Article VII Conditional Uses

The Board shall determine that access to the site is safe and may refuse to permit a conditional use where insufficient distance between a curb cut and a street intersection is provided or require combining of access with an adjoining land use. The Board may require off-site traffic improvements where a hazardous condition would otherwise be created.

The Board shall require that the proposed use be made compatible with the surrounding existing uses. Conditions controlling planting of shade trees, evergreen buffers and planted berms may be imposed to create a buffer beyond the normal requirements of this chapter.

(3)

The Board shall impose conditions on lighting and signs to insure that glare does not disrupt residential areas, distract motorists or intrude in the background near traffic lights.

(4)

The Board shall make favorable findings on all of the following:

That the proposal is appropriate to the tract in question and will not disrupt or destroy the character of stable residential neighborhoods or nonresidential areas;

That the proposal provides for adequate access to public roads, without creating hazardous conditions at intersections or areas of poor road alignment and without creating undue congestion.

§ 234-49 Environmental impact assessment for solid waste facilities.

That the proposal conforms to all applicable requirements of this chapter.

(d)

That the proposed water supply and sanitation systems are adequate to prevent disease, contamination and unsanitary conditions. A certificate of adequacy of sewage and water facilities shall be provided.

(e)

That the effects of the proposed change will result in the most appropriate use of land; the conservation of the value of buildings; safety from fire, panic and other dangers; adequacy of light and air; the prevention of overcrowding of land and congestion of population; and the adequacy of public and community services.

The Board of Supervisors shall commence, conduct and complete the required hearing in the manner provided in § 234-80 of this chapter and § 908(1.2) of the Pennsylvania Municipalities Planning Code. The Board of Supervisors shall render a written decision on the application and communicate it to the applicant in the manner provided in § 234-80.K of this chapter and § 913.2(b)(1) of the Pennsylvania Municipalities Planning Code. Where the Board of Supervisors fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this subsection, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by § 234-80.A of this chapter. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.

No conditional use permit requesting permission to use a property for the establishment of a solid waste facility shall be approved without the preparation and filing of an Environmental Impact Assessment in accordance with the guidelines below.

The impact on the environment generated by solid waste facilities requires a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize these problems.

In order to effectively evaluate the environmental consequences or effects of such projects proposed in the Township, an Environmental Impact Assessment (EIA) report shall be submitted with applications for conditional use approval requesting establishment of a solid waste facility and an updated environmental impact assessment report shall be submitted with any application for preliminary and/or final plan approval for land development or subdivision requesting authority to establish a solid waste facility.

ADVERSE ENVIRONMENTAL IMPACTS

In order to encourage the thorough preparation of an EIA report, the applicant may use the components of the EIA report to satisfy the reporting requirements of the Township subdivision and land development ordinance; provided, however, that a list of the sections of the Subdivision and Land Development Ordinance that are proposed to be satisfied by the EIA report shall be submitted with the EIA report.

Definitions. For the purpose of an EIA, the following definitions shall apply:

An impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation. Adverse environmental impacts may include a negative impact on surrounding land uses; negative impacts which are contrary to the Comprehensive Plan for the Township and the intent of this chapter; negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources.

ALTERNATIVES

Choices between or among two or more plans, layouts, approaches, solutions or results.

BENEFICIAL EFFECTS

Results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.

BIOLOGICAL RESOURCES

Characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as field and meadow; tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.

COMMUNITY FACILITIES

The services which provide for various community health, education, safety, leisure and like needs and the locations at which these services are provided. Typical community facilities include schools, parks and recreation areas; libraries; hospitals and other health-care facilities; fire protection; police; ambulance and rescue services; and postal services.

CULTURAL ENVIRONMENT

A representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.

DEMOGRAPHIC CHARACTERISTICS

Characteristics related to the distribution, density and vital statistics of populations.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction or alteration to buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations; provided, however, the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like and minor structure alterations to a building.

ECONOMIC AND FISCAL CHARACTERISTICS

Characteristics related to the expenditure and revenues in conjunction with the management of income of a household, private business, community, association and/or government.

ENVIRONMENT

The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project, including but not limited to natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.

ENVIRONMENTAL IMPACT ASSESSMENT REPORT

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and Chapter 196, the Nockamixon Township Subdivision and Land Development Ordinance.

HISTORIC RESOURCES

Sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past.

IMPACT

The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.

INFRASTRUCTURE

The basic installations and facilities on which the continuance and growth of a community depend such as roads, schools, electrical transmission facilities, transportation and communication systems and sewer and water systems.

LONG-TERM EFFECTS

Results which are manifest for or extending over a period of greater than two years.

MITIGATION

The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

NATURAL ENVIRONMENT

A composition of land, water and/or air represented by its inherent physical and biological resources.

PHYSICAL RESOURCES

Characteristics of the natural environment manifest in its land forms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units such as rock formations, slope elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.

PRIMARY EFFECTS

Results of a direct nature which have a principal influence on a particular condition.

PROJECT

A subdivision, land development or other development involving the construction or alteration of buildings or other structures or the grading of land to accommodate use of property as a solid waste facility.

SECONDARY EFFECTS

Results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.

SHORT-TERM EFFECTS

Results which are manifest for or extending over a period of two years or less.

VISUAL RESOURCES

Characteristics of the natural and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality.

An updated EIA report shall accompany and form a part of a final land development or subdivision plan as required herein.

Ten copies of the EIA report shall be submitted with the Conditional Use Permit Application and applications for Preliminary or Final Plan approval. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent municipalities where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:

Overview: Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be constructed and the uses intended. The resident population, working population and visitor population shall be projected. The basis of the projections shall be clearly stated in the report.

Compatibility: The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Township Comprehensive Plan, especially the land use and open space elements.

Comprehensive Plan of adjacent municipalities whenever a project is located along or within 2,000 feet of the municipal boundaries.

Bucks County Comprehensive Plan.

(d)

Regional and state planning guides.

(e)

Other pertinent planning documents.

(3)

Location. An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all street, adjoining properties, zoning district boundaries and municipal boundaries within 2,500 feet of any part of the tract. In the case of development of only a portion of the entire tract, the location map shall also show the relationship of the section to the entire tract.

(4)

Photographs. An identification of the character and appearance of the site through the presentation of black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from ground level. Photographs should be properly identified or captioned and shall be keyed to a map of the site.

(5)

Description of the project. An identification of the nature of the proposal through the presentation of the following:

A site development plan including notes pertaining to the type of solid waste proposed to be handled, processed, stored or disposed of at the facility, including the quantities to be handled on an average daily, monthly and yearly basis.

A statement indicating the existing and proposed ownership of the tract.

A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.

(6)

Physical resources inventory. An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.

A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures.

A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from 0% to 15%, 15% to 25%, and greater than 25%.

A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed project such as prime agricultural soils, depth to bedrock, depth of water table, flood hazard potential and limitations for septic tank filter fields. List and describe each soil type located on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involved soils with moderate or severe limitations (as per the Soil Survey of Bucks and Philadelphia Counties, U.S. Soil Conservation Service) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.

(d)

A map depicting the hydrological characteristics of the tract. Such map shall depict surface water resources, their drainage characteristics, watershed and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes and other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.

(7)

Biological resources inventory. An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.

A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species and sizes. In addition, all trees 12 inches in caliper or greater shall be accurately located and identified on the map whether they are freestanding trees or tree masses.

A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

(8)

Land use inventory. An identification of the land use conditions and characteristics associated with the tract, such as current and past use, land cover and encumbrances; and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale not smaller than 100 feet to the inch shall be incorporated into the EIA report or submitted as attachments to it.

A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, woodland and forest areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like.

A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.

A map depicting the land uses within 500 feet of the proposed tract. Such map may be at the same scale as the location map.

(9)

Surface water inventory. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetland areas as defined by the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be delineated.

(10)

Subsurface water inventory. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site.

(11)

Existing features inventory. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, utility lines, etc.

(12)

Historic resources inventory. An identification of the man-made resources associated with or within 500 feet of the tract which are older than 50 years. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, the Historic American Building Survey, the Bucks County Conservancy and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.

(13)

Visual resources inventory. An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.

(14)

Community need inventory. An identification of the community facility needs associated with the users of the proposed project. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, parks and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal service) shall be discussed in terms of the ability of the existing facilities and services to accommodate the demands of future users and/or residents of the lots and/or tract and the need for additional or expanded community facilities.

(15)

Utility needs inventory. An identification of the utility needs associated with the users of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users; the needs for additional or expanded utility installations; the ability to achieve an adequate potable quantity of water whenever individual wells are proposed; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management. Certificates from the utilities confirming that adequate capacity exists to serve the proposed development shall be included.

(16)

Transportation system inventory. An identification of the relationship of the transportation and circulation system needs of the proposed project to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it; and expected traffic volumes generated from the project, including their relationship to existing traffic volumes on existing streets for both peak hour and nonpeak hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies.

(17)

Fiscal impact. An identification of the economic and fiscal characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the Township, county and school district revenues which the proposed use may generate and the Township, county and school district costs it will create. Such information shall be related to initial and completed project conditions.

(18)

Existing conditions. An identification of characteristics and conditions associated with existing, construction related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.

(19)

Licenses and permits. An identification of all licenses, permits or other approvals required by law for the development and the status of each.

(20)

Environmental controls. An identification of compliance with the floodplain regulations provided by this chapter.

(21)

Impacts inventory. The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it; and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsection D(5) through (21) above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the area adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the project.

(22)

Alternative analysis. Alternatives within the project which would preclude, reduce or lessen potential adverse impact or produce beneficial effects. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type or alternatives described in narrative forms. The applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, roads and other structures and the reduction in the size of the proposed structures or number of structures would affect the impacts or effects of the project.

(23)

Adverse impacts.

Probable adverse impacts which cannot be precluded, including:

[1]

Water quality and quantity.

[2]

Air quality.

[3]

Noise.

[4]

Undesirable land use patterns.

[5]

Damage or destruction of significant plant of wildlife systems.

[6]

Aesthetic values.

[7]

Destruction of natural resources.

[8]

Displacement of people and business.

[9]

Displacement of viable farms.

[10]

Employment and property tax.

[11]

Destruction of man-made resources.

[12]

Disruption of desirable community and regional growth.

[13]

Health, safety and well-being of the public.

In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resources, condition or characteristic.

(24)

Mitigation measures. Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:

Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective actions such as sedimentation and erosion control, stormwater runoff control, water quality control and air quality control.

§ 234-50 Requirements for approval of applications for conditional uses for solid waste facilities; fees.

Mitigation measures related to impacts which may be unique to a specific project are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses and land acquisition.

(25)

Irreversible impacts. Any irreversible environmental changes which would occur due to the proposed project, should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.

In making its evaluation, the Board of Supervisors and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Whenever any information required in this section is assumed not directly applicable to the proposed project, the applicant shall indicate such assumed inapplicability in the narrative of the EIA report and state why such information is considered to be inapplicable in the case of the particular project in question.

The EIA report shall be prepared by a planner certified by the American Institute of Certified Planners or its equivalent, in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized engineering, architectural and planning practices and principles. The Township may retain its own expert to evaluate the EIA report. The cost of the expert shall be the cost of the review of the project which shall be borne by the applicant.

Application fee. All applications for conditional use approval for any solid waste facility shall be accompanied by a nonrefundable fee and such escrow as may be required pursuant to a fee resolution duly adopted by the Board of Supervisors.

Host municipality benefit fee. There shall be a host municipality benefit fee charged in accordance with the provisions of Act 101, Section 1301, of $2 per ton of daily capacity of the facility when operating at its designed operating capacity, to be paid quarterly by the 20th of the month, with a 1% discount for early payments and interest at the prime bank rate plus 2% plus a penalty of 5% per month for late payments up to a penalty of 25% for late payment.

Indication of acceptability. All applications for conditional use approval for any solid waste facility shall be accompanied by plans, reports and other documents as herein described to indicate that the proposed use will be acceptable to the Township as follows:

Consistent with the Township Comprehensive Plan;