[Ord. 2007-03, 5/2/2007, § 901; as amended by Ord.
2012-04, 5/7/2012]
1.
Application Requirements.
A.
A potential applicant for a conditional use permit shall request
a conference with the Zoning Officer prior to application submission.
The Zoning Officer may recommend that the applicant request a conference
with the Planning Commission prior to application submission.
B.
A pre-application conference shall not be regarded as a formal application
for the proposed conditional use. The filing of any report, sketch
plan, plat or map prior to or at such conference shall not constitute
submission of a plan or application for conditional use nor shall
such materials be binding on subsequent submissions by the applicant.
C.
An application for conditional use shall meet all content requirements
of a preliminary land development plan. In addition, the applicant
shall provide a copy of all proposed, pending and/or approved Federal
or State permits necessary for the conduct of operations. The municipality
may require additional site specific information necessary for a thorough
review of the application.
D.
The required filing fee for conditional use application review and
hearing will be specified by municipal resolution. This fee may from
time to time be amended by municipal resolution.
2.
Application Procedures.
A.
Following the required pre-application conference, the applicant
shall present to the municipality a complete application submission
as per the guidelines set forth in the application requirements section
above and shall appear before the municipal governing body to request
that a public hearing be set on the application. Upon this request,
the municipal governing body shall establish the date, time and place
for a public hearing. The public hearing shall be held no later than
60 days following the meeting at which the municipal governing body
receives the request unless the applicant has agreed, in writing,
to an extension of time.
B.
The Planning Commission shall review the application at the next
legally advertised regular meeting following the receipt of the application
from the municipal governing body or at a meeting specially called
for this purpose and shall make a recommendation to municipal governing
body prior to the public hearing.
C.
The applicant shall provide public notice, as defined by the Pennsylvania
Municipalities Planning Code, concerning the public hearing for the
proposed use.
D.
In addition to the public hearing notice, the applicant shall provide,
via certified mail, a written notice to the owners of all adjoining
properties of the site proposed for conditional use. Copies of the
certified mail return receipts shall be provided to the municipality
by the applicant.
E.
The municipal governing body shall render a written decision on the
application within 45 days after the last hearing before the municipal
governing body. The municipal governing body may approve the request
for a conditional use permit or may deny the request for a conditional
use permit with a specific list of reasons for such denial. The municipality
shall mail written notification of the governing body's action, including
the specific list of reasons for denial if applicable, to the applicant
within five days of said action by the governing body.
[Ord. 2007-03, 5/2/2007, § 902; as amended by Ord.
2012-04, 5/7/2012]
1.
Intent. The following conditions are intended to provide for the
reasonable operation of sawmills within the Nittany Valley Region
while providing reasonable protection to the municipality and to the
neighborhood in which the sawmill operation will occur against possible
detrimental effects of operations.
2.
General Requirements. Sawmills shall be located and buffered in such
a manner as to minimize the noise-related impacts associated with
the operation. The following setbacks shall apply in addition to those
applicable through the base district zoning:
A.
Sawmill activities shall not occur within 100 feet of lands zoned
other than A-1, A-2, HI, LI.
B.
Sawmill activities shall not occur within 500 feet of any residential
dwelling unit unless the applicant obtains written permission of the
property owner(s) consenting to the operation.
C.
Sawmill activities shall not occur within 500 feet of any public
building, public park or other public institution unless the governing
body having jurisdiction over the site has consented to the operation.
3.
Operational Conditions.
A.
Discontinuation of Use. Discontinuation of any operation for a period
of more than one year shall result in the loss of vested status for
that operation.
B.
Hours of Operation. The hours of operation at any site may be limited
as the municipal governing body deems advisable.
C.
Site-Specific Conditions. The municipal governing body may impose
other conditions not listed above as are shown to be necessary and
appropriate to protect the public health, safety and welfare, provided
that those conditions do not preclude the reasonable conduct of sawmill
operations within the Nittany Valley Region.
D.
Fencing and Screening. The applicant shall provide details showing
any fencing and/or screening proposed to be located on the site. The
municipal governing body may impose fencing and/or screening conditions
as it deems necessary to protect public health, safety and welfare.
[Ord. 2007-03, 5/2/2007, § 903]
1.
Intent. The following conditions are intended to provide for the
reasonable development of Agricultural Development District within
Spring Township, while providing for reasonable protection to the
municipality and to the neighborhood in which the TND development
will occur.
2.
General Site Requirements.
A.
The site shall be serviced by public water and sewer.
B.
The site shall be a minimum of 150 acres.
C.
The developer shall be required to have a master plan approved by
the Township.
D.
In addition to open space and parkland requirements found elsewhere
in this chapter, the developer shall provide active recreation areas
including, but not limited to, playgrounds and sports fields.
3.
Design Standards.
A.
Building Height. All principal residences shall be between 1 1/2
and 2 1/2 stories in height. Accessory buildings shall be no
more than 12 feet in height.
B.
Building Orientation and Porches. All residential buildings' main
entrances shall face the lot's front yard. At least 50% of all detached
dwellings located along a public street within the same block shall
include porches within the front yard. When a dwelling with a porch
is located on a corner lot, the porch shall extend parallel along
both front lot lines.
C.
Residential Building Width. No residential building shall be greater
than 200 feet wide as measured parallel, or approximately parallel,
with any street line.
D.
All mail and newspaper boxes shall have centralized and convenient
locations which shall be approved by the U.S. Postmaster.
E.
No above-ground accessory residential swimming pools, except portable
"kiddie pools," shall be permitted.
4.
Bonus Criteria.
A.
The intent is to encourage good design, provide for additional work
force housing (WFH) and an increase in building height.
B.
Apartment buildings shall be permitted with an increase of the work
force housing units, by an increase of the additional 5% of the total
planned housing units. Building height may increase to 40 feet.
C.
Alleys shall be permitted as an integral part of a condominium land
development plan.
(1)
All required parking shall be accessed from the alley.
(2)
Alleys shall be owned and maintained by the condominium association.
(3)
Alleys shall be paved in an all weather material (bituminous
or concrete) and shall be a minimum width of 12 feet with a right
of way of 20 feet.
(4)
Alleys shall be limited to one-way traffic and posted accordingly.
(5)
No on-alley parking shall be permitted.
[Ord. 2007-03, 5/2/2007, § 904]
1.
Intent. The following conditions are intended to provide for the
siting and operating of solid waste disposal and/or recycling facilities
within the Nittany Valley Region while providing reasonable protection
to the municipality and to the neighborhood in which the facility
will be located against possible detrimental effects.
2.
Buffer Requirements. The following buffer requirements apply to all
solid waste disposal sites, incinerators, and/or recycling facilities.
The buffer requirements are applicable to all roads, dwelling units,
and/or structures in existence at the time that application has been
made to the municipality for the development of a solid waste disposal,
incinerators and recycling facilities.
A.
All sites shall be screened from all adjacent streets and all adjacent
property by a sight-obscuring fence or wall of no less than seven
feet in height.
B.
No portion of any parcel of land on which any solid waste disposal
facility, incinerator, or recycling facility is sited may be closer
than:
(1)
Two thousand five hundred feet from any public or private school
or hospital.
(2)
Two thousand feet from any public or private water well which
is used for human or animal consumption.
(3)
One thousand five hundred feet from any church, public library,
public park or trail, or any other public facility.
(4)
One thousand five hundred feet from any surface water body.
(5)
Two thousand feet from any residential dwelling unit.
(6)
Five hundred feet from any public road.
3.
Traffic Impact Analysis. The applicant shall submit a traffic impact
study prepared by a qualified professional. The scope of said study
shall be determined by concurrence between the municipal engineer
and the Zoning Officer and shall include, at a minimum, the following:
A.
Analysis and description of existing conditions and traffic volumes
for the external road network serving the site.
B.
A base condition analysis shall be prepared to establish existing
levels of service followed by analysis and description of projected
traffic conditions based on the land uses proposed within the development.
Trip generation rates for project peak hours shall be prepared, as
well as the internal/external trip distribution and intersection analysis.
C.
The analysis shall address the traffic impacts of the proposed development
along with surrounding traffic generating land uses in the area including
land use changes. The analysis will demonstrate the adequacy of the
area road network and identify access and traffic control measure
improvements impacted by the proposed development and surrounding
land uses.
D.
The analysis shall contain recommended internal and off-site road
improvements. These recommended improvements should be specific as
to location and scope of work required along with a phased schedule
for possible implementation.
E.
Utilization of alternate modes of transportation (e.g., rail) shall
be a component of the traffic impact analysis. Evaluation of traffic
mitigation measures as it relates to alternative transportation and
future site development should also be addressed.
4.
General Site Requirements.
A.
The applicant shall provide a bond or other acceptable surety, in
an amount determined to be acceptable by the municipal engineer, to
cover the costs of repairs to any municipal roads to be used by the
applicant or by other haulers to and from the site. The amount of
said bond or surety shall be reviewed annually and any unused portion
shall be returned to the applicant within one year after the site
is no longer in use.
B.
An environmental assessment plan shall be provided to identify and
mitigate impacts of the proposed development on the environment, public
health, and public safety including, but not limited to, aesthetics,
air quality, water quality, stream flow, fish and wildlife, nuisance
management, dust control, litter control, plants, aquatic habitat,
threatened or endangered species, water uses, and land use. Proof
of environmental impairment liability insurance may be required. Consideration
should be given to the minimization of land disturbance activities
within an exceptional value (EV) or high quality (HQ) sub-watershed
or other areas of environmental concern.
C.
A mitigation plan shall be submitted to identify procedures for the
removal of any mud, dust, or debris on any public road from the traffic
entering or exiting the site. All mud, dust, or debris shall be kept
off the public road and adjoining lands.
D.
An illumination plan shall be required. Lighting on the site shall
use full cut-off fixtures with shielding in appropriate areas to limit
spillover onto adjacent properties.
E.
A site security plan shall be required.
F.
The applicant shall be required to secure all necessary Federal,
State, and/or local permits. All materials including, but not limited
to, those associated with permits, submitted to any Federal, State,
or local governing body or regulatory agency shall also be submitted
to the municipality for review, comment, and, if applicable, approval.
G.
Any suspension or revocation of any necessary Federal or State permit
shall constitute an automatic suspension or revocation of the conditional
use permit.
H.
Inspection. All solid waste disposal, recycling, or incinerator establishments
shall permit code enforcement officers to inspect the premises at
any time without advance notice during normal business hours.
I.
The municipal governing body may impose other site specific conditions
as it deems necessary to protect public health, safety and welfare.
[Ord. 2007-03, 5/2/2007, § 905]
1.
Intent. The following conditions are intended to provide for the
siting and operating of shooting ranges within the Nittany Valley
Region while providing reasonable protection to the municipality and
to the neighborhood in which the facility will be located against
possible detrimental effects.
2.
Buffer Requirements. The following buffer requirements apply to all
shooting range facilities. The buffer requirements are applicable
to all roads, dwelling units, and/or structures in existence at the
time that application has been made to the municipality for the development
of a shooting range facility.
A.
No part of a shooting range facility shall be located within 500
feet of any public road.
B.
No part of a shooting range facility shall be located within 1,000
feet of any residential dwelling unit.
C.
No part of a shooting range facility shall be located within 1,500
feet of any residential zoning district.
D.
No part of a shooting range facility shall be located within 1,500
feet from any church, public library, public park or trail, or any
other public facility.
E.
No part of a shooting range facility shall be located within 2,500
feet from any public or private school or hospital.
3.
General Site Requirements.
A.
Shooting range operations are permitted by conditional use, provided
that such operations shall not:
B.
Shooting range operations shall comply with all applicable Federal,
State, and local regulations regarding the possession, transportation,
and discharge of firearms and shall:
(1)
Store live ammunition in an approved safe.
(2)
Limit the number of shooters to the number of firing points
or stations identified on the development plan.
(3)
Require all shooters to satisfactorily complete an orientation
program given in accordance with the Pennsylvania Game Commission
or National Rifle Association, or show a valid hunting permit or gun
permit before they are allowed to discharge firearms on the site.
(4)
Limit firing to the hours between 10:00 a.m. to 6:00 p.m. Monday
through Saturday and 12:00 p.m. to 5:00 p.m. on Sunday. Shooting activities
shall only be permitted on one Sunday per month.
C.
The consumption of alcoholic beverages shall not be permitted on
the site.
D.
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
E.
The firing range, including the entire safety fan, shall be enclosed
with a six-foot high non-climbable fence to prevent unauthorized entry
into the area. Range caution signs with eight-inch tall, red letters
on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read "SHOOTING RANGE
AREA. KEEP OUT!".
F.
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target
areas, range floor, and the perimeter of the safety fan.
G.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms, and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
H.
All shooting range facilities, including buildings, parking, firing
range, and safety fan, shall be set back a minimum of 100 feet from
the property line and street right-of-way.
I.
The applicant shall present credible evidence from a qualified professional
that the sounds of shooting in the nearest residential zone and at
any adjacent residential dwelling unit do not exceed the ambient noise
level.
J.
Off-street parking facilities shall be provided with a ratio of 1 1/2
spaces per firing station, but not less than one space for each four
seats.
K.
A site security plan shall be required.
[Ord. 2007-03, 5/2/2007, § 906]
1.
Intent. The following conditions are intended to provide for the
siting and operating of natural gas compression facilities within
the Nittany Valley Region while providing reasonable protection to
the municipality and to the neighborhood in which the facility will
be located against possible detrimental effects.
2.
Buffer Requirements. The following buffer requirements apply to all
natural gas compression facilities. The buffer requirements are applicable
to all roads, dwelling units, and/or structures in existence at the
time that application has been made to the municipality for the development
of a natural gas compression facility.
A.
No part of a natural gas compression facility shall be located within
500 feet of any public road.
B.
No part of a natural gas compression facility shall be located within
1,000 feet of any residential dwelling unit.
C.
No part of a natural gas compression facility shall be located within
1,500 feet of any residential zoning district.
D.
No part of a natural gas compression facility shall be located within
1,500 feet from any church, public library, public park or trail,
or any other public facility.
E.
No part of a natural gas compression facility shall be located within
2,500 feet from any public or private school or hospital.
3.
General Site Requirements.
A.
Natural gas transmission facilities are permitted by conditional
use, provided that such operations shall not:
B.
The applicant shall be required to secure all necessary Federal,
State, and/or local permits. All materials including, but not limited
to, those associated with permits, submitted to any Federal, State,
or local governing body or regulatory agency shall also be submitted
to the municipality for review, comment, and, if applicable, approval.
C.
Failure to maintain compliance with all applicable Federal, State,
and local regulations shall result in the termination of the conditional
use permit.
D.
The applicant shall present credible evidence from a qualified professional
that the sounds of the facility's operation in the nearest residential
zone and at any adjacent residential dwelling unit do not exceed the
day-night sound level (Ldn) of 55 decibels
on the A-weighted scale (dBA), the level which protects the public
from indoor and outdoor activity interference in residential areas.
E.
A site security plan shall be required.
F.
An illumination plan shall be required. Lighting on the site shall
use full cut-off fixtures with shielding in appropriate areas to limit
spillover onto adjacent properties.
G.
The perimeter of the fenced in facility shall be landscaped with
a mixture of deciduous evergreen trees and shrubs to provide a visually
pleasing screen of the facility.
H.
The municipal governing body may impose other site specific conditions
as it deems necessary to protect public health, safety and welfare.
[Ord. 2007-03, 5/2/2007, § 907]
1.
Intent. The following conditions are intended to provide for the
reasonable development of minerals within the Nittany Valley Region
while providing reasonable protection to the municipality and to the
neighborhood in which the mining or quarrying operation will occur
against possible detrimental effects of the mining operations.
2.
Buffer Requirements. Mining and quarrying sites shall be located
and buffered in such a manner as to minimize the noise-related impacts
associated with the operation. The options set forth below allow flexibility
for the applicant to select criteria best suited for a given operation
while providing the municipality with the opportunity to ensure a
reasonable level of protection against possible negative impacts.
An applicant for a conditional use permit shall employ either set
of the following conditions:
A.
Option 1. The buffer requirement of Option 1 consists of a landscaped
soil berm.
(1)
The required berm shall have a total height of not less than
six feet.
(2)
Where there is a difference in elevation on opposite sides of
the berm, the height shall be measured from the highest elevation.
(3)
To accommodate the required landscaping, the berm shall be constructed
of earthen materials, shall be a minimum of 25 feet in width and shall
be stabilized with topsoil and grass and/or other suitable vegetative
ground cover.
(4)
The top of the berm shall be landscaped to provide additional
noise attenuation. The landscaping shall consist of the following:
(a)
A minimum of one row of coniferous trees shall be planted. The
required trees shall be spaced no less than 10 feet and no more than
15 feet apart on center. The trees shall be a minimum of six feet
in height at the time of planting. Due to varying tree spread patterns
and hardiness in the local environment, the required trees shall be
a variety of spruce or fir to ensure that the noise attenuation effects
are maximized.
(b)
One row of evergreen shrubs shall be planted and shall be spaced
at an interval of not more than five feet, though not evenly spaced
across as screen width. The shrubs shall be at least three feet tall
at the time of planting.
(5)
The berm requirements may be modified or waived by the municipality
for that portion of the site which has natural geologic conditions,
features and resources which would serve the same objectives as the
soil berm and which, in the opinion of the municipal engineer, should
not be disturbed by the berm construction.
(6)
In combination with the above berming requirements, the following
setback distance requirements shall apply:
(a)
Mining or quarrying activities shall not occur within 100 feet
of land zoned or used other than RR-Rural Resource District (excluding
HI-General Industrial).
(b)
Mining or quarrying activities shall not occur within 100 feet
of a public road right-of-way.
(c)
Mining or quarrying activities shall not occur within 300 feet
of any residential dwelling unit unless the applicant obtains written
permission of the property owner(s) consenting to the operation.
(d)
Mining or quarrying activities shall not occur within 500 feet
of any public building, public park or other public institution unless
the governing body having jurisdiction over the site has consented
to the operation.
(e)
Mining or quarrying activities shall not occur within 750 feet
of any structure listed on the National Register of Historic Places.
(f)
Mixing plants, crushers and other processing mechanisms on the
site shall not be located within 1,000 feet of any residential dwelling
unit unless the applicant obtains written permission of the property
owner(s) consenting to operation. In order to minimize noise and traffic
impacts, processing mechanisms shall, if practicable, be located on
the site. All processing mechanisms shall be located at the lowest
practicable site elevation.
B.
Option 2. The criteria set forth in Option 2 are designed to be utilized
in the instance where the applicant for a conditional use permit elects
against the berming provisions included in Option 1 above or if, for
any other reason, the berming provisions included in Option 1 above
are not employed. The conditions outlined in Option 2 consist of a
dense vegetative buffer.
(1)
Series of Trees.
(a)
The required buffer will consist of a series of coniferous trees
and deciduous canopy trees to be planted within a thirty-two-wide
buffer area according to the following schedule:
|
Required Plant Units per 100 Feet
| ||
|---|---|---|
|
Type
|
Number
| |
|
Coniferous
|
24
| |
|
Canopy
|
10
| |
(b)
Twenty percent of the coniferous trees shall be a minimum of
eight feet in height at the time of planting. The remainder of the
coniferous trees shall be a minimum of six feet in height at the time
of planting. All canopy trees shall be a minimum of six feet in height
at the time of planting.
(2)
Due to varying tree spread patterns and hardiness in the local
environment, the required coniferous trees shall be a variety of spruce
or fir to ensure that the noise attenuation effects are maximized.
(3)
In combination with the above landscape buffer requirements,
the following distance requirements shall apply:
(a)
Mining or quarrying activities shall not occur within 200 feet
of land zoned or used other than RR-Rural Resource (excluding HI Heavy
Industrial).
(b)
Mining or quarrying activities shall not occur within 200 feet
of a public road right-of-way.
(c)
Mining or quarrying activities shall not occur within 1,500
feet of any residential dwelling unit unless the applicant obtains
written permission of the property owner(s) consenting to the operation.
(d)
Mining or quarrying activities shall not occur within 1,500
feet of any public building, public park or other public institution
unless the governing body having jurisdiction over the site has consented
to the operation.
(e)
Mining or quarrying activities shall not occur within 1,500
feet of any structure listed on the National Register of Historic
Places.
(f)
Mixing plants, crushers and other processing mechanisms on the
site shall not be located within 1,500 feet of any residential dwelling
unit unless the applicant obtains written permission of the property
owner(s) consenting to operation. In order to minimize noise and traffic
impacts, processing mechanisms shall, if practicable, be located on
the site. All processing mechanisms shall be located at the lowest
practicable site elevation.
C.
The following conditions shall
apply to both Option 1 and Option 2:
(1)
Installation and maintenance along perimeter.
(a)
At a minimum, the operator shall install and/or maintain the
required buffer along the perimeter of the visible portion of the
area to be operated. This portion shall be defined as any part of
the site visible from any adjacent parcel or any adjacent public right-of-way.
An exception to this requirement may, at the request of the applicant,
be granted by the municipal governing body when the following apply:
(b)
In order to maintain the integrity of the buffer, if such a
request is approved, the buffering requirements shall extend to the
entirety of the existing site.
(2)
In order to maximize noise attenuation, the buffer shall, to
the greatest extent practicable, be located within a fifty-foot zone
nearest to the adjacent property or public right-of-way from which
the specified distance requirements have been measured.
(3)
Prior to planting of any required landscaping, the applicant
shall provide evidence of a soils test to determine soil suitability
to sustain the required landscaping and to determine any necessary
soil supplements or remedies.
(4)
Alternative designs for buffering may be approved if the applicant
can show, through the submission of a comprehensive noise study, that
the alternative designs are at least as effective in controlling noise-related
impacts.
(5)
All required buffering shall be installed prior to commencement
of operations.
(6)
Adequacy of the buffer shall be determined by the Zoning Officer
and the municipal engineer.
(7)
Site specific exceptions to the buffering requirement shall
be available for vehicular access, public and other infrastructure
improvements (including drainage systems), maintenance requirements
and safety considerations. The nature and location of such exceptions
shall be approved by the Zoning Officer and the municipal engineer.
(8)
The operator shall provide a bond or other acceptable security
in the amount of 100% of the cost of improvements for approved buffering,
which will be returned after the improvements have been satisfactorily
installed and have been in place for one year. Acceptability shall
be determined on advice of the municipal solicitor. Adequacy as to
amount shall be determined by the municipal engineer.
3.
Reclamation.
A.
All proposed, pending and/or approved reclamation plans required
by any governing body or regulatory agency shall be submitted to the
municipality for review and consideration prior to issuance of a conditional
use permit.
B.
The operator will provide a bond or other acceptable security to
ensure that land will be reclaimed in accordance with the approved
reclamation plan.
C.
In order to minimize additional adverse impacts to adjacent properties,
when any mining or quarrying operation (including legally nonconforming
operations) expands into an area governed by the provisions set forth
in this chapter, efforts should be made by the operator, to the greatest
extent practicable, to commence reclamation activities on the existing
mined or quarried portion of the site. Completed areas should be resurfaced
and restored in accordance with approved reclamation plans prior to
or concurrent with the commencement of extraction activities in an
undisturbed area.
D.
The applicant shall provide a bond or other acceptable surety, in
an amount determined to be acceptable by the municipal engineer, to
cover the costs of repairs to any municipal roads to be used by the
applicant or by other haulers to and from the site. The amount of
said bond or surety shall be reviewed annually and any unused portion
shall be returned to the applicant within one year after the site
is no longer in use.
4.
Monitoring.
A.
Timing. Unless the uses and conditions prescribed in a conditional
use permit are implemented within a maximum period of two years of
the issuance of all permits required by any Federal or State agency
having regulatory authority over the conduct of such uses, the conditional
use permit shall expire. Evidence of receipt of all necessary permits
shall be provided to the municipality. The municipal governing body
may grant a maximum extension of one year under exceptional circumstances.
B.
Discontinuation of Use. Discontinuation of any nonconforming operation
for a period of more than one year shall result in the loss of vested
status for that operation. "Discontinuation" is defined as the cessation
of excavation or processing of material.
C.
Inspection. The municipality shall conduct an annual inspection to
ensure compliance with all approved conditions. An inspection fee
may be set by the municipal governing body by resolution.
D.
Blast Notification. The applicant shall maintain a blast notification
list for anyone who requests notification and who owns, resides on
or has a business interest in property located within, at a minimum,
a radius of one mile around the site. Notification shall be provided
at least 24 hours prior to blasting. The applicant shall provide an
up-to- date blast notification list for municipal review at the time
of annual inspection.
E.
Preblast Survey. Prior to the issuance of a conditional use permit,
the applicant shall provide documentation of the condition of buildings,
structures, wells, infrastructure, protected and unique natural resources
and historic sites located within 1,500 feet of the proposed site.
Adequacy of the survey shall be determined by the municipal engineer.
Any preblast surveys required by any Federal or State agency subsequent
to the issuance of a conditional use permit shall be provided to the
municipality.
F.
Explosives Storage. No explosive materials may be produced or stored
on site in any manner that is potentially endangering to surrounding
properties.
G.
Landscaping. The municipality shall require that the applicant submit
an annual survey of the health of all required landscaping. This survey
shall be required in each of the first two years after planting. The
applicant shall replace any trees not surviving as of the date of
each survey.
H.
Modification of Conditions. No approved conditional use shall be
modified or expanded in ground area unless the plan is amended and
approved in accordance with procedures applicable to initial approval
of the conditional use permit.
5.
Other Conditions.
A.
Operational Conditions. To further protect the health, safety and
welfare of adjacent property owners, the following conditions shall
also apply:
(1)
Hours of Operation. The hours of operation at any site may be
limited as the municipal governing body deems advisable.
(2)
Dust Mitigation. A dust mitigation plan shall be provided. Dust
and debris from any mining and quarrying operation shall not be permitted
to accumulate within the right-of-way of any public road. Adequate
applicable technology shall be employed on the site to prevent any
dust and/or materials from being washed and/or blown from the site.
Adequacy of the dust mitigation plan shall be determined by the municipal
engineer.
(3)
Environmental Impact Analysis. The applicant shall provide an
environmental impact analysis to address the following: watershed
impacts, surface and/or groundwater resource impacts, air quality
impacts and erosion, sedimentation and stormwater impacts. Adequacy
of the analysis shall be determined by the municipal engineer. The
applicant shall provide any environmental impact reports, statements
or analyses that are required by any Federal, State or county governing
body or regulatory agency having jurisdiction over the conduct of
mining and quarrying operations. The applicant will be required to
demonstrate that the proposed project will not substantially injure
or detract from the lawful existing or permitted uses of neighboring
properties, will not injure any water supply sources, and will not
adversely affect any fragile environmental system of particular significance.
(4)
Stockpiles. No material stockpiles shall be located within 200
feet of the property line nor within 300 feet of a public right-of-way.
Any materials or wastes deposited on any stockpile shall be prevented
from washing, blowing, or otherwise transferring off the premises.
Such stockpiles shall contain extracted material from the on-site
mining operation only.
B.
Site-Specific Conditions. The municipal governing body may impose
other conditions not listed above as are shown to be necessary and
appropriate to protect the public health, safety and welfare, provided
that those conditions do not preclude the reasonable development of
minerals within the Nittany Valley Region. Such conditions may include,
but are not limited to:
(1)
Development Phasing Schedule. The municipal governing body may
impose conditions related to the phasing of mining and quarrying activities
as it deems necessary to protect public health safety and welfare.
(2)
Open Space Dedication. The municipal governing body may impose
conditions related to the provision of open space in order to implement
the land use goals of the Nittany Valley Regional Comprehensive Plan.
(3)
Fencing and Screening. The applicant shall provide details showing
any fencing and/or screening proposed to be located on the site. The
municipal governing body may impose fencing and/or screening conditions
as it deems necessary to protect public health, safety and welfare.
At a minimum, the applicant shall provide a fence at least six feet
in height around the perimeter of the mining operation.
(4)
Lighting. The applicant shall provide details showing the height,
number, types and location of any fixtures proposed to be located
on the site. All lighting shall be directed away from adjacent properties
and/or adjacent streets.
(5)
Public Facilities and Services. The applicant shall provide
evidence that the proposed project will not adversely affect the logical,
efficient, and economical extension of public facilities and services
throughout the municipality and the Nittany Valley Region.
(6)
Lighting. The municipal governing body may impose lighting conditions
as it deems necessary to protect public health, safety and welfare.
[Ord. 2007-03, 5/2/2007, § 908]
1.
Intent. The following conditions are intended to provide for the
siting and operating of communications towers within the Nittany Valley
Region while providing reasonable protection to the municipality and
to the neighborhood in which the facility will be located against
possible detrimental effects. Further, these regulations are intended
to achieve the following:
A.
To provide a competitive and wide range of communications services
while minimizing the impacts of the communications infrastructure.
B.
To require the shared use of existing communication towers, buildings
and structures.
C.
To ensure that new towers will be safe, placed in suitable locations,
and blend into the environment to the greatest extent practicable.
D.
Legally preexisting towers and antennas will not be required to meet
the following requirements unless specifically indicated.
2.
General Site Requirements.
A.
Maximum height of communications towers shall be 200 feet, measured
from the average natural grade of the approved facility area to the
top point of the tower or antenna, whichever is greater, except for
locations above elevation 1,400 feet as shown on United States Geological
Survey Topographic Quadrangle mapping, in which case, the maximum
height shall be 50 feet or the average height of the trees within
a two-hundred-foot radius of the proposed location of the tower, measured
from the average natural grade of the approved facility area to the
top point of the tower or antenna, whichever is greater.
B.
The tower and/or antenna must be of a concealed, camouflaged or stealth
design that blends into the natural environment. This includes tree
poles or architecturally screened antennas that can be attached to
existing structures other than towers. Except as required by the Federal
Aviation Administration (FAA), lighting shall be prohibited from these
concealed towers and/or antennas.
C.
Minimum setback of communications towers shall be as required in
the applicable zoning district, except for the following: No communications
tower shall be located closer than 200 feet or 110% of the proposed
communications tower height, whichever is greater, from any existing
residential lot line regardless of the zoning district in which the
tower and associated buildings are located. No new residential structures
shall be built within this setback area after the cell tower has been
approved and the plan recorded. In cases where this includes adjacent
property, an easement shall be obtained from the property owner limiting
residential development within the setback area as long as the tower
is in existence.
D.
No minimum lot, lease area and/or license area size is required for
a communications facility; however, the setbacks of the parent tract
perimeter boundaries shall apply.
E.
Applicants shall submit to the municipality evidence of the need
for the communications tower in the proposed location and that the
applicant has exhausted all alternatives to locate on an existing
tower or structure. Applicants shall also demonstrate via written
evidence from a qualified, licensed and professional engineer that,
in terms of location and construction, there are not existing towers,
communications tower, buildings, structures, elevated tanks or similar
uses able to provide the platform for the communications antenna within
a one-mile radius of the chosen location.
F.
In order for the applicant to demonstrate that collocation is not
a practicable alternative, coverage diagrams and technical reports
shall be submitted to the municipality which demonstrate that:
(1)
Collocation on existing communications towers is not technically
possible in order to serve the need.
(2)
Planned equipment would exceed the structure capacity of existing
communications towers within the municipality, considering existing
and planned use of the communications tower.
(3)
Existing communications towers cannot be reinforced to accommodate
planned or equivalent equipment at a reasonable cost.
(4)
Planned equipment will cause radio frequency (RF) interference
with other existing or planned equipment for that communications tower,
and the interference cannot be prevented at a reasonable cost; or
planned equipment can be placed so it can function effectively and
at least in parity with existing or approved communications towers
which do not have the space on which other similar equipment is in
place or planned.
(5)
Other reasons make it impractical to place the equipment planned
by the applicant on existing and approved communications towers.
G.
Communications antennas may be attached to any building or structure
in all zoning districts including, but not limited to, a church, a
municipal or governmental building or facility, an agricultural building,
a building owned by a utility, communications tower, water tank and
major electrical transmission lines, pursuant to the following.
H.
Antennas shall not be permitted on single-family homes, townhomes,
and duplexes.
I.
Building and zoning permits shall be required.
J.
Antennas shall be no taller than 15 feet above the existing structure.
K.
Any proposed communications 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 tower is over 100 feet in height, or for at least one additional
user if the tower is over 60 feet but less than 100 feet in height.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying heights.
L.
A communications tower may not be located on a lot that is listed
on an historic register or in an officially designated State or Federal
historic district.
M.
The applicant shall present documentation that the communications
tower is designed in accordance with all applicable State and Federal
regulations.
N.
Guy wires, if utilized, must be anchored no closer than 25 feet from
any property line. Guy wires shall not cross or encroach on any utility
rights-of-way.
O.
Except as required by the Federal Aviation Administration, no communications
tower may use artificial lighting or strobe lighting at night.
P.
Upon request, the applicant shall provide to the municipality, not
more than once per year, information indicating that the approved
communications tower or antenna remains structurally sound. The applicant
shall bear the costs of any inspection necessary to determine the
structural soundness of a communications tower or antenna.
Q.
All Federal, State and local environmental regulations regarding
the placement and operation of communications facilities must be followed
in the design, review and construction, and operation processes.
R.
All Federal, State, and local permits required for the siting and
operation of communications towers, antennas, and facilities shall
be provided to the municipality for review.
S.
Communications facilities shall be fully automated and unattended
on a daily basis. The site shall be visited only for necessary observation
and maintenance.
T.
Fencing and screening of facilities shall be required. A security
fence (including security wiring), of approved design, shall not exceed
eight feet in height and shall completely enclose the communications
facility and the anchored locations of guy wires, if used.
[Ord. 2007-03, 5/2/2007, § 909]
1.
Intent. The following conditions are intended to provide for the
reasonable operation of adult oriented businesses within the Nittany
Valley Region while providing reasonable protection to the municipality
and to the neighborhood in which the adult oriented business operation
will occur against possible detrimental effects of operations.
2.
Buffer Area. Adult oriented businesses shall be located and buffered
in such a manner as to minimize the potential adverse impacts associated
with the operation. The following setbacks shall apply in addition
to those applicable through the base district zoning:
A.
Adult oriented businesses shall not be permitted within 500 feet
of lands zoned other than LI or HI.
B.
Adult oriented businesses shall not be permitted within 750 feet
of any residential dwelling unit or any area zoned for residential
use.
C.
Adult oriented businesses shall not be permitted within 750 feet
of any public building, public park, or other public institution.
D.
Adult oriented businesses shall not be permitted within 750 feet
of any public or private school, public or private daycare facility,
or any establishment intended to be used by or for minors.
E.
Adult oriented businesses shall not be permitted within 750 feet
of any church or other place of worship.
F.
Adult oriented businesses shall not be permitted within 1000 feet
of any other adult oriented business establishment.
3.
Operations. The following operational conditions shall apply:
A.
Discontinuation of Use. Discontinuation of any nonconforming operation
for a period of more than one year shall result in the loss of vested
status for that operation.
B.
Local and State Laws. All adult oriented business establishments
shall comply with all applicable local, State, and Federal laws regarding
the location and operation of said facilities.
C.
Hours of Operation. Hours of operation may be designated by the municipal
governing body as a condition of a conditional use permit if it finds,
based on substantial evidence, that there is a public health, safety,
or welfare need for regulation of hours.
D.
Inspection. All adult oriented business establishments shall permit
law enforcement and code enforcement officers to inspect the premises
at any time without advance notice during normal business hours.
E.
Conduct. All adult oriented business establishments shall take all
reasonable measures necessary to control patrons' conduct resulting
in disturbances, vandalism, criminal activity or crowd control problems
occurring inside or outside the premises, traffic control problems,
or creation of a public or private nuisance, or obstruction of the
operation of another business.
F.
Visibility of Interior of the Establishment from the Exterior. The
interior of an adult oriented business establishment shall not be
visible from the exterior of the establishment. All building openings,
entries, and windows of adult business establishments shall be located,
covered, or screened in such a manner as to prevent a view into the
interior from any public or semipublic area, including public sidewalks,
streets, arcades, hallways, or passageways of any sexually explicit
material.
G.
Visibility Within the Establishment. The maintenance, operation or
management of any sexually oriented motion picture area or viewing
area shall not be visible from a general public area. Such areas shall
be obscured by a curtain, door, wall, or other enclosure. For purposes
of this section, viewing area means the area where a patron or customer
would ordinarily be positioned while watching the film, performance,
picture, program or show.
H.
Occupancy of an Individually Partitioned Viewing Area or Booth. No
more than one person at a time shall be permitted to occupy an individually
partitioned viewing area or booth.
I.
Sexually Oriented Materials in Bathrooms. It shall be unlawful for
sexually oriented materials to be permitted in bathrooms.
J.
Separation. All live adult business entertainment shall take place
in an area which is at least six feet from all members of the public
and which is separated by a rail or other physical barrier designed
to obstruct any contact between any entertainer and the public.
K.
Site-Specific Conditions. The municipal governing body may impose
other conditions not listed above as are shown to be necessary and
appropriate to protect the public health, safety and welfare, provided
that those conditions do not preclude the reasonable conduct of adult
oriented businesses within the Nittany Valley Region.
[Ord. 2007-03, 5/2/2007, § 910]
1.
Applicants shall provide evidence of compliance with all Federal,
State and local regulations regarding the siting and operation of
concentrated animal feeding operations including, but not limited
to, those of the Pennsylvania Department of Environmental Protection
requirements under the Nutrient Management Act (as amended) and any
other regulations relating to said operations, including the lot size,
buffer requirements, best management practices, and the storage and
handling of manure.
2.
If required by the Nutrient Management Act, the applicant shall submit
an approved nutrient management plan which has been reviewed and approved
by the Centre County Conservation District.
3.
In addition to all other requirements set forth in this chapter,
plans submitted or amended to allow for the siting and operation of
a concentrated animal feeding operation shall include topographic
and other significant physical land features, any structures (whether
habited or inhabited on the proposed site and within 500 feet of the
proposed site, manure storage facilities, stormwater retention facilities,
and groundwater and surface water features. Further, the applicant
shall submit information the prevailing wind direction.
4.
The applicant shall, to the greatest extent practicable, site all
facilities in such a manner as to minimize impacts to nearby properties.
5.
The applicant shall submit copies of all permits, studies and related
documents necessary for the permit of such facilities by any governing
body or regulatory agency within the Commonwealth of Pennsylvania
for review by the municipality.
6.
The applicant shall prepare and submit to the municipality an emergency
contingency plan, pursuant to guidelines in the Nutrient Management
Act, to address any potential hazards. A copy of the plan shall also
be provided to the Centre County Office of Emergency Services for
review and comment prior to plan approval.
7.
Applicants shall provide evidence regarding the capacity to provide
adequate water resources for the operation. Such evidence shall also
include any technical studies necessary to ensure that groundwater
resources of neighboring properties are not negatively impacted.
A.
If the water impact study shows that there are sufficient water resources
to accommodate the proposed operation and that there will be no adverse
impact on neighboring wells, the municipality may seek an independent
opinion to ensure that the conclusions of the water impact study are
technically sound.
B.
If the water impact study shows that there are not adequate water
resources to wells, the municipality may deny the application or provide
the applicant with an opportunity to modify the size or management
practices of the proposed operation so as to eliminate the water shortage
and/or adverse impacts to neighboring wells as applicable.
[Ord. 2007-03, 5/2/2007; as added by Ord. 2010-05, 8/2/2010]
1.
Intent. The following conditions are intended to provide for the
reasonable reuse and redevelopment of traditionally industrial properties
which are located in the HMD zoning district.
2.
General Requirements.
B.
Building setbacks shall conform to those of the HMD Zoning District.
C.
Maximum impervious coverage permitted on the property shall conform
to the limits required by the HMD zoning district. The Board of Supervisors
may grant a maximum impervious coverage limit of 75% and a maximum
building coverage limit of 50% where it can be shown that such increases
will not be detrimental to the public health, safety and welfare.
