A. 
The standards and requirements contained in Articles IV and V are intended as the minimum standards for the promotion of the public health, safety and general welfare and shall be applied and used as guidance by the Township Planning Commission in reviewing all subdivision plans.
B. 
Whenever other Township regulations impose more restrictive standards and requirements than those contained herein, such other regulations shall be observed and utilized at the discretion of the Township Planning Commission.
[Amended 8-12-1975 by Ord. No. 138; 5-8-1984 by Ord. No. 84-188; 9-11-1991 by Ord. No. 91-275; 9-25-1996 by Ord. No. 96-331]
A. 
Street construction is to conform to the requirements of Chapter 320 (Streets and Sidewalks).
B. 
Private streets are permitted only when:
(1) 
They are located in an area zoned A-1 (Rural).
[Admended 5-28-2008 by Ord. No. 2008-496]
(2) 
They provide access to not more than five lots of a minimum size of 10 acres per lot or three lots of a minimum size of five acres per lot.
(3) 
They conform to the construction standards contained in Chapter 320 (Streets and Sidewalks) of the Code of Patton Township.
(4) 
No more than one private street is created from any tract of land existing at the date of enactment of this chapter.
C. 
Single access developments must be provided with a boulevard type entrance.
[Added 12-12-2003 by Ord. No. 2003-419]
(1) 
The boulevard entrance shall:
(a) 
Extend to the interior loop street(s) of the subdivision;
(b) 
Have distinct travel lanes with a minimum width of 12 feet each and separated by a median which is a minimum of 10 feet wide; and
(c) 
Be no longer than 500 feet.
(2) 
No point along the center line of any roadway measured along the roadway center line within a single access development shall be more than 1,500 feet from the entrance to the development.
D. 
Cul-de-sac length and fire protection requirements. In the A-1 and R-1 Districts cul-de-sac streets longer than 750 feet are permitted only when:
[Added 1-5-2004 by Ord. No. 2004-420]
(1) 
The subdivision or land development plan includes a note requiring that all dwellings and occupied structures accessing the cul-de-sac are provided with an approved automatic fire sprinkler system installed in accordance with the applicable NFPA standard. The extended maximum permitted length of culs-de-sac is established in Chapter 320, Streets and Sidewalks; or
(2) 
The cul-de-sac is part of a phased development with an approved Master Plan, provided that additional phases correct the deficiency.
E. 
Whenever a new public roadway is proposed, streetlighting is required at the intersection of the new public roadway and a preexisting public roadway. Streetlighting must be LED luminaries which are dark sky compliant and utilize the electric power utility provider's tariff system.
[Added 6-21-2021 by Ord. No. 2021-621]
A. 
Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.
B. 
In no case shall the name of a proposed street duplicate an existing street name in the Township and in the Centre Region. The subdivider shall submit a proposed street name to the Centre Regional Planning Commission Office prior to acceptance of a final plan.
C. 
All street names shall be subject to the approval of the Township Supervisors.[1]
[1]
Editor's Note: Original Section 4.31, Service Streets (Alleys), which immediately followed this section, was repealed 9-11-1991 by Ord. No. 91-275.
D. 
All lots shall have a number assigned as the address for the property. Address numbers are assigned at twenty-foot intervals. For large lots with frontage greater than 300 feet, a range of address numbers will be assigned and the final number will be determined when the driveway is installed. For lots with smaller than 300 feet of road frontage, a range of address numbers will be assigned and the final number will be determined by the number closest to the center line of the lot.
[Added 1-2-2001 by Ord. No. 2001-384]
Imaginative original and aesthetically appropriate designs shall be encouraged by allowing the subdivider to submit original subdivision designs not in strict conformity with the standards hereinbefore set forth. Such designs shall be prepared for review by the Planning Commission in the form of a detailed site plan, and/or architectural landscape rendering, including proposed location of structures, trees, etc. Such designs may comprise industrial or commercial subdivisions or residential subdivisions of five or more lots. They shall be prepared by registered architects, landscape architects or engineers. Nothing in this section is intended to relieve the subdivider from conformity with this chapter unless they can show that their originality will improve the spirit, character and aesthetics of the Township and this chapter.
The length, width and shape of blocks shall be determined with due regard to provision of adequate sites for buildings of the type proposed, zoning requirements and topography.
A. 
Blocks shall have a minimum length of 300 feet.
B. 
In the design of blocks.(fronting on minor streets) longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.
C. 
Where practicable, blocks along major and collector streets shall not be less than 1,000 feet long.
[Amended 1-2-2001 by Ord. No. 2001-384]
A. 
Crosswalks may be required between streets wherever necessary to facilitate pedestrian and/or bicycle circulation and to give access to community facilities such as parks or playgrounds.
[Amended 1-2-2001 by Ord. No. 2001-384]
B. 
Such crosswalks shall have a width of not fewer than 10 feet.
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except;
A. 
Where reverse frontage lots are required along a major traffic street.
B. 
Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Township Planning Commission may approve a single tier of lots.
Blocks in commercial and industrial areas may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for off street parking and loading areas as well as for traffic circulation and parking for employees and customers. The regulations and controls contained in Chapter 425, Zoning, shall be considered. All entrances are encouraged to be from collector streets only.
The original design provisions of § 350-25 shall also be applicable here.
A. 
General standards.
(1) 
The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.
(2) 
Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
(3) 
Where feasible, lot lines shall follow municipal boundaries rather than cross them in order to avoid jurisdictional problems.
(4) 
Generally, the depth of residential lots shall be not less than one nor more than 2 1/2 times their width.
(5) 
Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.
(6) 
If after subdividing there exist remnants of land they shall be incorporated in existing or proposed lots or legally dedicated to public use, if acceptable to the municipality.
B. 
Lot frontage.
(1) 
All lots shall have direct access to a public street (or to a private street if it meets the requirements of these regulations), with the following exception: up to four lots can be served by a shared driveway in a rural preservation development.
[Amended 12-11-1996 by Ord. No. 96-335]
(2) 
Reverse frontage lots shall be allowed or may be required to provide separation of residential uses from major streets or to overcome specific disadvantages of topography or orientation.
C. 
Driveways and off-street parking. The paving of driveways and off-street parking areas shall be done in accordance with the requirements of Chapter 320, Streets and Sidewalk.
[Amended 9-11-1991 by Ord. No. 91-275]
(1) 
Shared access. A shared access easement may be required for adjacent parcels with frontage and access onto arterial or collector roadways. Driveway entrances shall be located within a shared access easement if provided. The shared access easement shall be a minimum of 20 feet wide and a maximum of 50 feet long.
[Added 1-2-2001 by Ord. No. 2001-384]
D. 
Lot size. Lot dimensions and areas shall be not less than specified by the provisions of Chapter 425, Zoning, or as determined by § 350-21.
A. 
Each property shall connect with an approved public sewer system, if accessible. Where the sewer is not yet accessible but is planned by the Sewer Authority for extension to the subdivision within five years, the subdivider shall install the sewer mains, including lateral connections and manholes as may be necessary to provide adequate service to each lot when connection with the sanitary system is made. The sewer mains shall be suitably capped at the limits of the subdivision and the laterals shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided.
B. 
Sanitary sewers installed by the developer shall conform to all requirements of any local, state or municipal authorities having jurisdiction over sanitary sewers in the subdivision area, including but not limited to University Area Joint Authority regulations.[1]
[Amended 1-2-2001 by Ord. No. 2001-384]
[1]
Editor's Note: See Ch. 14, Authorities.
C. 
Sanitary sewers shall not be leased to carry stormwater.
A. 
Each property shall connect with an approved public water system if available.
B. 
If the water distribution system cannot be connected with an approved public system, the individual well or springs must be installed and tested and conform in complete compliance with the latest Pennsylvania Department of Environmental Protection Public Water Supply specifications covering such facilities. A statement from the Pennsylvania Department of Environmental Protection indicating such requirements have been met shall be submitted to the Township Secretary by the developer.
[Amended 8-12-1975 by Ord. No. 138]
[Amended 8-14-1996 by Ord. No. 96-330]
Storm drainage, culverts and related installations shall be provided in accordance with Chapter 310, Stormwater Management.
A. 
Public open spaces.
(1) 
In reviewing subdivision plans, the Township Planning Commission shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision and shall make such report thereon as it deems necessary in the public interest to the State College Area School Board.
(2) 
Subdividers shall plan for providing or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings, parks, playgrounds and playfields, shopping and local business centers. Areas provided for reserved for such community facilities should be adequate to provide for building sites landscaping and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, subdividers of large tracts should review with the staff of the Centre Regional Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided. Areas provided for the aforementioned parks playgrounds, playfields, etc., shall not lie within any natural watercourses, drainageways, channels or streams as referenced in § 310-20A but shall be considered as separate and desirable topography blending itself to the aesthetics of the community facilities that may be considered.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
The developer shall provide, and so indicate on the plan, suitable areas for public parkland using the following acreage standards:
[Amended 4-23-1997 by Ord. No. 97-399; 1-2-2001 by Ord. No. 2001-384]
Number of Dwelling Units
Acreage Required
0 to 9
None required except for connecting links and easements to nearby parks or trails
10 to 25
1.0
26 to 40
1.5
41 to 60
2.5
61 to 80
3.0
81 to 100
3.5
101 to 150
4.5
Each additional 50
1.0
B. 
Utility easements.
(1) 
Utility easements shall be provided for all poles, wires, conduits, storm and sanitary sewers, gas, water, steam and/or other utility lines intended to service the abutting lots. They shall be a minimum width of 20 feet. No structures shall be placed within their boundaries. Trees may be placed within easements as permitted by utility owner but in no case shall be placed closer than eight feet, horizontally, to the actual utility location.
[Amended 1-2-2001 by Ord. No. 2001-384]
(2) 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines, but at the recommendation of the Planning Commission may be located within any Township street rights-of-way.
(3) 
There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.
(4) 
Subdividers are urged to avail themselves of the facilities provided by the various public utility companies in determining the proper locations for utility line easements.
C. 
Community space.
[Added 11-18-1998 by Ord. No. 98-359]
(1) 
All commercial properties that are 20 acres or larger in size shall provide a community space in proportion to the size of the development. For the purposes of this regulation, a community space shall be defined as a parklet, pedestrian plaza or other community gathering area.
(2) 
The community space may be divided into more than one area on the property. There shall be at least one area of community space of 15,000 square feet or more.
(3) 
The community space shall be centrally located on the site unless an alternate location which meets the intent of this section and is acceptable to the Township is proposed. The community space shall have pedestrian connections to a transit facility and to the front of the largest commercial structure on the property and shall be designed to serve the needs of visitors and employees of the commercial property. The amount of the required community space is set forth in the following chart:
Size of Commercial Property
(acres)
Required Community Space
(acres)
Less than 20
0
21 to 30
1/2
31 to 40
3/4
41 to 50
1
51 to 60
1 1/4
61 to 70
1 1/2
71 to 80
1 3/4
81 to 90
2
[Added 12-11-1996 by Ord. No. 96-335]
In addition to the use and area/bulk regulations contained in Chapter 425 (Zoning), the following design standards apply to rural preservation developments:
A. 
The total number of dwelling units permitted to be developed within a rural preservation development will be established by using the following methodology:
[Amended 1-2-2001 by Ord. No. 2001-384]
(1) 
An informal plan must be submitted to the Township illustrating salient existing features of the subject tract, its surroundings and the general layout of a subdivision using lots of one acre or greater. This informal plan must provide a road network to serve this development.
(2) 
The sewage disposal capacity of the tract shall be determined by identifying one acceptable soil profile excavation for an individual on-lot septic system for each lot in this informal plan.
(3) 
The informal plan shall illustrate the extent and location of environmentally sensitive areas such as steep slopes, wetlands and floodplains. The layout of the informal plan shall be completed to minimize impacts on these areas.
The applicant will be given credit for each lot of one acre or greater contained on the informal plan that contains one acceptable soil profile excavation for an individual on-lot septic system. The total number of lots containing an acceptable soil profile will determine the number of dwelling units permitted for this tract using rural preservation development standards.
B. 
Roads and driveways shall comply with the requirements of Chapter 320 (Streets and Sidewalks) of the Code of Patton Township.
C. 
Public sewer service may be provided to an RPD development only if it is located within the Future Sewer Service Area identified in the Centre Region Act 537 Sewage Facilities Plan. Public water may be provided with approval of the Board of Supervisors and the State College Borough Water Authority.
[Amended 1-2-2001 by Ord. No. 2001-384]
D. 
At least 50% of a tract must remain as open land as defined in Chapter 425 (Zoning). The allowable uses of the open land are as follows:
(1) 
Agricultural uses on a minimum ten-acre area.
(2) 
The conservation of water, soil, forest and wildlife resources, areas for potable water well use and areas for treatment/disposal for wastewater discharges. Protection easements with required separation distances as required by the PADEP shall be provided for water wells and wastewater discharge areas.
(3) 
An estate lot for one single-family dwelling. The estate lot shall be restricted from further subdivision by permanent deed restriction. An estate lot of 10 acres or more is entitled to accessory uses and additional uses by right as described in § 425-31B.
[Amended 1-2-2001 by Ord. No. 2001-384]
(4) 
Park and recreational uses.
(5) 
Stormwater management areas.
E. 
Floodplains, wetlands and steep slopes are not to be impacted by clearing, grading, filling and construction except for essential infrastructure that cannot be located elsewhere.
F. 
Woodlands, healthy trees, fields and orchards should be preserved to create buffer areas to minimize conflicts between agriculture and residences.
G. 
Development on open fields should be located near any existing woodlands or hedgerows and, where feasible, on the least prime agricultural soils.
H. 
An upland buffer of natural vegetation a minimum of 100 feet from any stream, wetland or surface waters shall be preserved or created if not already in existence. (See §350-36P [rural preservation alternative design standards] for subdivision or land development designs not in strict conformity with the standard of 100 feet.)
[Amended 3-10-2010 by Ord. No. 2010-518]
I. 
Disturbance to existing hedgerows, woodlands and tree lines shall be minimized.
J. 
Wildlife habitat areas as identified in the Centre County Natural Heritage Inventory shall be protected.
K. 
Historic, archaeological and cultural sites identified in the Historic Resources of the Centre Region Report and by the Pennsylvania Historic and Museum Commission shall be respected in the site design.
L. 
Lots created as part of a RPD development are prohibited from directly accessing existing roadways. Lots shall only take direct access from interior roads or shared driveways connected thereto. Each RPD development shall include at least one new roadway that complies with Chapter 320 (Streets and Sidewalks).
[Amended 1-2-2001 by Ord. No. 2001-384]
M. 
Common areas and streetscapes shall be landscaped with native vegetation.
N. 
Pedestrian circulation in the form of developed trails or informal paths shall be provided throughout the tract. These trails shall have the ability to establish a system so that the future linkages can be made. If the trails are designated for public use, they may be applied toward the parkland requirement and must be noted on the recorded plan accordingly.
O. 
Required open land shall be designed to be contiguous with adjacent agricultural, open land and other natural areas in accordance with the Comprehensive Plan, Township objectives for Rural Preservation developments, including applicable park and recreation plans, and in order to maintain natural corridors for the movement and migration of wildlife through the development.
P. 
As per § 350-36H, an upland buffer of natural vegetation a minimum of 100 feet from any stream, wetland or surface waters shall be preserved or created if not already in existence. This requirement shall also be deemed satisfied when the following alternative design is implemented. (See § 350-43B for related definitions.)
[Added 3-10-2010 by Ord. No. 2010-518]
(1) 
Streams. The required minimum buffer width may be reduced to no less than 50 feet when a vegetated riparian buffer is installed as follows.
(a) 
Buffer establishment. The width of the riparian buffer shall be measured on a perpendicular line extending outward from the defined top of bank of a stream.
[1] 
Site preparation. Prior to planting, the buffer area shall be prepared as follows:
[a] 
Invasive species as identified in Appendix 2[1] shall be removed.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[b] 
Soil may be tilled in narrow strips to a depth of 12 inches for rows of trees or shrubs.
[c] 
To the extent possible, the area shall be graded to ensure that any runoff entering the buffer area shall enter as sheet flow and not concentrated flow.
[d] 
Plantings shall not be installed any closer than five feet to the top of bank of any stream.
[2] 
Required vegetation. As part of any subdivision or land development of a property that touches or is at least partially located within the riparian buffer, a vegetated buffer shall be installed as follows:
[a] 
Type.
[i] 
Required: trees and/or shrubs. Required plantings shall be installed within the riparian buffer.
[ii] 
Recommended: grasses, sedges and perennials. Though not required to be installed, the planting of grasses, sedges, and perennials outside the first 35 feet of the riparian buffer is recommended. If planted, they should be spaced approximately one to three feet apart or per nursery instructions. See Appendix 3.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[b] 
Density.
[i] 
The required quantity of plantings shall be derived based on the following formula:
Length of Buffera x 50b x 150c / 43,560d = Total Required Plantings
a
=
length of stream frontage located within the riparian buffer
b
=
width of riparian buffer
c
=
required number of trees per acre
d
=
square feet per acre
[ii] 
The survival rate after three years shall meet or exceed 70% of the required density. If, after three years, less than 70% of the trees have survived, additional trees shall be planted to meet the seventy-percent standard.
[c] 
Size.
[i] 
Required: balled and burlapped, and/or large container stock equal to or greater than 1.5 inches in caliper.
[d] 
Species. A minimum of six and a maximum of 12 recommended species shall be planted. For recommended species, see Appendix 1.[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[e] 
Spacing. Recommended random spacing between trees is based on plant size at installation as follows.
[i] 
Tree or shrub greater than or equal to 1.5 inches in caliper: 16 to 18 feet.
[ii] 
Grasses, perennials and sedges: one to three feet apart or per nursery instructions. See Appendix 3.[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
[f] 
Protection.
[i] 
Trees. For any trees less than three feet in height, a tree shelter shall be required.
[A] 
The tree shelter shall be a minimum of three feet tall.
[B] 
The tree shelter shall be installed with a hardwood or bamboo stake a minimum of 42 inches or 3.5 feet tall.
[g] 
Maintenance. Maintenance of the riparian buffer shall remain the sole responsibility of each individual property owner and shall be performed according to the following.
[i] 
In selecting the required tree shelters, landowners should only use shelters with a high likelihood of allowing trees to burst out with no damage.
[ii] 
Tree shelters shall be maintained and replaced as needed.
[iii] 
The landowner shall hire a qualified professional to apply herbicide with the initial planting and once yearly for three years after planting.
[A] 
First application: one year after planting.
[B] 
Second application: two years after planting.
[C] 
Third application: three years after planting.
[iv] 
Where possible, the landowner shall mow non-herbicide alleyways between rows of trees where rodents are a problem. This mowing shall be done each fall for the first three years following planting. Mowing may not be beneficial if a large number of trees are destroyed in the process. Mowing should be site specific.
[v] 
In addition to mowing, maintenance should include mulching and the replacement of mulch as needed, the removal of invasive species (See Appendix 2.[5]) and the removal of dead trees.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
[vi] 
If, after three years, less than 70% of the trees have survived, additional trees shall be planted to meet the seventy-percent standard.
[vii] 
Details for the above are related to the Conservation Reserve Enhancement Program (CREP) and clarified in "Establishment and Maintenance Guidance for CREP Participants and Contractors" and "CREP CP 22 Herbicide Recommendations for Weed Management."
(2) 
Wetlands.
(a) 
Minimum buffer width. The required minimum buffer width may be reduced to no less than 50 feet when stormwater best management practices (BMPs) are utilized for all required stormwater facilities. Examples of such BMPs include, but may not be limited to, bioretention areas, rain gardens/bioretention beds, infiltration trenches and wet ponds when constructed per the standards of Chapter 310, Stormwater Management, or the Pennsylvania Stormwater Best Management Practices Manual when standards do not exist within Chapter 310.
(3) 
Exemptions.
(a) 
Man-made stormwater management ponds, basins and related facilities shall be exempt from the buffer requirements prescribed herein but are subject to any buffer, setback, easement or other pertinent requirements set forth in Chapter 310, Stormwater Management.
(b) 
Wetlands. The installation of a vegetated buffer around wetlands is not required; however, existing vegetation shall be preserved.
(c) 
Limited land area in riparian buffer.
[1] 
Required plantings shall be installed within the riparian buffer if possible. In the event that it can be demonstrated that it is not possible to plant all required vegetation within the riparian buffer, the following shall apply.
[a] 
The remaining trees or shrubs shall be planted in the next available location closest to the riparian buffer. If it can be demonstrated that the next available location does not lie within the riparian buffer, no further vegetation shall be required beyond that which can be installed in accordance with the spacing recommendations herein.
[b] 
If it can be demonstrated that only 50% or less of the total required vegetation can be installed in the riparian buffer:
[i] 
The remaining vegetation may be reduced by 50% and installed as per above; or
[ii] 
The remaining vegetation may be installed as grasses and sedges as per § 350-43D(2)(b) and Appendix 3.[6]
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2] 
Examples of situations that might prevent replacement of vegetation include, but may not be limited to, the presence of existing vegetation immediately adjacent to and surrounding the site, or existing sensitive areas that could be negatively impacted by the installation of vegetation.
(4) 
Development regulations.
(a) 
Within the riparian buffer. The construction of new structures and the improvement or modification to existing structures is prohibited within the riparian buffer unless otherwise stated herein.
(b) 
Outside the riparian buffer. New construction on lands located outside the riparian buffer is permitted in accordance with all other existing local, state and federal land use laws. However, when those lands are part of a parcel which touches or is at least partially located within the riparian buffer, and a subdivision or land development plan must be submitted for approval by the Board of Supervisors prior to construction, a vegetated buffer shall be installed within the riparian buffer in accordance with § 350-36H.
(c) 
Stream access paths. As part of a new buffer installation, or where stream access is restricted by an existing buffer, stream access paths may be created for the purpose of passage to the stream from outlying areas as per the standards of § 350-43E(1)(c).
(d) 
Stream crossings. Any and all local, state and federal regulations pertaining to stream crossings must be strictly adhered to. In addition, such crossings shall be constructed per the minimum standards of § 350-43F.
(5) 
Plan requirements. In addition to all other plan requirements of the Township, a planting plan showing the following information shall be part of any plans submitted to the Township for approval.
(a) 
Planting plan details:
[1] 
Location of all proposed and existing vegetation qualified to be included in the calculation of the vegetation requirement.
[2] 
Tabular notation of the quantity, size and species of existing and proposed vegetation.
[3] 
Proposed spacing for any proposed vegetation.
[4] 
Identification of the riparian buffer.
[5] 
Required stream or wetland setbacks.
[6] 
Location of any proposed stream crossings.
(b) 
Maintenance plan details:
[1] 
A note stating the requirements of to § 350-36P(1)(a)[2][g] above shall be placed on the plan.
[Added 10-24-2007 by Ord. No. 2007-486]
In addition to the use and area/bulk regulations contained in Chapter 425, Zoning, the following design shall apply:
A. 
At least 30% of a tract must remain as open land as defined in Chapter 425, Zoning. The allowable uses of the open land are as follows:
(1) 
The conservation of water, soil, forest and wildlife resources.
(2) 
Park and recreational uses.
(3) 
Stormwater management areas.
B. 
Required open land shall be designed, to the extent practicable, to be contiguous with adjacent open land and other natural areas, including parks, recreation areas and game lands.
C. 
Ownership and maintenance of open land. Ownership and maintenance of open land shall be determined according to the following provisions or other acceptable provision that creates a permanent easement. All open land shall be permanently restricted from future development.
(1) 
Establishment of a corporate ownership of the open land by the homeowners (homeowners' association or condominium association) of the developed portion of the tract, incorporating into the deeds of the homeowners any interest in such open land.
(2) 
Dedication to the Township of improved parkland for active recreational uses. Improvements may include facilities such as, but not limited to, playing fields, playground equipment, hard-surfaced courts, walkways, bikeways, and drinking fountains. The plan for the parkland improvements shall be included on the subdivision plan.
D. 
Floodplains, wetlands and steep slopes are not to be impacted by clearing, grading, filling and construction except for essential infrastructure that cannot be located elsewhere.
E. 
An upland buffer of natural vegetation a minimum of 65 feet from any stream, wetland or surface waters shall be preserved or created if not already in existence.
F. 
Disturbance to existing hedgerows, woodlands and tree lines shall be minimized.
G. 
Historic, archaeological and cultural sites identified in the Historic Resources of the Centre Region Report and by the Pennsylvania Historic and Museum Commission shall be respected in the site design.
H. 
Lots created as part of an A-1 development within the Regional Growth Boundary/Sewer Service Area using public sewer and water are prohibited from directly accessing existing roadways. Lots shall only take direct access from interior public roads. Each development shall include at least one new roadway that complies with Chapter 320, Streets and Sidewalks.
I. 
Roads and driveways shall comply with the requirements for the PC Zoning District of Chapter 320, Streets and Sidewalks, of the Code of Patton Township.
J. 
Pedestrian circulation shall be provided to include:
(1) 
Sidewalks along both sides of all interior streets and along adjacent streets. Sidewalk construction shall conform to Chapter 320, Streets and Sidewalks, of the Code of Patton Township.
(2) 
Trails, walkways, or additional sidewalks, to be available for public use, shall be established on open lands to connect interior sidewalks to existing trails, walkways, or sidewalks on adjacent properties or to foster future linkages on adjacent undeveloped properties.
(a) 
These trails, walkways, or additional sidewalks shall be improved to the level of improvement of the existing trail, walkway, or sidewalk on the adjacent property and shall be contained within an easement providing for public access.
(b) 
Where trails are established for future linkages, these trails shall be contained within an easement providing for public access and shall be improved in accordance with the following:
[1] 
In forested areas, a minimum five-foot-wide trail location shall be identifiable by lining the trail with fallen limbs/branches or surfacing with wood chips.
[2] 
In nonforested areas, a minimum five-foot-wide trail location shall be identifiable by surfacing with asphalt, gravel, or wood chips. Mowed grass trails are not acceptable.
(3) 
Alternative pedestrian circulation plans may be offered for consideration, but alternatives proposing pedestrian circulation on roadways, roadway shoulders, or walkways along rear yards should be avoided. Alternative plans must provide a pedestrian circulation network that connects all residential lots and provides pedestrian access along adjacent streets and pedestrian access to adjacent properties. Alternative plans must also provide for equitable maintenance obligations for all residences in the development.
[Added 5-16-2001 by Ord. No. 2001-388]
In addition to the I-99 Interchange Overlay District requirements in Chapter 425 (Zoning), the following design standards apply to developments within the District:
A. 
Building exteriors. All proposed nonresidential development to be located within the interstate highway and interchange access road corridors shall meet the following requirements and shall be noted on the development plans.
(1) 
Buildings shall use the same materials, or ones that are architecturally harmonious, on all building walls and other building components visible from public rights-of-way. Unpainted plain concrete block shall not be used on building exteriors. Tinted or textured concrete block is acceptable.
(2) 
Glazed areas shall not exceed 60% of the exterior surface of any single building. All glazing materials shall have a maximum of 15% outside visible light reflectivity value.
(3) 
Facades greater than 45 feet in length facing rights-of-way shall employ one or more of the following architectural design strategies:
(a) 
Use of varying materials, textures or colors.
(b) 
Use of architectural detailing or elements, such as windows, colonnades, porches, porticos, columns, pilasters, cornices, or canopies.
(c) 
Varying horizontal elevations, bump outs, and recesses.
(4) 
Facades of retail buildings which face a public right-of-way or parking area shall have a minimum of 30% of the ground floor exterior area devoted to windows or display windows.
B. 
Building placement and site design.
(1) 
Developers are encouraged to avoid construction of buildings on high points of hills or ridges. Any building near a hilltop should not protrude above the natural ridgeline as seen from a site's frontage on the I-99 corridor. Rooftop equipment (including but not limited to satellite dishes and air conditioning units), deck support structures and trash receptacles shall be adequately screened so they are not visible from major public rights-of-way or viewing places. Architectural perspectives or drawings shall be submitted that document compliance with this requirement.
(2) 
Trash receptacles, mechanical equipment, outdoor storage, loading docks, and other accessory uses shall be located or screened in such a manner as to be hidden from all off-property views, including the interstate highway and interchange access road.
C. 
Slope restrictions.
(1) 
For the purpose of this section, the slope(s) of a site shall be determined by utilizing topographic surveys following written guidelines prepared by the Township Engineer and approved by the Board of Supervisors.
(2) 
In areas of steep slopes within the Interchange Overlay District, the following standards shall apply to all grading and development:
(a) 
For slopes averaging 15% to 25%, no more than 40% of naturally occurring slopes shall be developed, graded, deforested, and/or stripped of vegetation. An additional 30% of such naturally occurring slope may be developed upon submission of a report by a qualified professional engineer certifying that the sloped areas may be safely developed and inclusion of two of the following mitigation measures when the disturbed area exceeds 55% of such naturally occurring slope:
[1] 
Preserve other undisturbed land with less than 15% slope equal to 1.0 times the additional area disturbed.
[2] 
Provide for the recharge of stormwater for an amount of impervious area equal to 1.2 times the additional area disturbed. The minimum required recharge volume is equal to 1.5 inches of runoff for the area defined.
[3] 
Provide additional landscaping equivalent to a twenty-foot-wide Buffer Yard D for an area equal to 1.2 times the additional area disturbed. The "Required Plant Units/100" are required for each 2,000 square feet required to be landscaped. The landscaping may be provided on non-wooded, undisturbed ground or in developed areas. Substitutions between types of plantings may be made at the exchange ratios established for setback landscaping.
[4] 
Provide a developer-proposed mitigation of equal environmental value and acceptable to the Township.
(b) 
For slopes averaging greater than 25%, no development shall be allowed, except upon submission of a report by a professional engineer certifying that the steep slope may be safely developed. Furthermore, the owner and/or developer shall agree, as a condition to approval of the development plan, to hold the municipality harmless from and against any and all claims or damages due to approval of such plan. If development is allowed to occur under this subsection, no more than 15% of such naturally occurring slopes shall be developed, graded, deforested, and/or stripped of vegetation.
(c) 
On Lots 4, 6, and 7 of Oakwood Planned Community, no allowed use may be denied solely because a particular lot or lots do not meet the slope restriction regulations of this section as long as the intent of the I-99 Interchange Overlay District is maintained.
[Added 6-20-2001 by Ord. No. 2001-390]
D. 
Stream and wetland buffers.
(1) 
All improvements or land disturbances within the Interchange Overlay District shall be set back at least 100 feet from the top of any stream bank or edge of any wetland in a rural area and 65 feet from the top of any stream bank or edge of any wetland in an urban area. The urban or rural location shall be determined by the location of the Regional Growth Boundary in the Centre Region Comprehensive Plan. This setback shall apply to all streams delineated on the FEMA Flood Insurance Rate Map for the Township and all streams depicted on the Township's Official Zoning Map with drainage areas greater than 100 acres. Where no well-defined top-of-bank exists for an intermittent stream, the setback shall be measured from the line defined by the water surface elevation for the two-year storm.
(2) 
All existing vegetation within the setback established in Subsection D(1) above shall be preserved.
(3) 
Where stream crossings are approved pursuant to applicable federal and state stream encroachment regulations, the setback established in Subsection D(1) above shall be waived as to the approved crossing; provided, however, the natural channel shall be preserved to the maximum extent possible.
[Added 3-26-2003 by Ord. No. 2003-417]
A. 
Cuts. No excavation should be made with a cut face steeper than two feet horizontal to one foot vertical, unless it is shown the excavation is made sufficiently stable to sustain a steeper slope. Retaining walls will be required if a stable slope cannot be maintained. Any retaining wall design must be approved by the Municipal Engineer. The top of the slope of any cut must be located a minimum of 10 feet from property lines.
B. 
Fills. No fill shall be made which creates any exposed surface steeper in slope than two feet horizontal to one foot vertical, except where the fill is located so that settlement, sliding or erosion will not result in property damage or be a hazard to adjoining property, streets or buildings. For an exposed surface steeper than 2:1 to be permitted, the applicant must provide documentation that the steeper slope is not a safety concern. A retaining wall will be required to support the face of the fill where the above-specified requirements cannot be met.
[Added 9-28-2011 by Ord. No. 2011-532]
A. 
Intent.
(1) 
When construction activities result in the disturbance and exposure of sulfur-bearing minerals (hereafter referred to as "pyritic rock" because pyrite is the most common of the base metal sulfides), the unexpected consequences may be physical (expansion as the sulfides oxidize) and chemical as the soluble alteration products become mobile in runoff and groundwater. A common effect of the latter, known as "acid rock drainage" (ARD), is the most widespread. Expansion in situ or from the use of pyritic rock as fill material in construction projects can lead to serious foundation and structural damage.
(2) 
Construction of Interstate Highway 99 in the Skytop area of the Township resulted in the exposure of pyritic veins and the formation of ARD, causing public health concerns and requiring a very costly mitigation effort. The extent and concentration of the "pyrite" veins encountered during that excavation was unexpected. Hence, in the interest of public health and safety, it is the intent of these regulations to regulate certain excavation activities in an effort to avoid hazards associated with the disturbance of pyritic rock.
B. 
Applicability; background.
(1) 
Applicability. These regulations shall apply to the following activities when such activities will result in one or more acres of earth disturbance involving the following soil types: Hazleton, Laidig, Buchanan, Andover, Murrill, and Clarksburg:
(a) 
All nonresidential and all multifamily residential excavation activities, including but not limited to excavations associated with the construction of related buildings, roads, access drives and accessory structures.
(b) 
Excavation activities associated with, but not limited to, the construction of buildings, roads, access drives and accessory structures for residential development when more than one single-family detached dwelling and/or related accessory structures, driveways and other uses accessory to a single-family detached dwelling are proposed to be constructed and served by a common access road, drive or driveway, public or private, whether such construction is to occur initially or cumulatively over time and when such construction is to occur on a lot or lots created under the same subdivision or land development plan.
(c) 
The regulations shall not apply to residential projects limited to the construction of one single-family detached dwelling and/or related accessory structures, driveways and other uses accessory to an existing single primary residential structure, unless such a project requires that an NPDES permit be issued by the Pennsylvania Department of Environmental Protection (PA DEP). If an NPDES permit is required, these regulations shall apply. Please see Appendix 7, A Residential Guide to Excavations and Pyritic Rock.[1] This guide provides a recommended step-by-step approach for proceeding with residential excavations when such activities are exempt from these regulations.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
Further exemptions listed in § 350-40F.
(2) 
Background.
(a) 
The process in determining the appropriate course of action in assessing the potential for ARD is based upon the extent of the planned excavation. The topographic settings and subsurface conditions of the project site are integral to this determination.
(b) 
The term "topographic setting" relates to the characteristics of the ground surface of a project site, while the term "subsurface conditions" refers to the geologies that are likely to be found in each topographic setting. The following information is provided to help the on-site personnel understand the probability for ARD in relationship to the settings and conditions.
(c) 
The three general settings in Patton Township can be referred to as Ridge Crest, Slopes, and Valley Floor. The two general subsurface conditions are Soils and Bedrock. (The top layer of bedrock is referred to as "cap rock.") The following categories combine settings with the typical subsurface condition for that setting in order to provide a general probability for the existence of ARD-producing conditions:
[1] 
Setting A: Ridge Crest, with Hazleton soils. Probability for ARD:
[a] 
Low, if thin soil and thick oxidized cap rock.
[b] 
Moderate to high, if oxidized cap rock is penetrated.
[2] 
Setting B: Slopes, with Laidig, Buchanan or Andover soils. Probability for ARD:
[a] 
Low, if thick colluvial soils and thick oxidized cap rock.
[b] 
Moderate, if thick colluvial soils and thin oxidized cap rock.
[c] 
High, if thin colluvial soils and thin oxidized cap rock.
[3] 
Setting C: Valley Floor, with Murrill or Clarksburg soils. Probability for ARD:
[a] 
Low, if thick soils and thick oxidized cap rock.
[b] 
Moderate to high, if thin soils and thin oxidized cap rock.
350_Settings A B and C.tif
[4] 
The regulations contained herein focus on surface inspections and subsurface conditions only. Prior to beginning any excavation, on-site personnel should review the above information for further assistance in assessing the potential for ARD. See also the flow chart in Appendix 5 and Appendix 4, Subsurface Conditions in Three Topographic Settings.[2] Those appendixes provide a visual depiction of the process and requirements contained within these regulations.
[2]
Editor's Note: Said appendixes are included as an attachment to this chapter.
C. 
Definitions. The definitions set forth below shall be applicable to this section.
ACID ROCK
As used herein, it refers to any rock, soil, regolith or fill in which an accumulation of sulfur-bearing minerals produces sulfuric acid, during weathering. Sulfur may be present as native sulfur (S), sulfide (-S2), or sulfate (-SO4), the last two of which combine with iron or other elements to form minerals.
ACID ROCK DRAINAGE (ARD)
Acid toxic surface water and groundwater draining from an oxidizing and hydrating sulfur source. (See photo below.)
350_ARD.tif
ACID SULFATE SOILS
Soils in which sulfate minerals have precipitated from lateral and upward migrating ARD leachate. The process of migration and deposition is known as sulfuricization. Acid sulfate soils generally occur in flat, low-lying areas down hydraulic gradient from oxidizing sulfide mineral deposits. The secondary sulfate minerals that form near the surface from evaporation are called efflorescent minerals.
COLLUVIUM
Unconsolidated sediments on a hill or mountainside, ranging in size from large boulders down to sand and clay, which were moved downhill due to gravity and deposited lower on the slope. The rate of sediment movement is usually slow, but rapid advancement can happen by landslides or mudslides. Many colluvial soils contain one or more brittle, clay-rich subsoil layers known as "fragipans." Colluvial deposits may continue to move downhill, normally at a slow rate. Transported soils (colluvium), particularly on ridge slopes, may overlie and cover any of the in situ conditions (fresh bedrock, weathered bedrock, residual soils).
EFFLORESCENT MINERALS
Secondary minerals that precipitate at or near the earth's surface from migration leachate and reflect in their composition the composition of the source materials. Although we are interested in those that formed from the oxidation and weathering of pyrite and other base metal sulfides, we need to be aware of other alumina-bearing efflorescent minerals (such as alunite and alunogen) formed from reactions with shale in treated fill site. At Skytop, hydrated iron sulfate minerals, such as copiapite and melanterite, precipitated as fine-grained, powdery, white to yellow to orange encrustations on rocks and construction materials at the surface or in the near-surface environment. Efflorescent minerals are highly soluble in water and typically grow or disappear rapidly depending on local moisture conditions. (See photos below.)
350_Eff Minerals.tif 350_Eff Minerals2.tif
EXCAVATION
Other than customary activities related to landscaping, any disruption of the earth's surface for activities including, but not limited to, clearing and grubbing, the construction of buildings, roads, access drives, driveways and accessory structures which results in one or more acres of earth disturbance when any of the following soil types are present: Hazleton, Laidig, Buchanan, Andover, Murrill, or Clarksburg.
GOSSAN
Typically a hard rock or encrustation on the surface of another rock, composed of iron oxide/hydroxide minerals (and quartz) colored brown, red, orange, and yellow (any or all combinations). They represent the oxidized and leached remnants of sulfide deposits on the weathered surface. Gossans form from oxidation and decomposition of pyrite-bearing rocks and others that host sulfide minerals. The presence of gossan suggests that pyrite and/or other sulfide minerals occur within nearby soil or bedrock. (See photo below.)
350_Gossan.tif
OXIDIZED CAP ROCK
Bedrock weathering in the near-surface environment produces an oxidized and hydrated zone on which soil may be developed. In general it mimics the surface topography. In the Skytop excavation the oxidized cap rock extended to depths of approximately 40 feet near the crest and thinned toward the slopes. This zone of alteration includes the conversion of potentially toxic sulfide minerals to benign oxides and hydroxides and is referred to as the "oxidized cap rock." The depth of the alteration interface varies with rock type, bedding attitude, fracture density, slope angle, climate, and erosion rate and in chemical terms represents a redox (reduction-oxidation) front between oxidizing and reducing conditions. There is a complex relationship between the fluctuating groundwater table and the redox front. Oxidized cap rock may be stripped off by rapid erosion or mass wasting (e.g., landslides) to directly expose fresh bedrock. Gossans are developed in oxidized cap rock over sulfide deposits. In the Skytop excavation, the oxidized cap rock extended to depths of approximately 40 feet near the crest and thinned toward the slopes.
PYRITE
An iron sulfide mineral characterized by a brassy/pale yellow color and metallic luster that superficially resembles gold. If the crystals are large enough to be visible, pyrite is typically seen as small cubes. Finer-grained pyrite occurs as dispersed, isolated crystals (nearly invisible) in a rock matrix or as aggregates of very small crystals that may coat fracture openings in rock or construction materials. Massive deposits of pyrite include small to large (greater than one centimeter) cubic crystals, or rarely very small "whisker" crystals, that comprise veins in bedrock. These veins form in fractures, long after the bedrock itself is consolidated. Such pyrite (and related sulfide minerals such as galena and sphalerite) is referred to as "epigenetic." Pyrite associated with coal deposits is considered to be "syngenetic"; it formed contemporaneously with the coal and normally occurs in layered (bedded) form. (See photos below.)
350_Pyrite Veins1.tif 350_Pyrite Veins2.tif
PYRITIC ROCK
The term shall be deemed to include pyrite, pyrite-bearing rock and sulfur-bearing rock or minerals.
D. 
Inspection and testing. No excavation shall be performed except upon submission of a report by an individual licensed, trained and experienced in the practice of geotechnical engineering certifying that the site has been investigated and tested for the potential presence of pyritic rock and, thus, the potential for acid rock drainage in accordance with the following. Any prescribed testing shall be performed in accordance with methods of common practice unless otherwise stated. See also the flow chart in Appendix 5,[3] which provides a visual depiction of the process and requirements contained within these regulations.
(1) 
Preexcavation. The following procedure shall be required prior to any excavation of the site:
(a) 
Soils identification. Prior to proceeding with excavation, the soil types of the project lands must be identified and mapped. See also the flow chart in Appendix 5 and Map 1 in Appendix 6,[4] which provides an illustration of the general location of the relevant soil types as per the Centre County Soil Survey.
[1] 
Soil types shall be illustrated on any required subdivision or land development plan and/or shall be documented as part of any applicable Patton Township permit application.
[2] 
If any of the following noted soil types are present, these regulations shall apply: Hazleton, Laidig, Buchanan, Andover, Murrill, Clarksburg.
[3] 
If none of the above soil types are present, proceed with the excavation in accordance with customary procedure and applicable Patton Township Code. The regulations of this section shall not apply.
[4]
Editor's Note: Said appendixes are included as an attachment to this chapter.
(b) 
Review geologic literature and maps associated with the site and contact local expertise, including the PA DEP, the geology department of Pennsylvania State University, and local consultants.
(c) 
Visual inspection. Visually inspect ground surface areas of the site for the following identifiers of the potential for ARD: gossans and/or oxidized cap rock, drainage seeps and/or surface waters, distressed vegetation, efflorescent mineralization.
[1] 
Note the results of the visual inspection.
[2] 
If seeps and/or surface waters are present on any portion of a tract of land affected by the excavation, any such seeps and/or surface waters must be tested in accordance with § 350-40D(1)(d), Testing of seeps and surface waters, below.
[3] 
Depending on the presence or absence of one or more of the above identifiers, further evaluation will be determined in accordance with § 350-40D(1)(d), Testing of seeps and surface waters, and § 350-40D(1)(e), Analysis and procedure.
(d) 
Testing of seeps and surface waters. All seeps and surface waters located on the project site must be tested in accordance with the following analytical indicators of the potential for ARD:
[1] 
pH. Customary pH testing shall be performed at multiple points on any seeps and/or surface waters located within 100 feet from any edge of a proposed excavation. The testing shall be conducted at least two times prior to proposed excavation and at three-month intervals between samplings. The number of testing samples and locations shall correspond to methods of common practice.
[a] 
If the pH of any sample is less than 4, this shall be considered a positive indicator for the potential of ARD.
[b] 
If the pH of any sample source is less than 4 and the source exists in close proximity to distressed vegetation and/or the presence of efflorescent mineralization, proceed immediately to § 350-40E, Positive identification: potential acid rock drainage.
[2] 
Specific conductance (EC25). Elevated conductivity shall be considered a positive indicator for the potential of ARD.
(e) 
Analysis and procedure.
[1] 
If any one of the visual indicators is present, it shall not alone be deemed sufficient to require the additional testing of § 350-40D(2)(c), Additional testing requirements.
[2] 
If the pH result of any water sample is less than 4 and one or more visual indicators are present anywhere on site, proceed to § 350-40D(2)(c), Additional testing requirements.
[3] 
If results do not indicate a potential for pyritic rock and/or ARD, proceed to § 350-40D(1)(a), Soils identification.
(2) 
During excavation. If pre-excavation inspection and testing yields negative results, the next process in determining the appropriate course of action is based upon the extent of the planned excavation. Topographic settings and subsurface conditions are integral to this determination. See § 350-40B(2), Background, for additional information.
(a) 
Excavation of soil only.
[1] 
If the deepest extent of excavation will not disturb earth materials beyond the soils, the type(s) of soils present will determine whether or not further evaluation is necessary as noted herein.
[2] 
If any of the following soil types are present, proceed with the excavation in accordance with these regulations: Hazleton, Laidig, Buchanan, Andover, Murrill, Clarksburg.
(b) 
Excavation to or beneath bedrock. If the deepest extent of excavation will disturb earth materials to the point of exposing or disturbing the bedrock, proceed in accordance with the following. During excavation, continue to visually inspect the excavated materials for the presence of gossan and/or oxidized cap rock.
[1] 
Positive results. If gossan or oxidized cap rock is present in the excavated materials, proceed immediately to § 350-40E, Positive identification: potential acid rock drainage.
[2] 
Negative results. If gossan or oxidized cap rock is not present, analyze the excavated soils for total sulfur in accordance with § 350-40D(2)(c), Additional testing requirements.
[a] 
If total sulfur is detected, proceed to § 350-40E, Positive identification: potential acid rock drainage.
[b] 
If the bedrock has been disturbed and no sulfides are present, proceed with excavation.
[c] 
If the bedrock is fresh, has not yet been disturbed, but will be disturbed by further excavation:
[i] 
Analyze excavated materials located beyond the bedrock for total sulfur in accordance with § 350-40D(2)(c), Additional testing requirements.
[ii] 
If total sulfur is detected, proceed to § 350-40E, Positive identification: potential acid rock drainage.
(c) 
Additional testing requirements. When required herein, these tests shall be performed by a person or persons trained and experienced in such testing and analysis. Furthermore, all excavation activities must cease during the testing and analysis prescribed below. The person or persons performing the testing shall first contact the Patton Township Manager and the PA DEP within 24 hours following discovery or in a good faith effort to do so as soon as possible following discovery that these testing requirements shall apply. A report of the findings shall be provided to applicable federal, state and/or local agencies upon completion of the testing. For additional reference, see also Coal Mine Drainage Prediction and Pollution Prevention in Pennsylvania, published by the PA DEP in October 1998, and "The Need for Interdisciplinary Interaction in Route Planning and Site Characterization to Avoid Acid Rock Drainage and Road Bed Heave," by Gold, Doden and Scheetz, 2008. Much of the information contained in those documents is relevant to acid rock drainage in general.
[1] 
Total sulfur. For validity purposes relevant to acid-base accounting, analyze for total sulfur.
[2] 
Acid-base accounting and potential peroxide acidity: proceed with assessment through static acid-base accounting.
[a] 
If net neutralization potential is greater than -5, and PPA greater than 10, it is deemed that ARD is likely to form in the absence of special handling procedures. Proceed to § 350-40E, Positive identification: potential acid rock drainage.
[b] 
If test results do not indicate a potential for ARD, proceed in accordance with § 350-40D(3), Post excavation.
(3) 
Post excavation.
(a) 
Following excavation, the site should be continuously visually monitored for the presence of efflorescent mineralization. When mineral blooms, yellow to white in color, appear and dissolve with following rains, this is a clear indication of pyritic rock being present in the excavated material.
(b) 
If mineral blooms occur, contact the Patton Township Manager and the PA DEP within 24 hours following discovery or in a good faith effort to do so as soon as possible following discovery.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
E. 
Positive identification: potential acid rock drainage.
(1) 
When, at any time, the findings of inspection and testing indicate the presence or potential for pyritic rock and/or ARD, the project manager or other authorized project personnel shall contact the Patton Township Manager and the PA DEP within 24 hours following discovery or in a good faith effort to do so as soon as possible following discovery and prior to resuming excavation activities in order to determine any special handling procedures that may be required.
(2) 
Any further action shall be undertaken only in accordance with any requirements contained herein and any additional requirements imposed by said federal and/or state agencies.
(3) 
The future status of the project shall be determined by any and all applicable federal, state and/or local agencies. Verification of reviews and approvals, as necessary, shall be submitted to Patton Township for review prior to resuming excavation activities.
F. 
Exemptions. The following activities shall be deemed exempt from the requirements contained herein:
(1) 
Lands not containing any of the following soil types: Hazleton, Laidig, Buchanan, Andover, Murrill, Clarksburg.
(2) 
Residential projects limited to the construction of one single-family detached dwelling and/or related accessory structures, driveways and other uses accessory to an existing single primary residential structure, whether or not one or more acres of land is disturbed, unless such a project requires that an NPDES permit be issued by the PA DEP. If an NPDES permit is required, these regulations shall apply.
(3) 
Drinking water, geothermal or other wells drilled in accordance with the Centre Region Building Safety and Property Maintenance Code, 2017 Edition, as per § 270-3 of the Patton Township Code, and as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
Any activity that does not incorporate any excavation as defined herein.
(5) 
Any oil and gas drilling and exploration, surface or subsurface mining operation already regulated by Pennsylvania state law.
G. 
Indemnity. The owner and/or developer shall agree to hold the municipality harmless from and against any and all claims, causes of action, damages and judgments arising out of the presence or discharge of any hazardous substances which existed on or under the subject property prior to the date of first excavation or earth disturbance completed in accordance with any and all local, state and/or federal regulatory requirements.
H. 
Residential guide.
(1) 
Although residential excavation activities are exempt from these regulations when those activities are limited to the construction of one single-family detached dwelling and/or related accessory structures, driveways and other uses accessory to an existing single primary residential structure, and an NPDES permit is not required, it is highly recommended that a landowner proceed in a manner similar to that which is provided herein.
(2) 
Please see Appendix 7, A Residential Guide to Excavations and Pyritic Rock.[5] This guide is meant to assist landowners with a set of recommended procedures when pyritic rock is known or suspected to exist on site. The procedures set forth in the guideline are highly advised, though not required.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Added 7-16-2008 by Ord. No. 2008-498]
A. 
Specific intent. Where feasible, Patton Township encourages the preservation of preexisting, healthy, noninvasive vegetation through the development process, especially if that vegetation is mature trees. Already established trees and plants can reach maturity sooner and thus improve stormwater retention and effectively shade parking lots and buildings earlier. However, construction activity must avoid polluting or compacting the soil around these plants if they are to survive. Hence, the following regulations are intended to protect trees designated by the developer for preservation from the construction process. They are also intended to require the preservation of existing mature, healthy trees within buffer yards, where buildings are prohibited.
B. 
Any tree that exists before development but is proposed for preservation through the development process shall be noted on subdivision/land development plans, unless that tree is part of a group more than 50 feet away from development activities. Tree protection zones shall be delineated on plans and marked on the ground around each of these designated trees during construction using a fence or similar barrier, so as to protect the tree's canopy and root zones from soil compaction, excavation damage, or hazardous materials.
C. 
Prior to the start of any site work, the fences or barriers that mark the tree protection zones must be erected. They must remain in place until the project is completed, unless crossed as specified under Subsection D below.
D. 
The tree protection zones shall be delineated no closer to the trees designated for protection than their driplines (i.e., the area underneath their branches and leaves). Activities inside of the tree protection zones shall be regulated as follows:
(1) 
Excavation or digging shall be prohibited within a radius of the tree designated for protection equal to one foot for each inch of the tree's diameter measured at breast height (54 inches above grade).
(2) 
Temporary haul roads for construction may only pass within the tree protection zones if a PennDOT Class IV geotextile base is installed covered with six inches minimum of mulch, wood chips or gravel to protect the soil from compaction. The roadbed material shall be replenished as necessary to maintain this six-inch minimum depth.
(3) 
Storage of materials is prohibited within a radius of the tree designated for protection equal to two feet for each inch of the tree's diameter measured at breast height (54 inches above grade). The storage or spillage of hazardous materials, such as fuel, is banned within this area.
(4) 
No vehicles shall be parked within the tree protection zones. Vehicles may only cross these zones on temporary roads constructed as required above.
(5) 
Temporary foot traffic during construction shall be kept to a minimum within the tree protection zones. If foot traffic within these zones is necessary, a temporary pathway shall be installed using a PennDOT Class IV Geotextile base covered with no less than three inches of mulch, wood chips or gravel to protect the soil from compaction. The pathway material shall be replenished as necessary to maintain this three-inch minimum depth.
(6) 
PennDOT Class IV geotextile shall be considered a viable alternative to the required subbase where curbs and sidewalks must be installed within tree protection zones.
(7) 
Erosion control devices shall be designed and installed to prevent siltation and/or erosion from occurring within tree protection zones.
(8) 
Trees that are to be removed shall be felled so as to fall away from tree protection zones and to avoid pulling or breaking the roots or branches of trees that are designated for preservation through the development process.
E. 
Within any required buffer yards or screening, all existing, mature, healthy trees must be preserved unless a sidewalk, trail, roadway or utility cannot reasonably avoid them.
[Added 7-16-2008 by Ord. No. 2008-498]
A. 
Specific intent. Patton Township prefers to see the trees and shrubs that are required by the buffering, screening, or landscaping requirements of the Patton Township Code grow to a mature size, normal pruning and trimming aside. At maturity, the aesthetic, environmental, stormwater retention, shading, and cooling benefits of these trees to both the involved development and the Township as a whole will be maximized. But the Township understands that disease, damage, or death may require some vegetation to be removed. This section is intended to regulate when and how required trees and shrubs may be removed and replaced.
B. 
Each tree or shrub that is required to be planted to meet the landscaping, screening, or buffering requirements of this Code and shown on an approved subdivision and/or land development plan shall be maintained, unless the plant is significantly damaged, diseased, or overtly hazardous to human life or property. Only in these circumstances may the required vegetation be removed, and it must be replaced with plants of the same type (shrub, understory tree, or canopy tree), at no less than the originally installed size, within six months.
[Added 2-10-2010 by Ord. No. 2010-517]
Under the authority of Article I, Section 27 of the Pennsylvania Constitution, Act 247, the Municipalities Planning Code as amended,[1] other Commonwealth and federal statutes, and in recognition of the fact that natural features contribute to the welfare of its residents, the following riparian buffer regulations have been enacted to provide an additional set of measures on top of existing regulations to implement reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors.
A. 
Applicability.
(1) 
These riparian buffer regulations shall apply to all subdivisions and land developments of existing properties for which a plan must be submitted to the Township for approval by the Board of Supervisors in accordance with Article II and any and all other applicable regulations.
(2) 
Within the riparian buffer, all existing zoning, land use, and building regulations now in place continue to apply except where the regulations of this section are stronger or more restrictive.
(3) 
Any riparian buffer preservation and maintenance shall remain the sole responsibility of each individual property owner.
(4) 
No action shall be required of landowners of property containing existing structures when no subdivision or land development of that property is proposed.
(5) 
Adoption of these regulations does not grant public access to private property. Any grant of public access remains the prerogative of each individual property owner.
B. 
Definitions. The definitions set forth below shall be applicable to this section.
AGRICULTURAL USE
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aqua cultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. The term also includes agricultural activities and/or Penn State University research intended to demonstrate or implement technological changes in the agricultural industry.
BEST MANAGEMENT PRACTICE (BMP)
Structural or nonstructural stormwater facilities and techniques to maintain or improve the water quality of surface runoff or reduce the quantity of surface runoff in order to mitigate flooding, pollution and reduce soil loss and water quality degradation caused by nutrients, animal wastes, toxins, sediments and runoff.
FLOODPLAIN
Areas adjacent to a stream or river that are subject to flooding or inundation during severe storm events (often called a 100-year floodplain). It would include the area or flooding that occurs, on average, once every 100 years.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling of trees for commercial purposes, which does not involve any kind of land development.
LEVEL SPREADER
A device used to disperse concentrated stormwater flow uniformly over the ground surface as sheet flow.
NATURALIZED STORMWATER BASIN
Stormwater control facilities that are planted with native vegetation rather than maintained as hardscape or lawn.
NUTRIENT
A substance that provides food or nourishment, such as usable proteins, vitamins, minerals or carbohydrates. Fertilizers, particularly phosphorus and nitrogen, are the most common nutrients that contribute to eutrophication.
PLANTING REGION
That area comprising the first 35 feet of the riparian buffer and within which required plantings must be installed, unless otherwise noted.
RIPARIAN BUFFER
That area which borders any body of water on either (or all) side(s) and which extends for a distance measured outward from and perpendicular to its defined top of bank or edge, and within which development is restricted or prohibited.
STREAMBANKS
Physiographic features that normally contain streams within a channel. The bank is distinct from the streambed, which is normally wetted and provides a substrate that supports aquatic organisms.
STREAM CROSSING
A bridge, ford or structure installed across a stream or watercourse for temporary and/or permanent use as a means of ingress and egress, livestock, or construction and/or agricultural vehicles.
STREAM, INTERMITTENT
Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Stormwater management facilities and their related appurtenances constructed as part of a site development project are not considered streams. Constructed drainageways including water bars, swales, and roadside ditches may be considered streams based on interpretation of Township staff and/or expert opinion. (See also "stream, perennial.")
STREAM, PERENNIAL
Surface water drainage channels with definite bed and banks in which there is a permanent flow of water. Stormwater management facilities and their related appurtenances constructed as part of a site development project are not considered streams. Constructed drainageways including water bars, swales, and roadside ditches may be considered streams based on interpretation of township staff and/or expert opinion. (See also "stream, intermittent.")
STRUCTURE
For the purposes of this regulation, anything constructed or erected on a property which requires location on the ground or upon something fixed to the ground.
TOP OF BANK
The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage.
TOTAL BUFFER WIDTH
The sum of the widths of all zones or regions comprising a riparian buffer.
WETLAND
An area that is regularly saturated by surface water or groundwater and is characterized by a prevalence of vegetation that is adapted for life in saturated soil conditions. Such areas include, but may not be limited to, ponds, lakes, swamps, bogs, vernal pools, fens, marshes, and estuaries. For the purposes of this section, "wetland" shall include any and all wetlands; both known and future discovered wetlands.
C. 
Activities within the riparian buffer. The following activities, which are primarily passive in character, may occur within the riparian buffer.
(1) 
Agriculture.
(2) 
Forestry, with Centre County Conservation District approval of an erosion and sedimentation control plan.
(3) 
Removal of trees only where such removal is necessary as a means to eliminate dead, diseased or hazardous stands of trees that jeopardize public safety.
(4) 
Operation of wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands and native planting and reforestation.
(5) 
Stream bank stabilization and/or recommended native tree reforestation.
(6) 
Creation and use of stream crossings for farm vehicles and/or livestock if part of a federal, state and/or privately funded Centre County Conservation District and/or local nonprofit riparian buffer improvement project.
(7) 
Operation of research and monitoring devices such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
(8) 
Creation and use of stream-access routes for fishing, boating, swimming and other similar recreational purposes.
(9) 
Creation and use of new stream crossings for roads, railroads, centralized sewer and/or water lines and public utility transmission lines and/or their related appurtenances (i.e., towers, well houses, pump and lift stations).
(10) 
Passive activities such as camping and picnicking. Active recreation areas, such as sport fields, playgrounds and courts, provided these shall be designed in a manner that will not permit concentrated stormwater flow. The use of level spreaders or similar devices is required.
(11) 
Creation and use of naturalized stormwater basins and level spreaders or other similar structures used to disperse concentrated stormwater in accordance with Chapter 310, Stormwater Management.
(12) 
Creation and use of bicycle and pedestrian paths where necessary to achieve connectivity.
D. 
Buffer establishment. The width of the riparian buffer shall be measured on a perpendicular line extending outward from the defined top of bank of a stream or edge of a wetland.
(1) 
Minimum buffer width.
(a) 
Streams: 65 feet or the extent of the 100-year floodplain, whichever is greater.
(b) 
Wetlands:
[1] 
Greater than or equal to 5,000 square feet: 50 feet.
[2] 
Greater than 2,500 square feet, but less than 5,000 square feet: 25 feet.
(2) 
Required vegetation. As part of any subdivision or land development of a property that touches or is at least partially located within the planting region of the riparian buffer, a vegetated buffer shall be installed as follows.
(a) 
Planting region: Required vegetation shall be installed within a thirty-five-foot-wide area nearest the stream. This shall be referred to as the planting region.
(b) 
Type.
[1] 
Required: trees and/or shrubs. Required plantings shall be installed within the thirty-five-foot-wide planting region.
[2] 
Recommended: grasses, sedges and perennials. Though not required to be installed, the planting of grasses, sedges and perennials outside the thirty-five-foot-wide planting region is recommended. If planted, they should be spaced approximately one to three feet apart or per nursery recommendations. See Appendix 3.[2]
[2]
Editor’s Note: Said appendix is included as an attachment to this chapter.
(c) 
Density. The required quantity of plantings shall be derived based on the following formula:
Length of Buffera x 35b x 700c / 43,560d = Total Required Plantings
a
=
length of stream frontage located within the riparian buffer
b
=
width of planting region
c
=
required number of seedlings per acre
d
=
square feet per acre
(d) 
Size.
[1] 
Required: containerized seedlings and/ or bare root seedlings of any size.
[2] 
Substitutions: whether existing or newly planted as part of these requirements, one tree or shrub of a recommended species:
[a] 
Greater than 0.75 inch in caliper, but less than 1.5 inches in caliper may be substituted for three seedlings.
[b] 
Greater than or equal to 1.5 inches in caliper may be substituted for five seedlings.
(e) 
Species: A minimum of four and a maximum of 12 recommended species shall be planted. For recommended species, see Appendix 1.[3]
[3]
Editor’s Note: Said appendix is included as an attachment to this chapter.
(f) 
Spacing: Recommended random spacing between trees is based on plant size at installation as follows.
[1] 
Seedlings: six to 10 feet.
[2] 
Tree or shrub greater than 0.75 inch in caliper, but less than 1.5 inches in caliper: 14 to 16 feet.
[3] 
Tree or shrub greater than or equal to 1.5 inches in caliper: 16 to 18 feet.
(g) 
Protection.
[1] 
Trees:
[a] 
Less than 1.5 inches in caliper: Tree shelters shall be required for each tree.
[i] 
The tree shelter shall be a minimum of three feet tall.
[ii] 
The tree shelter shall be installed with a hardwood or bamboo stake a minimum of 42 inches or 3.5 feet tall.
[b] 
Greater than or equal to 1.5 inches in caliper: No protection is required.
(h) 
Maintenance. Maintenance shall remain the sole responsibility of each individual property owner and should be performed according to the following.
[1] 
In selecting the required tree shelters, landowners should only use shelters with a high likelihood of allowing trees to burst out with no damage.
[2] 
Tree shelters should be maintained and replaced as needed.
[3] 
The landowner should hire a qualified professional to apply herbicide with the initial planting and once yearly for three years after planting.
[a] 
First application: one year after planting.
[b] 
Second application: two years after planting.
[c] 
Third application: three years after planting.
[4] 
Where possible, the landowner should mow non-herbicide alleyways between rows of trees where rodents are a problem. This mowing should be done each fall for the first three years following planting. Mowing may not be beneficial if a large number of trees are destroyed in the process. Mowing should be site specific.
[5] 
In addition to mowing, maintenance should include mulching and the replacement of mulch as needed, the removal of invasive species (See Appendix 2.[4]) and the removal of dead trees.
[4]
Editor’s Note: Said appendix is included as an attachment to this chapter.
[6] 
Landowners should strive to achieve a survival rate after three years equal to at least 70% of the number of original plantings. If, after three years, less than 70% of the trees have survived, additional trees should be planted to meet the seventy-percent standard.
[7] 
Details for the above are related to the Conservation Reserve Enhancement Program (CREP) and clarified in "Establishment and Maintenance Guidance for CREP Participants and Contractors" and "CREP CP 22 Herbicide Recommendations for Weed Management."
(i) 
Exceptions.
[1] 
Limited land area in planting region:
[a] 
Required plantings shall be installed within the planting region if possible. In the event that it can be demonstrated that it is not possible to plant all required vegetation within the planting region, the following shall apply.
[i] 
The remaining trees or shrubs shall be planted in the next available location closest to the planting region. If it can be demonstrated that the next available location does not lie within the sixty-five-foot riparian buffer, no further vegetation shall be required beyond that which can be installed in accordance with the spacing recommendations herein.
[ii] 
If it can be demonstrated that only 50% or less of the total required vegetation can be installed in the planting region:
[A] 
The remaining vegetation may be reduced by 50% and installed as per above; or
[B] 
The remaining vegetation may be installed as grasses and sedges as per § 350-43D(2)(b) and Appendix 3.[5]
[5]
Editor’s Note: Said appendix is included as an attachment to this chapter.
[b] 
Examples of situations that might prevent replacement of vegetation include, but may not be limited to, the presence of existing vegetation immediately adjacent to and surrounding the site, or existing sensitive areas that could be negatively impacted by the installation of vegetation.
[2] 
Wetlands. The installation of a vegetated buffer around wetlands is not required; however, existing vegetation shall be preserved.
(3) 
Existing vegetation. Existing vegetation shall be preserved, with the exception of identified invasive species which should be removed and monitored on a regular basis. (See Appendix 2.[6]) Existing vegetation shall be deemed as meeting the vegetation requirements of § 350-43D(2) as follows.
(a) 
Invasive species shall not be counted towards meeting the requirement.
(b) 
Any existing vegetation of noninvasive species located within the thrity-five-foot planting region shall be included in the calculation of the vegetation requirement.
(c) 
Where total existing noninvasive vegetation meets the planting density requirement of § 350-43D(2), whether or not consisting of recommended species, the vegetation requirement herein shall be deemed satisfied.
(d) 
Where total existing noninvasive vegetation partially meets the planting density requirement of § 350-43D(2), the remaining density shall be installed as required herein.
[6]
Editor’s Note: Said appendix is included as an attachment to this chapter.
E. 
Development regulations.
(1) 
Within the riparian buffer.
(a) 
Improvements or modifications to existing structures.
[1] 
When an existing structure lies entirely or partly within the riparian buffer, and improvements or modifications to the existing structure will also lie entirely or partly within the riparian buffer, said improvements or modifications shall be permitted, provided that the portion that will lie within the riparian buffer involves less than 50% of the fair market value and less than 50% of the square footage as existed on the date of original enactment of this section, and whether proposed initially or cumulatively.
[2] 
A vegetated buffer shall be installed in accordance with § 350-43D(2).
(b) 
New structures. With the exception of improvements or modifications to existing structures as permitted herein, new structures are prohibited within the riparian buffer.
(c) 
Stream-access paths. As part of a new buffer installation, or where stream access is restricted by an existing buffer, stream-access paths may be created for the purpose of passage to the stream from outlying areas as follows. (For stream-crossing standards, see § 350-43F below.)
[1] 
Quantity:
[a] 
Lot width at stream frontage less than or equal to 100 feet: one access per property.
[b] 
Lot width at stream frontage greater than 100 feet: one access per 100 feet of stream frontage.
[2] 
Width: six feet maximum.
[3] 
Design: To the extent that it is possible, access routes should be designed to cross the buffer at a direct right angle to minimize disturbance.
[4] 
Wearing surface: may remain in its natural state or be improved with other pervious material.
(2) 
Outside the riparian buffer. New construction on lands located outside the riparian buffer is permitted in accordance with all other existing local, state and federal land use laws. However, when those lands are part of a parcel which touches or is at least partially located within the riparian buffer, and a subdivision or land development plan must be submitted for approval by the Board of Supervisors prior to construction, a vegetated buffer shall be installed within the riparian buffer in accordance with § 350-43D(2).
F. 
Stream crossings. Any and all local, state and federal regulations pertaining to stream crossings must be strictly adhered to. In addition, the following minimum standards are recommended.
(1) 
Criteria.
(a) 
Right-of-way. The width of any right-of-way should not be greater than the minimum required by Patton Township, unless additional right-of-way is offered for dedication to the Township.
(b) 
Design. Stream crossings should be designed to cross at direct right angles to minimize disturbance.
(c) 
Separation distance. When multiple stream crossings are proposed on the same property, they should be separated by a minimum of 1,000 feet.
G. 
Plan requirements. In addition to all other plan requirements of the Township, a planting plan showing the following information shall be part of any plans submitted to the Township for approval.
(1) 
Planting plan details.
(a) 
Location of all proposed and existing vegetation qualified to be included in the calculation of the vegetation requirement.
(b) 
Tabular notation of the quantity, size and species of existing and proposed vegetation.
(c) 
Proposed spacing for any proposed vegetation.
(d) 
Identification of both the riparian buffer and the planting region.
(e) 
Required stream or wetland setbacks.
(f) 
Location of any proposed stream crossings.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
[Added 7-18-2012 by Ord. No. 2012-544]
A. 
Intent. On lands identified as having slopes of 15% or greater and comprised of colluvial soils, severe limitations exist or may exist for development activities, including, but not limited to, structures with or without basements, septic tank absorption fields, and local roads and streets. "Colluvial soils" refers to those soils having been formed on colluvium, which consists of loosely consolidated or fragmented earth materials typically associated with moderate to steep slopes. The Centre County Soil Survey identifies the following soil series as being colluvial in nature or closely associated with colluvial soils: Andover, Buchanan, and Laidig. It is the intent of the regulations set forth herein to regulate development activities occurring on slopes of 15% or greater and comprised of any one or more of the above soils to:
(1) 
Identify the location of the most severe soil areas where development is not appropriate;
(2) 
Minimize the potential for damage from erosion, sedimentation and to minimize other degradation to lands or sensitive environmental features;
(3) 
Protect the health, safety and welfare of the citizens of Patton Township.
B. 
Applicability. The following regulations shall apply to any parcel of land containing colluvial soils as defined herein and where those soils are situated on slopes of 15% or greater in grade. Where steep slopes exist without colluvial soils, or where colluvial soils are present in areas not identified as steep slopes, these regulations do not apply. Please note that, although there may be locations that contain colluvial soils that do not fall under the scope of these regulations, any development on or near any area that contains colluvial soils should be undertaken with caution and through consultation with a registered professional engineer.
C. 
Definitions. The definitions set below shall be applicable to this section.
BUILDABLE AREA
That portion of a building lot consisting of the proposed footprint for any structure, access, on-lot disposal system, and any required replacement area; and all land disturbances associated with any construction activity.
COLLUVIAL SOILS
Soils having formed on colluvium consisting of loosely consolidated or fragmented earth materials typically associated with moderate to steep slopes. For the purposes of these regulations, this shall include Andover, Buchanan, and Laidig.
COLLUVIUM
A deposit of soil and rock debris accumulated through the action of gravity at the base of a slope.
DRAINAGEWAY
The natural or man-made path of surface water from a given area.
SEEP
A type of spring. Groundwater flows gradually to the surface at a slower rate than a spring.
SPRING
A concentrated discharge of groundwater emerging and flowing at the ground surface, including perched water flow from the soil.
D. 
Septic system approval. As part of the soils testing for the entire site, the testing for septic systems must be accomplished. The septic systems must be approved by the Township's Sewage Enforcement Officer in conformity with the rules, policies, regulations and specifications of the Department of Environmental Protection (DEP).
E. 
Mapping. In order to determine the likelihood for the presence of colluvial soils, the Centre County Soil Survey should be consulted. The Survey illustrates all the soil series that are found throughout Patton Township and provides an accurate basis for further soils identification and mapping. Soils and topographic mapping shall be performed by a qualified, licensed professional and illustrated on any required subdivision or land development plan in accordance with the following. See also Appendix 1,[1] which provides a map illustrating the general location of steep slopes and colluvial soils in the Township.
(1) 
Soils. Any Andover, Buchanan, and Laidig soils shall be mapped, and a report of the findings shall be submitted and shall include a list of all limitations associated with each soil type as per the Centre County Soil Survey.
(a) 
In order to accomplish the soils mapping, the developer must meet with the Township's Engineer or a designated agent to determine, at a minimum, the location, number and type of soil test pits that will provide a representative sample of the soils present within the area intended to be disturbed.
(b) 
An on-site soils assessment and report preparation must be completed and submitted by a qualified soil scientist or registered professional with the appropriate experience in soil science interpretation, subject to approval by the Township Engineer or designated agent.
(c) 
The soils assessment report will provide the data necessary to prepare a detailed soils map of the site that will allow the applicant to determine the potential to provide roads, driveways and/or structures in accordance with these regulations and whether there is sufficient buildable area to do so.
(d) 
For those properties or sites where the above required soils assessment report definitively indicates that the proposed land disturbance activities will not be impacted by the location of colluvial soils, the remainder of the requirements of these regulations shall not be applicable.
(2) 
Slopes. Slopes equal to or exceeding 15% in grade shall be mapped. In any application for subdivision and/or land development purposes, the applicant shall, using two-foot contours, delineate all slopes meeting or exceeding 15% in grade.
(3) 
Upon completion of the soils and topographic mapping, an area shall be identified on the plan clearly illustrating the buildable area of the parcel. The buildable area shall include the proposed footprint of any structure, accessways, on-lot disposal system(s) and any required replacement area, and all land disturbances associated with any construction activity.
[1]
Editor's Note: Appendix 1 is on file in the Township offices.
F. 
Criteria for subdivision and development. The following criteria will determine the ability to, and establish the process for, the subdivision of land or development of land on parcels to which these regulations apply. The criteria are intended to address activities that may cause instability such as cut and fill processes, runoff from development and disturbance of natural drainage patterns. These criteria apply to land disturbance involving the construction of habitable structures, the installation of paved driveways and the construction of roads which are used for access to a dwelling unit or units.
(1) 
Drainageways and sinkholes.
(a) 
No land disturbance shall occur within 100 feet of a defined drainageway.
(b) 
The required separation distance may be reduced as the result of a hydrological analysis of the characteristics of each specific site and/or the issuance of appropriate state or federal permits associated with the proposed development activity.
(2) 
Floodplain.
(a) 
No land disturbance shall occur within 100 feet of the edge of a floodplain or the Floodplain Conservation District as per § 425-34.
(b) 
This distance may be reduced for areas where there is a minimum rise of 5% between the edge of the floodplain and the area of earth disturbance. Where such reduction in distance is desired, information shall be provided to assure that an adequate separation has been provided.
(3) 
Slope. No land disturbance shall occur within 100 feet downgrade of any area with a slope of 15% or more that is comprised of colluvial soils.
(4) 
Seeps and springs.
(a) 
No land disturbance shall occur within 100 feet of a defined spring.
(b) 
This required separation distance may be reduced as the result of a hydrological analysis of the characteristics of each specific site and/or the issuance of appropriate state or federal permits associated with the proposed development activity.
(5) 
Wetlands.
(a) 
No land disturbance shall occur within 50 feet of the edge of a wetland as defined herein and/or as established by the PA DEP, Army Corps of Engineers or other applicable agency.
(b) 
This distance may be reduced, if necessary, when the appropriate permits from these state and federal agencies are obtained. Where such reduction in separation distance is desired, information shall be submitted that substantiates the need to reduce the separation distance as well as the endorsement of the permitting agencies.
(6) 
Excavation and fill. No excavation or fill that will cause any slope to become unstable, impose loads that may affect the safety of structures or slopes, interfere with adequate drainage for the site area and the drainage area of land tributary to the site, obstruct, damage, or adversely affect existing sewerage or drainage, cause a stagnant pond of water to form, or cause erosion or sedimentation shall be permitted. The following information shall be supplied for any proposed excavation or fill:
(a) 
A report from a licensed professional engineer certifying that such proposed activity will not have any adverse impact noted above.
(b) 
The location and details of the proposed excavation or fill.
(c) 
Proposed erosion and sedimentation control which shall be in accordance with the PA Erosion and Sedimentation Control Manual.
(7) 
Criteria for land accessed across steep slopes with colluvial soils. In many cases, access to an area that is developable may not be possible without crossing colluvial soils. In such cases, the following requirements shall apply:
(a) 
Low-impact driveway or roadway design, in accordance with the associated PaDOT or other recognized standards acceptable to the Township Engineer, shall be used.
(b) 
The proposed location and design of the access shall provide the least practicable disturbance to the colluvial soils in the area.
(c) 
The access is located in conformance with the setback restrictions associated with wetlands, floodplains, springs, drainageways, and watercourses as referenced above.
(d) 
Where conformance with existing setbacks and the standards required herein reduces the buildable area for the access to the extent that such access cannot be built in accordance with Township regulations, the access may extend into a setback area in accordance with the following:
[1] 
When the setback is a requirement of Chapter 350, Subdivision and Land Development, or other chapter not being Chapter 425, Zoning, only the minimum relief necessary to accomplish the construction of the access shall be permitted.
[a] 
This relief shall be granted either in the form of a waiver or modification of requirements.
[b] 
Evidence that the location and design of the access is not adversely impacted by its proximity to any features to which the setback/s apply shall be provided.
[2] 
When the setback is a requirement of Chapter 425, Zoning, relief from the setback shall only be granted by way of a variance subject to the requirements of Article XII.
[3] 
The applicant shall provide a hold-harmless agreement and indemnification in favor of the Township for any damage that may occur to the structure or any other private property as a result of the presence of colluvial soils.
G. 
Activities permitted on steep slopes with colluvial soils. For any new lots created after the date of enactment of these regulations upon which both steep slopes and colluvial soils are present, the following activities shall be permitted and shall be exempt from the requirements of this section:
(1) 
Forestry uses.
(2) 
Private passive park and recreational areas that do not include any habitable structures.
(3) 
Horticultural and agricultural uses related to the tilling of the land, the raising and propagation of crops, trees, shrubs, flowers, fruits and vegetables, and other plant materials.
(4) 
Public or private conservation areas for the conservation of open space, water soil, and wildlife resources.
[Added 12-11-2013 by Ord. No. 2013-549]
Purpose. These regulations have been enacted to provide a set of standards by which temporary use applications shall be reviewed. In addition to the general purpose of this chapter as detailed in § 350-2, these regulations shall provide requirements that pertain to those unique circumstances that generally accompany a temporary use. The regulations contained herein are intended to further preserve the health, safety and general welfare of the residents of Patton Township.
A. 
Applicability.
(1) 
The following regulations shall pertain to all temporary use applications submitted to the Township for review and approval in addition to the procedures of Article XVI of Chapter 425.
(2) 
In addition to the requirements contained herein, any structure installed and used for a temporary use as permitted by these regulations shall meet all applicable building, electrical, property maintenance, fire prevention, mechanical and plumbing codes administered by the Centre Region Code Agency.
B. 
Definitions. The definitions set forth below shall be applicable to this section.
TEMPORARY STRUCTURE
A structure brought on site or installed on site for the purposes of conducting an activity associated with a temporary use. This type of structure shall not consist of a permanent foundation or footing and shall be removed when the time limit for the temporary use has expired.
TEMPORARY USE
A use that is conducted for a fixed period of time with the intent of discontinuing such use upon expiration of an established time limit.
C. 
Procedures. Except when otherwise provided for herein, prior to conducting any temporary use activity and prior to installing any related structures or facilities, a temporary use application must be submitted to the Township for review and approval by the Board of Supervisors. The application shall be submitted a minimum of seven days in advance of the next regularly scheduled Planning Commission meeting and in accordance with the following.
D. 
Site plan requirements. A site plan, drawn to a scale of no less than one inch equals 10 feet, shall be submitted. The site plan may be an informal sketch of the proposal, but shall contain, at a minimum, the following information:
(1) 
Address of the property, name and address of the owner of the property, name and address of the individual(s) proposing the use;
(2) 
Location, height, and size of any proposed structure, in relation to property and setback lines, and municipal boundaries (if applicable);
(3) 
Description of the use of any temporary structure;
(4) 
Length of time the structure(s) will remain on site;
(5) 
Locations and height of any structure(s) existing on the site;
(6) 
Existing and proposed means of ingress and egress;
(7) 
Existing and proposed parking and traffic circulation;
(8) 
Any proposed lighting;
(9) 
Proposed hours of operation;
(10) 
A signed statement by the owner(s) of the property authorizing such use.
E. 
Permit fee. Unless exempt from the fee, a temporary use application shall be accompanied by a permit fee in an amount established by resolution of the Board of Supervisors and as per the Patton Township Fee Schedule.[1] An application will not be considered complete until the appropriate fee has been submitted.
[1]
Editor's Note: The Township Fee Schedule is on file in the Township offices.
F. 
Approvals. The Board of Supervisors shall have the authority to approve an initial application for a temporary use. The Township Zoning Officer or Assistant Zoning Officer shall have authority to approve any subsequent application for renewal of a previously approved application in accordance with the following:
(1) 
The application for renewal shall be consistent with the initial application and approved temporary use. Any application that includes a significant change from the initial application shall be submitted to the Board of Supervisors for their approval. A significant change may include but may not be limited to: the addition of structures, parking spaces, lighting, changes in the hours of operation and ingress/egress.
(2) 
Any use not listed herein shall be reviewed for its similarity to another use that is included in these regulations. Any such requested permit shall be submitted to the Board of Supervisors for their approval.
(3) 
In the event that a dispute arises regarding whether or not a requested use is in compliance with the regulations included herein, any such requested permit shall be submitted to the Board of Supervisors for their approval.
G. 
Activities exempt from regulations. When the following activities do not exceed the limits established in Subsection H(2) through (4) and do not require a permit issued by the Centre Region Code agency for any proposed structure, they shall not be subject to these regulations. At such time that the use exceeds the established limits or does require a permit by Centre Region Code, these regulations shall be in effect.
(1) 
Nonprofit activities.
(2) 
Membership activities.
(3) 
Customer appreciation.
H. 
Temporary uses permitted. A permit shall be required for the following temporary uses, which shall only be permitted in the zoning districts specified for each use and in accordance with the standards of this section. Unless specifically prohibited herein, a temporary use not listed below shall not be considered prohibited but shall be reviewed for its similarity to other uses consistent with the applicable zoning district.
(1) 
Retail uses. In addition to the standards contained in Table 1,[2] the following shall also apply to retail uses.
(a) 
Roadside stand, farm stand.
[1] 
Items sold: Items sold shall be limited as follows:
[a] 
Agricultural crops produced on site.
[b] 
Other consumer-ready crops produced within Pennsylvania.
[c] 
Food products produced by Pennsylvania producers.
[d] 
Other retail products not to exceed 20% of the total sales of the operation.
[2] 
Exemptions: If the sale of agricultural products is permitted as part of an accessory use or other approved plan as per the existing regulations of the Township, these regulations shall not apply.
(b) 
Christmas tree sales.
[1] 
Items sold: Items sold shall be limited as follows:
[a] 
Christmas trees, garlands and other related items created from Christmas trees.
[b] 
Other crafts not to exceed 20% of the total sales of the operation.
(c) 
Fireworks sales.
[1] 
Setbacks:
[a] 
Front: public rights-of-way: 30 feet.
[b] 
From residential property lines or lands zoned residential: 100 feet.
[c] 
Outdoor smoking setback: A setback area of 50 feet shall be established around the perimeter of any location where fireworks are sold and shall be clearly marked as such.
[d] 
Fuel source setback: Fireworks sales shall not be conducted any closer than 300 feet from any existing fueling station, or any fuel source.
[2] 
Items sold: Items sold shall be limited as follows:
[a] 
Only legal fireworks as licensed by the PA State government.
[b] 
Other goods commonly associated with Independence Day, such as flags, banners, party favors and the like.
(d) 
Food stand. In addition to other application requirements for temporary uses, any individual proposing to operate a food stand shall submit to the Township verification that all required licenses have been obtained from the state and in accordance with Chapter 185, Food Establishments and Food Handling.
[1] 
Items sold. Items sold shall be limited to items permitted by the state in accordance with Chapter 185, Food Establishments and Food Handling.
(e) 
Farmer's market.
[1] 
Time limit. Farmer's markets shall be limited to eight consecutive months of operation.
[2] 
Setbacks:
[a] 
Each stand or booth within a farmer's market shall comply with all the setbacks of the zoning district in which it is located.
[b] 
A farmer's market may be located in another designated area where strict conformance with the setbacks of the zoning district is not required. Such an area shall be determined by the Board of Supervisors and shall be clearly marked and located so as to ensure the safety of all marketers and patrons.
[3] 
Items sold: Items sold shall be limited as follows:
[a] 
Any and all foods permitted and properly licensed in accordance with state law as per Chapter 185, Food Establishments and Food Handling.
[b] 
The sale of crafts and other works of art not to exceed 20% of the total number of stands or booths comprising the farmer's market.
[c] 
The sale of other agricultural products, including, but not limited to, flowers, plants, ornamental straw and the like produced in Pennsylvania.
(f) 
Outdoor flea market.
[1] 
Items sold: Items sold shall be limited as follows:
[a] 
Pre-owned items such as antiques, clothing, collectibles, books, tools, sporting goods, furniture and the like.
[b] 
New items, provided they are not sold in bulk and account for no more than 20% of the total value of all items in any one booth or stand.
[2] 
Exemptions: Indoor flea market. Indoor flea markets shall not be subject to the requirements of this section, but shall be reviewed in accordance with the procedures and requirements with any other required zoning permit and/or approval process.
(g) 
Outdoor events. Outdoor events shall include, but not be limited to, the following: festivals, automotive shows, outdoor performances and the like and are subject to the following standards.
[1] 
Setbacks:
[a] 
No special event shall be located any closer than 300 feet to a residential structure. An event shall be exempt from this setback requirement if a written agreement is established with the owner of the residential structure.
[b] 
In addition to the above, the limits of any special event shall comply with all the setbacks of the zoning district in which it is located.
[2] 
Items sold. Items sold shall be limited to those items permitted for other temporary uses regulated under this section. All applicable licenses and approvals must be provided at time of permit application.
[3] 
Mechanical amusement rides. Mechanical amusement rides shall only be permitted upon verification of inspection and approval by the PA State Department of Agriculture.
[4] 
Exemptions: Some special events will not require a temporary use permit. See Subsection H(2) through (4).
(2) 
Nonprofit. Educational or fund-raising activities carried out by nonprofit organizations shall be exempt from the requirements of this section in accordance with the following:
(a) 
The use shall be limited to no more than six consecutive days for each of no more than three events per year. Any use lasting longer than the limit shall be required to obtain a temporary use permit in accordance with this section.
(b) 
Any nonprofit use including the sale of food products shall be required to obtain any applicable license or approval from the state and/or the Health Department and shall provide verification of such to the Township prior to conducting the temporary use.
(c) 
Any proposed structure does not require a permit from the Centre Region Code Agency. Any use including a structure that must be permitted by Centre Region Code Agency must meet the requirements established herein.
(3) 
Membership events. Private events when only members of an existing organization attend and are conducted on site shall be exempt from the requirements of this section in accordance with the following:
(a) 
The use shall be limited to no more than six consecutive days for each of no more than three events per year. Any use lasting longer than the limit shall be required to obtain a temporary use permit in accordance with this section.
(b) 
Any membership event including the sale of food products shall be required to obtain any applicable license or approval from the state and/or the Health Department and shall provide verification of such to the Township prior to conducting the temporary use.
(c) 
Any proposed structure does not require a permit from the Centre Region Code Agency. Any use including a structure that must be permitted by Centre Region Code Agency must meet the requirements established herein.
(4) 
Customer appreciation. Customer appreciation events include those events such as open houses, grand openings or promotional events where items are either displayed or given away to customers free of charge. Such temporary uses shall be exempt from the requirements of this section when in conformance with the following conditions:
(a) 
The use shall be limited to no more than six consecutive days for each of no more than three events per year. Any use lasting longer than the limit shall be required to obtain a temporary use permit in accordance with this section.
(b) 
No food products shall be sold.
I. 
Activities not requiring a permit. The following activities shall not require a permit, provided that no public nuisance is created by any such activity. No activity shall in any way disrupt the normal flow of traffic or otherwise interfere with any public right-of-way. Any such temporary use shall be limited to no more than three consecutive days and limited to no more than two occasions per year, per parcel.
(1) 
Garage sale, yard sale.
(2) 
Neighborhood special events.
J. 
Temporary uses prohibited. Any use not specifically permitted in accordance with these regulations shall not be deemed to be prohibited but shall be considered on the basis of its similarity to another use included herein. Any temporary use proposing to conduct an activity which is not permitted in the zoning district within which it is proposed shall be prohibited unless otherwise approved by the Board of Supervisors.
K. 
Temporary use location. In addition to the zoning districts identified in Table 1,[3] a temporary use may be permitted in another district not listed, provided that the proposed use and location are consistent with the character of adjacent land uses and a written agreement with the adjacent landowners is provided.
L. 
General standards. The following standards shall apply to all temporary uses.
(1) 
Access. All proposed temporary uses shall provide for unobstructed access to, from and within the site. No part of any temporary use, facilities or structures shall be located within any access area.
(2) 
Lighting. Any temporary use to be conducted past dusk shall be required to install lighting on the premises. All lighting shall consist of full cutoff fixtures. Illumination shall not extend onto any public right-of-way or onto any adjacent residential property without written permission from the landowner.
(3) 
Nuisances. No activity conducted as part of a temporary use shall prevent any adjacent or local landowner from enjoying the full use of their property nor shall it endanger their health, safety or welfare. Nuisances include, but may not be limited to the following:
(a) 
Excessive noise.
(b) 
Dust, dirt or other debris generated on the site of the temporary use.
(c) 
Exterior lighting not installed according to Subsection L(2) above.
(d) 
Traffic congestion or hazards caused by insufficient parking or poor access to and from the temporary use.
(4) 
Parking. Parking shall be provided for temporary uses in accordance with the following. Parking spaces shall be of the size and dimensions required in § 350-49, Off-street parking regulations.
Use
Parking Spaces Required
Retail (roadside stand, farm stand, Christmas tree sales, fireworks sales, food stand, farmer's market, flea market, flower sales, etc.)
1 per 250 square feet of gross retail area, plus 1 per employee