Township of Ferguson, PA Part 4 OVERLAYS

§ 27-401 Corridor Overlay District Requirements.

[Ord. No. 1049, 11/18/2019; Ord. No. 1076, 3/15/2022; Ord. No. 1097, 4/16/2024]

1. The Corridor Overlay District requirements are intended to provide land use and land development controls along specified corridors in the Township as an overlay that is supplemental to the underlying zoning district regulations. If a conflict exists between the regulations of this section and the underlying zoning district regulations, the more restrictive section requirements shall apply. All land designated herein as part of the Corridor Overlay District shall be subject to the requirements of this section regardless of within which zoning district said land or structure is located.

A. Intent. It is the intent of the requirements of the Corridor Overlay District to promote safe and efficient use of the Township's main corridors as well as to protect the aesthetic and visual character of the lands adjacent to them; and

(1) To encourage and ensure safe ingress and egress from existing and proposed development along main transportation corridors, to maintain adequate roadway capacity and lessen or prevent traffic congestion.

(2) To encourage development consistent with the Centre Region Comprehensive Plan (as amended).

(3) To discourage unlimited commercial strip development and curb cuts along streets and highways and encourage land development to occur in nodes and activity centers utilizing shared or controlled access points.

(4) To establish a consistent pattern of setbacks, screening, lighting and signage throughout the corridor.

B. Delineation of Corridor Overlay District.

(1) The Corridor Overlay District requirements shall be applied along West College Avenue from the Blue Course Drive to the intersection with Scott Road.

(a) From the intersection with Scott Road to the intersection with Blue Course Drive, the Corridor Overlay District area shall be a combination of property lines not to exceed a distance of 660 feet as measured from the center line of West College Avenue, on each side for a total of 1,320 feet.

(b) The boundary of this portion of the Corridor Overlay District shall be illustrated on the officially adopted Zoning Map of Ferguson Township.

(2) The Corridor Overlay District requirements shall be applied along Blue Course Drive from Westerly Parkway to its intersection with North Atherton Street.

(a) From the intersection with Westerly Parkway to the intersection with West College Avenue, the Corridor Overlay District shall be a combination of property lines not to exceed a distance of 440 feet as measured from the center line of Blue Course Drive on each side, for a total of 880 feet. The Corridor Overlay District shall not overlap with the West College Neighborhood Zoning District at the Blue Course Drive intersection with West College Avenue.

(b) From the intersection with West College Avenue to the intersection with Circleville Road, the Corridor Overlay District shall be a combination of property lines not to exceed a distance of 660 feet as measured from the center line of Blue Course Drive on the eastern side of Blue Course Drive, not to overlap with the Traditional Town Development Zoning District.

(c) From the intersection with Circleville Road to the intersection with North Atherton Street, the Corridor Overlay District shall be a combination of property lines not to exceed a distance of 660 feet as measured from the center line of Clinton Avenue, on each side for a total of 1,320 feet.

(3) The Corridor Overlay District requirements shall be applied along Science Park Road from its intersection with Circleville Road, inclusive of the Science Park extension, to its intersection with West College Avenue.

(a) The Corridor Overlay District shall be a combination of property lines not to exceed a distance of 660 feet as measured from the center line of Science Park Road, on each side for a total of 1,320 feet.

(b) The boundary of this portion of the Corridor Overlay District shall be illustrated on the Official Zoning Map.

(4) The Corridor Overlay District Requirements shall be applied along Old Gatesburg Road from Foxpointe Drive to Science Park Road.

(a) From the intersection with Foxpointe Drive to the intersection with Science Park Road, the Corridor Overlay District shall be a combination of property lines not to exceed a distance of 440 feet as measured from the center line of Old Gatesburg Road, on each side for a total of 880 feet.

(b) The boundary of this portion of the Corridor Overlay District shall be illustrated on the Official Zoning Map.

(5) The corridor streets shall be defined as above, including West College Avenue (PA Route 26) from Scott Road to Blue Course Drive, Science Park Road, Old Gatesburg Road from Foxpointe Drive to Science Park Road and Blue Course Drive from Westerly Parkway to Atherton Street not to overlap the Terraced Streetscape District or the Traditional Town Development District.

(6) Lots on which the sole existing use is single-family or two-family residential shall be exempt from all subsections of this section with the exception of § 27-401, Subsection 1D, which pertains to vehicular access. Any new development or changes in use, including residential, shall comply with this chapter.

C. District Regulations. All uses shall conform to the lot, yard setback and height regulations stipulated herein, as well as other appropriate requirements of this section and chapter.

(1) Minimum lot width shall be in accordance with the underlying zoning district.

(2) Minimum Yard Setbacks.

(a) Setbacks shall be 50 feet measured from the right-of-way line when abutting a corridor street. Corridor street front yard setbacks may be reduced by not more than 10 feet at its corner lots, to become a forty-foot setback, when the only access to the site is provided from a collector or subcollector access road. If the property is a corner lot or a double frontage lot, the fifty-foot setback shall apply to all sides of the property which abut a corridor street. No parking or buildings are permitted within the fifty-foot setback from the corridor street.

(b) If a property is located within the General Commercial Zoning District the setback may be 40 feet measured from the right-of-way line when abutting a corridor street. No parking or buildings are permitted within the forty-foot setback from the corridor street. Even when the only access to the corridor street is provided from a collector or subcollector access road, the setback abutting the corridor street may not be reduced to less than 40 feet.

(c) Setbacks for yards which do not abut a corridor street shall be in accordance with the underlying zoning district.

(d) Rear yard setbacks as designated in the underlying zoning may be reduced up to 10 feet when the designated rear yard does not abut a corridor street.

(3) Maximum Building Height. Any building may exceed the underlying zoning district maximum height by a ratio of one foot or fraction thereof for each additional two feet or fraction thereof of building setback which is provided from the corridor ratio of 1:2 (example: an increase of five feet in height equals an increase of 10 feet of the setback from the corridor).

D. Vehicular Access.

(1) Vehicular access for lot abutting corridor streets shall be provided in the hierarchy as follows:

(a) First, access to the lot shall be through collector, subcollector or residential access streets with limited access from the corridor street. When the only available access to the lot(s) is from the corridor street then the provisions of this subsection shall not apply.

(b) Second, if feasible and in the best interest of traffic operations, access shall be provided through an existing shared common driveway which serves the adjacent lot or lots.

(c) Third, by means of access points directly onto the corridor street which existed prior to the enactment of this section, provided that at the time of land development a reduction of multiple access points is to occur with approval of the Township and/or PennDOT when more than one access is not in the best interest of acceptable traffic operations and practices.

(d) Fourth, when the only available access to a lot is from the corridor street, access shall be limited to not more than one driveway for the first 300 feet of frontage and one driveway for each additional 300 feet of frontage, unless only one access is not in the best interest of acceptable traffic operations.

(2) When multiple drive-up window services/businesses are located on one lot, shared access to the corridor street shall be required.

(3) Pedestrian and Bicycle Access. Pedestrian access between adjacent lots and individual businesses within a development shall be provided. Access to bike path rights-of-way, if adjacent to a lot, shall be provided via a paved connection no less than 10 feet in width and integrated into the land development plan. Interior circulation design shall incorporate safe separation of pedestrian, bicycle and vehicular traffic. Vehicle overhang shall be separated by a minimum of five feet of landscaping when off-street parking is located adjacent to pedestrian and bicycle access. In addition, walkways shall be provided to related properties located across a street. Determination of walkway locations shall be made by Township staff.

(4) Transit Amenities. If deemed appropriate by Township staff, a public transit area(s) shall be provided at the site. Each public transit area shall include a bus stop pad area, covered shelter and connecting walkways. The design, location and extent of these facilities shall be based on ADA (American with Disabilities Act[1]) standards along with review comments from CATA (Centre Area Transportation Authority), Township staff and the land developer/consultant.

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

E. Landscaping Requirements to Apply. Any site located within the Corridor Overlay District shall comply with the landscaped buffer yard requirements set forth in Ch. 22, Subdivision and Land Development.

F. Off-Street Parking. Off-street parking, storage or display of products shall not be permitted in the required fifty-foot setback along a corridor street. To the extent feasible, off-street parking shall be shared with adjacent lots through off-street access.

G. Building Appearance. All buildings located within the Corridor Overlay District that have sides and walls visible from all existing or proposed public rights-of-way are to be covered with the same materials as are used on the designated front of the building. "Visible" is determined by anyone (as represented by the Township Zoning Administrator) that is either a pedestrian and/or passenger or driver of an average size vehicle on the corridor street or on side assess streets. The elevation requirements of the land development plan section are applicable to the sides of the building facing the corridor street. Rooftop mechanical systems shall be screened by fencing or other means at least 3/4 the height of the system.

H. Signage. Ground signage in the Corridor Overlay District shall be installed in accordance with the Sign Ordinance (Chapter 19) and applied to all uses. The ground pole shall not exceed 10 feet above grade except that the sign height is permitted to be an additional three feet higher with a landscaped base elevated with each mounding up to three feet tall. The placement of building-mounted signs is permissible in accordance with the applicable sections of the Sign Ordinance (Chapter 19) for the relevant use.

I. Utilities. All new development along the Western Inner Loop and Old Gatesburg Road from Science Park Road to Blue Course Drive (Western Inner Loop) is required to provide underground utility (electric, telephone, cable) service.

J. Lighting. All lighting shall be in accordance with the Township's Lighting Ordinance (Chapter 4, Part 1):

(1) The maximum height of the light fixture shall be 25 feet.

(2) Any outdoor lighting fixture newly installed or replaced shall be shielded so it does not produce a strong, direct light over adjacent property boundaries or produce a glare to motorists along the arterial corridor.

§ 27-402 Ridge Overlay District Requirements.

[Ord. No. 1049, 11/18/2019]

1. The Ridge Overlay District requirements are intended to provide land use and land use development controls along specified ridge corridors in the Township as an overlay that is supplemental to the underlying Rural Residential Zoning District regulations. If a conflict exists between the regulations of this section and the underlying Rural Residential Zoning District regulations, the more restrictive requirements shall apply:

A. Intent. Many of the soils present in the overlay zone, including some of those identified as colluvial, are rated by the Soil Survey of Centre County as having severe limitations for uses such as septic tank absorption fields, dwellings with basements, and local roads and streets. The Soil Survey, prepared by the United States Department of Agriculture Soil Conservation Service, indicates that a rating of severe means "soil properties are so unfavorable and so difficult to correct or overcome as to require major soil reclamation, special designs, or intensive maintenance." The limitations associated with the colluvial soils include a seasonal high-water table, fragipan, soil stability, steep slopes, slow permeability, large stones, and frost action. It is the intent of the Ridge Overlay District requirements set forth hereinafter to restrict the intensity of development on areas containing a predominance of colluvial soils with severe limitations, and 1) to identify the location of the most severe soil areas where development is not appropriate; 2) to minimize the potential for damage from erosion, sedimentation and flooding; 3) to protect the property of the Township and future homeowners from adverse conditions; and 4) to protect and retain natural resources, especially surface water and groundwater resources within the Township.

B. Delineation of Ridge Overlay District. The Ridge Overlay District requirements shall be applied in the areas depicted on the officially adopted Zoning Map of Ferguson Township.

C. Criteria for Subdivision or Erection of Structures in Ridge Overlay District. The following criteria will determine the ability to, and establish the process for, the subdivision of land or erection of a habitable structure in the Ridge Overlay Zoning District.

(1) Soils. No land disturbance which would involve the construction of a habitable structure, the installation of a paved driveway, or construction of roads which are used for access to a dwelling unit or units may occur on Andover, Buchanan, Laidig or other soils defined as colluvial by the Centre County Soil Survey and/or NRCS digital soil survey, other than in accordance with the provisions of § 27-402, Subsection 1C(2) through (10) below, or through the conditional use process provided for in paragraphs § 27-402, Subsection 1D through G which follow.

(a) Although the Centre County Soil Survey may be used as a resource, extensive on-site soils investigation and testing will be required to determine the actual soil distribution on each site. Any property or site within the overlay district mapped with or potentially containing severely rated colluvial soils, or inclusions thereof, must be evaluated prior to being permitted for the land disturbance activities noted above. In order to accomplish the soils evaluation work, the developer must meet with the Township's Engineer to determine, at a minimum, the location, number and type of soil test pits that will provide a representative sample of the soils present within the area intended to be disturbed, Consensus on the number of test pits will be reached based on the landowner's development intentions, soil mapping units delineated in the Centre County Soil Survey and/or the NRCS digital soil survey, the location of natural features on the site, and any previous soil test results. This will provide the data necessary to prepare a detailed soils map of the site that will allow the applicant to determine the potential to provide roads, driveways and/or structures in accordance with these regulations. The purpose of requiring testing of each parcel is to allow for consideration of the variety of property sizes, the location of salient natural features, and the full range of permitted development options. For those properties or sites where the above required soils investigation definitively indicates that the proposed land disturbance activities will not be impacted by the location of colluvial soils, the remainder of the requirements of this district shall not be applicable.

1) No excavation or fill that will cause any slope to become unstable; impose loads that may affect the safety of structures or slopes; interfere with adequate drainage for the site area and the drainage area of land tributary to the site; obstruct, damage, or adversely affect existing sewerage or drainage; cause a stagnant pond of water to form; or cause erosion or sedimentation shall be permitted.

(2) Soils Mapping and Report. The actual testing and report preparation must be completed by a qualified soil scientist or registered professional geologist with the appropriate experience in soil science interpretation, subject to approval by the Township Engineer. The results must then be submitted for review and approval by the Township's Engineer. This municipal review will determine the adequacy of the testing as well as the development potential/buildable area of the parcel. It is recommended that the need for any federal and state permits be investigated, and that such permits be obtained, prior to moving forward with any development plans.

(3) Drainageway/Watercourse. No land disturbance which would involve the construction of a habitable structure or the installation of a paved driveway or construction of a road or roads which are used for access to a dwelling unit or units may occur within 100 feet of a defined drainageway. Some drainageways may have the capacity to carry substantially more runoff than others. Therefore, the required separation distance may be reduced as the result of a hydrological analysis of the characteristics of each specific site and/or the issuance of appropriate state or federal permits associated with the proposed development activity.

(4) Floodplain. No land disturbance which would involve the construction of habitable structures or the installation of paved driveways or construction of a road or roads which are used for access to a dwelling unit or units may occur within 100 feet of the edge of a floodplain or the floodplain conservation district as defined by the flood hazard boundary map for Ferguson Township prepared by the Federal Insurance Administration, Federal Emergency Management Agency. This distance may be reduced for areas where there is a minimum 5% rise between the edge of the floodplain and the area of earth disturbance, Where such reduction in distance is desired, information shall be provided during the conditional use hearing to assure that an adequate separation has been provided.

(5) Septic System Approval. As part of the soils testing for the entire site, the testing for septic systems must be accomplished. The septic systems must be approved by the Township's Sewage Enforcement Officer in conformity with the rules, policies, regulations and specifications of the Department of Environmental Protection (DEP).

(6) Sinkholes. No land disturbance which would involve the construction of habitable structures or the installation of paved driveways or construction of a road or roads which are used for access to a dwelling unit or units may occur within 50 feet of the edge of a sinkhole. If there is a drainage path leading to the sinkhole, a minimum of 50 feet on all sides of the drainage channel shall be protected.

(7) Slope. No land disturbance which would involve the construction of habitable structures or the installation of paved driveways or construction of a road or roads which are used for access to a dwelling unit or units shall occur within 100 feet down grade of any area with a slope of 20% or more that is primarily comprised of colluvial soils.

(8) Springs. No land disturbance which involves the construction of habitable structures, the installation of paved driveways and/or construction of a road or roads which are used for access to a dwelling unit or units may occur within 100 feet of a defined spring. This required separation distance may be reduced as the result of a hydrological analysis of the characteristics of each specific site and/or the issuance of appropriate state or federal permits associated with the proposed development activity.

(9) Wetlands. No land disturbance which would involve the construction of habitable structures, the installation of paved driveways and/or construction of a road or roads which are used for access to a dwelling unit or units may occur within 50 feet of the edge of a defined wetland area as established by this chapter, DEP, and/or the Army Corps of Engineers. This distance may be reduced, if necessary; when the appropriate permits from these state and federal agencies are obtained. Where such reduction in separation distance is desired, information shall be submitted during the conditional use hearing that substantiates the need to reduce the separation distance as well as the endorsement of the permitting agencies.

(10) Subdivision. No new building lots may be created after the date of enactment of this section which do not encompass sufficient buildable area to comply with the applicable provisions of § 27-402, Subsection 1C(3) through (9). The buildable area shall be considered the same as the area of potential land disturbance and includes the footprint of the structure, the access, and the on-lot disposal system (OLDS) as well as suitable land necessary to accommodate the required OLDS replacement area. The subdivision plan for any lots which are created must identify the location of all colluvial soils within the proposed lot, as well as delineating that portion of the lot which encompasses the buildable area. In addition, a note must be placed on the plan which will alert future homeowners to the potential for sinkholes, flooding and drainage issues, as well as the possibility for development of the lot to require special design or construction considerations to mitigate the limitations imposed by the soils, Where sinkholes are included on acreage designated as part of a newly subdivided lot, it is recommended that such areas be fenced for safety.

(11) Existing wooded areas shall be protected to prevent unnecessary destruction or removal of healthy trees with a minimum trunk caliper of five inches at six inches above ground. Where development is authorized in accordance with Subsection 1C(2) through (10) above, or through the conditional use process provided for in Subsection 1D through G below, at least 40% of healthy trees on the site shall be maintained or replaced immediately following construction. Replacement trees shall be native species to Pennsylvania and shall have a minimum trunk caliper of two inches at a height of six inches above finished grade. Where significant removal of trees within an existing wooded area is anticipated, plans shall be required to be provided during the conditional use process so as to demonstrate conformance with these criteria.

D. Conditional Use Requirements for Land Accessed Across Colluvial Soils. In many cases, access to an area that is developable may not be possible without crossing colluvial soils. In such cases, the Board of Supervisors may grant a conditional use to cross the colluvial soils if the following conditions can be satisfied:

(1) Access is not practical from another direction.

(2) Low impact driveway or roadway design, in accordance with the associated PennDOT or other recognized standards acceptable to the Township Engineer, is used.

(3) The proposed location and design of the access provides the least practicable disturbance to the colluvial soils in the area.

(4) The access is located in conformance with the setback restrictions associated with wetlands, floodplains, sinkholes, springs, drainageways, and watercourses as referenced above or, where such setbacks cannot be met, evidence that the location and design of the access is not adversely impacted by its proximity to such features is provided. The sufficiency of evidence submitted shall be determined by the Board of Supervisors depending on the specifics of each request.

E. Conditional Use Criteria for Existing Structures. Where existing structures are located either wholly or in part on colluvial soils, the Board of Supervisors may grant a conditional use to modify, expand, or otherwise alter the structure (whether or not such construction would also be located on areas of colluvial soils) if the following conditions can be met:

(1) Certification as to the stability/structural integrity of the existing structure is provided by a licensed, professional engineer registered in the state of Pennsylvania.

(2) The proposed location and design of the expansion, alteration or modification provides the least practicable disturbance to the colluvial soils in the area.

(3) The design of the proposed structure modification has been engineered to overcome the limiting properties of the soils by a licensed, professional engineer registered in the Commonwealth of Pennsylvania.

(4) Any increased maintenance required to ensure the longevity of structural integrity of the design is identified and a written maintenance plan is provided. A report from the design engineer shall be provided to establish the necessity of regular or specific maintenance.

(5) The construction is in conformity with the setback restrictions associated with wetlands, floodplains, sinkholes, springs, drainageways, and watercourses as referenced above or, where such setbacks cannot be met, evidence that the location and design of the proposed construction is not adversely impacted by its proximity to such features is provided. The sufficiency of evidence submitted shall be determined by the Board of Supervisors depending on the specifics of each request.

(6) The applicant shall provide a hold harmless agreement and indemnification in favor of the Township for any damage that may occur to the structure or any other private property as a result of the presence of colluvial soils.

F. Conditional Use Criteria For Single-Family Dwelling. Where a landowner desires to construct a single-family dwelling unit on an existing lot that, as a result of these restrictions contains little or no buildable area, the Board of Supervisors may grant a conditional use if the landowner can establish the following:

(1) The property existed and was acquired prior to the date of enactment of this section.

(2) There are no dwelling units currently existing on the site.

(3) Neither the area of land disturbance (which shall include the footprint of the structure, the access, and the primary OLDS) nor the impervious coverage shall exceed 50,000 square feet.

(4) The proposed location and design of the dwelling unit and access provide the least practicable disturbance to the colluvial soils in the area.

(5) The proposal is consistent with the lot size requirement specified for the Rural Residential Zoning District.

(6) The design of the proposed structure has been engineered to overcome the limiting properties of the soils by a licensed, professional engineer registered in the Commonwealth of Pennsylvania.

(7) Any increased maintenance required to ensure the longevity of the structural integrity of the dwelling unit is identified and a written maintenance plan is provided. A report from the design engineer shall be provided to establish the necessity of regular or specific maintenance.

(8) The proposed construction will occur in conformance with the setback restrictions associated with wetlands, floodplains, sinkholes, springs, drainageways, and watercourses as referenced above or, where such setbacks cannot be met, evidence that the location of such construction is not adversely impacted by its proximity to such features is provided. The sufficiency of evidence submitted shall be determined by the Board of Supervisors depending on the specifics of each request.

(9) The applicant shall provide a hold harmless agreement and indemnification in favor of the Township for any damage that may occur to the structure or any other private property as a result of the presence of colluvial soils.

G. Conditional Use Criteria Where Restrictions Eliminate All Development Potential on Existing Lots. Where the land disturbance restrictions of this section result in the elimination of all development potential for lots existing as of the date of the enactment of this section, the Board of Supervisors may grant a conditional use to allow the following uses as permitted in the underlying Rural Residential Zoning District: 1) forestry uses; 2) private passive park and recreational areas that do not include any habitable structures; 3) horticultural and agricultural uses related to the tilling of the land, the raising and propagation of crops, trees, shrubs, flowers, fruits and vegetables, and other plant materials; or 4) public or private conservation areas for the conservation of open space, water soil, and wildlife resources; subject to the following conditions:

(1) The proposal is consistent with the lot size and bulk regulations as specified in the Rural Residential District.

(2) The proposed use provides the least practicable disturbance to the colluvial soils in the area.

(3) All resultant land disturbance conforms to the associated setback restrictions as referenced above or, where such setbacks cannot be met, evidence that the location of such disturbance is not adversely impacted by its proximity to such features is provided. The sufficiency of evidence submitted shall be determined by the Board of Supervisors depending on the specifics of each request.

§ 27-403 Riparian Buffer Overlay Zoning District Requirements.

[Ord. No. 1049, 11/18/2019]

1. Legislative Intent.

A. Under the authority of Article I, Section 27, of the Pennsylvania Constitution, Act 247, the Municipalities Planning Code, as amended, other commonwealth and federal statutes, and in recognition of the fact that natural features contribute to the welfare of residents, the following riparian buffer regulations are enacted to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing a designated Riparian Buffer Overlay Zoning District.

B. Ferguson Township adoption of these regulations does not grant public access to private property. Any grant of public access remains the prerogative of each individual property owner.

C. The Riparian Buffer Overlay Zoning District ordinance, upon adoption, shall apply to all subdivisions, land developments or redevelopment of existing properties or any other improvements that require subdivision or land development plan submission if they are within or touch the Riparian Buffer Overlay Zoning District within Ferguson Township.

D. Any required riparian buffer preservation and maintenance shall remain the sole responsibility of each individual property owner or as otherwise stipulated by the Ferguson Township Stormwater Management Ordinance.[1]

[1] Editor's Note: See Ch. 26, Stormwater Management.

E. In addition, the specific purposes and intent of this section are to:

(1) Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, prime wildlife habitats).

(2) Work with floodplain, steep slope, and other municipal ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and important riparian features.

(3) Conserve natural, scenic and recreation areas within and adjacent to riparian areas for the Centre Region's benefit.

(4) Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically proven processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by stabilizing. Further, to minimize concentrated flows through the use of level spreaders and/or similar stormwater management devices used to disburse concentrated flow uniformly over the ground as sheet flow.

(5) Improve and maintain the safety, reliability, and adequacy of the Centre Region's water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic plants and animals.

(6) Regulate the land use, siting, and engineering of development to be consistent with the intent and objectives of this section and accepted conservation practices, as well assure that the impacts of such development remain within the carrying capacity of existing natural resources.

(7) Assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically erosion control, of the Pennsylvania Clean Streams Law,[2] Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Centre County Conservation District.

[2] Editor's Note: See 35 P.S. § 691.1 et seq.

2. Definition, Establishment, Width Determination, Applicability, and Interpretation.

A. Definition.

(1) The Riparian Buffer Overlay is a zoning district consisting of areas surrounding swales, creeks, streams, water bodies, intermittent watercourses and delineated wetlands as well as those encountered during subdivision and land development. These areas intercept surface water runoff, subsurface flow, and deep groundwater flows from upland sources and remove or buffer the impact of nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters.

B. Establishment.

(1) The establishment of a Riparian Buffer Overlay Zoning District applies to the following areas which are identified on the officially adopted Zoning Map of Ferguson Township:

(a) Lands adjacent to streams within Ferguson Township.

(b) Lands adjacent to intermittent watercourses within Ferguson Township.

(c) Lands, water bodies and wetlands as regulated by state and/or federal designation.

(d) Similar land and/or water to those outlined above as encountered during the process of subdivision and land development within Ferguson Township.

C. Width Determination.

(1) The Riparian Buffer Overlay Zoning District shall extend a minimum total width of 100 feet from each edge of any perennial watercourse or surface water body, or shall equal the extent of the 100-year floodplain, whichever is greater. Where the edge of waterway of an intermittent watercourse cannot be determined, the width of the Buffer Overlay Zoning District shall be measured beginning from the center line of the channel. The district may consist of two distinct zones designated as:

(a) Zone One.

1) This zone will begin at the edge of the waterway (including wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the waterway. Where a defined bed and bank exist, the edge shall be established based on bank full flow. The width of Zone One may be required to extend beyond the minimum 35 feet depending upon existing topography, woodlands, and other natural conditions. This determination will be made by the Township Arborist and/or Township Zoning Administrator.

2) Where slopes of 15% or greater are located within the thirty-five-foot Zone One, this zone shall extend the entire distance of the steep sloped area. If the distance of this sloped area is greater than 100 feet, there will be no requirement for the establishment of additional buffer area designated as Zone Two. If the distance is less than 100 feet, but greater than 35 feet, the sixty-five-foot wide Zone Two will begin at the end of Zone One.

(b) Zone Two. This zone will begin at the outer edge of Zone One and occupy a minimum width of 65 feet in addition to Zone One (unless otherwise noted).

1) Where the floodplain extends greater than 100 feet from the waterway, Zone One shall remain a minimum of 35 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the defined 100-year floodplain.

2) As per § 27-701, Subsection 3I of this chapter, an additional fifty-foot buffer shall be provided between the edge of a FEMA-defined floodplain and any proposed use on the site. The land within this 50 feet shall remain in its natural condition.

(2) The Overlay Zoning District shall also include a minimum buffer width of 50 feet around the entire perimeter of the outer edge of wetlands and water bodies greater than 5,000 square feet in area and not located along a stream.

D. Applicability. The provisions of this section shall apply as follows:

(1) The developer/applicant shall be responsible for identifying the location of the Riparian Buffer Overlay Zoning District boundary on any plan that is submitted to Ferguson Township for the following:

(a) Subdivision, land development or redevelopment. [See § 27-403, Subsection 2H(1)(a).]

(b) Approval for improvements that require a zoning and building permit. [See § 27-403, Subsection 2H(1)(b).] Although mitigation may not be required for such activity, the boundary must still be delineated.

1) In the overlay district, such permit shall only be required when construction or erection of any structure(s) within or touching the Riparian Buffer Overlay Zones of Ferguson Township is located on the ground or attached to something on the ground and is greater than 144 square feet in size.

(2) This initial delineation of the overlay district boundary shall be subject to review and approval by the Ferguson Township Zoning Administrator and/or Engineer.

(3) These requirements shall not apply to any existing (as of May 18, 2009) primary or accessory buildings or to any of the following: agricultural uses, transportation facilities, fences, lawns, gardens, utility lines, decks and piers, or to interior renovations, septic and essential services.

E. Interpretation of Ordinance Provisions. In interpreting the language of the Riparian Buffer Overlay District and the extent of underlying zoning district regulation upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to municipal interpretation of the applicability of the Riparian Buffer Overlay Zoning District shall be appealed in accordance with the requirements outlined § 27-403, Subsection 2K, Boundary Interpretation and Appeals Procedure, and Article IX, Zoning Hearing Board and Other Administrative Proceedings, of the Municipalities Planning Code (MPC), Act 247, as amended.[3]

[3] Editor's Note: See 53 P.S. § 10901 et seq.

F. Uses Permitted in the Riparian Buffer Overlay District. The following uses are permitted, either by right or as a conditional use, in the Riparian Buffer Overlay Zoning District. (NOTE: Within any riparian buffer, no construction, development, use, activity or encroachment shall be permitted unless the activity has been first authorized by the Township Zoning Administrator.)

(1) Zone One.

(a) Uses Permitted by Right. The following uses where permitted in the underlying zoning district shall be permitted to extend into the area defined as Zone One:

1) Agricultural activities.

2) Forestry uses with a Centre County Conservation District approved erosion and sedimentation control plan and in accordance with the best management practices for forestry found in the Pennsylvania Department of Environmental Protection's Chapter 93, Water Quality Standards.

3) Removal of trees where such removal is necessary as a means to eliminate dead, diseased or hazardous stands of trees that jeopardize public safety, provided that such removal is in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan[4] and in accordance with the best management practices for forestry found in the Pennsylvania Department of Environmental Protection's Chapter 93, Water Quality Standards.

[4] Editor's Note: Said appendix is included as an attachment to this chapter.

4) Required Yards. The required setback area may incorporate a portion of the zoning overlay; however, at least 1/2 of each required front, side or rear yards on any private lots shall be entirely outside of the Riparian Buffer Overlay District.

5) Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands and native planting and reforestation in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan.[5]

[5] Editor's Note: Said appendix is included as an attachment to this chapter.

6) Stream bank stabilization and/or recommended native tree reforestation, in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan.[6]

[6] Editor's Note: Said appendix is included as an attachment to this chapter.

7) Stream crossings for farm vehicles and/or livestock if part of a federal, state and/or privately funded Centre County Conservation District and/or local nonprofit riparian buffer improvement project.

8) Placement of research and monitoring devices such as staff gauges, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.

(b) Uses Permitted by Conditional Use. The following uses, when permitted in the underlying zoning district, shall be permitted to occupy land within Zone One after receipt of conditional use approval:

1) New stream crossings for roads, railroads, centralized sewer and/or water lines and public utility transmission lines and/or their related appurtenances (i.e., towers, well houses, pump and lift stations), provided that they are:

2) Designed and installed in accordance with the stream crossing standards of this section.

3) All disturbance must be mitigated at a ratio of 1:1 for each square foot of disturbance and must follow the recommendations for improvements identified in § 27-403, Subsection 2H and Appendix C, Riparian Buffer Management Plan.[7] When feasible, these lines shall be located as far from Zone One as practical.

[7] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) Zone Two.

(a) Uses Permitted by Right. The following uses, where permitted in the underlying zoning, shall be permitted to extend into the area defined as Zone Two:

1) Agricultural activities.

2) Forestry uses with a Centre County Conservation District approved erosion and sedimentation control plan and in accordance with the best management practices for forestry found in the Pennsylvania Department of Environmental Protection's Chapter 93, Water Quality Standards.

3) Removal of trees where such removal is necessary as a means to eliminate dead, diseased or hazardous stands of trees that jeopardize public safety, provided that such removal is in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan,[8] and in accordance with the best management practices for forestry found in the Pennsylvania Department of Environmental Protection's Chapter 93, Water Quality Standards.

[8] Editor's Note: Said appendix is included as an attachment to this chapter.

4) Required Yards. The required setback area may incorporate a portion of the zoning overlay; however, at least 1/2 of each required front, side or rear yards on any private lots shall be entirely outside of the Riparian Buffer Overlay District.

5) Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands and native planting and reforestation in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan.[9]

[9] Editor's Note: Said appendix is included as an attachment to this chapter.

6) Stream bank stabilization and/or recommended native tree reforestation, in compliance with the recommendations of this section and Appendix C, Riparian Buffer Management Plan.[10]

[10] Editor's Note: Said appendix is included as an attachment to this chapter.

7) Stream crossings for farm vehicles and/or livestock, if part of a federal, state and/or privately funded Centre County Conservation District and/or local nonprofit riparian buffer improvement project.

8) Placement of research and monitoring devices such as staff gauges, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.

(b) Uses Permitted by Conditional Use. The following uses, when permitted in the underlying zoning district, shall be permitted to occupy land within Zone Two after receipt of conditional use approval:

1) Passive use areas such as camps, campgrounds and picnic areas. Active recreation areas such as ball fields, playgrounds and courts. These uses shall be designed in a manner that will not create concentrated stormwater flow; subject to any other conditions as imposed by the Board of Supervisors. The use of level spreaders or similar devices may be required.

2) Naturalized stormwater basins in compliance with the recommendations for improvements identified in this section and Appendix C, Riparian Buffer Management Plan.[11] The entire basin shall be located a minimum of 50 feet from the edge of any identified watercourse or water body, subject to any other conditions imposed by the Board of Supervisors.

[11] Editor's Note: Said appendix is included as an attachment to this chapter.

3) Level spreaders or other similar stormwater structures used to disperse concentrated stormwater runoff uniformly over the ground surface as sheet flow. These devices shall be located a minimum of 50 feet from the edge of any identified watercourse or water body, subject to any other conditions imposed by the Board of Supervisors.

G. Uses Specifically Prohibited in the Riparian Buffer Overlay Zoning District. Any use or activity not authorized shall be prohibited within the Riparian Buffer Overlay Zoning District. By way of example only, the following activities and facilities are specifically prohibited:

(1) Removal or disturbance of vegetation in a manner that is inconsistent with erosion and sedimentation control and riparian buffer protection.

(2) Storage of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of sewer and water treatment facilities (i.e., generator sets and alternative drive units).

(3) Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of federally prescribed industry standards and/or the recommendations of the Centre County Conservation District.

(4) Roads or driveways, except where permitted as stream crossings in compliance with this section.

(5) Motor or wheeled vehicle traffic in any area not designed to adequately accommodate the type and volume.

(6) Parking lots.

H. Management of the Riparian Buffer Overlay Zoning District.

(1) Riparian Buffer Management. No development activities shall be permitted within the Riparian Buffer Overlay Zoning District unless specifically permitted by this section. All such activities are subject to the following:

(a) Subdivision and Land Development. Within the Riparian Buffer Overlay Zoning District, subdivision, land development or redevelopment shall only be permitted when the impacts of such actions are mitigated at a 1:1 square foot replacement ratio. The applicant shall prepare and submit a plan in accordance with the provisions of Appendix C[12] and Chapter 22 of the Code of Ordinances, that identifies the existing conditions (vegetation, floodplain, wetlands, soils, slopes, etc.), all proposed activities including any measures necessary to offset disturbances to land within the Riparian Buffer Overlay Zoning District and, if applicable, any proposed management techniques following the guidelines for restoration improvements identified in this section, Appendix C, Riparian Buffer Management Plan.

1) Any earth disturbance within the Riparian Buffer Overlay Zoning District shall follow the guidelines for improvements identified in Appendix C, Riparian Buffer Management Plan,[13] and shall be graphically represented along with any required buffers on formal subdivision or land development plan submissions. Where there is no disturbance within the buffer, no mitigation is required. However, the location of the Riparian Buffer Overlay Zoning District boundary must still be delineated on the plan.

[13] Editor's Note: Said appendix is included as an attachment to this chapter.

2) Lots where the Buffer Overlay Zoning District consumes 50% or more of the lot shall be exempted from the Riparian Buffer Overlay Zoning District requirements if the following criteria are met:

a) As of May 18, 2009, the lot is developed and such development is already located within the area of Zones One and/or Two.

b) As of May 18, 2009, the lot is two acres or less in size.

3) For lots that are exempted per above:

a) Any redevelopment of the lot shall be required to comply with the regulations associated with the disturbance of any Nolin soils located on the site as well as all applicable floodplain regulations.

b) Where the boundaries of Zone One fall completely within an area designated as either floodplain or Nolin soils, the overlay zoning requirements shall remain in effect for this area of the parcel.

c) The above criteria shall not adversely impact any nonconforming rights associated with use of the parcel.

[12] Editor's Note: Said appendix is included as an attachment to this chapter.

(b) Zoning and Building Permits. For activities that only require a zoning and/or building permit and include improvements within the Riparian Buffer Overlay Zoning District, riparian buffer replacement or restoration is recommended only. If provided, the buffer should be at a 1:1 square foot replacement ratio for all disturbances, following the guidelines for restoration improvements identified in this section and Appendix C, Riparian Buffer Management Plan.[14]

1) Projects for which mitigation is only recommended and for which a buffer is provided shall identify the existing conditions (vegetation, floodplain, wetlands, soils, slopes, etc.), all proposed activities and, if applicable, any proposed management techniques, including any measures necessary to offset disturbances to land within the Riparian Buffer Overlay Zoning District.

[14] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) Vegetation Selection.

(a) To function properly, dominant native vegetation in the riparian buffer should be selected from the list of native plants most suited to riparian areas (Appendix D, Selective Native Buffer Planting List,[15] Morris Arboretum of the University of Pennsylvania). Plants not included on this list may also be permitted by the Township Arborist. The Township may also require that the suitability of planting species be verified by local qualified experts at the U.S. Fish and Wildlife Service, the Natural Resource Conservation Service, the Centre County Conservation District, the Pennsylvania State Cooperative Extension and/or Clearwater Conservancy, or other state and federal forest agencies.

[15] Editor's Note: Said appendix is included as an attachment to this chapter.

(b) As part of riparian buffer restoration, it is required that any/all noxious species existing within the buffer area and/or within the site be removed. Property owners and developers should ensure that invasive species are removed so as to not adversely impact any native species planted and protected as part of the required riparian buffer restoration. Please refer to Appendices D, G and H.[16]

[16] Editor's Note: Said appendices are included as attachments to this chapter.

(c) For maximum effect, the riparian buffer should be composed of three layers of vegetation or more.

1) Canopy and understory trees to form a tree canopy particularly in Zone One.

2) Shrubs to support a dense, healthy and diverse understory.

3) Grasses, sedges, flowering perennials and other groundcover.

(d) General Recommendations for Riparian Buffer Plantings. Canopy and understory trees should be 1 1/2 to 2 1/2 calipers in diameter at breast height, eight feet to 10 feet tall at planting. Canopy trees should be planted a minimum of 20 feet to 25 feet on center in staggered rows, and understory trees should be planted a minimum of 15 feet on center, also in staggered rows. Shrubs should be planted in between canopy and understory trees at a minimum distance of between three feet and five feet apart. Grasses, sedges, flowering perennials and groundcovers should be planted one feet to three feet apart.

I. Stream Crossing Standards.

(1) Criteria.

(a) All stream crossings permitted under § 27-403, Subsection 2C(1)(a) and (b), shall comply with and incorporate as required the following minimum standards:

1) Any stream crossings requiring any activity in, under and/or over any body of water shall first consult the Department of Environmental Protection's North Central Regional Office, Watershed Management Permitting and Technical Services Section at [phone].

2) The width of any right-of-way shall not be greater than the minimum right-of-way width required by Township ordinances unless additional right-of-way is offered for dedication.

3) Stream crossings shall be designed to cross in a manner that minimizes disturbance.

4) Stream crossings shall be separated by a minimum of 1,000 feet of stream length.

5) Bridges, with the appropriate federal and/or state permits, shall be used in place of culverts when crossings would require a seventy-two-inch-or-greater diameter pipe. When culverts are installed they shall be designed to retain the natural stream channel bottom to ensure the passage of water during low flow or dry weather periods.

J. Nonconforming Structures and Uses in the Riparian Buffer Overlay Zoning District. All existing, nonconforming structures and uses will continue to be permitted in accordance with the Ferguson Township existing nonconforming provisions so noted in Chapter 27, Part 8, Nonconformities.

K. Boundary Interpretation and Appeals Procedure.

(1) When a landowner or applicant disputes the Zone One or Zone Two boundaries of the Riparian Buffer Overlay Zoning District, or the defined edge of a watercourse, surface water body, or wetland, the landowner or applicant shall submit evidence to the Township that describes the existing boundary per the provisions of this section, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.

(2) The Township Arborist and/or Zoning Administrator shall evaluate all material submitted and shall make a written determination of the acceptability of the proposed boundary change within 45 days.

(3) Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in the case of any such appeal.

L. Inspection of Riparian Buffer Overlay Zoning District.

(1) Lands within or adjacent to an identified Riparian Buffer Overlay Zoning District will be inspected by the Township Arborist when:

(a) A subdivision or land development plan is submitted.

(b) A zoning and/or building permit is requested.

(2) The Riparian Buffer Overlay Zoning District may also be inspected periodically by the Township Arborist and/or Zoning Administrator to determine compliance with required riparian buffer restoration in accordance with recommendations for improvements identified in this section and Appendix C, Riparian Buffer Management Plan,[17] or when excessive or potentially problematic erosion, sedimentation, hazardous trees or an unauthorized activity or structure is brought to the attention of Ferguson Township officials.

[17] Editor's Note: Said appendix is included as an attachment to this chapter.

§ 27-404 Airport Overlay District Requirements.

[Ord. No. 1049, 11/18/2019]

1. Purpose. The purposes of this section are to create an airport district overlay that considers safety issues around the facility now or formerly known as the University Park Airport, regulate and restrict the heights of constructed structures and objects of natural growth, create appropriate zones, establish the boundaries thereof and provide for changes in the restrictions and boundaries of such zones, create the permitting process for use within said zones and provide for enforcement, assessment of violation penalties, an appeals process and judicial review. If a conflict exists between the regulations of this section and the underlying zoning district regulations, the more restrictive requirements shall apply.

2. Relation to Other Zoning Districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where applicable, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.

3. Establishment of Airport Zones. There is hereby created and established a Conical Surface Zone within the Airport Overlay, as depicted in Appendix J[1] and illustrated on the University Park Airport Hazard Area Map.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

4. Permit Applications. A zoning permit shall be required prior to the erection, extension or alteration of any structure or portion thereof, or to erect and maintain any object (natural or man-made), within the conical surface. A zoning permit shall not be required prior to a change in residential ownership nor prior to a change in residential tenants.

A. Prior to the issuance of any zoning permit, the Zoning Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained. Prior to applying for a permit and at least 30 days prior to commencing the permitting action, the applicant shall notify the Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal. The Department's BOA response must be included with the zoning permit application for it to be considered complete.

(1) If the Department's BOA returns a determination of penetration of airspace, the applicant may seek a variance from the regulations, as specified in § 27-404, Subsection 6, below, by filing an appeal as prescribed in § 27-907.

B. No such zoning permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension or alteration as herein defined, or for any structure permitted pursuant to § 27-206, Subsection 1C, of this chapter.

C. No such permit shall be granted by the Zoning Administrator for any purpose except in compliance with the provisions of this section or, upon appeal, in compliance with a decision of the Zoning Hearing Board or the courts.

(1) Refer to § 27-902, Subsections 3 through 6, to find applications for zoning permits.

5. Variance. Variance requests shall be made on the forms provided by the Township and shall be in accordance with Section 910.2 of the Municipalities Planning Code.[2] In addition, all requests for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the Zoning Hearing Board shall consider which of the following categories the FAA has placed the proposed construction in:

A. No Objection. The subject construction/alteration is determined not (to) exceed obstruction standards and marking/lighting is not required to mitigate potential hazard.

B. Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated.

C. Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable.

[2] Editor's Note: See 53 P.S. § 10910.2.

6. Use Restrictions. Airports and Landing Strips. All airports and landing strips shall be site-selected, designed and constructed in accordance with standards of the Federal Aviation Agency. Notwithstanding any other provisions of this section, no use shall be made of land or water within this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the University Park Airport surface.

7. Preexisting Nonconforming Uses. All nonconforming uses are subject to the provisions of § 27-803. In addition, the regulations prescribed by the Airport Hazard Overlay District shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.

8. Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of § 27-404, Subsection 5, may be conditioned, according to the process described therein, to require the owner of the structure or object of natural growth in question or the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.

9. Violations and Penalties. Violations and penalties shall be subject to the provisions of § 27-906.

10. Appeals. Appeals shall be made in accordance with the process identified in § 27-907.

§ 27-405 Source Water Protection Overlay District Requirements.

[Ord. No. 1049, 11/18/2019]

1. Purpose and Intent. The purpose of this section is to protect the health, safety, and welfare of residents and the ecosystems of the Township, provide protections for sources of public drinking water supplies, and safeguard the future supply of safe and sustaining drinking water. The designation of a Source Water Protection Overlay District, as provided herein, and the regulation of activities within such Source Water Protection Overlay District are intended to reduce the potential for ground water and surface water contamination and minimize adverse environmental impacts. The Source Water Protection Overlay District further intends to:

A. Protect groundwater-based public and private water supply sources within the Township from contamination.

B. Minimize the risk from spills, leaks and other discharges into groundwater within the Source Water Protection Overlay District.

C. Manage land use activities that store, handle, and produce hazardous materials or regulated substances which can contaminate water supply sources through inadequate management.

D. Encourage best management practices (BMP) to limit degradation of groundwater and surface water quality.

E. Provide many of the source water protections that are set forth as goals in the existing source water protection reports or plans formulated by such entities as the State College Borough Water Authority, Pennsylvania State University, Bellefonte Borough Water Authority, College Township Water Authority, and any other private water companies utilizing groundwater within the Township for public consumption.

F. Update ordinance requirements periodically, taking into account any new technologies or practices in agricultural operations. When new technologies, farming practices, or development activities could lead to unacceptable harm to people or our source water that is scientifically plausible but uncertain, the Township shall take actions to avoid or diminish that harm.

G. Help mitigate the impacts of a changing climate on the groundwater and surface water resources within the Township by defining the Source Water Protection Overlay District to be the entire Township, thereby including the future southwest extension of the Zone II area.

2. Statutory Authority. Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986[1] requires the states to establish wellhead protection programs to protect groundwater from contamination. In Pennsylvania, the responsibilities for development and implementation of source water (wellhead) protection programs is shared between water suppliers, the commonwealth, and local municipal governments. The Pennsylvania Department of Environmental Protection (PA DEP) recognizes that, in Pennsylvania, DEP is responsible for regulating water suppliers and discharges of contaminants. Pennsylvania DEP also recognizes that it is the responsibility of local governments to regulate land use. Ferguson Township is empowered to regulate land use activities through the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, which provides authorization to the Township to enact ordinances regulating development and land uses to ensure the public health, safety, and welfare; provisions for safe, reliable, and adequate water supply; considering current and future water resources availability, uses, and limitations (including provisions adequate to protect water supply sources).

[1] Editor's Note: See 42 U.S.C. § 300h-7.

3. Applicability.

A. These provisions apply to land uses located or proposed within the area delineated as the Source Water Protection Overlay District, and to those land uses on parcels located within a Source Water Protection Overlay District.

B. To the extent otherwise permitted or regulated by federal, state and/or county statutes and regulations, the owners and/or occupiers of lots and tracts of land which are primarily utilized for the purpose of single- or multifamily residential dwellings are permitted to utilize and store fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gases, and toxic and regulated substances listed as part of this chapter in such quantities and in such manner as is associated with normal and responsible household use, and such limited authorization shall not be deemed a regulated land use and activity for the purposes of this chapter.

(1) For commercial and retail establishments that sell prepackaged fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gases, and toxic and regulated substances packaged for home uses, these packaged materials shall be exempt from the requirements of this chapter.

C. Both existing and proposed agricultural operations and/or service businesses defined under Section 3 shall be exempt from this chapter, provided that individual farmers coordinate and implement best management practices through conservation, manure management, agricultural erosion and sedimentation, and nutrient management plans and any other applicable county, state or federal regulations.

D. On-site sewage disposal systems, both existing and proposed, must participate and fulfill requirements outlined in the Regional Act 537 Plan and comply with the Ferguson Township Chapter 18, Sewers and Sewage Disposal, Part 5, Sewage Management Program.

E. Silvicultural and timber harvesting operations and activities shall comply with the commonwealth's Chapter 102 regulations for erosion and sedimentation control and Chapter 105 permits for wetlands and streams through the Centre County Conservation District.

4. Establishment and Delineation of Source Water Protection Overlay District and Wellhead Protection Zones. The "Source Water Protection Overlay District" shall be defined as the entire area within the boundaries of Ferguson Township as set forth on the map marked as Appendix A[2] and incorporated herein by reference thereto. Source water protection zones have been established by the State College Borough Water Authority under the Source Water Protection Report, January 2007 (revised in May 2017), for Zones I and II, and the Pennsylvania State University for Zone II. The Rock Springs Water Company retains established well locations within western Ferguson Township, as the Overlay Map includes a prescribed Zone I delineation around the well site.

A. Zone I: A protective area immediately surrounding a public water supply with a radius defined by the most recently adopted State College Borough Water Authority Source Water Protection Report, as amended:

(1) DeArmit Well Field: Wells 1, 2 & 3 = 400 feet.

(2) Wellfield #4 (Nixon): Wells 41, 43 & 53 = 400 feet.

(3) Wellfield #5 (Chestnut Ridge): Well 55 = 135 feet and Well 57 = 140 feet.

(4) Wellfield #7 (Kocher): Wells 71, 73 & 78 = 400 feet and Well 79 = 140 feet.

(5) Wellfields #1 and #3 (Thomas/Harter): No wells located within Township boundary.

(6) Penn State University Wellfields: Well 28A = 400 feet and Well 37 = No radius.

(7) Rock Springs Water Company: 400 feet radius around existing wells.

(a) Upon a well decommissioning by the water purveyor, the prescribed radius shall no longer be in effect upon notice of the water purveyor to Ferguson Township.

B. Zone II: The area encompassing the portion of the aquifer through which water is diverted into a well and typically defined by DEP as a 1/2 mile radius around a well unless a more detailed delineation is conducted. Detailed delineation was conducted as part of the State College Borough Water Authority under the Source Water Protection Report, January 2007 (revised in May 2017), and outlined as the Source Water Protection Overlay District in Appendix A.[3]

[3] Editor's Note: Said appendix is included as an attachment to this chapter.

C. Consistent with the Safe Drinking Water Act,[4] for all construction permit applications accepted by the Department of Environmental Protection after October 9, 1995, a water supplier who is developing a community water system well, spring, or infiltration gallery that is installed for a new system or as an expansion of an existing system shall:

(1) Own or substantially control through a deed restriction, or other methods acceptable to the Department, the Zone I wellhead protection area in order to prohibit activities within Zone I that may have a potential adverse impact on source water quality or quantity.

(2) Discontinue the storage, use, or disposal of a potential contaminant within the Zone I wellhead protection area unless the chemical or material is used in the production or treatment, or both, of drinking water.

(3) Eliminate the storage of liquid fossil fuel within the Zone I wellhead protection area except for providing auxiliary power to the public water system to ensure the uninterruption of essential services during power failures or as a primary heating source only when the use of natural gas or propane gas is not a viable option.

(4) Construct any new and replacement liquid fossil fuel tanks that are within the Zone I wellhead protection area aboveground within the pump house or an enclosed, locked structure using an impermeable secondary containment structure of greater capacity than the fuel storage tank.

[4] Editor's Note: See 42 U.S.C. § 300f et seq.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

5. Boundary Interpretation.

A. Each application for a subdivision, land development, or zoning permit required for a regulated land use and activity, Table 27-405, Subsection 7B, containing land within the Source Water Protection Overlay District shall be submitted in accordance with such other applicable provisions of Ferguson Township ordinances. Any area of the Source Water Protection Overlay District that falls within the subject lot or lots shall be shown on the site plan through shading of such area or areas and identification of the impacted wellfield.

B. Any applicant seeking subdivision, land development or zoning permit approval for a regulated land use and activity (Table 27-405, Subsection 7B) in a source water protection zone shall have the burden to present evidence of the boundaries of the District in the area in question. This evidence must include applicable geographic data with respect to the property and any other pertinent documentation for consideration. The Township's qualified professional and planning and zoning staff shall evaluate the information and shall make determination regarding the boundaries of lands within a particular source water protection zone. This information shall include:

(1) All plans shall be on sheet sizes consistent with the Township Subdivision and Land Development Ordinance.[5]

[5] Editor's Note: See Ch. 22, Subdivision and Land Development.

(2) Proposed name or identifying title of project.

(3) Name and address of the landowner and developer of the project site.

(4) Plan date and date of the latest revision to the plan, North point, graphic scale and written scale. All plans shall be at a scale of 100 feet to the inch.

(5) Total acreage and boundary lines of the project site and the tract of land on which the project site is located.

(6) A location map, for the purpose of locating the project site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all highways, streets, Township boundaries, and other identifiable landmarks existing within 1,000 feet of any part of the tract of land on which the project site is proposed to be developed. Map should also include source water protection zones along with the most recent aerial photography.

6. Public water supplier review. Prior to the commencement of any subdivision, land development or new regulated land uses and activities, as outlined in Table 27-405, Subsection 7B, below, the Ferguson Township Department of Planning and Zoning shall furnish a copy of plans or proposed permit application information to public water suppliers such as the State College Borough Water Authority, the Pennsylvania State University, Borough of Bellefonte, or the Rock Springs Water Company under the following requirements:

A. The owner/applicant shall submit all pertinent information to demonstrate to the public water supplier the following:

(1) The owner/applicant meets the provisions for regulated land uses and activities in Table 27-405, Subsection 7B.

B. Ferguson Township shall offer public water suppliers an opportunity to review and comment on proposed land development plans of regulated land uses and activities. Upon land development application submission, Ferguson Township Planning and Zoning Department staff shall forward copies of the plans and request public water supplier to review and comment within 45 days of receipt. Extraordinary development proposals may necessitate an extension of public water supplier review time, which may prompt a public water supplier request to extend the forty-five-day review time. All costs associated with public water supplier review shall be borne by the land development applicant. The public water supplier may waive further review of the proposed development plan, depending upon the physical location of the proposed project, and must notify Ferguson Township Planning and Zoning Department staff, in writing, that the public water supplier opts to waive land development plan review.

7. Regulated Land Uses and Activities.

A. The regulated land uses and activities, under Table 27-405, Subsection 7B, contained in this section, sets forth various regulated land uses and activities to the extent of regulation permitted in each of the zones in the Source Water Protection Overlay District. In the event of judicial decision affecting any of the land uses and activities or regulations set forth herein, it is the intent of this chapter that any provision found to be illegal shall be stricken, and the remaining provisions shall remain in full force and effect.

B. Full authority for the administration/application of all criteria, terms, and conditions of this section shall be with the Zoning Administrator. Land uses and activities shall be regulated as follows:

Table 405, Subsection 7B, Regulated Land Uses and Activities
	Land Use and Activities	Zone I	Township-Wide Source Water Protection Zone II
1.	Kennels	Not permitted	A. Proof of a manure management plan and manure storage areas shall be designed in a manner to contain any accidental releases and provide optimal protection of groundwater resources. B. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. C. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. D. Site map location of where hazardous materials are stored, handled and used.
2.	Pet care services facilities	Not permitted
3.	Veterinary office/clinic	Not permitted
4.	Mining and quarrying	Not permitted	A. Location map and site plan, drawn to scale not less than 1 inch equals 100 feet, showing property boundaries, stockpile areas, existing reclaimed and unreclaimed lands, proposed maximum acreage of all affected lands, erosion and sedimentation control all applicable private drinking water supplies or public drinking water sources and all existing or proposed solid waste disposal areas. B. A detailed report by a certified geologist with experience in hydrogeology attesting to the depth of the seasonal water table, and plan showing bench marked elevations for depth of excavation.
5.	Place of assembly, regional	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
6.	Bed-and-breakfast	Not permitted
7.	Farm cafe	Not permitted
8.	Cemeteries	Not permitted	A. All caskets shall be encased in concrete grave liners as defined by the Federal Trade Commission in regulations at Part 453, as amended.
9.	Mortuaries	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
10.	Convenience food stores	Not permitted
11.	All retail establishments for the sale, service, and rental of goods	Not permitted
12.	Personal service establishments	Not permitted
13.	Eating and drinking establishments	Not permitted
14.	Automobile service stations and garages	Not permitted
15.	Hotels and motels	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
16.	Public and private garages for the storage and maintenance of motor vehicles	Not permitted
17.	Storage and display of motor vehicles, motorcycles, mobile homes, passenger vehicles and light trucks, recreational vehicles, boats and marine craft held for sale or rental, car washes and truck-washing	Not permitted
18.	Archery and shooting ranges	Not permitted	A. Mitigation plan for the abatement of lead contamination within range lanes and trap access.
19.	Printing establishments	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
20.	Incinerators	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
21.	The manufacture, processing or bulk storage of natural gas, petroleum, gasoline and other petroleum derivatives and explosives	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
22.	Wholesale distribution and warehouses	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
23.	Auto wrecking, junk, and scrap establishments	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
24.	Commercial or industrial production, manufacturing, assembly, processing, cleaning, repair, storage or distribution of goods, equipment materials, foodstuffs and other products not involving a retail activity except as an accessory use	Not permitted
25.	Light manufacturing, assembly, processing, fabrication and packaging of components into finished or remanufactured products, where all work occurs inside the building and all raw products and finished products are stored within the building	Not permitted
26.	Research engineering or testing laboratories and fabrication of models or test equipment used in research	Not permitted
27.	Manufacture, use and storage of Hazardous materials as a principal activity	Not permitted
28.	Land application of biosolids	Under PA DEP permit conditions of approval
29.	Underground injection wells, natural gas well extraction pads for horizontal drilling and hydraulic fracturing, compressor stations	Not permitted	Not permitted
30.	Liquid petroleum transmission lines	Not permitted	Not permitted
31.	Commercial or municipal composting facilities	Not permitted	A. Storage facilities shall be designed to have an impervious storage and loading surface, prevent infiltration of rain and surface water into storage areas and provide diking to prevent runoff from storage and loading areas.
32.	Golf course	Not permitted	A. All herbicides and pesticides shall be applied in accordance with label directions, and must be applied in accordance with an approved nutrient management plan. B. Irrigation schedules shall be coordinated with pesticide and nutrient application to minimize the possibility of leaching/runoff. C. Coordination with the Penn State Cooperative Extension Service to develop and implement an integrated pest management plan.
33.	Geothermal exchange systems (open and closed loop)	Not permitted	A. Placement of such systems shall comply with the standards set forth in Chapter 10, Well Drilling, of the Centre Region Building Safety and Property Maintenance Code.
34.	Storage tanks, aboveground (AST)	Not permitted	A. Submittal of an approved registration form indicating compliance with permit requirements of the Storage Tank and Spill Prevention Act (STSPA, Act of 1989, P.L. 169, No. 32)[6] standards. B. Aboveground storage tanks shall not be located within 200 feet of a Zone I boundary.
35.	Storage tanks, underground (UST)	Not permitted	A. Submittal of an approved registration form indicating compliance with permit requirements of the Storage Tank and Spill Prevention Act (STSPA, Act of 1989, P.L. 169, No. 32)[7] standards. B. Underground storage tanks shall not be located within 200 feet of a Zone I boundary.
36.	Storage of road salt and deicing materials	Not permitted	A. All salt and associated sand mix piles must be stored on an impermeable surface and covered with a waterproof material. Stockpiles shall not be located near surface waters, in floodplains, or areas with steep slopes, and shall be designed to prevent surface water runoff. Snow containing road salt shall not be brought to sites within 200 feet of Zone 1 for disposal. Environmentally friendly snow and ice removal products and procedures are encouraged.
37.	Application of road salt and deicing materials	A. Ferguson Township shall monitor and record amounts of salts or deicing materials applied to Township roads during each storm event.
38.	Withdrawal or diversion of 10,000 gpd for any consecutive thirty-day period from groundwater or surface water sources	A. Registration of the amount of the water withdrawal is required by the Susquehanna River Basin Commission.
39.	Abandonment of wells	A. Abandonment of wells shall comply with the standards set forth in Chapter 10, Well Drilling, of the Centre Region Building Safety and Property Maintenance Code.
40.	Well building/water production facilities	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled, and used
41.	Freight or truck terminals	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.
42.	Medical marijuana growing and processing facility	Not permitted	A. Provide a detailed description of the storage, handling, use of regulated substances and description of the containment structures for hazardous material storage. B. A detailed description of disposal procedures for regulated substances and wastes and name, address and telephone number of any waste haulers used. C. Site map location of where hazardous materials are stored, handled and used.

[6] Editor's Note: See 35 P.S. § 6021.101 et seq.

[7] Editor's Note: See 35 P.S. § 6021.101 et seq.

8. Environmental Emergency Response Plans. Ferguson Township contains a variety of land uses and activities with the potential for additional development throughout the Township. Some activities can pose moderate to high risk of causing environmental degradation or the endangerment of public safety through active releases of toxic, hazardous, or other pollutant materials. It is the intent of this chapter to require such activities to follow the Pennsylvania Department of Environmental Protection Guidelines for the Development and Implementation of Environmental Emergency Response Plans that encourages the consolidation of state and federal pollution incident prevention and emergency response programs into a single plan. The guideline has been made part of this chapter as Appendix B.[8]

[8] Editor's Note: Said appendix is included as an attachment to this chapter.