A. 
Regional Comprehensive Plan. This chapter is enacted in accord with an intergovernmental cooperation agreement adopted by Polk Township and other participating municipalities, herein referred to as the "Planning Region," to implement the Regional Comprehensive Plan. The adopted Regional Comprehensive Plan includes a Future Land Use Map which identifies what future land uses would be most appropriate throughout the region and at what density. Future land use recommendations are based on a variety of factors: the patterns of development and existing conditions within the municipalities; the anticipated path of future growth in the region; existing environmental conditions and natural resources; capacity of public facilities and infrastructure; and goals of the Monroe County Comprehensive Plan.
B. 
Regional approach. The zoning ordinances and zoning maps adopted by the participating municipalities provide for a variety of housing types and densities and accommodate all categories of land uses within the Planning Region and are consistent with the Regional Comprehensive Plan.
C. 
Pennsylvania Municipalities Planning Code. This Regional Approach complies with §§ 916.1, 1006-A(b.1) and 1105 of the Pennsylvania Municipalities Planning Code.[1] Section 1006-A(b.1) states: "Where municipalities have adopted a multimunicipal comprehensive plan pursuant to Article XI but have not adopted a joint municipal ordinance pursuant to Article VII-A and all municipalities participating in the multimunicipal comprehensive plan have adopted and are administrating zoning ordinances generally consistent with the provisions of the multimunicipal comprehensive plan, and a challenge is brought to the validity of a zoning ordinance of a participating municipality involving a proposed use, then the court shall consider the availability of uses under zoning ordinances within the municipalities participating in the multimunicipal Comprehensive Plan within a reasonable geographic area and shall not limit its consideration to the application of the zoning ordinance on the municipality whose zoning ordinance is being challenged."
[1]
Editor's Note: See 53 P.S. §§ 10916.1, 11006-A(b.1) and 11105, respectively.
D. 
Regional uses. The uses listed in the Regional Uses Table are available within the Planning Region as provided by the Pennsylvania Municipalities Planning Code.[2]
Regional Uses
Land Use
Zoning Districts Allowed
Chestnuthill
Jackson
Eldred
Ross
Polk
Adult business
Not permitted
I
Not permitted
Not permitted
Not permitted
Agriculture products processing
Not permitted
I
Not permitted
Not permitted
I
Animal shelter
Not permitted
Not permitted
Not permitted
GC
C
Bulk fuel storage facility
Not permitted
I
I
Not permitted
I
Concentrated animal feeding operation
Not permitted
Not permitted
Not permitted
RR
RR
Correctional facility
Not permitted
Not permitted
Not permitted
GC
Not permitted
Distribution center/truck terminal
Not permitted
I
Not permitted
GC
Not permitted
Flea market, outdoor
VC, GC
Not permitted
Not permitted
GC
C
Industrial wastewater treatment facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Industry
Not permitted
I
I
Not permitted
I
Junkyard
Not permitted
Not permitted
Not permitted
RR
Not permitted
Kennel
Not permitted
Not permitted
RR
Not permitted
C
Mineral processing
Not permitted
I
I
Not permitted
Not permitted
Mobile home park
R-3
Not permitted
Not permitted
R-2
R-2
Pipeline compressor station, metering station or operation/maintenance facilities
LIC, GI
I
Not permitted
GC
Not permitted
Power plant
Not permitted
I
Not permitted
Not permitted
Not permitted
Race track
Not permitted
Not permitted
RR
GC
Not permitted
Recycling facility
GI
I
I
Not permitted
Not permitted
Resource recovery facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Retail/commercial development, large-scale
VC, GC, LIC
C
C
GC
C
Shooting range, outdoor commercial
RR
Not permitted
Not permitted
RR
Not permitted
Solid waste landfill
Not permitted
Not permitted
Not permitted
RR
Not permitted
Solid waste facility
Not permitted
I
Not permitted
Not permitted
Not permitted
Travel plaza
Not permitted
C
Not permitted
GC
Not permitted
Wind energy facility, commercial
Not permitted
Not permitted
RR
RR
Not permitted
Zoo or menagerie
Not permitted
RC
Not permitted
Not permitted
Not permitted
Chestnuthill Township
RR - Rural Residential
R-3 - Medium High Density Residential
VC - Village Commercial/Residential
GC - General Commercial
GI - General Industrial
LIC - Light Industrial/Commercial
 
Eldred Township
RR - Rural Resource
C - Commercial
I - Industrial
 
Jackson Township
RC - Recreation Commercial
C - Commercial
I - Industrial
 
Ross Township
RR - Rural Residential
R-2 - Medium Density Residential
GC - General Commercial
 
Polk Township
RR - Rural Residential
R-1 - Rural Residential
R-2 - Rural/Village Residential
R-3 - Village Center District
C - Commercial District
I - Industrial District
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Developments of regional significance.
(1) 
All subdivisions and/or land developments, classified by intergovernmental agreement as having regional significance, shall be brought before the Regional Planning Committee for review and comment. A development of regional significance shall be defined per § 107 of the PA MPC[3] as any land development that, because of its character, magnitude, or location, will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality. Determination of regional significance in the Planning Region shall be based on the following guidelines:
Type of Development
Threshold
Adult business
New facility or expansion of use of existing facility by 50% or more; and located within 1/2 mile of a jurisdictional boundary
Airports and heliports
Any new airport with a paved runway; or runway additions of more than 25% of existing runway length or within 1/2 mile of a jurisdictional boundary.
Commercial (including retail, mixed-commercial and office centers) not classified below
Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Concentrated animal feeding operations (CAFO)
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Fuel storage facilities
Storage capacity greater than 75,000 gallons if within 1,000 feet of any water supply; otherwise, storage capacity greater than 150,000 gallons; and located within 1/2 mile of a jurisdictional boundary
Gambling/betting facilities
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Hospitals and other major medical centers
New facility or expansion of use of an existing facility by 50% or more and within 1/2 mile of a jurisdictional boundary
Housing
Housing developments (single-family, two-family or multifamily) if in excess of 50 or more dwelling units, or resulting in the development of 25 dwelling units or more and within 1,000 feet of the Township boundary line
Industrial facilities
New facility or expansion of use of an existing facility by 50% or more or within 1/2 mile of a jurisdictional boundary
Intermodal terminals (Intermodal: A facility or system that transfers people, goods, or information between two or more transport modes or networks between an origin and destination.)
New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Kennels
New facility or expansion of existing facility by more than 50% and within 1/2 mile of a jurisdictional boundary
Mineral extraction or mineral processing
New facility or expansion of existing facility by more than 50%; and located within 1/2 mile of a jurisdictional boundary
Lodging facilities
Greater than 150 rooms and within 1/2 mile of a jurisdictional boundary
Mixed residential and nonresidential uses
Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Infrastructure projects
Infrastructure projects within 1/2 mile of adjoining municipal boundaries. Projects outside 1/2 mile may be reviewed on a discretionary basis as desired by the host municipality
Schools/colleges
New facility with a capacity of more than 750 students, or expansion by at least 25% of capacity and within 1/2 mile of a jurisdictional boundary
Solid waste facilities
New facility or expansion of use of an existing facility by 50% or more
Sports complexes, attractions and regional recreational facilities
New facility or expansion of use of an existing facility by 50% or more; or located within 1/2 mile of a jurisdictional boundary
Truck terminals
A new facility with more than 3 diesel fuel pumps; or containing 1/2 acre of truck parking or 10 truck parking spaces; and within 1/2 mile of a jurisdictional boundary
Wastewater treatment facilities
New facility or expansion of existing facility by more than 50%; and located within 1 mile of a jurisdictional boundary
Water supply (quantity or quality) intakes/reservoirs
New facilities or expansion of use by 50% or more and within 1/2 mile of a jurisdictional boundary
Wholesale or distribution facilities
Greater than 100,000 square feet or expansion of an existing use by 50% or more and within 1/2 mile of a jurisdictional boundary
Any other land development types not identified above (includes parking facilities)
Generate new vehicle trips in excess of 1,000 average daily trips (ADT) or has the potential to generate adverse environmental or human impacts, stormwater runoff, wastewater collection or treatment and within 1/2 mile of a jurisdictional boundary
[3]
Editor's Note: See 53 P.S. § 10107.
(2) 
The Regional Planning Committee shall have the right to review developments of regional significance to determine general consistency with the Comprehensive Plan. No development of regional significance, as defined by the criteria above, may be recommended for approval by the Regional Planning Committee that is inconsistent with the Comprehensive Plan. However, nothing in this section usurps the power of the Board of Supervisors of each respective member-township regarding subdivision or land development plan approval.
A. 
Designation. For the purposes of this chapter, Polk Township is hereby divided into the following zoning districts:
RR
Rural Residential District
R-1
Residential District
R-2
Rural/Village Residential District
R-3
Village Center District
C
Commercial District
I
Industrial District
B. 
Intent. The intent of each district and the uses permitted in each district are set forth on the District Use Schedules contained in § 400-405 of this chapter or in the specific sections establishing any overlay district. Bulk and density standards for each district are set forth on the Schedule of Development Standards contained in § 400-405 of this chapter.
C. 
Floodplain Overlay District. The Floodplain Overlay District is hereby created to be coterminous with the areas which are subject to the one-hundred-year flood, as identified in the most current Flood Insurance Study and the accompanying FIRM - Flood Insurance Rate Map issued by the Federal Emergency Management Agency. In addition to all other applicable standards of this chapter the floodplain regulations in § 400-706 shall apply in the Floodplain Overlay District.
D. 
Conservation Subdivision Design Overlay District — developer's option. The Optional Conservation Subdivision Design Overlay District is hereby created to promote the conservation of open lands in the Township. Based on the request of the developer, the district shall apply to all areas of the Township in districts where residential development is permitted, and in addition to all the applicable standards of this chapter, the requirements of § 400-601 shall apply.
A. 
Adoption. The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of Polk Township, which is hereby adopted by reference and declared to be a part of this chapter together with all amendments thereto.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified by the MPC.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or drafting errors or omissions require correction, the Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
A. 
Establishment. District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Monroe County Recorder of Deeds' office and on the Monroe County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or otherwise as shown on the Official Zoning Map.
B. 
Interpretation. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
C. 
Uncertainty. In the event of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer is authorized to determine the correct district boundary in accord with the guidelines of this chapter. Any decision of the Zoning Officer may be appealed to the Zoning Hearing Board.
District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.
A. 
Use regulations. District use regulations are provided in the following Schedule of Uses.[1]
(1) 
Limitations.
(a) 
No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district and only in accord with all other requirements of this chapter. In other words, any use not allowed as a principal permitted use, accessory use, conditional use or special exception, or allowed by the Zoning Hearing Board in accord with § 400-405B within a particular zoning district, shall be deemed to be prohibited within that zoning district.
(b) 
If a use which could be included in a more general use is listed as a separate use in any District Schedule of Uses, such use shall be permitted only in the district where it is specifically listed.
(c) 
Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter.
(2) 
Principal permitted uses and accessory uses. Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.
(3) 
Conditional uses and special exceptions. Conditional uses and special exceptions are permitted uses which require individual consideration because of their special characteristics and are referred to the Planning Commission for review and preparation of a recommendation to the Board of Supervisors and Zoning Hearing Board, respectively. Following a public hearing, and based on its determination that the proposed use meets the standards of this chapter, the Board of Supervisors for conditional uses and the Zoning Hearing Board for special exceptions shall approve the issuance of a zoning permit by the Zoning Officer.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
B. 
Uses not specified in schedule of uses. Whenever a use is not specifically allowed in any of the various zoning districts established under this chapter (i.e., not specifically allowed anywhere in the Township) and which is not permitted in a zoning district in another participating municipality by intermunicipal agreement in accord with § 400-401 of this chapter, the proposed use shall be considered a conditional use in the I Industrial District.
C. 
Development standards. The Schedule of Development Standards[2] which follows establishes minimum standards for lot area; lot depth, average lot width and front, side and rear setbacks; and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more restrictive standards may be required in accord with other ordinance sections.
[2]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.