Township of Penn Forest, PA Article IV Districts

§ 240-27 Designation of districts and purposes.

[Amended 11-17-2022 by Ord. No. 1-2022; 3-2-2026 by Ord. No. 1-2026]

A. For the purpose of this chapter, Penn Forest Township is hereby divided into the following zoning districts, with the following abbreviations:

R-1	Rural Residential District
R-2	Low-Density Residential District
R-3	Medium-Density Residential District
C-1	Highway Commercial District
C-1A	Highway Commercial A District
C-2	Neighborhood Commercial District
I-1	Industrial District

B. For the purposes of this chapter, the zoning districts named in § 240-27A shall be of the number, size, shape and location shown on the Official Zoning Map.

C. For the purpose of this chapter, the following overlay zoning districts shall be established:

(1) DC Data Center Overlay District. The DC Data Center Overlay District shall be an optional district that overlays the underlying zoning district. An applicant shall have the option of developing property in accordance with either the DC Overlay District standards or the underlying district standards.

D. See Chapter 110, Floodplain Management, of the Code, which regulates flood-prone areas.

E. Purposes of each district. In addition to serving the overall purposes and objectives of this chapter, each zoning district is intended to serve the following purposes:

(1) R-1 Rural Residential District. To provide for neighborhoods that are primarily composed of single-family detached dwellings while maintaining a rural density. To protect these areas from incompatible uses. To conserve significant important natural features, such as wetlands, mountainsides, ridgelines, creeks, flood-prone lands and steeply sloped areas. To vary density based upon the natural features of the land. To protect the water quality and habitats along creeks and around lakes, and promote groundwater recharge. To provide incentives and a certain amount of flexibility in lot layout through conservation-oriented development so that development can be clustered on the most suitable portions of a tract of land, while avoiding overly intense development.

(2) R-2 Low-Density Residential District. To serve the same purposes as the R-1 District, but with a low-density suburban density.

(3) R-3 Medium-Density Residential District. To provide for medium-density residential neighborhoods that are composed of various housing types. To protect these areas from incompatible uses.

(4) C-1 Highway Commercial District. To provide for a wide range of commercial uses, particularly in areas that are not historic, not within a downtown or not adjacent to residential neighborhoods.

(5) C-2 Neighborhood Commercial District. To provide for a mix of housing and light business uses in a manner that avoids conflicts between homes and intensive commercial uses. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system.

(6) I-1 Industrial District. To provide for industrial uses in a manner that is compatible with any nearby homes and the surrounding environment. To carefully control the types of industrial operations to avoid nuisances and environmental hazards. To also provide opportunities for mineral extraction/quarrying uses. To meet the Township's legal obligation to have locations that allow for certain intensive uses.

(7) C-1A Highway Commercial A District. To serve the same purposes as the C-1 District, and to also assist in meeting the Township's legal obligations to allow for warehousing and distribution center uses.

(8) DC Data Center Overlay District. To provide for the orderly and efficient development of data centers and data center accessory uses. To protect the public health, safety, and welfare of residents by establishing environmental, performance, and other standards, including, but not limited to, standards for noise, vibration, water use, energy use, and natural resource protection.

§ 240-28 Application of district regulations.

A. The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

B. No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.

C. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

D. Boundary change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be automatically classified as the R-1 Zoning District until or unless such territory is otherwise classified by amendment of this chapter.

§ 240-29 Zoning Map.

A. A map entitled "Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," one copy shall be retained in the Township Zoning Office.

B. Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code.[1] All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

C. Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected or to add updated base information, the Board of Supervisors may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.

§ 240-30 District boundaries.

The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:

A. District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.

B. Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.

C. The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the Zoning Map unless indicated otherwise by dimensions.

D. Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.

§ 240-31 Setbacks across municipal boundaries.

A. Intent. To continue the objective of compatible land uses across municipal boundaries.

B. This § 240-31 applies if a use is developed on land under this chapter and the adjacent land is in a municipality that is not regulated by this chapter. In such case, if the use is required to provide a larger setback and/or a buffer yard adjacent to a dwelling or a residential district, and the dwelling or residential district is in an adjacent municipality, the use shall still be required to provide the larger setback and/or buffer yard.

§ 240-32 Table of allowed uses in each zoning district.

[Amended 9-2-2025 by Ord. No. 2025-1]

A. For the purposes of this § 240-32, the abbreviations accompanying the table shall have the meanings indicated.[1]

[1] Editor's Note: The Table of Uses Allowed in Each Zoning District, which is adopted by this section, is included as an attachment to the chapter. See Attachment 1 – Table 306-B-1 Uses Allowed in Each Zoning District.

B. Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 240-11B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.

(1) See § 240-11B, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 240-11B, any other principal use that is not specifically listed as P or SE in the applicable district in this table is prohibited in that district.

(2) For temporary uses, see § 240-9.

(3) For manufacturing uses, the types of uses listed in this section correspond approximately to the categories of the North American Classification System, administered by the U.S. Department of Commerce. In case of question about the categorization, such system shall be consulted.

C. Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 240-43 and all other requirements of this chapter:

(1) Standard antennas, including antennas used by contractors to communicate with their own vehicles***.

(2) Fence* or wall***.

(3) Garage, household.

(4) Garage sale***.

(5) Pets, keeping of***.

(6) Parking or loading, off-street, only to serve a use that is permitted in that district.

(7) Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.

(8) Residential accessory structure (see definition in Article III)***.

(9) Signs, as permitted by Article VIII

(10) Swimming pool, household***.

(11) Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

(12) Solar energy facility, accessory.

***	See standard for each in § 240-43.

D. Permitted accessory uses to business and institutional uses. The following are permitted-by-right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:

(1) Storage of fuels for on-site use or to fuel company vehicles.

(2) The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

(a) Internal cafeteria without drive-through service;

(b) Day-care center; or

(c) Recreational facilities.

(3) Bus shelters meeting § 240-43.

(4) Automatic transaction machine.

(5) Storage sheds meeting the requirements of § 240-33A.

§ 240-33 Dimensional requirements in each district and site capacity.

[Amended 9-2-2025 by Ord. No. 2025-1; 3-2-2026 by Ord. No. 1-2026]

A. The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by § 240-42 or 240-43 or another section of this chapter.[1] For subdivisions on tracts with 10 acres of net buildable site area or more involving Conservation Subdivision Design, the dimensional requirements in § 240-39G and setback requirements in § 240-39H shall apply. For data centers and data center accessory uses, the dimensional requirements of the Data Center Overlay District shall apply. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 240-26.

[1] Editor's Note: The Table of Dimensional Requirements in Each District and Site Capacity is included as is an attachment to this chapter. See Attachment 2 – Dimensional Requirements in Each District and Site Capacity.

B. Height. Except as provided in § 240-62, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:

(1) Any structure that is accessory to a dwelling on a lot of less than three acres shall have a maximum height of one story (which may also include an attic area limited to storage) or 26 feet, whichever is more restrictive,

(2) The maximum height for any other structure shall be three stories or 38 feet, whichever is more restrictive.

C. Accessory structures and uses.

(1) Accessory structures and uses shall meet the minimum yard setbacks provided for in § 240-33A, unless otherwise provided for in this chapter, including this section § 240-33C.

(2) The minimum side and rear yard setback apply for a permitted detached structure that is accessory to a dwelling shall be five feet, except in the following cases:

(a) A new detached accessory building shall be set back a minimum of 10 feet from a dwelling on the same lot.

(b) A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.

(c) See Note D above considering porches or decks in front yard setbacks.[2]

[2] Editor's Note: Note D is a note on the Table of Dimensional Requirements in Each District and Site Capacity, which is an attachment to this chapter. It reads: "Setbacks shall be measured from the future/ultimate right-of-way. An unenclosed front porch or deck may intrude up to 10 feet into the minimum front yard. This porch or deck may be covered by a roof."

(d) See § 240-43 for swimming pools.

(3) No accessory building and no swimming pool shall be allowed in the minimum front yard.

D. Natural resource and site capacity calculations for residential subdivisions and land developments.

(1) Applicability. This section shall only apply if: (a) a new lot is proposed to be created that would allow the construction of one or more new dwellings; (b) a new land development is proposed that will involve three or more new dwelling units; or (c) a project is a Planned Residential Development (PRD). The purpose of this section is to determine the maximum total allowed density of development for each tract of land, based upon the land's characteristics. All applicants regulated by this section shall:

(a) Include maps delineating the natural resources and a table demonstrating compliance with this § 240-33D; and

(b) Meet the other requirements of this § 240-33D.

(2) Exceptions. This § 240-33D shall not apply in any of the following situations:

(a) The application only involves an adjustment to the lot lines of an existing lot or the merger of two or more existing lots;

(b) A maximum of two new lots that will allow new buildings are in such application, and each such lot will have a lot area of three acres or more and only involve single-family detached dwellings or agricultural uses; or

(c) The total lot area is two acres or less, prior to any subdivision.

(3) The following natural resource and site capacity calculations shall be submitted:

(a) Base site area. Certain portions of land that are less suitable for development are required to be subtracted from the total land area to determine the base site area.

[1]	Site area as determined by an accurate survey	_____Ac.
[2]	Subtract land within any ultimate right-of-way of an existing road where an ultimate right-of-way is required under Chapter 320, Subdivision and Land Development, and subtract rights-of-way of existing roads based upon the width that is proposed to exist after completion of the subdivision or land development.	_____Ac.
[3]	Subtract land within easements or rights-of-ways for electric transmission lines with an intended capacity of 35 kilovolts or greater.	_____ Ac.
[4]	Subtract land which is not adjacent (lands that are only separated by one street, alley, waterway or railroad shall be considered adjacent).	_____ Ac.
[5]	Subtract land located in another municipality.	_____ Ac.
[6]	Subtract land which is already protected from development by an existing deed restriction or conservation easement.	_____ Ac.
[7]	Subtract land in a different zoning district, which shall be calculated separately.	_____ Ac.
	= BASE SITE AREA	_____ Ac.

(b) Resource protection ratios. Portions of a site which have overlapping resource protection restrictions shall be subject to the highest natural resource protection ratio and shall be calculated only once.

(c) Resource protection lands. The applicant shall utilize the following natural resource protection ratios for each resource and the acreage of each resource within the base site area to complete the following table. This completed table shall then be submitted with a subdivision or land development plan and shall be revised as necessary based upon review by the Township. The table shall be completed to the nearest three decimal places (such as 2.221 acres).

Resource	Natural Resource Protection Ratio for Resource	Acres of Land in Resource	Acres of Resource Protection Land (Acres of Land in Resource multiplied by Natural Resource Protection Ratio)
Floodplains	1.00	X	=
Lakes and Ponds	1.00	X	=
Wetlands	1.00	X	=
Steep slope (15% to 25%)	0.50	X	=
Steep slope (greater than 25%)	0.85	X	=
			__________
Total Resource Protection Land in Acres =

(d) Determination of site capacity.

[1]	Take base site area from above.	_____ Ac.
[2]	Subtract resource protection land from Subsection D(3)(c) above.	_____ Ac.
[3]	Results in net buildable site area	_____ Ac.
For any residential use where there are provisions in § 240-33 or 240-42 for the applicable zoning district that specify a minimum average lot area per dwelling unit:
[4]	State the net buildable site area (from § 240-33D(3)(d)[3] above)	_____ Ac.
[5]	Multiply [4] by 43,560 square feet	_____ Sq. Ft.
[6]	Divide [5] by the minimum average lot area per dwelling unit for the use/zoning district. See the requirements of § 240-33A.	_____
[7]	Equals: The maximum allowable number of dwelling units on the site =	_____ D.U.
For any residential use where there are provisions in § 240-33 or 240-42 for the applicable zoning district that specify a minimum lot area per dwelling unit:
[8]	Take: net buildable site area (from § 240-33D(3)(d)[3] above)	_____ Ac.
[9]	Multiply [8] by 43,560 square feet	_____ Sq. Ft.
[10]	Divide [9] by the minimum lot area per dwelling unit for the use/zoning district in square feet. See the requirements of § 240-33A.	_____
[11]	Equals: The maximum allowable number of dwelling units on the site =	_____ D.U.
For PRDs, which have their total maximum number of dwelling units determined under § 240-38J(4) by multiplying the net buildable site area by the maximum density.
[12]	Take net buildable site area (from § 240-33D(3)(d)[3] above) in acres.	_____ Ac.
[13]	Multiply [12] by the maximum density in § 240-38J(4) for the zoning district.	_____
[14]	Equals: The maximum allowable number of dwelling units on the site =	_____ D.U.
For Conservation Subdivision Design Option 1, which has its total maximum number of dwelling units determined under § 240-39E by multiplying the net buildable site area by the Option 1 density factor.
[15]	Take net buildable site area (from § 240-33D(3)(d)[3] above) in acres.	_____ Ac.
[16]	Multiply [15] by the Option 1 density factor in § 240-39E for the zoning district.	_____
[17]	Equals: The maximum allowable number of dwelling units on the site =	_____ D.U.
For Conservation Subdivision Design Option 2, which has its total maximum number of dwelling units determined under § 240-39E by multiplying the Base Site Area by the Option 2 density factor.
[18]	Take the base site area [from § 240-33D(3)(a) above] in acres.	_____ Ac.
[19]	Multiply [18] by the Option 2 density factor in § 240-39E for the zoning district.	_____
[20]	Equals: The maximum allowable number of dwelling units on the site =	_____ D.U.

Note: The Township does not guarantee that the above number of dwelling units will actually be possible on a particular site, after considering all other requirements.

E. Required buildable areas on a new lot. This § 240-33E shall apply for any proposed new lot intended to be used for a new principal building, with the exception of lots in a Conservation Subdivision Design, which shall comply with § 240-39.

(1) If such lot is required to have a minimum lot area of two acres or greater, then such lot shall include a contiguous land area including a minimum of one acre that includes the proposed site of all building(s) and that does not include any of the following features: 100-year floodplains, lakes, ponds, perennial waterways and wetlands.

(2) If such lot is required to have a minimum lot area of 1/2 acre or greater, but less than two acres, then such lot shall include a contiguous land area including a minimum of 1/2 acre that includes the proposed site of all building(s) and that does not include any of the following features: 100-year floodplains, lakes, ponds, perennial waterways and wetlands.

§ 240-34 Wetlands and floodplains.

[Amended 9-2-2025 by Ord. No. 2025-1]

A. Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the Township. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional.

B. Wetland setbacks. This § 240-34B shall only apply to an application that is submitted to the Township after the effective date of this chapter for approval for creation of a new lot. A minimum setback of 20 feet shall be required between any new principal building for which a building permit is issued after the effective date of this chapter and any delineated "wetland" actually known to the Zoning Officer, except that for Conservation Subdivision Design development the setback shall be a minimum of 100 feet.

C. Floodplain setbacks. This § 240-34C shall only apply to an application that is submitted to the Township for approval for creation of a new lot as part of a Conservation Subdivision Design development. For such development, a minimum setback of 100 feet shall be required between any new principal building for which a building permit is issued after the effective date of this section and any delineated 100-year floodplain.

§ 240-35 Septic systems.

A. On-lot septic systems.

(1) Purpose. To ensure that a suitable location is available for a new septic system if the original septic system should malfunction.

(2) This § 240-35A shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter.

(3) Each new lot shall include both a primary and a reserve septic system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.

(4) The requirement for a reserve septic system location shall not apply to the following:

(a) A lot of over 10 acres;

(b) The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot'

(c) A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot;

(d) Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township; or

(e) Existing lots of record.

(5) The reserve septic system location shall be kept clear of buildings and parking, and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.

B. Well and septic system locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or septic system shall designate the proposed well and primary and alternate (if required) septic system locations.

(1) Such plan shall show that the proposed locations will meet the minimum isolation distances established by PA DEP regulations between a well and septic systems on the subject lot and all adjacent lots.

(2) A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.

(3) If the well or septic system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of the building permit.

(4) It is requested that well sites be placed in the front yard, thereby allowing septic systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between septic systems and wells.

C. Expansion of septic use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would be expected to result under PA DEP standards in increased flow to a septic system (such as addition of bedrooms), then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.

§ 240-36 Steep slopes.

[Amended 9-2-2025 by Ord. No. 2025-1]

A. Purposes. The following provisions are primarily intended to avoid erosion, sedimentation, stormwater management and winter driving hazards, particularly considering the Township's climate, in addition to serving the overall purposes of this chapter.

B. Regrading. Non-man-made slopes 15% or greater shall not be regraded after the adoption of this chapter in such a manner that circumvents the requirements of this chapter. This section shall not regulate slopes that were clearly man-made prior to the adoption of this chapter.

C. Slopes over 25%. A new principal building shall not be located on a slope greater than 25%, and in the case of Conservation Subdivision Design, shall also be setback a minimum of 100 feet from the area of slopes greater than 25%.

D. Single-family dwellings and steep slopes. The following provisions shall only apply to any lot that is submitted for preliminary subdivision approval after the effective date of this section, or which is submitted for final subdivision approval if a preliminary plan submittal was not required, if the lot contains areas with slopes of 15% or greater that may be disturbed, except that lots proposed as part of a Conservation Subdivision Design shall be laid out in accordance with the Four-Step Design Process specified in § 210-26.1 of the Subdivision and Land Development Ordinance and any dwelling shall be setback a minimum of 50 feet from the area with steep slopes of 15% or greater:

(1) Any lot proposed to be used for a single-family detached dwelling shall designate a proposed "building area" with a minimum of 3,000 square feet of land area. Such building area shall be part or all of the land areas within the proposed "building envelope," and shall not include land area within minimum setback areas. Such building area shall contain the proposed location of the dwelling. The dwelling shall be built within the proposed building area shown on the plan, except as may be approved under § 240-36F.

(a) If such building area for each lot includes more than 1,000 square feet of land area with a slope of 15% or greater, then the minimum lot area shall be one acre, unless a larger lot area is required by another section of this chapter.

(b) Through designations on the Township-approved site plan, an applicant may limit the area upon which new principal buildings are permitted. By committing to not place a principal building on slopes 15% or greater, the applicant can avoid the larger lot size requirement of this subsection.

(2) Access. Each lot shall be accessible from an existing or proposed street by means of a driveway with a maximum grade of 15%.

(3) For the purposes of this section, "building area" shall mean an area where the proposed dwelling is proposed to be located and which does not include areas within required minimum setbacks, and which is used to determine compliance with the slope regulations of this section.

E. Steep slopes and other uses. A lot shall only be used for a building for principal uses other than single-family detached dwellings if the proposed "building area" includes an average slope of less than 15%.

(1) For such uses, the "building area" shall include locations of all proposed buildings and parking areas and outdoor storage areas and an area 20 feet around buildings, parking and storage areas. Such building area shall also contain the proposed locations of any primary and alternate on-lot septic systems.

(2) Access. Each principal building and each parking area shall have vehicle access from an existing or proposed street by means of a driveway with a maximum grade of 10%.

F. Changes to building area. The "building area" may show the outer extent of areas being considered for a proposed building, without showing an exact location, provided all of those potential areas still meet the requirements of this section. An applicant may change the proposed building area after subdivision approval is granted, provided that the applicant proves that the new building area will still comply with this section. However, the building area shall not be so large as to attempt to circumvent the average slope provisions of this section that apply to a building site.

G. Site plan and tree protection. If an applicant proposes to alter or build upon slopes of 15% or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan.

(1) Site plan. The site plan shall show:

(a) The proposed lot lines;

(b) The existing and proposed contours; and

(c) Existing and proposed building locations, and the outer perimeter of the proposed building area as described above.

(2) Mature trees. Where building or alteration is proposed on slopes of 15% or greater, the applicant shall prove to the satisfaction of the Zoning Officer that the removal of healthy trees with a trunk width of over six inches (measured at a height 4.5 feet above the ground level) and other attractive natural vegetation will be minimized. The Zoning Officer may ask for reviews by the Township Engineer or Planning Commission. The site plan shall show wooded areas to be removed or preserved, and methods to be used to make sure trees are protected by temporary fences or other measures during the construction process.

§ 240-37 Age-restricted residential development.

A. This § 240-37 provides a density bonus, where allowed by § 240-32, for a residential development that is age restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. (Note: As of 2009, such provisions were in 42 U.S.C. § 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by-right bonus in any zoning district where dwellings are allowed.

B. In order to be approved by the Township as age-restricted residential development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: (1) a minimum of one head of household of each dwelling unit shall be age 55 years or older or who is physically disabled as defined by the Americans With Disabilities Act; and (2) no person under age 18 shall live in the dwelling unit for more than 60 days in any calendar year, unless such person has a disability as defined under the Americans With Disabilities Act. Any violation of such age restrictions shall be a violation of this chapter. In addition, in order to be approved as age-restricted development, the applicant shall establish an appropriate legal entity, such as a property owner association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.

C. If an entire residential development is approved under this § 240-37, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this § 240-37. The minimum side yards may also be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances, including limitations on the housing types allowed in that zoning district.

D. This density bonus shall only be approved if the development includes an appropriate system of sidewalks or pathways that is accessible under the Americans With Disabilities Act.

§ 240-38 Additional requirements for planned residential development (PRD).

[Amended 9-2-2025 by Ord. No. 2025-1]

A. Purposes. It is the purpose of this article to encourage and promote flexibility and ingenuity in the layout and design of large new developments, enabling the developer to provide a variety of housing types and appropriate nonresidential uses, while using open space areas to protect the environment and provide recreation through the approval of a Planned Residential Development by the Board of Supervisors. To meet these ends, procedures combining the administration of zoning and subdivision approval have been developed for use in PRDs.

B. Applicability and eligibility. A PRD shall be permitted by conditional use on a tract which, on the effective date of this chapter, meets all of the following eligibility criteria:

(1) Is located within the R-2 Low-Density Residential District; and

(2) Has a minimum tract size of 100 acres; and

(3) Has frontage on PA 903 or PA 534.

C. PRD approval. Any landowner, as defined in the Pennsylvania Municipalities Planning Code, of an eligible tract may request the approval of a planned residential development on such eligible tract. Such approval by the Supervisors shall be in accordance with this section upon approval of a tentative plan.

D. Densities and uses.

(1) The density, impervious surface ratio, and open space ratio of PRDs shall be those allowed for in this section. The density shall be that of the district in which the land lies. Where land is in two districts, density shall be calculated using the proportion of the site in each district to arrive at composite density for the entire site.

(2) The uses shall be those indicated in § 240-38J. Nonresidential uses, except recreational uses, public schools, residential accessories such as garages, and uses belonging to the homeowners' association, shall be limited to an area less than 5% of the total site area. Land devoted to nonresidential uses, as defined in this section, shall not be used to calculate density. Such nonresidential uses shall be surrounded by a buffer yard of 50 feet.

E. Common open space. Common open space shall meet the "open space, common" definition in § 240-26.

F. Application procedure. The application procedures, as detailed below, is summarized as follows, which shall be accomplished within the time limits established by the Pennsylvania Municipalities Planning Code, unless a written time extension is provided by the applicant:

Step 1. Feasibility Review and Recommendation.

Step 2. Tentative Review including a Public Hearing.

Step 3. Issuance of Findings, and a Tentative Decision.

Step 4. Final Review.

Step 5. Final Decision in part or in whole.

(1) Feasibility review. A feasibility review is recommended to allow the evaluation of potential development sites to determine certain planning restraints, natural limitations, man-made capacities, or other factors which operate to limit the development potential of each particular site proposed for PRD. A fee shall be required at the time of submission in accordance with the Township Fee Schedule.

(a) Natural site determinants. The developer shall map all relevant natural resources information and shall complete and compute net buildable site area calculations as provided in § 240-33.

(b) Capacity determinants. The applicant shall describe traffic generation, including an analysis of the capacity of streets serving the site as well as predictions on traffic generated by the site, and sewer and water capabilities indicating the improvements needed to serve the site.

(c) General site analysis. The applicant shall submit a location map showing the area within one-half mile radius of the site and to the nearest arterial highway designated in this chapter. The following information shall be provided: identifiable areas of homogeneous land use; structures of historical or architectural interest; and facilities including school, fire companies, sewer, water and recreation areas. Evidence of compliance with density and intensity requirements of this chapter shall also be detailed.

(d) The Supervisors, after considering any recommendations of the Township Planning Commission and County Planning Commission, shall respond in writing to the applicant within 60 days from the receipt of the feasibility review application, indicating general approval or disapproval of the proposal. The response shall detail areas of the site recommended for conservation, any improvements or dedications on or off site that shall be required.

(e) General disapproval of a proposed PRD during a feasibility review shall not preempt a developer from applying for tentative approval as specified in the chapter.

(2) Application for tentative approval. An application for tentative approval shall be filed as specified below. A fee shall be required at the time of submission in accordance with the Township Fee Schedule.

(a) A plan indicating the location, size, topography, and vegetative cover of the site and the nature of the landowner's interest in the land proposed and developed.

(b) A site plan and other drawings showing the overall density, impervious surface ratio, and open space ratio, and the density of the land use to be allocated to various portions of the site to be developed, the location and size of the common open space, the use, approximate height, bulk, and location of buildings and other information including building elevations, planting plan schedule, provisions for parking of vehicles, and location and width of streets and public ways.

(c) Such drawings and documents as are required to establish the feasibility of proposals for the disposal of sanitary wastes and stormwater, the substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities, the feasibility of the proposed maintenance and use levels of various areas of the open space in sufficient detail so that the Township may evaluate the use of the open space and maintenance that it is expected to receive. Elevations and perspective sketches are encouraged. The written document shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the zoning plan and the best interests of the Township; the required modifications to municipal land use regulations otherwise applicable to the property; the form of organization proposed to own and maintain common open space; and in the case of development plans calling for development over a period of years, a schedule of proposed time within which applications for final approval of the various sections of the proposed planned residential development are intended. This schedule must be updated annually on the anniversary of the grant of tentative approval.

(d) Immediately upon receipt, the plans shall be referred to the Township Planning Commission and the County Planning Commission for review.

(e) A fee, as stipulated in the fee schedule adopted separately, shall be charged the developer by the Township for reviewing tentative plans.

(3) Public hearing.

(a) Within 60 days after filing an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Supervisors in the manner prescribed for the enactment of an amendment of this chapter. The Chairperson or, in his absence, the Acting Chairperson of the Supervisors, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at the hearing shall have the right to cross-examine adverse witnesses.

(b) A verbatim record of the hearing shall be kept by the Supervisors whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting the proceedings, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved; or, if not accepted in evidence, shall be properly identified and the reason for the exclusion noted clearly in the record.

(c) The Supervisors may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

(4) Findings.

(a) The Supervisors, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communication to the landowner, either:

[1] Grant tentative approval of the development plan as submitted;

[2] Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

[3] Deny tentative approval of the development plan.

(b) Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Supervisors, notify the Board of his refusal to accept all said conditions, in which case, the Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

(c) The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial; and said communication shall set forth particularly in what respects the development plan would or would not be in the public interest, including, but not limited to, the findings of fact and conclusions on the following:

[1] Those respects in which the development plan is or is not consistent with the purposes for a PRD and this section;

[2] The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

[3] The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

[4] The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

[5] The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and

[6] In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the planned residential development in the integrity of the development plan.

(d) In the event a development plan is granted tentative approval, with or without conditions, the Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed; or in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be more than three months; and in the case of development over a period of years, the time between applications for final approval of each part of a plan shall be not more than 12 months.

G. Status of plan after tentative approval.

(1) The official written communication provided for in this article shall be certified by the Zoning Officer and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same should be noted on the Zoning Map.

(2) Tentative approval of a development plan shall not qualify a plot of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been tentatively approved with conditions and accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner; provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.

(3) In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Supervisors in writing; or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan, for which final approval has not been given, shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time; and the same shall be noted on the Zoning Map and in the records of the Zoning Officer.

H. Application for final approval.

(1) An application for final approval may be for all the land included in a development plan; or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Zoning Officer of the Township within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, funds or securities in sufficient amount as determined by the Supervisors to insure performance and such other requirements as may be specified by ordinances, as well as any conditions set forth in the official written communication at the time of tentative approval. A fee shall be required at the time of submission in accordance with the Township Fee Schedule. A public hearing on an application for final approval of the development plan, or a part thereof, shall not be required, provided the development plan, or part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.

(2) In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the chapter and the official written communication of tentative approval, the Supervisors shall, within the time periods established by Section 711.B. of the Municipalities Planning Code, grant such development plan final approval.[1]

[1] Editor's Note: See 53 P.S. § 10711(b).

(3) In the event the development plan as submitted contains variations from the development plan given tentative approval, the Supervisors may refuse to grant final approval and shall, within 30 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:

(a) Refile his application for final approval without the variations objected to; or

(b) File a written request with the Supervisors that it hold a public hearing on his application for final approval. All plans will be referred to the Township Planning Commission and Carbon County Planning Commission for review. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.

(4) A development plan, or any part thereof, which has been given final approval, shall be so certified without delay by the Supervisors and shall be filed on record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development plan, or part thereof, as finally approved, no modification of the provisions of said development plan or part approved shall be made, except with the consent of the landowner.

(5) Abandonment of PRD. When the landowner fails to meet the schedules fixed in the tentative approval and does not appear to request an extension prior to the scheduled date, or when final approval has been granted and the developer fails to start work within one year, or when work is stopped for a period of one year, the PRD shall be considered to be abandoned. If the landowner fails to meet the above deadlines, and within such time does not request an extension, abandonment shall be considered to have taken place.

I. Required number of copies for reviews and fees.

(1) Copies.

(a) Feasibility application: 12 copies required.

(b) Tentative application: 18 copies required.

(c) Final application: 14 copies, including two mylar copies, required.

(2) Fees. All applicants for PRD approval (feasibility, tentative and final) shall, at the time of making application, pay to the Zoning Officer for use of the Township a fee in accordance with a fee schedule adopted by resolution of the Supervisors upon enactment of this chapter or as such schedule may be amended by resolution of the Supervisors.

J. Site area and allowed uses. A PRD shall have a minimum gross site area of 100 acres. A PRD may include all types of dwellings as permitted below. Commercial and institutional uses allowed in the C-2 District may be incorporated in the total community design, provided the total area occupied by commercial and institutional principal uses and related parking does not exceed 10% of the base site area. Subject to the additional regulations in § 240-38 of this chapter, a developer may apply for a PRD.

(1) Residential uses. The following residential uses shall be allowed in a PRD:

(a) Single-family detached.

[1] A single-family residence on an individual lot with private yards on all four sides of the house.

[2] Lot area minimum: 8,000 square feet.

[3] Lot area average: 10,000 square feet.

[4] Minimum yards:

[a] Front: 35 feet;

[b] Side: 10 feet;

[c] Rear: 40 feet.

[5] Minimum lot width at front setback line: 70 feet.

[6] Minimum building spacing: 20 feet.

[7] Maximum height: 30 feet.

[8] Parking:

[a] Three bedrooms or less: two off-street parking spaces;

[b] Four bedrooms or more: three off-street spaces.

(b) Single-family detached - off-center.

[1] A single-family residence on an individual lot, with the building set close to one side property line. The one side yard may be reduced to five feet, provided there are no windows in the side of the building with the reduced side yard; and, the other side yard shall be no less than 15 feet. An easement for maintenance on the adjoining lot is one of the requirements for this type of construction.

[2] Lot area minimum: 8,000 square feet.

[3] Lot area average: 9,000 square feet.

[4] Minimum yards:

[a] Front: 25 feet;

[b] Side: 15 feet by five feet;

[c] Rear: 40 feet.

[5] Minimum lot width at front setback line: 70 feet.

[6] Maximum building spacing: 20 feet.

[7] Maximum height: 30 feet.

[8] Parking:

[a] Three bedrooms or less: two off-street spaces;

[b] Four bedrooms or more: three off-street spaces.

(c) Twin dwellings.

[1] Twin dwellings involve a building comprised of two single-family, semidetached dwelling units, each dwelling unit being arranged from ground to roof and having only one wall in common with the other dwelling unit.

[2] Table of dimensional requirements:

	Min. Lot Area (square feet)	Avg. Lot Area (square feet)	Off-Street Parking (spaces)	Minimum Lot Width at Front Building Setback (feet)
1 BR	3,200	3,600	1.75	36
2 BR	3,600	4,000	2.00	40
3 BR	4,000	4,500	2.00	40
4 BR	4,200	4,700	2.25	45
5 BR	4,500	5,000	2.50	45

[3] General:

[a] Building setback line: 30 feet.

[b] Minimum side yard: 10 feet.

[c] Minimum rear yard: 35 feet.

[d] Maximum height: 30 feet.

(d) Townhouse.

[1] The townhouse is a single-family, attached dwelling unit, with each dwelling unit arranged from ground to roof, having individual outside access.

[2] Table of dimensional requirements:

	Min. Lot Area (square feet)	Avg. Lot Area (square feet)	Off-Street Parking (spaces)	Minimum Lot Width at Front Building Setback (feet)
1 BR	1,500	1,600	1.75	18
2 BR	1,700	1,800	2.00	20
3 BR	1,900	2,000	2.00	22
4 BR	2,000	2,200	2.25	24
5 BR	2,200	2,400	2.50	26

[3] General:

[a] Minimum building setback - street: 30 feet.

[i] Parking area: 20 feet.

[ii] Pedestrian walk: 15 feet.

[b] Minimum building spacing: 30 feet.

[c] Maximum number of units in structure: four.

[d] Maximum height: 30 feet.

(e) Apartments.

[1] Garden apartments are multifamily dwelling units, where individual dwelling units share a common outside access. They share with other units a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain three or more dwellings in a single structure.

[2] Table of dimensional requirements:

	Avg. Apt. Area (square feet)	Minimum Lot Area Per DU (square feet)	Parking Spaces Per DU
Efficiency	500	1,300	1.50
1 BR	655	1,750	1.75
2 BR	950	2,000	1.75
3 BR	1,125	2,250	2.00
4 BR	1,330	2,550	2.25

[3] General.

[a] Minimum lot size: two acres.

[b] Minimum building setback - street: 50 feet.

[i] Parking: 30 feet.

[c] Minimum building spacing: 50 feet.

[d] Maximum street frontage: 100 feet.

[e] Maximum building height: 30 feet.

(2) Accessory uses. Accessory uses and structures customarily incidental and subordinate to the above permitted uses shall be allowed, including the following:

(a) Clubhouse.

(b) Rain shelters and rest facilities.

(c) Tennis courts.

(d) Swimming pool.

(e) Fitness center.

(3) Special design regulations within a PRD. A hierarchy of roads shall be planned for the PRD. A collector street shall provide access from existing Township roads and permitted uses within the PRD. No residential uses shall take direct access from the collector street. Local streets within the community shall service all residential units. No roadside parking is permitted along the collector street.

(a) A pedestrian circulation system shall be planned for PRDs. Such a system shall be designed to provide for the safe movement of pedestrians between residential areas, open space and other amenities within the development. Suitable markings and signage shall be provided to alert motorist and pedestrians of any roadway crossings. Such a system shall be shown on the overall master plan and subsequent final plans.

(4) For a PRD, the following requirements shall apply, with the overall maximum density determined as provided under § 240-33D.

(a) Minimum percent of the total site area that shall be preserved as common open space: 60%

(b) Maximum density in dwelling units allowed on average per net buildable acre: 2.50.

(c) Maximum impervious coverage for the total site area: 0.35

(5) Common open space. All land held for common open space shall be designated on the plans and shall be deed restricted from further land development. The subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. Common open space shall be laid out in such a manner as to ensure that, over time, an interconnected network of open space will be created.

§ 240-39 Conservation subdivision design.

[Amended 9-2-2025 by Ord. No. 2025-1]

A. Purposes. In addition to serving the overall purposes of this chapter and the purposes of the R-1 Rural Residential and R-2 Low Density Residential zoning districts, it is the purpose of Conservation Subdivision Design to:

(1) Conserve undeveloped land for the purpose of protecting Primary and Secondary Conservation Areas in contiguous, un-fragmented, commonly managed landscapes to:

(a) Protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to persist; and

(b) Minimize edge conditions and associated colonization by invasive plant species.

(2) Contribute to the creation of a community wide open space system for the benefit of present and future residents.

(3) Protect productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations.

(4) Conserve existing landscape character by minimizing views of new development from existing roads, thereby reducing perceived density.

(5) Encourage innovation and promote flexibility, economy and ingenuity in development.

(6) Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties.

(7) Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences.

(8) Provide homes with direct views of open space, organized around common greens.

(9) Provide for the conservation and maintenance of open space for active or passive recreational use by residents.

(10) Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the impervious cover required for residential development.

(11) Provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices.

(12) Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.

(13) Implement natural resource conservation policies set forth in the Middle Carbon County Park, Recreation, Greenways, and Open Space Plan 2013-2022, as may be amended or updated.

(14) Implement land use, open space, and community policies set forth in the Township's Comprehensive Plan.

B. Development options. In order to achieve the purposes in § 240-39A above, the following development options are permitted by right.

(1) Option 1: Basic Conservation with Neutral Density, providing for residential uses at the density permitted by conventional development, with a minimum of 50% Greenway Land.

(2) Option 2: Country Properties, providing for residential uses at very low densities, with Greenway land permitted but not required.

C. Applicability. The Conservation Subdivision Design standards contained in this § 240-39 shall apply to all residential uses on tracts with 10 acres of net buildable site area or more in the R-1 and R-2 districts, except that for minor subdivisions-as defined by the Penn Forest Township Subdivision and Land Development Ordinance, the following shall apply.

(1) Where a minor subdivision results in a lot that has 10 acres of net buildable site area or greater, any further subdivision of such lot shall comply with the Conservation Subdivision Design standards contained in this § 240-39.

D. General regulations. The design of all Conservation Subdivision Design developments shall be governed by the following minimum standards:

(1) Ownership. The development tract may be held in single ownership or in multiple ownerships. When a development tract is held in multiple ownerships, it shall be:

(a) Represented by a single application; and

(b) Presented and approved under a common plan. The entire tract shall be designed in accordance with this article.

(2) Combining the development options. The development options permitted in § 240-39B may be combined at the discretion of the Board of Supervisors, based upon demonstration by the applicant that such a combination would better fulfill the purposes set forth in § 240-39A, as compared with applying a single option to the property. When more than one option is applied to a development tract, the applicant shall clearly indicate the boundaries of each option.

(3) Protection of conservation areas. The proposed design shall conserve Primary Conservation Areas. Demonstration by the applicant that these features are protected by the proposed application shall be prerequisite to all preliminary and final plan approvals. The protection of Secondary Conservation Areas shall be addressed through the Four-Step Design Process described in the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 120, Subdivision and Land Development.

E. Maximum number of dwelling units.

(1) Calculation of the maximum number of dwelling units shall be in accordance with § 240-33D using the applicable density factor set forth in Table 240-39E(1), below.

Table 240-39E(1)
Zoning District:	R-1: no central water/sewer	R-2: no central water/sewer
Option 1 (Basic Conservation) Density Factor	0.5 (1 dwelling unit per 2 acres of Net Buildable Site Area)	0.5 (1 dwelling unit per 2 acres of Net Buildable Site Area)
Option 1 Open Space	50%1	50%1
Option 2 (Country Lots) Density Factor	1.0 (1 dwelling unit per 10 acres of Base Site Area)	1.0 (1 dwelling unit per 10 acres of Base Site Area)
Option 2 Open Space	N/A	N/A

NOTES:
1	The minimum required greenway land is 50% of the Net Buildable Site Area plus the Total Resource Protection Land. See § 240-39F for calculation of the minimum required greenway land.

(2) Total number of dwelling units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans:

(a) Maximum number of dwelling units permitted in § 240-39E(1).

(b) Any additional units permitted as the result of the discretionary density bonus permitted in § 240-391.

(c) Any additional historic dwellings preserved in accordance with § 240-39E(3), below.

(3) Preservation of historic dwellings. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the maximum number of dwelling units referenced in § 240-39E(2)(a) above, provided:

(a) Such dwellings meet the definition of a historic resource, per Article III;

(b) The dwelling is preserved in accordance with the Secretary of the Interior standards; and

(c) The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Board of Supervisors.

F. Minimum Greenway Land.

(1) The minimum greenway land shall be as set forth in Table § 240-39E(1), above, and shall be calculated as follows:

(a)	Take: Net Buildable Site Area from § 240-33D(3)d[3].	_____Ac.
(b)	Multiply (a) by the applicable open space percentage in Tables § 240-39E(1).	_____Ac.
(c)	Take: Total Resource Protection Land from § 240-33D(3)(c).	_____Ac.
(d)	Add (b) to (c): Equals the minimum Greenway land.	= _____Ac.

(2) Greenway land shall be delineated to include all Primary Conservation Areas and, in addition, sufficient Secondary Conservation Areas that, when added to the Primary Conservation Areas, shall equal the minimum required Greenway Land.

(3) In Options 1 and 2, up to 80% of the required Greenway Land may be in the form of "conservancy lots" as permitted in § 240-39N(1)(d). The remaining Greenway Land shall be owned and managed by a community association, conservation organization or the Township, in conformance with § 240-39N.

G. Dimensional Standards for Options 1 and 2.

(1) The dimensional standards in Table 240-39G(1), below, shall apply to Options 1 and 2.

(2) Flag lots shall be in compliance with the Subdivision and Land Development Ordinance.

Table 240-39G(1)
	Option 1 Basic Conservation	Option 2 Country Properties
Density (Refer also to § 240-39E)	1 dwelling unit per 2 acres of Net Buildable Site Area	1 dwelling unit per 10 acres of Base Site Area
Minimum lot area	20,000 square feet Up to 20% of the lots may be reduced to 10,000 square feet	60,000 square feet
Minimum lot width at building line1	80 feet	140 feet
Minimum street frontage	20 feet	50 feet
Minimum front yard	20 feet	100 feet
Garage setback for front-facing garages	10 feet behind the front facade of the primary dwelling
Minimum rear yard	40 feet	50 feet
Accessory buildings	10 feet	10 feet
Minimum side yard	5 feet 30 feet aggregate	20 feet
Maximum height	35 feet	35 feet
Maximum impervious cover:
Lot area 20,000-43,560 square feet	20%
Lot area larger than 43,560 square feet	Reduce 20% limit by 1.5% for each additional acre up to a maximum impervious cover of 20,000 square feet
Greenway land	4%

NOTES:
1	In the case of flag lots, the building line shall be located where the lot equals the minimum width.

H. Design standards for Options 1 and 2.

(1) No part of any residential lot shall encroach upon Greenway Land with the exception of conservancy lots, as permitted in § 240-39N(1)(d).

(2) All new dwelling units shall meet the following setback requirements.

From external road ultimate rights-of-way	100 feet
From all other tract boundaries	50 feet
From cropland or pasture land	100 feet
From buildings or barnyards housing	300 feet
From active recreation areas such as courts	150 feet

(3) Additional design standards in this Zoning Ordinance and the Subdivision and Land Development Ordinance[2] shall apply.

[2] Editor's Note: See Ch. 120, Subdivision and Land Development.

I. Discretionary density bonus. Additional density may be permitted by the Board of Supervisors as follows:

(1) When Greenway Land or trails are dedicated for public use in accordance with the following:

(a) For each five acres of Greenway Land dedicated for public active or passive recreational use, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 240-39E(1).

(b) For each 2,500 feet of unpaved trail or 1,250 feet of paved trail dedicated for public use, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 240-39E(1). Such density bonus shall not apply to sidewalks or other paths to which public access is customarily permitted.

(c) Where both Greenway Lands and trails are dedicated for public use, the combined maximum increase in the number of units shall not exceed 15% over the maximum number of units permitted in § 240-39E(1).

(d) The decision whether to accept an applicant's offer to dedicate land for public use under this Section shall be at the discretion of the Board of Supervisors.

J. Greenway Land: permitted uses.

(1) Conservation of open land in its natural state.

(2) Agricultural and horticultural uses, including raising crops or livestock, and related accessory buildings. Specifically excluded are commercial and intensive feedlot and livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

(3) Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted, but shall not consume more than 50% of the minimum required Greenway Land.

(4) Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.

(5) Picnic areas, community gardens, trails, and similar low-impact, passive recreational uses.

(6) Active non-commercial recreation areas. Such recreation areas shall meet the following standards:

(a) Active non-commercial recreation areas shall not consume more than 50% of the minimum required Greenway Land or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.

(b) Active non-commercial recreation areas shall not be located within 150 feet of the tract boundary or a dwelling unit within the development parcel.

(c) Minimum parking facilities, as determined by the Board of Supervisors, may be permitted. Such lots may be paved with gravel and shall be unlighted, except as may be needed for security, properly drained, and provide safe ingress and egress.

(d) Any active non-commercial recreation areas such as playing fields, courts, or swimming pools, requiring supporting structures, and their parking areas, shall not count toward the minimum required Greenway Land, unless dedicated to the Township. Structures shall be de minimis to the activity.

(7) The total area of water supply systems, sewage disposal systems, stormwater management systems and associated easements may occupy up to 20% of the Greenway Land net of the included Primary and Secondary Conservation Areas. The following standards shall apply:

(a) Water supply systems.

[1] Drainage easements for water lines may be counted toward the minimum Greenway Land requirement.

[2] Land used for ground-level well structures and associated parking exceeding 5,000 square feet shall not count toward the minimum Greenway Land requirement.

(b) Sewage disposal systems.

[1] Sewage treatment lagoons, structures, structure access areas and parking lots shall not count toward the minimum Greenway Land requirement.

[2] Soil absorption areas shall be appropriate for active or passive recreation.

[3] Absorption fields serving individual dwelling units may be located in the minimum Greenway Land, but individual treatment tanks shall be located within the lots they serve.

[4] Drainage easements for sewer lines may be counted toward the minimum Greenway Land requirement.

(c) Stormwater management systems. The following stormwater management practices are acceptable within the Greenway Land, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:

[1] Infiltration basin, provided the berms do not exceed 36 inches in height:

[2] Subsurface infiltration bed;

[3] Infiltration trench;

[4] Rain garden;

[5] Vegetated swale;

[6] Infiltration berm, provided the berms do not exceed 24 inches in height.

(8) Easements or rights-of-way for overhead power lines. Such easements or rights-of-way shall not count toward the minimum Greenway Land requirement.

K. Greenway Land: prohibited uses. Motorized off-road vehicles, shooting ranges and other uses similar in character and impact as determined by the Board of Supervisors, shall be specifically prohibited. This provision shall not prohibit vehicles used for maintenance purposes.

L. Greenway Land: design standards.

(1) Greenway land in all options shall be identified and laid out according to the Four-Step Design Process described in the Subdivision and Land Development Ordinance, which begins with the identification of primary and secondary conservation areas.

(2) Greenway land shall be laid out in such a manner as to ensure that, over time, an interconnected network of open space will be created.

(3) In Option 1, wherein 50% of the Net Buildable Site Area is set aside as Greenway Land, which may be owned by various entities, at least 20% of the Net Buildable Site Area shall be available for the common use of the subdivision residents.

(4) In Option 2, open space is permitted, but not required, except that when the Board of Supervisors determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, the Board of Supervisors may consider:

(a) Implementation of the Township Comprehensive Plan; Park, Recreation and Open Space Plan; trail map or official map in effect at the time of the application;

(b) Trails integral to children's access to schools and parks;

(c) Impact on woodland and stream corridors.

(5) Buffers for adjacent public parkland: Where the proposed development adjoins public parkland or state game land, a natural buffer of Greenway Land at least 150 feet deep shall be provided within the development along its common boundary with the parkland or game land, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street or trail construction or for the removal of invasive plant species.

(a) Where existing vegetation provides an adequate buffer, as determined by the Board of Supervisors, the depth may be reduced to 75 feet.

(b) Where the buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through restricted mowing policies and the periodic removal of invasive plant species.

(6) No portion of any building lot may be used for meeting the minimum Greenway Land requirement, except as permitted within conservancy lots, described in § 240-39N(1)(d).

(7) Pedestrian and maintenance access shall be provided to the Greenway Land in accordance with the following requirements:

(a) No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:

[1] The width of the access strip shall equal the minimum width of a lot, and in no case shall be less than 50 feet.

[2] The access strip shall extend the full depth of the adjacent lots.

[3] The Board of Supervisors may require that maintenance and/or pedestrian access strip contain a paved path up to eight feet in width, meeting Township standards for a bike path.

(b) Access to open space used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

(8) The Township may require the provision of a trail easement and/or the construction of a recreation trail through Preserved Open Space. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.

(9) Greenway land that is not wooded or farmed shall be landscaped in accordance with the landscaping requirements and open space management plan standards in § 240-39N(2).

M. Greenway Land: permanent protection. A conservation easement restricting in perpetuity the Greenway Land against further subdivision or development shall be executed between the landowner and the Township or a qualified land conservancy acceptable to the Township. Deed restrictions may also be used in certain applications, in accordance with § 240-39M(2) below.

(1) Conservation easements. Conservation easements are required to protect Greenway Land from further subdivision and development, to conserve the natural characteristics of such lands, and to enable professional stewardship and monitoring of the land. Conservation easements shall conform to the following minimum requirements:

(a) Easements shall be granted to a land conservancy meeting the requirements in § 240-39N(1)(c) or to the Township. The Grantee shall have the rights of reasonable entry and enforcement.

(b) The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.

(c) Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the Grantee.

(d) The uses of property subject to the conservation easement shall be limited to the permitted uses defined by § 240-39J. The following restrictions shall also apply:

[1] The property shall not be further subdivided into additional building lots.

[2] Construction shall be permitted only in areas specifically designated in the property description and approved by the Board of Supervisors. The determination of the need for any additional disturbance shall lie with the Board of Supervisors.

[3] Permitted construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the open space management plan.

[4] Signs, fencing and dumping shall be permitted only to the extent they are associated with the permitted uses § 240-39J and consistent with the open space management plan.

(e) The terms and restrictions of the conservation easement shall be approved by the Board of Supervisors which shall be guided by the objectives set forth in the Township Comprehensive Plan and the Township Park and Recreation Plan, as well as the open space management plan for the property.

(f) Provisions pertaining to remedies, liability, indemnification and other relevant subjects, shall be approved by the Grantor, the Board of Supervisors and the authorized representative of the Grantee before final approval of the development plan by the Board of Supervisors.

(2) Deed restrictions. Deed restrictions, which do not provide for professional stewardship and monitoring of the Greenway Land, may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards.

(a) When Greenway Land totals less than five acres, a deed restriction may be used.

(b) If no entity is available or willing to hold a conservation easement on required Greenway Land, a deed restriction may be used.

(c) The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the Township. If the Township does not agree to be party to the restriction, no deed restriction shall be used.

(d) Restrictions, meeting Township specifications, shall be placed in the deed for each lot with Greenway Land. The deed restriction shall ensure the permanent protection and continuance of the Greenway Land and shall define permitted uses in compliance with § 240-39J.

(e) It shall be clearly stated in the individual deeds that maintenance responsibility for the Greenway Land lies with the property owner.

N. Greenway Land: Ownership and Maintenance.

(1) Ownership options for Greenway Land. The following methods may be used, either individually or in combination, to own common facilities and Greenway Land. Greenway land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no decrease in the total Greenway Land. Ownership methods shall conform to the following:

(a) Penn Forest Township.

[1] Fee simple dedication to the Township. The Township may, but shall not be required to, accept dedication of any portion of the Greenway Land, provided there is no cost of acquisition to the Township, and the Township agrees to and has access to maintain such Greenway Land.

[2] Dedication of easement to the Township. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the Greenway Land. In such cases, the facility remains in the ownership of the community association, or private conservation organization, while the Township holds the easements. In addition, the following regulations shall apply:

[a] There shall be no cost of acquisition to the Township;

[b] Any such easements for public use shall be accessible to the residents of the Township; and

[c] A satisfactory maintenance agreement shall be reached between the owner and the Township.

(b) Community Association. Greenway land and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a Community Association. Community Association Documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a Homeowners' Association Document) or the Pennsylvania Uniform Condominium Act (as to a Condominium Association Document), as the case may be. The Community Association Document shall include, but not be limited to, the following:

[1] A description of the Greenway Land to be owned by the Community Association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the Greenway Land;

[2] Statements setting forth the powers, duties, and responsibilities of the Community Association, including the services to be provided;

[3] A declaration of Covenants. Conditions, and Restrictions (Declaration), giving perpetual easement to the lands and facilities owned by the Community Association. The Declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the Community Association, including voting, elections, and meetings. The Declaration shall give power to the Community Association to own and maintain the Greenway Land and to make and enforce rules;

[4] Statements prescribing the process by which Community Association decisions are reached and setting forth the authority to act:

[5] Statements requiring each owner within the subdivision or land development to become a member of the Community Association;

[6] Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement:

[7] Requirements for all owners to provide a pro rata share of the cost of the operations of the Community Association;

[8] A process of collection and enforcement to obtain funds from owners who fail to comply:

[9] A process for transition of control of the Community Association from the developer to the unit owners;

[10] Statements describing how the Greenway Land of the Community Association will be insured, including limit of liability:

[11] Provisions for the dissolution of the Community Association:

[12] Agreements for the maintenance of stormwater management facilities; and

[13] Agreements for the maintenance and operation of water supply and wastewater treatment facilities.

(c) Private conservation organization or the County. With permission of the Township, an owner may transfer either fee simple title of the Greenway Land or easements on the Greenway Land to a private non-profit conservation organization or to the County provided that:

[1] The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

[2] The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or the County becomes unwilling or unable to continue carrying out its functions:

[3] The Greenway Land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

[4] A maintenance agreement acceptable to the Township is established between the owner and the conservation organization or the County.

(d) Conservancy lots. Up to 80% of the required Greenway Land may be located within one or more privately owned conservancy lots of at least 10 acres provided:

[1] The Greenway Land is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in § 240-39J.

[2] The easement provides the Township the right, but not the obligation, to enforce these restrictions.

(2) Greenway Land Management Plan.

(a) Unless otherwise agreed to by the Governing Body, the cost and responsibility of maintaining Greenway Land shall be borne by the property owner, community association, or conservation organization.

(b) The applicant shall, at the time of preliminary plan submission, provide a plan for management of Greenway Land in accordance with § 210-14 of the Subdivision and Land Development Ordinance.

(3) Remedy. Failure to adequately maintain the Greenway Land in reasonable order and condition in accordance with the development plan constitutes a violation of this section.

(a) In the event that the organization established to maintain the Greenway Land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the Greenway Land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.

(b) Upon default by any owner or other entity responsible for maintenance of Greenway Land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions:

[1] Upon 30 days advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the Township may enter upon the Greenway Land to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.

[2] Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the Township. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall be added thereto, interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.

[3] All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the owner or responsible entity. Notice of such lien shall be filed by the Township in the office of the Prothonotary of the County.

[4] The Township's rights and remedies under this section are in addition to, not exclusive of, any rights or remedies otherwise available to the Township under law or equity.

§ 240-40 Development along waterways, lakes and ponds.

A. Permits or approvals may be required for activity within or adjacent to a waterway from the State Department of Environmental Protection, the Army Corps of Engineers, the Federal Emergency Management Agency or other entities.

B. Any street, driveway or utility crossing of a stream shall be approximately perpendicular to the stream, to the maximum extent feasible. As part of any street, driveway or utility construction within or adjacent to a stream, the applicant shall complete remedial measures to mitigate the impact upon the stream, including planting of trees and thick lower-level vegetation and use of best management practices.

C. All areas within 50 feet from the top of the primary bank of a perennial creek or natural lake or pond shall not be occupied by any of the following: a building, vehicle parking, or business outdoor storage. This width shall be increased to 100 feet along the Lehigh River and the Mud Run.

D. Vegetation. Where existing trees and/or shrubs are removed from lands that are within the widths specified in § 240-40C as part of, or in preparation to, a subdivision, land development or permitted construction of a new building, then new trees and shrubs shall be planted and maintained. The new trees and shrubs shall have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.

(1) During the time period of any maintenance agreement with the developer, the developer shall replace within 120 days any such trees or plants that do not survive. If such trees and plants do not survive beyond the maintenance agreement time period, they shall be replaced within 120 days afterwards by the current owner of the property.

§ 240-40.1 Apartments on the second and/or third floor of a commercial use.

[Added 9-2-2025 by Ord. No. 2025-1]

A. Purposes.

(1) To provide for opportunities for mixed-use development in the form of apartment units on the second and/or third floor of commercial uses.

(2) To provide for apartment units in close proximity to existing and potential future commercial uses in the C-2 Commercial zoning district and in the C-1 Commercial zoning district within walking distance to the major road intersections, thereby forming nodes of mixed commercial-residential land use at these intersections.

B. Applicability. This § 240-40.1 shall apply to areas in the C-1 Commercial district within a one-quarter mile radius of the intersections of PA 903 and Maury Road. PA 903 and Hatchery Road, PA 903 and Unionville Road, PA 903 and Old Stage Road, PA 903 and PA 534, PA 534 and Meckesville Road, and PA 534 and Old Stage Road, and to properties in the C-2 Commercial district.

C. Use regulations.

(1) C-1 Commercial district. Uses permitted as by-right, conditional use, or special exception shall be as indicated in Attachment 1, Table of Allowed Uses, for the C-1 district. Apartments may be permitted in combination with such use provided they are located on the second and/or third floor and comply with this § 240-40.1 and all other applicable standards of this chapter.

(2) C-2 Commercial district. Uses permitted as by-right, conditional use, or special exception shall be as indicated in Attachment 1, Table of Allowed Uses, for the C-2 district. Apartments may be permitted in combination with such use provided they are located on the second and/or third floor and comply with this § 240-40.1 and all other applicable standards of this chapter.

D. Dimensional standards. Dimensional standards shall be as indicated in Attachment 2, Table of Dimensional Requirements in Each District and Site Capacity, for the C-1 and C-2 districts.

E. Design standards.

(1) The apartment unit or units shall be located on the second and/or third floor of the building, with the ground floor being occupied by the commercial use.

(2) The gross floor area for each apartment unit shall be no less than 500 square feet.

(3) The entrance to any apartment unit may be shared with another apartment unit or units but shall be independent of the commercial use.

(4) Sufficient off-street parking shall be provided for all uses on the site. The required number of parking spaces for each use shall be determined in accordance with § 240-49. The required number of parking spaces for the apartment unit or units shall be in addition to that required for the commercial use.

§ 240-40.2 DC Data Center Overlay District.

[Added 3-2-2026 by Ord. No. 1-2026]

A. Applicability.

(1) The provisions of this § 240-40.2 shall apply to the area within the boundaries of the DC Data Center Overlay District, which is shown in Appendix A.[1]

[1] Editor's Note: Said appendix is on file in the Township offices.

(2) In the case of a data center or data center accessory use, for any lot or property, or portion thereof, within the DC Data Center Overlay District, the regulations of said overlay district shall supersede any regulations of the underlying zoning district which are in conflict with those of this § 240-40.2.

(3) Except as provided for in § 240-40.2A(2) above, where there is a conflict between the standards of this § 240-40.2 and any other standard of this chapter or any other chapter of the Penn Forest Township Code, the more restrictive shall apply.

B. Use regulations. Data centers or data center accessory uses shall be permitted by conditional use within the Data Center Overlay District when approved in compliance with the procedures, standards, and criteria contained in § 240-23 and this § 240-40.2.

C. Dimensional standards. The dimensional standards of data centers and data center accessory uses shall be as follows:

(1) The minimum lot area shall be 30 acres.

(2) The minimum lot width at the building setback line shall be 200 feet.

(3) The maximum building coverage shall be 40%.

(4) The maximum impervious coverage shall be 65%.

(5) The maximum building height for a data center shall be 60 feet, plus up to a maximum additional 15 feet for roof-mounted equipment such as cooling and ventilation systems, HVAC units, and cooling towers. The applicant shall submit a viewshed analysis illustrating the areas from which any buildings 60 feet in height or greater will be visible.

(6) The maximum height of data center accessory uses shall be no greater than the height of the principal building. The applicant shall submit a viewshed analysis illustrating the areas from which any data center accessory use 60 feet in height or greater will be visible.

(7) The minimum required setback for any data center or data center accessory use shall be as shown on the Data Center Overlay District map (Appendix A).[2] Where there is a conflict between the setback distance as specified on the map in written text and the distance derived by measurement based on the map scale, the setback distance specified in written text shall apply. Where required to provide ingress and egress to/from the subject property, an access driveway may be installed within the setback.

[2] Editor's Note: Said appendix is on file in the Township offices.

D. Specific regulations.

(1) The applicant shall provide an affidavit or evidence of agreement between the landowner and data center owner and/or operator confirming the data center owner and/or operator has permission to apply for conditional use, necessary permits, and land development plan approval for construction and operation of the data center and data center accessory uses.

(2) Buffer yard. A buffer yard shall be established and maintained along the property lines of any lot containing a data center or data center accessory use as follows:

(a) Where there is a conflict with the provisions of § 240-63, the provision of this Subsection D(2) shall apply.

(b) A minimum buffer yard width of 100 feet shall be provided along all property lines or in the case of an assemblage of parcels, along all exterior property lines of the assemblage of parcels.

(c) The buffer yard shall be free of structures, dumpsters, storage or display areas, signs, materials, loading and unloading areas, or vehicle parking.

(d) The buffer yard shall include a landscaped screening buffer. Buffer plantings shall be arranged to achieve a dense, opaque, four-season buffer to the satisfaction of the Board of Supervisors and Township Engineer and/or Pennsylvania-certified landscape architect.

(e) If existing healthy trees with a trunk diameter of six inches dbh or greater exist within the buffer yard, they shall be preserved to the maximum extent feasible.

(f) The buffer yard vegetative visual screen shall extend the full length of the lot line, except for:

[1] Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot. In such case, the buffer yard may be interrupted to accommodate the minimum area required for ingress and egress;

[2] Locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved farther back; and

[3] Locations needed to meet other specific state, Township and utility requirements, such as stormwater swales. If a utility must cross the buffer yard, it shall be by the minimum required traversal distance and width, and then only if every precaution is used to replace any lost visual screen.

(g) Buffer yard plantings shall consist of native species planted as follows:

[1] One large evergreen tree per 25 linear feet of buffer. The size of large evergreen trees shall be a minimum of eight feet in height at the time of planting. Evergreen trees shall be planted at diagonal offsets so that there is room for future growth of the trees.

[2] One deciduous canopy (shade) tree per 75 linear feet of buffer. Size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.

[3] One ornamental/flowering tree per 50 linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight feet in height for multi-stemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.

[4] Five shrubs per 25 linear feet of buffer. Shrubs shall be fully branched and minimum of three feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.

[5] All plantings shall conform to the standards of the Township's list of acceptable plant species, or shall be approved by the Board of Supervisors upon recommendation by the Township Engineer, and/or Pennsylvania-registered landscape architect, or certified arborist. A variety of species shall be used in order to prevent monocultural plantings. American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species shall not be permitted. A more naturalistic form of planting with a mix of species shall be provided. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.

(h) In the event that existing vegetation is adequate to meet the intent of the required buffer yard to screen the data center and data center accessory uses from adjoining properties, the Board of Supervisors, upon recommendation by the Township Engineer and/or Pennsylvania-registered landscape architect, and Planning Commission, may determine that existing topography and/or vegetation constitutes all or part of the required buffer yard.

(i) The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to residential zoning districts and sensitive receptors. An earth berm may be required as a condition of a conditional use approval.

(j) Buffer yard plans. The applicant shall submit plans showing:

[1] The location and arrangement of each buffer yard;

[2] The placement, general selection of species and initial size of all plant materials; and

[3] The placement, size, materials and type of all fences to be placed in such buffer yard.

(k) All buffer yard plantings shall be perpetually maintained by the property owner. Any plant material that dies, is removed, is diseased, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.

(l) All buffer yard screening shall be assured by a performance guarantee posted with the Board of Supervisors in an amount equal to the estimated cost of all such trees, shrubs, plantings, and installation. Such guarantee shall be released only after passage of the second growing season following planting.

(3) Equipment screening and fencing.

(a) To provide visual screening and reduce noise levels, ground-mounted and roof-mounted equipment used for cooling, ventilating, or otherwise operating the facility, including power generation or other power supply equipment, shall be fully enclosed. If, based on the manufacturer's specifications, it is not mechanically feasible to fully enclose the equipment, it shall be fully screened from view using one or more of the following means:

[1] The landscape buffer yard required by Subsection D(2) above.

[2] By existing vegetation that will remain on the property.

[3] By the principal data center building or an accessory building.

[4] A berm averaging a minimum of five feet in height above the adjacent average ground level with a maximum side slope of 3:1, provided that the berm shall be covered by a well-maintained all-season natural ground cover and any required screening plantings shall be arranged on the outside and top of the berm.

[5] A visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.

(b) Fencing of the data center and data center accessory uses shall be provided. All fencing shall be located within the setback specified in Subsection C(7), above, and shall be fully screened from view.

(4) Noise and vibration.

(a) The noise and vibration standards of § 240-67 as well as the sound and vibration study requirements of § 240-68 shall apply.

(b) Noise-producing/emitting equipment, such as HVAC, heat exchangers, and backup generators, should be selected such that low noise units and effective engineering noise control methods are used to minimize noise emissions to meet the sound and vibration limits established in § 240-67.

(5) Water and sewer.

(a) If the use will be served by a publicly owned or other existing centralized water supply and/or sewage disposal system, the applicant shall submit a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification that the necessary capacity is available to serve the proposed development. This letter shall be supplied with the conditional use application.

(b) On-lot water supply. If an approved public water supply is not accessible and water is to be furnished on a project basis, the applicant shall, upon submission of the conditional use application, submit written evidence that the they have complied with all Township and State regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PADEP, DRBC and any other applicable regulations.

(c) If the use is to rely upon a nonpublic source(s) of water, the applicant shall provide, with the conditional use application, a water feasibility study, in accordance with § 240-68. However, the use of a closed-loop water circulation system for cooling equipment, or, in the alternative, such other technology and systems to minimize the use of water and sound emissions from cooling equipment that is acceptable to the Township, is strongly encouraged. Use of such system that results in an average water supply demand of less than 10,000 gallons per day (gpd) over any consecutive 30-day period and discharges of less than 10,000 gpd during any consecutive 30-day period to and from the watershed in which the data center is located shall exempt the data center use from the water feasibility study requirements in § 240-68C(4)(b)[7] through [23], except that the Board of Supervisors may require a well depletion agreement or other data or information as a condition of approval. The aforesaid 10,000-gpd threshold shall apply to all buildings and structures on a cumulative/aggregate basis, and shall not be construed to mean 10,000 gpd per building or per structure.

(d) The use of reclaimed or recycled wastewater for cooling and/or other mechanical operations is strongly encouraged.

(6) Power supply.

(a) The applicant shall provide with the conditional use application documentation prepared by a qualified professional, such as a Pennsylvania-licensed professional engineer, detailing at a minimum the following:

[1] The amount of power expected to be used by the data center and data center accessory uses, on average and at times of peak usage at maximum capacity upon completion of each data center building and at maximum capacity after full build-out of the data center property(s).

[2] Power supply sources that will be utilized.

[3] Energy storage capacity and type(s) of energy storage equipment or systems that will be utilized (if applicable).

[4] Estimated impacts on electric rates and on power availability for other uses directly attributable to the data center development.

[5] The professional credentials, training, and experience of the person that prepared the documentation required by this Subsection D(6)(a).

(b) If the applicant proposes to connect the data center to the electric grid, the applicant shall provide with the conditional use application documentation from the applicable electric service provider certifying that the necessary capacity is available, and that the electric service provider will serve the data center. Known impacts on electric rates and on availability for other uses directly attributable to the data center project shall be noted.

(c) All new or upgraded power transmission lines serving a data center or data center accessory use shall be designed and constructed to minimize visual impact on surrounding properties and public rights-of-way. The Township shall require the undergrounding of such lines where feasible and appropriate, at the applicant's expense. The applicant shall demonstrate that the proposed power transmission infrastructure will not place an undue burden on existing electrical supply infrastructure serving the community.

(d) If the data center operator intends to use backup power generators, the operator shall maintain a public website announcing the times when the generators will be in operation. Any routine operation of the backup generators, including for testing purposes, shall be announced on the website at least 24 hours in advance. The operator shall also notify the Township at least 24 hours in advance of a test. Unless the generators are supplying backup electrical supply during a power outage, backup generators shall only operate for a maximum total of 30 minutes on any day and only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Upon request by the Township, the data center operator shall provide the address of the website where the notices required by this subsection are published.

(e) All emissions from backup generators, and all fuel storage facilities associated with backup generators, shall comply with all applicable federal, state, and local regulations, including but not limited to those pertaining to air quality, hazardous materials, and environmental protection.

(f) Proof of compliance, necessary permits and renewals from relevant federal, state and local regulatory agencies shall be provided to the Township within 30 days of receipt.

(7) Emergency management.

(a) The applicant shall demonstrate that there is an adequate means of ingress and egress suitable for emergency access to the site. The Board of Supervisors may require additional means of ingress and egress to provide adequate emergency access.

(b) The applicant shall ensure there is adequate radio coverage for emergency responders at and within the data center property(s) and within the interior of buildings, and shall install enhancement systems if needed to meet compliance.

(c) The applicant shall submit with the conditional use application an Emergency Response Plan (ERP) prepared by a qualified professional with Pennsylvania Emergency Management (PEMA) professional-level certification, Emergency Planning Professional (EPP) certification, or other recognized professional-level emergency planning certification. The ERP shall:

[1] Be reviewed by the local fire department and emergency management services as part of the conditional use process.

[2] Identify the location of all hydrants and other on-site and off-site firefighting equipment.

[3] A Knox-type box shall be installed on all access gates for emergency access by the Township Fire Company and other emergency responders.

[4] Identify all potential hazards on the site and their locations.

[5] Include contact information for facility representatives available 24 hours per day.

[6] Include notification protocols for local emergency services, municipal officials, and regulatory agencies.

[7] Include detailed procedures for fire suppression, containment, ventilation, and evacuation.

[8] Include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site.

[9] Ensure that all first responders receive adequate training specific to the installed system.

[10] Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional, such as a certified fire inspector, on behalf of the data center.

[11] Include provisions for an annual tour of the property(s) on which the data center and data center accessory uses are located, with Township officials and local fire department and emergency management personnel.

(d) Any data center use proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and must include fire suppression systems designed specifically for battery storage.

(e) No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare. This analysis may be performed by an outside expert hired by the Township with costs to be borne by the applicant.

(f) Prior to the issuance of a certificate of occupancy, the applicant shall provide and fund specialized training, and is strongly encourage to provide and fund necessary equipment, for the Township's fire department and other relevant emergency responders regarding the unique hazards and operational characteristics of the data center facility. This training shall cover, but not be limited to, emergency shutdown procedures, hazardous materials handling (if applicable), access points, and specific fire suppression system operations. Ongoing training shall be provided by the data center operator periodically thereafter as deemed necessary by the Board of Supervisors and authority(s) having jurisdiction to ensure continued preparedness.

(8) Architectural and design standards.

(a) Leadership in Energy & Environmental Design (LEED) certification is strongly encouraged.

(b) A principal building facade shall include any data center or data center accessory use building facade that faces a road, residential zoning district, or sensitive receptor existing as of the effective date of this section. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.

(c) All principal building facades shall incorporate a minimum of three of the following design elements:

[1] A building step-back of no less than 10 feet from the building wall at a height point that begins at the top of the second story of the building or 30 feet, whichever is lower.

[2] Fenestration (windows) on a minimum of 30% of the building facade surface area located in separated individual placements or clustered bays and distributed horizontally and vertically across the facade.

[3] A change in building material, pattern, texture, or color every 30 feet.

[4] Building recesses every 60 feet having a minimum depth of five feet;

[5] A change in building height every 60 feet having a minimum width of 30 feet and a minimum vertical offset of five feet;

(d) External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.

(e) The main entrance to the building shall either project or recess from the main building plane, and/or be differentiated from the remainder of the building facade by a change in building material. The main entrance feature shall be landscaped.

(f) The applicant shall submit architectural renderings illustrating the building(s) design.

(9) Parking and loading. In addition to the off-street parking and loading requirements in Article VII of this chapter, all data centers shall provide the following:

(a) A minimum of 1.5 parking spaces for every one employee, based upon the maximum number of employees on site during the largest shift.

(b) All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of three tractor-trailers.

(10) Electronic and other waste. Documentation shall be provided with the conditional use application outlining procedures for safe removal and recycling or disposal of electronic waste and other waste including, but not limited to, computers, computer servers, server infrastructure, batteries, hazardous and extremely hazardous substances, and related materials.

(11) Environmental Impact Assessment (EIA). The applicant shall provide with the conditional use application an environmental impact assessment in accordance with § 240-68.

(12) Fiscal impact analysis. The applicant shall provide with the conditional use application a fiscal impact analysis in accordance with § 240-68.

(13) Woodland protection and replacement shall comply with the standards in § 240-48.1.

(14) Lighting shall comply with the standards in § 240-48.

(15) Decommissioning.

(a) Decommissioning. Decommissioning shall include the following:

[1] Decommissioning agreement. The data center owner and/or operator shall execute a decommissioning agreement, to be approved by the Township pending the review of the Township Solicitor, prior to conditional use approval. Said agreement shall contain all terms and conditions for decommissioning requirements.

[2] Terms and conditions of the decommissioning agreement shall include, but not be limited to:

[a] If the data center owner or operator ceases operation of the facility, or begins, but does not complete, construction of the project, the data center owner and/or operator shall decommission and restore any affected area of the site to its condition prior to any disturbance related to the data center. The site shall be restored to a useful, non-hazardous condition without significant delay, including but not limited to the following:

[i] Removal of all computer servers and other computer equipment; hazardous or extremely hazardous substances; structures or equipment which contain any hazardous or extremely hazardous substance; and all other structures, excluding principal buildings.

[ii] Restoration of the surface grade and soil after removal of structures and equipment.

[iii] Revegetation of restored soil areas with native seed mixes and native plant species suitable to the area under the direction of a Pennsylvania-registered landscape architect.

[iv] The decommissioning plan shall provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.

[v] The decommissioning plan shall include a schedule for completion of site restoration work.

[3] If a data center or any data center accessory use has not been in operation for a period of six consecutive months, the data center owner or operator shall notify the Township in writing with the reason(s) for inoperability and their intentions to re-establish operations or plans for decommissioning. The data center owner or operator shall notify the Township immediately upon cessation or abandonment of the operation. The data center or data center accessory use shall be presumed to be discontinued or abandoned if it has not been in use or operational for a period of 12 continuous months.

[4] The data center owner and/or operator shall, at its expense, have 12 months from cessation or abandonment in which to decommission the site and shall re-vegetate disturbed earth back to its predevelopment condition in accordance with Subsection D(15)(a)[2], above.

[5] Decommissioning cost. An independent professional engineer licensed in Pennsylvania shall be retained by the data center owner or operator to estimate the total cost of decommissioning and revegetation without regard to salvage value of the data center related equipment. Said estimate shall be submitted to the Township prior to conditional use approval and shall be reviewed by the Township Engineer. Said estimate shall be updated and submitted to the Township after the first year of issuance of a certificate of occupancy, and every fifth year thereafter, and shall be reviewed by the Township Engineer. The Board of Supervisors, upon the recommendation of the Township Engineer, may accept such estimate or may refuse to accept such estimate for good cause shown. If the data center owner or operator and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and re-certified by another professional engineer licensed in Pennsylvania and chosen mutually by the Township and the data center owner or operator. Whichever of the first two estimates is closest in value to the third estimate shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of such engineer shall be paid equally by the Township and the data center owner or operator.

[6] Decommissioning financial security. The data center owner or operator, prior to final land development plan approval, shall provide financial security with the Township as payee in an amount equal to 110% of the total cost estimate approved by the Board of Supervisors in Subsection D(15)(a)[5], from a company and in a form and content acceptable to the Board of Supervisors, to insure decommissioning and re-vegetation as set forth herein. Such financial security shall be reset after the first year of issuance of a certificate of occupancy and every fifth year thereafter, to an amount equal to 110% of the cost estimate submitted at such interval in accordance with Subsection D(15)(a)[5], above. The security shall remain in place for as long as the data center or data center accessory use(s) exist at the site and until restoration of the site is satisfactorily completed. The data center owner or operator shall be responsible to have the financial security certificate holder describe the status of the bond or letter of credit in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and re-vegetation have been satisfactorily completed.

[7] Landowner responsibility. If the data center owner or operator fails to complete decommissioning and re-vegetation within the time period stated herein, then decommissioning and re-vegetation in accordance with this chapter shall become the responsibility of the landowner, and such landowner shall have 12 months to complete decommissioning and re-vegetation.

[8] Township intervention. If neither the data center owner or operator nor the landowner completes decommissioning and re-vegetation within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning and re-vegetation. The submission of evidence of the landowner agreement and the decommissioning agreement in accordance with § 240-40.2D(1) and § 240-40.2D(15)(a)[1], respectively, to the Township shall constitute agreement and consent of the parties to the agreements, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and re-vegetation plan.