Certain uses of land and/or buildings, as specified herein,
whether permitted by right, special exception and/or conditional use,
shall be subject to supplemental regulations in addition to those
of the district in which the use is located.
Private ambulance services may be permitted, subject to all
the requirements of this chapter, and in accordance with the following
provisions. The intent of this section is to regulate private ambulance
services which are designed and intended to provide nonemergency medical
transportation services.
A.
No ambulance vehicle shall be located closer than 200
feet to any residential structure or residential district;
B.
Three off-street parking spaces shall be required for
each ambulance and its crews;
C.
One off-street parking space shall be required for
every 300 square feet of floor area occupied by a private ambulance
service.
A.
Automotive repairs (repair garage). Activities including
the repair of automobiles, trucks, snowmobiles and motorcycles shall
be conducted within a completely enclosed building where adequate
measures shall be taken to minimize noise, vibrations, fumes and glare.
Said buildings shall be equipped with oil containment facilities/equipment
which shall prohibit any oil from being discharged upon the ground
or into streams, aquifers and/or environment. Refuse and/or waste
oil shall be removed from site with disposal required in accordance
with governing standards of the Pennsylvania Department of Environmental
Protection. Only vehicles to be repaired on the premises or picked
up by the vehicle's owner may be stored in the yard area. Where such
use abuts any R District, the following requirements shall apply to
the side and rear yard property boundaries:
(1)
Construction of a solid wall or solid opaque
fencing eight feet in height, designed to conceal and screen the car
wash facility from adjoining properties.
(2)
Within a required rear yard or side yard setback,
there shall be a landscaped planting strip not less than four feet
in depth, planted with shrubs or trees which are not less than three
feet high at the time of planting and which are of a type that may
be expected to form a year-round dense screen at least six feet high
within three years. The landscaped planting strip shall be maintained
in good condition at all times, including the replacement of any shrubs
or trees which are damaged, die or otherwise fail to grow.
(3)
Outdoor trash dumpsters shall be concealed within an area surrounded by a solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
B.
Automotive sales. Where such use abuts any R District,
the following requirements shall apply to the side and rear yard property
boundaries:
(1)
Construction of a solid wall or solid opaque
fencing eight feet in height, designed to conceal and screen the facility
from adjoining properties.
(2)
Within a required rear yard or side yard setback,
there shall be a landscaped planting strip not less than four feet
in depth, planted with shrubs or trees which are not less than three
feet high at the time of planting and which are of a type that may
be expected to form a year-round dense screen at least six feet high
within three years. The landscaped planting strip shall be maintained
in good condition at all times, including the replacement of any shrubs
or trees which are damaged, die or otherwise fail to grow.
C.
Gas station, limited-service, gas stations (also includes
convenience stores with gasoline sales). Where such use abuts any
R District, the following requirements shall apply to the side and
rear yard property boundaries:
(1)
Construction of a solid wall or solid opaque
fencing eight feet in height, designed to conceal and screen the car
wash facility from adjoining properties.
(2)
Within a required rear yard or side yard setback,
there shall be a landscaped planting strip not less than four feet
in depth, planted with shrubs or trees which are not less than three
feet high at the time of planting and which are of a type that may
be expected to form a year-round dense screen at least six feet high
within three years. The landscaped planting strip shall be maintained
in good condition at all times, including the replacement of any shrubs
or trees which are damaged, die or otherwise fail to grow.
(3)
Outdoor trash dumpsters shall be concealed within
an area surrounded by solid opaque fencing not less than six feet
in height.
(4)
Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than 15 feet from the right-of-way line of the adjoining street. All repair services, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
D.
Car wash.
(1)
The site shall be able accommodate three cars
per stall awaiting washing during peak periods so that lines along
public streets are avoided. Traffic flow and ingress/egress shall
not cause traffic hazards on adjacent streets. On-lot traffic circulation
channels and parking areas shall be clearly marked.
(2)
The facility shall be designed with a water reclamation
system. The applicant shall provide evidence that adequate measures
will be in place to prevent pollutants from being washed into the
groundwater or waterways. Any chemicals or polluted runoff that may
be hazardous to aquatic life shall be stored within an area that will
completely contain any leaks, spills or polluted runoff. Water used
in the operation shall not flow into streets, sidewalks, separated
storm sewers or waterways.
(3)
Adequate provisions shall be made for the proper
and convenient disposal of refuse.
(4)
Where car wash abuts any R District, the following
additional requirements shall apply to the side and rear yard property
boundaries:
(a)
Construction of a solid wall or solid opaque
fencing eight feet in height, designed to conceal and screen the car
wash facility from adjoining properties.
(b)
Within a required rear yard or side yard setback,
there shall be a landscaped planting strip not less than four feet
in depth, planted with shrubs or trees which are not less than three
feet high at the time of planting and which are of a type that may
be expected to form a year-round dense screen at least six feet high
within three years. The landscaped planting strip shall be maintained
in good condition at all times, including the replacement of any shrubs
or trees which are damaged, die or otherwise fail to grow.
(c)
Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Canopies over drive-through areas shall meet all yard setback requirements. The banks with drive-through service shall comply with the lane stacking requirements under § 500-1117 of this chapter.
The property shall be limited to providing lodging for not more
than four persons, excluding the owner of the property. Off-street
parking spaces shall be provided for each person residing therein.
The bulk storage of natural and manufactured gas shall comply
with the following requirements:
A.
Storage tanks shall be located not less than 100 feet
from any property line and shall be not less than 500 feet from any
dwelling, school, church or similar use.
B.
Cylinder filling rooms, pumps, compressors and truck
filling stations shall be located 75 feet from all property lines.
C.
The tank storage area shall be fenced with an eight-foot-high
industrial gauge fence. If the property abuts on the side or rear
property line containing a residence, the property shall be screened
from view by a dense growth of evergreens at least five feet in height
at the time of planting.
D.
Bulk fuel storage facilities shall be developed in
full compliance with all applicable federal, state and insurance regulations.
The property shall not be less than five acres. A structure,
grave, or place of permanent burial shall be set back not less than
50 feet from the property line. The cemetery shall be enclosed along
all boundaries by fence, wall or shrubbery, or any combination thereof,
at least four feet in height. The interior roads shall have a minimum
width of 15 feet and shall be properly maintained with either gravel
or paving.
Buildings utilized for such purposes shall not be less than
40 feet from any property line. Where such use abuts any R District,
the following requirements shall apply to the side and rear yard property
boundaries:
A.
Construction of a solid wall or solid opaque fencing
eight feet in height, designed to conceal and screen the facility
from adjoining properties.
B.
Within a required rear yard or side yard setback, there
shall be a landscaped planting strip not less than four feet in depth,
planted with shrubs or trees which are not less than three feet high
at the time of planting and which are of a type that may be expected
to form a year-round dense screen at least four feet high within three
years. The landscaped planting strip shall be maintained in good condition
at all times, including the replacement of any shrubs or trees which
are damaged, die or otherwise fail to grow.
C.
Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit (§ 500-1202.2).
A commercial communication antenna when attached to an existing
building or structure shall require approval as a special exception
and shall be subject to the following requirements:
A.
Commercial communications antenna shall not be located
or permitted on any building or structure located within a residential
zoning district.
B.
A commercial communications antenna mounted on a building
or other structure shall not exceed eight feet in height above the
existing building or structure and shall not exceed three feet in
width.
C.
A commercial communications antenna shall comply with
all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
A copy of the subject standards shall be submitted with a zoning permit
application along with a graphic depiction of the proposed communications
antennas.
D.
The applicant shall provide a copy of its current Federal
Communication Commission license.
E.
The applicant shall provide certification and documentation
from a Pennsylvania-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 such mount or location.
F.
The applicant shall provide evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the commercial communications antenna is to be mounted.
G.
The applicant shall provide a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000,
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence.
H.
An antenna mounted upon an existing structure shall
be removed by the owner of the same within six months of the discontinuance
of its use. The owner shall provide the Zoning Officer with a copy
of the notice to the FCC of intent to cease operations. The six-month
period for the removal of an antenna mounted upon an existing structure
shall commence on the date indicated for ceasing operations.
The placement of a commercial communication antenna upon an
existing commercial communication tower or an existing public utility
transmission tower shall be permitted by right in all nonresidential
zoning districts. Said antenna shall be removed by the owner of the
same within six months of the discontinuance of its use. The owner
shall provide the Zoning Officer with a copy of the notice to the
FCC of intent to cease operations. The six-month period for the removal
of an antenna mounted upon an existing structure shall commence on
the date indicated for ceasing operations.
Commercial communication facilities shall be subject to the
following requirements.
A.
Commercial communications antenna.
(1)
Commercial communications antenna shall comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
A copy of the subject standards shall be submitted with a zoning permit
application.
(2)
The applicant shall provide a copy of its current
Federal Communication Commission license.
B.
Commercial communication tower.
(1)
A written statement and graphic depiction that
describes and depicts the proposed Tower including the type of construction
(monopole, lattice tower, guyed tower), tower height and the provision
for co-location;
(2)
The submission of not less than three color photos,
no smaller than eight inches by 10 inches, taken from locations within
a three-mile radius of the proposed site of a communications tower,
as selected by the Board and computer-enhanced to simulate the as-built
appearance of the tower as it would appear from these locations.
(3)
Certification and documentation from a Pennsylvania-registered
professional engineer that the proposed tower will be designed in
accordance with the current Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, published by the Electrical
Industrial Association/Telecommunications Industry Association, and
applicable requirements of the Pennsylvania Uniform Construction Code
and other applicable regulations.
(4)
The name, address, and emergency telephone number
for operator of the tower;
(5)
The applicant shall demonstrate, using technological
evidence, that the tower must be located where it is being proposed
and that it represents the minimum height required to function satisfactorily.
(6)
All new towers shall be engineered and constructed
to accommodate at least one other user.
(7)
Unless required by the FAA, no tower may use
artificial or strobe lighting. The tower shall be a brownish color
(whether painted brown or caused by oxidation or otherwise to lessen
its visual impact) up to the height of the tallest nearby trees. Above
that height, it shall be painted silver or another color that will
minimize its visual impact.
(8)
A tower shall be set back from all property lines
a distance that is not less than 120% of the height of the tower as
measured in linear feet.
(9)
An applicant proposing the construction of a
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the communications antennas on an existing
building, structure or communications tower. A good faith effort shall
require that all owners of potentially suitable structures within
a one-half-mile radius of the proposed tower site be contacted. The
applicant shall supply supporting documentation for not selecting
an alternate location.
(10)
All guy wires associated with a guyed tower
shall be clearly marked at ground level so as to be visible at all
times and shall be located within a fenced enclosure. The exposed,
aboveground portion of guy anchors shall be no less than 10 feet from
the nearest property line.
(11)
No signs shall be mounted on a tower, except
as may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency that has jurisdiction;
provided, however, that a sign shall be affixed to the security fence
in an accessible and visible location containing the name and address
of the owner of the tower and a twenty-four-hour emergency telephone
number.
D.
Decommissioning and restoration requirements. A tower
shall be removed from the site within six months of its cessation
of use. The applicant shall include the following information regarding
decommissioning and removal of the tower and restoring the site:
(1)
The anticipated and/or estimated life of the
project;
(2)
The estimated decommissioning costs in current
dollars;
(3)
The method and schedule for updating the costs
of decommissioning and restoration;
(4)
The method of ensuring that funds will be available
for decommissioning and restoration;
(5)
The anticipated manner in which the project will
be decommissioned and the site restored.
(6)
The applicant shall provide an appropriate and
adequate demolition bond for purposes of removing the tower in case
the applicant fails to do so as required above. Proof of this bond
shall be provided each year and shall be a continuing condition for
the life of the project.
(7)
The sufficiency of the demolition bond shall
be confirmed at least every five years by an analysis and report of
the cost of removal and property restoration to be performed by a
licensed professional engineer, the cost of same to be borne by the
applicant. If said analysis and report determines that the amount
of the bond in force is insufficient to cover the removal, disposal
and restoration costs, the bond shall be increased to the amount necessary
to cover such costs within 10 days of the applicant's receipt of such
report.
Commercial or industrial uses utilizing outdoor storage space
of more than 1,000 square feet shall be located on a tract of land
not less than two acres. Supplies stored outdoors shall be neatly
arranged and no required yard setback areas shall be used for storage.
There shall be a roadway 14 feet in width provided for every 40 linear
feet of stored materials. The roadway shall be kept passable for firefighting
equipment. Where such use abuts any residential district, the following
requirements shall apply to the side and rear yard property boundaries:
A.
Construction of a solid wall or solid opaque fencing
eight feet in height, designed to conceal and screen the storage area
from adjoining properties.
B.
Within a required rear yard or side yard setback, there
shall be a landscaped planting strip not less than four feet in depth,
planted with shrubs or trees which are not less than three feet high
at the time of planting and which are of a type that may be expected
to form a year-round dense screen at least four feet high within three
years. The landscaped planting strip shall be maintained in good condition
at all times, including the replacement of any shrubs or trees which
are damaged, die or otherwise fail to grow.
C.
Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
No existing single-family dwelling unit shall be converted into
two or more dwelling units or into any nonresidential use in an R-1
Single-Family Residential District.
The conversion of a building not constructed for residential
use which is located in an R-2 Zone, R-3 Zone or a nonresidential
district may be converted into a residential use upon approval of
such as a special exception use by the Zoning Hearing Board and subject
to the following:
A.
A ratio of one dwelling unit for every 3,500 square
feet of lot area; provided that not more than six dwelling units shall
be created in the conversion of any such building.
B.
All other applicable requirements of this chapter are
met including, but not limited to, the provision of two off-street
parking spaces for each dwelling unit created.
All day-care facilities shall comply with the following:
A.
The applicant or owner shall provide evidence of certification
of compliance with all appropriate regulations of any designated state
agency whose approval and/or license is required by the laws of the
commonwealth.
B.
Noise and all other possible disturbing aspects connected
to such use shall be controlled to the extent that the operation of
such use shall not unduly interfere with the use and enjoyment of
properties in the surrounding area.
C.
Outdoor play areas and/or recreational area shall be
completely enclosed with a fence six feet in height. Outdoor play
and/or recreational activities shall be limited to the hours between
10:00 a.m. to 5:00 p.m. local time. The minimum area of said play
area shall be 300 square feet or 10 square feet per child, whichever
is greater.
D.
The applicant shall supply evidence that vehicular
traffic congestion will be avoided in pick-up and drop-off points
utilized in transporting individuals to and from the facility.
Said facility shall require a minimum lot size of not less than 25,000 square feet. Where the parking area abuts the side or rear property lines of an adjoining residential use, a solid wall or solid opaque fencing eight feet is required. In front of the fence or wall there shall also be a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 25 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
The intent of this section is to ensure the City is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare. Excavation and extraction of minerals, as defined in Article II, shall be considered a temporary use, subject to the following requirements:
A.
Project narrative. A written report shall be submitted
by the applicant that includes the type of minerals proposed to be
excavated, extracted, and/or removed from the site, the volume of
such material and the maximum length of time associated with the proposed
operation based upon the stated volume of material. Said narrative
shall also describe normal, daily operational features performed upon
the site, including, but not limited to, proposed hours of operation,
anticipated noise levels, and the type and volume of truck traffic
to be generated with the proposed traffic routes to and from the site.
B.
Map. Submission of a map or maps at a scale of not
greater than one inch equals 50 feet that outlines the entire property
and the proposed area subject to excavation, extraction, and/or removal
of minerals. Said map shall indicate existing contours prior to the
start of work, and proposed final contours, including the proposed
maximum depth of excavation at all points subject to excavation. Said
map or maps shall also contain surface features showing the location
of buildings, dwellings, places of worship, schools, railroads, highways
and public uses within a distance of 500 feet from the perimeter of
the proposed use.
C.
Bond, backfilling and fees. The applicant shall provide
documentation that all applicable state requirements relative to providing
a bond that guarantees the restoration and backfilling of any land
proposed to be excavated or otherwise disturbed has been secured.
D.
Insurance. That a certificate of insurance evidencing
that the quarry operator has general liability insurance with limits
of $500,000 per accident and $1,000,000 in the aggregate for bodily
injury and personal injuries, and $1,000,000 per accident and in the
aggregate for property damage, be filed with the City; said certificate
shall indicate that the City of Nanticoke is listed as an additional
insured on the aforementioned policy for losses arising out of the
named insured's operations at the site subject to the excavation and/or
extraction of minerals.
E.
Distance provisions. The perimeter of any excavation
under this section shall comply with the governing provisions of State
Surface Mining Conservation and Reclamation Act and/or the Noncoal
Surface Mining Conservation and Reclamation Act, as amended.[1]
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq. and 52 P.S.
§ 3301 et seq., respectively.
F.
Timing:
(1)
If blasting is a necessary part of the excavation/extraction
process, and approved by the City Council, blasting shall occur only
between the hours of 9:00 a.m. and 4:00 p.m. local time, excluding
Saturdays, Sundays and the following holidays:
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January 1
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Memorial Day
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July 4
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Labor Day
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Thanksgiving
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Christmas
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(2)
All blasting shall be in accordance with regulations
promulgated by the Pennsylvania Department of Environmental Protection.
The applicant shall provide the City with not less than a twenty-four-hour
advance notice.
G.
Location of processing equipment. To reduce airborne
dust, dirt and noise, all structures for sorting, crushing, grinding,
loading, weighing, washing and other operations shall be not less
than 100 feet from both the right-of-way of any public street and
the boundary of the subject property with any property located in
any zoning district that allows a residence as a principal permitted
use; unless a lesser distance is approved for either dimension by
the City Council as part of a conditional use approval decision.
H.
Drainage. All excavations shall be adequately drained
with the intent to avoid the formation of stagnant pools of water.
Adequate measures shall be taken prior to any excavation and fully
documented prior to approval of the operation. This is not intended
to supersede any reclamation plan approved by the Pennsylvania Department
of Environmental Protection.
I.
Compliance with state requirements. Final and/or unconditional
approval for excavation, extraction and/or minerals under the provisions
of this chapter shall not be issued until the applicant documents
that all required licenses and/or permits have been properly secured
from the applicable state and/or federal agencies, including but not
limited to the Pennsylvania Department of Environmental Protection.
J.
Lighting. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
The processing, packaging, dressing and treatment of meat, poultry
and fish products shall be conducted wholly within a completely enclosed
building. Smoke, noise, or odors affecting adjacent property shall
be prohibited.
Forestry as so defined in Article II of this chapter shall be subject to the following requirements.
A.
A forestry management plan shall be prepared and followed
for any commercial forestry involving more than two acres. This plan
shall be prepared by a professional forester and be consistent with
the timber harvesting guidelines of the Pennsylvania Forestry Association.
B.
Clear cutting shall be prohibited except on tracts
of less than one acre.
C.
On tracts larger than one acre, at least 20% of the
forest cover (canopy) shall be kept, and the residual trees shall
be well distributed. At least 20% of these residual trees shall be
composed of higher value species as determined by a professional forester.
D.
An erosion and sedimentation control plan shall be
submitted to the County Conservation District for any review and recommendation.
E.
The forestry management plan shall include an appropriate
method to ensure reforestation, except for areas approved for a permitted
use.
F.
Commercial forestry is prohibited on areas with slopes
greater than 25% or within the 100-year floodway.
Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties.
A multifamily residential development of garden apartments shall
be subject to the following requirements and all other applicable
requirements of this chapter:
A.
Minimum lot size shall be two acres.
B.
Minimum lot width shall be 200 feet.
C.
Maximum percentage of building coverage on a lot shall
be 40%.
D.
There shall not be more than eight dwelling units per
structure.
E.
Minimum front yard setback shall be 50 feet.
F.
Minimum rear yard setback shall be 50 feet.
G.
Minimum side yard setback shall be 50 feet.
H.
Maximum net residential density shall not exceed five
units per one acre.
I.
Maximum building height shall not exceed three stories
or 35 feet.
J.
Minimum distance between principal structures shall
not be less than 35 feet.
K.
Minimum front yard setback for off-street parking areas
shall not be less than 30 feet.
L.
Minimum side yard setbacks for off-street parking areas
shall be not less than 15 feet.
M.
Minimum rear yard setbacks for off-street parking areas
shall be not less than 15 feet.
N.
One and one-half off-street parking spaces shall be
provided for each dwelling unit.
[Amended 10-18-2023 by Ord. No. 6-2023]
O.
Unattached accessory structures, such as swimming pools,
garages, carports and sheds shall be prohibited in the front yard.
Unattached accessory structures located in the side or rear yard shall
have five-foot side and rear yard setbacks. Attached structures shall
have the same setbacks as required for principal structures.
Any party wishing to establish and/or operate a group residence,
in addition to all other applicable zoning regulations and/or requirements,
shall be subject to the following supplemental requirements:
A.
The maximum occupancy of a group residence shall not
exceed eight persons, excluding staff. The occupancy of said group
residence shall be governed by the standards and requirements as provided
for within the most recent housing code standards of the governing
code as provided for under the Pennsylvania Uniform Construction Code.
B.
The group residence shall be under the jurisdictional
and regulatory control of a governmental entity (county, state, and/or
federal).
C.
The applicant and/or operator of a group residence
shall provide written documentation from the applicable governmental
entity which certifies said group residence complies with the location,
supervised services, operation, staffing and management of all applicable
standards and regulations of the subject governing program.
D.
The applicable requirements and standards which govern
off-street parking for a single-family dwelling shall also govern
for a group residence; however, two additional off-street parking
spaces shall be provided if there is any required staffing associated
with the management and operation of a group residence.
E.
A group residence shall be operated and maintained
in the character of a residential dwelling in harmony with and appropriate
in appearance with the character of the general vicinity in which
it is to be located.
A.
A home occupation shall be subject to all of the requirements
of this chapter and the following provisions:
(1)
The occupation shall be carried on wholly indoors
and within the principal building or within a building accessory thereto.
(2)
There shall be permitted a sign, not to exceed
three feet square feet in surface area, placed flat against the building
as a wall sign, and said sign shall not be permitted above the first
story level. No other exterior display or exterior storage or any
other indication of a home occupation shall be permitted.
(3)
There shall be no maintenance of a stock in trade
or show windows or displays or advertising visible outside the premises.
(4)
No articles shall be sold or offered for sale
except those which are produced on the premises.
(5)
There shall be no repetitive servicing by truck.
(6)
No offensive noise, vibration, smoke, dust, odors,
heat or glare shall be produced.
(7)
The home occupation shall be carried on only
by members of the immediate family residing in the dwelling, plus
not more than one additional employee.
(8)
The floor area devoted to the home occupation,
regardless of where located upon the lot, shall be equivalent to not
more than 20% of the floor area of the principal residential structure,
excluding the floor area of any attached garage, hallway and closets.
B.
Among the uses that shall not constitute a home occupation
are the following; animal hospital; kennels; funeral parlors or undertaking
establishments; antique shop; restaurants; rooming, boarding, nursing
or convalescent homes; health facilities; auto repair shops, and grocery
stores.
In addition to the applicable requirements of this chapter,
all industrial activities and uses permitted by right and/or special
exception shall comply with all regulations governing odors, fumes,
dust, smoke, vibration, noise, sewage, industrial waste, fire hazards
and any other of the activities and uses with side effects that are
deemed injurious to the public health, safety and welfare by the United
States Environmental Protection Agency (EPA), the Pennsylvania Department
of Environmental Protection (DEP) and the Pennsylvania Department
of Labor and Industry. It shall be the responsibility of the applicant
to provide the Zoning Officer with a complete listing of all state
and federal regulations governing the proposed use and written compliance
from the governing agency. All industries are required to supply the
County Emergency Management Agency and the Fire Department with all
applicable MSDS sheets, emergency operations and evacuation plans.
All new junk yards and automotive wrecking yards, or the proposed
expansion of an existing junk yard and automotive wrecking yard, shall
comply with the following:
A.
Such premises shall at all times be maintained so as
not to constitute a nuisance or menace to the health of the community
or residents nearby or a place for the breeding of rodents and vermin.
B.
Burning of any materials shall be prohibited.
C.
No oil, grease, tires or gasoline shall be burned at
any time.
D.
No garbage, organic waste, rubbish, toxic materials
and hazardous materials shall be stored on such premises.
E.
Whenever any motor vehicle shall be received on such
premises as junk, all gasoline, oil, antifreeze, transmission fluid
and/or other toxic fluid or hazardous material shall be drained and/or
removed said vehicles and disposed of in a manner consistent with
the applicable rules and regulations of the Pennsylvania Department
of Environmental Protection.
F.
The storage of any combustible materials, such as gasoline,
oil or related items, shall be placed in fireproof containers and
stored within fireproof sheds.
G.
The manner of storage and arrangement of junk and the
drainage facilities on the site shall be such as to prevent the accumulation
of stagnant water upon the premises. A stormwater drainage plan shall
be required.
H.
There shall be no stockpiling of motor vehicles or
any junk piled higher than four feet.
I.
Fire lanes of a minimum width of 20 feet in width shall
be provided for every 40 linear feet of junk, which shall be kept
open and unobstructed for proper access for fire fighting equipment
and safety purposes.
J.
Junk shall not be stored within 100 feet of any adjoining
property line or nearer than 100 feet to any adjoining or abutting
street.
K.
All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article II of this chapter. The required fence shall be not closer than 10 feet to any property line.
L.
Every structure erected upon the premises and used
in connection therewith shall be of fireproof construction.
M.
All premises shall, at all times, be maintained so
as not to constitute a nuisance, or a menace to the health, safety,
and welfare of the community or to the residents nearby, or a place
for the breeding of rodents and vermin.
N.
Such premises may be open for business or any work
in connection with the storage, processing and transportation or removal
of junk only on Monday through Saturday, from 8:00 a.m. to 4:00 p.m.,
local time.
O.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
Motel and/or hotel uses shall require a minimum lot size of
not less than three acres with a lot width of not less than 200 feet.
A.
There shall be more than 10 rooms designed and utilized
to accommodate overnight guests.
B.
Fifty percent or more of the gross floor area shall
be devoted to sleeping rooms designed and utilized to accommodate
overnight guests.
C.
There may be club rooms, ballrooms, and common dining
facilities.
D.
In the case of a corner lot, access drives shall be
not less than 80 feet from the intersection of any two streets as
measured from the intersection of their right-of-way lines.
A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than the
family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and
no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business,
including, but not limited to, parking, signs or lights.
E.
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.
F.
The business activity shall not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with a residential use in the neighborhood.
G.
The business activity shall not occupy more than 25%
of the habitable floor area.
H.
The business shall not involve any illegal activity.
An outdoor wood-fired boiler shall be deemed to be an accessory
structure permitted and shall only be located within a rear yard of
a property. An outdoor wood-fired boiler shall comply with the following
standards.
A.
The property must have a lot area of not less than
two acres.
B.
A safe flue or chimney shall be provided which has
a minimum termination height of 25 feet above the natural ground level
upon which the outdoor wood-fired boiler is located and be provided
with a spark-arresting device designed and approved for that purpose.
C.
A fan or blower attached to the appliance to increase
the efficiency of the outdoor wood-fired boiler.
D.
An outdoor wood-fired boiler shall be located not less
than 200 feet from any property line and not less than 40 feet to
any principal structure or building located upon the property.
E.
The outdoor wood-fired boiler shall have an orange
hang tag that signifies that it meets the EPA's standards for Phase
1 air emission levels of 0.60 pounds of fine particulates per million
BTU heat input and qualifies for the EPS's voluntary program.
F.
All outdoor wood-fired boilers shall be installed,
operated and maintained in strict conformance with the manufacturer's
instructions and the regulations promulgated hereunder. In the event
of a conflict, the regulations promulgated within this section shall
apply unless the manufacturer's instructions more restrictive, in
which case the manufacturer's instructions shall apply.
G.
The owner of the outdoor wood-fired boiler shall produce
the manufacturer's instructions for all devices that do not conform
to the requirements of this section.
H.
All outdoor wood-fired boilers may only be utilized
for the sole purpose of furnishing heat to a structure or building
and/or providing hot water during the time period of October 1 through
May 1; and subject to meeting the requirements of this section.
I.
No homemade outdoor wood-fired boilers will be allowed.
J.
Only natural clean wood may be burned in outdoor wood-fired
boiler. Regardless of the manufacturer's instructions, an outdoor
wood-fired boiler shall not be used to burn any of the following materials:
(1)
Any material that does not meet the definition
of clean wood.
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Wet or soggy wood.
(7)
Material containing plastic.
(8)
Material containing rubber.
(9)
Waste petroleum products.
(10)
Paints and paint thinners.
(11)
Chemicals.
(12)
Any hazardous waste.
(13)
Coal.
(14)
Glossy colored paper.
(15)
Construction and demolition debris.
(16)
Plywood.
(17)
Particleboard.
(18)
Salt water driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
K.
All storage of materials to be burnt in the outdoor
wood-fired boiler shall be neatly stacked and/or stored under cover
and free from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
L.
Ashes or waste cannot be accumulated in a large area
on the property. They may be dispersed on the property as long as
no accumulation can be seen (for example: spread in a driveway). Any
large accumulation of ashes or waste must be disposed of weekly with
the owner's trash.
Outdoor storage, as defined in Article II, shall be enclosed with a chain link fence eight feet in height. A soil erosion and sedimentation control plan and stormwater drainage plan shall be required for all areas of impervious surface to be provided for such storage. A complete listing of all types of machinery, material and items to be stored therein shall be attached to the required zoning application. No hazardous substance, as so defined in Article II of this chapter, shall be permitted upon the site. Where such storage areas abuts on the side or rear property line of any R District, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the storage area from adjoining properties, shall be constructed and maintained in good condition along such boundary. In front of the fence or wall there shall also be a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
A place of worship, as so defined in Article II of this chapter, shall require a minimum lot size of not less than 25,000 square feet. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.
All such facilities shall conform to the following regulations.
A.
No outdoor recreation activity, excluding walking trails
and nature paths, shall be conducted closer than 35 feet to any property
line.
B.
Storm drainage from the site shall be channeled to
natural drainage courses and away from adjoining properties.
C.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
Where the parking area abuts the side or rear property lines
of an adjoining residential use, a fence being not less than six feet
in height along with a landscaped planting strip at least four feet
wide, planted with shrubs or trees which are not less than three feet
high at the time of planting and which are of a type that may be expected
to form a year-round dense screen at least four feet high within three
years. Outside lighting shall be directed away from adjacent properties.
Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses:
A.
Access and parking shall be provided only in relationship
to the maintenance and servicing of such facilities.
B.
A chain-link fence and locked gate eight feet in height
shall surround the building or structures of such facilities.
C.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
D.
The location, design and operation of such facilities
shall not adversely affect the character of any adjacent residential
properties.
E.
A buffer area not less than 10 feet in depth and comprised
of trees and/or shrubs designed to conceal such buildings or structures
of such facilities shall be required.
Unless superseded by the issuance of a PennDOT highway occupancy permit, access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
Unless superseded by the issuance of a PennDOT highway occupancy permit, access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. Lanes shall not cross any principal pedestrian access to the building or site. Drive-up or drive-through service lanes shall be designed in accordance with the stacking requirements of § 500-1117 of this chapter. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
In all zoning districts, a minimum setback of 100 feet from any watercourse (as defined in Article II) shall be required for any form of development and/or improvements. Stormwater detention facilities, floodproofing structures and/or similar devices shall be excluded.
A recycling collection center, as so defined in Article II of this chapter, shall be governed by the following:
A.
All materials shall be kept in appropriate containers,
with appropriate sanitary measures and frequent-enough emptying to
prevent the attraction of insects or rodents and to avoid fire hazards.
B.
Adequate provision shall be made for movement of trucks
if needed and for off-street parking.
C.
All outdoor yard areas of a recycling collection center used for the collection of recyclables shall be enclosed with a solid fence not less than six feet in height. Said fence shall be setback not less than 15 from adjoining property lines. The areas on the side of the fence facing an adjoining public right-of-way and/or property boundary shall be planted with evergreen trees. The variety or type of trees shall be subject to approval by the Zoning Hearing Board. Said trees shall be planted not more than eight feet apart and shall be not less than six feet in height at the time of planting. Said trees shall be maintained in good condition, including the replacement of any trees which are damaged, die or otherwise fail to grow. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
D.
The use shall only include the following operations:
collection, sorting, baling, loading, weighing, routine cleaning and
closely similar work. No burning or solid waste operations shall occur.
A.
No sexually oriented business, as so defined in Article II of this chapter, shall be located not less than 1,000 feet from any of the following uses:
B.
Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a "buffer area" as so defined in Article II of this chapter. The owner of the property shall be responsible to maintain such the buffer area in good condition, including the replacement of any trees, which are damaged, die, are removed by whatever means or otherwise fail to grow. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
[Amended 10-18-2023 by Ord. No. 6-2023]
Such structures shall contain a lot area of not less than 2,500
square feet for each dwelling. A minimum lot width of not less than
100 feet shall be required. Each side yard shall have a setback of
not less than 15 feet. One and one-half off-street parking spaces
shall be provided for each unit. This section shall not apply to single
structures with multifamily dwellings in the C-1 Neighborhood Commercial
District, except that one and one-half off-street parking spaces shall
be provided for each unit.
Townhouses shall be subject to the following provisions and
all applicable provisions of the Nanticoke City Subdivision and Land
Development Ordinance:[1]
A.
The maximum density for a townhouse development shall
not exceed 12 dwelling units per gross acre.
B.
Minimum lot width shall be 200 feet.
C.
Maximum percentage of building coverage on a lot per
dwelling unit, exclusive of common or public open areas, shall be
40%.
D.
Minimum lot depth per dwelling unit shall be not less
than 100 feet.
E.
Minimum lot area per dwelling unit shall be not less
than 2,000 square feet.
F.
Minimum front yard setback shall be not less than 30
feet.
G.
No side yard setbacks shall be required for attached
interior townhouse units. A minimum side yard setback of not less
than 15 feet shall be required only at the ends of the rows of townhouses.
H.
Minimum rear yard setback shall be not less than 30
feet.
I.
Minimum width of each dwelling unit shall be not less
than 20 feet.
J.
Maximum building height shall be 2 1/2 stories
or 35 feet.
K.
Minimum distance between principal structures shall
be not less than 30 feet.
L.
Minimum front yard setback for off-street parking areas
shall be not less than 10 feet.
M.
Minimum rear yard setbacks for off-street parking areas
shall be not less than 15 feet.
N.
Two off-street parking spaces shall be provided for
each dwelling unit.
O.
Unattached accessory structures such as pools, garages,
carports and sheds shall be prohibited in the front yard. Unattached
accessory structures located in the side or rear yard shall have not
less than five feet side and rear yard setbacks. Attached accessory
structures shall have the same setbacks as required for principal
structures.
All materials shall be stored within a completely enclosed building
and yard areas shall be kept clear of junk, trash or other types of
debris. No warehouse activities, including parking and/or loading
areas, shall be allowed within 50 feet of any property line.
These facilities may be a building or group of buildings in
a controlled-access and fenced compound, containing varying sizes
of individual compartmentalized and controlled-access stalls or lockers
for dead storage of customers' goods and personal property, with storage
space available for rental to the general public. All storage shall
be contained within a completely enclosed building or buildings. There
shall be a minimum spacing of 25 feet between buildings for traffic
circulation, parking and fire lane purposes. All outside lighting
shall be directed away from adjacent properties.
A.
Design and installation.
(1)
Design safety certification. The design of a
small WECS shall conform to applicable industry standards, including
those of the American National Standards Institute. The applicant
shall submit certificates of design compliance obtained by the equipment
manufacturer's from Underwriters Laboratories, Det Norske Veritas,
Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
(2)
All components of a small WECS shall be designed
and constructed to be in compliance with pertinent provisions of the
Pennsylvania Uniform Construction Code Uniform.
(3)
Controls and brakes. A small WECS 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.
(4)
Electrical components.
(a)
All electrical components of a small WECS shall
conform to relevant and applicable local, state, and national codes,
and relevant and applicable international standards.
(b)
The maximum turbine power output shall be limited
to 10 KW.
(c)
All on-site electrical wiring associated with
the system shall be installed underground except for "tie-ins" to
a public utility company and public utility company transmission poles,
towers and lines.
(d)
A small WECS shall not cause disruption or loss
of radio, telephone, television or similar signals, and shall be required
to mitigate any harm caused by the operation of the system.
(e)
At least one sign shall be posted on the tower
at a height of five feet warning of electrical shock or high voltage
and harm from revolving machinery. No brand names, logo or advertising
shall be placed or painted on the tower, rotor, or generator where
it would be visible from the ground, except that a system or tower's
manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
(f)
Anchor points for any guy wires for a small WECS
shall be located within the property that the system is located on
and not on or across any above ground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
from three to eight feet above the ground.
B.
Visual appearance.
(1)
A visual analysis of a small WECS as intended
to be installed shall be provided with conditional use. The visual
analysis shall include a computerized photographic simulation, demonstrating
the visual impacts from nearby strategic vantage points.
(2)
Exterior lighting on any structure associated
with the system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
(3)
A small WECS's tower and blades shall be painted
a nonreflective, unobtrusive color that blends the system and its
components into the surrounding landscape to the greatest extent possible
and incorporate nonreflective surfaces to minimize any visual disruption.
(4)
A small WECS shall be designed and located in
such a manner to minimize adverse visual impacts from public viewing
areas (e.g., public parks, roads, trails). To the greatest extent
feasible, the system:
C.
Lot size, setback and height requirements.
(1)
A small WECS shall be located on a lot with
a minimum size of not less than two acres.
(2)
The maximum turbine height for a small WECS that
is installed as a freestanding structure shall be as follows:
(3)
Setback requirements. A small WECS that is installed
as a freestanding structure shall not be located closer to a property
line than 2.5 times the turbine height as measure from the center
of the base and/or concrete bad to which it is attached.
(4)
Only one small WECS per legal lot shall be allowed.
D.
E.
Nuisance issues.
(1)
Audible sound from a small WECS shall not exceed
50 dBA, as measured at the perimeter of any property boundary line
upon the property which it is located. Methods for measuring and reporting
acoustic emissions from the operations of a small WECS 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 the Acoustic Emissions from Wind Turbine Generation Systems Volume
I: First Tier."
(2)
Reasonable efforts shall be made to preclude
shadow flicker to any building off-site located upon a property not
owned by the owner of the small WECS.
F.
Abandonment. A small WECS which is not used for 12
successive months shall be deemed abandoned and shall be dismantled
and removed from the property at the expense of the property owner.
A.
Information to be submitted. The applicant for a wind
energy facility shall be required to submit the following information:
(1)
The applicant and landowner's name and contact
information. Please note that the conditional use application must
be signed by both the applicant and the landowner, regardless of any
equitable interest or other documentation held by the applicant. Failure
to provide an application bearing both signatures will be deemed to
be an incomplete submission and shall represent a basis for denying
the application.
(2)
The tax map numbers, existing use and acreage
of the site parcel.
(3)
A copy of the deed to the property.
(4)
A narrative describing the proposed wind energy
facility, including an overview of the project; the project location;
the generating capacity of the wind energy facility; the number, representative
types and height of wind turbines to be constructed, including their
generating capacity, dimensions and respective manufacturers, and
a description of ancillary facilities.
(5)
A survey map at an appropriate scale showing
the proposed location of the wind energy facility (including access
roads) as it relates to the boundaries of the parcel, adjacent ownerships
and existing residences, schools, churches, hospitals, libraries,
federal, state, county or local parks, and recognized historic or
heritage sites within a distance of 2,000 feet or less from any property
boundary.
(6)
Standard drawings of the wind turbine structure,
including the tower, base and footings, drawings of access roads,
and including an engineering analysis and certification of the wind
turbine, showing compliance with the applicable City Building Code.
(7)
The make, model, picture and manufacturer's specifications,
including noise decibels for all level of frequencies. Data pertaining
to the wind turbine's safety and stability, including safety results
from test facilities. The design of the wind energy facility shall
conform to 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 Llloyd
Wind Energies, or other similar certifying organizations.
(9)
A project visibility map, based on a digital
elevation model, showing the impact of topography upon visibility
of the project from other locations, to a radius of three miles from
the center of the project. The scale used shall depict the three-mile
radius as no smaller than six inches, and the base map used shall
be a published topographic map showing man-made features, such as
roads and buildings.
(10)
No fewer than four, and no more than the number
of proposed individual wind turbines, plus three color photos, no
smaller than eight inches by 10 inches, taken from locations within
a three-mile radius from the site and to be selected by the City Council,
and computer-enhanced to simulate the appearance of the as-built site
facilities as they would appear from these locations.
(11)
Copies of all proposed leases required to be
secured by the applicant shall be provided, if the applicant is not
the sole owner of the parcel or parcels on which the wind energy facility
is proposed to be constructed. Boundaries of said leases shall be
clearly illustrated upon the site plan.
(12)
Copies of all easements, existing and proposed,
upon the site shall be provided by the by the applicant. Said easements
shall be clearly illustrated upon the site plan.
(13)
Identification of the properties on which the
proposed wind energy facility will be located, and the properties
adjacent to where the wind energy facility will be located, including
the name and mailing address of the owners of record.
B.
Approval standards. In addition to all other applicable
criteria and requirements for approval of a conditional use as set
forth in this chapter, the following standards shall apply:
(1)
The minimum distance between the ground and any
part of the rotor blade system shall be 30 feet.
(2)
To limit unauthorized access, a fence eight feet
high with a locking portal shall be placed around the base of the
tower of a wind turbine. Towers shall be constructed to provide one
of the following means of access control, or other appropriate method
of access:
(3)
Wind energy facilities shall not be artificially
lighted, except to the extent required by the FAA or other applicable
authority.
(4)
All wind turbines shall have an automatic braking,
governing or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades and turbine
components. Mechanical brakes shall be operated in a fail-safe mode.
Stall regulation shall not be considered a sufficient braking system
for overspeed protection.
(5)
All power transmission lines from a wind turbine
to on-site substations shall be underground.
(6)
Prior to issuance of a building permit, the applicant
shall provide the City proof of a level of insurance to be determined
by the City Council in consultation with the City's insurer, to cover
damage or injury that might result from the failure of a tower or
towers of a wind turbine or any other part or parts of the generation
and transmission facility. Said insurance must be maintained for the
life of the wind energy facility, until such time that all components
of the wind energy facility are decommissioned and/or removed.
(7)
Appropriate warning signs shall be posted. At
least one sign shall be posted at the base of the tower warning of
electrical shock or high voltage. A sign shall be posted on the entry
area of fence around each wind turbine or group of towers and any
building, containing emergency contact information, including a local
telephone number with twenty-four-hour, seven days a week coverage.
(8)
Any wind energy facility found to be unsafe by
the local enforcement officer or agent of the City shall be repaired
by the owner to meet federal, state and local safety standards or
removed within six months. If any wind energy facility is not operated
for a continuous period of 12 months, the City will notify the landowner
by registered mail and provide 45 days for a response. In such a response,
the landowner shall set forth reasons for the operational difficulty
and provide a reasonable timetable for corrective action. If the City
deems the timetable for corrective action as unreasonable, they must
notify the landowner and such landowner shall remove the turbine within
120 days of receipt of notice from the City.
(9)
The owner of a wind energy facility shall have
it inspected at least every two years for structural and operational
integrity by a licensed professional engineer, and shall submit a
copy of the inspection report to the City. If such report recommends
that repairs or maintenance are to be conducted, the owner shall provide
written to the City with a written schedule for the repairs or maintenance.
(10)
A wind energy facility shall comply with all
applicable provision under the Pennsylvania Uniform Construction Code
and shall secure a building permit from the City of Nanticoke.
C.
Siting and installations. A wind energy facility shall:
(1)
Use existing roads to provide access to the facility
site, or if new roads are needed, minimize the amount of land used
for new roads and locate them so as to minimize adverse environmental
impacts.
(2)
Combine transmission lines and points of connection
to local distribution lines.
(3)
Connect the facility to existing substations,
or if new substations are needed, minimize the number of new substations.
(4)
All wiring between wind turbines and the wind
energy facility substation shall be underground.
(5)
The wind power generation facility, if interconnected
to a utility system, shall meet the requirements for interconnection
and operation as set forth in the electric utility's then-current
service regulations applicable to wind power generation facilities
and shall provide evidence of a signed interconnection agreement,
or letter of intent, with the interconnecting utility company.
D.
Setbacks:
(1)
The minimum setback distance between each wind
turbine and overhead utility or transmission lines, other wind turbine,
electrical substations, meteorological towers, and public roads shall
be equal to no less than 1.1 times the sum of proposed structure height
plus the rotor radius.
(2)
The minimum setback distance for each wind turbine
to any property line shall be not less than 1,500 feet.
(3)
The minimum setback distance for each wind turbine
to off-site structures shall be not less than five times the hub height,
as measured from the center of the wind turbine base to the nearest
point on the foundation of an off-site structures or 1,500 feet, whichever
is greater.
(4)
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.
(5)
Each wind turbine shall be set back from the
nearest aboveground public electric power line or telephone line a
distance no less than 1.1 times its total height, determined from
the existing power line or telephone line.
E.
Nuisance issues:
(1)
Individual wind turbines shall be located so
that the level of noise for all level of frequencies produced by wind
turbine operation shall not exceed 50 dBA, measured at all points
of the site's property line. 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."
(2)
No individual wind turbine shall be installed
in any location where its proximity with fixed broadcast, retransmission
or reception antenna for radio, television or wireless phone or other
personal communications systems would produce electromagnetic interference
with signal transmission or reception.
(3)
Reasonable efforts shall be made to preclude
shadow flicker to any building on a nonparticipating landowner's property.
F.
Environmental and visual:
(1)
Wind energy facilities shall not be used for
displaying any advertising except for reasonable identification of
the manufacturer or operator of the wind energy facility.
(2)
The design of the wind turbines buildings and
related structures shall, to the extent reasonably possible, use materials,
colors, textures, screening and landscaping that will blend the facility
into the natural setting and existing environment.
(3)
Where wind characteristics permit, wind turbines
shall be set back from the tops of visually prominent ridgelines to
minimize the visual contrast from any public access.
(4)
The maximum turbine height, as so defined in
this chapter, shall not exceed 300 feet.
(5)
Wind turbines shall be designed and located to
minimize adverse visual impacts from neighboring residential areas,
to the greatest extent feasible.
(6)
Avoid, to the extent practicable, the creation
of artificial habitat for raptors or raptor prey, such as a) electrical
equipment boxes on or near the ground that can provide shelter and
warmth, b) horizontal perching opportunities on the towers or related
structures or c) soil where weeds can accumulate.
(7)
A wind turbine shall be set back at least 1,500
feet from any bodies of water including but not limited to lakes,
ponds, streams, creeks and rivers.
(8)
All reasonable efforts shall be made to avoid development of sites which contain wetlands. Wind turbine shall be set back not less than 1.1 times the turbine height, from identified wetlands and its delineated boundaries. The above setback distance may be altered based upon the findings under § 500-705, Environmental impact statement, of this chapter.
(9)
Wind energy facilities shall provide conclusive
documentation that the location and operation of the proposed facility
will not adversely affect the wild life habitat, including but not
limited to bats and birds of the region and associated migration routes.
Comments from any state and/or federal agency having a jurisdictional
review or stewardship over the protection of wildlife shall be required.
G.
Decommissioning and restoration requirements. A wind
energy facility and all related components necessary for its operation
shall be removed from the site upon its cessation of use. The applicant
shall include the following information regarding decommissioning
and removal of the wind energy facility and restoring the site:
(1)
The anticipated and/or estimated life of the
project;
(2)
The estimated decommissioning costs in current
dollars;
(3)
The method and schedule for updating the costs
of decommissioning and restoration;
(4)
The method of ensuring that funds will be available
for decommissioning and restoration;
(5)
The anticipated manner in which the project will
be decommissioned and the site restored.
(6)
The applicant shall provide an appropriate and
adequate demolition bond to the City of Nanticoke for purposes of
removing the commercial communications tower in case the applicant
fails to do so as required above. Proof of this bond shall be provided
each year and shall be a continuing condition for the life of the
project.
(7)
The sufficiency of the demolition bond shall
be confirmed at least every five years by an analysis and report of
the cost of removal and property restoration to be performed by a
licensed professional engineer, the cost of same to be borne by the
applicant. If said analysis and report determines that the amount
of the bond in force is insufficient to cover the removal, disposal
and restoration costs, the bond shall be increased to the amount necessary
to cover such costs within 10 days of the applicant's receipt of such
report.
