[Ord. 3/13/1995]
The purpose of this Part is to supplement the district regulations
contained in Part 3 with additional requirements applicable to certain
specific uses. Therefore, in addition to those standards outlined
in Part 3, the following regulations shall pertain to the identified
uses.
[Ord. 2015-03, 6/15/2015]
1.
Whenever, under this Chapter, a use is neither specifically permitted nor denied, and an application is made to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Board of Supervisors to hear and decide such a request as a conditional use. Subject to the requirements of this Section, the Board of Supervisors shall have the authority to permit the proposed use or deny the use in accordance with the standards governing conditional use applications set forth in §27-1402 of this Chapter. Applicant’s proposed use may only be permitted by the Board of Supervisors if:
A.
It is
not allowed as a permitted use, a conditional use, or otherwise in
any zoning district under the terms of this Chapter;
B.
It is
similar to and compatible with the other uses permitted in the zoning
district where applicant’s proposed use is located; and
C.
It is
in no way in conflict with the general purposes of this Chapter.
2.
The burden
of proof shall be upon the applicant to demonstrate that the proposed
use meets the foregoing criteria and would not be detrimental to the
public health, safety and welfare of the neighborhood where it is
to be located.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011]
Every principal building hereinafter erected shall be located
on a lot as defined. There shall not be more than one principal use
and/or structure and its accessory structures on one lot, except in
the case of multi-family housing developments, mobile home parks,
or other approved land developments.
[Ord. 3/13/1995]
1.
All dwelling
units, including single-family, two-family, and multi-family units
shall adhere to the following requirements:
A.
Every
dwelling unit shall conform to all applicable building, housing, electrical
and plumbing codes in effect in the Township or as may hereafter be
enacted.
B.
Every
dwelling unit shall be placed upon and firmly anchored to a permanent
foundation. A permanent foundation shall consist of masonry construction
placed upon footers set below the frost line or other technique or
methodology of demonstrated capability.
D.
Every
single-family dwelling unit (whether attached or detached) must contain
a minimum of 600 square feet of gross floor area. In the case of multi-family
dwellings, each unit must contain a minimum of 400 square feet of
gross floor area, except for efficiency apartments, where 250 square
feet of gross floor area must be provided for each unit.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-05, 11/14/2016]
1.
The lot
upon which a conversion apartment is located shall have a gross area
at least equal to the minimum lot size for the district in which it
is located.
2.
In the
A-R and R-S Districts, conversions shall be limited to two dwelling
units per structure. In the R-U District however, conversions may
accommodate as many as three dwelling units per structure.
3.
All conversions
shall be subject to the gross floor area requirements set forth in
§27-404D.
4.
Sewage
facilities shall be provided which are capable of treating the volume
of effluent anticipated from the conversion. Where connection to the
municipal sewer cannot be made, certification from the Township Sewage
Enforcement Officer verifying the acceptability and/or suitability
of an existing sub-surface system or a sewage permit for the installation
of a new system shall be submitted as part of an application for such
a use.
5.
No structural
alterations shall be made to the exterior of the building, except
as may be necessary for safety purposes.
6.
The yard,
off-street parking, and other applicable requirements of this Chapter
shall be met.
[Ord. 3/13/1995]
1.
A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as outlined in Part 3. (See §27-429.2 for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Township shall utilize the following criteria and may require additional information to be submitted where it is necessary to adequately protect the health, safety, and welfare of the Township residents.
A.
Every
lot to be used for the placement of a permanent mobile home shall
have a gross area at least equal to the minimum lot size for the district
in which it is located. In addition, the unit must be situated on
the lot to meet the applicable minimum setback line requirements.
B.
Every
permanent mobile home shall meet the minimum standards of all local
building, housing, electrical, plumbing, and other codes in effect
in the Township or as may hereafter be enacted.
C.
Each
mobile home shall be placed upon a foundation. One of the following
types of foundations must be utilized. (See also Paragraphs D and
E below.)
(1)
Permanent Foundation. A permanent foundation shall consist of no
less than footers or masonry construction set well below the frost
line. Such foundation shall be constructed to leave no unnecessary
open space between the mobile home and the foundation, except for
windows or other openings as might be necessary for purposes such
as floodproofing.
(2)
Mobile Home Pad. Where a permanent foundation is not practical or
a temporary foundation is desirable, a mobile home pad may be utilized.
Such pad shall be designed to be level, but shall provide for adequate
surface drainage, and shall be durable and capable of supporting the
maximum anticipated loads. The pad shall be constructed of compacted
crushed stone, asphalt, concrete, or other material approved by the
Township.
D.
Every
mobile home shall be firmly anchored to its foundation prior to the
unit being occupied or used in order to prevent overturning or uplift.
The mobile home foundation shall be provided with anchors and tie-downs,
such as cast-in-place concrete “deadman” eyelets embedded
in concrete or runways, screw augers or arrow head anchors. The anchoring
system shall be designed to resist a minimum wind velocity of at least
90 miles per hour.
E.
Every
permanent mobile home shall have a continuous wall around its entire
perimeter. The wall shall be constructed in accordance with one of
the following methods:
(1)
Wall. A wall may be constructed of concrete or masonry and shall
extend from the unit floor system to concrete footing below the subgrade
frost line; i.e., the extension of a permanent foundation.
(2)
Skirting. If a wall is not used, every mobile home shall be encircled
with skirting designed to compliment its appearance. Skirting shall
include materials which have been prefabricated for this purpose or
other impervious, moistureresistant materials, and shall not include
bales of hay, straw, interior plywood, or other like materials.
F.
Access
to crawl space created by the installation of a wall shall be provided
by means of a lockable panel or door.
G.
Every
unit to be used as a dwelling unit must contain a minimum of 600 square
feet of gross floor area.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Single-family attached dwellings (i.e., townhouses or garden apartments) shall be permitted only where specified in the district regulations, Part 3. Every application for such a use shall meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of land shall meet the requirements of §27-409 of this Chapter governing multi-family housing developments.)
A.
Minimum
Area and Density Requirements.
(1)
The minimum gross lot area required for each single-family attached
dwelling structure shall be as specified in the District Regulations,
Part 3. Singlefamily attached dwelling structures situated in the
R-S District shall contain no more than six dwelling units and in
the R-U District such structures may contain up to eight dwelling
units.
(2)
Where individual dwelling units of a single-family attached dwelling
structure and portions of land on which the structure is located are
proposed to be subdivided and conveyed as separate lots, a minimum
of 4,800 square feet shall be conveyed with each dwelling unit in
the RS District and a minimum of 2,500 square feet shall be conveyed
with each dwelling unit in the R-U District. In such cases the applicant
shall submit sufficient documentation along with subdivision plans
which demonstrates that satisfactory arrangements have been made regarding
the ownership and maintenance of all common ground or open space not
proposed for conveyance. (See also Paragraph I below.)
(3)
Where individual dwelling units of a single-family attached dwelling
structure are to be conveyed independently of any land area, the applicant
shall demonstrate that all other requirements of the Uniform Condominium
Act, 68 Pa.C.S.A. §3101 et seq., will be met. (See also Paragraph
I below.)
(4)
Where individual dwelling units of a single-family attached dwelling
structure are proposed to be subdivided, whether or not such subdivision
includes any land area, all dwelling units contained in the structure
shall be part of the proposed division.
B.
Minimum
Lot Width. The minimum lot width for each single-family attached dwelling
unit shall be as specified in the district regulations, Part 3. The
minimum width required for a lot containing a single-family attached
dwelling structure shall vary depending upon the number of units proposed.
In no case however, shall the lot width for a single-family attached
dwelling structure be less than the minimum required for a single-family
detached dwelling in the district where such structure is located.
C.
Minimum
Yard Requirements. The minimum yard requirements for singlefamily
attached dwelling structures shall be as specified in the district
regulations, Part 3.
D.
Traffic Access and Parking Facilities. Each single-family attached dwelling structure must access onto a public or private internal street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. The number of off-street parking spaces available on the site shall equal no less than two stabilized spaces per dwelling unit.
E.
Sewage
and Water Facilities. Adequate sewage and water facilities must be
provided by the developer in accordance with the standards of the
Pennsylvania Department of Environmental Protection.
(1)
Sewage Facilities. The municipal sanitary sewer system or a private
package sewage treatment system shall be utilized to provide sewage
disposal facilities for such developments.
(2)
Water Supply. The preferred method of water supply shall be by public
or community facilities. However, if the developer can produce sufficient
permits and/or documentation that an individual on-site well(s) will
be adequate, then this means of water supply may be considered by
the Township.
F.
Solid
Waste Collection, Storage and Disposal. Arrangements for the collection,
storage and disposal of solid wastes generated by the proposed development
shall be made by the developer and submitted to the Township for approval
as a part of his application for such a use.
G.
Grading and Landscaping (Soil Erosion and Sedimentation Control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also §27-505.5 of this Chapter.) And where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§27-506 and 27-507.)
H.
Drainage
Control Requirements. All plans for single-family attached dwelling
structures shall include information indicating what types of drainage
control facilities will be installed to handle runoff produced by
the new structure and the grade of the site. The plans should also
indicate where the drainage is to be ultimately channeled. (See also
§27-505.6 of this Chapter.)
I.
Common
Open Space Ownership and Maintenance. Where the conveyance of title
to individual dwelling units of a single-family attached dwelling
structure does not include the conveyance of any land area or does
not include conveyance of the entire site, the developer shall submit
a plan of the arrangements to be made for ultimate ownership of and
maintenance responsibilities for the common open space/land area associated
with the building (including access drives and driveways) as a part
of his application for such a use. Copies of such arrangements shall
be recorded as part of every deed for such conveyances. Where no conveyance
is proposed, the developer shall supply the Township with a copy of
his plan for the maintenance of all common open space areas associated
with the structure.
[Ord. 3/13/1995]
1.
Multi-family dwellings (i.e., apartments or condominiums, but excluding single-family attached dwellings) shall be permitted only as specified in the district regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (Applications proposing to locate more than one multi-family dwelling structure on a single tract of ground shall meet the requirements of §27-409 below governing multi-family housing developments.)
A.
Minimum
Area and Density Requirements. The minimum lot area required for each
multi-family dwelling structure shall be as specified in the district
regulations, Part 3. No multi-family dwelling structure shall contain
more than eight dwelling units.
B.
Minimum
Lot Width. The minimum width required for a lot containing a multi-family
dwelling structure shall be as specified in the District Regulations,
Part 3.
C.
Minimum
Yard Requirements. The minimum yard requirements for multifamily dwelling
structures shall be as specified in the District Regulations, Part
3.
D.
Other
Requirements. All design requirements set forth in §27-407D,
E, F, G, H and I of this Chapter shall also be met.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Multi-family housing developments (the placement of more than one multi-family dwelling structure or more than one single-family attached dwelling structure on a single tract on ground) shall be permitted only as specified in the district regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].
A.
Minimum
Area and Density Requirements. Each multi-family housing development
shall contain a minimum of two contiguous acres of land suitable for
development. The minimum density requirements set forth in §§27-407A
and 27-408A for single-family attached dwellings and multi-family
dwellings, respectively, shall apply to the type of development proposed.
Overall density shall not exceed 10 dwelling units per acre.
B.
Minimum
Lot Width. The minimum required lot width shall vary with each individual
application and shall be dependent upon the number of units proposed
in each structure and the proposed arrangement of buildings in the
development. For developments involving single-family attached dwelling
structures, each dwelling unit shall maintain the minimum width required
in the district regulations, Part 3.
C.
Minimum
Yard Requirements. The minimum yard requirements for multifamily housing
developments shall be as specified in the district regulations, Part
3.
D.
Design
Standards.
(1)
Traffic Access. All proposed site accessways must be adequate, but
not excessive in number; adequate in grade, width, alignment and visibility,
and not located too near street corners, entrances to schools or places
of public assembly and other similar considerations.
(2)
Circulation and Parking. The interior traffic circulation system
must be adequate, and all required parking spaces must be provided
and be easily accessible. No less than two stabilized off-street parking
spaces per dwelling unit shall be available on the site.
(3)
Streets and Drainage System Requirements. All structures within a multifamily housing development must access directly onto a public street or onto a street in the internal road system of the development. All new streets and drainage control systems shall be designed and constructed in accordance with the road and drainage control standards outlined in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (See also §27-505.6 of this Chapter.)
(4)
Sewage Treatment and Water Supply. Adequate public or community sewer
and water facilities must be available or be provided by the developer
in accordance with the standards of the Pennsylvania Department of
Environmental Protection. The developer shall provide sufficient documentation
along with his development plans to indicate that such facilities
will be available.
(5)
Solid Waste Collection, Storage and Disposal. Arrangements for the
collection, storage and disposal of solid wastes generated by the
proposed development shall be made by the developer and submitted
to the Township for approval as a part of his application for such
a use.
(6)
Grading and Ground Cover (Soil Erosion and Sedimentation Control).
Where excavation or grading is proposed or where existing trees, shrubs
or other vegetative cover is to be removed, plans shall be presented
showing what steps are to be taken to avoid soil erosion. Exposed
ground surfaces shall be stabilized or otherwise protected with a
vegetative cover. (See also §27-505.5 of this Chapter.)
(8)
Common Open Space Requirements. For proposals involving 25 or more
dwelling units, a minimum of 10% of the gross area of the development
shall be reserved by the developer as common open space for the use
of all residents of the complex. Such open space may include areas
of land and water, but shall exclude all roads, parking areas, structures,
or service lanes. This area shall also be easily accessible to all
units. Applications for multi-family housing developments shall include
a proposal regarding the ultimate ownership and maintenance responsibilities
for such common open space areas. Copies of such arrangements shall
be included in each deed or lease for a unit in such a development.
E.
Building
Relationships.
(1)
Arrangement of Buildings. Adequate provision must be made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each dwelling unit shall have a minimum of two exterior exposures.
(2)
Maximum Length of Rows. The maximum length of any group of attached
structures shall not exceed 160 feet. A building group must be arranged
in order to be accessible by emergency vehicles.
(4)
Distance Between Buildings and Driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the front
of any building, nor 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011]
2.
Further,
every mobile home placed in an approved mobile home park in Wolf Township,
including replacement units, shall secure a certificate of occupancy
as required by this Chapter prior to being used as a dwelling unit.
All additions proposed for mobile homes located in mobile home parks
shall require a zoning permit from the Township prior to being initiated.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Boarding
or rooming homes may be permitted only in those zoning districts as
specified in the district regulations, Part 3. All applications for
such uses shall also meet the requirements outlined below.
A.
Boarding
or rooming facilities shall be accessory to a single-family dwelling
unit and such uses may or may not include arrangements for meals.
And, for the purposes of this Chapter, the owner of the single-family
dwelling must occupy the unit as its legal resident.
B.
Accommodations
may be provided for up to six additional persons, with a maximum of
two persons per bedroom. Such accommodations shall be for periods
of one week or more.
C.
The lot
upon which the boarding or rooming home is situated shall meet the
minimum area requirements established in the district regulations,
Part 3.
D.
Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall meet all requirements
set forth by the Pennsylvania Department of Environmental Protection.
Where applicable, all requirements of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
the necessary permits or approvals have been obtained shall be submitted
by the developer as a part of his application for a boarding or rooming
home.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011]
1.
Group
homes or institutional residences may be permitted only in those zoning
districts as specified in the district regulations, Part 3. All applications
for such activities shall meet the requirements outlined below.
A.
Residents
of a group home shall maintain a single household unit with shared
use of rooms, except bedrooms, and shall share mealtimes and housekeeping
responsibilities. (There shall be no more than two persons per bedroom.)
B.
Accommodations
in a group home shall be provided for no more than eight residents,
excluding staff, at any one time. For the purposes of this Chapter,
group homes providing accommodations for more than eight residents
shall be considered to be institutional residences. Applications for
group homes shall specify the maximum number of residents or occupants
to be housed or cared for at the facility.
C.
Adult
supervision shall be provided at the facility on a twenty-four-hour
basis.
D.
Applicants
for group homes or institutional residences shall indicate the type
of care, counseling or treatment to be provided at the site. In each
instance, medical shall be incidental in nature and shall not be a
major element of the care being provided at the facility.
E.
Residents
of such facilities shall remain in residence for a period of at least
three months, and a change of residents shall not routinely occur,
except in the case of death, extended illness, disability or similar
circumstances.
F.
The applicant
for an institutional residence shall provide a copy of the complete
license application from the Pennsylvania Department of Public Health,
including drawings, as part of his application for such a use. Revocation
or suspension of the State permit shall constitute an automatic revocation
of the Township zoning permit.
G.
Any zoning
permit issued for a group home or institutional residence shall apply
only to the facility and applicant named, the premises designated,
and for the activities or purposes listed or identified in the application.
Said permit shall be nontransferable.
H.
Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall meet all requirements
of the Pennsylvania Department of Environmental Protection. Where
applicable, all other requirements of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
the necessary permits or approvals have been obtained shall be submitted
by the developer as a part of his application for such a use.
I.
Arrangements
for the collection, storage and disposal of solid waste generated
by the facility shall be made by the applicant and submitted to the
Township for approval as part of the application for such a use.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Personal
care or nursing homes are permitted only in those zoning districts
as specified in the district regulations, Part 3. Every application
for such a use shall meet the requirements outlined below.
A.
Satisfactory
evidence shall be provided by the applicant indicating that the proposed
facility will conform to all applicable State and local regulations
(including regulations of the Pennsylvania Department of Health and
the Pennsylvania Department of Labor and Industry).
B.
Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Protection. Nursing homes must be provided
with community sewer service and/or a public water supply.
C.
Access to the facility shall be provided which meets the requirements set forth in §27-1103 of this Chapter for multi-family residential uses. Adequate off-street parking facilities, meeting the standards of §27-1101, shall also be provided. In addition, pedestrian accessways shall be designated which are distinguished and separated from vehicular drives and parking areas.
D.
Arrangements
for the collection, storage and disposal of all solid wastes generated
by the personal care or nursing home shall be made by the applicant
and submitted to the Township for approval as a part of his application
for such use. Where determined appropriate, the Township may request
review of the proposed arrangements by the Pennsylvania Department
of Environmental Protection prior to granting approval.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-05, 11/14/2016]
1.
Day care
centers, nursery schools, kindergartens, or similar operations which
are licensed by the Pennsylvania Department of Human Services to provide
care for more than 12 children outside of a family residence or those
providing limited daytime care for adult, elderly, or handicapped
persons may be permitted only as set forth in the district regulations,
Part 3. All such uses shall meet the requirements outlined below.
A.
Outdoor
recreation areas of at least 100 square feet per child and 50 square
feet per adult being tended shall be provided. Such areas shall be
completely enclosed with a four-foot chain-link or solid fence located
no less than 25 feet from the edge of any adjoining street right-of-way.
A dwelling or accessory building may be used as part of the required
enclosure.
B.
Screen planting that satisfies the requirements of §27-507 shall be provided to screen all outdoor recreation areas. A solid fence may be considered as a possible alternative to the screen planting at the discretion of the Zoning Officer as long as the solid fence otherwise meets the general requirements of §27-507. If a fence is used, §27-505.2, Fences and Walls, should be followed.
C.
Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Protection.
D.
All other
applicable codes, ordinances or laws (including regulations of the
Pennsylvania Department of Human Services, Pennsylvania Department
of Labor and Industry, and Pennsylvania Department of Education) shall
be met. Satisfactory evidence that all necessary permits or approvals
have been obtained shall be submitted as part of an application for
a day care center. At the discretion of the Township the permits or
approvals shall be made a condition of approval which must be satisfied
prior to the issuance of an occupancy permit.
[Ord. 2016-05, 11/14/2016]
1.
A family
day care home and a group day care home must be licensed and approved
to operate under the applicable regulations of the Pennsylvania Department
of Human Services prior to issuance of an occupancy permit. All such
uses shall meet the requirements outlined below.
A.
Outdoor
recreation areas shall be provided which comply with the regulations
of the Pennsylvania Department of Human Services and at a minimum
shall be enclosed with at least a four-foot chain-link fence or solid
fence located no less than 25 feet from the edge of any adjoining
street right of-way unless the applicable Pennsylvania Department
of Human Services regulations require a higher fence or greater distance.
A dwelling or accessory building may be used as part of the required
enclosure.
B.
Screen planting that satisfies the requirements of §27-507 shall be provided to screen all outdoor recreation areas. A solid fence may be considered as a possible alternative to the screen planting at the discretion of the Zoning Officer as long as the solid fence otherwise meets the general requirements of §27-507.
C.
Sewage
and water facilities shall be sufficient to handle anticipated loading
created by the facility and shall be approved by the Pennsylvania
Department of Environmental Protection.
D.
Satisfactory
evidence that all necessary permits or approvals have been obtained
shall be submitted to the Township as part of an application for a
family day care home or group day care home or at the discretion of
the Township shall be made a condition of approval which must be satisfied
prior to the issuance of an occupancy permit.
[Ord. 3/13/1995; as amended by Ord. 2013-01, 6/10/2013]
1.
Retail establishments shall include those facilities and personal service uses specified in the district regulations, Part 3. These retail and/or service activities may have exterior service or storage areas or partially enclosed structures, including, but not limited to, establishments selling lumber and other building materials; mobile home or modular home dealers; automobile, boat, motorcycle, and recreational vehicle dealers; gasoline service stations with automotive repair; and fuel oil dealers. In addition, every proposed retail establishment must meet the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].
A.
Applications
for retail establishments shall include the following information:
(1)
A sketch plan.
(a)
Show the tract of ground on which the use is proposed and the location
of all buildings or structures existing or to be situated on the site.
(b)
Location showing access to the proposed establishment.
(2)
A written description stating that the use will not have a detrimental
effect on the character of the area or neighborhood where it is proposed
to be located. The description should include the type of business,
hours of operation, number of employees and any other information
that is pertinent.
(3)
Proof of adequate sewage disposal facilities and a safe water supply
will be provided.
(4)
A driveway permit or highway occupancy permit to access the proposed
establishment approved by the Township or PennDOT.
(5)
Agreement for the collection, storage and disposal of solid wastes
generated by the commercial use.
B.
Any outside
display of goods for sale shall meet the required setbacks for the
district.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Bed and
breakfast establishments shall be permitted only in those zoning districts
as specified in the district regulations, Part 3. In addition, the
following standards shall be met:
A.
The operator
of the facility shall reside in the establishment.
B.
Overnight
lodging accommodations shall not exceed 14 continuous nights per patron.
C.
Lodging
accommodations may or may not include arrangements for breakfast or
other meals.
D.
Dining
facilities and services shall be available only to lodgers.
E.
Exterior
alterations to existing structures shall be limited to those customarily
associated with residential uses.
F.
Satisfactory
evidence shall be provided by the applicant indicating that the proposed
facility will conform to all applicable State and local regulations
(including regulations of the Pennsylvania Department of Health and
Pennsylvania Department of Labor and Industry).
G.
Sewage
and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Protection.
H.
Arrangements
for the collection, storage and disposal of solid wastes generated
by the facility shall be made by the applicant and submitted to the
Township for approval as part of his application for such use.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011]
1.
Kennels may be permitted only as specified in the district regulations, Part 3, and shall be subject to the requirements of the Act 1982-225, the Pennsylvania Dog Law, 3 P.S. §459-101 et seq., and the regulations promulgated thereunder. In addition, the following requirements shall be met:
A.
Where
appropriate, the applicant shall provide proof of issuance of a kennel
license from the Pennsylvania Department of Agriculture prior to the
issuance of a zoning permit by the Township. Such licenses shall be
renewed annually, a copy of which shall be supplied to the Township
by the operator.
B.
The lot
upon which the kennel is located shall meet the minimum area requirements
established in the district regulations, Part 3, for the district
in which it is located.
C.
All kennels
shall be effectively screened from adjacent residential properties
and shall not be detrimental to any abutting use.
D.
Any and
all outdoor lighting shall be mounted and shielded in such a way so
as to avoid causing glare on adjacent lots or properties.
E.
All outdoor
kennel area shall be completely enclosed with a chain link fence or
other suitable fence or wall.
F.
Outdoor
kennel areas shall be located at least 100 feet from the property
line of any residential structure, other than the owner’s dwelling.
G.
Adequate
arrangements shall be made by the applicant for the collection, storage
and disposal of excrement, animal parts and other solid waste to the
satisfaction of the Township and the Pennsylvania Department of Environmental
Protection. Such arrangements shall be submitted to the Township for
review as a part of the application evaluation process. Such wastes
shall not create odor, dust or other noxious effects that could be
considered public nuisances.
[Ord. 3/13/1995]
1.
Automotive
service stations and/or repair shops are permitted only in those zoning
districts as specified in the district regulations, Part 3. All applications
for such uses shall meet the standards outlined below.
A.
No gasoline
service station or automotive repair shop shall have an entrance or
exit for vehicles within 300 feet of any school, playground, church
or public place of assembly, nor within 30 feet of any intersection.
B.
Gasoline
pumps or other fuel dispensing devices shall be no closer than 30
feet to any street right-of-way line.
C.
All fuel,
oil, propane gas, or other similar substance shall be stored at least
30 feet from any street right-of-way or property line. (Additional
permits may be necessary to meet State and Federal requirements regarding
the location of storage tanks for such purposes.)
D.
All associated
repair work (excluding preventive maintenance and minor adjustments)
shall be carried out within a structure. All repair materials, including
new, used, discarded or unusable parts of any vehicle, shall be stored
within a building.
E.
Body
work or painting of vehicles may be permitted only where the operation
is to be conducted within an enclosed structure and where such structure
meets the Pennsylvania Department of Labor and Industry regulations
and is designed to contain all noise, vibrations, dust, and odor generated
by the activity.
F.
Automatic
car wash facilities may be permitted in conjunction with such uses
provided that the applicant can show that his sewage treatment facilities
can accommodate the additional loading.
G.
No more
than three vehicles may be offered for sale at any one time at an
automotive service station or repair shop.
H.
Where
adjacent land use dictates (i.e., residential home sites, churches
or similar uses), proper screen plantings or buffer yards of 25 feet
shall be provided.
[Ord. 3/13/1995]
1.
For the purposes of this Chapter, public entertainment facilities shall include, but not be limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of enclosed establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Part 3, the district regulations, and shall be subject to the following standards, in addition to all other applicable State or local requirements.
A.
All such
uses shall be conducted entirely within an enclosed structure.
C.
Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part 10 of this Chapter.)
D.
Adequate
measures shall be taken to prevent noise or other noxious influences
from disturbing nearby residential properties.
[Ord. 3/13/1995]
1.
Adult
entertainment establishments or facilities may only be permitted as
specified in Part 3, the district regulations, and shall be subject
to the following standards, in addition to all other applicable State
or local requirements.
A.
Adult
entertainment establishments shall not be located within:
(1)
Two hundred and fifty feet of the boundary of any R District or other
residential property line.
(2)
Five hundred feet of the property line of any church, school, theater,
park, playground, or other areas where minors congregate.
(3)
Two hundred and fifty feet of the property line of any establishment
licensed by the Pennsylvania Liquor Control Board to dispense alcoholic
beverages.
(4)
Two hundred and fifty feet of the property line of any restaurant,
eating establishment, or grocery store.
(5)
Five hundred feet of the property line of any other adult entertainment
establishment.
B.
Advertisements,
displays, or other promotional materials for adult entertainment establishments
shall not be shown or exhibited so as to be visible to the public
from any street, sidewalk or other public place.
C.
All building
openings, entries, exits or windows for adult entertainment establishments
shall be located, covered or screened in such a manner so as to prevent
a view into the interior from any street, sidewalk or other public
place. In the case of any adult drive-in or motion picture theater,
viewing screens shall be situated so as to prevent observation from
any street, sidewalk or other public area.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2011-03, 4/11/2011; by Ord. 2017-01, 7/10/2017; and by Ord. 2017-03, 7/10/2017]
1.
Industrial uses shall include those manufacturing operations, warehousing facilities and processing activities specified in the district regulations, Part 3. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. Additional documentation may also be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.
A.
Industrial
operations shall abut and/or provide direct access to a street or
highway which is capable of accommodating the anticipated levels and
types of industrial and employee traffic.
B.
Every
industrial or manufacturing operation must be contained within a building,
except as may be provided in Part 3, the district regulations.
C.
All outside, unenclosed storage associated with an industrial or manufacturing use shall meet the requirements set forth in §27-603 of this Chapter.
D.
Adequate
sewer and water facilities shall be provided by the developer in accordance
with the standards of the Pennsylvania Department of Environmental
Protection. The developer shall provide sufficient documentation along
with development plans to indicate that such service will be provided.
E.
Arrangements
for the collection, storage and disposal of all solid wastes generated
by the industrial operation shall be made by the developer and submitted
to the Township for approval as a part of his application for such
a use. Where determined appropriate, the Township may request review
of the proposed arrangements by the Pennsylvania Department of Environmental
Protection prior to granting approval.
G.
Accessory
sales or retail outlets may be permitted to be associated with approved
principal uses, but shall be clearly incidental to the industrial
use of the subject site.
I.
Compliance
with the following minimum performance standards, in addition to all
applicable local, State or Federal codes or regulations (including
DEP’s air, water and noise pollution control standards) shall
be required.
(1)
Sound. The volume of sound inherently and recurrently generated shall
be controlled so as not to cause a nuisance to adjacent uses.
(2)
Vibration. No vibrations shall be discernible beyond the property
lines of the industry.
(3)
Odor. No emission of odorous gas or other odorous matter shall be
permitted in such quantity as would be readily detectable along or
beyond the lot lines of the industrial operation without the use of
instruments.
(4)
Toxic or Noxious Matter. No discharge beyond lot lines of any toxic
or noxious matter in such quantity as would be detrimental or dangerous
to public health, safety, comfort or welfare, or would cause injury
or damage to property or businesses shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable at any point
along or beyond the property lines of the industry.
(6)
Heat. No direct or reflected heat shall be detectable at any point
along or beyond the property lines of the industry.
(7)
Dust and Fly Ash. No solid or liquid particles shall be emitted in
such quantities as would be readily detectable at any point along
or beyond the property lines of the industry or as would produce a
public nuisance or hazard.
(8)
Smoke. No smoke shall be emitted in such quantity as would be become
a nuisance.
(9)
Fire and Explosion Hazards. In all activities involving, and in all
storage of flammable and explosive materials, the owner or operator
of such use shall provide adequate safety devices against the hazard
of fire and explosion, and adequate fire fighting and fire suppression
equipment and devices standard in the industry. Burning of industrial
waste materials in open fires shall be prohibited.
(10)
Radioactivity or Electrical Disturbances. No activities shall be
permitted which emit dangerous radioactivity or electrical disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance.
(11)
Hazardous Materials Operation. No hazardous materials operation shall
be permitted without conditional use approval.
(12)
Medical Marijuana Grower/Processors. No medical marijuana business
shall be permitted without conditional use approval.
[Ord. 3/13/1995; as amended by Ord. 2009-04, 8/10/2009; by Ord. 2010-01, 4/12/2010; by Ord. 2011-01, 1/3/2011; and by Ord. 2016-05, 11/14/2016]
1.
Contractor’s shops and yards may be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following requirements.
A.
Construction,
fabricating and fitting activities shall be conducted within an enclosed
building or structure, unless approved otherwise by the Township Supervisors.
B.
Storage
yards shall be buffered and screened from adjacent areas in accordance
with the requirements of §§27-505.2 and 27-506 of this Chapter.
C.
Written
documentation of the steps the applicant will take to mitigate or
resolve impacts, whether temporary or permanent, specifically related
to potentially noxious, hazardous or nuisance occurrences within the
district or to any adjacent district.
D.
A sketch
drawing must be submitted and approved by the Township Planning Commission
prior to submitting an application to the Township for conditional
use approval.
E.
All driveways
shall be paved for a distance of at least 50 feet from the center
line of the public street from which the site is accessed.
F.
Areas
used to store equipment and parking for staff and visitors must be
covered with stone and kept at all times in a dust and mud free condition.
The required number of parking stalls shall be determined by the use
of each building on the site.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011]
1.
Extraction
operations, such as quarries or other commercial excavation of sand,
gravel, clay, shale, rock or other natural mineral deposit as may
be defined by State or Federal regulations, may be permitted only
as specified in the district regulations, Part 3. Such operations
shall comply with Pennsylvania Department of Environmental Protection’s
and/or applicable Federal permit requirements and evidence of such
compliance must be submitted with any application for an extraction
operation. In addition, the following standards shall be met.
A.
The minimum
area required for an extraction operation shall be five acres.
B.
Extraction
operations shall abut on or provide direct access to a street or highway
capable of accommodating heavy trucks and employee traffic. Truck
access to any excavation site shall be arranged to minimize danger
to traffic and nuisance to surrounding properties. The Township Supervisors
may require the applicant to post a highway performance bond in order
to assure the maintenance of local municipal roads used for access
and transportation of resources, materials and products of the operation.
The amount of the bond shall be set by the Township Supervisors and
shall be valid for one year. An annual renewal and update of the zoning
permit for the activity, including the amount of the bond, shall be
required. The bond shall be administered in accordance with the provisions
of Article V of the Pennsylvania Municipalities Planning Code, as
amended, 53 P.S. §10501 et seq., relating to improvement agreements.
C.
The applicant
shall submit plans which indicate what precautions will be taken to
avoid soil erosion and sedimentation problems wherever any excavation
is proposed. The applicant shall consult the County Conservation District
concerning these plans and shall obtain a report on the soil characteristics
of the site and the acceptability of his erosion control plans. Exposed
ground surfaces shall be stabilized or protected with a vegetative
cover to prevent soil erosion, unless other erosion control techniques
are approved.
D.
Screen plantings, buffering, and fencing shall be provided along the perimeter of the excavation site as may be required by State or Federal regulations. Where not specifically regulated by State or Federal standards, a buffer yard of 50 feet and screening in accordance with §27-507 of this Chapter shall be provided. In addition, in the case of open excavation, a fence, at least six feet in height, shall completely surround the excavation area.
E.
The minimum
performance standards contained in §27-421I of this Chapter shall
be met by such operations.
F.
No extraction
activities, stockpiling or storage of extracted material shall be
located closer than 100 feet to any property line, street right-of-way
line, or residential dwelling nor less than 250 feet from any stream
or body of water.
G.
Where
permitted, rock crushers, batching or mixing plants, or other grinding,
polishing or cutting machinery shall be set back a minimum of 150
feet from all property lines and public rights-of-way and shall be
subject to such additional conditions and safeguards deemed necessary
by the Township Supervisors to protect the public health, safety and
welfare.
H.
Following
the extraction operation, the applicant shall restore the area to
a contour satisfactory to the Township Supervisors. The applicant
shall provide plans and proposals indicating the process to be followed
to bring about this restoration as a part of his application for such
a use. If it is determined appropriate by the Supervisors, they may
require a performance bond from the applicant to ensure that such
restoration will take place. Such bond shall be administered in the
same fashion as the highway performance bond discussed in Paragraph
B above.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011]
1.
Municipal or residual waste landfills may only be permitted in those zoning districts as specified in the district regulations, Part 3, and shall be subject to the following standards as well as all applicable requirements of the Pennsylvania Department of Environmental Protection (25 Pa.Code, Chapters 271-299, relating to municipal and residual waste regulations, or as may hereafter be amended).
A.
The minimum
area required for a municipal or residual waste landfill shall be
25 contiguous acres.
B.
The applicant
shall obtain approval for the proposed facility from the Pennsylvania
Department of Environmental Protection prior to the issuance of a
zoning permit by the Township.
C.
Municipal
or residual waste landfills shall abut on or provide direct access
to an arterial highway capable of accommodating the anticipated type
and volumes of traffic generated by the facility. Access to any such
facility shall be designed to minimize danger to normal traffic and
nuisance to surrounding properties. In addition, all such access roads
shall at a minimum meet the requirements set forth in §273.213
of Chapter 273 and §288.213 of Chapter 288 of Title 25 of the
Pa.Code, or as may hereafter be amended.
D.
Municipal
or residual waste landfill sites shall be completely enclosed by a
fence to prevent unauthorized access and to prevent debris from being
blown from the site. In addition, all requirements relating to access
control contained in §273.212 of Chapter 273 and §288.212
of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be
amended, shall be met.
E.
Municipal
or residual waste landfills shall not be sited in the following locations:
(All distances shall be measured from the property line of the facility.)
(1)
Within a 100-year floodplain.
(2)
In or within 300 feet of a wetland.
(3)
Within 100 feet of a perennial stream.
(4)
In a valley, ravine or the head of a hollow where the operation would
result in the elimination, pollution or destruction of a portion of
a perennial stream.
(5)
Within ¼ mile upgradient and within 300 feet downgradient
of a private or public water source.
(6)
Within 100 feet of a property line or the right-of-way of a public
street.
(7)
Within 300 feet of an occupied dwelling.
(8)
Within 300 yards of a building owned by a school district or a school.
(9)
Within 300 yards of a park or playground.
(10)
Within 10,000 feet of a runway used by turbine-powered aircraft at
a Federal Aviation Administration (FAA) certified airport.
(11)
Within 5,000 feet of a runway used by piston-type aircraft at an
FAA certified airport.
(12)
Within the conical area for runway flight paths that are used by
turbinepowered or piston-type aircraft.
(13)
Within 25 feet of a coal seam, coal outcrop or coal refuse.
(14)
In coal bearing areas underlain by recoverable or mineable coals.
(15)
In areas underlain by limestone or carbonate formations where the
formations are greater than five feet thick and present at the topmost
geologic unit.
G.
A copy
of the geology, soils and hydrology descriptions required by §§273.115-273.120
of Chapter 273 and §§288.122-127 of Chapter 288 of Title
25 of the Pa.Code, or as may hereafter be amended, shall be submitted
as a part of an application for a municipal or residual waste landfill.
H.
A copy
of the water quality protection and monitoring plan required by §§273.151
and 273.152 of Chapter 273 and §§288.151 and 288.152 of
Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended,
including a soil erosion and sedimentation control plan, shall be
submitted as a part of an application for a municipal or residual
waste landfill.
I.
A copy
of the gas monitoring and control plan required by §273.171 of
Chapter 273 and §288.161 of Chapter 288 of Title 25 of the Pa.Code,
or as may hereafter be amended, shall be submitted as a part of an
application for a municipal or residual waste landfill.
J.
A copy
of the emergency contingency plan required by §273.181 of Chapter
273 and §288.171 of Chapter 288 of Title 25 of the Pa.Code, or
as may hereafter be amended, shall be submitted as a part of an application
for a municipal or residual waste landfill.
K.
A copy
of the postclosure land use plan and closure plan required by §§273.191
and 273.192 of Chapter 273 and §§288.181 and 288.182 of
Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended,
shall be submitted as a part of an application for a municipal or
residual waste landfill.
L.
The applicant
for a municipal or residual waste landfill shall demonstrate, to the
satisfaction of the Township, sufficient financial responsibility
for the operation of the proposed facility and the ability to provide
for insurance protection for personal injury and property damage to
third parties arising from the operation of the facility. A copy of
the collateral and/or surety bond guarantees required by §271.311
of Chapter 271 and §287.311 of Chapter 287 of Title 25 of the
Pa.Code, or as may hereafter be amended, shall be submitted as a part
of the application for the facility.
M.
In addition
to the foregoing requirements, the applicant shall provide evidence
that all other required governmental approvals have been granted prior
to the issuance of a zoning permit. Required improvements shall include,
but are not limited to, approvals by any Federal or State agencies,
stormwater management plans, subdivision and land development plans
(including appropriate financial guarantees), and approvals under
any County or Township ordinances.
N.
In the
event the landfill is found to be in violation of any other governmental
regulations which require that the operations of the landfill shall
cease, such action shall cause the zoning permit to be void and forfeited.
No resumption of the landfill shall take place in such event unless
and until the applicant submits and obtains approval of a new zoning
permit application pursuant to the requirements of this Chapter and
other municipal regulations in effect at the time that such new application
is submitted.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2016-05, 11/14/2016]
1.
Irrespective of the specific uses listed or permitted in any of the Township’s zoning districts, agricultural programs shall be permitted and encouraged as an interim use until such time as the property owner sells or transfers his property interests to persons, agents or others interested in developing a use in conformance with the district regulations set forth in Part 3 of this Chapter. All agricultural uses initiated after the effective date of this Chapter shall be subject to the following safeguards and regulations.
A.
General
Agricultural Use Regulations. The following general regulations shall
apply to all agricultural or family farming uses, as appropriate.
(1)
Private gardens shall be permitted in all zoning districts.
(2)
The maintenance of livestock (including cattle, horses, pigs, etc.)
and poultry shall be prohibited in the Residential Suburban and Residential-Urban
Districts. Household animals or pets intended for personal, domestic
use shall be exempt from these regulations. Commercial animal husbandry
activities may only be authorized in the Agricultural-Rural District
and only as provided in the district regulations.
(3)
All buildings and/or storage associated with the maintenance of livestock
in the A-R District or Floodplain Districts shall be set back from
any property line or public street right-of-way in accordance with
the general setback requirements of the applicable district regulations.
(4)
Buildings in which livestock and/or poultry are to be housed (temporarily
or permanently) in an Agricultural-Rural District shall not hereafter
be erected within 50 feet of a property line nor within 25 feet of
a street right-of-way. (See also agricultural district regulations
for front yard setback requirements for agricultural structures.)
(5)
In the Agricultural-Rural District, no hazardous materials, compost, manure or other similar storage shall be located closer than 100 feet to any occupied dwelling (other than the owner’s residence), nor closer than 50 feet to any property line, stream, water body or wetland area. (See also Subsection B below for setback requirements for concentrated animal operations.)
(6)
For the purposes of this Chapter, the first building constructed
on a farm in the Agricultural-Rural District which is devoted to agricultural
use will be considered to be the principal structure on the tract,
and any subsequently constructed buildings on the same parcel which
are associated with agricultural operations will be considered to
be accessory structures. No land development approval will be required
for the addition of such accessory structures.
(7)
All waste storage ponds, waste storage structures (including waste
storage tanks and waste stacking facilities), and waste treatment
lagoons established after the effective date of this Chapter shall
be planned, designed, constructed, operated and maintained in accordance
with all applicable Federal and State standards and specifications.
(See also Paragraph B below for standards pertaining to concentrated
animal operations.)
(8)
To avoid potential safety problems, cultivation activities shall
not be located within the clear sight triangle of any public street
intersection.
(9)
Nothing contained in this Chapter shall prohibit a farmer from carrying
out normal farming activities, including the spreading of manure.
B.
Concentrated
Animal Feeding Operation Regulations. Concentrated animal feeding
operations (CAFO) may only be permitted in an Agricultural District,
and all new or expanded CAFO’s shall require conditional use
approval from the Township Supervisors prior to the issuance of a
zoning permit for the activity. In addition, all applications for
CAFO’s shall satisfy the following criteria:
(1)
All concentrated animal feeding operations shall meet the current
requirements set forth in the final draft of the PA Nutrient Management
Regulations, as approved by the PA Nutrient Management Board on December
11, 1996, or as may hereafter be adjusted and adopted by the State
Conservation Commission, for the preparation and submission of Nutrient
Management Plans. In particular, all such operations shall meet the
standards established in the Nutrient Management Regulations pertaining
to nutrient application, manure management, and manure storage facilities.
(2)
All applications to the Township for new or expanded concentrated
animal feeding operations shall include the following information:
(a)
A detailed, written description of the type and size of operation
being proposed.
(b)
A site plan illustrating the proposed location of all outdoor feedlots,
animal confinement buildings, manure storage facilities, and manure
application areas, and their relation to existing occupied dwellings
(other than the owner’s residence).
(c)
A copy of the applicant’s Nutrient Management Plan, reviewed
and approved by the Lycoming County Conservation District, the State
Conservation Commission, or their designated agent.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
Camps,
cabins or vacation homes may be permitted only in those zoning districts
as specified in Part 3, the district regulations. Every such structure
shall meet the requirements outlined below.
A.
For the
purposes of this Chapter, camps, cabins or vacation homes shall be
construed to mean permanent structures used only periodically during
the year. Such use may include shelter during hunting and fishing
seasons, private vacation and/or weekend or holiday uses, or other
similar periodic visits at any time of the year.
B.
Every
lot to be utilized for such use shall meet the minimum area and yard
requirements set forth in the district regulations, Part 3.
C.
Every
camp, cabin or vacation home shall be provided with adequate sewage
disposal and water supply systems subject to the applicable rules
and regulations of the Pennsylvania Department of Environmental Protection.
Satisfactory evidence that all necessary permits of this type have
been obtained shall be submitted as a part of an application for such
a use.
D.
A camp, cabin or vacation home shall not be converted to a permanent, fulltime dwelling unit unless the same shall conform to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all foundation and gross floor area requirements contained in §27-404 must be met and adequate sewage and water supply systems must be provided.
E.
Where
such uses are proposed to be located in a Flood Fringe or General
Floodplain District, all requirements regarding floodproofing contained
in Part 9 shall be met.
F.
No more
than one permanent camp, cabin or vacation home shall be erected on
an individual lot.
G.
No buses,
trucks, or recreational vehicles are permitted as permanent camps,
cabins or vacation homes. They may be used for temporary purposes
for a period of time not exceeding 180 days in any calendar year.
[Ord. 3/13/1995]
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004]
1.
If specific
recreational facilities are not specified or regulated elsewhere in
this Chapter, the following standards shall apply.
A.
All such
uses shall meet the minimum area and yard requirements set forth in
the district regulations, Part 3, for the district in which they are
to be located.
B.
A plan
showing the proposed facilities and/or design of the recreational
facility shall be provided by the applicant with his application for
the use.
C.
A statement
shall be submitted by the applicant indicating the reasons why the
proposed facility is appropriate for the district in which it is to
be located.
D.
Off-street parking facilities shall be provided in accordance with the requirements of §27-1101 of this Chapter.
E.
Sewage
disposal facilities shall be provided by the applicant in accordance
with the standards of the Pennsylvania Department of Environmental
Protection.
F.
Arrangements
for the collection, storage and disposal of all solid wastes generated
by the facility shall be made by the applicant and submitted to the
Township for approval as part of his application for the use.
G.
Outdoor
security lighting shall be provided for the facility. Such lighting
shall be installed and shielded however to eliminate direct glare
on adjacent properties or upon public streets.
H.
All buildings, structures or active recreation activities shall be appropriately screened in accordance with the requirements of §27-507 of this Chapter and shall be set back at least 50 feet from all property lines. Where the proposed activity could create a potentially hazardous situation, such as a shooting range, additional precautions shall be taken by the applicant to ensure the safety of the public and such uses shall require conditional use approval from the Township Supervisors. In all such circumstances, the Supervisors shall review the precautions being proposed and shall determine their adequacy.
I.
The proposed
hours, rules, and security arrangements for the facility shall be
included with the application for any such use. Consideration shall
be given not only to the convenience of the users, but the convenience,
safety and welfare of the neighborhood or area in which the facility
is to be located.
[Ord. 3/13/1995; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2011-01, 1/3/2011; by Ord. 2016-05, 11/14/2016; and by Ord. 2018-02, 9/10/2018]
1.
Circuses,
Carnivals or Open-Air Cultural, Religious, or Sporting Events. A temporary
zoning permit may be issued by the Zoning Officer for a temporary
use such as a carnival, circus or open-air cultural, religious, or
sporting event in the A-R AgriculturalRural District. Such temporary
permit shall be valid for no more than 14 days and shall be issued
only after the applicant has met the following requirements:
A.
If the
temporary use is to take place on land not owned by the applicant,
the applicant shall present a written statement from the owner of
the property in which he agrees to the temporary use of his property.
B.
The applicant
shall provide sufficient insurance coverage to adequately protect
the Township against any damage, accident or other claim resulting
from the event. Evidence of such insurance shall be submitted as a
part of the permit application.
C.
The site
of such temporary use shall not be left unattended by the applicant
or agents of the applicant at any time during which the use is located
on the site.
D.
Information
concerning water supply and sewage disposal facilities to be used
shall be presented by the applicant with assurance from the Pennsylvania
Department of Environmental Protection that these arrangements are
adequate.
E.
Any solid
waste generated by the temporary use shall be collected and disposed
of in an acceptable fashion by the applicant.
F.
The applicant
shall assure the Township that all vendors intending to dispense food
or beverages to the public will be properly licensed or approved by
the Pennsylvania Department of Health to do so.
G.
Assurance
shall be given by the applicant to guarantee that there is adequate
space to satisfy the parking demands that will be generated by the
use and that adequate traffic control precautions will be taken.
H.
All wagons,
tents, temporary structures, animals and any other materials brought
to the site, as well as all debris or refuse generated by the event,
shall be removed by the applicant within the time limit stated on
the temporary permit and prior to vacating the site.
|
The Zoning Officer shall note on the temporary permit or attach
to the permit application, information that demonstrates that the
applicant has agreed to or complies with the requirements of this
Section. The Zoning Officer shall inspect the site as necessary to
ensure that the provisions of the permit are adhered to.
|
2.
Mobile
Homes. Mobile homes providing temporary quarters, either for residential
or construction use, may only be authorized for limited periods of
time. When so authorized, such units shall be subject to the following
standards:
A.
A temporary
zoning permit shall be required, and when issued, shall indicate the
specific period of time for which the authorization is granted. (See
§27-1503.10.)
B.
The Zoning
Hearing Board may grant an extension to or renew the temporary permit
for a longer period of time, if in their opinion the applicant encountered
unforeseen circumstances in carrying out the operation for which the
original temporary permit was issued; or if the permit covered residential
use, the refusal of an extension would cause an undue hardship to
the applicant.
C.
Information
concerning water supply and sewage disposal facilities to be used
shall be presented by the applicant as part of his zoning permit application,
along with assurance from the Pennsylvania Department of Environmental
Protection or Township Sewage Enforcement Officer that these arrangements
are adequate.
D.
All such
mobile homes shall be removed from the site by the applicant upon
expiration of the permit at no cost to the Township.
E.
Mobile
homes shall not be placed in a designated Floodway District.
3.
Garage,
Porch or Yard Sales. Owners or occupants of homes located throughout
the Township may sell household personal property belonging to themselves
at garage, porch or yard sales or similar occasional sales held only
at their primary residence. An “occasional sale” is defined
as no more than two items on display for sale at one time and shall
not be displayed in excess of 30 days. No zoning permit shall be required
for such sales, however all such activities shall meet the following
standards:
4.
Temporary/Storable
Swimming Pools. Swimming pools of this type located in the Township
shall not require a zoning permit but shall apply for a building permit
and follow the appropriate section of the International Building Code.
5.
Temporary
Roadside Stands. Temporary roadside stands may be permitted in all
districts, provided that the following criteria can be met:
A.
Temporary
stands shall not exceed 400 square feet in size and shall be removed
during the time when not in use for the sale or display of products.
B.
Temporary
stands shall be located at least 25 feet from the edge of the adjoining
street right-of-way and at least 50 feet from any intersection.
C.
Zoning
permits shall be renewed annually for temporary roadside stands. There
shall however be no charge for the renewal of these permits.
[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011; and by Ord. 2018-02, 9/10/2018]
A temporary zoning permit may be issued for a temporary use
such as a carnival, circus or open-air cultural or sporting event
in any floodplain district. An applicant for such a temporary permit
shall be subject to the standards of §27-429.1. In addition,
if there is a threat of flooding or a flood warning is issued by the
County flood warning system or National Weather Service, all wagons,
tents, temporary structures, animals and other materials shall be
removed completely from the 100-year floodplain. This shall be done
promptly before the threat of flood becomes a reality.
[Ord. 3/13/1995]
1.
Docks,
piers, and other water-related uses may be permitted in or along the
Muncy Creek in Wolf Township, as provided in the district regulations,
but shall be subject to all applicable rules and regulations of the
Federal Emergency Management Agency and the Pennsylvania State Fish
and Boat Commission. In addition such uses must adhere to the following
standards.
A.
Docks
and all other water-related uses shall be installed so that they create
no rise in the 100-year flood level. When there is a threat of a flood,
docks shall be removed from the floodplain.
B.
Docks
must be removed from the floodway by their owner during the off season.
C.
Docks
shall extend no more than 10 feet into the creek and shall be located
no closer than 150 feet to any other dock.
D.
No variance
shall be granted to any of the requirements of this Section which
would cause a rise in elevation of the 100-year flood or be contrary
to the requirements of the National Flood Insurance Program.
[Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010; and amended by Ord. 2016-05, 11/14/2016]
1.
“Windmill”
is defined as a single tower, situated on a lot to provide energy
from a wind turbine source to an individual home, multifamily residential
use, office or business and industrial and agricultural uses located
on the same lot. Windmills that comply with the following requirements
shall be permitted as an accessory use in A-R, R-S and R-U Zoning
Districts.
A.
The applicant
shall demonstrate all necessary Federal, State, County licenses; permits
and approvals to operate the windmill have been received.
B.
The design
of the windmill shall conform to applicable industry standards, including
those of the American National Standards Institute. The applicant
shall submit certificates of design compliance obtained by the equipment
manufacturers from Underwriters Laboratories, DetNorske Veritas, Germanishcer
Lloyd Wind Energies, and/or other similar certifying organizations.
C.
The windmill
shall comply with the International Building Code.
D.
A windmill
shall not be climbable up to 15 feet above the ground level. A windmill
shall be fitted with any anti-climbing devices recommended by the
windmill manufacturer for the type of installation proposed. All access
doors to a windmill and electrical equipment shall be locked or fenced,
as appropriate to prevent entry by nonauthorized persons.
E.
The maximum
structure height of a windmill shall be 100 feet; provided, however,
that such height may be increased by an additional 50 feet; provided,
that a certified engineer expresses an opinion that the proposed windmill
is designed and constructed in an safe and secure manner and does
not pose a threat to the health, safety or welfare of the residents
of the subject property or adjacent properties or the general public.
F.
The windmill
is to operate on the same lot to serve the principal use.
G.
The blade
of a windmill shall be located at least 30 feet above the adjacent
ground.
H.
No signs
or lights shall be mounted on a windmill except for any warning signs
required by the International Building Code.
I.
A windmill
shall be set back from any property line or street right-of-way a
distance not less than the normal setback requirements for the relevant
zoning district or 1.1 times the windmill structure height, whichever
is greater. No windmill shall be located in the front yard. The setback
distance shall be measured from the center of the windmill base.
J.
All equipment
buildings shall comply with the yard, setback, height or other requirements
and restrictions applicable to a principal structure located in the
same zoning district.
K.
If a
windmill remains unused for a period of 12 consecutive months, then
the owner or landowner shall, at their expense, dismantle and remove
the windmill within six months of the expiration of such twelve-month
period. The owner or landowner shall also comply with the following
requirements:
(1)
The owner or landowner shall remove the windmill(s) and related buildings,
cabling, electrical/mechanical equipment, foundations to a depth of
36 inches and other associated facilities.
(2)
Disturbed earth shall be graded and reseeded.
(3)
If the owner or landowner fails to remove the windmill and reclaim
the site as required by this Section, then the Township may remove
or cause the removal of the windmill and reclamation of the site.
Any removal or reclamation cost incurred by the Township that is not
recovered from the owner or landowner shall become a lien on the property
where the removal or reclamation takes place and may be collected
from the landowner.
[Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010; and amended by Ord. 2016-05, 11/14/2016]
1.
An applicant
may construct and operate a wind energy facility, subject to reasonable
conditions and information to be provided during the application process
that will protect the public health, safety and welfare of Township
residents. These regulations apply to all new energy facilities proposed
to be constructed after the effective date of this Section, except
stand-alone wind turbines constructed as an accessory use in A-R,
R-S and R-U Zoning Districts. Wind energy facilities are permissible
to harvest wind as a natural resource. This use converts wind to energy
as a source of power to provide electricity indirectly to the general
public through the direct sale of wind-generated electricity to the
power grid. This sale is made by privately owned and operated facilities
and is considered a public service use.
2.
A site
plan should be submitted with all applications for a wind energy facility.
Specifications of this Chapter are as follows:
A.
General
Matters.
(1)
A small location “key” map showing the subject parcel
and illustrating its relationship to the nearest major street intersection
and adjacent streets. This map may be drawn at an accurate scale of
one inch equals 2,000 feet.
(2)
North arrow and accurate, graphic scale of drawings.
(3)
Title block including the name and address of the development and
the developer, architect, engineer, or land surveyor seal; the date;
and the date of all revisions.
(4)
Property lines, existing and proposed right-of-way lines, with metes
and bounds (bearing and distances) indicated, and building or setback
lines.
(5)
Existing and proposed easement lines and dimensions, with the owner’s
name or a description of facilities located therein.
(6)
Location, size, dimensions, height, and setbacks of all existing
and proposed structures and other improvements on the property including,
but not limited to, buildings, existing and proposed parking areas,
streets, walkways, drainage structures, utility poles, fences, retaining
walls, including on-site sewage systems or private water supply systems,
etc.
(7)
Ownership, land-use, and zoning of adjoining properties.
(8)
Submission of permits or other records, if required, proving that
the proposed use is located on a legal lot.
(9)
Prior to issuance of the certificate of occupancy (CO), the applicant
shall provide to the Township Zoning Officer evidence of permits and
conditions to satisfy all applicable State and Federal agencies.
(10)
Design of all exterior signs, including location and size (both free-standing
and attached signs) and illumination technique.
(11)
Location and intensity, in candlepower, of all exterior lighting,
including height and spacing of all lighting standards.
(12)
Location of outside refuse collection areas and the type of screen
to be provided.
(13)
Within a legend or title block, the following information:
(a)
Gross square footage of all building structures.
(b)
Type and size of all trees and shrubs used in landscaping of the
site if not noted elsewhere on the plan.
(c)
Present zoning of the subject tract.
(d)
Open space per lot not occupied by buildings, structures, or paving.
(e)
A description of the general use for which any structure is intended
and its size in square feet.
(f)
For nonresidential uses, the number of employees on the largest work
shift; for places of assembly, the maximum capacity of the meeting
or assembly space (if applicable).
B.
Drainage
Matters.
(1)
All existing or proposed ponds, lakes, basins, rivers, streams, or
other bodies of water, and their intended purpose (recreation, retention,
etc.).
(2)
Existing and/or proposed storm sewers to serve the site.
(3)
When applicable, the nearest available sanitary sewer and an indication
of the sanitary sewer district or sewer company to serve the project.
(4)
Existing and proposed major drainage facilities, such as culverts,
channels, creeks, etc.
(5)
The limits of the floodway and 100-year floodplain (if applicable)
from the FEMA floodplain maps.
(6)
Stormwater management and construction site erosion control plans.
(7)
Location of the ordinary high water mark of any abutting navigable
waterways.
(8)
Location and elevation of existing or future access roads.
(9)
The elevation of the lowest floor of proposed buildings and any fill
within the 100-year floodplain using National Geodetic Vertical Datum
of 1929 (NGVD).
C.
Circulation,
Parking, and Landscaping Matters.
(1)
The internal and peripheral vehicular circulation including:
(a)
Curb cuts required providing ingress and egress to and from adjacent
streets.
(b)
The existing width and proposed widening of all existing adjacent
streets and rights-of-way (including the number and width of lanes
and any island or medians). Note that new easements and right-of-way
dedications may be required in conjunction with the proposed development,
and must be shown and dimensioned on the plan.
(c)
All the entrances on opposite sides of existing adjacent streets
within the frontage of the development.
(d)
The width and location of all internal drives, aisles, parking and
loading spaces.
(e)
The location of all islands and medians.
(f)
The location and dimensions of all existing and proposed curbs.
(2)
The number of parking and loading spaces.
(3)
The location of spaces to be used for outdoor vehicular and equipment
storage, and the location of screening, existing and proposed.
(4)
All proposed deciduous and evergreen trees, ground cover, and other
landscaping elements.
D.
Site
Grading Matters.
(1)
Existing and proposed contours shall be referenced to U.S. Geological
Survey data normally at twenty-foot intervals for the subject property,
extending at least 50 feet off site. Contour intervals at smaller
intervals than the above may be required depending on the topography
of the site. Existing contour lines shall be differentiated from that
of proposed contour lines. A varied frequency of contours and/or spot
elevations may be required.
(2)
A minimum of two cross sectional profiles (taken perpendicular to
each other), showing proposed structures and proposed and existing
grades through the center of the property. The Zoning Administrator
may request additional profiles for large or unusually shaped tracts.
(3)
An erosion and sedimentation control plan is required for disturbance
of steep slopes in excess of 2,000 square feet in accordance with
§27-505.5 of this Chapter. The control plan shall be submitted
to the Township Planning Commission for review and referral to the
Lycoming County Conservation District. No land disturbance shall be
permitted until the Conservation District has approved the erosion
and sedimentation control plan.
E.
Proposed
Activities.
(1)
In single-lot developments, approximate location of all buildings
and other structures, as well as parking and loading areas, shall
be indicated. In multiple lot developments, conceptual location and
configuration of buildings, approximate locations of common ground
areas, open space, major utility easements, and stormwater retention
areas shall also be indicated.
(2)
Preliminary plan for sanitation and storm drainage facilities.
(3)
Proposed land uses, lot areas and dimensions, building sizes and
heights, and setback distances.
(4)
Proposed landscaping, lighting, and screening plans.
(5)
Proposed development phasing schedule.
G.
Supplemental
Site Plan Information for Wind Energy Facility. Information submitted
with the general site plan shall be further supplemented with the
following:
(1)
A narrative describing the proposed wind energy facility, including
an overview of the project; the approximate generating capacity of
the facility; the proposed number of turbines, representative types,
the range of heights of wind energy turbines (consisting of the tower
base at finished grade, tower, nacelle, and blades) to be constructed.
Information on the power generating capacity, respective manufacturers,
and ancillary facilities shall be submitted with the application,
to the extent then known.
(2)
The site plan shall include documents related to decommissioning
as per Paragraph J.
(3)
The site plan shall show the road widths, weight-bearing capacity
and type of road surface of all State, municipal and private roads
to be used by truck and construction equipment traffic to and from
the site. Also, the approximate weight and size of the vehicles used
to construct the wind energy facility and for ongoing facility maintenance
to be provided. An analysis by the applicant shall indicate the road
improvements needed to accommodate the weight, girth and turning movements
of vehicles and equipment to construct the wind energy facility. The
applicant may voluntarily enter into an agreement with the municipality
to upgrade the road to the applicable standards as may be needed during
the use of existing roads. Access through a residential area shall
be prohibited as the sole access.
H.
Environmental
Impact Study. As part of the application, the applicant shall submit
a community and environmental impact analysis conducted by parties
mutually agreed upon by the applicant and the Township which shall
contain the following information applicable to areas of land disturbance
or as community-wide noted below. The community and environmental
impact analysis may include a timeline for completion for the various
items listed below with the understanding that completion must occur
prior to issuance of the certificate of occupancy:
(1)
Hydrologic analysis of surface water and sub-surface water areas.
(2)
Geologic conditions in the context of sub-surface stability.
(3)
Soils classification.
(4)
Mineral bearing areas to be exposed by excavation.
(5)
Land use impacts in the context of the site and all adjacent land
owners.
(6)
Transportation impacts.
(7)
Emergency and safety services needed and arrangements to provide
such services.
(8)
Economic impact analysis, including impact upon agriculture, the
housing market and the tourist industry.
(9)
Community impact analysis, in conformance with County and municipal
comprehensive plans.
(10)
Locations of towers and areas of all construction and post construction
disturbance in relation to natural resources attributes (e.g. natural
diversity inventories, State designated natural areas); cultural resources
attributes (e.g., Federal, State, and local, register of historic
buildings and landmarks, or national landmark designation); archaeological
attributes.
I.
Supplemental
Controls. The following supplemental controls shall be adhered to:
(1)
Tower Safety. The use shall be in compliance with the International
Building Code. All electrical components shall conform to all relevant
and applicable local, State and national codes, and international
standards. Design of the wind energy facility shall conform to applicable
standards, including those of the American National Standards Institute.
The applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar
certifying organizations prior to the issuance of the certificate
of occupancy. Clearly visible warning signage concerning voltage must
be placed at the base of all pad-mounted transformers and substations.
Any guy wires to be installed must be clearly marked with flags, reflectors
or other visual materials placed up to 10 feet from ground level.
All access doors to wind towers and electrical equipment shall be
locked or fenced, as appropriate, to prevent entry by unauthorized
persons.
(2)
Operations. Operations shall meet all performance standards of this
Chapter and all applicable local, State, and Federal regulations.
Aircraft signal lighting is not permitted other than as required by
the Federal Aviation Administration (FAA).
(3)
Height. The height of the complete structure and accessory structures
are exempt from the height limits found in this Chapter.
(4)
Setbacks. Wind tower(s) shall be located a minimum setback distance,
dependent upon the use of adjacent property, as follows:
(a)
Wind towers measured from the tower base shall be set back 1.5 times
the tower height measured from any street right-of-way line of the
nearest public road.
(b)
Wind towers measured from the tower base shall be set back from the
nearest occupied building of any use, located on a participating landowner’s
property, a distance not less than the dimension of 1.1 times the
tower height. Any operator/occupied buildings used in connection with
the development are exempt from this distance limit.
(c)
Wind towers measured from the tower base shall be set back from the
nearest occupied building of any use, located on a non-participating
landowner’s property, a distance not less than the dimension
of five times the tower height.
(d)
Wind towers measured from the tower base shall be set back a distance
equal to the blade length from the property line of publicly owned
land.
(e)
Wind towers measured from the tower base shall be set back a distance
of 1.5 times the tower height from the non-participating owner property
lines.
(f)
There is no setback requirement for towers from participating property
owner property lines.
(5)
Wind towers shall not be located within any mapped “scenic
area” of adopted plan(s) above, or State designated natural
or wild area.
(6)
Signal Interference. The applicant shall make reasonable efforts
to avoid and/or mitigate any disruption or loss of radio, telephone,
cellular phone, television or similar signals, and shall mitigate
any harm caused by the wind energy facility in a timely manner.
(7)
Liability Insurance. There shall be maintained a current general
liability policy adjusted annually to the rate of inflation covering
bodily injury, property damage, and damage to any public use areas
of land, watershed, or air with minimum limits of at least $1,000,000
per occurrence and $5,000,000 in aggregate. Certificates shall be
submitted to the Township Zoning Administrator prior to the issuance
of the certificate of occupancy.
(8)
Agreement with Wolf Township. An agreement between the applicant
and the Township shall be provided to the Zoning Officer with the
permit application which shall include, but is not limited to, the
provision of improvements or funds to alleviate any undue burden on
any public improvements, facilities such as emergency management,
utilities, public water supplies, or services.
J.
Decommissioning.
The wind energy facility owner and operator, their successors or assigns
shall, at their expense, initiate decommissioning of the wind energy
facility, or individual wind towers as appropriate, following a period
of time exceeding one year during which the wind energy facility is
in a non-operational status. Decommissioning will be initiated within
one year after the end of the useful life of the facility or individual
tower. A decommissioning plan is a component part of a decommissioning
agreement between Wolf Township and the wind energy facility owner
and operator, successors or assigns. The operator will maintain sufficient
funds to address decommissioning expenses. The plan will be prepared
by the operator and submitted as part of the zoning application and
may include provisions for:
(1)
Removal of wind towers and foundation and any other associated facilities
and structures.
(2)
Restoration of all disturbed earth with revegetation.
(3)
Restoration of access roads, unless to remain in use by the land
owner.
(4)
Decommissioning Cost Estimate. Said estimate is to be submitted to
the Zoning Officer prior to issuance of the certificate of occupancy
and updated every fifth year thereafter.
(5)
A timeline for the operator, facility owner, or landowner to complete
the decommissioning plan.
(6)
Establishment of acceptable security.
(7)
Decommissioning does not need to be initiated provided that the operator
notifies the Zoning Officer when the facility or individual towers(s)
is off-line for a period of one year or longer due to technology and
equipment factors, and unforeseen events beyond the control of the
operator, the abandonment period of one year shall be applied to the
facility or individual tower(s) not producing electricity during the
one-year period.
K.
Permits.
(1)
Refer to the §27-1503. The above criteria and the following are to apply to the use permitted by right category in respective zoning districts from the Table of Uses.
(2)
The Zoning Officer shall determine whether the application is complete
and advise the applicant accordingly, within 30 days of receipt of
application submission. Pre-application submission conference(s) are
encouraged due to the level of development on a large geographic scale.
(3)
Upon receipt of a complete permit application, the Zoning Officer
has not more than 75 days to approve or deny the application.
(4)
As a use permitted by right, the wind energy facility is determined
consistent with the adopted Comprehensive Plan for the Muncy Creek
Planning Area.
(5)
The applicant shall be a signatory to the Pennsylvania Game Commission
standard agreement for wind energy facilities at the time of application.
(6)
Notice of a complete permit submittal shall be given via mail delivery
for the benefit of public information by the Zoning Officer to adjoining
property owners. Any other permit submission leading up to a complete
application submission such as a temporary permit issued for any meteorological
data gathering tower, shall include notice of the permit provided
to Wolf Township and acknowledgment that the applicant is on notice
that the proposed use is public information. The wind energy facility
applicant must provide a public information contact person that may
be reached during normal business hours by the public upon the submission
of any zoning/development permit application.
[Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010]
1.
No-impact
home-based businesses shall be permitted in all residential zones
of the Township as a use permitted by right, except that such permission
shall not supersede any deed restriction, covenant or agreement restricting
the use of land, nor any master deed, by-law or other document applicable
to a common interest ownership community. The business or commercial
activity must satisfy the following requirements:
A.
The business
activity shall be compatible with the residential use of the property
and surrounding residential uses.
B.
The business
shall employ no employees other than family members residing in the
dwelling.
C.
There
shall be no display or sale of retail goods and no stockpiling or
inventory of a substantial nature.
D.
There
shall be no outside appearance of a business use including, but not
limited to, parking, signs or lights.
E.
The business
activity may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical or electronic interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
F.
The business
activity may not generate any solid waste or sewage discharge, in
volume or type, which is not normally associated with residential
use in the neighborhood.
G.
The business
activity shall be conducted only within the dwelling and may not occupy
more than 25% of the habitable floor area.
H.
The business
may not involve any illegal activity.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and as amended by Ord. 2013-01, 6/10/2013]
1.
For purposes of this Chapter, hotels, motels or transient lodging facilities may be permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such activities shall meet the requirements outlined below:
[Ord. 3/13/1995; as added by Ord. 2011-03, 4/11/2011]
1.
In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a hazardous materials operations shall include the information required herein. The application shall be deemed incomplete until all required information is provided.
A.
A detailed
written description of the hazardous materials operation.
B.
A written
hazardous substance inventory which must be updated on a yearly basis.
C.
A written
management plan that will be in place for the duration of the hazardous
substance use, to include the, handling, storage, disposal and/or
manufacture of the substance.
D.
Written proof that the surrounding properties can be reasonably protected from the flammable, explosive, toxic, corrosive or other potentially damaging characteristics of the hazardous substances through appropriate buffering restrictions which may exceed the set back requirements required by Chapter 27.
E.
A detailed
safety and emergency response plan.
F.
Proof
of reasonable liability insurance coverage, based on the typical insurance
coverage of similar facilities.
G.
Proof
of compliance with all Federal, State, and local laws, regulations
and ordinances including copies of any permits or applications to
any other government agency.
H.
Such
other information as requested by the Township Zoning Officer or Board
of Supervisors.
[Ord. 3/13/1995; as added by Ord. 2013-01, 6/10/2013]
1.
Neighborhood commercial activities shall include retail stores, shops, or establishments designed to provide service to a limited neighborhood area, including convenience stores, general stores, antique or gift shops, equipment repair facilities, drug stores, florist shops, antique shops, variety shops, personal service businesses or similar types of facilities. In addition, every proposed neighborhood commercial activity must meet the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].
A.
Applications
for neighborhood commercial activities shall include the following
information:
(1)
A sketch plan.
(a)
Show the tract of ground on which the use is proposed and the location
of all buildings or structures existing or to be situated on the site.
(b)
Location showing access to the proposed establishment.
(2)
Proof of adequate sewage disposal facilities and a safe water supply
will be provided.
(3)
A driveway permit or highway occupancy permit to access the proposed
establishment approved by the Township or PennDOT.
(4)
Agreement for the collection, storage and disposal of solid wastes
generated by the commercial use.
(5)
Zoning permit for all signs used to advertise such facilities that meet the requirements of Part 10 of this Chapter.
(6)
A written description stating that the use will not have a detrimental
effect on the character of the area or neighborhood where it is proposed
to be located. The description should include the type of business,
hours of operation, number of employees, proposed clientele and any
other information that is pertinent.
(7)
In the case of a conditional use hearing for a residential district,
the Township will give written notice to adjacent property owners
within 300 feet of the nearest line of the property for which the
conditional use is sought at least seven days prior to the hearing.
B.
No perpetual
outside displays or retail sales shall be permitted for approved commercial
uses, except where such display is a necessary part of the use, and
no merchandise shall be placed on a sidewalk or yard except as part
of a periodic sale.
[Ord. 2017-01, 7/10/2017]
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school,
child care facility, park or playground. A dispensary may not operate
on the same site as a facility used for growing and processing
1.
Medical Marijuana. A dispensary shall meet the same municipal zoning and land use (§22-504) requirements as other retail establishments (§27-415). In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a medical marijuana dispensary shall include the information required herein. The application shall be deemed incomplete until all required information is provided.
A.
An administratively
complete zoning application with a detailed written description of
the medical marijuana dispensary.
B.
A copy
of the license with the Department of Health of the Commonwealth as
required under the act of July 19, 1979 (P.L. 130, No. 48), known
as the “Health Care Facilities Act.”
C.
A written
management plan that will be in place for the duration of the medical
marijuana dispensary’s existence, to include the handling, storage,
and/or disposal of the substance.
D.
A detailed
safety and emergency response plan.
E.
Proof
of reasonable liability insurance coverage, based on the typical insurance
coverage of similar facilities.
F.
Proof
of compliance with all Federal, State, and local laws, regulations
and ordinances including copies of any permits or applications to
any other government agency.
G.
Supply
proof of registration with the Emergency Management Coordinator of
Wolf Township.
H.
Such
other information as requested by the Township Zoning Officer or Board
of Supervisors.
I.
A dispensary
may only dispense medical marijuana in an indoor, enclosed, secure
facility located within this Commonwealth, as determined by the Department
of Health of the Commonwealth.
[Ord. 2017-01, 7/10/2017]
1.
Medical marijuana growers/processors may not be located within 1,000 feet of the property line of a public, private or parochial school, child care facility, park or playground. A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. A grower/processor shall meet the same municipal zoning and land use (§22-505) requirements as other light industrial and manufacturing uses (§27-421). In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a medical marijuana grower/processor shall include the information required herein. The application shall be deemed incomplete until all required information is provided.
A.
An administratively
complete zoning application with a detailed written description of
the medical marijuana grower’s/processor’s facility.
B.
A copy
of the license with the Department of Health of the Commonwealth as
required under the act of July 19, 1979 (P.L. 130, No. 48), known
as the “Health Care Facilities Act.”
C.
A written
management plan that will be in place for the duration of the medical
marijuana grower’s/processor’s existence, to include the
handling, storage, and/or disposal of the substance.
D.
A detailed
safety and emergency response plan.
E.
Proof
of reasonable liability insurance coverage, based on the typical insurance
coverage of similar facilities.
F.
Proof
of compliance with all Federal, State, and local laws, regulations
and ordinances including copies of any permits or applications to
any other government agency.
G.
Supply
proof of registration with the Emergency Management Coordinator of
Wolf Township.
H.
Such
other information as requested by the Township Zoning Officer or Board
of Supervisors.
I.
A growers/processors
facility shall follow all security measures of the Commonwealth, as
determined by the Department of Health of the Commonwealth.
[Ord. 2018-02, 9/10/2018]
1.
Section
1536 of the Second Class Township Code authorizes the Board of Supervisors
to make rules and regulations regarding the location, operation, and
maintenance of cemeteries in the Township. Human burial is prohibited
on private property and is only permitted in established cemeteries
governed by the Cemetery Law, 9 P.S.
A.
Minimum
lot area: 10 acres.
B.
No more
than 10% of the lot area, to a maximum of five acres, may be devoted
to aboveground buildings not serving as burial markers or memorials,
such as business and administrative offices, chapels, maintenance
facilities and the like. This restriction includes parking facilities.
C.
No building
or structure shall be located within 50 feet of a property line or
street line.
D.
One single-family
detached dwelling for a full-time caretaker shall be permitted.
[Ord. 2018-02, 9/10/2018]
1.
Waste and air polluting facilities are permitted only in those districts as specified in the district regulations, Part 3. Waste facilities shall be subject to all applicable requirements of the Pennsylvania Department of Environmental Protection (25 Pa.Code, Chapters 271-299, relating to municipal and residual waste regulations, or as may hereafter be amended). “Air polluting facilities” is any commercial or industrial facility requiring any sort of permit under the Pennsylvania Air Pollution Control Act, or the Federal Clean Air Act, for the release of contaminants to the air. Facilities shall not be defined as “air polluting facilities” solely due to the use (or proposed use) of combustion systems used only to heat the air and/or water in the facility’s buildings.
A.
No person
or entity shall maintain, erect, construct, utilize or operate any
waste facility or air polluting facility within 300 yards of any residential,
educational, or recreational property located within the Township
of Wolf.
B.
The applicant
shall prepare and show the ability to comply with an odor abatement
plan for all buildings, structures and outdoor compounds. Recognition
must be given that certain uses and activities produce odors, but
the applicant shall show that odors can be reduced to a minimum or
abated. The abatement plan shall show that steps will be taken as
may be necessary to abate odors or to allow odors at times that there
would be minimal interference with neighbors.
C.
The applicant
shall dispose of solid and liquid waste in the manner that will avoid
creating insect or rodent problems or public nuisance.
D.
The applicant
shall show that they can meet the standards and guidelines as may
be set forth in treatises of best management practices of the use
in the business and industry recognized by appropriate authorities
or as the same may be produced by the Pennsylvania Department of Agriculture,
Pennsylvania Department of Environmental Protection, or similar entities.
Site suitability assessment as provided by the above shall be submitted
with this application.
[Ord. No. 2023-01, 12/11/2023]
1.
Definition. An area of land used for a solar collection system principally
to capture solar energy, convert it to electrical energy power and
supply electrical power primarily for off-site use. Principal solar
energy systems consist of one or more freestanding ground, or roof
mounted solar collector devices, solar-related equipment and other
accessory structures and buildings including light reflectors, concentrators,
and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures.
2.
Criteria Applicable to All Solar Energy Facilities (SEF):
The application shall include a construction transportation
plan that shows all roadways that will be utilized to access the site,
which will be forwarded to the municipality for review.
DC voltage solar array connections may be located aboveground.
AC solar facility connections should be located aboveground where
the applicant can demonstrate to the satisfaction of the Zoning Administrator
that the overall environmental impacts would support aboveground location.
Solar project connections may be located aboveground.
No portion of the SEF shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication
of ownership shall be allowed on any equipment of the SEF provided
they comply with the prevailing sign regulations.
The owner and/or operator shall maintain a phone number and
identify a person responsible for the public to contact with inquiries,
emergencies, and complaints throughout the life of SEF and provide
this number and name to the county. This contact information shall
also be placed on a sign attached to the entrance gate. The SEF owner
and/or operator shall make reasonable efforts to respond to the public's
inquiries and comments.
An Emergency Response Plan shall be included with the SLDO application,
which shall be reviewed and approved by Lycoming County Emergency
Management Agency and the Wolf Township Emergency Management Coordinator.
A.
Glare. All SEF shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways. Exterior
surfaces shall have a non-reflective finish. The applicant has the
burden of proving that any glare produced does not have significant
adverse impact on neighboring or adjacent uses either through siting
or through mitigation. The applicant will provide a completed glare
study ensuring that reflective glare is not directed towards, nor
upon any adjacent properties as well as any adjacent street rights-of-way.
The Glare Study shall include:
(1)
Angle of the SEF's panels, arrays, cells, etc., at the
location.
(2)
A diagram showing the maximum and minimum angles of reflective
glare from the SEF's panels, arrays, cells, etc., at the location
and the relationship of that glare to adjacent properties, structures
and rights-of-way.
(3)
A mitigation plan that limit or eliminates reflective glare
on adjacent properties, structures and rights-of-way.
B.
Decommissioning:
(1)
The SEF owner and/or operator is required to notify the Township
immediately upon cessation or abandonment of the operation. The SEF
shall be presumed to be discontinued or abandoned if no electricity
is generated from the solar panels for a period of 12 continuous months.
The SEF owner and/or operator shall then have 18 months in which to
dismantle and remove the SEF including all solar-related equipment
or appurtenances related thereto, including but not limited to buildings,
cabling, electrical components, roads, foundations, solar facility
connections and other associated facilities in accordance with agreements
with landowners and good industry practice. To the extent possible,
the materials shall be re-sold or salvaged. Materials that cannot
be re-sold or salvaged shall be disposed of at a facility authorized
to dispose of such materials by federal or state law. Any soil exposed
during the removal shall be stabilized in accordance with applicable
erosion and sediment control standards and requirements. Any access
drive paved aprons from public roads shall remain for future use unless
directed otherwise by the landowner.
(2)
The SEF site area shall be restored to its pre-existing condition,
suitable for its prior use. The landowner may authorize in writing
that any buffer landscaping or access roads installed to accommodate
the SEF will remain.
(3)
Any necessary permits, such as Erosion and Sedimentation and
NPDES permits, shall be obtained prior to decommissioning activities.
(4)
The developer shall, at the time of zoning application, provide
the county or municipality with an estimate of the cost of performing
the decommissioning activities required herein. The solar project
owner shall provide financial security of 110% of the estimated cost
of decommissioning, which will be reviewed by Lycoming County's
consulting engineer. The estimate may include an estimated salvage
and re-sale value, discounted by a factor of 10%. The decommissioning
cost estimate formula shall be:
|
Gross Cost of Decommissioning Activities
|
|
- 90% credit of salvage and re-sale value
|
|
= the Decommissioning Cost Estimate
|
(5)
On every fifth anniversary of the date providing the decommissioning
financial security, the SEF owner shall provide an updated decommission
cost estimate, utilizing the formula set forth above with adjustments
for inflation and cost and value changes. If the decommissioning security
amount decreases by greater than 10%, the municipality shall release
from security any amounts held in excess of 110% of the updated decommission
cost estimate. The decommissioning security may be in the form of
cash deposit, surety bond, irrevocable letter of credit, cashier's
check, or escrow account from a federal or commonwealth chartered
lending institution in the amount of 110% of the total proposed decommission
cost estimate and in a form satisfactory to the municipality's
Zoning Administrator and Solicitor.
(6)
Prior to final approval of any SALDO plans for the SEF, the
SEF developer shall enter into a decommissioning agreement with the
municipality outlining the responsibility of the parties under this
agreement as to the decommissioning of the SEF.
C.
Permit Requirements. The SEF shall comply with Municipal SLDO (Subdivision
and Land Development Ordinance) requirements through submission of
a land development plan. The installation of a SEF shall comply with
all applicants permit requirements, codes, and regulations, including
highway occupancy, driveway permits and road bonding requirements.
The SEF owner and/or operator shall repair, maintain, and replace
the SEF and/or related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
SEF in good repair and operating condition.
3.
Ground-Mounted Principal Solar Energy Systems (PSES). The SEF development
area is equal to the total acres of land subject to lease by the SEF
developer. Where the area of land subject to the lease is greater
than 75% of the parcel, the entire parcel will be considered to be
the SEF development area.
A.
Solar Array Locations. The SEF development area may be located only
on 75% of the Class I, II and III agricultural soils within the SEF
development area, unless the area will be devoted to agrivoltaic activities,
in which case, 75% of the Class I, II and III soils may be included
in the SEF development area. For each parcel on which a SEF or a component
of a SEF is proposed, a map shall be provided by the applicant detailing
the SEF development area, the constrained area, the Class I, II and
III agricultural soils, and the portion of the SEF development area
that may be devoted to solar arrays. Solar arrays shall only be placed
within that portion of any lot that lies within the portion of the
SEF development area that may be devoted to solar arrays. Solar arrays
shall not be located in:
(1)
Floodways, as identified in the FEMA FIRM mapping.
(2)
Within 50 feet of the top-of-bank of any stream, river, drainage
corridor, FEMA delineated floodway and/or delineated wetland unless
an encroachment permit is obtained through PaDEP.
(3)
Slopes in excess of 15%.
(4)
Within the Resource Protection (RP) District, wooded areas primarily
devoted to mature trees in excess of one acre that would require removal
of greater than 20% of mature trees. Mature tree inventory to be determined
by a Pennsylvania Certified Forester.
(5)
Legal easements or road rights-of-way.
(6)
Ground-mounted SEFs shall not be placed within any stormwater
conveyance system.
B.
Setbacks:
(1)
The fence shall be considered a principal structure for purposes
of setbacks. Minimum setbacks shall be in accordance with zoning district
requirements. Where a SEF is adjacent to a residential building, a
minimum setback of 50 feet from the property line shall be required.
No lot line setback will be required where there is a grouping of
two or more SEFs which are held by a common owner or leased to a common
lessor and which are part of a single solar energy production development
project, where each landowner has provided a written waiver of the
lot line setback. A minimum of a fifty-foot buffer shall be maintained
along either side of any regulated stream or regulatory wetland.
(2)
The application shall include, with the project submission,
details of mitigation measures to be implemented to preserve wildlife
corridors including between SEFs of a solar energy project.
C.
Height:
(1)
All ground-mounted solar panels shall comply with a maximum
fifteen-foot height requirement.
(2)
All other SEF components should comply with the underlying district
maximum height requirement. SEF components may be in excess of the
maximum height requirements where the applicant can demonstrate to
the satisfaction of the Zoning Administrator the necessity and benefit.
There are no maximum height restrictions for structures that support
solar facility connections and solar project connections.
D.
Stormwater Management:
(2)
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area (DIA) and therefore
will have no increase from the pre-development runoff coefficient.
The horizontal area of the panel can only be considered a DIA if the
following conditions apply:
(a)
Where natural vegetative cover is preserved and/or restored
utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Practices Manual,
including, but not limited to, the following: minimizing the total
disturbed area, minimizing soil compaction in disturbed areas, and
re-vegetating and re-foresting disturbed areas using native species.
(b)
Where the vegetative cover has a minimum uniform 70% perennial
vegetative cover with a density capable of resisting accelerated erosion
and sedimentation.
(c)
For panels located on slopes of 0% to 15%, a minimum four inches
height of vegetative cover shall be maintained.
(3)
Vegetated areas shall not be subject to chemical fertilization
or herbicide/pesticide application, except for those applications
necessary to establish the vegetative cover or to prevent invasive
species and in accordance with an approved erosion and sedimentation
plan.
(4)
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA shall be treated as impervious
area. These areas shall be included in the pre-development to post-development
runoff analysis as impervious areas to determine the need for post-construction
stormwater management practices. Use of gravel would not allow the
horizontal area of the solar panel or solar array to be considered
DIA. All impervious areas associated with the SEF such as roadways
and support buildings cannot be considered a DIA and shall follow
normal protocols when performing the PCSM stormwater analysis.
E.
Screening/Buffering. Ground-mounted SEF shall be screened and buffered
in accordance with the following standards:
(1)
Vegetative buffering, to the extent practical, shall be installed
around the entire perimeter of the SEF installation, except where
the Zoning Administrator determines that the retention of existing
trees within the vegetative buffering area may constitute the required
vegetative buffer or where the Zoning Administrator determines that
the solar panels cannot be viewed from a public roadway or residential
building.
(2)
The vegetative buffering shall be installed along the exterior
side of the fencing.
(3)
Vegetation screen along the perimeter of the internal mechanical
building, in order to reduce/control noise pollution.
4.
Security. All ground-mounted SEFs shall be completely enclosed by
a minimum eight-foot-high fence with a self-locking gate as deemed
appropriate by the Zoning Administrator. The fence shall be kept free
of all vegetation. A clearly visible warning sign shall be placed
at the base of all pad-mounted transformers and substations and on
the fence surrounding the SEF informing individuals of potential voltage
hazards.
5.
Access. At a minimum, a fourteen-foot-wide stabilized access road
must be provided from a state or municipal roadway to the SEF site
that is maintained year-round in a dust free condition. The SEF developer
shall obtain a permit from the appropriate jurisdiction for the construction
of the access road. At a minimum, a twenty-foot-wide cartway shall
be provided on the inside perimeter fencing between the fence and
solar array. Spacing between solar array rows shall allow access for
maintenance vehicles and emergency vehicles. Access to the SEF shall
comply with the municipal access requirements in the SALDO.
6.
Roof- and Wall-Mounted SEF. For roof- and wall-mounted systems, the
applicant shall provide evidence that the plans comply with the Uniform
Construction Code including that the roof or wall is capable of holding
the load imposed on the structure. The total height of a building
with a roof- and/or wall-mounted system shall not be exceeded by more
than three feet above the maximum building height specified for principal
or accessory buildings within the applicable zoning district. Roof-
and wall-mounted solar energy facilities are permitted in any zoning
district where the building upon which they will be mounted is a permitted
use.
