[Ord. 168, 8/11/1992, § 400; as amended by Ord. 213, 1/29/2004, Art. 4]
The purpose of this Part is to supplement the district regulations contained in Part 3 with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Part 3, the following regulations shall apply to the identified uses. (Provisions governing nonconforming uses, nonconforming structures, and nonconforming lots are set forth in Part 9 of this chapter.)
[Ord. 168, 8/11/1992, § 401; as amended by Ord. 213, 1/29/2004, Art. 4; and by Ord. 231, 10/14/2008]
1.
Whenever, under this chapter, a lawful use is neither specifically permitted nor prohibited, and an application is submitted to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Township to hear and decide such request as a conditional use. The Township shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 27-1002 of this chapter; provided however, that this provision shall not be invoked to permit as a conditional use any lawful use which would create undue nuisance or serious hazard, or otherwise violate the conditional use criteria. In addition, the proposed use may only be permitted if:
2.
The burden of proof shall be upon the applicant to demonstrate that
the proposed use meets the foregoing criteria and would not be detrimental
to the health, safety and welfare of the neighborhood where it is
located.
[Ord. 168, 8/11/1992, § 402; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009,
Art. 4; and by Ord. 271, 11/10/2015, Art. 3]
1.
All dwelling units, including single-family, two-family, and multi-family
units shall adhere to the following requirements:
D.
Gross Floor Area Requirements. In the absence of more restrictive codes, every single-family dwelling unit (whether attached or detached), shall contain a minimum of 800 square feet of gross floor area. In the case of multi-family dwellings (including conversion apartments), each dwelling unit shall contain a minimum of 600 square feet of gross floor area, except for efficiency apartments designed for and occupied by no more than two persons (including those dwelling units located above a garage), which shall contain a minimum of 400 square feet of gross floor area per unit. (Specific floor area requirements for dwelling units located in senior housing complexes are set forth in § 27-441 of this chapter.)
[Ord. 168, 8/11/1992, § 403; as amended by Ord. 189, 2/10/1998, § 1; and by Ord. 231, 10/14/2008]
1.
A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as outlined in Part 3. (See § 27-428.2 for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Zoning Hearing Board shall utilize the following criteria and may require additional information to be submitted where it is necessary to adequately protect the health, safety, and welfare of the Township residents.
B.
Administrative Procedures.
(1)
A permit for the installation of a permanent mobile home must
be accompanied by a written guarantee that the unit will not be removed
prior to the expiration of a twelve-month period. A mobile home shall
not be removed from a lot until a permit has been issued by the Tax
Collector and such permit shall not be issued until factual evidence
is available indicating that all applicable taxes have been paid,
and the Zoning Officer has been so informed.
(2)
Within five days after removal of the mobile home from an individual
lot, the foundation shall be removed and the site backfilled by the
owner to an approved grade established by the Zoning Officer. In lieu
of this, the owner may sell or otherwise legally transfer the lot
to house another mobile home on the same foundation; provided, that
such transaction takes place before the original mobile home is moved
from the site.
[Ord. 168, 8/11/1992, § 404; as amended by Ord. 189, 2/10/1998, § 2; by Ord. 213, 1/29/2004,
Art. 4; by Ord. 223, 10/25/2006, Art. 2; by Ord. 231, 10/14/2008; by Ord. 258, 7/10/2012, Art. 2; by Ord. 265, 5/14/2013, Art. 2;
and by Ord. 271, 11/10/2015, Art. 3]
1.
Single-family attached dwellings including, but not limited to townhouses or garden apartments shall be permitted only as specified in Part 3. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of land shall meet the requirements of § 27-406.E of this chapter governing multi-family housing developments.)
A.
Minimum Tract Area Requirements.
(1)
The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in the district regulations, Part 3 of this chapter. Single-family attached dwelling structures proposed for the R-R District shall contain no more than three dwelling units per structure, and, in the R-S District, shall contain no more than four dwelling units per structure. In the R-U District, there shall be no more than eight dwelling units per structure.
(2)
Where individual dwelling units of a single-family attached
dwelling structure and the land on which the structure is located
are proposed to be subdivided as individual lots, the following dimensional
requirements shall apply. (In such cases, the applicant shall submit
sufficient documentation along with his subdivision plans that demonstrates
satisfactory arrangements have been made regarding the ownership and
maintenance of all common ground or open space not proposed for conveyance.
See also § 27-405.I below.)
(3)
Where individual dwelling units of a single-family attached
dwelling structure are to be subdivided independently of any land
area, the applicant shall demonstrate that all other requirements
of the Uniform Construction Act will be met.
(4)
Where individual dwelling units of a single-family attached
dwelling structure are proposed to be subdivided, all dwelling units
in the structure shall be part of the proposal.
B.
Minimum Tract and Lot Width Requirements. The minimum width required for a tract containing a single-family attached dwelling structure may vary with each application depending on the number of units being proposed in each structure. In no case however, shall the width of the tract be less than the minimum for a single-family detached dwelling in the district where such structure is located. Each dwelling unit of a single-family attached dwelling structure shall maintain the minimum width set forth in the district regulations, Part 3 of this chapter, for the district in which it is to be located.
D.
Traffic Access and Off-Street Parking Facilities. No single-family attached dwelling unit may access directly onto a public street. All such units shall access public rights-of-ways via an approved private street, driveway or common parking area. All new streets or access drives shall be designed and constructed in accordance with the applicable street standards set forth in the Old Lycoming Township Subdivision and Land Development Ordinance [Chapter 22]. The number of off-street parking spaces available on the site shall equal no less than 2.0 spaces per dwelling unit.
E.
Sewage and Water Facilities. Adequate sewage and water facilities
must be provided by the developer in accordance with the standards
of the Pennsylvania Department of Environmental Protection.
(1)
Sewage Facilities. The preferred method of sewage disposal shall
be by package or community facilities. However, if the developer can
produce sufficient permits and/or proof that an on site disposal system(s)
can adequately handle all of the anticipated effluent from the single-family
attached dwelling structure, then this means of sewage disposal may
be considered by the Township.
(2)
Water Supply. The preferred method of water supply shall be
by public or community facilities. However, if the developer can produce
sufficient permits and/or proof that individual on site wells will
be adequate, then this means of water supply may be considered by
the Township.
F.
Solid Waste Collection and Disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such method is not deemed sufficient, then an alternate
means must be presented by the applicant.
G.
Drainage Control Requirements. Plans for single-family attached dwelling structures shall meet requirements set forth in the Old Lycoming Township Stormwater Management Ordinance [Chapter 26], including the provision of information indicating the type of drainage facilities to be installed to handle the runoff generated by the new structure and the grade of the site.
H.
Grading and Landscaping (Soil Erosion and Sedimentation Control). Plans for single-family attached dwelling structures shall meet all requirements set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] pertaining to soil erosion and sedimentation control. In addition, where determined appropriate by the Township, buffer yards of 25 feet and/or screen plantings as provided in §§ 27-506 and 27-507 of this chapter may be required.
I.
Common Open Space Ownership and Maintenance. Where the conveyance
of title to individual dwelling units of a single-family attached
dwelling structure does not include the conveyance of any land area
or does not include conveyance of the entire site, the developer shall
submit a plan of the arrangements to be made for ultimate ownership
of and maintenance responsibilities for the common open space/land
area associated with the building (including access drives and driveways)
as a part of his application for such a use.
[Ord. 168, 8/11/1992, § 405; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 223, 10/25/2006, Art. 2;
by Ord. 231, 10/14/2008; and by Ord. 258, 7/10/2012, Art. 2]
1.
Multi-family dwellings (i.e., apartments or condominiums, but excluding single-family attached dwellings) shall be permitted only as specified in Part 3. Every such application shall meet the requirements outlined below as well as the requirements of the Old Lycoming Township Subdivision and Land Development Ordinance [Chapter 22]. (Applications proposing to locate more than one multi-family dwelling structure on a single tract of ground shall meet the requirements of Paragraph E below governing multi-family housing developments.)
A.
Minimum Lot Area and Density Requirements. Each multi-family dwelling
structure proposed shall have a gross lot area of at least 7,500 square
feet, plus an additional 2,000 square feet for each dwelling unit
in the structure. Multi-family dwelling structures located in the
R-S District shall not contain more than four dwelling units per structure,
and those located in an R-U District shall contain no more than eight
dwelling units per structure. Overall density shall not exceed six
dwelling units per acre in the R-S District and 12.0 dwelling units
per acre in the R-U District.
B.
Minimum Lot Width. No specific minimum lot width is required, but
will be dependent upon each individual proposal.
D.
Other Requirements. All design requirements set forth in § 27-405.D,
E, F, G, H, and I of this chapter shall also be met.
E.
Multi-Family Housing Developments. The following standards shall
be applied where more than one multi-family dwelling structure or
more than one single-family attached dwelling structure is proposed
to be located on a single tract of ground.
(1)
Minimum Area and Density Requirements. The minimum area and
density requirements set forth in § 27-405.A and Paragraph
A of this section for single-family attached dwellings and multi-family
dwellings, respectively, shall apply to the type of development proposed.
(2)
Minimum Lot Width. The minimum required lot width shall vary
with each individual application and shall be dependent upon the number
of units proposed in each structure and the proposed arrangement of
buildings in the development.
(3)
Design Standards. The requirements set forth in § 27-407.D(1)
through (7), governing planned residential developments shall also
apply for multi-family housing developments.
(4)
Building Relationships. The standards established in § 27-407.E
governing planned residential developments shall also apply for multi-family
housing developments.
(5)
Common Open Space. For proposals involving 20 or more dwelling
units, a minimum of 5% of the gross area of the development shall
be reserved by the developer as common open space for the use of all
residents of the complex. Such open space may include areas of land
and water, but shall exclude all roads, parking areas, structures
or service lanes. This area shall also be easily accessible to all
units. Applications for multi-family housing developments shall include
a proposal regarding the ultimate ownership and maintenance responsibilities
for these common open space areas.
[Ord. 168, 8/11/1992, § 406; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; and by Ord. 265, 5/14/2013,
Art. 2]
1.
Planned residential developments shall be permitted only in those districts as specified in Part 3. All applications for such uses shall be processed in accordance with the procedures set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq. Applications for planned residential developments shall meet the requirements outlined below as well as the requirements of the Old Lycoming Township Subdivision and Land Development Ordinance [Chapter 22].
A.
Minimum Area Requirements. A minimum of at least 10 contiguous acres
of land suitable for development shall be required for such a development.
B.
Types of Uses Permitted. The following types of uses shall be permitted
to be included in planned residential developments:
(1)
Single-family detached and attached residential, two-family
residential, and multi-family residential.
(2)
Commercial and recreational uses or activities appropriate for
incorporation into the proposed development and which are designed
to serve primarily the occupants of the proposed development.
C.
Maximum Residential Densities. The following maximum gross densities
shall apply to all residential units within the proposed development.
D.
Design Standards.
(1)
Traffic Access. All proposed site accessways must be adequate,
but not excessive in number; adequate in grade, width, alignment and
visibility, and not located too near street corners, entrances to
schools or places of public assembly and other similar considerations.
(2)
Circulation and Parking. The interior traffic circulation system must be adequate, and all required parking spaces must be provided and be easily accessible. No less than 2.0 stabilized spaces per dwelling unit shall be available on the site. Parking spaces for commercial and recreational uses shall be provided in accordance with the requirements of Part 8, Table 27-1, of this chapter.
(3)
Streets and Drainage System Requirements. All structures within a planned residential development shall access directly onto a public street or onto a street in the internal road system of the development. All new streets shall be designed and constructed in accordance with the street standards outlined in the Township Subdivision and Land Development Ordinance [Chapter 22]. Furthermore, all such developments shall meet the drainage requirements set forth in the Old Lycoming Township Stormwater Management Ordinance [Chapter 26].
(4)
Sewage Treatment and Water Supply. Adequate public or community
sewer and water facilities must be available or be provided by the
developer. No on-site, subsurface sewage disposal systems or private
wells will be permitted. Approval from the Pennsylvania Department
of Environmental Protection for the proposed system(s) must be provided
by the applicant prior to approval of the development.
(5)
Solid Waste Collection and Disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such method is not deemed sufficient, an alternate
method shall be proposed by the applicant.
(6)
Grading and Ground Cover (Soil Erosion and Sedimentation Control). Plans for planned residential developments shall meet all requirements set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] pertaining to soil erosion and sedimentation control.
(7)
Landscaping. The proposed site shall be properly landscaped
in order to further enhance the natural qualities of the land. Where
adjacent land use dictates, screen plantings or buffer yards of 25
feet may be required.
(8)
Common Open Space. A minimum of 25% of the gross area of the
development shall be reserved by the developer as common open space
for the use of all residents of the development. Such open space may
include areas of land and water, but shall exclude all roads, parking
areas, structures, or service lanes and shall be easily accessible
to all units. Applications for planned residential developments shall
include a proposal regarding the ultimate ownership and maintenance
responsibilities for such common open space areas.
E.
Building Relationships.
(1)
Arrangement of Buildings. Adequate provision must be made for
light, air, access and privacy in the arrangement of the buildings
to each other. Each dwelling unit shall have a minimum of two exterior
exposures.
(2)
Maximum Length of Rows. The maximum length of any group of attached
structures shall not exceed 150 feet. A building group must be arranged
in order to be accessible by emergency vehicles.
(4)
Distance Between Buildings and Driveways.
(a)
No driveway or parking lot should be closer than 25 feet to
the front of any building, nor 10 feet to the side or rear of any
building.
(b)
In the case of an enclosed garage or carport provided as a portion
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(5)
Setback Requirements. All dwelling structures situated within
a planned residential development shall be setback a minimum of 50
feet from all tract boundary lines and 25 feet from the edge of any
adjoining street right-of-way.
[Ord. 168, 8/11/1992, § 407]
[Ord. 168, 8/11/1992, § 408; as amended by Ord. 213, 1/29/2004, Art. 4]
1.
Clubs, lodges and fraternal organization facilities may be permitted only as outlined in Part 3. (Particular attention should be given to determining the appropriate approving authority.) Such facilities may only be operated as nonprofit organizations but may include a dining room operated for the benefit of the organization. The following standards shall apply to all such activities as well as all other applicable Sections of this chapter.
A.
Minimum Lot Area and Width. Every lot to be utilized for such use
shall contain a gross area at least equal to the minimum lot size
for the district in which it is located and shall provide a width
equal to the minimum required in the applicable district.
C.
Maximum Building Coverage. The maximum allowable building coverage
shall be 20%.
D.
Maximum Height. The maximum allowable height shall be 40 feet or
3 1/2 stories, whichever is less.
[Ord. 168, 8/11/1992, § 409; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; and by Ord. 240, 8/12/2009,
Art. 4]
1.
Day care centers, group day care homes or nursery schools may be
permitted only in those zoning districts and as specified in Part
3, "District Regulations." All applications for such uses, whether
new construction or a conversion, shall also meet the requirements
outlined below:
A.
The lot upon which the day care center, group day care home or nursery
school is situated shall meet the minimum area requirements established
in Part 3, "District Regulations," for the district in which the use
is to be located.
B.
Outdoor recreation area shall be provided in accordance with the
applicable State regulations. Such areas shall be completely enclosed
with a fence or wall which meets all State regulations and which is
located no less than 10 feet from the edge of any adjoining street
right-of-way. A dwelling or other accessory building may also be used
as part of the required enclosure.
C.
Outdoor play areas shall be sufficiently screened and sound insulated
to protect the neighborhood from noise or other disturbances.
D.
Passenger drop-off and pick-up areas shall be provided on-site.
E.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall meet all requirements
of the Pennsylvania Department of Environmental Protection.
F.
Evidence shall be provided with the application indicating that all
appropriate state licensing requirements have been met.
[Ord. 168, 8/11/1992, § 410; as amended by Ord. 213, 1/29/2004, Art. 13; by Ord. 231, 10/14/2008; and by Ord. 240, 8/12/2009,
Art. 4]
1.
If specific recreational facilities are not specified or regulated
elsewhere herein, the following standards shall apply:
A.
The minimum area required for such activities shall be in accordance
with the district regulations.
B.
A plan showing the proposed facilities and/or design of the recreational
facility shall be provided by the applicant with the zoning permit
application.
C.
A statement shall be submitted by the applicant indicating the reasons
why the proposed facility is appropriate for the district in which
it is to be located.
D.
Off-street parking facilities shall be provided in accordance with the requirements of § 27-801, Table 27-1, of this chapter.
E.
Sewage disposal facilities shall be provided by the applicant in
accordance with the standards of the Pennsylvania Department of Environmental
Protection. A sewage permit or completed sewage planning module shall
be submitted with the zoning permit application.
F.
Information on the proposed method of solid waste collection and
disposal shall be presented with the permit application.
G.
Outdoor security lighting shall be provided for the facility. Such
lighting shall be installed and shielded to eliminate direct glare
on adjacent properties or upon public streets.
H.
All buildings, structures or active recreation activities shall be appropriately screened in accordance with the requirements of § 27-507 of this chapter and shall be setback at least 100 feet from all property lines. Where the proposed activity could create a potentially hazardous situation, additional precautions shall be taken by the applicant to ensure the safety of the public. In all such circumstances, the Township shall review the precautions being proposed and shall determine their adequacy.
I.
The proposed hours, rules, and security arrangements for the facility
shall be included with the permit application. Consideration shall
be given not only to the convenience of the users, but the convenience,
safety and welfare of the neighborhood in which the facility is to
be located.
[Ord. 168, 8/11/1992, § 411; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; by Ord. 266, 12/10/2013, Art. 3; and by Ord. 276, 11/10/2015, Art. 3]
1.
Camps, lodges and vacation homes may be permitted only in those zoning
districts as specified in Part 3. Every such structure shall meet
the requirements outlined below.
A.
For the purposes of this chapter, camps or vacation homes shall be
construed to mean permanent structures used only periodically during
the year. Such use may include shelter during hunting and fishing
seasons, private vacation and/or weekend or holiday uses, or other
similar periodic visits at any time of the year.
B.
Every lot to be utilized for such use shall contain a gross area
at least equal to the minimum lot size for the district in which it
is located and shall provide a width equal to the minimum required
in the applicable district.
C.
Every seasonal dwelling shall be provided with adequate sewage disposal
and water supply systems subject to the applicable rules and regulations
of the Pennsylvania Department of Environmental Protection. Satisfactory
evidence that all necessary permits of this type have been obtained
shall be submitted as a part of an application for a camp, lodge or
vacation home.
D.
A camp or seasonal structure shall not be converted to a permanent, full-time dwelling unit unless the same shall conform to all applicable Township codes and ordinances including the UCC [Chapter 5, Part 1]. Where seasonal structures are proposed for conversion to full-time occupancy, all habitable floor area requirements contained in § 27-403 must be met and adequate sewage and water supply systems must be provided.
E.
No buses, trucks, or similar vehicles are permitted as permanent
camp structures. They may be used for temporary purposes for a period
of time not exceeding 90 days.
F.
No more than one permanent camp structure shall be erected on an
individual lot.
G.
Camps shall not be located closer than 1,000 feet to any full-time
residence and shall be setback at least 100 feet from the edge of
any adjoining street right-of-way.
H.
Recreational vehicles used as camps, cabins or vacation homes which
are situated in any identified floodplain my only be situated on such
sites from April 1 to October 1 of each year. All such units must
be removed from the floodplain during the remainder of the year. Further,
all such units must remain on wheels, be fully licensed and ready
for highway use, be capable of being towed at all times, and must
be removed from the floodplain when a flood warning is issued.
[Ord. 168, 8/11/1992, § 412; as amended by Ord. 231, 10/14/2008]
Recreational vehicle parks or campgrounds are permitted only
in those zoning districts as specified in Part 3.
[Ord. 168, 8/11/1992, § 413; as amended by Ord. 231, 10/14/2008; and by Ord. 240, 8/12/2009, Art. 4]
1.
Retail establishments shall include all those commercial and business establishments specified in Part 3, "District Regulations." Such activities may be permitted only in those zoning districts and as indicated in the district regulations. In addition, every proposed retail establishment shall meet the requirements outlined below as well as the standards set forth in the Township Subdivision and Land Development Ordinance [Chapter 22]. Additional documentation may be required where it is deemed necessary by the Township to protect public health, safety and welfare.
A.
Applications for new retail establishments shall include documentation
and information sufficient to determine that the proposed use will
meet the following standards:
(1)
A site plan drawn to scale, showing the tract of ground on which
the use is to be situated and the location of all buildings or structures
existing or proposed for the site shall be submitted for all new retail
establishments.
(2)
Retail establishments shall have no detrimental effect on the
character of the area or neighborhood where they are proposed to be
located. All applications for such uses shall include details regarding
the proposed use of externally broadcast music, public address systems,
public announcements, paging, and similar activities.
(3)
All retail uses shall provide adequate sewage disposal facilities
and a safe water supply.
(4)
Outdoor lighting associated with the proposed establishment
shall be mounted and shielded to effectively eliminate direct or reflective
glare on adjacent properties and on public streets.
(6)
All signs used to advertise retail activities shall meet the requirements of Part 7 of this chapter.
(8)
Arrangements for the collection, storage and disposal of solid
wastes generated by the commercial use shall be made by the applicant
and submitted to the Township for approval as part of the application
for the retail activity. Such arrangements shall indicate the type
of screening to be used to conceal waste storage facilities used by
the retail establishment.
(9)
Applications for retail establishments shall also include an
indication of the activity's proposed hours of operation.
(10)
No offensive or objectionable noise, vibration, smoke, dust,
odor, heat or glare shall be detected at or beyond the property line
of the lot containing the commercial activity.
B.
Applicants proposing to change from one commercial use to another
commercial use in an existing building shall apply to the Zoning Officer
for a zoning permit before changing use. All such applicants shall
provide sufficient information to the Zoning Officer indicating that
the issues raised in Paragraph A above will be adequately addressed.
C.
No perpetual outside displays or retail sales shall be permitted
for commercial uses, except where such display is a necessary part
of the use. No merchandise shall be placed on any sidewalk except
as part of a periodic sidewalk sale.
[Ord. 168, 8/11/1992, § 414]
1.
For the purposes of this chapter, public entertainment facilities shall include, but not be limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Part 3, "District Regulations," and shall be subject to the following standards, in addition to all other applicable State or local requirements:
A.
All such uses shall be conducted entirely within an enclosed structure.
B.
Off-street parking spaces shall be provided in accordance with the § 27-801, Table 27-1, of this chapter.
C.
Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part 7 of this chapter.)
D.
Adequate measures shall be taken to prevent noise or other noxious
influences from disturbing nearby residential properties.
[Ord. 168, 8/11/1992, § 415; as amended by Ord. 189, 2/10/1998, § 3; and by Ord. 213, 1/29/2004,
Art. 4]
1.
Adult entertainment establishments or facilities may only be permitted
as specified in Part 3, "District Regulations," and shall be subject
to the following standards, in addition to all other applicable State
or local requirements:
A.
For the purposes of this chapter, adult entertainment establishments shall include, but are not limited to, adult book stores, adult cabarets, adult drive-in picture theaters, adult mini-motion picture theaters, adult motion picture theaters, adult walk-in picture theaters, adult amusement arcades, and adult massage parlors. (See § 27-1302, "Definitions.")
B.
In order to protect the public health, safety, morals and general
welfare of the Township, adult entertainment establishments shall
not be located within:
(1)
Five-hundred feet of any R-S or R-U District or residential
structure.
(2)
Five-hundred feet of any church, school, theater, park, play
ground, or other areas where minors congregate.
(3)
Five-hundred feet of any establishment licensed by the Pennsylvania
Liquor Control Board to dispense alcoholic beverages.
(4)
Five-hundred feet of any restaurant, eating establishment or
grocery store.
(5)
Five-hundred feet of any other adult entertainment establishment.
|
For the purposes of this section, spacing distances shall be
measured from all property lines of any of the uses specified in Paragraph
A, above.
|
C.
Advertisements, displays, or other promotional materials for adult
entertainment establishments shall not be shown or exhibited so as
to be visible to the public from any street, sidewalk or other public
place.
D.
All building openings, entries, exits or windows for adult entertainment
establishments shall be located, covered or screened in such a manner
so as to prevent a view into the interior from any street, sidewalk
or other public place. In the case of any adult drive-in or motion
picture theater, viewing screens shall be situated so as to prevent
observation from any street, sidewalk or other public area or nearby
pre-existing residential area.
[Ord. 168, 8/11/1992, § 416; as amended by Ord. 231, 10/14/2008]
1.
Kennels may be permitted as provided in Part 3, "District Regulations,"
and shall be subject to the following requirements:
A.
All kennels shall be effectively screened from adjacent residential
properties and shall not be detrimental to any abutting commercial
use.
B.
Any and all outdoor lighting shall be mounted and shielded in such
a way so as to be avoid causing glare on adjacent lots or properties.
C.
The kennel area shall be completely enclosed with a chain link fence
or other suitable fence or wall.
D.
The kennel area shall be located at least 100 feet from any residential
structure.
E.
Adequate arrangements shall be made for the disposal of excrement,
waste, or animal parts and other refuse to the satisfaction of the
Township and the Pennsylvania Department of Environmental Protection.
Such arrangements shall assure that the wastes will not create odor,
dust or other noxious effects that could be considered public nuisances.
[Ord. 168, 8/11/1992, § 417; as amended by Ord. 231, 10/14/2008; and by Ord. 271, 11/10/2015, Art. 3]
1.
Automotive Service Stations and/or Repair Shops. Automotive service
stations and/or repair shops may be permitted as provided in Part
3, "District Regulations," and shall be subject to the following requirements:
A.
No gasoline service station or automotive repair shop shall have
an entrance or exit for vehicles within 300 feet of any school, playground,
church or public place of assembly, nor within 30 feet of any intersection.
B.
All gasoline pumps or other fuel dispensing devices shall be no closer
than 15 feet to any street right-of-way line.
C.
All associated repair work shall be carried out within a structure.
All repair materials, including new, used, discarded or unusable parts
of any vehicle, shall be stored within a building.
D.
All fuel, oil, propane gas, or other similar substance shall be stored
at least 25 feet from any street right-of-way or property line. (Additional
permits may be necessary to meet State and Federal requirements regarding
the location of storage tanks for such purposes.)
E.
Where adjacent land use dictates (i.e., residential home sites, churches
or similar uses), proper screen plantings or buffer yards of 25 feet
shall be provided.
2.
Compressed Natural Gas and Alternate Fuels Fueling Systems. Compressed
natural gas (CNG) and alternate fuels fueling systems may be permitted
only in those zoning districts and as specified in Part 3, "District
Regulations," and shall be subject to the following standards, in
addition to all other applicable State and Federal requirements, including
Uniform Construction Codes:
A.
No entrance to a compressed natural gas or alternate fuels fueling
system facility shall be located within 30 feet of an intersection.
B.
Fuel pumps and fueling devices or dispensers shall be located no
closer than:
C.
Concrete or steel bollards at a minimum height of 48 inches shall
be placed on the fuel island adjacent to the fuel dispensers.
D.
The equipment pad associated with the CNG or alternate fuels fueling
system shall be surrounded by a privacy fence or block wall a minimum
of eight feet in height.
[Ord. 168, 8/11/1992, § 418; as amended by Ord. 189, 2/10/1998, § 4; and by Ord. 231, 10/14/2008]
1.
Industrial uses shall include those manufacturing operations and
processing activities provided for in Part 3, "District Regulations."
Applications for such activities shall meet the following standards
and additional documentation as may be required where it is deemed
necessary by the Township to protect the health, safety and welfare
of its residents.
A.
Industrial operations shall abut and/or provide direct access to
a street or highway which is capable of accommodating the anticipated
levels and types of industrial and employee traffic.
B.
Every industrial or manufacturing operation must be contained within
a building.
C.
Where adjacent land use dictates, or where in the opinion of the
approving authority it would be appropriate, buffer yards of 50 feet
and screen planting shall be provided along the entire perimeter of
the site.
D.
Continued compliance with the following minimum performance standards,
in addition to all applicable local, State or Federal codes or regulations
(including DEP's air, water and noise pollution control standards)
shall be required:
(1)
Sound. The volume of sound inherently and recurrently generated
shall be controlled so as not to cause a nuisance to adjacent uses.
(2)
Vibration. An operation which creates intense earth-shaking
vibrations, e.g., heavy drop forges, hydraulic surges, etc., shall
not cause discernible vibration beyond the property lines of the industry.
(3)
Odor. No emission of odorous gas or other odorous matter shall
be permitted in such quantity as would be readily detectable along
or beyond the lot lines of the industrial operation without the use
of instruments.
(4)
Toxic or Noxious Matter. No discharge beyond lot lines of any
toxic or noxious matter in such quantity as would be detrimental or
dangerous to public health, safety, comfort or welfare, or would cause
injury or damage to property or businesses shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable at any
point along or beyond the property lines of the industry.
(6)
Heat. No direct or reflected heat shall be detectable at any
point along the property lines of the industry.
(7)
Dust and Fly Ash. No solid or liquid particles shall be emitted
in such quantities as would be readily detectable at any point along
or beyond the property lines of the industry or as would produce a
public nuisance or hazard.
(8)
Smoke. No smoke shall be emitted in such quantity that constitutes
a nuisance.
(9)
Fire and Explosion Hazards. In all activities involving, the use or storage of, flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be performed in compliance with Ord. 190, 2/10/1998, the Township Burning Ordinance [Chapter 7, Part 1].
(10)
Radioactivity or Electrical Disturbances. No activities shall
be permitted which emit dangerous radioactivity or electrical disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance or be perceptible at the lot line.
[Ord. 168, 8/11/1992, § 419]
1.
Contractors shops and yards may be permitted as provided in Part
3, "District Regulations," and shall be subject to the following requirements:
[Ord. 168, 8/11/1992, § 420; as amended by Ord. 231, 10/14/2008]
1.
All scrap processing operations/junkyards existing at the effective
date of this chapter or all new scrap processing operations/junkyards
which are created hereafter shall comply with the following provisions.
In addition, the annual licensing fee for such facilities shall be
in such amount as established from time to time by resolution of the
Board of Supervisors:
B.
No junk material, appurtenant structure, related activity or other
enclosure shall be stored, placed, located or conducted within 25
feet of any adjoining property line or public street right-of-way.
No weeds or scrub growth over eight inches in height shall be permitted
to grow within this setback area.
C.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water. No junk shall
be piled to a height exceeding eight feet.
D.
No oil, grease, tires, gasoline or other similar material shall be
burned at any time, and all other burning shall be attended and controlled
at all times.
E.
All scrap processing operations/junkyards shall be maintained in
such a manner to avoid causing public or private nuisances; causing
any offensive or noxious odors; or causing the breeding or harboring
of rats, flies, or other vectors that could be hazardous to public
health.
[Ord. 168, 8/11/1992, § 421; as amended by Ord. 231, 10/14/2008]
1.
For the purposes of this chapter, essential services shall include
the erection, construction, alteration, use and maintenance by municipal
or governmental agencies and public utilities or public service corporations,
of such facilities as are necessary for the furnishing of adequate
service by such agencies, utilities or public service corporations,
for public health, safety or general welfare, including underground
or overhead electrical, telephone, gas, steam, water or sewage disposal
systems, including poles, wires, lines, mains, drains, sewers, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
gas regulator and measuring devices, including the structures in which
they are housed, and other similar equipment. Such facilities shall
meet the following additional standards:
A.
Public utility structures, including substations, sewer or water
pumping stations, sewage storage tanks and/or sewage treatment facilities
shall be designed and constructed to be compatible with the general
character (appearance and structural material) of the other structures
within the district in which they are located.
B.
Structures associated with these uses shall house only those vehicles
or equipment necessary to provide normal maintenance and repair for
the systems. Structures may be permitted for the housing of transformers,
pumps and similar equipment.
[Ord. 168, 8/11/1992, § 422; as amended by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009,
Art. 4; and by Ord. 271, 11/10/2015, Art. 3]
1.
All agricultural uses initiated after the effective date of this
chapter shall be subject to the following standards:
A.
General Agricultural Requirements.
(1)
The noncommercial raising, breeding and/or boarding of livestock
or poultry may be undertaken only in the R-A, R-R, R-S and R-U Zoning
Districts in the Township and shall be subject to all requirements
of Subsection 1C of this section.
[Amended by Ord. No. 288, 3/10/2020]
(2)
Facilities to be used for the storage of manure and/or odor
or dust producing substances shall be set back a minimum of 150 feet
from all lot lines and public rights-of-way.
(3)
Coal fired greenhouse heating appliances shall be set back a
minimum of 100 feet from any R-S or R-U District or residential dwelling
(other than the owner's residence). All such facilities utilizing
natural gas or fuel oil shall be set back a minimum of 50 feet.
(4)
Buildings in which farm animals and/or poultry are to be housed
(temporarily or permanently) shall not hereafter be erected within
150 feet of a property line or public right-of-way lines.
B.
Concentrated Animal Feeding Operations and/or Concentrated Animal Operations. Concentrated animal feeding operations (CAFOs) and/or concentrated animal operations (CAO's) may only be permitted in a Residential Agriculture (R-A) District, and all new or expanded CAFOs and/or CAO's shall require conditional use approval from the Township prior to the issuance of a zoning permit. (See § 27-303.) In addition, all applications for CAFOs and/or CAO's shall satisfy the following criteria:
(1)
All CAFOs and/or CAO's shall meet the requirements set forth
in the Pennsylvania Nutrient Management Regulations for the preparation
and submission of nutriment management plans. In particular, all such
operations shall meet the standards established in the nutrient management
regulations pertaining to nutrient application, manure management,
and manure storage facilities.
(2)
All applications for Township approval of CAFOs and/or CAO's
shall be filed with the Township Zoning Officer and shall include
the following information:
(a)
A detailed, written description of the type and size of the
operation being proposed.
(b)
A site plan illustrating the proposed location of all outdoor
feedlots, animal confinement buildings, manure storage facilities,
and manure application areas, and their relationship to existing occupied
dwellings (other than the owner's residence).
(c)
A copy of the applicant's current nutrient management plan,
reviewed and approved by the County Conservation District, designated
nutrient management specialist, or other appropriate agency.
(3)
Buildings in which livestock and/or poultry are to be housed
(either temporarily or permanently) for a CAFO and/or CAO shall not
hereafter be erected within 250 feet of a property line, a street
right-of-way, or a stream, body of water, or designated wetlands.
Where however, more restrictive setback requirements are established
in the nutrient management regulations, then those standards shall
apply.
(4)
No outdoor feedlot or similar unenclosed activity shall be located
closer than 250 feet to any occupied dwelling (other than the owner's
residence), any property line, stream, body of water, designated wetland,
or public right-of-way line.
C.
Domestic Chickens.
[Added by Ord. No. 288, 3/10/2020]
(1)
Normal agricultural or farming activities occurring in the R-A
Zoning District shall not be subject to the regulations of this section.
(2)
No more than six female chicken hens may be kept for noncommercial,
personal use on any lot in the R-A, R-R, R-S or R-U Zoning District,
regardless of the number of dwelling units on the lot.
(3)
There shall be no roosters or guinea hens kept or boarded for
personal use. (A complete list of unapproved breeds will be available
at the Township office.) Further, there shall be no commercial breeding
of chickens, no commercial fertilizer production, nor commercial slaughtering/butchering
conducted on the property.
(4)
Chicken hens must be kept in a fenced area containing a chicken
coop or chicken tractor, with access to a chicken run, at all times
during daylight hours. Such enclosures shall be clean, dry and odor-free
and kept in a neat and sanitary condition at all times. The chicken
pen must provide adequate sun and shade and shall be impermeable to
rodents, wild birds, and other predators, including dogs and cats.
The pen shall be constructed with sturdy wire fencing and shall be
wrapped on all sides and on the bottom. It shall be covered with wire,
aviary netting or solid roofing.
(5)
During nondaylight hours, hens shall be secured within a henhouse
which is enclosed on all sides and has a roof and door(s). The henhouse
must be well-maintained.
(6)
No chicken coop, henhouse, fenced area, or chicken run may be
located within a front yard and may be situated no closer than 10
feet to a side or rear property line, stream, body of water, designated
wetland or public right-of-way.
(7)
There may be no more than one chicken coop, henhouse or other
installation constructed, located or placed on a single lot. The maximum
size of any chicken structure may not exceed 144 square feet.
(8)
Arrangements shall be made for the storage and removal of chicken
manure. All stored manure shall be kept in a fully enclosed container
or compost bin.
(9)
It shall be unlawful for the owner(s) of any chicken hens to
allow such chickens to run at large upon any roadway, sidewalk, walkway,
or other places where people congregate, nor upon any public or private
property within the Township.
(10)
The property owner shall have 30 days to remove all structures
and fenced areas associated with the maintenance of domestic chickens
once the use has been abandoned or vacated.
[Ord. 168, 8/11/1992, § 423; as amended by Ord. 189, 2/10/1998, § 5; by Ord. 213, 1/29/2004,
Art. 13; and by Ord. 231, 10/14/2008]
1.
Mineral extraction operations, such as quarries or other commercial
excavation of sand, gravel, clay, shale, rock or other natural mineral
deposit may be permitted only as outlined in Part 3. Such operations
shall comply with Pennsylvania Department of Environmental Protection's
permit requirements and evidence of such compliance must be submitted
with any application for an extractive operation. In addition, the
following standards shall be met:
A.
Extractive operations shall abut on or provide direct access to an
arterial highway capable of accommodating heavy trucks and employee
traffic. Truck access to any excavation shall be arranged to minimize
danger to traffic and nuisance to surrounding properties. The Township
may require the applicant to post a highway performance bond in order
to assure the maintenance of local municipal roads used for access
and transportation of resources, materials and products of the operation.
The amount of the bond shall be set by the Township and shall be valid
for one year. An annual renewal and update of the zoning permit for
the activity, including the amount of the bond, shall be required.
The bond shall be administered in accordance with the provisions of
Article V of the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10501 et seq., relating to improvement agreements.
B.
The applicable shall submit plans which indicate what precautions
will be taken to avoid soil erosion and sedimentation problems wherever
any excavation is proposed. The applicant shall consult the County
Conservation District concerning these plans and shall obtain a report
on the soil characteristics of the site. Exposed ground surfaces shall
be stabilized or protected with a vegetative cover to prevent soil
erosion, unless other erosion control techniques are approved.
C.
Proper screen plantings and a buffer yard of 50 feet shall be provided
along the perimeter of the excavation site. In the case of open excavation,
a fence, at least six feet in height, shall completely surround at
least that portion of the property containing the excavation.
D.
No mineral extraction activities, stockpiling or storage of extracted
material shall be located closer than 100 feet to any property line,
street right-of-way line, or residential dwelling nor less than 250
feet from any stream or body of water.
E.
No accessory uses or structures, including rock crushers, batching
or mixing plants, or other grinding, polishing or cutting machinery
may be permitted in the R-S and R-U Zoning Districts. Where permitted,
all such uses shall be setback a minimum of 100 feet from all property
lines and public rights-of-way and shall be subject to such additional
conditions and safeguards deemed necessary by the appropriate approving
agency to protect the public health, safety and welfare.
F.
Following the extractive operation, the applicant shall restore the
area to a contour satisfactory to the Township. The applicant shall
provide plans and proposals indicating the process to be followed
to bring about this restoration prior to the issuance of a zoning
permit. If it is determined appropriate by the Township, they may
require a performance bond from the applicant to ensure that such
restoration will take place. Such bond shall be administered in the
same fashion as the highway performance bond discussed in Paragraph
A above.
[Ord. 168, 8/11/1992, § 424; as amended by Ord. 175, 7/20/1994, § 26; by Ord. 189, 2/10/1998,
§ 6; by Ord. 213, 1/29/2004, Art. 4; by Ord. 231, 10/14/2008; and by Ord. 271, 11/10/2015, Art. 3]
1.
Private swimming pools may be permitted as accessory uses in all
zoning districts, but shall be subject to the following requirements:
(Pools with a design water depth of two feet or less that do not exceed
250 square feet of surface area shall be exempt from the requirements
of Parts C, D & E of this section.)
A.
The pool shall be used solely for the enjoyment of the occupants
of the dwelling or their guests.
B.
The pool, not including at-grade or walk areas, shall be set back
no less than 10 feet from any property line. This requirement shall
supersede district setback and yard requirements for accessory structures
where those requirements specify a smaller setback. Where district
setback and yard requirements for accessory structures specify a larger
setback however, those larger setback and yard requirements shall
apply. Dressing rooms and other structures associated with swimming
pools shall comply with all applicable district setback and yard requirements.
C.
The pool, or the entire property on which the pool is located, shall
be walled or fenced to prevent uncontrolled access from the street
or from adjacent properties. Said wall or fence shall be not less
than four feet in height as measured from the pool coping.
D.
Above-ground pools whose walls meet or exceed four feet in height
shall not require a separate wall or fence, but shall be equipped
with a removable and/or locking ladder to prevent uncontrolled access.
E.
Any wall or fence that functions as a pool enclosure shall be maintained
in good condition in order to prevent deterioration that would reduce
its effectiveness as a safety barrier, nor shall any existing wall
or fence that functions as a pool enclosure be removed, replaced,
or altered in a manner that would reduce its effectiveness as a safety
barrier.
F.
Draining water from a swimming pool directly onto a public street
or into the Township's sanitary sewer system shall be prohibited.
Additionally, no chemically treated water from a swimming pool shall
be drained into the Township's storm sewer system.
G.
In the event of a conflict or inconsistency between a requirement
found in this section and the requirements set forth in the International
Property Maintenance Code and/or the Uniform Construction Code pertaining
to swimming pools and/or swimming pool barriers, the more restrictive
provision(s) shall apply.
[Ord. 168, 8/11/1992, § 425; as amended by Ord. 175, 7/20/1994, § 5; by Ord. 213, 1/29/2004,
Art. 4; by Ord. 231, 10/14/2008; and by Ord. 240, 8/12/2009, Art. 4]
1.
Where not prohibited by deed restrictions or other covenants or agreements
restricting the use of land, no-impact home-based businesses and other
home occupations may be permitted subject to the following requirements:
A.
No-Impact Home-Based Businesses.
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business activity shall be conducted entirely within the
owner's dwelling and may occupy no more than 25% of the habitable
floor area of the residence.
(3)
The business shall employ no employees other than family members
residing in the dwelling.
(4)
There shall be no display or sale of retail goods and no stockpiling
or inventory.
(5)
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
(6)
The business activity shall 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.
(7)
The business activity shall not generate any solid waste or
sewage discharge in volume or type which is not normally associated
with residential use in the neighborhood.
(8)
The business shall not involve any customer, client, or patient
traffic, whether vehicular or pedestrian, pick-up, delivery, or removal
functions to or from the premises in excess of that normally associated
with a residential use.
(9)
Applications for home-based businesses which do not meet the
"no- impact" criteria outlined above may be considered as home occupations
for the purposes of this chapter.
B.
Home Occupations.
(1)
The area devoted to the home occupation shall be located wholly
within either the operator's dwelling or an attached accessory building
and shall be equivalent to not more than 25% of the gross floor area
of the dwelling, except for family day care homes. In addition, in
the RA District, a permitted home occupation may be situated within
a detached accessory building.
(2)
There shall be no more than one nonresident employed in the
home occupation.
(3)
A home occupation shall not in any way alter the residential
character of a neighborhood nor in any way adversely affect the safe
and comfortable enjoyment of individual property rights of the neighborhood
in which the use is located.
(4)
There shall be no exterior display or sign, except as may be
permitted in Part 7, and no outdoor, unenclosed storage of materials
associated with the business on the premises.
(5)
No offensive or objectionable noise, vibration, smoke, dust,
odor, heat or glare shall be produced or detected at or beyond the
property line.
(6)
A minimum of two additional off-street parking spaces shall
be provided.
(7)
The use shall not create any adverse impact on existing traffic
or circulation patterns in the neighborhood.
[Ord. 168, 8/11/1992, §§ 426, 507-510; as amended by Ord. 213, 1/29/2004,
Art. 5; by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009, Art. 4; by Ord. 258, 7/10/2012, Art. 2; by Ord. 265, 5/14/2013, Art. 2; and by Ord. 271, 11/10/2015, Art. 3]
1.
Outdoor Unenclosed Storage. For the purposes of this chapter, the
outdoor, unenclosed storage of goods, materials, or merchandise (not
including agricultural products or equipment) shall be prohibited
except as accessory or incidental to an approved principal use in
the Residential-Agriculture (R-A) and Industrial (I) Zoning Districts.
Outdoor, unenclosed storage shall not require a zoning permit but
shall be subject to the following requirements:
A.
The storage area shall be screened or shielded from view by a fence,
wall or planting not over 40% open, except for necessary vehicle entrances
and exits.
B.
Such storage shall only be permitted in a side or rear yard.
C.
The storage area shall be situated so as to meet the applicable side
or rear yard setback requirements.
D.
Such storage shall not obstruct any clear sight triangle.
E.
In no case shall the storage cause the lot to become a junkyard nor
shall such accumulation become an independent commercial operation.
2.
Accessory Repair and Storage Facilities. For the purposes of this
chapter, accessory repair and storage facilities shall be defined
as activities or uses accessory or incidental to an approved retail
sales or consumer service establishment that occupy no more than 25%
of the gross floor area of the principal use. Accessory repair and
storage uses shall not require a zoning permit, although any new structure
or expansion of an existing structure to accommodate the use will
require such a permit. All such uses shall be subject to the following
requirements:
A.
The Zoning Officer shall determine that the proposed repair or service
facility is necessary to the everyday need of the citizens of the
municipality.
B.
All repair and/or storage shall be conducted within an enclosed structure.
C.
The structure or facility shall be situated on a lot so that it meets
the yard, height and coverage requirements of the district in which
it is to be located.
D.
All neighboring uses shall be protected and shall not be adversely
affected by light, glare, noise, dust or other potential nuisance
emanating from the proposed activity.
3.
Accessory Storage Trailers. For the purposes of this chapter, an accessory storage trailer shall be defined as that part of a tractor trailer truck which is transported by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage that is accessory or incidental to the principal use. Accessory storage trailers shall require a zoning permit and shall be subject to the following requirements: (See also Subsection 4 below for provisions governing temporary storage trailers.)
A.
Accessory storage trailers shall be permitted as an accessory use
in the Residential-Agriculture (R-A) and Industrial (I) Zoning Districts.
B.
When used in the Industrial District, the suspension system under
the trailer shall be removed and the unit shall be placed upon a foundation.
In the R-A District, however, wheels may be left on the trailer unit,
where this would facilitate the unit being used for agricultural purposes.
C.
There shall be no more than two accessory storage trailers permitted
to be located on a single lot at one time, regardless of the number
of uses on the lot.
D.
Permitted storage trailers shall meet all applicable setback requirements
for the district in which they are located and shall be situated on
the site so as to be as inconspicuous as possible.
4.
Temporary Storage Trailers. For the purposes of this chapter, a temporary
storage trailer shall be defined as that part of a tractor trailer
truck which is transported by the tractor, but which has been detached
from the tractor, placed on a lot with a principal use, and is being
used for temporary storage of excess inventory that is accessory or
incidental to the principal use. Temporary storage trailers shall
require a zoning permit and shall be subject to the following requirements:
A.
Temporary storage trailers shall be permitted as a temporary accessory
use in the Commercial (C), Interchange Commercial (IC), and Industrial
(I) Zoning Districts. In the C and IC zones, permitted temporary storage
trailers shall be limited to two months on the premises in any six-month
period of time, and in the I District, the limit shall be three months
on the premises in any six-month period. The zoning permit may be
renewed one time by the Zoning Officer if, in their opinion, an extension
is warranted or a refusal would cause undue hardship for the applicant.
B.
There shall be no more than three temporary storage trailers on a
site at one time, regardless of the number of commercial or industrial
operations occurring on the lot.
C.
Temporary storage trailers shall meet all applicable setback requirements
for the district in which they are located, and shall be situated
on the site to be as inconspicuous as possible.
5.
Temporary Container Storage. Temporary container storage that is
accessory or incidental to a principal use, shall not require a zoning
permit but shall be subject to the following requirements:
A.
Temporary storage containers shall be limited to 90 days on the premises
in any six-month period of time.
B.
No more than one temporary storage container shall be permitted to
be located on a site at one time, regardless of the number of uses
on the site.
C.
Permitted containers may be situated in a driveway, but shall otherwise
meet the applicable setback requirements for the district in which
they are located. No containers shall be located on a street in the
municipality.
D.
Containers shall not constitute a nuisance, nor pose a safety hazard.
E.
A temporary storage container shall not be utilized as a dwelling,
nor shall any commercial use be operated or conducted from the container.
6.
Storage of Unlicensed Motor Vehicles in Residential Districts. Unless
otherwise regulated by other Sections of this chapter, the storage
or parking of unlicensed motor vehicles in residential districts shall
not require a zoning permit but shall be subject to the following
requirements:
A.
All unlicensed motor vehicles which are in the process of being dismantled
for any reason shall be housed within an enclosed building. No part
of such vehicle(s) shall be stored or otherwise maintained outside
of the building.
B.
No more than one unlicensed motor vehicle not in the process of being
dismantled may be stored and maintained outside of a structure, provided
that:
(1)
Such vehicle is setback at least 40 feet from any neighboring
property line.
(2)
No part of any street right-of-way, sidewalk or parking area
shall be occupied for such storage.
(3)
Such storage may only be permitted in side or rear yard areas.
(4)
Such storage is screened or shielded from view from any public
street and/or adjoining residential properties by the use of fencing,
appropriate screen plantings, or shall be covered with an opaque tarp.
(5)
The proposed method of screening is approved by the appropriate
Township officials at the time of permit application.
C.
In no case shall the storage of motor vehicles on the exterior of
a property cause the lot to become a junkyard, nor shall such accumulation
become a commercial operation.
7.
Storage of Recreational Vehicles, Campers, Boats and/or Commercial
Vehicles in Residential Districts. Unless otherwise regulated by other
Sections of this chapter, the storage or parking of recreational vehicles,
campers, boats and/or commercial vehicles in residential districts
shall not require a zoning permit but shall be subject to the following
requirements:
A.
All recreational vehicles, campers, boats, and similar units that
are in a state of major disassembly, disrepair, or in the process
of being stripped or dismantled for any reason shall be stored within
an enclosed structure. No parts of such vehicle(s) shall be stored
or otherwise maintained outside of a structure.
B.
Recreational Vehicles, Campers, Boats and Similar Units.
(1)
Such storage shall be located on the lot occupied by the owner
of the vehicle or unit or on a lot immediately adjacent to the owner's
lot.
(2)
No on street parking of such vehicles or units shall be permitted.
(3)
Such storage may be enclosed or unenclosed.
(4)
Such storage may only be permitted in side and rear yard areas
and shall meet all applicable setback requirements.
(5)
Such storage shall only be permitted in side and rear yard areas
and shall meet all applicable setback requirements.
C.
Commercial Vehicles.
(1)
Parking or storage of commercial vehicles exceeding seven tons
in maximum gross vehicle weight shall be prohibited in the R-U, R-S,
and R-R Residential Districts in the Township. (This provision shall
not be interpreted to legitimize any parking or storage of commercial
vehicles under seven tons that are otherwise prohibited by this chapter.)
(2)
Commercial vehicles exceeding one ton in maximum gross vehicle
weight may be permitted to be stored in the R-A Residential District,
provided that such storage is off-street and does not cause a nuisance
or pose a safety hazard.
D.
In no case shall the storage of recreational vehicles, campers, boats,
similar units, and/or commercial vehicles on the exterior of a property
cause the lot to become a junkyard, nor shall such accumulation become
a commercial operation.
[Ord. 168, 8/11/1992, § 427; as amended by Ord. 213, 1/29/2004, Art. 13; by Ord. 223, 10/25/2006, Art. 2;
by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009, Art. 4; by Ord. 258, 7/10/2012, Art. 2; by Ord. 260, 7/10/2012, Art. 2; and by Ord. 271, 11/10/2015, Art. 3]
1.
Circuses, Carnivals or Open Air Cultural or Sporting Events. A temporary
zoning permit shall be required for a temporary use such as a circus,
carnival, open-air cultural or sporting event where provided in Part
3, "District Regulations." Such temporary permit shall be valid for:
A.
If the temporary use is to take place on land not owned by the applicant,
the applicant shall present a written statement from the owner of
the property in which he agrees to the temporary use of his property.
B.
The applicant shall provide insurance coverage in an amount as required
by the Township to adequately protect the Township against any damage,
accident or other claim resulting from the event. Evidence of such
insurance shall be submitted as a part of the permit application.
C.
The site of such temporary use shall not be left unattended by the
applicant or agents of the applicant at any time during the use is
located on the site.
D.
Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant with assurance from
the Pennsylvania Department of Environmental Protection that these
arrangements are adequate.
E.
Any solid waste generated by the temporary use shall be collected
and disposed of by the applicant in a manner prescribed by the Township.
F.
The applicant shall assure the Township that all vendors intending
to dispense food or beverages to the public will be properly licensed
or approved by the Pennsylvania Department of Health to do so.
G.
Assurance shall be given by the applicant to guarantee that there
is adequate space to satisfy the parking demands that will be generated
by the use and that adequate traffic control precautions will be taken.
H.
All wagons, tents, temporary structures, animals and any other materials
brought to the site, as well as all debris or refuse generated by
the event, shall be removed by the applicant within the time limit
stated on the temporary permit and prior to vacating the site.
|
The Zoning Officer shall note on the temporary permit or attach
to the permit application, information that demonstrates that the
applicant has agreed to or complies with the requirements of this
section. The Zoning Officer shall inspect the site as necessary to
ensure that the provisions of the permit are adhered to.
|
2.
Mobile Homes. Mobile homes providing temporary quarters, either for
residential or commercial use, may be authorized by the Township Zoning
Officer, but only for limited periods of time. When so authorized,
such units shall be subject to the following standards:
A.
A temporary zoning permit shall be required, and when issued, shall
indicate the specific period of time for which the authorization is
granted. No temporary permit for such uses shall be issued for a period
of time exceeding one year.
B.
The Township may grant an extension of the time period for the temporary
permit, for up to 90 days, if in their opinion the applicant encountered
unforeseen circumstances in carrying out the operation for which the
original temporary permit was issued; or if the permit covered residential
use, the refusal of an extension would cause an undue hardship to
the applicant.
C.
Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant as part of his zoning
permit application, along with assurance from the Pennsylvania Department
of Environmental Protection that these arrangements are adequate.
D.
All such mobile homes shall be removed from the site by the applicant
upon expiration of the permit at no cost to the Township.
3.
Recreational Vehicles in Mobile Home Parks. Recreational vehicles
may be permitted to be placed in mobile home parks on a temporary
basis, but shall be subject to the following requirements:
A.
No more than 20% of the total number of lots in a mobile home park
may be used for recreational vehicles at any one time.
B.
A temporary zoning permit shall be required for the placement of
a recreational vehicle in a mobile home park. When issued, such permits
shall be valid for no more than six months, but may be renewed for
one additional six-month period where, in the opinion of the Zoning
Officer, a refusal would cause an undue hardship for the applicant.
At the expiration of this process, the applicant may apply for an
additional temporary zoning permit.
C.
Each temporary zoning permit application shall indicate the make,
model and license number of the unit to be placed in the park. All
recreational vehicles being placed in a mobile home park shall be
licensed and shall maintain a current registration. The applicant
shall be responsible for notifying the Township within 10 days of
a unit's removal. Replacement units shall require a new temporary
zoning permit.
D.
Only self-contained recreational vehicles may be considered for location
in a mobile home park. All approved units shall remain on wheels and
the undercarriage of each unit shall remain open at all times. No
bales of straw or hay, interior plywood or other similar materials
may be placed under or around such units.
E.
All recreational vehicles to be placed in a mobile home park shall
be connected to public or community sewer and water facilities. Information
guaranteeing the availability of such connections shall be provided
by the applicant as a part of the temporary zoning permit application.
F.
Upon expiration of the temporary permit, the applicant shall be responsible
for removal of the recreational vehicle from the mobile home park,
at no cost to the Township. (See Paragraph B above for details of
the permit process.)
4.
Garage, Porch or Yard Sales. Owners or occupants of homes in residential
districts may sell household personal property belonging to themselves
at garage, porch or yard sales or similar occasional sales held at
their residences. Garage, porch or yard sales shall not require a
zoning permit, but shall be subject to the following requirements:
[Ord. 168, 8/11/1992, § 428; as amended by Ord. 213, 1/29/2004, Art. 13; and by Ord. 231, 10/14/2008]
A temporary zoning permit may be issued for a temporary use
such as a carnival, circus, open air cultural event or sporting event
in any floodplain district. An applicant for such a temporary permit
shall be subject to the standards of § 27-428.1 above. In
addition, if there is a threat of flood or a flood warning is issued
by the County flood warning system or National Weather Service, all
wagons, tents, temporary structures, animals and other materials shall
be removed completely from the 100-year floodplain. This shall be
done promptly before the threat of flood becomes a reality.
[Ord. 168, 8/11/1992, § 429; as amended by Ord. 231, 10/14/2008]
1.
Docks, piers, and other water related uses may be permitted in or
along Lycoming Creek in Old Lycoming Township, as provided in the
district regulations, but must adhere to the following standards:
A.
Docks and all other water-related uses shall be installed so that
they create no rise in the 100-year flood level. In the event that
a flood warning is issued by Old Lycoming Township, docks shall be
removed from the floodplain.
B.
Docks must be removed from the watercourse by their owner during
the off season and may not be stored in the Floodway District. If
stored in a Flood Fringe or General Floodplain District, they must
be secured in such a way as will prevent lateral movement.
C.
Docks shall extend no more than 10 feet into the stream and shall
be located no closer than 50 feet to any other dock.
[Ord. 168, 8/11/1992, § 430; as amended by Ord. 213, 1/29/2004, Art. 4; and by Ord. 231, 10/14/2008]
1.
Group homes may be permitted only in those zoning districts as specified
in Part 3, "District Regulations." All applications for such activities
shall indicate that the following standards can be met:
A.
Residents of a group home shall maintain a single household unit
with shared use of rooms, except bedrooms, and shall share mealtimes
and housekeeping responsibilities.
B.
Accommodations shall be provided for no more than six residents at
one time unless the applicant can demonstrate that the facility is
of such size that it can adequately accommodate additional occupants.
C.
Sewage facilities shall be provided which are capable of treating
the volume of effluent anticipated from the facility. Certification
verifying the acceptability and/or suitability of an existing subsurface
sewage disposal system or a sewage permit for the installation of
a new system or accessibility of the site to public sewers must be
submitted as part of an application for such a use.
D.
Adult supervision shall be provided at the facility on a twenty-four-hour
basis.
E.
A minimum of one off-street parking space shall be provided for each
employee plus one additional space for each two residents.
[Ord. 168, 8/11/1992, § 431; as amended by Ord. 213, 1/29/2004, Arts. 4 and 13; and by Ord. 231, 10/14/2008]
1.
The creation, establishment, maintenance, continuance or enlargement
of a borrow pit, as defined in this chapter, whether as a principal
or accessory use, may be permitted only as outlined in the district
regulations. In addition, the following standards, as well as the
requirements of the Pennsylvania Department of Environmental Protection
and any other applicable State or Federal agencies, shall also apply.
Revocation of any required State, Federal or Township approvals shall
constitute an automatic revocation of the zoning permit for the use.
A.
Required Site Plan Information. In addition to the site plan information
required in § 27-1002.B for conditional uses, the following
additional information shall be provided by the applicant:
(1)
The maximum extent of area to be utilized and the depth of the
proposed surface extraction.
(2)
An indication of the precautions to be taken to minimize air,
water and noise pollution and soil erosion during the extractive operation.
(3)
A plan for reclamation of the surface extraction site, including
any proposed staging of reclamation of portions of the site as portions
of the extractive activities are completed.
B.
Operation and Reclamation Standards.
(1)
Setbacks. No portion of the surface extraction operation, including
production, processing, excavation or stockpiling, shall be located
closer than 100 feet to the boundary of any adjoining property, street
right-of-way line, or residential dwelling, except that excavation
may be permitted within these limits in order to reduce the elevation
of the excavation to the elevation of the adjoining property or street.
This setback area may also be used for access roads and landscaping
or buffering.
(2)
Access Roads. All access roads to public streets or highways
shall be paved or otherwise stabilized to reduce dust within 100 feet
of the road or highway or any adjoining property line. Intersections
with public roads or highways shall be situated and constructed so
as to provide safe ingress and egress to and from the site and shall
be located no closer than 125 feet from any other street or road intersection.
(3)
Slopes. No excavation shall be permitted to reach a water-producing
depth. All excavations shall be graded to meet the following standards:
(4)
Topsoil Preservation. Prior to excavation, the existing topsoil
of the site shall be removed to a six-inch depth and stockpiled. All
exposed areas not being used for excavation shall be stabilized or
otherwise protected with a vegetative or other acceptable cover. Upon
completion of the operation and final grading of all slopes, this
topsoil shall be placed uniformly over the exposed area.
(5)
Soil Erosion Controls. All erosion and sedimentation requirements set forth in the Department of Environmental Protection's regulations, 25 Pa. Code, Chapter 102, "Erosion Control," shall be met by the applicant, including the preparation of an erosion and sedimentation control plan. All earth disturbance or surface mining permits required under DEP regulations shall be submitted as a part of the application for such a use. In addition, the Township may require the applicant to utilize any measures or satisfy any provisions deemed appropriate or necessary for the prevention of soil erosion and sedimentation, including the erosion control standards set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].
(6)
Vegetative Cover.
(a)
Existing trees and ground cover along public roads and in setback
areas shall be preserved and maintained to the extent possible.
(b)
Weeds and other unsightly or noxious vegetation on the site
shall be cut and maintained at a height not greater than six inches
above ground level.
(c)
Upon replacement of the topsoil, trees, shrubs or permanent
types of ground cover shall be planted on all exposed areas of the
site. Seedings and plantings shall be performed in an approved manner
so as to guarantee establishment of a suitable cover on the entire
site.
(7)
Screening. Proper screen plantings shall be provided along the
perimeter of the excavation site.
(8)
Removal of Structures. Within a period of 12 months after completion
of the excavation, all buildings, structures and processing facilities
incidental to the operation shall be removed by and at the expense
of the applicant, unless such structure or facility is to be used
for another legally permissible use.
(9)
Blasting. Any blasting required for a surface extraction operation
shall be conducted only by persons having a current license issued
by the proper State or local authorities. Blasting, handling and storage
of explosives shall be carried out in accordance with the most current
rules and regulations of the Department of Labor and Industry. The
applicant and/or operator of any excavation involving blasting shall
carry insurance to cover such operations in an amount satisfactory
to the Township.
(10)
Warning Signs and Signals. Warning signs and signals shall be
installed by the applicant/operator near the site of excavation so
as to warn persons of the dangerous conditions that may exist.
(11)
Performance and Maintenance Guarantees. The Township may require
the applicant to post a performance bond in order to assure the excavation
is conducted as approved and in conformance with all rules and regulations
of the Commonwealth of Pennsylvania. In addition, if deemed appropriate
by the Township, the bond may also include coverage to assure the
maintenance of municipal roads used for access and transportation
of materials obtained from the site. The amount of the bond shall
be set by the Township and shall be valid for one year. An annual
renewal and update of the zoning permit for the activity, including
the amount of the bond, shall be required. The bond shall be provided
to the Township prior to commencement of excavation. The bond shall
be administered in accordance with the provisions of Article V of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501
et seq., relating to improvement agreements.
[Ord. 168, 8/11/1992, § 432; as amended by Ord. 213, 1/29/2004, Art. 13; and by Ord. 231, 10/14/2008]
1.
Sanitary or municipal waste landfills may only be permitted as outlined
in the district regulations and shall be subject to the following
standards as well as all applicable requirements of the Pennsylvania
Department of Environmental Protection and the Environmental Protection
Agency, including air and water quality management:
A.
The minimum area required for a sanitary or municipal waste landfill
shall be 15 contiguous acres.
B.
The applicant shall obtain approval for the proposed facility from
the Pennsylvania Department of Environmental Protection prior to the
issuance of a zoning permit by the Township.
C.
Sanitary or municipal waste landfills shall abut on or provide direct
access to an arterial highway capable of accommodating the anticipated
traffic. Truck access to any such facility shall be arranged to minimize
danger to general traffic and nuisance to surrounding properties.
The Township may require the applicant to post a highway performance
bond in order to assure the maintenance of local municipal roads used
for access to and from the site of the facility. The amount of the
bond shall be set by the Township and shall be valid for one year.
An annual renewal and update of the zoning permit for the activity,
including the amount of the bond, shall be required. The bond shall
be administered in accordance with the provisions of Article V of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501
et seq., relating to improvement agreements.
D.
Sanitary or municipal waste landfills shall be completely enclosed
by a fence so as to be screened from view by passing motorists and
from adjoining properties, to eliminate debris from being blown from
the site, and to discourage trespassing.
E.
All sanitary or municipal waste landfills shall be located a minimum
of 250 feet from any stream, water body or wetland area, or well and
shall be separated from such features by an earthen, landscaped berm
designed and constructed to preclude any direct or indirect runoff
of surface water into the water source.
F.
Sanitary or municipal waste landfills shall be located a minimum
of 1,000 feet from any school, church, municipal building or medical
facility.
G.
A geological study, identifying the seasonal variations of groundwater
in the vicinity of the proposed site as well as the types and depths
of various soils and geologic formations in the area, shall be prepared
by the applicant and submitted to the Township as a part of an application
for a sanitary or municipal waste landfill. This report shall also
include a detailed description of the subsurface conditions of the
proposed site and shall indicate the likely impacts of such a use
on these conditions.
H.
A reclamation plan indicating, in detail, the intended method of
close out and reuse of the site shall be prepared by the applicant
and submitted to the Township as a part of an application for a sanitary
or municipal waste landfill.
[Ord. 168, 8/11/1992, § 433]
1.
Boarding or rooming houses may be permitted only as provided in Part
3, "District Regulations." All applications for such activities shall
indicate the following standards can be met:
A.
Boarding or rooming facilities shall be accessory to a single-family
dwelling unit and may or may not include arrangements for meals.
B.
Accommodations shall be for no more than three additional persons
and shall be for periods of time exceeding one week.
C.
The lot upon which the boarding or rooming house is located shall
have a gross area equal to the minimum specified in Part 3, "District
Regulations," for the zone in which the use is located.
D.
All necessary permits regarding water supply and sewage disposal
shall be provided.
[Ord. 168, 8/11/1992, § 434; as added by Ord. 189, 2/10/1998, § 7; as amended
by Ord. 195, 2/9/1999, § 1; by Ord. 213, 1/29/2004, Art. 13; and by Ord. 231, 10/14/2008]
1.
Timber harvesting activities may be permitted as provided for in
the district regulations. The landowner shall be responsible for making
application for and obtaining the zoning permit where necessary. Subject
to the provisions hereof, timber harvesting shall be permitted in
Zoning Districts R-A, R-R and R-S. Prior to the issuance of a zoning
permit, however, all applications for timber harvesting, including
commercial timbering or logging activities must first be submitted
to the Zoning Officer and shall include all data, plans and approvals
required in Subsections 1.A through 1.E, below. Applications for timber
harvesting, including commercial timber harvesting activities, shall
include the following information:
A.
A sketch plan showing the outline of the tract from which the timber
is to be harvested and the portion of the tract where the logging
is to occur. This shall include:
B.
A soil erosion and sedimentation control plan.
C.
An indication of the length of time anticipated to complete the harvesting
activity and the time of year when the activity is scheduled.
D.
A site restoration plan, including stabilization of disturbed areas
within the tract.
E.
A performance bond made payable to the Township and/or State if applicable
to cover repair and restoration of any Township or State roads used
to access logging operations.
2.
Should the owner fail to produce proper and adequate data or required
notices of plans as required in Subsections 1.A through 1.E, above,
the zoning permit shall be denied. The Zoning Officer shall investigate
these submissions to be certain that they meet the purpose and attendant
criteria prior to issuance of the permit. In addition, owners must
comply with all requirements of this chapter as the timbering operation
develops. Failure to comply shall result in immediate revocation of
the zoning permit by the Zoning Officer.
3.
Zoning permits issued for all such activities shall be valid for
six months unless otherwise extended by the Zoning Officer. Permits
may be extended for no more than an additional six months. There shall
be a flat fee charge for such permits, in accordance with the applicable
Township fee schedule.
[Ord. 168, 8/11/1992, § 435; as added by Ord. 195, 2/9/1999, § 2; and as amended
by Ord. 231, 10/14/2008]
1.
Track facilities may be permitted only as provided in Part 3, "District
Regulations." All applications for such activities shall meet the
following standards:
A.
The construction, use, operation and maintenance of any sort of track
as defined in this chapter for any type of activity, whether or not
recreational, without first obtaining a special exception permit,
shall be prohibited. Special exception shall be required whether the
use is proposed as an accessory, a principal or a temporary activity.
B.
In evaluation of the special exception request, the Zoning Hearing
Board shall consider, at a minimum: safety issues, potential environment
impacts, such as dust, noise generation, proposed hours of operation,
population density in the vicinity of the proposed track, crowd control,
and general traffic matters.
[Ord. 168, 8/11/1992, § 436; as added by Ord. 213, 1/29/2004, Art. 4]
1.
Family care units may be permitted only in those zoning districts
and as specified in Part 3, "District Regulations." In addition, all
such units shall be subject to the following requirements:
A.
For the purposes of this chapter, a family care unit may only be
permitted as accessory to a principal residential use.
B.
A family care unit shall be restricted to use by family members related
to the owner or occupant of the primary residence, plus any live-in
attendant and the attendant's immediate family.
C.
Limitations and conditions for occupancy or continuation of occupancy
shall be established by the Zoning Hearing Board at the time of initial
application consideration including, but not limited to, life tenure
of the resident family member(s), prohibition of commercial rental
or compensation, etc.
D.
Applications for family care units shall meet all other provisions
of this chapter, including setback, building coverage, and off-street
parking requirements, as well as floodplain management regulations,
unless approved otherwise by the Zoning Hearing Board as part of their
consideration of the proposal.
E.
Where a family care unit involves a new free-standing structure with
its own sewage system, or is to be connected to the sewage system
for the principal residence, the applicant shall secure a permit for
installation of the new system or to connect to the principal residence.
F.
The applicant shall notify the Zoning Officer and Township Sewage
Enforcement Officer in advance where a live-in attendant becomes necessary.
G.
The zoning permit for a family care unit may only be issued as a
temporary permit, with the duration of each such permit to be determined
by the Zoning Hearing Board and specifically noted on the face of
the permit.
H.
The zoning permit for the family care unit shall become null and
void when the limitations or conditions of occupancy no longer exist.
Zoning permits for free standing structures shall be limited to a
specified structural type in order to facilitate removal of the unit
upon expiration of the permit.
I.
The applicant shall be responsible for removal of the family care
unit and for restoration of the site upon expiration of the zoning
permit at no cost to the Township.
[Ord. 168, 8/11/1992, § 437; as added by Ord. 213, 1/29/2004, Art. 4; and by Ord. 231, 10/14/2008]
1.
Commercial communications antennas, towers, and/or equipment buildings may be permitted only in those zoning districts and as specified in Part 3, "District Regulations." Applications for all new antennas and towers shall also be subject to the standards outlined below, as well as all other applicable State or Federal regulations. Private residence mounted satellite dishes or television antennas or amateur radio equipment, including ham or citizen band radio antennas, shall be excluded from regulation by this section.
A.
General Requirements.
(1)
Zoning Permit Requirements. No person or entity shall construct,
install or otherwise operate a commercial communications antenna or
erect a communications tower or equipment building without first securing
a zoning permit from the Township Zoning Officer, except as may be
provided otherwise in this section.
(2)
Site Plan Requirements. All applications for communications
antennas, towers, and/or equipment buildings shall include a complete
site plan as required in § 27-1002.C of this chapter for
evaluation of conditional use requests.
(3)
State and Federal Documentation. The applicant shall provide
sufficient documentation that it is licensed by the Federal Communications
Commission (FCC) to operate a communications tower and/or antennas.
The applicant shall also demonstrate that all antennas proposed to
be mounted on such existing buildings or towers will comply with the
applicable standards established by the FCC governing human exposure
to electromagnetic radiation, and that any proposed tower will comply
with all Federal Aviation Administration (FAA), Commonwealth Bureau
of Aviation, and all applicable airport zoning regulations.
(4)
Interference. The applicant shall also demonstrate that the
proposed antenna will not cause interference with other communications
facilities located in the Township.
(5)
Change of Ownership. Within 30 days after a change of ownership
of any communications antenna, tower or equipment building, the new
owner shall notify the Township in writing of such ownership change.
(6)
Relief from Standards. No provision of this section is intended
to unduly restrict or impair communications activities conducted by
any FCC licensed individual or entity. In the event that it is determined
that any provision of this section would unlawfully restrict the exercise
of a license issued by the FCC, Old Lycoming Township shall have the
power and authority to modify the terms of this section as they apply
to such license holder. Relief under this section shall however be
authorized on a case by case basis, and any such application shall
be considered as a conditional use.
B.
Communications Antennas (Building-Mounted). A communications antenna
attached to an existing building or structure shall be subject to
the following standards:
(1)
Site Location. Building-mounted communications antennas shall
not be located on a single- or two-family dwelling, but may be attached
to a church, a municipal or government building, a water tank, an
agricultural building, electrical transmission poles or towers, or
other commercial or industrial buildings.
(2)
Antenna Height. Building-mounted antennas shall not exceed 15
feet in height above the building to which they are attached. Omnidirectional
or whip antennas shall not exceed a height of 20 feet and a diameter
of seven inches. Directional or panel antennas shall not exceed five
feet in height and three feet in width.
(3)
Attachment. Building-mounted antennas shall be located on those
building elevations which do not face public rights-of-way, and shall
not project more than three feet from the vertical face of the building
to which they are attached.
(4)
Engineer's Certification. Any applicant proposing to mount a
communications antenna on a building or other structure shall submit
evidence to the Township from a registered professional engineer certifying
that the proposed installation will not exceed the structural capacity
of the building or structure, considering wind and other loads associated
with the antenna's location.
(5)
Appearance. Detailed construction and elevation drawings shall
be submitted to the Township indicating how any such antenna will
be mounted on the building or structure and how it will be seen in
the community from ground level.
(6)
Maintenance. Applicants for a building-mounted antenna shall
submit evidence to the Township indicating that all necessary agreements
and/or easements have been secured to provide access to the building
or structure on which the antenna is located.
C.
Communications Towers and Tower-Mounted Antennas. Communications
towers shall be subject to the following standards:
(1)
Evidence of Need. Any applicant proposing construction or location
of a new communications tower shall provide documentation to the Township
which demonstrates a need for the structure in the proposed location.
Such documentation shall include coverage diagrams and technical reports,
prepared by a qualified, professional engineer, indicating that the
proposed location is necessary to achieve the desired coverage and
that co-location on an existing tower, building or structure is not
possible. (See Paragraph C(2) below for additional co-location requirements.)
(2)
Co-location. Any applicant proposing construction of a new communications
tower shall document that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure, pole or communication tower. A good faith effort shall
require that all owners of potentially suitable structures within
a one mile radius of the proposed tower site be contacted and that
one or more of the following reasons applies for not selecting such
structure:
(a)
The proposed antennas and related equipment would exceed the
structural capability 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 structure
and the interference could not 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 antennas and related equipment would
result in electromagnetic radiation from the structure exceeding applicable
standards established by the FCC governing human exposure to such
radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structure.
(3)
Site Location. A communications tower may be located on a lot
occupied by other principal structures and may occupy a leased parcel
within a lot meeting the minimum lot size requirements for the district
in which the tower is to be located. Joint use of a site shall be
prohibited however when an existing or proposed use involves the storage,
distribution or sale of volatile, flammable, explosive or hazardous
materials such as propane, gasoline, natural gas, or dangerous chemicals.
(4)
Tower Height. The maximum height of any communications tower
shall be 180 feet measured from the ground level around the tower
to the highest point on the tower, including antennas mounted on the
tower, unless the applicant can demonstrate, to the satisfaction of
the Township, that the proposed height is the minimum necessary to
perform the intended function.
(5)
Setback Requirements. The foundation and base of a communications
tower shall be set back from all residential uses and residential
district boundary lines a distance equal to the intended height of
the tower. In all other cases, the applicable district setback requirements
shall apply.
(6)
Antenna Requirements. All tower applicants shall provide evidence
that at least one antenna contract agreement has been secured to locate
on the proposed tower. In addition, the tower shall be designed to
accommodate not less than four antennas, and shall allow for future
rearrangement of antennas or the acceptance of antennas mounted at
varying heights.
(7)
Engineer's Certification. All communications towers shall be
designed and constructed in accordance with currently accepted engineering
practices, taking into consideration all relevant safety factors including,
but not limited to, wind forces. All guy wires associated with communications
towers shall be clearly marked so as to be visible at all times and
shall be located within the required fenced enclosure. The applicant
shall supply the Township with certification from a registered professional
engineer indicating that such practices will be met.
(8)
General Appearance. Towers and antennas located thereon shall
be finished with a nonreflective surface treatment. Materials used
in such construction shall not detract from the appearance of the
area surrounding the tower. Where possible, applicants are encouraged
to design or camouflage towers as trees, farm buildings, or other
natural features.
(9)
Security. The site of a communications tower shall be secured
by a fence with a minimum height of eight feet to limit accessibility
by the general public. All towers shall be fitted with anti-climbing
devices approved by the manufacturer for the type of installation
proposed.
(10)
Lighting. No tower or antenna located thereon shall be illuminated,
except as may be required by the FAA or the FCC, in which case the
Township may review the available lighting options and approve the
design that would cause the least disturbance to surrounding uses
and views.
(11)
Signs and Advertising. No signs shall be mounted on a communications
tower or antenna, except as may be required and approved by the FCC,
FAA, or other governmental agency and the Township. No advertising
is permitted on a tower or antenna, or other building or structure
accessory thereto.
(12)
Landscaping. The tower and any antennas located thereon shall
be located, designed, and screened to blend in with the existing natural
or built surroundings so as to minimize visual impacts and to achieve
compatibility with neighboring residences and the character of the
community to the extent feasible considering the technological requirements
of the proposed service. In addition, the base of the tower shall
be landscaped to screen the foundation, base, and equipment building
from abutting properties.
(13)
Access. Access to the communications tower and/or equipment
building shall be provided by means of a public street or private
right-of-way or easement to a public street. Any such right-of-way
or 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.
(14)
License and Insurance Requirements. The applicant shall submit
a copy of his FCC license, together with the name, address and emergency
telephone number of the operator of the communications tower, and
a certificate of insurance evidencing general liability coverage in
the amount of $1 million per occurrence and property damage coverage
in the amount of $1 million per occurrence covering the tower and
antennas thereon, with a $3 million aggregate. Such insurance shall
remain current at all times that there is a tower located on the property.
(15)
Maintenance and Inspections. Upon completion of installation,
the applicant shall supply the Township with engineering certification
indicating that the tower has been constructed and installed in accordance
with the applicant's approved plans. The Township Zoning Officer may
then issue a certificate of compliance thereby allowing the structure
to be used. Thereafter, the tower shall be regularly maintained and
inspected for structural safety at least annually by a properly qualified
professional. The owner of the tower shall submit such inspection
report to the Township by June 30 of each year as a condition of permit
approval.
(16)
Tower Abandonment and Removal.
(a)
A tower removal performance bond shall be provided by the applicant
to the Township to ensure removal of the tower should it become abandoned
or is no longer used to support communications antennas. Such bond
shall be in an amount no less than 20% of the cost of the tower. Said
bond will remain with the Township for the life of the tower.
(b)
If a communications tower is unused for a period of 12 consecutive
months, the Township may consider the use abandoned and may therefore
instruct the Zoning Officer to issue a notice to the tower owner to
dismantle and remove the facility and associated equipment from the
site within 90 days of the date of the notice. (The retention of equipment
buildings associated with tower facilities may be approved by the
Township at the request of the applicable property owner.) Municipal
enforcement proceedings and procedures to invoke use of the tower
removal bond may be initiated following the ninety-day period if the
tower has not been satisfactorily removed.
D.
Communications Equipment Buildings. Communications equipment buildings
may be permitted as an accessory use to any communications tower located
within the Township subject to the following standards:
(1)
Structures permitted for the housing of equipment, transformers,
and other similar hardware shall be designed and constructed to be
compatible with the general character of the other structures located
within the same district, and shall be subject to the setback requirements
provided in the district regulations for the district where they are
to be located. Such structures shall house only that equipment necessary
to provide normal maintenance and repair for the operations, and shall
generally be unmanned.
(2)
The maximum height of an equipment building shall be 35 feet.
[Ord. 168, 8/11/1992, § 438; as added by Ord. 223, 10/25/2006, Art. 2; and as amended
by Ord. 258, 7/10/2012, Art. 2]
1.
Residential cluster developments may be permitted only in those zoning districts and as specified in Part 3, "District Regulations." Every such application shall also meet the requirements outlined below as well as the standards set forth in the Old Lycoming Township Subdivision and Land Development Ordinance [Chapter 22].
2.
Residential cluster development is an optional form of development
which allows the developer more choices of housing arrangements, and
enables him to develop lots smaller than otherwise provided for in
this chapter, so long as public sewer and water facilities are available
and the land saved by the reduction in lot sizes is reserved as permanent
open space for the benefit of all residents of the development.
A.
Minimum Tract Area Requirements. Residential cluster developments
situated in the Residential Rural District shall contain a minimum
of 10 contiguous acres of land suitable for development. In the Residential
Suburban District, such developments shall contain a minimum gross
tract area of eight contiguous acres of land. Excluded from the determination
of tract size shall be: (1) all land situated in a wetland or 100-year
floodplain; and (2) all land with a slope exceeding 20%. While these
physical features may be included within the tract of a cluster development,
the land area occupied by the features shall not be included in calculating
the required tract size.
B.
Permitted Dwelling Types. The type of dwelling units permitted in
any cluster development shall be as set forth in Part 3, the District
Regulations, for the district in which the development is located;
that is: in the R-R District single-family detached, two-family and
single-family attached dwellings may be clustered; and in the R-S
District, single-family detached, two-family, single-family attached
dwellings, and multi-family dwellings may be included in the cluster
development. No more than a total of 40% of the dwelling units contained
in a cluster development may be single-family attached and multi-family
dwelling structures. Further, all such dwelling structures shall be
located adjacent to one another or be grouped together in an area
separate from single-family detached dwellings in the development.
C.
Tract Density Standards. All residential cluster developments shall be designed in accordance with the standards of this section, except that the maximum gross density set forth in Part 3, "District Regulations," for the zoning district in which the development is located shall not be exceeded; that is:
(1)
(2)
D.
Permitted Lot Area Reductions. The minimum lot area requirement for
single-family detached and two-family dwellings may be reduced up
to 50% from the minimum established for the district in which the
development is to be located. The minimum gross lot area requirement
for single-family attached dwellings may be reduced to the area of
the dwelling unit, and for multi-family dwellings, the minimum gross
lot area may be reduced to the area of the dwelling structure.
E.
Minimum Lot Width Requirements. The minimum lot width required for
single-family detached dwellings shall be 80 feet in the R-R District
and 60 feet in the R-S District. Width requirements for two-family
dwellings in the R-R and R-S Districts shall be the same as those
required for single-family detached dwellings. For single-family attached
dwelling structures, a minimum lot width of 24 feet shall be provided
for each dwelling unit in the structure in the R-R District, and a
minimum of 22 feet shall be provided for each unit in the R-S District
(plus applicable side yard requirements for end units), and for multi-family
dwelling structures, a minimum lot width of 80 feet shall be provided.
F.
Minimum Yard Requirements. (See also Paragraph I(3) below for additional
yard requirements.)
(2)
R-S District. In the R-S District, the minimum yard requirements
shall be:
(a)
Front yard: 20 feet from edge of road right-of-way.
(b)
Side yards: five feet each side.
(c)
Rear yard: 15 feet.
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In addition to the yard requirements set forth above, a twenty-five-foot
buffer yard shall be provided around the entire perimeter of the development
site. The area of this buffer may be included as part of the development's
required open space; however, where such buffer is included as part
of the required open space, it shall not be included as part of any
required lot area. If the area of the buffer is not included as part
of the required open space, then the area may be included as part
of the required lot area. (See also Paragraph J below.)
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G.
Gross Floor Area Requirements. Each dwelling unit located in a residential
cluster development shall meet the gross floor area requirements set
forth in § 27-403.D of this chapter.
H.
Maximum Building Coverage. The maximum permitted building coverage
shall be 35% and shall apply to the entire development tract, rather
than to individual lots.
I.
Design and Building Relationship Standards. The design and building
relationship standards set forth in § 27-407.D(1) through
(7) and § 27-407.E(1) through (4), governing planned residential
developments, shall also be met for residential cluster developments.
In addition, the following standards shall apply:
(1)
Arrangement of Buildings and Facilities.
(a)
All of the elements of the site plan shall be harmoniously and
efficiently organized in relation to topography, the size and shape
of the tract, the character of the adjoining property, and the type
and size of the proposed buildings in order to produce a livable and
economic land use pattern.
(b)
Buildings shall be arranged in favorable relation to the natural
topography, existing desirable trees, views within and beyond the
site, and exposure to the sun and other buildings on the tract. Grading
around the buildings shall be designed to be in harmony with the natural
topography, at the same time assuring adequate drainage and safe and
convenient access.
(2)
Access and Circulation.
(a)
Access to the dwellings and circulation between the buildings
and other important project facilities for vehicular and pedestrian
traffic shall be safe, adequate and convenient for the residents of
the development.
(b)
Access and circulation for firefighting apparatus, furniture
moving vans, fuel trucks, garbage collection, deliveries, and snow
removal shall be planned for efficient operation and maintenance.
(3)
Yards. Yards shall assure privacy, desirable views, adequate
natural light and ventilation, convenient access to and around the
dwelling and other essential facilities or uses.
J.
Open Space Requirements.
(1)
Size and Physical Requirements.
(a)
A minimum of 50% of the gross area of the development tract
shall be reserved by the developer as common open space for the benefit
of all residents of the development. Such open space may include areas
of land and water, but shall exclude all roads, parking areas, structures
or service lanes. The area shall also be easily accessible to all
units in the development and shall be free of safety and health hazards.
Portions of the area to be used for recreational purposes shall have
suitable physical characteristics, including well-drained soils, gentle
topography, and suitable shape and size.
(b)
No more than 50% of the open space may be wetlands, floodplains,
or areas with slope exceeding 20%.
(2)
Use Standards.
(a)
Open space required and provided as part of a residential cluster
development shall not be subdivided nor conveyed unless approved as
part of the original site development plan.
(b)
Required open space may be used for agricultural, woodland conservation,
or recreation purposes.
(c)
Only structures that enhance the use of the required open space
may be permitted. There shall be no residential or commercial use
of such structures, nor shall more than a total of 2% of the open
space be devoted to structures.
(3)
Ownership and Maintenance Responsibilities. Applications for
cluster developments shall include a proposal indicating the ultimate
ownership and maintenance of required open space areas. Where such
open space is not dedicated to the Township or where such dedication
is not accepted by the Township, an agreement which assigns maintenance
responsibilities for the open space and/or recreational facilities
shall be submitted by the developer and approved by the Township,
recorded with the final plan, and shall be included in the deeds for
each parcel or dwelling unit within the development. At a minimum,
covenants in the agreement shall:
(a)
Obligate the purchasers to participate in a homeowners association
and to support maintenance of the open space by paying assessments
to the association sufficient to cover the cost of such maintenance
and subjecting their properties to a lien for enforcement of payment
of the respective assessments. (The Township may, at its discretion,
participate as an at-large, nonvoting member of the association to
ensure continued maintenance of the open space.)
(b)
Obligate such an association to maintain the open areas as well
as any private streets and utilities which may have been approved
within the development.
(c)
Empower purchasers of lots or dwelling units in the development
to enforce the covenants in the event of failure of compliance.
(d)
Provide that the developer shall be responsible for the formation
of the homeowners association of which the developer (or owner, if
other than the developer) shall remain a member until all lots in
the development are sold. (Other equivalent provisions to assure adequate
perpetual maintenance may be considered and approved by the Township.)
(e)
Guarantee that the homeowners association formed to own and
maintain the open space will not be dissolved without the consent
of the Township.
K.
Criteria for Granting Approval of Residential Cluster Developments. In addition to the standards set forth the § 27-1002 of this chapter for review and approval of conditional use applications, the following criteria shall be utilized in reviewing applications for residential cluster developments.
(1)
The proposed cluster development shall be in harmony with the general purpose, goals, objectives, and standards of the Lower Lycoming Creek Multi-Municipal Comprehensive Plan, this Part, and the Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
The proposed cluster development shall not have substantial
or undue adverse effects, as compared to a standard development permitted
by this chapter, upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities, safety and general
welfare.
(3)
The proposed cluster development shall be served adequately
by essential public facilities and services, such as highways, streets,
off-street parking spaces, police and fire protection, drainage structures,
refuse disposal, water, sewers and schools.
(4)
The proposed cluster development shall not result in the destruction,
loss or damage of any natural, scenic or historic features of significant
importance.
[Ord. 168, 8/11/1992, § 439; as added by Ord. 227, 1/7/2008, Art. 2]
1.
Outdoor solid fuel furnaces may be permitted only in those zoning
districts and as specified in Part 3, "District Regulations." Every
such application shall also meet the requirements outlined below:
A.
Applicability. The regulations of this section shall apply to all
outdoor solid fuel furnaces situated within Old Lycoming Township,
but shall exclude the following:
B.
General Requirements.
(1)
New Furnaces. After the effective date of these provisions,
no person shall construct, install or establish an outdoor solid fuel
furnace unless such operation shall meet the following standards:
(a)
All outdoor solid fuel furnaces shall be laboratory tested and
listed to appropriate safety standards such as UL (Underwriter's Laboratories),
CAN/CSA (Canada National Standard/Canadian Standards Association),
or ANSI (American National Standards Institute) standards or other
appropriate safety standards.
(b)
All such facilities shall be constructed, established, installed,
operated and maintained in accordance with the manufacturer's instructions
and the requirements of this section. In the event of a conflict,
the stricter requirements shall apply.
(c)
If a solid fuel furnace, established subsequent to these regulations,
creates a verifiable nuisance, as defined by local or State law, the
following steps shall be taken to correct or abate such nuisance:
(2)
Existing Furnaces. Outdoor solid fuel furnaces that were installed
prior to the effective date of these provisions may continue to be
operated provided that they meet the following standards:
(a)
All owners/operators of existing units shall apply for a zoning
permit in accordance with the requirements of Paragraph D below within
60 days of the effective date of these provisions. (No fee shall be
charged for such permit.)
(b)
All existing outdoor solid fuel furnaces shall be brought into
compliance with Paragraph C(4) of this section within 90 days of the
effective date of these provisions.
(c)
All existing outdoor furnaces that do not meet the yard or setback
requirements of this section, shall be considered existing nonconforming
structures.
(d)
If an existing solid fuel furnace becomes a verifiable nuisance,
as defined by local or State law, the steps set forth in Paragraph
B(1)(c) shall be taken to correct or abate such nuisance.
C.
Furnace Use and Installation Standards.
(1)
General Regulations.
(a)
All furnaces shall comply with emission standards established
for outdoor solid fuel furnaces by the Environmental Protection Agency
(EPA). All such emission standards currently required by the EPA,
or as may hereafter be amended or modified, are included by reference
in this section.
(b)
Ashes or waste generated by the furnace may be disbursed on
the property where the unit is located, however, all such applications
shall meet the requirements established by the Pennsylvania Department
of Environmental Protection.
(c)
Any person utilizing or maintaining an outdoor solid fuel furnace
shall be responsible for all fire suppression costs and any other
liability resulting from damage caused by a fire.
(d)
Any furnace, whether existing or installed subsequent to the
requirements of this section, that is damaged by more than 50% of
its value, or is physically deteriorated or decayed shall be removed
and/or replaced with a new unit within 60 days of receipt of notice
from the Township. In such event, all provisions of this section including,
but not limited to, setback and chimney height shall be complied with.
(2)
Materials That May Be Burned. Only those items and materials
listed in the manufacturer's owner's manual may be burned in new or
existing outdoor solid fuel furnaces. (See also Paragraph D below.)
(3)
Setback Requirements. All new outdoor solid fuel furnaces shall
be set back in accordance with the following requirements regardless
of the zoning district in which they are to be located.
(a)
All outdoor solid fuel furnaces shall be located on the property
in compliance with the manufacturer's recommendations with respect
to clearance for combustible materials. Due consideration shall also
be given to prevailing wind directions when locating any furnace.
(b)
No outdoor solid fuel furnace shall be located within a required
front yard nor in front of the building to which it is accessory.
(c)
Outdoor solid fuel furnaces shall be set back at least 25 feet
from all side and rear property lines.
(d)
Furnaces shall be located at least 100 feet from any residence
other than the dwelling served by the furnace.
(4)
Chimney Height.
(a)
All outdoor furnaces, whether new or existing, shall have a
minimum chimney height of 20 feet above the average finished grade
of the site upon which the furnace is located.
(b)
Chimney height should be:
1)
At least two feet higher than 50% of the peak of the roof of
any residence located between 100 and 200 feet of the furnace.
2)
At least two feet higher than 25% of the peak of the roof of
any residence located between 201 and 300 feet of the furnace.
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Due consideration shall be given to all applications where irregular
topography causes a roof peak line to be greatly exaggerated.
|
D.
Permit Requirements. After the effective date of these provisions,
no person shall construct, install, establish or maintain any outdoor
solid fuel furnace without first obtaining a zoning permit from the
Township. Applications for permits shall include the following data
and documentation:
(1)
A site plan showing the location of the proposed furnace on
the property, the location and height of all existing buildings or
structures on the property, the distance from the furnace to such
existing buildings or structures, and the distance from the furnace
to residential dwellings on adjacent properties.
(2)
A copy of the manufacturer's owner's manual and/or installation
instructions.
(3)
A list of the materials intended to be burned.
|
No permit shall be given for use of an outdoor solid fuel furnace
until formal inspection of the installation has occurred and the Township
has received the required copy of the unit's owner's manual.
|
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Senior housing complexes may be permitted only in those zoning districts and as specified in Part 3, "District Regulations." Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Old Lycoming Township Subdivision and Land Development Ordinance [Chapter 22].
A.
Minimum Tract Area and Density Requirements. The minimum gross area
required for each tract containing a senior housing complex shall
be as specified in Part 3, "District Regulations." Overall density
for a senior housing complex shall not exceed 12 dwelling units per
acre.
B.
Permitted Dwelling Types. For the purposes of this chapter, senior
housing complexes may be designed as multi-family dwelling structures
(apartment buildings) or as single-family attached dwelling structures
(townhouse units). There shall be no limit on the number of dwelling
units per structure within the complex, provided that the overall
tract density requirements set forth in Paragraph A above are met.
C.
Minimum Tract Width Requirements. The minimum width required for
each senior housing complex shall be as specified in Part 3, "District
Regulations."
D.
Minimum Tract Yard Requirements. The minimum yards required for each
tract containing a senior housing complex shall be as specified in
Part 3, "District Regulations." (See also Paragraph G below.)
E.
Gross Floor Area Requirements. Each dwelling unit located in a senior
housing complex shall contain 750 square feet of gross floor area.
Space set aside within a multi-family dwelling structure for the common
use of all residents may be divided among the total number of dwelling
units in the structure to help achieve the required minimum area.
No individual dwelling unit within such a multi-family dwelling structure
may however contain less than 600 square feet of gross floor area.
F.
Design Standards. The design standards set forth in § 27-407.D(1) through (7), governing planned residential developments, shall also be met for all senior housing complexes. In addition, the standards set forth in § 27-439 I(1) through (3), governing residential cluster developments, shall also apply.
G.
Building Relationships. The building relationship standards set forth
in § 27-407.E(1) through (4), shall also be met for all
senior housing complexes. In addition, the following standards regarding
open space shall also apply.
H.
Common Open Space. For proposals involving 20 or more dwelling units,
a minimum of 5% of the gross tract area shall be reserved by the developer
as common open space for the use of all residents of the complex.
Such open space shall exclude all water, roads, parking areas, structures
or service lanes. Applications for senior housing complexes shall
include a proposal regarding the ultimate ownership and maintenance
responsibilities for all common open space.
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Personal care or nursing homes may be permitted only in those zoning
districts and as specified in Part 3, "District Regulations." All
applications for such uses, whether new construction or a conversion,
shall also meet the requirements outlined below:
A.
The lot upon which the personal care or nursing home is situated
shall meet the minimum area requirements established in the Part 3,
"District Regulations," for the district in which the use is to be
located.
B.
There shall be no more than two persons per bedroom in a personal
care home, and adult supervision shall be provided on a twenty-four-hour
a day basis.
C.
Nursing home facilities shall meet all applicable State regulations.
D.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall meet all requirements
of the Pennsylvania Department of Environmental Protection. In addition,
for the purposes of this chapter, nursing homes shall be served by
public or community sewer facilities.
E.
Evidence shall be provided with the application indicating that all
appropriate State licensing requirements have been met.
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Personal storage warehouses may be permitted only in those zoning districts and as specified in Part 3, "District Regulations." All applications for such uses shall meet the criteria established in § 27-414 of this chapter for retail uses, as well as the standards outlined below:
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Commercial wind energy facilities may be permitted only in those
zoning districts and as specified in Part 3, "District Regulations."
Applications for such uses shall also be subject to the requirements
set forth below, as well as all other applicable State or Federal
regulations.
A.
Purpose and Applicability. The purpose of these regulations is to
provide for the construction and operation, and decommissioning of
commercial wind energy facilities in Old Lycoming Township, subject
to reasonable conditions that will protect the public health, safety
and welfare. The regulations are intended to apply to all new wind
energy facilities to be constructed after the effective date of this
chapter, except personal wind energy facilities as defined herein.
Wind energy facilities constructed prior to the effective date of
this chapter shall not be required to meet the requirements of this
chapter; provided, however, that any physical modification to an existing
wind energy facility that materially alters the size, type and number
of wind turbines or other equipment shall comply with the stated provisions
of this section.
B.
Application and Plan Requirements. Applications for wind energy facilities
shall, at a minimum, include the following information:
(1)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the approximate
generating capacity of the facility; 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.
(2)
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 operation of the facility.
(3)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to the
site of the facility.
(4)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substations, electrical cabling from the facility to the substations,
ancillary equipment, buildings and structures, including permanent
meteorological towers, associated transmission lines, and layout of
all structures within the geographical boundaries of all applicable
setbacks.
(5)
Documents related to decommissioning, including a schedule for
such process and financial security.
(6)
Other relevant studies, reports, certifications and approvals
as may be reasonably required by Old Lycoming Township to ensure compliance
with this section.
C.
Design and Installation.
(1)
Code Requirements and Safety Certifications.
(a)
To the extent applicable, the wind energy facility shall comply
with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as
amended, and the regulations adopted by the Pennsylvania Department
of Labor and Industry. In addition, the applicant shall provide sufficient
documentation showing that the wind energy facility will comply with
all applicable requirements of the Federal Aviation Administration
(FAA) and the Commonwealth Bureau of Aviation.
(b)
The design of the facility shall conform to all applicable industry
standards, including those of the American National Standards Institute.
The applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar
certifying organizations.
(2)
Control and Brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar 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.
(3)
Electrical Components. All electrical components of the wind
energy facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(4)
Visual Appearance; Power Lines.
(a)
Wind energy facilities shall be a non-obtrusive color such as
white, off-white or gray.
(b)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(c)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
(d)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
(5)
Warnings. A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
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.
(6)
Climb Protection/Locks. Wind turbines shall not be climbable
up to 15 feet above ground surface. All access doors to wind turbines
and electrical equipment shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized persons.
D.
Setback Requirements.
(1)
Property Lines. All wind turbines shall be set back from the
nearest property line a distance not less than 1.1 times the turbine
height, as measured from the center of the turbine base.
(2)
Occupied Buildings. Wind turbines shall be set back from the
nearest occupied building a distance not less than 1.1 times the turbine
height, as measured from the center of the turbine base to the nearest
point on the foundation of the occupied building. For occupied buildings
located on a non-participating landowner's property, wind turbines
shall be set back a distance of five times the turbine height, as
measured from the center of the turbine base to the nearest point
on the foundation of the occupied building.
(3)
Public Roads. All wind turbines shall be set back from the nearest
public road a distance of not less than 1.1 times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
E.
Use of Public Roads.
(1)
The applicant shall identify all State and local public roads
to be used within Old Lycoming Township to transport equipment and
parts for construction, operation or maintenance of the wind energy
facility.
F.
Local Emergency Services. The applicant shall provide a copy of the
project summary and site plan to local emergency services providers,
including paid and volunteer fire departments. At the request of such
emergency services providers, the applicant shall cooperate in the
development and implementation of an emergency response plan for the
wind energy facility.
G.
Noise and Shadow Flicker. Audible sound from a wind energy facility
shall not exceed 55 dBA, as measured at the exterior of any occupied
building on a non-participating landowner's property. Methods for
measuring and reporting acoustic emissions from wind turbines and
the wind energy facility shall be equal to or exceed the minimum standards
for precision described in AWEA Standard 2.1 - 1989 titled Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems, Volume I: First Tier. The facility owner
and operator shall make reasonable efforts to minimize shadow flicker
to any occupied building on a non-participating landowner's property.
H.
Signal Interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals, and shall mitigate any harm caused by the wind energy
facility.
I.
Liability Insurance. A current general liability policy (adjusted
annually to the rate of inflation) covering bodily injury and property
damage with limits of at least $1 million per occurrence and $3 million
in the aggregate shall be maintained by the facility owner or operator.
Certificates of insurance shall be provided to the Township as a part
of the applicant's application.
J.
Decommissioning.
(1)
The facility owner or operator shall, at his expense, complete
decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility
or wind turbines. Such facility or wind turbines shall be presumed
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and re-seeded, unless the land
owner requests in writing that the access roads or other land surface
areas not be restored.
(4)
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 Old Lycoming Township after the first year of operation and every
fifth year thereafter.
(5)
The facility owner or operator shall post and maintain decommissioning
funds in an amount equal to the identified decommissioning costs;
provided, that at no point shall decommissioning funds be less than
25% of the decommissioning costs. 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 land owner posting the financial security, provided
that the bonding company or lending institution is authorized to conduct
business within the Commonwealth and is approved by Old Lycoming Township.
(6)
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 Old Lycoming Township.
(7)
If the facility owner or operator fails to complete decommissioning
within the period prescribed by Paragraph J(1) above, then the land
owner shall have six months to complete the decommissioning.
(8)
If neither the facility owner or operator, nor the landowner
complete decommissioning within the periods described by Paragraphs
J(1) and J(7) above, then Old Lycoming Township may take such measures
as necessary to complete decommissioning. The entry into and submission
of evidence of a participating land owner 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.
(9)
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the Township concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Township in order to implement the decommissioning
plan.
K.
Public Inquiries and Complaints. The facility owner and operator
shall maintain a phone number and identify a responsible person for
the public to contact with inquiries and complaints throughout the
life of the project. The facility owner and operator shall make every
reasonable effort to respond to the public's inquiries and complaints.
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Farm-related businesses may be permitted as accessory uses in the
Residential Agriculture District, subject to the following requirements:
A.
For the purposes of this chapter, a farm-related business shall be
defined as an accessory commercial enterprise conducted specifically
on a farm which is related to and/or supportive of an on-going agricultural
operation located on that same property. All such operations shall
remain secondary to the principal agricultural use of the property.
B.
Farm-related businesses shall be conducted entirely within an enclosed
building(s) typical of farm buildings, but may not be located within
the farm residence. All buildings used for farm-related businesses
shall be located in proximity to other farmstead buildings and must
remain compatible with the character of the farm and the rural setting
in which they are located.
C.
The farm-related business must be owned and operated by the individual
who owns and/or resides on the farm where the business is located.
There shall be no more than two nonresident employees engaged in the
business.
D.
The area devoted to production, storage and sales associated with
the farm-related business shall be limited to a total of 2,500 square
feet of gross floor area.
E.
No outdoor, unenclosed storage associated with a farm-related business
shall become a nuisance or create a safety hazard. All such storage
shall meet the requirements set forth in § 27-427.1 of this
chapter.
F.
All signs used to advertise such facilities shall meet the requirements set forth in Part 7 of this chapter.
G.
A minimum of four off-street parking spaces shall be provided for
each farm-related business plus one additional space for each employee.
H.
Farm-related businesses may include, but need not be limited to,
any of the following activities:
(1)
Processing, storage, and/or sale of products raised or produced
on the premises.
(2)
Dairy stores.
(3)
Custom butcher shops.
(4)
Horticultural nurseries, greenhouses, and/or garden shops.
(5)
Feed or seed sales.
(6)
Tack shops or blacksmithing operations.
(7)
Livestock or animal grooming services.
I.
Requests for other farm-related businesses not specified above may
be submitted to the Zoning Hearing Board for consideration. Upon finding
of the Board that such use complies with the criteria of this section,
other applicable codes and ordinances in effect in the Township, and
that the proposed use would not be detrimental to the health, safety
and welfare of the residents of the neighborhood where it is to be
located, such use may be approved.
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5]
1.
Personal wind energy facilities may be permitted as an accessory
use in all zoning districts, but shall be subject to the requirements
outlined below:
A.
Personal wind energy wind turbines shall be set back from all property
lines no less than a distance equal to their height.
B.
No personal wind energy turbine shall exceed a maximum of 60 feet
in height.
C.
All such wind turbines shall have a demonstrated survival wind speed
of 140 miles per hour.
D.
No personal wind energy turbine shall exceed 2.5 kW capacity.
E.
All personal wind energy facilities shall be designed, installed
and inspected in accordance with the requirements of the Pennsylvania
Uniform Construction Code.
F.
The number of personal wind energy turbines permissible per lot shall
be as follows:
|
Lot Size
|
Maximum Number of Turbines
|
|---|---|
|
Less than 1 acre to 5 acres
|
1 turbine
|
|
5+ acres to 10 acres
|
2 turbines
|
|
+ 10 acres
|
3 turbines
|
G.
If a personal wind energy wind turbine is unused or generates no
electricity for a period of 12 consecutive months, the Township may
consider the turbine to be at the end of its useful life and may therefore
instruct the Zoning Officer to issue a notice to the property owner
to dismantle or remove the turbine and associated equipment from the
site.
[Ord. 168, 8/11/1992; as added by Ord. 240, 8/12/2009, Art. 5; and as amended by Ord. 258, 7/10/2012, Art. 2]
1.
The conversion of any dwelling unit so as to accommodate a greater
number of dwelling units or households, or the conversion of a nonresidential
building to accommodate a residential dwelling unit(s) may be permitted
only in those zoning districts and as specified in Part 3, "District
Regulations." All applications for such uses shall meet the requirements
outlined below:
A.
The lot upon which the conversion is located shall meet the minimum
lot area requirements for the zoning district in which it is to be
located.
B.
Conversions may only be authorized for structures which were erected
prior to August 11, 1992. Conversions shall be limited to one building
or structure per lot.
C.
Conversions proposed in the R-A, R-R, R-S, and R-U Districts shall
be limited to three dwelling units, and to a maximum of six dwelling
units in the Commercial District.
D.
All conversion dwelling units shall meet the gross floor area requirements
set forth in § 27-403.D of this chapter.
E.
Sewage facilities must be capable of treating the volume of effluent
anticipated from the conversion. Where connection to a public or community
sewer system cannot be made, certification from the Township Sewage
Enforcement Officer, verifying the acceptability and/or suitability
of an existing sub-surface sewage system or a sewage permit for the
installation of a new system shall be submitted as a part of the application
for such use.
F.
No structural alterations designed to increase the gross floor area
dimensions of the original structure shall be made in order to achieve
the conversion, except as may be necessary to assure adequate emergency
egress is provided or to improve handicapped accessibility.
G.
The yard, off-street parking, and other applicable requirements of
this chapter shall be met.
[Ord. 168, 8/11/1992; as added by Ord. 260, 7/10/2012, Arts. 2 and 3; as amended by Ord. 265, 5/14/2013,
Art. 2; and by Ord. 271, 11/10/2015, Art. 3]
1.
As required by Act 13 of 2012, 58 Pa.C.S.A. § 601.101 et
seq., the regulations of this chapter are intended to allow for the
reasonable development of oil and gas resources in Old Lycoming Township.
It is not the intent of these regulations to be more restrictive on
oil and gas operations than is provided in Act 13 of 2012, or as may
hereafter be amended. In addition to the standards set forth in all
State and Federal regulations pertaining to oil and gas operations,
all such activities proposed in the Township shall meet the standards
outlined below.
A.
Zoning Classifications and General Rules. (See also table at the
end of this section for an illustration of the applicable zoning classifications.)
The following zoning classifications and general rules shall apply
to oil and gas operations proposed to be located in the Township.
(1)
Well and pipeline location assessment operations, including
seismic operations and related activities, conducted in accordance
with all applicable Federal and State laws and regulations relating
to the storage of explosives, shall be permitted throughout the Township,
although a zoning permit shall be required by the Township for these
activities in order to address issues such as, but not limited to,
erosion and sedimentation control and stormwater management.
(2)
Oil and gas operations, other than activities at impoundment
areas, shall be considered as permitted uses in all zoning districts
in the Township, except that in the Residential Rural (RR), Residential
Suburban (RS) and Residential Urban (RU) Zoning Districts, oil and
gas operations shall be prohibited where the well site cannot be placed
so that the wellhead is at least 500 feet from any existing building.
In addition, the following standards shall also apply in the RR, RS
and RU Zoning Districts:
(3)
Impoundment areas used for oil and gas operations shall be considered
as permitted uses in all zoning districts, but must be located at
least 300 feet from any existing building.
(4)
Natural gas compressor stations shall be considered as permitted
uses in the Industrial and Residential Agriculture Zoning Districts
and as conditional uses in all other zoning districts, but shall be
subject to the following standards:
(a)
The structure housing the natural gas compressor station must
be located at least 750 feet from the nearest existing building or
at least 200 feet from the nearest lot line, whichever is greater,
unless written consent is obtained from the owner(s) of the building(s)
or adjoining lot(s).
(b)
The noise level of the compressor station shall not exceed 60
dbA at the nearest property line or the applicable standard imposed
by Federal law, whichever is less.
(c)
The structure housing the natural gas compressor station must
be located at least 200 feet from any body of water, perennial or
intermittent stream, or wetland. This requirement shall not apply
to any required discharge or intake structure of facilities at the
receiving stream or water supply. Ancillary facilities such as offices,
employee parking, and accessory structures shall comply with the setback
requirement.
(5)
Natural gas processing plants shall be considered as a permitted
use in the Industrial (I) Zoning District and as a conditional use
in the Residential Agriculture (RA) District, but shall be subject
to the following standards:
(a)
The structure housing the natural gas processing plant must
be located at least 750 feet from the nearest existing building or
at least 200 feet from the nearest lot line, whichever is greater,
unless written consent is obtained from the owner(s) of the building(s)
or adjoining lot(s).
(b)
The noise level of the natural gas processing plant building
shall not exceed a noise standard of 60 dbA at the nearest property
line or the applicable standard imposed by Federal law, whichever
is less.
(c)
The structure housing the natural gas processing plant must
be located at least 200 feet from any body of water, perennial or
intermittent stream, or wetland. This requirement shall not apply
to any required discharge or intake structure of facilities at the
receiving stream or water supply. Ancillary facilities such as offices,
employee parking, and accessory structures shall comply with the setback
requirement.
(6)
Oil and gas staging areas or facilities shall be considered
as permitted uses in the Industrial (I) District, and as conditional
uses in the Commercial (C) and Interchange Commercial (IC) Districts,
but shall be subject to the following standards:
(a)
Vehicular access to an oil or gas staging area or facility shall
minimize danger to traffic and nuisance to surrounding properties.
All precautions deemed necessary by the Township shall be taken to
prevent potentially noxious, hazardous and nuisance occurrences.
(b)
That portion of the lot intended to be utilized for storage
of equipment or construction materials shall be located no closer
than 25 feet to any adjoining right-of-way or residential property
line.
(d)
The oil and gas staging areas or facilities must be located
at least 200 feet from any body of water, perennial or intermittent
stream, or wetland. This requirement shall not apply to any required
discharge or intake structure of facilities at the receiving stream
or water supply. Ancillary facilities such as offices, employee parking,
and accessory structures shall comply with the setback requirement.
(7)
There shall be no preparation of a well site or drilling of
a well within any identified floodplain in the Township if the site
will have:
(a)
A pit or impoundment containing drilling cuttings, flowback
water, produced water or hazardous materials, chemicals or wastes
within the floodplain.
(b)
A tank containing hazardous materials, chemicals, condensate,
wastes, flowback or produced water within the floodway.
|
In addition, applications for oil and gas operations in an identified
floodplain in the Township shall meet all State requirements for the
protection of waters of the Commonwealth, including any conditions
which may be placed on or waivers approved for such application by
the PA Department of Environmental Protection as part of the State's
permit review process.
|
(8)
No unconventional gas well may be drilled within 1,000 feet,
measured horizontally from the vertical well bore, of any existing
water well, surface water intake, reservoir or other water supply
extraction point in the Township without the written consent of the
applicable water purveyor or unless a variance is granted by the PA
Department of Environmental Protection as part of the State's permit
review process, nor shall any unconventional gas well be drilled within
300 feet of any stream, spring, body of water or wetland greater than
one acre in size.
(9)
Adequate vehicle parking and staging areas for all oil and gas
operations shall be provided on site to prevent parking or staging
on any public road or right-of-way.
B.
Permit Requirements. A zoning permit shall be required prior to the
commencement of any oil and gas operations in the Township. (A modified
zoning permit shall also be required where alterations are proposed
to change the size, type, location, or number of wells, or physically
modify existing buildings or the situs of an existing oil or gas operation.
Like-kind modifications and replacements shall however be exempt from
this requirement.) At the time of application for such a permit, the
applicant shall provide the Township with the following information:
(1)
A narrative providing an overview of the project including the
acreage involved and the number of wells to be drilled on the site.
(2)
A map showing the location of the oil and gas operation and
all permanent improvements to be made to the site.
(3)
A statement that the development will be constructed and operated
in compliance with the provisions of this chapter and all Federal
and State permitting requirements and copies of all such permits issued
at the time of zoning permit submittal, including any DEP permits
and any applicable PennDOT occupancy permits.
(4)
A certificate or evidence satisfactory to the Township that, prior to the commencement of any oil or gas operation, the applicant has accepted and complied with all aspects of Ord. 237, known as the Motor Vehicle Weight Limitation and Bonding Ordinance of Old Lycoming Township [Chapter 15, Part 3] regarding the maintenance and repair of Township roads that are to be used to access the site.
(5)
A site address for the proposed development determined by the
County 9-1-1 addressing program for emergency and safety purposes.
(Such address shall be conspicuously posted at the nearest point of
public access to the site.)
|
Zoning Classifications for Oil and Gas Operations
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Districts
| ||||||||
|
Uses
|
RA
|
RR
|
RS
|
RU
|
C
|
IC
|
I
| |
|
Oil & Gas Operations
|
P
|
P*
|
P*
|
P*
|
P
|
P
|
P
| |
|
Impoundment Areas
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Nat'l Gas Compressor Stations
|
P
|
C
|
C
|
C
|
C
|
C
|
P
| |
|
Nat'l Gas Processing Plants
|
C
|
—
|
—
|
—
|
—
|
—
|
P
| |
|
Water Withdrawal and Water Distribution Facilities**
|
C
|
—
|
—
|
—
|
C
|
C
|
C
| |
|
Oil & Gas Staging Areas
|
—
|
—
|
—
|
—
|
C
|
C
|
P
| |
|
*
|
This use is prohibited in these zones where the well site cannot
be placed so that the wellhead is at least 500 feet from any existing
building.
| |||||||
|
**
|
See standards for this use in § 27-449.
| |||||||
|
NOTE: This table is intended to illustrate the zoning classification of oil and gas uses, by zone, in the Township. For a complete listing of uses provided in the Township see the table of uses in Appendix 27-E or the district regulation charts in Part 3 of this chapter. See also § 27-448.A for additional standards governing oil and gas operations.
| ||||||||
|
Key
RA - Residential Agriculture; RR - Residential Rural; RS - Residential
Suburban; RU - Residential Urban; C - Commercial; IC - Interchange
Commercial; and I - Industrial District
P - Permitted Uses; C - Conditional Uses
| ||||||||
C.
Compliance with Local, State, and Federal Laws and Regulations. All
proposed oil and gas projects shall comply with all applicable local,
State and Federal laws and regulations. No zoning permit shall be
issued until such time as the applicant provides evidence of compliance
with State and Federal laws and regulations.
[Ord. 168, 8/11/1992; as added by Ord. 265, 5/14/2013, Art. 3]
1.
Water withdrawal and water distribution facilities shall be considered
as conditional uses in the Commercial (C), Interchange Commercial
(I-C), Industrial (I), and Residential Agriculture (R-A) Zoning Districts,
but shall be subject to the following standards:
A.
The water withdrawal facility must be located at least 750 feet from
the nearest existing building or at least 200 feet from the nearest
lot line, whichever is greater, unless written consent is obtained
from the owner(s) of the building(s) or adjoining lot(s).
B.
The water withdrawal facility shall be subject to all provisions
of the applicant's approved water management plan and all conditions
and requirements imposed by the Susquehanna River Basin Commission
(SRBC) and the PA Department of Environmental Protection (DEP) as
part of the State's plan and permit review process.
C.
The water withdrawal facility shall submit to the Township copies
of all documents issued by the SRBC or the DEP, as well as copies
of any and all reports associated with the operation that are required
to be reported to the SRBC or the DEP.
D.
Adequate vehicle parking and staging areas shall be provided on site
to prevent parking or staging on any public road or right-of-way.
E.
The applicant shall provide all other necessary information to enable
the Township to assess the impact of the proposed facility on the
environment, the community, and on public health, safety, and welfare.
The Township's findings based on this information shall constitute
a basis for establishing approval conditions in accordance with § 603(c)(2)
of the Pennsylvania Municipalities Planning Code.
