In addition to the general regulations listed in Article IX, the following sets forth standards that shall be applied to each individual conditional use, or use permitted by right. These standards must be satisfied prior to approval of any applications for a conditional use. The applicant for a conditional use shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone unless the standards of this article expressed for each conditional use or use permitted by right specify different standards. In such cases, the specific conditional use or use permitted-by-right standards of this article shall apply.
Within the C-I Zone, adult-related uses are permitted by conditional
use subject to the following criteria:
A.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or glass in doors in
any area in which materials, merchandise, or film are exhibited or
displayed, so that no sale materials, merchandise, or film shall be
visible from outside of the building or structure;
B.
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein;
C.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter;
D.
No adult-related use may change to another adult-related use, except
upon approval of an additional conditional use;
E.
The subject property shall be set back at least 1,000 feet from any
lot containing a school, day-care facility, park, playground, library,
hospital, nursing/retirement home, church or other house of worship;
F.
No sexual activity or conduct shall be permitted; and
G.
No person shall operate an adult entertainment establishment without
first obtaining a use and occupancy or zoning permit as provided in
this chapter and all other applicable permits required by law. The
permit will be reviewed annually for compliance. The Zoning Officer
will also perform regular inspections.
In the A and R-1 Zones, agritourism enterprises are permitted
as an accessory use to an agricultural operation subject to the following
conditions:
A.
The length of any on-site access drive(s) shall be sufficient to
allow the stacking of delivery and/or customer vehicles and of sufficient
width to accommodate two-way traffic.
B.
Sufficient off-street parking and loading spaces shall be provided
for employees and patrons. If, after opening the facility, the Township
determines that additional space is needed, the governing body can
require additional parking/loading space be provided.
D.
The hours of operation shall be developed at the discretion of the
Board of Supervisors and protect neighbors from noise, disturbance
or interruption.
In the A and C-I Zones, airports/heliports are permitted by
conditional use subject to the following criteria:
A.
Minimum lot area shall be 30 acres for airports and three acres for
heliports.
B.
The applicant shall submit evidence confirming that the facility
will be constructed, operated, and maintained in accordance with applicable
rules and regulations of the Federal Aviation Administration and the
Pennsylvania Department of Transportation, Bureau of Aviation, related
to the use of airports and/or heliports.
C.
No part of the takeoff/landing strip and/or pad shall be located
within 300 feet from any property line.
D.
The applicant shall provide the delineation of the airport or heliport
hazard zone, which includes approach, transitional, horizontal, and
conical zones as shown in the official records and navigational charts
of the Federal Aviation Administration. This information shall be
provided to North Newton Township and all adjoining municipalities
with land located within the hazard zone.
Within the A Zone, animal hospitals, veterinary offices, and
kennels shall be permitted by conditional use; in the R-1 Zone, animal
hospitals and veterinary offices shall be permitted by conditional
use; and in the C-I Zone, animal hospitals, veterinary offices, and
kennels shall be permitted by right subject to the following criteria:
A.
All areas used for exercise shall be securely fenced.
B.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 25 feet
from all property lines and a minimum of 200 feet from any adjacent
residence whose owner is other than the animal building owner.
C.
Animals shall be permitted to exercise outside daily between the
hours of 8:00 a.m. to 8:00 p.m.
Bed-and-breakfast homes and inns shall be permitted by right
in the VMU and C-I Zones and by conditional use in the A, R-1, and
R-2 Zoning Districts subject to the following specific criteria:
A.
A bed-and-breakfast home shall be allowed only in a residential dwelling
or buildings accessory thereto. No modification to the external appearances
of the building (except fire and safety requirements) which would
alter its residential character shall be permitted.
B.
Accommodations for overnight lodging at a bed-and-breakfast home
shall be limited to no more than 10 guest rooms and to no more than
20 guests at a given time. The guest rooms for both bed-and-breakfast
homes and inns shall be rented to overnight guests on a daily basis
for periods not exceeding two weeks.
C.
Accommodations at bed-and-breakfast homes and inns may include meals
prepared on the premises for guests and included in the charge for
the room.
D.
No cooking facilities shall be provided or permitted in individual
guest rooms.
E.
The use of a residential dwelling for a bed-and-breakfast home or
inn must be approved by the Township Sewage Enforcement Officer and
the system upgraded, if necessary.
F.
All bed-and-breakfast homes and bed-and-breakfast inns shall comply
with the rules and regulations of the Pennsylvania Department of Labor
and Industry, and all other applicable building, safety, and fire
codes of the federal, state, or local government.
Within the A and R-1 Zones, campgrounds are permitted by conditional
use on a minimum of 10 acres, subject to the following criteria:
A.
All campsites and outdoor play areas shall be located at least 50
feet from any side or rear property line and at least 100 feet from
any public street line and screened from adjoining residentially zoned
or utilized properties;
B.
An internal road system shall be provided. These roads shall be an
all-weather, dust-free surface;
C.
All campgrounds shall furnish centralized sanitary sewer and garbage
collection facilities that shall be set back a minimum of 100 feet
from any property line. Such facilities shall be screened from adjoining
residentially zoned or occupied properties;
D.
Any accessory retail or service commercial uses shall be set back a minimum of 50 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned or occupied parcels in accordance with § 300-71;
Cemeteries shall be permitted by right in the A, R-1, VMU, and
C-I Zones subject to the following criteria:
In-home child care shall be permitted by right in all zoning
districts subject to the following criteria:
A.
The child care shall be limited to six children not related by legal
marriage, birth or adoption.
B.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
C.
All day-care facilities shall obtain and maintain proper licensure
from the Commonwealth of Pennsylvania.
Within the R-2 and VMU Zones, commercial day-care facilities
are permitted by conditional use; and in the C-I Zone by right, subject
to the following criteria:
A.
An outdoor play area shall be a minimum of 1,000 square feet. Off-street
parking compounds shall not be used as outdoor play areas. Outdoor
play areas shall not be located within the front yard. Additionally,
outdoor play areas shall be located and designed so as not to disrupt
normal activities of adjoining uses. There shall be a minimum of a
four-foot-high fence screened from adjoining residentially used or
zoned properties. Any vegetative materials located within the outdoor
play areas shall be of a nonharmful type (poisonous, thorny, allergenic,
etc.) All outdoor play areas must provide a means of shade, such as
a shade tree(s) or pavilion(s);
B.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site;
C.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
A.
Within the C-I Zone, commercial recreation or entertainment facilities
are permitted by right, and as a conditional use in the VMU Zone subject
to the following criteria:
(1)
Appropriate fencing, netting, or other devices shall be used to prevent
objects used on site from leaving the property;
(2)
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution;
(3)
Required parking will be determined based upon a combination of the
types of activities proposed and the parking regulations listed in
this chapter. In addition, an unimproved grassed overflow parking
area provided for peak use periods may be required. Such overflow
parking areas shall be accessible only from the interior driveways
of the permanent parking lot. Overflow parking areas shall contain
fencing to prevent vehicles from crossing adjoining properties or
directly accessing adjoining roads;
(4)
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads; and
(5)
Overnight parking and/or all forms of camping shall not be permitted.
B.
If, at any time after the opening of the commercial recreation facility,
North Newton Township determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Township can require the applicant
to revise means of access to relieve the undue congestion.
Within the A, R-1 and C-I Zones, communication antennas, towers,
equipment, transmitting and receiving facilities are permitted by
conditional use subject to the following criteria:
A.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
ANTENNA SUPPORT STRUCTURE
APPLICANT
HEIGHT
MONOPOLE
OPERATOR
OWNER
TELECOMMUNICATIONS SITE
TOWER
Definitions. The following words and phrases when used in this section
shall have the meaning given to them in this section unless the content
clearly indicates otherwise:
Man-made trees, clock towers, tall steeples, light poles,
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas on towers.
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antennas (such as panels) and omnidirectional
antennas (such as whips) but not including satellite earth stations.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy for telecommunications purposes.
The owner of the property being developed, or subdivided
to create a fee simple or lease lot, to be used as a telecommunications
site.
The vertical distance measured from the base of the tower
or antenna at the ground or the elevation of attachment to a structure
or building, to its highest point. If the tower or the antenna is
on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the height.
An antenna support structure consisting of a single pole
or spire constructed without guy wires or ground anchor.
The party responsible for the operation and maintenance of
the telecommunications site.
The owner or lessee of the property on which the telecommunications
site will be constructed.
A tract or parcel of land that contains a telecommunications
antenna or tower, its support structure, accessory building(s), parking
and may include other uses and equipment associated with and ancillary
to telecommunications signal transmission or processing.
A structure that is intended to support equipment used to
transmit and/or receive telecommunications or radio signals, including
monopoles and lattice-type construction steel structures.
B.
General requirements for antennas.
(1)
Any applicant proposing communications antennas to be mounted on
a building or other structure, including existing towers, 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.
(2)
Any applicant proposing communications antennas to be mounted on
a building or other structure, excluding existing towers, shall submit
evidence of agreements and/or easements necessary to provide access
to the building or structure on which the antennas are to be mounted,
so that installation and maintenance of the building or structure,
the antenna(s), and communications equipment building can be accomplished.
(3)
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate a communications
tower if applicable, and communications antennas.
(4)
Communications antennas shall not cause radio frequency interference
with other communications facilities located in North Newton Township.
C.
General requirements for towers.
(1)
Communications towers shall comply with all applicable Federal Aviation
Administration and Commonwealth Bureau of Aviation Regulations.
(2)
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(3)
A complete subdivision and/or land development plan shall be required for all proposed telecommunications sites. The plan must show the site boundaries and building setback areas as well as the tower/antenna, buildings, fencing, access roads with easements as may apply, required landscaping and all other requirements of Chapter 260, Subdivision and Land Development.
(4)
Recording of a plat of subdivision or land development shall be required
for any fee simple or lease parcel on which a communications tower
is proposed to be constructed.
(5)
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
an affidavit listing the name, address, telephone number and date
when the owners of potentially suitable structures within a one-half-mile
radius of the proposed communications tower were contacted, asking
permission to attach antenna(s) to their structures or buildings.
"Suitable structures" shall include but not be limited to smokestacks,
silos, water towers, buildings over 35 feet in height, support structures
of other telecommunications companies, and other communications towers
(fire, police, etc.). The affidavit shall include copies of the requests
and responses which indicate that one or more of the following reasons
for not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed antenna and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(f)
That technological evidence establishes the communications tower/antenna
must go where it is proposed in order to satisfy its function in the
grid system and the providing of the quality of service required by
law.
(6)
The Township may request a review of the application and affidavit
by a qualified engineer for evaluation of need for and design of any
new tower. The cost for such review shall be borne by applicant.
(7)
The following sites shall be considered by applicants as the preferred
order to location of communications antennas and assorted equipment.
As determined feasible, and in order of preference, the sites are:
(8)
The applicant shall submit certification from a Pennsylvania Registered
Professional Engineer that a proposed communications tower will be
designed and constructed in accordance with the current "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,"
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Pennsylvania
and North Newton Township Building Code.[1]
(9)
The applicant and/or owner shall accept full responsibility for any
legal action that arises from damage to private and/or public property
during the construction, use, and maintenance of the telecommunication
site, and shall indemnify, defend and hold the Township harmless from
said legal action.
(10)
No building permit shall be issued until the owner or operator
provides the Township with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence,
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the communications tower and communications antennas.
(11)
No building permit shall be issued until the owner of the communications
tower, antenna or any associated facilities provides a deposit with
the Township of financial security, in an amount sufficient to cover
the cost to dismantle and remove the communications tower, antenna,
or any associated facilities, including structures and buildings within
six months of the date upon which the communications tower or facilities
remain unused for a period of 12 consecutive months. The party providing
the financial security shall be the owner or operator. Such financial
security shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the party posting the financial security
and acceptable to the Township Supervisors, provided said bonding
company or lending institution is authorized to conduct such business
within the commonwealth. If ownership of the facilities is transferred,
the financial security must remain in place until the new owner provides
financial security in an amount equal to or greater than the current
security. The amount of financial security shall be based upon an
estimate of the cost to dismantle and remove the structure(s), and
be submitted by the applicant or owner or operator and prepared by
a professional engineer licensed as such in the commonwealth and certified
by such engineer to be a fair and reasonable estimate of such costs.
The Township, upon the recommendation of the Township Engineer, may
refuse to accept such estimate for good cause shown.
(12)
On an annual basis, the owner or operator shall submit: (a)
a copy of its current Federal Communications Commission license; (b)
the name, address and emergency telephone number for the operator
of the communications tower; (c) a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence, and property damage coverage in the minimum amount of
$1,000,000 per occurrence covering the communications tower and communications
antennas; (d) a notarized statement containing language approved by
the Township Solicitor which shall indemnify and save harmless North
Newton Township, Cumberland County, Pennsylvania from any and all
litigation which may arise from the construction, operation, maintenance
and demolition of any tower, antenna, or other structure on the telecommunications
site. This statement must be signed by the owner of the tower/antenna
and the owner of the property upon which the telecommunications facility
is located, if the property is owned by an entity other than the telecommunications
entity.
(13)
Every 24 months after the tower/antenna is put into operation,
the owner or operator shall have an on-site inspection conducted.
The inspection and inspection report shall be conducted, prepared,
signed and sealed by a professional engineer, registered in the Commonwealth
of Pennsylvania, and who is competent in structural design and inspection
of towers/antennas. The written report shall be submitted to the Township
for review, and shall detail inspections of the tower and antenna,
the tower/antenna foundation, any attachments to the tower/antenna,
guy wires and anchors (if any), buildings on the site, the perimeter
fencing and the general condition of the site with respect to safety.
This inspection report should be accompanied by a check in an amount
as set by resolution of the Board of Supervisors, made payable to
"North Newton Township" to offset the Township's cost to review the
inspection report.[2]
(14)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall continue to provide the Township with up to date information regarding the items listed in Subsection C(11) above and maintain the required general liability and property damage insurances, or dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(15)
The applicant must examine the feasibility of designing a proposed
telecommunications tower to accommodate future demand for reception
and transmitting facilities. The scope of this analysis shall be determined
by the Township. This requirement may be waived, provided that the
applicant demonstrates that the provisions of future shared usage
of the facility is not feasible and an unnecessary burden, based upon:
(a)
The number of Federal Communications Commission (FCC) licenses
foreseeable for the area.
(b)
The type of tower site and structure proposed.
(c)
The number of existing and potential licenses without tower
spaces.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by a tower designed for shared
use.
(16)
The applicant shall undertake a visual impact assessment of
any proposed new towers, any proposed modifications to existing towers,
or any antenna placements. The assessment shall include:
(a)
A demonstration that the antenna or tower is the minimum height
required to function satisfactorily.
(b)
A "zone of visibility map" provided to determine locations where
the tower or antenna may be seen.
(c)
Pictorial representations of "before and after" views from key
viewpoints within the Township limits.
(d)
Assessment of the visual impact of the tower base, accessory
buildings, and overhead utility lines from abutting properties and
streets.
(e)
Assessment of alternative tower or antenna designs and color
schemes.
(17)
The applicant shall provide written notice of the proposed tower
development to neighboring property owners within 500 feet of the
property on which the tower is to be constructed.
D.
Tower site design requirements. The design and layout of a proposed
tower site shall comply with the following:
(1)
Any applicable state or federal regulations.
(2)
Unless specifically required by state or federal regulations, all
towers shall have a finish that shall minimize, to the greatest extent
possible, the degree of visual impact.
(3)
Accessory buildings shall maximize the use of building materials,
colors and textures in order to blend with the natural surroundings.
(4)
No portion of any tower or related structure shall be used for a
sign or other advertising purpose, including but not limited to company
name, phone numbers, banners, streamers, etc.
(5)
All plans, specifications and reports for the design of new towers
must be signed and sealed by a professional engineer registered in
the Commonwealth of Pennsylvania having expertise in the design of
telecommunications sites and facilities.
(6)
All guy wires and guy wire anchors associated with guyed communications
towers shall be clearly marked so as to be visible at all times. The
guy wires shall not encroach on the front, rear, or side yard setback
areas, and shall be located within a fenced enclosure.
(7)
No lights shall be mounted on a communications tower, except as may
be required by the Federal Communications Commission, Federal Aviation
Administration or other governmental agency which has jurisdiction.
(8)
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
(9)
The site of a communications tower shall be secured by a chain-link
fence with a minimum height of eight feet to limit accessibility by
the general public. The fencing shall not contain openings greater
than nine square inches and shall include entrance gates which shall
be locked, except during such times as the site is manned by authorized
operations or maintenance personnel. No fencing shall be required
for an antenna mounted on a preexisting structure. A twenty-four-inch-by-twenty-four-inch
sign shall be attached to the gate at the entrance to the telecommunications
site and shall include the following information:
(10)
When the fencing around a newly constructed telecommunications
site is within 1,000 feet of a residential dwelling, an evergreen
screen shall be planted along the fence line that faces the dwelling.
The screening shall be planted in the area between the fence and the
property/lease boundary of the telecommunications site. The evergreen
screen shall be created by planting trees (a minimum of six feet tall
at planting that will grow to a minimum of 15 feet tall at maturity)
on ten-foot centers maximum. In addition, existing vegetation on and
around the site shall be preserved to the greatest extent possible.
(11)
Antenna support structures shall be set back from all property
lines a distance equal to the height of the tower and any attached
antenna.
(12)
At least two off-street parking spaces shall be provided.
(13)
All other uses ancillary to the antenna, tower, and associated
equipment are prohibited (except accessory equipment buildings), unless
otherwise permitted in the zoning district in which the site is located.
This includes, but is not limited to, business offices, maintenance
depots and vehicle storage.
E.
Amateur radio. This chapter shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio status operator.
In the VMU Zone, convenience stores with or without fuel dispensing
are permitted by conditional use and in the C-I Zone by right, subject
to the following conditions:
A.
A site circulation plan shall be provided that depicts the separation
of fuel dispensing and convenience store areas. The plan shall show
the location and dimensions of all structures, fuel pumps and location
of the tank field; the location and dimensions of parking, landscaping
areas and signage; and the description of internal circulation and
access.
B.
Minimum setback for access drives shall meet the following standards:
C.
All merchandise shall be displayed within a building.
D.
Fuel delivery shall not impede traffic-flow patterns.
Conversion apartments shall be permitted by conditional use
in the A, R-1, R-2, and VMU Zones subject to the following criteria:
A.
All dwelling units within the building shall contain at least 400
square feet of habitable floor area.
B.
Any extensions or modifications to the external appearance of the
building (except fire escapes) shall complement its residential character.
C.
All floors above or below grade shall have a permanently affixed
direct means of escape to ground level.
D.
Two off-street parking spaces per unit shall be provided.
E.
The applicant shall furnish evidence of an approved means of water
supply and sewer disposal.
Within the A and VMU Zones, ECHO housing is permitted by right,
and in the R-1 and R-2 Zones, ECHO housing is permitted by conditional
use subject to the following criteria:
A.
The ECHO housing may not exceed 1,000 square feet of floor area;
B.
The total lot coverage for the principal dwelling, any existing accessory
structures, the ECHO housing, and impervious surfaces together shall
not exceed the maximum requirement for the zone in which the ECHO
housing is located;
C.
The ECHO housing shall be occupied by either an elderly, handicapped
or disabled person related to the occupants of the principal dwelling
by blood, marriage or adoption;
D.
The ECHO housing shall be occupied by a maximum of two people;
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the ECHO
housing shall be physically connected to those systems serving the
principal dwelling. No separate utility systems or connections shall
be constructed or used. All connections shall meet the applicable
utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant shall
submit evidence to North Newton Township showing that the total number
of occupants in both the principal dwelling and the ECHO housing will
not exceed the maximum capacities for which the original septic systems
were designed, unless those systems are to be expanded, in which case,
the expansion approvals are to be submitted.
F.
A minimum of one off-street parking space, with unrestricted ingress
and egress to the street, shall be provided for the ECHO housing,
in addition to that required for the principal dwelling;
G.
The ECHO housing shall not be permitted in the required front yard
setback and shall adhere to all side and rear yard setback requirements
for principal uses;
H.
The ECHO housing shall be removed from the property or reestablished as a use permitted in the district in compliance with Chapter 260, Subdivision and Land Development, to the extent necessary, within 12 months after it is no longer occupied by a person who qualifies for the use; and
I.
Upon the proper installation of the ECHO housing, the Zoning Officer
shall issue a temporary use and occupancy permit. Such permit shall
be reviewed every 12 months.
J.
Subject to compliance with the above criteria, ECHO housing shall
be considered an accessory use and shall not require submission of
a land development plan.
A.
Forestry shall be permitted by right in all zoning districts. The
following standards apply to all timber harvesting within the municipality
where the area being timbered exceeds one acre. These provisions do
not apply to the cutting of trees for the personal use of the landowner
or for pre-commercial timber stand improvement.
B.
Notification and preparation of a logging plan.
(1)
For all timber harvesting operations, the landowner shall notify
Zoning Officer at least 10 business days before the operation commences
and within 10 business days before the operation is complete. No timber
harvesting shall occur until the notice has been provided. Notification
shall be in writing and shall specify the land on which harvesting
will occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation.
(2)
Every landowner on whose land timber harvesting is to occur shall
prepare a written logging plan in the form specified by this chapter.
No timber harvesting shall occur until the plan has been prepared.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the harvest site all times during the
operation and shall be provided to the Zoning Officer upon request.
(3)
The landowner and the operator shall be jointly and separately responsible
for complying with the terms of the logging plan.
(4)
An erosion and sedimentation pollution control plan must be approved
by the Cumberland County Conservation District if over 25 acres of
disturbance occurs, in accordance with Title 25 Pennsylvania Code,
Chapter 102. Documentation of such approval is required prior to the
beginning of any timber harvest activities.
C.
Contents of the logging plan. As a minimum, the logging plan shall
be acceptable to the Zoning Officer and shall include the following:
(1)
The design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(3)
The design, construction, and maintenance of stream and wetland crossings.
(4)
The general location of the proposed operation in relation to municipal
and state highways, including any accesses to those highways.
(5)
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of water of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable
state regulations including, but not limited to, the following: erosion
and sedimentation control regulations contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35
P.S. § 691.1 et seq); and stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.
§ 693.1.et seq.).
(7)
Any permits required by state laws and regulations shall be attached
to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
D.
Forest practices. The following requirements shall apply to all timber
harvesting operations in North Newton Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of North Newton Township or the
Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 feet and 50 feet of any public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above ground.
(4)
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
(5)
No tops or slash shall be left within 50 feet of any perennial of
intermittent stream or the designated floodplain of any stream, whichever
is greater.
(6)
No harvest of trees shall occur within 150 feet of any stream designated
as high quality or exceptional value or 100 feet of any other stream
in accordance with 25 Pa. Code Chapter 102.
(7)
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
E.
Responsibility for road maintenance and repair: road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49;
and Title 67 Pennsylvania Code, Chapter 189, the landowner and the
operator shall be responsible for repairing any damage to North Newton
Township roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic, and may be required to furnish a bond to guarantee
the repair of such damages.
Fueling stations are permitted by right in the C-I Zone subject
to the following criteria:
A.
All structures (including air compressors, kiosks, gasoline pump
islands, but not including signs) shall be set back at least 15 feet
from any street right-of-way line.
B.
No outdoor storage of auto parts shall be permitted.
C.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet from and oriented away from any adjoining residence.
D.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Within the VMU Zone, funeral homes or mortuaries, excluding
crematories, shall be permitted by conditional use subject to the
criteria below. Within the C-I Zone, funeral homes, mortuaries and
crematoriums are permitted by right, subject to the following criteria:
A.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner which complies
with state and federal regulations.
B.
Parking shall be designed to prevent traffic back ups onto adjoining
roads.
C.
A one-hundred-foot off-street stacking area for the formation of
the funeral procession shall be provided on the site.
D.
No funeral procession will be allowed to form on public streets.
A.
Within the A and R-1 Zones, golf courses are permitted by conditional
use subject to the following criteria:
(1)
In no case shall the golf course design permit or encourage
a golf ball to be driven across any building, building lot, parking
lot, or public street, access drive, or driveway;
(2)
All golf course buildings and uses shall be set back 50 feet
from any adjoining roads and 100 feet from adjoining residential parcels;
(3)
Golf courses may include accessory uses and recreation amenities,
provided such uses are reasonably sized, and located so as to provide
incidental service to the golf course employees and users;
(4)
All outdoor storage of maintenance equipment and/or golf carts
shall be set back at least 100 feet and be screened from adjoining
residential structures and roads;
(5)
All dumpsters and off-street parking and/or loading areas shall
be screened from adjoining residences. In addition, all off-street
loading and dumpsters shall be screened from adjoining roads; and
(6)
Any driving range as part of the golf course shall include appropriate
netting or other devices to prevent balls from leaving the property.
B.
The construction of a golf course shall be considered a "development" and subject to all appropriate requirements of the Township and Chapter 260, Subdivision and Land Development.
C.
In addition to requirements of Chapter 260, Subdivision and Land Development, the plans shall include the following information:
(1)
Earthmoving and erosion-control management;
(2)
Runoff controls for herbicides, pesticides, fungicides, and
fertilizer, and plans for disposal of the containers for those items;
(3)
Water use plan, including emergency condition usage;
(4)
Wastewater treatment and disposal plan;
(5)
Mosquito control; and
(6)
Nutrient plan to ensure nitrates, herbicides, pesticides, fungicides
or other fertilizer is used in compliance with applicable law.
D.
Any points where the golf course crosses a road, driveway, or parking
lot shall be signed, warning motorists and pedestrians.
E.
In addition to the setback regulations of the district in which the
use is located, the following setback regulations shall be required:
(1)
Fairways and greens shall be set back a minimum of:
(a)
One hundred and fifty feet from any residential or nonresidential
structures on lots abutting the golf course. For undeveloped residential
or nonresidential lots abutting the golf course, the one-hundred-fifty-foot
setback shall be measured from the closest setback line of the abutting
property.
(b)
One hundred and fifty feet from the existing street right-of-way
line.
A group home is permitted by right in the A, R-1, R-2, and VMU
Zones. The following information shall be provided to the Township
Zoning Officer prior to the issuance of a building or zoning permit:
A.
In a narrative form, a statement of the proposed use, including its
location, number of residents, telephone number and contact person
of the sponsoring agency.
B.
A statement that all required approvals, permits and licenses have
been granted from the federal, state and county governments or other
public agencies.
C.
The group home shall maintain a similar appearance, condition and
character to the existing dwellings in the immediate vicinity of the
group home.
D.
Occupants of the group home shall live as a family unit.
E.
Under no circumstances shall any uses qualifying for or falling under
the definition of "halfway house" be considered a group home.
F.
If on-site sewer systems are to be used, the applicant shall show
evidence that the system is, or will be, adequate to serve the occupants.
This shall be subject to review and approval by the Sewage Enforcement
Officer.
Halfway houses shall be permitted in the C-I Zone by conditional
use subject to the following criteria:
A.
A halfway house must be licensed where required by an appropriate
government agency(ies) and shall be in compliance with all applicable
rules and regulations of the licensing body(ies). A copy of any required
license must be delivered to North Newton Township prior to beginning
the use.
B.
A halfway house shall be directly affiliated with a parent institution
or organization, which shall provide full-time supervision and administration
to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
D.
The halfway house shall not be located within 1,000 feet of any religious
structure, public recreation facility, school facility, day-care center
or public library.
E.
The halfway house shall not be located within 1,000 feet of another
halfway house.
F.
Each conditional use application shall be accompanied by a statement
describing the following:
G.
Any use permit granted for the halfway house shall be bound to the
type and number of residents listed on the application. Any change
in the type or number of residents being housed shall require a new
hearing before the governing body.
A.
Within the A Zone, heavy equipment service and/or repair facilities
are permitted by conditional use, subject to the criteria listed below.
Within the C-I Zone, heavy equipment sales, service and/or repair
facilities are permitted by right, subject to the following criteria:
(1)
All paint work shall be performed within a building with a fume
collection and ventilation system. Outdoor major repairs (such as
body work and grinding) and outdoor welding shall not occur within
250 feet of a residential lot line.
(2)
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining dwelling or
land within the R-1, R-2, or VMU Zones.
(3)
All exterior storage/display areas shall be set back at least
50 feet from adjoining street lines and shall be covered in an all
weather, dust-free surface.
(4)
Overnight outdoor storage of junk shall be prohibited within
view of a public street or a dwelling.
(5)
Any junk vehicle shall not be stored for more than 20 days.
No more than three junk or unlicensed vehicles may be stored on a
property and any such vehicle must be screened from view from streets
and other lots by landscaping or buildings.
(6)
All reasonable efforts shall be made to prevent or minimize
noise, odor, vibration, light or electrical interference to adjacent
lots in accordance with this chapter.
B.
The applicant shall furnish evidence that the storage and disposal
of all materials will be accomplished in a manner that complies with
state and federal regulations.
A.
Within the A and C-I Zones, helistops are permitted by conditional
use, subject to the following criteria:
(1)
All facilities shall be designed and operated in strict compliance
with all applicable state and federal laws and regulations.
(2)
The applicant shall furnish evidence of the obtainment of a
license from the Pennsylvania Department of Transportation, Bureau
of Aviation, prior to the approval of the conditional use application.
(3)
An application for the helistop on a roof shall be accompanied
by a certification by a registered engineer that the loads imposed
by the helicopter will be supported by the structure.
(4)
The helistop shall be located a minimum of 300 feet from any
property line.
B.
It shall be unlawful for any person to land, discharge, load or take
off in a helicopter in any place within North Newton Township other
than at a heliport or helistop except:
(1)
In conjunction with a special event such as an athletic contest,
holiday celebration, parade or similar activity, after seven days'
advance notice has been given to the Township and permission obtained
to make such landing and takeoff.
(2)
When necessary for police and/or fire training or when necessary
for law enforcement purposes and for emergencies.
(3)
In connection with a construction project where a helicopter
is to be used to lift equipment in connection with such project.
(4)
Spraying and dusting for agricultural purposes.
Within all zones, home occupations are permitted by right as
accessory uses, subject to the following criteria:
A.
The use shall be conducted primarily by a permanent resident of the
dwelling, and involve a maximum of one person working on-site at any
one time who does not reside within the dwelling.
B.
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
C.
The use shall occupy an area that is not greater than 25% of the
total floor area of the principal dwelling unit. The use shall clearly
be secondary to the residential use.
D.
One off-street parking space shall be required per nonresident employee
and adequate off-street parking shall be provided for patrons.
E.
The use shall not require delivery or pickup by tractor-trailer trucks.
F.
No excavating equipment shall be parked overnight on a residential
lot or an adjacent street as part of a home occupation.
G.
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
H.
A home occupation shall not be conducted in a manner that is perceptible
to other residents between the hours of 9:00 p.m. and 7:30 a.m.
I.
Any tutoring or instruction shall be limited to a maximum of three
students at a time.
K.
The use shall not involve manufacturing, other than of custom crafts
and sewing. The use shall not involve commercial repair of motor vehicles.
L.
If more than one home occupation is conducted within a dwelling,
the total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter. In any case, no more
than one nonresident employee shall be allowed to work on site at
one time.
B.
Church-related residences (rectories and convents) shall be accessory,
and located upon the same lot or directly adjacent to a lot containing
a house of worship.
(1)
All residential uses shall be governed by the location, height
and bulk standards imposed upon other residences within the underlying
zone, except that any number of persons of a convent and/or seminary
may share the dwelling.
C.
Church-related educational or day-care facilities.
(1)
All educational or day-care uses located upon the same lot as
a house of worship shall be accessory.
(2)
An outdoor play area shall be a minimum of 1,000 square feet.
Off-street parking compounds shall not be used as outdoor play areas.
Outdoor play areas shall not be located within the front yard. Additionally,
outdoor play areas shall be located and designed so as not to disrupt
normal activities of adjoining uses. There shall be a minimum of a
four-foot-high fence separating the play area from adjoining residentially
used or zoned properties. Any vegetative materials located within
the outdoor play areas shall be of a non-harmful type (poisonous,
thorny, allergenic, etc.). All outdoor play areas must provide a means
of shade, such as a shade tree(s) or pavilion(s).
(3)
Passenger dropoff areas shall be provided and arranged so that
passengers do not have to cross traffic lanes on or adjacent to the
site.
(4)
All educational or day-care uses shall be governed by the location,
height, and bulk standards imposed upon principal uses within the
underlying zone unless otherwise provided in this section.
(5)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10, and/or one off-street parking space for each
three students grades 10 and above.
Within the A and R-1 Zones, hunting, fishing, and recreational
private clubs are permitted by conditional use subject to the following
criteria:
A.
All off-street parking shall be set back at least 30 feet from any
adjoining land within the R-2 or VMU Zones.
B.
Outdoor recreation/activity areas shall be set back at least 50 feet
from all property lines. No shooting ranges shall be permitted unless
approved under the provisions of this chapter.
An incidental business shall be a conditional use in the A Agriculture
District and R-1 Rural Residential District subject to the following
specific criteria:
A.
No more than the equivalent of six nonresidents shall be employed
by all incidental businesses. At least one owner of the incidental
business must reside on the site. For the purpose of this section,
"employed" shall be defined as involved in the on-site conduct of
the business.
B.
Where practicable, the incidental business shall be conducted within
an existing building. Any new building constructed for use by the
business shall be located so as not to interfere with site drainage
and clear sight triangle and must be not less than 50 feet from any
adjoining residential properties.
C.
Incidental businesses adjacent to a residential zone or use shall provide a 50 feet buffer yard and comply with the screening requirements of Article IX of this chapter.
D.
The total of all incidental businesses shall not occupy buildings
totaling more than 4,000 square feet of gross floor area.
E.
Any sign used for an incidental business shall comply with the sign regulations in Article IX of this chapter.
F.
Evidence shall be provided indicating that the disposal of all materials
and wastes will be accomplished in a manner that complies with state
and federal regulations. Should the nature of the incidental business
change in the future, such that the materials used or wastes generated
changes significantly either in type or amount, the owner of the operation
shall so inform the Zoning Officer, and shall provide additional evidence
demonstrating continued compliance with the requirements of this section.
Within the A Zone, an intensive agricultural operation including
concentrated animal feeding operations (CAFO) and concentrated animal
operations (CAO) shall be permitted as a conditional use subject to
the following criteria:
A.
The parcel of contiguous land owned by the owner of an intensive
agricultural operation shall be and remain at least 50 acres in the
Agriculture Zoning District.
[Amended 3-28-2017 by Ord. No. 2017-1]
(1)
Irrespective of the provisions of this section, any intensive
agricultural operation in existence prior to the enactment of this
chapter may not expand such operation without obtaining a conditional
use approval from North Newton Township.
(2)
Any building or building addition constructed after the date
of the enactment of this chapter to house animals in an intensive
agricultural operation must maintain the following setbacks:
(a)
From a dwelling not owned by the owner of the intensive agricultural
operation, a church, a building used in connection with a home occupation
or incidental business, or other building occupied by human beings
at least 10 hours a week: 500 feet from an occupied building located
in the Agriculture Zoning District and 1,000 feet from an occupied
building in a nonagriculture zoning district.
(b)
From a property line or watercourse: 100 feet.
(c)
From a well not owned by the owner of the intensive agricultural
operation: 150 feet.
(d)
Buildings housing animals shall not be located within the floodplain.
B.
The owner of the intensive agricultural operation must establish
and maintain an access to the operation so that all motor vehicles
making a right turn, whether entering or leaving the property, can
do so without first having to enter the left-hand side of the public
highway.
D.
The intensive agricultural operation must ensure dead animals, if
disposed of on the property, are disposed of in strict accordance
with the applicable standards of the Pennsylvania Department of Environmental
Protection.
E.
New construction or expansion of concentrated animal feeding operations
(CAFOs) or concentrated animal operation (CAOs) shall have an approved
odor management plan in accordance with Pennsylvania Act 38, Nutrient
and Odor Management Act.[2] A copy of the approved odor management plan shall be provided
to the Township, along with any subsequent amendments and notices
of violations by the Department of Environmental Protection.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
Within the C-I Zone, junkyards are permitted by conditional use subject to the requirements of Chapter 186, Junkyards.
Manure storage facilities are permitted as an accessory use in the A and R-1 Zones, subject to § 300-75 of this chapter and the following specific criteria:
A.
All manure storage facilities shall be designed and located in compliance
with the guidelines outlined in the publication Manure Management
for Environmental Protection, Bureau of Water Quality Management Publication
No. 3 and 25 Pa. Code Chapter 91, Pollution Control and Preservation
at Agricultural Operations; and located in accordance with 25 Pa.
Code Chapter 83, State Conservation Commission - Minimum Standards
for Manure Storage Facilities; and any revisions, supplements and
replacements thereof, published by the Pennsylvania Department of
Environmental Protection.
B.
All manure storage facilities' designs shall be reviewed by the Cumberland
County Conservation District. The applicant shall furnish a letter
from the Conservation District attesting to approval of the design
of the proposed facility.
C.
Construction and subsequent operation of the manure storage facility
shall be in accordance with the permit and the approved design. Any
design changes during construction or subsequent operation will require
another review by the Cumberland County Conservation District, a record
of which should be filed with the Zoning Officer.
Within the C-I Zone, mini-warehouses are permitted by right
subject to the following criteria:
A.
Off-street parking spaces shall be provided in accordance with the off-street parking regulations in Article IX of this chapter.
B.
No business activities, other than rental of storage units, shall
be conducted on the premises.
C.
The storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals is prohibited.
D.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
E.
All access drives, parking and loading areas must be maintained with
a dustless surface and shall be mud free.
F.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when storage
units open onto one side of the lane only, and at least 30 feet wide
when storage units open onto both sides of the lane, and be designed
to accommodate emergency vehicles;
G.
External storage area may be provided for the storage of privately
owned travel trailers and/or boats, so long as such external storage
area is screened from adjoining land within the R-1, R-2, or VMU Zones,
and is located behind the minimum front yard setback line.
Mobile/manufactured home parks shall be permitted in the R-1
and R-2 Zones by conditional use subject to the following criteria:
A.
Mobile/manufactured home parks shall comply with the mobile home park regulations of Chapter 260, Subdivision and Land Development.
B.
A mobile home park or manufactured home park shall only include homes
of single or multiple widths, but shall not include travel trailers
or motor homes.
C.
Any parcel to be used as a mobile/manufactured home park shall have
a minimum tract area of 25 acres.
D.
Coverage regulations. The maximum impervious coverage of any individual
mobile/manufactured home lot shall not exceed 25%.
Municipal uses including public recreational facilities and
public utilities shall be permitted by right in all zoning districts,
subject to the following criteria:
A.
The applicant must demonstrate that the selected location is necessary
for public service.
B.
If located within a residential district, all buildings and structures
shall be designed (to the extent possible) to have the exterior appearance
of a residence.
C.
In any residential district, the outdoor storage of vehicles or equipment,
used in the maintenance of a utility, shall be screened from adjoining
roads and all properties in accordance with this chapter.
D.
There shall be no specific minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
impervious lot coverage requirements as prescribed in the underlying
zoning district.
E.
Height regulations for the underlying zoning district shall be followed.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical, or microwave disturbance, or any other objectionable impact,
nuisance or safety hazard beyond the subject property.
A no-impact home based business shall be permitted in all zones
in accordance with the following requirements, except that such accessory
use shall not supersede any deed restriction, covenant or agreement
restricting the use of land, nor any master deed, bylaw or other document
applicable to a common-interest-ownership community.
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
Outdoor cafes shall be permitted in the VMU and C-I Zones as
an accessory use to a restaurant or establishment which serves food,
subject to the following criteria:
A.
The utilization of sidewalk space beyond the building line, as well
as the use of lawn or yard area, including decks, patios or porches,
shall be permitted to accommodate the serving of food to patrons.
The use of the sidewalk shall consist of tables and chairs set in
front of the restaurant or establishment permitted to serve food to
patrons.
A.
Quarries shall be permitted by conditional use in A, R-1, and C-I
Zones. The requirements set forth below in this section shall not
apply to small noncoal surface mining activities (less than 10,000
tons per year and maximum permit area of five acres) as regulated
in 25 Pa. Code, Chapter 77. Small quarries, as described above, shall
be subject to other requirements of this chapter, including screening,
buffer, and setbacks.
B.
As part of each application, the applicant shall furnish an accurate
survey site plan, at a scale no less than one inch equal to 400 feet,
showing the location of the tract or tracts of land to be affected
by the operation. The surveyed site plan shall be sealed by a registered
professional engineer or a registered professional land surveyor and
shall include the following:
(1)
The boundaries of the proposed affected area, together with
drainage area above and below the area.
(2)
The location and names of the types of resources to be extracted
or quarried and names of all natural and man-made features, such as
streams, roads, railroads, and utility lines, on or immediately adjacent
to the area.
(3)
The location of all buildings within 1,000 feet of the parcel;
and the names and addresses of the owners and present occupants; total
acreage; names and addresses of adjacent landowners; and the location
of rights-of-way and easements, abutting and/or adjacent zoning districts
and land uses.
(4)
The purpose for which each building is used, and estimated depth
of the proposed operation and land area to be excavated, with dimensions.
(5)
Proposed alterations to watercourses to assure stream quality
and quantity.
(6)
Any proposed fencing and landscaping.
(7)
A contour map showing cross sections of any proposed quarry
area, including a detailed hydrogeologic groundwater study based on
complete site studies.
C.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Board of Supervisors a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data, including but
not limited to wells evaluated as part of the study; and shall clearly
set forth the conclusions and recommendations of the professional.
D.
A traffic study shall be submitted by the applicant in accordance with Chapter 260, Subdivision and Land Development, unless the Township shall agree otherwise in writing. If the traffic study demonstrates that improvements to Township or state roads shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make and/or guarantee cost of such improvements.
E.
At the time of application for a conditional use, an operations statement
shall be submitted which shall include a detailed description of methods
for satisfactorily handling operations with respect to the emission
of noise, dust, blast, smoke, refuse matter or water, odor, gas, fumes
or similar substances or conditions which may endanger the health,
safety or general welfare or which can cause any soiling or staining
of persons or property beyond the property line. All such operations
statements shall be in full compliance with all applicable state and
federal statutes and regulations of this chapter. All pollution, soil
erosion and sedimentation control, and other environmental problems
created during the operation, including the production, transportation,
processing, stockpiling, storage and disposal of products, by-products
and wastes, shall be corrected by the operator.
F.
At the time of application for a conditional use, a reclamation plan
shall also be submitted setting forth the following information:
(1)
An engineering drawing showing ownership, existing and future
topography, streams, existing roads, buildings, boundaries and legal
description of the tract.
(2)
A description of the location, type, extent, methods and time
schedule for the operation proposed.
(3)
A drawing showing the location and/or proposed relocation of
land, trees, buildings, structures, public roads, streams, drainage
facilities and utility lines on the tract or adjacent tracts as may
require protection, repairs, clearing, demolition or restoration either
during or following the completion of the operations proposed.
(4)
A plan for reuse of the land after completion of the operations
which shall permit the carrying out of the purposes of this article
and appropriately provide for any restoration, reclamation, reforestation
or other correction work deemed necessary and which shall comply with
all applicable state and federal statutes and regulations governing
the reclamation of the proposed facility.
G.
As a condition of approval, the operator must certify that, after
the termination of operations, he/she must rehabilitate the area to
conform to the reclamation plan and all applicable federal and state
statutes and regulations.
H.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Noncoal Surface Mining Conservation and Reclamation
Act, Act of December 19, 1984, P.L. 10993 No. 219, as amended, 52
P.S. § 3301 et seq., or any subsequent amendment or enactment
of the Pennsylvania General Assembly regulating mining, and the regulations
of the Department of Environmental Protection implementing such statutes.
I.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
J.
The operator shall provide North Newton Township with copies of any
notices of violation received from the Department of Environmental
Protection or U.S. Environmental Protection Agency within two weeks
from the date such notice of violation was received by the operator.
K.
All screening and buffers required by this chapter shall be provided.
Such screening, plantings and fencing shall be permanently maintained.
L.
Quarry operations shall maintain a three-hundred-foot setback from
all property lines.
M.
No structures or parking areas shall be located closer than 100 feet
to any property line.
N.
Waste products or waste containers shall not be placed within required
yards. All such containers shall be completely enclosed by a solid
fence or wall.
O.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, locks,
gate, and other means to deny access at unauthorized times.
P.
Vehicular access shall be designed so as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
Q.
Sufficiently long vehicle-stacking lanes into the facility shall
be provided so that waiting vehicles to be weighed will not back up
onto public roads.
R.
All access drives onto the site shall be paved to a cartway width
of 35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed-stone section of
driveway shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels. The owner/operator shall be responsible for any dirt/mud deposited
on the public right-of-way.
S.
The facility shall front upon, and gain access from, an arterial or collector, as defined in the Township's Comprehensive Plan, as amended, or Chapter 260, Subdivision and Land Development.
T.
There shall be no operations on Sunday and no operation between 7:00
p.m. and 5:00 a.m. on other days.
U.
Within 90 days after the commencement of surface mining operations
and each year thereafter, the operator shall file an operations and
progress report with the Zoning Officer and/or North Newton Township
Engineer setting forth the following:
(1)
The name and address and telephone number of the operator.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpiles, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of material produced.
(6)
The current status of the reclamation work performed pursuant
to the approved reclamation plan.
(7)
A maintenance report for the site verifying that all required
fencing, berming, and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operator shall furnish copies
of any approved permits and/or any notices of violations issued by
the Pennsylvania Department of Environmental Protection to the Zoning
Officer and/or Township Engineer.
Within the C-I Zone, racetracks are permitted by conditional
use, subject to the following criteria:
A.
The minimum setbacks of all structures from public roads shall be
100 feet.
B.
Such facility shall be situated no closer than 500 feet from any
property line in residential use at the time of approval or residential
zone.
C.
Access to such facility shall be by a paved road. All racetracks
shall have direct access to an arterial or collector roadway, as identified
in the Comprehensive Plan. Traffic shall not be directed through residential
subdivisions or residential streets.
D.
Off-street parking shall be provided at a minimum of one space for
each three patrons or seats.
E.
Any lighting provided at such facilities shall be subject to the
provisions of this chapter.
F.
Accessory uses and/or structures may be permitted in conjunction
with the principal use of the property, provided that such uses are
physically designed as a part of or within the principal structure.
Such uses may include food sales, beverage sales, gift or souvenir
shops, and similar activities.
G.
Noise from the racetrack shall not exceed 80 decibels at 100 feet
from the racetrack property line.
H.
Hours of operation of the racetrack shall be between 10:00 a.m. (noon
on Sunday) and 8:00 p.m. and no more than three days per week.
I.
Overnight parking and/or all forms of camping shall not be permitted.
Within the C-I Zone, recycling center is permitted by right,
subject to the following criteria:
A.
All operations, including collection shall be conducted within a
completely enclosed building.
B.
There shall be no outdoor storage of materials processed, used or
generated by the operation.
C.
The applicant shall provide a written documentation of the scope
of operation, and measures used to mitigate problems associated with
noise, fumes, dust, and litter.
D.
The applicant will be required to assure regular maintenance of the
site to immediately collect stray debris.
Within the VMU Zone, retail business, business services, and
personal services are permitted by conditional use subject to the
criteria below:
A.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties due to hours of
operation, light, noise, and/or litter.
B.
Any outdoor storage area shall be screened from view by solid fencing
or coniferous plantings at least five feet in height.
Within the A and R-1 Zones, retail sale of agricultural, plant
nursery and garden supplies and goods are permitted by conditional
use, subject to the following criteria:
A.
All outdoor display areas shall be set back at least 25 feet from
the street right-of-way line, comply with side and rear setbacks of
the zoning district, and shall be calculated as part of the maximum
permitted lot coverage, regardless of its surface treatment;
B.
All structural improvements (including parking and loading facilities, but not including a freestanding sign) shall be screened from adjoining land in accordance with § 300-71;
C.
Applicant shall demonstrate that it has adequate parking for the
intended use;
Retirement facilities shall be permitted in the R-1, R-2 and
VMU Zones by conditional use subject to the following criteria:
A.
The retirement facility is designed primarily for persons aged 55
and over.
B.
The following uses shall be permitted as principal uses within the
retirement facility.
C.
The following accessory uses shall be permitted for the use of residents
and guests:
(3)
Each accessory use shall be located in a building occupied by
residential uses or in a community activities building.
(4)
Each accessory commercial use shall not exceed 2,500 square
feet of net floor area (for accessory commercial uses, "net floor
area," as defined herein, shall also exclude food preparation areas
and lavatories).
(5)
The total area reserved of commercial accessory uses shall not
exceed 4% of the total land area, including buildings, access drives
and parking, or no more than 25,000 square feet, whichever is less.
D.
Retirement communities shall meet the following area, density, coverage
and yard requirements:
(1)
Minimum development area shall be 10 acres.
(2)
Maximum density for residential units, as referenced in § 300-123B(1), shall be eight units per acre.
(3)
Maximum impervious lot coverage shall be 60%.
(4)
Minimum vegetative coverage shall be 40%.
(6)
More than one building on a single lot shall meet the following
minimum interior yard spacing requirements:
E.
Staging of development. When the retirement facility is to be developed
in stages, the following criteria must be met:
(1)
The land development plan presented to North Newton Township
must show the approximate location and type of use for each stage
of the development.
(2)
If nonresidential uses will be a part of the development, the
sequencing shall be shown so that not all residential development
is constructed prior to the construction of the nonresidential development,
unless the development involves an existing retirement community that
already includes existing nonresidential components, in which case,
the staging requirement would not apply.
F.
Public/community water and sewer shall be required.
G.
A landscaping plan for the entire tract shall be required in accordance with Article IX of this chapter.
H.
The retirement facility shall provide proof that all applicable state,
county and municipal licenses have been obtained.
Riding schools and stables are permitted by right within the
A Zone, and by conditional use in the R-1 Zone, subject to the following
criteria:
A.
On parcels of land less than 10 acres in area, no more than two equine
animals are kept per 40,000 square feet in area.
B.
All animals, except while exercising or pasturing, shall be confined
in a building erected or maintained for that purpose and shall meet
the following requirements:
C.
All outdoor training, show, or riding areas shall be enclosed by
a minimum four-foot-high fence and shall be set back a minimum of
100 feet from any adjacent residence whose owner is not the owner
of this use. Any pasture fencing shall be located at least five feet
from a property line of an existing residential use.
D.
Satisfactory evidence must be presented to indicate that adequate
storage and disposal of animal waste will be provided in a manner
that will not create a public health hazard or nuisance.
E.
All parking compounds and unimproved overflow parking areas shall
be set back at least 50 feet from adjoining lot lines. Unimproved
overflow parking areas shall provide a fence delineating such occasional
parking facilities and preventing the parking and/or movement of vehicles
across neighboring properties. There shall be one space for each nonresident
employee and one space for every two equine animals kept on the property.
Within the C-I Zone, sanitary landfill and incinerator facilities
shall be permitted by conditional use, subject to the North Newton
Township ordinance regulating dumping, burying or depositing, storing
or treating refuse within the Township[1] and the following criteria:
A.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Board of Supervisors.
B.
The applicant shall present duplicate sets of plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Township.
If a conditional use is granted, the operator shall continue to present
such documentation to the Township when it is submitted to the Pennsylvania
Department of Environmental Protection.
C.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Municipal Waste Planning, Recycling and Waste
Reduction Act[2] or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste recycling and recovery, and the
regulations of the Department of Environmental Protection implementing
such statutes.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.
The minimum lot area shall be 50 acres for solid waste disposal facilities.
E.
A fence measuring eight feet high shall be provided around the entire
facility. The fence used shall have openings less than three inches
in any dimension, if any. Along a residential zone or within 500 feet
of an existing residential dwelling, an evergreen screen must be planted
along the outside of the fence, within the building setback area along
the property line. The evergreen screen shall be created by planting
trees six feet tall at planting that will grow to a minimum of 15
feet tall at maturity, on ten-foot centers maximum.
F.
The applicant shall submit to the Township a hydrogeologic study
performed by a qualified hydrogeologist or other similar professional
concerning the potential adverse effect of the proposed use on the
water supply for neighboring properties. Such study shall be prepared
in accordance with the accepted hydrogeological standards and practices;
shall contain the sources of all test data, including but not limited
to wells evaluated as a part of the study; and shall clearly set forth
the conclusions and recommendations of the professional.
G.
The operator shall limit access to the site to those posted times
when an attendant is on duty. Access drives shall be secured by fences,
gates, locks or other means to deny access at unauthorized times.
H.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
I.
Sufficiently long vehicle-stacking lanes (inspected and approved
by the Municipal Engineer) into the facility shall be provided so
that vehicles waiting to be weighed will not back onto public roads.
J.
All driveways onto the site shall be paved to a cartway width of
35 feet for a distance of at least 100 feet from the street right-of-way
line. In addition, a one-hundred-foot long crushed stone section of
access drive shall be placed just beyond the preceding one-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels. The owner and/or operator shall be responsible for removing
any mud from public roads caused by persons traveling to and from
the site.
K.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
L.
A traffic study shall be submitted by the applicant in accordance with Chapter 260, Subdivision and Land Development, unless the Township shall agree otherwise in writing. If the traffic study demonstrates that improvements to Township or state roads shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make and/or guarantee cost of such improvements.
M.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
N.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
or U.S. Environmental Protection Agency within 48 hours from the date
such notice of violation was received by the operator.
O.
The applicant shall submit an operating schedule to North Newton
Township.
P.
Litter control measures shall be implemented to prevent scattering
of materials and a plan for the cleanup of litter shall be submitted
to the Township.
Q.
No structures shall be located closer than 300 feet to any property
line and no parking areas shall be located closer than 100 feet from
a property line.
R.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All required fencing shall be maintained
in good repair.
S.
The unloading, transfer and disposition of materials shall be continuously
supervised by a qualified facility operator. Vibrations and emissions
into the air shall not be permitted outside the property. All regulations
relating to the control of noise shall be observed.
Within the A Zone, sawmills are permitted by right, and by conditional
use in the R-1 Zone, subject to the following criteria:
A.
All cutting, sawing, grinding, or other processing shall be conducted
within a completely enclosed building.
B.
No material shall be deposited or stored within 100 feet, and no
building or structure shall be located within 300 feet of any property
line.
C.
All uses shall provide sufficiently long stacking lanes into the
facility, so that vehicles waiting will not back up onto public roads.
D.
Access roads shall be stabilized with a dust-free surface for a distance
of 100 feet from the right-of-way of adjacent public road. The owner
and/or operator shall be responsible for removing any mud from public
roads caused by vehicles traveling to and from the site;
E.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to North Newton Township.
F.
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Private and public schools are permitted in the A, VMU, and
C-I Zones, and as conditional uses in R-1 and R-2 Zones, subject to
the following:
A.
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
B.
All educational uses shall be governed by the height and bulk standards
imposed upon principal uses within the underlying zone.
D.
Minimum street frontage: 100 feet.
E.
Maximum lot impervious coverage: 70%.
F.
A ten-foot-wide strip beyond the reserved or dedicated right-of-way
of any road or street shall be landscaped with ground cover and plant
material and shall not contain impervious cover except for the crossing
of necessary entrance/exit driveways. Parking, loading and service
areas within 30 feet of a reserved or dedicated road right-of-way
line shall be physically separated from the road by a curb or fence,
and a planting strip.
Within the A Zone, shotgun, rifle, pistol and/or archery ranges
are permitted by conditional use, subject to the following criteria:
A.
Minimum lot area: 10 acres.
B.
Minimum lot width: 300 feet.
C.
All range facilities including buildings, parking, and firing range
shall be at least 200 feet from any property or street right-of-way
line. The use must also be located at least 1,000 feet from any existing
residential dwelling.
D.
An earthen background berm must be provided within 20 feet of the
farthest target post to prevent ricocheting bullets or stray arrows.
The berm shall meet the following requirements:
(1)
The berm shall have a slope of not less than one vertical foot
to two horizontal feet and must extend at least eight feet above the
ground level of the highest target.
(2)
The crest of the berm at the eight-foot-minimum height limit
shall be at least four feet in width as measured between the wall
of the berm facing the range and the opposite wall.
(3)
Earthen side berms, as described above, shall be provided immediately
adjacent to the range and shall extend far enough to contain any ricochets,
but no less than 50 feet from the background berm toward the firing
line.
E.
Shooting range operations:
(1)
May not damage the health, safety or welfare of the area residents
and property owners;
(2)
Must comply with all applicable state and local laws, rules
and regulations regarding the discharge of a firearm;
(3)
Shall limit the number of active shooters to the number of firing
points or stations identified on the development plan;
(4)
Alcoholic beverages are prohibited on the shooting range.
(5)
Hours of operation shall be limited to 8:00 a.m. to dusk.
F.
A development plan shall identify the safety fan for each firing
range. The safety fan is the area on the shooting range facility designed
to contain all projectiles fired from the shooting range, 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;
G.
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target
areas, range flood, and the perimeter of the safety fan;
H.
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.
Accessory solar energy
systems (ASES), with a maximum power rating of not more than 15kW,
shall be permitted as a use by right in all zoning districts subject
to the criteria below. Principal Solar Energy Systems (PSES) are permitted
by conditional use in the A and C-I Zones subject to the criteria
below.
A.
Regulations applicable to all accessory solar energy systems:
(1)
ASES that have a power rating more than 15kW shall comply with the requirements of Subsection B, Principal solar energy systems.
(2)
Exemptions.
(a)
ASES with an aggregate collection and/or focusing area of 10
square feet or less are exempt from this chapter.
(b)
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this chapter.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this section, that materially alters
the ASES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(3)
The ASES layout, design, installation, and ongoing maintenance
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM), Institute
of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC) or other similar certifying organizations, and
shall comply with the Pennsylvania Uniform Construction Code as enforced
by North Newton Township,[1] and with all other applicable fire and life safety requirements.
The manufacturer specifications for the key components of the system
shall be submitted as part of the application. Upon completion of
installation, the ASES shall be maintained in good working order in
accordance with standards of the North Newton Township codes under
which the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
actions by North Newton Township in accordance with applicable ordinances.
(4)
ASES installers must certify they are listed as a certified
installer on the Pennsylvania Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP approved installer by meeting or exceeding one of the
following requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully installed
a minimum of three PV systems.
(c)
For residential applications, a registered home improvement
contractor with the Attorney General's office.
(5)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the extent feasible.
(6)
The owner of an ASES shall provide North Newton Township written
confirmation that the public utility company to which the ASES will
be connected has been informed of the customer's intent to install
a grid-connected system and approved of such connection. Off-grid
systems shall be exempt from this requirement.
(7)
The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
(8)
Glare.
(a)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(9)
Solar easements may be provided where a subdivision or land
development involves the use of solar energy systems. Said easements
shall be in writing, and shall be subject to the same conveyance and
instrument recording requirements as other easements.
(10)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuing of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself:
(11)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by system owner and/or operator, or upon termination of the useful
life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(12)
Permit requirements.
(a)
Zoning/building permit applications shall document compliance
with this section and shall be accompanied by drawings showing the
location of the system on the building or property, including property
lines. Permits must be kept on the premises where the ASES is constructed.
(b)
The zoning/building permit shall be revoked if the ASES, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this chapter.
(c)
The ASES must be properly maintained and be kept free from all
hazards, including but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
(13)
Roof-mounted and wall-mounted accessory solar energy systems:
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
The total height of a building with an ASES shall not exceed
by more than four feet above the maximum building height specified
for principal or accessory buildings within the applicable zoning
district.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(14)
Ground-mounted accessory solar energy systems:
(a)
Setbacks.
[1]
The minimum yard setbacks from side and rear property
lines shall be equivalent to the principal structure setback in the
zoning district.
[2]
The Borough/Township may authorize the installation
of a ground-mounted ASES in front of the principal building, outside
the required front yard, if the applicant demonstrates that, due to
solar access limitations, no location exists on the property other
than the front yard where the solar panel can perform effectively.
(b)
Height. Ground-mounted ASES shall not exceed 20 feet in height
above the ground elevation surrounding the systems.
(c)
Coverage.
[1]
The surface area of the arrays of a ground-mounted
ASES, regardless of the mounted angle of any solar panels, shall be
considered impervious and calculated in the lot coverage of the lot
on which the system is located.
[2]
The total surface area of the arrays of ground-mounted
ASES on the property shall not exceed more than 15% of the lot area.
[3]
The applicant shall submit a stormwater management
plan that demonstrates compliance with the municipal stormwater management
regulations.
(d)
Screening. Ground-mounted ASES shall be screened from any adjacent
property that is residentially zoned or used for residential purposes.
The screen shall consist of plant materials which provide a visual
screen. In lieu of a planting screen, a decorative fence meeting requirements
of this chapter may be used.
(e)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(f)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
B.
Principal solar energy systems requirements.
(1)
Exemptions. PSES constructed prior to the effective date of
this section shall not be required to meet the terms and conditions
of this chapter. Any physical modification to an existing PSES, whether
or not existing prior to the effective date of this section, that
materially alters the PSES shall require approval under this chapter.
Routine maintenance or like-kind replacements do not require a permit.
(2)
The PSES layout, design and installation shall conform to applicable
industry standards, such as those of the American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society
for Testing and Materials (ASTM), Institute of Electrical and Electronics
Engineers (IEEE), Solar Rating and Certification Corporation (SRCC),
Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC)
or other similar certifying organizations, and shall comply with the
Pennsylvania Uniform Construction Code as enforced by North Newton
Township[3] and with all other applicable fire and life safety requirements.
The manufacturer specifications for the key components of the system
shall be submitted as part of the application.
(3)
PSES installers must demonstrate they are listed as a certified
installer on the Pennsylvania Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP-approved installer by meeting or exceeding one of the
following requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully installed
a minimum of three PV systems.
(4)
All on-site transmission and plumbing lines shall be placed
underground to the extent feasible.
(5)
The owner of a PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid connected
system and approved of such connection.
(6)
No portion of the PSES shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication of
ownership shall be allowed on any equipment of the PSES, provided
they comply with the prevailing sign regulations.
(7)
Glare.
(a)
All PSES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(8)
The PSES owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The PSES owner and/or operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
(9)
Decommissioning
(a)
The PSES owner is required to notify the Township immediately
upon cessation or abandonment of the operation. The PSES shall be
presumed to be discontinued or abandoned if no electricity is generated
by such system for a period of 12 continuous months.
(b)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar-related equipment or appurtenances
related thereto, including but not limited to buildings, cabling,
electrical components, roads, foundations and other associated facilities
from the property. If the owner fails to dismantle and/or remove the
PSES within the established time frames, the municipality may complete
the decommissioning at the owner's expense.
(c)
At the time of issuance of the permit for the construction of
the PSES, the owner shall provide financial security in the form and
amount acceptable to the Township to secure the expense of dismantling
and removing said PSES and restoration of the land to its original
condition, including forestry plantings of the same type/variety and
density as the original.
(10)
Prior to the issuance of a zoning permit, PSES applicants must
acknowledge in writing that the issuing of said permit shall not and
does not create in the property owner, its, his, her or their successors
and assigns in title or, create in the property itself: the right
to remain free of shadows and/or obstructions to solar energy caused
by development of adjoining or other property or the growth of any
trees or vegetation on such property; or the right to prohibit the
development on or growth of any trees or vegetation on such property.
(11)
Solar easements. Where a subdivision or land development proposes
a PSES, solar easements may be provided. Said easements shall be in
writing, and shall be subject to the same conveyance and instrument
recording requirements as other easements.
(12)
Permit requirements.
(a)
PSES shall comply with Chapter 260, Subdivision and Land Development. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.
(b)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(13)
Ground-mounted principal solar energy systems:
(a)
Minimum lot size. The PSES shall meet the lot size requirements
of the underlying zoning district.
(b)
Setbacks. PSES shall comply with the setbacks of the underlying
zoning districts for principal structures.
(c)
Height. Ground-mounted PSES shall not exceed 20 feet in height.
(d)
Impervious coverage.
[1]
The surface area of the arrays of a ground-mounted
PSES, regardless of the mounted angle of any solar panels, shall be
considered impervious calculated in the lot coverage of the lot on
which the system is located.
[2]
The applicant shall submit a stormwater management
plan that demonstrates compliance with the municipal stormwater management
regulations.
[3]
PSES owners are encouraged to use low-maintenance
and low-growing vegetative surfaces under the system as a best management
practice for stormwater management.
(e)
Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 300-71 of this chapter.
(f)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(g)
Security.
[1]
All ground-mounted PSES shall be completely enclosed
by a minimum eight-foot-high fence with a self-locking gate.
[2]
A clearly visible warning sign shall be placed
at the base of all pad-mounted transformers and substations and on
the fence on the surrounding the PSES informing individuals of potential
voltage hazards.
(h)
The ground-mounted PSES shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(i)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
(14)
Roof- and wall-mounted principal solar energy systems:
(a)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of North Newton Township[4] that the roof or wall is capable of holding the load imposed
on the structure.
(b)
PSES mounted on the roof or wall of any building shall be subject
to the maximum height regulations of the underlying zoning district.
Temporary housing for farm employees shall be permitted by right
in the A Zone, subject to the following criteria:
Within the C-I Zone, truck terminals, truck stops, warehousing,
and wholesale trade establishments are permitted by conditional use,
subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet of road frontage
along a state road;
B.
The subject use, which shall include truck parking but exclude employee
parking, shall be located no closer than 500 feet from a R-1, R-2,
or VMU Zone and/or property containing a school, day-care facility,
park, playground, library, hospital, or nursing, rest or retirement
home;
C.
Air compressors, fuel pump islands and kiosks and other structures
may not be within 50 feet of the street ROW line;
D.
All access drives onto the same road shall be at least 150 feet from
one another, as measured from closest points of cartway edges;
E.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations, shall be permitted;
F.
The outdoor storage of unlicensed vehicles is prohibited;
G.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof, shall be removed within
two weeks after arrival;
H.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines;
I.
The applicant may be required to submit a traffic impact report as governed by Chapter 260, Subdivision and Land Development;
J.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations. In addition, the
applicant shall prepare, present and abide by an emergency response
plan to handle hazardous material spills and any other reasonable
threat to public health or safety;
K.
Minimum lot size is 10 acres for truck terminals; minimum lot size
is five acres for truck stops; minimum lot size is two acres for warehousing
and wholesale trade establishments.
Auto repair garages are conditional uses in the A and VMU Zones
and permitted by right in the C-I Zone, subject to the following criteria:
A.
All paint work shall be performed within a building with a fume collection
and ventilation system that directs fumes away from any adjacent dwellings.
Outdoor major repairs (such as body work and grinding) and outdoor
welding shall not occur within 250 feet of a residential lot line.
B.
All reasonable efforts shall be made to prevent or minimize noise,
odor, vibration, light or electrical interference to adjacent lots
in accordance with this chapter.
C.
Overnight outdoor storage of "junk" shall be prohibited within view
of a public street or a dwelling.
D.
Any "junk vehicle" shall not be stored for more than 20 days. No
more than three "junk" or unlicensed vehicles may be stored on a property,
and any such vehicle must be screened from view from streets and other
lots by landscaping or buildings.
E.
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street).
A.
Accessory wind energy facilities shall be permitted by conditional
use in A, R-1, and C-I Zones and principal wind energy facilities
shall be permitted by conditional use in the A and C-I Zones, subject
to the following:
B.
Requirements for accessory wind energy facilities (AWEF):
(1)
Permit exemptions.
(a)
AWEF constructed prior to the effective date of this section
shall not be required to meet the requirements of this chapter.
(b)
With respect to an existing AWEF, any physical modification
that materially alters the size, type and number of wind turbines
or other equipment shall require approval under this chapter and meet
the requirements of the Uniform Construction Code.[1] Like kind replacements shall not require a building or
zoning permit modification.
(2)
The layout, design, and installation of AWEF should conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society of Testing and Materials (ASTM), or other pertinent certifying
organizations and comply with the Pennsylvania Uniform Construction
Code and all applicable building and electrical codes of North Newton
Township. The manufacturer specifications shall be submitted as part
of the application.
(3)
Two ground-mounted AWEF are permitted on a lot.
(4)
When an accessory building is necessary for storage or related
mechanical equipment, the accessory building shall comply with the
accessory building requirements of the underlying zoning district.
(5)
The owner of an AWEF shall provide North Newton Township written
confirmation that the public utility company to which the AWEF will
be connected has been informed of the customer's intent to install
a grid-connected system and approved of such connection. Off-grid
AWEF shall be exempt from this requirement.
(6)
All on-site utility, transmission lines, and cables shall be
placed underground.
(7)
The display of advertising is prohibited except for identification
of the manufacturer of the system.
(8)
AWEF shall not be lighted except for any lighting required to
comply with Federal Aviation Administration (FAA) or Pennsylvania
Department of Transportation Bureau of Aviation (BOA) regulations.
(9)
AWEF shall be painted a nonreflective, flat color such as white,
off-white or gray unless required to be colored differently from FAA
or BOA regulations.
(10)
AWEF shall have an automatic braking, governing or feathering
system to prevent uncontrolled rotation, overspeeding and excessive
pressure on the tower structure, rotor blades and turbine components.
(11)
An AWEF shall not cause shadow flicker on any occupied building
on a nonparticipating landowner's property.
(12)
No part of any AWEF shall be located within or above the required
setbacks of any lot, extend over parking areas, access drives, driveways
or sidewalks.
(13)
The potential ice throw or ice shedding for an AWEF shall not
cross the property line of the lot on which the AWEF is located nor
impinge on any right-of-way or overhead utility line.
(14)
The owner of the AWEF shall ensure that the design and operation
avoids disruption or loss of radio, telephone, television, cell, Internet
or similar signals, and shall mitigate any harm caused thereby.
(15)
Decommissioning.
(a)
Each AWEF and related equipment shall be removed within 12 months
of the date when the use has been discontinued or abandoned by system
owner and/or operator, or upon termination of the useful life of same.
(b)
The AWEF shall be presumed to be discontinued or abandoned if
no electricity is generated by such AWEF for a period of 12 continuous
months.
(c)
The AWEF owner shall, at the request of North Newton Township,
provide information concerning the amount of energy generated by the
AWEF in the last 12 months.
(16)
Permit requirements.
(a)
Applications for accessory wind energy systems shall be accompanied
by standard drawings of the wind turbine structure and stamped engineered
drawings of the tower, base, footings, and/or foundation as provided
by the manufacturer. Applications shall show the location of the AWEF
on the lot, lot lines, rights-of-way, adjoining occupied buildings,
and aboveground utility lines located on the lot. Permits must be
kept on the premises where the AWEF is constructed.
(b)
The permit shall be revoked if the AWEF, whether new or preexisting,
is moved or otherwise altered, either intentionally or by natural
forces, in a manner which causes the AWEF not to be in conformity
with this chapter.
(c)
For standard soil conditions (not including gravel, sand, or
muck), foundations developed by the wind turbine manufacturer shall
be acceptable for AWEF installations of 20 kW or less and will not
require project-specific soils studies. Applicants proposing projects
involving substandard soil conditions or installations of AWEF greater
than 20 kW may be required by the Zoning Officer to submit detailed
soil studies.
(d)
The AWEF must be properly maintained and be kept free from all
hazards, including but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the AWEF to conform or to remove the
AWEF.
(17)
Requirements for ground-mounted AWEF:
(a)
Ground-mounted AWEF may be placed on lots containing a minimum
of two acres, assuming they meet the height and setback restrictions
found in this section.
(b)
AWEF shall comply with the height restrictions of the underlying
zoning district.
(c)
AWEF shall be set back from property lines, occupied buildings,
aboveground utility lines, railroads and/or road rights-of-way by
a distance equal to the total height of the structure, plus 15 feet.
(d)
Ground-mounted AWEF are prohibited in front yards, between the
principal building and the public street.
(18)
Safety and security.
(a)
The owner shall post electrical hazard warning signs on or near
the AWEF.
(b)
Ground-mounted AWEF shall not be climbable up to 15 feet above
ground surface.
(c)
Access doors to any AWEF electrical equipment shall be locked
to prevent entry by unauthorized persons.
(d)
The minimum ground clearance for the AWEF shall be 15 feet.
C.
Requirements for principal wind energy facilities (PWEF):
(1)
Permit exemptions.
(a)
PWEF constructed prior to the effective date of this section
shall not be required to meet the requirements of this chapter;
(b)
With respect to an existing PWEF, any physical modification
that materially alters the size, type and number of wind turbines
or other equipment shall require conditional use/special exception
approval under this chapter and meet the requirements of the UCC.
Like kind replacements shall not require a permit modification.
(2)
The layout, design, and installation of PWEF shall conform to
applicable industry standards, including those of the American National
Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske
Veritas, Germanischer Lloyd Wind Energies, the American Society of
Testing and Materials (ASTM), or other pertinent certifying organizations
and comply with all applicable building and electrical codes of North
Newton Township. The manufacturer specifications shall be submitted
as part of the application.
(3)
Applicants shall submit land development and/or subdivision plans which shall be compliant with all requirements Chapter 260, Subdivision and Land Development.
(4)
The applicant shall provide sufficient documentation showing
that the PWEF will comply with all applicable requirements of the
Federal Aviation Administration (FAA) and the Commonwealth Bureau
of Aviation.
(5)
The PWEF shall provide North Newton Township written confirmation
that the public utility company to which the PWEF will be connected
has been informed of the intent to install a grid connected system
and approved of such connection.
(6)
All PWEF shall be equipped with a redundant braking system.
This includes both aerodynamic overspeed controls (including variable
pitch, tip and other systems) and mechanical brakes. Mechanical brakes
shall be operated in a fail-safe mode. Stall regulation shall not
be considered a sufficient braking system for overspeed protection.
(7)
Visual appearance.
(a)
All on-site utility, transmission lines, and cables shall be
placed underground.
(b)
PWEF shall be painted a non-reflective, flat color such as white,
off-white, or gray unless required to be colored differently from
FAA or BOA regulations.
(c)
PWEF shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and
design chosen shall seek to minimize the disturbance to the surrounding
views.
(d)
The display of advertising is prohibited except for identification
of the manufacturer of the system, facility owner and operator.
(e)
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation, and maintenance of the
PWEF.
(f)
Accessory buildings, structures, mechanical equipment.
[1]
Accessory structures and equipment associated with PWEF shall
be screened from any adjacent property that is residentially zoned
or used for residential purposes. The screen shall consist of plant
materials which provide a visual screen. In lieu of a planting screen,
a decorative fence meeting requirements of this chapter may be used.
[2]
The design of accessory buildings and related structures shall,
to the extent reasonable, use materials, colors, textures, screening
and landscaping that will blend the structures into the natural setting
and existing environment.
(8)
Warnings and safety measures.
(a)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(b)
All access doors to PWEF, including electrical equipment, outbuildings
and all appurtenances thereto, shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized personnel.
(c)
Wind turbines shall not be climbable up to 15 feet above ground
surface or the climbing apparatus shall be fully contained and locked
within the tower structure.
(d)
Visible, reflective, colored objects, such as flags, reflectors
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(e)
The potential ice throw or ice shedding for a PWEF shall not
cross the property line of the lot on which the PWEF is located nor
impinge on any right-of-way or overhead utility line.
(f)
The applicant will provide a copy of the project summary and
site plan to local emergency services.
(g)
Facility owner and/or operator shall abide by all applicable
local, state and federal fire code and emergency guidelines. Upon
request the applicant, facility owner and/or operator shall cooperate
with emergency services to develop and coordinate implementation of
an emergency response plan for the PWEF.
(9)
Zoning requirements.
(a)
Lot size. In order for a tract(s) of land to be eligible for
a PWEF, it must contain a minimum of two acres.
(b)
Wind turbines shall be separated from each other by a minimum
of 1.1 times the total height of the highest wind turbine.
(c)
Setbacks. Wind turbines shall be set back from the nearest property
line, occupied buildings, aboveground utility lines (including guy
wires), railroads and/or road rights-of-way a distance of not less
than 1.1 times its total height.
(d)
Accessory buildings, structures, and related equipment to the
PWEF shall comply with the building setback requirements of the underlying
zoning district.
(e)
Height. There shall be no specific height limitation, so long
as the total height meets sound and setback requirements, except as
imposed by FAA regulations.
(f)
The minimum ground clearance shall be 30 feet.
(10)
Operational standards.
(a)
Use of public roads.
[1]
The applicant shall identify all state and local
public roads to be used within North Newton Township to transport
equipment and parts for construction, operation or maintenance of
the PWEF.
[2]
The Township's engineer, or a qualified third-party
engineer hired by the Township and paid for by the applicant, shall
document public road conditions prior to construction of the PWEF.
The engineer shall document road conditions within 30 days after construction
of the permitted project is complete, or as soon thereafter as weather
may allow.
[3]
The Township may require applicant to secure a
bond for the road(s) to be used within the Township in compliance
with applicable regulations at an amount consistent therewith; or,
if not provided by regulation, an amount set at the discretion of
the governing body in consultation with the Township Engineer.
[4]
Any road damage caused by the applicant, facility
owner, operator, or contractors shall be promptly repaired to the
Township's satisfaction at the expense of the applicant and/or facility
owner.
[5]
The applicant shall demonstrate that it has appropriate
financial assurance to ensure the prompt repair of damaged public
roads.
[6]
Every effort should be made to use existing roads
and logging roads. New deforestation and forest fragmentation should
be kept to a minimum. Private entrance roads to PWEF must be maintained
in a mud-free condition.
(b)
A wind turbine shall not cause vibrations through the ground
which are perceptible beyond the property line of the parcel on which
it is located.
(c)
Shadow flicker.
[1]
A PWEF shall not cause shadow flicker on any occupied
building on a nonparticipating landowner's property.
[2]
A PWEF shall be designed in such a manner as to
minimize shadow flicker on a roadway.
[3]
The facility owner and operator shall conduct,
at the applicant's expense, a modeling study demonstrating that shadow
flicker shall not occur on any occupied building on a nonparticipating
property.
(d)
Facility owner and/or operator shall ensure that the design
and operation of any PWEF avoids disruption or loss of radio, telephone,
television, cell, Internet or similar signals, and shall mitigate
any harm caused thereby.
(e)
The applicant shall provide a proposed foundation design and
analysis of soil conditions by a professional engineer.
(11)
Public inquiries and complaints.
(12)
Decommissioning.
(a)
The facility owner or operator shall, at his expense, complete
decommissioning of the PWEF and all related improvements within 12
months of the date when the use of the particular PWEF has been discontinued
or abandoned by the facility owner and/or operator, or upon termination
of the useful life of same. The PWEF shall be presumed to be discontinued
or abandoned if no electricity is generated by such PWEF for a continuous
period of 12 months.
(b)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(c)
Disturbed earth shall be graded, reseeded and/or reforested
to reclaim the site back to its predevelopment condition, based on
the subdivision/land development plan or documented predevelopment
condition, unless the landowner requests in writing that the access
roads or other land surface areas not be restored.
(d)
An independent and certified professional engineer shall be
retained to estimate the cost of decommissioning without regard to
salvage value of the equipment. Said estimates shall be submitted
to Township after the first year of operation and every fifth year
thereafter.
(e)
The facility owner or operator shall post and maintain decommissioning
funds in an amount 100% of the identified decommissioning costs, as
adjusted over time. The decommissioning funds shall be posted and
maintained with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the facility owner or operator and participating
landowner posting the financial security, provided that the bonding
company or lending institution is authorized to conduct business within
the commonwealth and is approved by North Newton Township.
(f)
Decommissioning funds may be in form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to North Newton Township.
(g)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection C(12)(a) above, then the landowner shall have six months to complete the decommissioning.
(h)
If neither the facility owner or operator, nor the landowner, complete decommissioning within the periods described by Subsection C(12)(a) and (g) above, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(13)
Application requirements. A conditional use application for
a PWEF shall include the following:
(a)
A narrative describing the proposed PWEF, including an overview
of the project, the project location, the approximate generating capacity
of the PWEF, the approximate number, representative types and height
or range of heights of wind turbines to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(b)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and the operation of the PWEF
and setting forth the applicant's and property owner's name, address
and phone number.
(c)
Identification of the properties on which the proposed PWEF
will be located, and the properties adjacent to where the PWEF will
be located.
(d)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substation(s), electrical cabling from the PWEF to the substation(s),
ancillary equipment, buildings, and structures, including permanent
meteorological towers, associated transmission lines and layout of
all structures within the geographical boundaries of any applicable
setback.
(f)
A wind resource study shall be submitted documenting wind resources
at the site. The study shall include but is not limited to data showing
average wind speeds capable of generating electricity and the available
capacity to transmit the electricity into the power grid.
(i)
Other relevant studies, reports, certifications and approvals
as required by this chapter or as may be requested by the Township
to ensure compliance with this chapter.
(j)
Throughout the permit process, the applicant shall promptly
notify the Township of any changes to the information contained in
the conditional use/special exception permit application. Changes
to the pending application that do not materially alter the initial
site plan may be adopted without a renewed public hearing.
