposed on the premises, in accordance with the requirements of § 470-34. Where multiple uses are proposed, the applicant shall demonstrate that the parking that has been proposed is adequate to accommodate the proposed uses.
D.
All entrances to the commercial recreation facility shall be designed
so that vehicle backup on abutting roads does not occur.
A.
The regional impact development and the individual uses within the
development shall comply with the following height, bulk, coverage
and area regulations:
(1)
The minimum lot area of the regional impact development, excluding
existing street rights-of-way, shall be five contiguous acres.
(2)
The minimum lot width of the regional impact development shall be
300 feet measured at both the street right-of-way line and the building
setback line.
(3)
The minimum lot depth of the regional impact development shall be
500 feet measured at the narrowest part of the development between
any existing street right-of-way and the opposite rear property line,
or in the case of a corner lot, from the opposite side property line.
(4)
Yards within regional impact developments. Part of the required yard area may be used for the purpose of meeting off-street parking requirements subject to, however, the requirements of § 470-34. Yards of the following minimum size shall be provided:
(a)
Front yard minimum depth. The minimum building line from all
streets shall be twice the requirement of the underlying zoning district.
(b)
Side yard. The minimum side yard shall be 50 feet. In the case
of a shopping center, there will be no side yard requirement between
buildings which form a continuous structure when located within the
shopping center; provided, however, that no building shall be located
closer than 50 feet from any side property line.
(c)
Rear yard. The minimum rear yard shall be 50 feet. In the case
of a shopping center, there will be no rear yard requirement between
buildings which form a continuous structure when located within the
shopping center; provided, however, that no building shall be located
closer than 50 feet from the rear property line.
(5)
Maximum impervious coverage. Not more than 70% of the area of the
lot shall be covered with impervious surface. However, this maximum
impervious coverage shall be increased to 75% of the area of the lot
where more than 1/2 of all parking spaces within the lot are located
behind the front building line.
(6)
Maximum building coverage. Not more than 60% of the area of the lot
shall be covered by buildings.
(7)
Minimum landscape area. Not less than 30% of the area of the lot
shall be covered by vegetation materials. However, this minimum landscape
area shall be reduced to 25% of the area of the lot where more than
1/2 of all parking spaces within the lot are located behind the front
building line.
B.
The regional impact development shall front and have all of its primary points of access onto arterial, connector or collector streets as identified in the Official Roadway Classification List available at the Township Building. Internal vehicular circulation shall be designed in accordance with any requirements of Chapter 390, Subdivision and Land Development. Ingress and egress to the development shall be provided through two or more controlled access points that are designed to handle the traffic generated by the site in a safe and efficient manner.
C.
The applicant shall provide a traffic evaluation study, prepared in accordance with any requirements of Chapter 390, Subdivision and Land Development, indicating that adverse traffic conditions are minimized.
D.
Sufficient off-street parking shall be provided for each use; however,
where it can be shown to the satisfaction of the Township Board of
Commissioners that various uses within a regional impact development
will be generating parking needs at different times of the day or
week, or that various uses when combined in a regional impact development
will generate reduced parking needs than if the uses were not combined,
the amount of parking may be reduced accordingly. Parking compounds
and internal vehicular circulation patterns shall be designed to prevent
traffic that is utilizing any facility within the development from
backing onto public streets.
E.
Where a regional mass transit system provides service along a street
adjacent to the development or where such a system is proposed as
part of an adopted municipal or regional transportation plan to serve
the area of the development, appropriate drop-off and shelter facilities
shall be located along such street, or within such development, or
at some alternate location, as may be required by the Board of Commissioners,
mass transit company, or other applicable municipal agency.
F.
Clearly defined internal pedestrian circulation patterns shall be provided within the regional impact development. Pedestrian crossing of vehicular traffic areas should be eliminated wherever possible. Sidewalks shall be provided in accordance with any requirements of Chapter 390, Subdivision and Land Development. The internal pedestrian circulation system shall be coordinated with the pedestrian circulation system along the existing streets and on abutting properties.
G.
Exterior lighting shall be required, in accordance with Chapter 390, Subdivision and Land Development, to provide convenience and safety for people utilizing the facilities within the development; however, all such lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
H.
No use shall emit any obnoxious noise, glare, dust, odor, vibration,
electrical disturbance, smoke, toxic gas, radiation, heat or any other
objectionable impact beyond the lot line of the facility.
I.
All outdoor storage, parking, loading/unloading areas, refuse areas, sewage treatment facilities, water treatment facilities, aboveground fuel storage facilities (propane tanks, etc.) shall be screened from adjoining properties that are within a residential zoning district. Said screening shall be provided in accordance with any design requirements of Chapter 390, Subdivision and Land Development.
J.
In addition to the screening requirements of this chapter and Chapter 390, Subdivision and Land Development, the developer shall be responsible for providing landscaping throughout the entire regional impact development in accordance with a landscape plan designed by a registered landscape architect. Said plan shall provide a uniform, cohesive and visually attractive landscape for the development that also de-emphasizes that size and bulk of the development so that it is visually compatible with the surrounding neighborhood.
K.
As part of any application for a conditional use, the applicant shall also be required to show that any individual use within a regional impact development also complies with all other regulations specifically set forth in Article V of this chapter for that individual use.
L.
Where a proposed development is 1) an extension, expansion or revision
of a development existing prior to the adoption of this chapter; and
2) where the combination of the existing use(s) and the proposed extension(s),
expansion(s) or revision(s) would qualify as a regional impact development,
the requirements of this section shall be considered only if the proposed
extension(s), expansion(s) or revision(s) exceed 10% of the existing
use(s) or 10,000 square feet, whichever is greater.
M.
Where a multi-phase regional impact development is proposed, the
application for a conditional use shall include the entire development;
however, the applicant may provide a phasing schedule, subject to
the approval of the Board of Commissioners, for all site improvements
and for all transportation and traffic improvements which shall coincide
with the phasing of the development.
A.
The subject tract shall front on and gain access from an arterial,
connector, or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
No part of the subject property shall be located within 200 feet
of any residential district.
C.
All lighting of outdoor facilities shall be designed and located
in accordance with current Illumination Engineering Society of North
America (IESNA) footcandle lighting standards so as to not produce
a glare or direct illumination onto abutting properties and streets.
D.
The applicant shall furnish evidence identifying how the use will
be controlled and will not constitute a nuisance due to noise, light,
or loitering outside the building.
E.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
A.
All driveways, parking areas, and loading zones shall be surfaced and maintained in a manner prescribed as per § 470-34 of this chapter. Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.
B.
The display, sale, or repair of motorized nursery or garden equipment
shall not be permitted.
C.
All outdoor display areas shall be set back at least 25 feet from
the street right-of-way line.
D.
All structures and parking and loading facilities shall be screened
from residentially zoned properties.
E.
Storage and application of pesticides and fertilizers shall be in
accordance with applicable state and federal laws.
F.
All lighting of outdoor facilities shall be designed and located
in accordance with current Illumination Engineering Society of North
America (IESNA) footcandle lighting standards so as to not produce
a glare or direct illumination onto abutting properties and streets.
A.
Minimum lot area: 10 acres. The number of horses permitted shall
be based on a minimum of one acre per 1 1/2 animals maintained
or each stall provided, whichever is greater.
B.
All animals except while exercising or pasturing shall be kept within
a completely enclosed building which was erected or maintained for
that purpose.
C.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot-high fence, which is located at
least 25 feet from all property lines.
D.
Any structure used for the boarding of horses shall be set back at
least 200 feet from any property line.
E.
All stables shall be maintained so to minimize odors perceptible
at the property line.
F.
All parking compounds and unimproved overflow parking areas shall
be set back at least 20 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
G.
No manure storage facility or area shall be established closer than
150 feet to any property line.
A.
The minimum lot area requirement shall be five acres.
B.
The outdoor junk storage area shall be completely enclosed by a minimum
eight-foot high sight-prohibitive fence which shall be set back not
less than 50 feet from all property lines.
C.
All buildings used to store junk shall be wholly enclosed and set
back at least 50 feet from all property lines.
D.
No salvage material shall be stored so as to be visible over the
sight prohibitive fence from the property line and/or right-of-way
line.
E.
Screening shall be required when the proposed use is located adjacent
to a nonindustrial use or nonindustrial district.
F.
All additional federal and state laws shall be complied with.
G.
The setback area between the fence and property line shall be kept
free of refuse and debris.
H.
All junk shall be stored or arranged to permit reasonable access
by firefighting equipment and to prevent the accumulation of water.
Stormwater shall be drained in a manner that does not result in chemical
residues being discharged from the site.
I.
No material shall be burned at any time.
J.
No junkyard shall be located on lands with an average slope of greater
than 5%.
K.
A certificate of use shall be issued for a period of one year, and
shall be subject to annual renewal.
The following shall specifically apply to self-service storage
facilities:
A.
The subject tract shall front on and gain access from an arterial,
collector, or connector road as identified in the Official Roadway
Classification List available at the Township Building.
B.
Off-street parking shall be provided in accordance with the requirements
of this chapter for warehousing (nonretail).
C.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only, and at least 30 feet wide where
cubicles open onto both sides of the lane.
D.
Required parking may not be rented as, or used for, vehicular storage.
However, additional external storage may be provided for the storage
of operable and properly licensed/registered privately owned travel
trailers and/or boats, so long as such external storage area is screened
from adjoining residentially zoned land and adjoining roads, and is
located behind the minimum front yard setback line. This provision
shall not be interpreted to permit the storage of partially dismantled,
wrecked, or inoperative vehicles.
E.
All storage other than that provided for under Subsection D shall be kept within an enclosed building, except that storage of flammable, highly combustible, explosive or hazardous chemicals or materials shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F.
Because of the danger from fire or explosion caused by the accumulation
of vapors from flammable materials, the repair, construction, or reconstruction
of any boat, engine, motor vehicle, or furniture is prohibited.
G.
No door openings for any self-service storage unit shall be constructed
facing any adjacent residentially zoned property.
H.
Prohibited uses.
(1)
Self-service storage facilities shall be used solely for the dead
storage of property. The following lists examples of uses expressly
prohibited on the site:
(a)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment.
(b)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(c)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all self-service
storage facilities' rental and/or use contracts shall specially prohibit
these uses.
A.
The subject tract shall front on and gain access from either an arterial,
connector or collector road as identified in the Official Roadway
Classification List available at the Township Building.
B.
The following types of commercial and commercial-related establishments
shall be permitted:
(1)
Grocery store.
(2)
Banks and similar financial institutions.
(3)
Drugstore.
(4)
Retail sale of goods, provided the total floor area is less than
100,000 square feet.
(5)
Retail services, including barber/beauty salons, music, dance, art,
or photographic studios, repair of small appliances, and laundromat
and dry-cleaning collection stations.
(6)
Professional offices.
(7)
Restaurants and taverns.
(8)
Any other establishment that in the opinion of the Board is of the
same general character as any of the above-identified uses.
C.
The minimum lot area shall be three acres.
D.
The minimum lot width shall be 300 feet.
E.
The applicant shall demonstrate that access to and the design of
the parking facilities shall not create vehicle backups onto existing
abutting streets.
F.
The maximum building coverage shall be no greater than 25%.
G.
The maximum impervious coverage shall be no greater than 70%.
H.
The minimum landscaped area shall be no less than 30%.
I.
No building shall be placed closer than 30 feet to any property line.
Where there exists a more stringent requirement, such requirement
shall apply. Off-street parking shall not be permitted within side
and rear yard setback areas.
J.
Fire lanes will be required in accordance with Township ordinances.
[Amended 2-6-2023 by Ord. No. 2023-01]
A.
Minimum lot area: 10 acres.
B.
Any entrance for trucks, loading/unloading area, principal structures,
outdoor storage or truck parking area shall be a minimum of 150 feet
from any residential lot line.
C.
The use shall have its main access point(s) within two miles of at
least one ramp of a limited access highway.
D.
All tractor-trailer truck parking, principal structures, outdoor
storage and/or loading/unloading areas that are visible from beyond
the exterior lot lines of the use shall be screened by a fifty-foot
wide buffer yard. A fifty-foot buffer is required along the frontage
of all streets. This buffer yard shall meet the following conditions:
(1)
The buffer yard shall include a vegetated screening buffer. The screen
buffer plantings are intended to form an impenetrable visual screen
and shall include a variety of evergreen tree species to prevent monocultural
planting. Trees used for screen buffers shall be comprised of 100%
evergreen species.
(2)
Evergreen trees used in the screen planting shall be at least six
feet high when planted and shall be of such species as will produce
a dense visual screen at least 10 feet high within four years. Where
the screen buffer planting requires more than 50 trees, no more than
1/3 of those trees will be of a single variety. Deciduous canopy trees
and/or flowering trees and evergreen shrubs are encouraged to provide
complete screening and visual appeal, in addition to the required
evergreen trees. Shrubs shall have a minimum height of 36 inches when
planted.
(3)
Plant materials shall be permanently maintained and any plant material
which dies shall be replaced by the land owner.
(4)
Where such screening is required, it shall be assured by a performance
guarantee posted with the governing body in an amount equal to the
estimated cost of trees and shrubs and plantings. Such guarantee shall
be released only after passage of the second growing season following
planting.
(5)
The buffer yard may overlap the required side of rear yards, and
in case of conflict, the larger yard requirements shall apply.
E.
Any tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from and are within 150 feet of the exterior
lot lines of the use shall be separated from such lot lines by an
earthen berm. Such berm shall meet the following conditions:
(1)
Average a minimum of five feet in height above the adjacent average
ground level (disregarding any drainage channel) on the outside of
the berm.
(2)
Not have a single continuous height, but instead shall vary in height
by one feet or two feet in places.
(3)
The top of the berm shall not have a width less than five feet.
(4)
Have a maximum side slope of three horizontal to one vertical.
(5)
Be covered by a properly maintained all-season natural ground cover,
such as an appropriate grass.
(6)
Shall be located behind any required buffer screening.
F.
The maximum height for such use shall be 50 feet.
G.
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants that may spill
or leak.
H.
All facilities with gated entrances shall provide for an on-site
queuing area for the stacking of a minimum of two tractor-trailers.
I.
No parking or loading/unloading shall be permitted on or along any
public road.
J.
Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
K.
External building materials shall be of colors that are low-reflective,
subtle, or earth tone. Fluorescent and metallic colors shall be prohibited
as exterior wall colors.
L.
LEED Certification is strongly encouraged as well as roof-mounted
accessory solar energy systems.
M.
The applicant shall coordinate with the Monroe County Control Center
to ensure there is adequate radio coverage for emergency responders
within the building based upon the existing coverage levels of the
Monroe County Control Center Public Safety Radio Communications System
at the exterior of the building, and shall install enhancement systems
if needed to meet compliance.
N.
The use shall provide related facilities and amenities to provide
for the comfort, convenience and safety of those engaged in the trucking
distribution industry. Suitable examples rest lounges and areas, locker
rooms and shower facilities, and similar uses.
O.
Mechanical scraper systems shall be installed at each truck exit
drive for the purpose of removing snow, slush and ice from trailer
and truck rooftops. During winter months, all trucks must pass under
these mechanical scrapers prior to exiting the warehouse facility.
P.
A traffic study prepared by a professional traffic engineer, according
to § 390- 60. The traffic impact study shall also include
a truck routing map identifying anticipated routes to and from the
proposed facility to the Township boundary. The truck routing map
shall be consistent with existing truck routing signage and trip distribution
data presented in the traffic study and shall identify any new proposed
truck routes and necessary truck routing signage.
R.
An environmental impact assessment shall be performed. The assessment
shall be prepared by a professional environmental engineer, ecologist,
environmental planner, or other qualified individual. An assessment
shall include a description of the proposed use, including location
relationship to other projects or proposals, with adequate data and
detail for the Township to assess the environmental impact. The assessment
shall also include a comprehensive description of the existing environment
and the probable future effects of the proposal. The description shall
focus on the elements of the environment most likely to be affected
as well as potential regional effects and ecological interrelationships.
At a minimum, the assessment shall include an analysis of the items
listed below regarding the impact of the proposed use and the mitigation
of any such impacts. The assessment shall also include detailed examination
of public resources most likely impacted by the development plan and
include the following focus areas:
(1)
Air pollution impacts emissions from vehicle operations, including
from truck engines during idle time. The applicant shall identify
all stationary and mobile sources of fine particulate matter (PM2.5),
volatile organic compounds, and nitrogen oxides at the site. The applicant
shall specify best management practices for preventing and reducing
the concentration of air polluting emissions at the site. The owner
or operator of the facility shall have anti-idling signs prominently
posted in areas where 15 or more trucks may park or congregate.
(2)
The potential for public nuisance to local residents resulting from
operations and truck traffic, including noise, glare, light, and visual
obstacles.
(3)
A stormwater management plan.
(4)
Consistency with the municipal and county comprehensive plan. The
applicant shall submit an assessment report of the impact of the proposed
use on the goals of the respective plans. Where the proposed use conflicts
with the comprehensive plan, the assessment report shall identify
mitigation measures which may be undertaken to offset any degradation,
diminution, or depletion of public natural resources.
(5)
Additional considerations. The following shall also be addressed:
(a)
Alternatives analysis. A description of alternatives to the
impacts.
(b)
Adverse impacts. A statement of any adverse impacts which cannot
be avoided.
(c)
Impact minimization. Environmental protection measures, procedures
and schedules to minimize damage to critical impact areas during and
after construction, including design considerations.
(d)
Mitigation steps. Listing of steps structural controls proposed
to minimize damage to site before and after construction.
(6)
Critical impact areas. In addition to the above, plans should include
any area, condition, or feature which is environmentally sensitive
or which if disturbed during construction would adversely affect the
environment.
(a)
Critical impact areas include, but are not limited to, floodplains,
riparian buffers, streams, wetlands, slopes greater than 15%, highly
acid or highly erodible soils, hydric soils, hydrologic soil groups,
areas of high water table, and mature stands of native vegetation
and aquifer recharge and discharge areas.
(b)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(c)
Environmental protection measures, procedures and schedules
to minimize damage to critical impact areas during and after construction.
S.
Evaluation. The procedures for evaluating the assessment shall be
as follows:
A.
The subject tract shall front on and gain access from either an arterial,
connector or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
The subject property shall have a minimum lot width of 125 feet.
C.
The subject property shall be at least 300 feet from the property
line of any parcel containing a school, day-care facility, playground,
library, or nursing, rest, or retirement home.
D.
Any vehicle not receiving repair work within the preceding seven
days shall be removed.
E.
Gasoline pump islands shall be at least 30 feet from the street right-of-way
line.
F.
Entrances and exits shall be a minimum of 30 feet in width.
G.
All ventilation equipment associated with fuel storage tanks shall
be at least 100 feet from any adjoining residential property or residentially
zoned property.
H.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
I.
In the event of discontinuance or abandonment of the use of the property
as a vehicle fueling station, all underground fuel storage tanks must
be removed in accordance with all applicable regulations within six
months.
A.
The subject tract shall front on and gain access from either an arterial,
connector or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
All service and/or repair activities shall be conducted within a
single, wholly enclosed building.
C.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
D.
No outdoor storage of parts, equipment, lubricants, fuel, or other
materials used or discarded, as part of the service operation shall
be permitted. Materials discarded as part of the service operation
shall be contained within wholly enclosed dumpster equipment.
E.
All exterior vehicle storage areas shall be screened from view from
adjoining residential and residentially zoned property.
F.
The storage of unlicensed vehicles on the property is prohibited.
G.
All ventilation equipment associated with fuel storage tanks shall
be at least 100 feet and oriented away from any adjoining residential
property or residentially zoned property.
H.
All vehicles shall be repaired and removed from the premises as promptly
as possible. Any vehicle not receiving repair work within the preceding
30 days shall be removed.
I.
The demolition or storage of junked or abandoned vehicles or parts
thereof is prohibited.
A.
The subject tract shall front on and gain access from either an arterial,
connector or collector road as identified in the Official Roadway
Classification List available at the Township Building, or a street
in a proposed subdivision or land development plan which conforms
to prevailing arterial, connector or collector street design and improvement
requirements.
B.
On-lot wash water recycling systems are required.
C.
Each vehicle wash bay in an automatic/conveyorized facility shall
allow for a stacking of at least five vehicles. Each vehicle wash
bay in a self-serve facility shall allow for a stacking of at least
three vehicles.
D.
All structures shall have a minimum setback of 100 feet from any
street right-of-way line, 50 feet from any rear property line, and
25 feet from any side lot line.
E.
The site shall be kept debris and trash free with the owner or manager
of the vehicle wash responsible for site maintenance.
F.
All entrances to the vehicle wash facility shall be designed so that
vehicle backup on abutting roads does not occur.
G.
All lighting of outdoor facilities shall be designed and located
in accordance with current Illumination Engineering Society of North
America (IESNA) footcandle lighting standards so as to not produce
a glare or direct illumination onto abutting properties and streets.
[Amended 2-6-2023 by Ord. No. 2023-01]
The subject tract shall front on and gain access from an arterial,
collector, or connector road as identified in the Official Roadway
Classification List available at the Township Building.
[Added 7-16-2018 by Ord.
No. 2018-07]
A.
Parking requirements will follow the parking regulations found in § 470-34 of the Township of Pocono Zoning Ordinance. Off-street parking regulations shall utilize those listed for educational institutions (colleges, universities, technical schools, and trade schools), as appropriate.
B.
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The portions of the academic clinical research center
where the medical marijuana is grown or processed shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
C.
All external lighting serving an academic clinical research center
must be shielded in such a manner not to allow light to be emitted
skyward or onto adjoining properties.
F.
The academic clinical research center shall require a site plan review
and approval if it is utilizing an existing facility and land development
review and approval if a new facility is being built and utilized.
[Added 7-16-2018 by Ord.
No. 2018-07]
A.
Grower/processor facility which grows medical marijuana must be owned
or leased and operated by a grower/processor legally registered with
the commonwealth and possess a current and valid medical marijuana
permit from DOH pursuant to the Act.[1]
[1]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
B.
Grower/processor facility which grows medical marijuana can only
do so in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
C.
The maximum floor area of grower/processor facility shall be limited
to 20,000 square feet, of which sufficient space must be set aside
for secure storage of marijuana seeds, related finished product, and
marijuana related materials used in production or for required laboratory
testing.
D.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any grower/processor facility where medical
marijuana growing, processing or testing occurs.
E.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy or policies and shall
not be placed within any unsecure exterior refuse containers.
F.
The grower/processor facility shall provide only wholesale products
to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at grower/processor facility.
G.
Grower/processor facility may not be located within 1,000 feet of
the property line of a public, private, or parochial school or day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted or proposed to be conducted, to the closest
property line of the protected use, regardless of the municipality
in which it is located.
H.
All external lighting serving a grower/processor facility must be
shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
I.
Parking requirements will follow the parking regulations found in § 470-34 of the Township of Pocono Zoning Ordinance.
K.
Entrances and driveways to a grower/processor facility must be designed
to accommodate the anticipated vehicles used to service the facility.
L.
The grower/processor facility shall require a site plan review and
approval if it is utilizing an existing facility and land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Township of Pocono ordinances.
N.
Any medical marijuana facility lawfully operating pursuant to the
Act[4] shall not be considered in violation of these provisions
by the subsequent location of a public, private or parochial school
or day-care center.
[4]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 7-16-2018 by Ord.
No. 2018-07]
A.
A traffic impact study is required where the office is to be located
and operated.
B.
Parking requirements will follow the parking schedule found in § 470-34 of the Township of Pocono Zoning Ordinance.
C.
All external lighting serving a medical marijuana delivery vehicle
office must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
E.
Entrances and driveways to a medical marijuana delivery vehicle office
must be designed to accommodate the anticipated vehicles used to enter
and exit the premises.
F.
The medical marijuana delivery vehicle office shall require a site
plan review and approval if it is utilizing an existing facility and
land development review and approval if a new facility is being built
and utilized pursuant to the Township of Pocono ordinances.
G.
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana delivery vehicle office, the office
must be secured to the same level as a grower/processor facility and
dispensary facility.
[Added 7-16-2018 by Ord.
No. 2018-07]
A.
A dispensary facility must be owned or leased and operated by a legally
registered dispensary in the commonwealth and possess a current and
valid medical marijuana permit from the DOH pursuant to the Act.[1]
[1]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
B.
A dispensary facility may only dispense medical marijuana in an indoor,
enclosed, permanent, and secure building and shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
C.
Dispensary facility may not operate on the same site that a grower/processor
facility is located.
D.
Dispensary facility shall have a single secure public entrance and
shall implement appropriate security measures to deter and prevent
the theft of medical marijuana and unauthorized entrance into areas
containing medical marijuana, all of which shall be in accordance
with the Act.[2]
[2]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
E.
Permitted hours of operation of a dispensary facility shall be 8:00
a.m. to 8:00 p.m. (of the same calendar day).
F.
A dispensary facility shall be a maximum of 5,000 gross square feet,
of which no more than 500 square feet shall be used for secure storage
of medical marijuana, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area of the dispensary
facility.
H.
A dispensary facility may dispense only medical marijuana to certified
patients and caregivers as set forth in the Act[3] and shall comply with all lawful, applicable health regulations,
including those of DOH.
[3]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
I.
A dispensary facility may not be located within 1,000 feet of a property
line of a public, private or parochial school or a day-care center.
This distance shall be measured in a straight line from the closest
exterior wall of the building or portion thereof in which the business
is conducted or proposed to be conducted, to the closest property
line of the protected use, regardless of municipality in which it
is located.
J.
Dispensary facility shall be a minimum distance of 1,000 feet from
the next nearest medical marijuana facility. This does not include
complementing or supporting businesses covered by different definitions.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the businesses
are conducted or proposed to be conducted, regardless of municipality
in which it is located. This separation distance does not apply to
the distance between the grower/processor facility or academic clinical
research centers and the specific dispensary facility they serve,
or with which they partner.
K.
Any medical marijuana facility lawfully operating pursuant to the
Act[4] shall not be rendered in violation of these provisions
by the subsequent location of a public, private or parochial school
or day-care center.
[4]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
L.
All external lighting serving dispensary facility must be shielded
in such a manner to not allow light to be emitted skyward or onto
adjoining properties.
M.
Parking requirements will follow the parking schedule found in § 470-34 of the Township of Pocono Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices including outpatient clinics.
O.
Entrances and driveways to a dispensary facility must be designed
to accommodate the anticipated vehicles used to service the facility.
P.
The dispensary facility shall require a site plan review and approval
if it is utilizing an existing facility and a land development review
and approval if a new facility is being built and utilized pursuant
to the Township of Pocono ordinances.
[Added 2-6-2023 by Ord. No. 2023-01]
B.
No storage of garbage (other than is routinely produced on site and
awaiting regular collection) shall be permitted. The bulk storage
of materials that are inflammable, explosive, hazardous, or commonly
recognized as offensive shall not be permitted.
C.
Uses that would involve the entrance to the use of an average of more than 50 tractor-trailer trips in any twenty-four-hour period shall be required to meet the additional site development standards in § 470-83 for a truck terminal/distribution. A "trip" shall be defined as one arrival at or one departure from the facility.
D.
When permitted as a conditional use, the applicant shall provide
a detailed description of the proposed use in each of the following
topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, anticipated truck traffic, and an overall
needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinance, including, but not limited to, those listed in Part
5 of this chapter.
(4)
The applicant shall present credible evidence that the number
of oversized off-street parking spaces provided for trucks will be
adequate to accommodate the expected demand generated by the warehouse
activities.
E.
Maximum building height for such use shall be 50 feet.
