The purpose of this article is to supplement the district regulations contained in Article III with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Article III, the following regulations shall apply to the identified uses, as well as all applicable requirements of the Mahoning Township Subdivision and Land Development Ordinance.[1]
Whenever under this chapter a use is neither specifically permitted or denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the applicant to the Township Supervisors to hear and decide such request as a conditional use. The Township Supervisors shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 250-80 of this chapter; provided, however, that this provision shall not be invoked to permit as a conditional use any lawful use which would create undue nuisance or serious hazard, or otherwise violate the conditional use criteria. In addition, the use may only be permitted if: a) the use is similar in character to and compatible with the other uses permitted in the zone where the subject property is located; b) the use is not permitted in any other zone under the terms of this chapter; and c) the use does not conflict with the general purposes of this chapter. 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 health, safety and welfare of the neighborhood where it is to be located.
All dwelling units, including single-family,
two-family, and multifamily 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 enacted by the General Assembly of the Commonwealth
of Pennsylvania and applicable to the Township.
B.
Every dwelling unit shall be placed upon and firmly
anchored to a permanent foundation. Such foundation shall consist
of no less than footers or masonry construction set well below the
frost line, or other technique or methodology of demonstrated capability
approved by the Township. The foundation shall be designed to support
the maximum anticipated loads for the intended structure and/or use,
and no unnecessary open space shall be left between the dwelling unit
and foundation, except windows and other openings as might be necessary
for floodproofing purposes. In no case shall any dwelling unit be
placed or erected on jacks, loose blocks or other temporary materials.
C.
In the case of mobile homes, a properly graded and
compacted pad or stand or reinforced piers may be used where a permanent
concrete or masonry foundation is not practical or desirable. In all
cases, however, the foundation shall be designed to support the maximum
anticipated loads for the proposed structure and use. Regardless of
the type of foundation uses, mobile homes shall be installed in accordance
with the instructions of the mobile home manufacturer. For all HUD-Code
manufactured homes, the requirements of the National Manufactured
Housing Construction and Safety Standards Act, as provided for in
State Law 1982-192, the Manufactured Housing Construction and Safety
Standards Authorization Act (or as may hereafter be amended) shall
apply.
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, lateral movement or flotation. The mobile home
foundation shall be provided with anchors and tie-downs, such as "deadman"
eyelets embedded in concrete, screw augers, arrowhead anchors, or
equivalent. The anchoring system shall be designed to meet at least
minimum industry-approved standards for wind resistance.
E.
Each mobile home shall have a continuous wall around
its entire perimeter. At a minimum, such wall shall consist of industry-approved
mobile home skirting. In no case shall bales of hay, straw, interior
plywood or similar materials be used in place of skirting. Such skirting
shall be in place prior to the issuance of a certificate of compliance
for the mobile home.
G.
In the absence of more restrictive codes, every single-family
dwelling unit (whether attached or detached, including mobile homes
and manufactured housing) must contain a minimum of 600 square feet
of habitable floor area. In the case of multifamily dwellings or other
types of apartment units (including conversion apartments and accessory
residential units), each dwelling unit must contain a minimum of 400
square feet of habitable floor area, except for efficiency apartments
designed for and occupied by one person, where 250 square feet of
habitable floor area must be provided for each unit.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate a greater number of dwelling units or households, shall be permitted only where specified in District Regulations, Article III. All such conversions shall meet the requirements set forth in § 250-26 above as well as the standards outlined below.
A.
The lot upon which a conversion apartment is located
shall meet the minimum lot area requirement for the zoning district
in which it is to be located.
B.
Conversions may only be authorized for structures
which were erected prior to the adoption of this chapter. Conversions
shall be limited to one building or structure per lot.
C.
Conversions shall be limited to the number of dwelling units specified in District Regulations, Article III.
D.
All conversions shall be subject to the habitable floor area requirements set forth in § 250-26G.
E.
Sewage facilities shall be provided which are capable
of treating the volume of effluent anticipated from the conversion.
F.
No structural alterations designed to increase the
gross floor area dimensions of the unit shall be made to the building,
except as may be necessary for safety purposes or to improve handicapped
accessibility.
G.
The yard, off-street parking, and other applicable
requirements of this chapter shall be met.
Single-family attached dwelling structures (i.e., townhouse structures) may be permitted only where specified in District Regulations, Article III. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Mahoning Township Subdivision and Land Development Ordinance. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of land shall meet the requirements of § 250-30 of this chapter governing multifamily housing developments.)
A.
Minimum tract area and density requirements.
(1)
The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in District Regulations, Article III. Single-family attached dwelling structures shall contain no more than eight dwelling units per structure. Overall density shall not exceed 12 dwelling units per acre.
(2)
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 will be met.
(3)
Where individual dwelling units of a single-family
attached dwelling structure and the land on which the structure is
located are proposed to be subdivided and conveyed as separate lots,
the following minimum lot area requirements shall be met:
(4)
Where title to individual dwelling units of a single-family
attached dwelling structure is proposed to be conveyed, all dwelling
units contained in the structure shall be part of the proposal.
B.
Minimum tract width requirements. The minimum width
required for a tract containing a single-family attached dwelling
structure shall vary depending upon the number of dwelling units proposed
in each structure. In no case, however, shall the width of the tract
be less than the minimum lot width required for a single-family detached
dwelling in the district where such structure is to be located. Each
dwelling unit of a single-family attached dwelling structure shall
maintain the minimum width set forth in the district regulations for
the applicable zoning district.
C.
Minimum yard requirements. The minimum yard requirement for each tract containing a single-family attached dwelling structure shall be as specified in District Regulations, Article III.
D.
Design standards. All proposals for single-family
attached dwelling structures shall be designed in accordance with
the standards set forth in Mahoning Township Subdivision and Land
Development Ordinance.[1] In addition, the following standards shall apply:
(1)
Maximum structure length. No single-family attached
dwelling structure shall exceed 200 feet in length.
(2)
Traffic access. No single-family attached dwelling
unit may access directly onto a public street. All such units shall
access public roadways via an approved private street, driveway or
common area. All new streets, access drives, and parking areas shall
be designed and constructed in accordance with the applicable street
standards outlined in the Subdivision and Land Development Ordinance
in effect in Mahoning Township.
(3)
Off-street parking spaces. A minimum of two off-street
parking spaces shall be provided for each dwelling unit contained
in the single-family attached dwelling structure.
(4)
Grading and landscaping. Where excavation or grading is proposed, or where existing trees, shrubs or other vegetative cover are to be removed, plans shall be prepared by the developer and submitted to the Township which illustrate that all applicable erosion and sedimentation control requirements will be met. And, where adjacent to existing single-family detached dwellings or noncompatible land uses, buffer yards and/or screening as required in §§ 250-51 and 250-52 of this chapter shall be provided by the developer.
(5)
Drainage facilities. 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
shall also indicate where the drainage is to be ultimately channeled.
As per the requirements of Act 167 of 1978, the postdevelopment runoff
rate shall not exceed the predevelopment runoff rate.
(6)
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 part of the plan submission process.
(7)
Sewage and water facilities. Sewage and water facilities
for single-family attached dwelling structures shall be provided by
the developer in accordance with the standards of the Pennsylvania
Department of Environmental Protection and as follows.
(a)
Sewage facilities. A public or community sewerage
system or a private package treatment facility shall be utilized to
provide sewage service for such developments.
(b)
Water supply. Where a public water supply system
of satisfactory quantity, quality and pressure is reasonably accessible
to the proposed development, connection shall be made to this system
and its supply shall be used exclusively. Where, however, a public
water supply system is not available, a private water supply system
shall be designed by the developer to provide service to the development.
|
The developer shall provide sufficient documentation
to the Township along with his development plans to indicate that
such facilities are presently available and will be extended to serve
his development or that he has obtained the necessary approvals to
construct them.
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(8)
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 the 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 single-family dwelling structure
(including access drives and driveways). Such plans shall be submitted
to the Township for approval as part of the plan submission process.
Multifamily dwelling structures (i.e., apartment buildings, but excluding single-family attached dwelling structures) may be permitted only where specified in District Regulations, Article III. Every application for such a use shall also meet the requirements outlined below as well as the standards of the Mahoning Township Subdivision and Land Development Ordinance.[1] (Applications to locate more than one multifamily dwelling structure on a single tract of ground shall meet the requirements of § 250-30 below governing multifamily housing developments.)
A.
Minimum tract area and density requirements. The minimum gross area required for each tract containing a multifamily dwelling structure shall be as specified in District Regulations, Article III. No multifamily dwelling structure shall contain more than eight dwelling units per structure. Overall density shall not exceed 12 dwelling units per acre.
B.
Minimum tract width requirements. The minimum width required for each tract containing a multifamily dwelling structure shall be as specified in District Regulations, Article III.
Multifamily housing developments (the placement of more than one multifamily dwelling structure and/or more than one single-family attached dwelling structure on a single tract of ground) may be permitted only where specified in District Regulations, Article III. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Mahoning Township Subdivision and Land Development Ordinance.[1]
A.
Minimum tract area and density requirements. The minimum area required for each tract containing a multifamily housing development shall be as specified in District Regulations, Article III. Single-family attached or multifamily dwelling structures shall contain no more than eight dwelling units per structure. Overall density shall not exceed 12 dwelling units per acre.
B.
Minimum tract width requirements. The minimum width required for each tract containing a multifamily housing development 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. Each dwelling unit of a single-family attached dwelling structure shall maintain the minimum width required in District Regulations, Article III.
D.
Design standards. The design standards set forth in § 250-28D of this chapter shall be met for multifamily housing developments. In addition, the following standards shall also apply:
(1)
Streetlighting. Each multifamily housing development
shall be furnished by the developer with lighting designed to adequately
illuminate driveways, walkways, streets and intersections, and to
provide for the safe movement of pedestrians and vehicles throughout
the development.
(2)
Required open space. A minimum of 10% of the gross
area of the development shall be reserved by the developer as common
open space for use by all residents of the complex. This open space
may include areas of land and water, but shall exclude all roads,
parking areas, structures or service lanes. All open space shall be
easily accessible to all units. Applicants for multifamily housing
developments shall submit a proposal regarding the ultimate ownership
and maintenance responsibilities for such common open space areas
to the Township for review as part of the plan submission process.
Copies of all approved 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 dwelling structures shall not exceed 200 feet. Building
groups must also 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, except that space may be provided for loading and
unloading which is closer to the building it is intended to serve
than is herein required.
(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.
(5)
Setback requirements. All dwelling structures situated
within a multifamily housing development shall be set back a minimum
of 75 feet from all property boundary lines.
A.
B.
Every mobile home placed in an approved mobile home
park (including replacement units) shall obtain a zoning permit prior
to it placement in the mobile home park. In addition, each unit (including
replacement units) shall obtain a certificate of compliance, 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 also
require a zoning permit from the Township prior to being initiated.
Group day-care homes or day-care centers which are licensed by the Pennsylvania Department of Public Welfare to provide care for seven or more children outside of a family residence or those providing limited daytime care for adult, elderly, or handicapped persons may be permitted only where specified in District Regulations, Article III. All such uses shall also meet the requirements outlined below.
A.
The lot upon which the day-care facility is situated
shall meet the minimum area requirements established in the district
regulations for the district in which the use is to be located.
B.
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 at least a six-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.
C.
Outdoor recreation areas shall be sufficiently screened
and sound-insulated to protect the neighborhood from noise and other
disturbances.
D.
All other applicable codes, ordinances or laws (including
regulations of the Pennsylvania Department of Public Welfare, 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 provided to the Township for
approval as a part of the plan submission process.
E.
Passenger dropoff and pickup areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site of the facility. In addition, the requirements set forth in Article VIII regarding off-street parking, and all other applicable standards of this chapter, including the sign requirements contained in Article VII, shall also be met.
Retail establishments, including all those commercial and business operations listed in the district regulations, may be permitted only where specified in District Regulations, Article III. In addition, every proposed retail establishment shall meet the requirements outlined below as well as the standards set forth in the Mahoning Township Subdivision and Land Development Ordinance. Additional documentation may be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.
A.
Applications for retail establishments shall include
a site plan drawn to scale, showing the tract of ground on which the
use is to be situated and the location of all buildings or structures
existing or proposed for the site.
B.
Retail establishments shall have no detrimental effect
on the character of the area or neighborhood where they are proposed
to be located. All applications for such uses shall include details
regarding the proposed use of externally broadcast music, public address
systems, public announcements, paging and similar activities.
C.
All retail uses shall provide adequate sewage disposal
facilities and a safe water supply.
D.
Outdoor lighting associated with the proposed establishment shall be mounted and shielded to effectively eliminate direct illumination or reflective glare on adjacent properties or on public streets as set forth in § 250-50H of this chapter.
F.
All signs used to advertise retail activities shall meet the requirements of Article VII of this chapter.
H.
Arrangements for the collection, storage, and disposal
of solid wastes generated by the commercial use shall be made by the
applicant and submitted to the Township for approval as part of the
application for the retail activity. Such arrangements shall indicate
the type of screening to be used to conceal waste storage facilities
used by the retail operation.
I.
Applications for retail establishments shall also
include an indication of the activity's proposed hours of operation.
Automobile service stations and/or auto body repair garages may be permitted only where specified in District Regulations, Article III. All applications for such uses also meet the criteria established for retail uses in § 250-33 of this chapter as well as the standards outlined below, and all applicable state or federal laws.
A.
No automobile service station or auto body repair
garage shall be located within 300 feet of any school, playground,
church or public place of assembly.
B.
Gasoline pumps or other fuel-dispensing devices shall
be no closer than 30 feet to any street right-of-way line, nor shall
any fuel oil, propane gas or other similar substance be stored within
30 feet of a street right-of-way line or property line. (Additional
permits may be necessary to meet state and federal requirements regarding
the location of storage tanks for such purposes.)
C.
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.
D.
Vehicles being stored on-site for more than 48 hours shall be kept within an enclosed building or shall be screened from view as set forth in § 250-52 of this chapter. No such storage area shall exceed three times the size of the garage area in which repairs are being conducted.
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 and Pennsylvania Department of Environmental Protection
regulations and is designed to contain all noise, vibrations, dust
and odor generated by the operation.
F.
Arrangements for the collection, storage and disposal
of all wastes generated by the facility shall be made by the applicant
and submitted to the Township for approval as part of the application
for such use.
Personal storage warehouses may be permitted only where specified in District Regulations, Article III. All applications for such uses shall meet the criteria established for retail uses in § 250-33 of this chapter as well as the standards outlined below.
A.
There shall be no commercial or residential use conducted
from or occurring within such facilities. Such warehouses shall be
used exclusively for the storage of personal property, goods and materials.
B.
Access to such facilities shall be sufficient to accommodate
the size and type of items likely to be stored in the warehouse units.
C.
Chain link fencing, not less than 10 feet in height,
shall be provided around the entire perimeter of the facility.
D.
There shall be no storage of boats, recreational vehicles or other vehicles outside of the required fenced area. All outdoor or unenclosed storage shall, however, be screened from view in accordance with the requirements of § 250-52 of this chapter.
E.
There shall be no storage of explosive, toxic, radioactive
or highly flammable materials or substances in personal storage warehouses.
Adult entertainment establishments or facilities may be permitted only where specified in Article III, District Regulations. In addition, all applications for adult entertainment establishments shall meet the criteria set forth for retail uses in § 250-33 of this chapter as well as the standards outlined below, and all applicable state or local requirements.
A.
No adult entertainment establishment may be situated
or located within:
(1)
Seven hundred fifty feet of the boundary of any residential
district or residential property line;
(2)
Seven hundred fifty feet of the property line of any
church, school, day-care center, theater, park, playground or other
areas where minors congregate;
(3)
Seven hundred fifty feet of the property line of any
establishment licensed by the Pennsylvania Liquor Control Board to
dispense alcoholic beverages; nor within
(4)
Seven hundred fifty 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.
D.
Screening shall be provided on both sides and to the rear of the establishment in accordance with the requirements of § 250-52 of this chapter.
E.
No person under 18 years of age shall be permitted
within an adult entertainment establishment, nor be permitted to purchase
or rent any adult entertainment materials.
F.
Business identification signs shall include no promotional
advertisement or displays.
Industrial operations, including those manufacturing, assembly, processing, packaging or shipping operations and those research or testing activities set forth in the district regulations, may be permitted only where specified in District Regulations, Article III. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in the Mahoning Township Subdivision and Land Development Ordinance.[1] Additional documentation may be required where deemed
necessary by the Township to protect the health, safety and welfare
of its residents.
A.
Industrial or manufacturing operations shall abut
on or provide direct access to a street or highway which is capable
of accommodating all anticipated types and levels of traffic.
B.
Every industrial operation shall be conducted within
an enclosed building(s), except as may be authorized otherwise for
a specific industrial activity. All storage associated with such uses
shall be contained within an enclosed building or shall be shielded
or screened from view by a fence and shall not be located within any
required yard area.
C.
Industrial operations shall be served by municipal
or package sewage and water systems.
D.
Arrangements for the collection, storage and disposal
of all wastes generated by the facility shall be made by the applicant
and submitted to the Township for approval as part of the application
for such use.
E.
Off-street parking and loading areas shall be provided in accordance with the requirements set forth in Article VIII of this chapter.
F.
Accessory retail sales or distribution of products
produced by the industrial operation may be permitted but shall be
clearly incidental to the primary industrial use of the subject site
and shall occupy no more than 25% of the gross floor area of the operation.
Where such retail facilities are to be established, additional off-street
parking spaces shall be provided to satisfactorily accommodate the
commercial activity.
H.
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. The developer shall present sufficient
documentation with his application for the industrial use to indicate
that each of the applicable performance standards will be met.
(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 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, businesses or the surrounding natural environment
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, explosion and chemical 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, explosion, leaks or spills, and appropriate
fire-fighting and fire-suppression equipment and devices standard
in the industry, or as may be required by the Occupational Safety
and Hazards Administration (OSHA). Burning of industrial waste materials
in open fires shall be prohibited at all times.
(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.
Mining and quarrying operations, including the 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 where specified in District Regulations, Article III. Such operations shall comply with all Pennsylvania Department of Environmental Protection and applicable federal permit requirements, and evidence of such compliance must be submitted with any application for a mining or quarrying operation. In addition, the following standards shall be met. (Where, however, the requirements of this chapter conflict with any state or federal law or regulation, such state or federal regulation shall prevail.)
A.
Mining or quarrying 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.
B.
A copy of the applicant's soil erosion and sedimentation
control plan, reviewed and approved by the County Conservation District
or other designated agency, shall be submitted to the Township to
indicate what precautions are to be taken to avoid erosion and sedimentation
problems where excavation is proposed. All exposed ground surfaces
shall be stabilized or protected with a vegetative cover to prevent
erosion, unless other erosion control techniques are approved as part
of the above-referenced plan.
C.
Screen plantings, buffering and/or 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 150 feet and screening in accordance with § 250-52 of this chapter shall be provided. In addition, in the case of open excavation, a fence at least eight feet in height shall completely surround the excavated area, except at approved points of ingress and egress. Points of ingress and egress shall have a gate(s), which shall be locked to prevent unauthorized access when the facility is not in operation.
D.
Where not specifically regulated by state or federal standards, no extraction activities, stockpiling or storage of extracted material shall be located within the required buffer (see Subsection C above) nor less than 300 feet from any stream, body of water or designated wetland area. Further, no stockpiles may exceed 50 feet in height above the original ground surface. All reasonable precautions shall be taken to prevent any materials deposited on stockpiles from being washed, blown or otherwise transported off the site by natural forces.
E.
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. Such facilities shall not exceed 65 feet in height
and shall be subject to such additional conditions and safeguards
deemed necessary by the Township Supervisors to protect the public
health, safety and welfare.
F.
The applicant shall submit a copy of the state or
federally mandated postclosure site restoration plans to the Township
as a part of the application for a mineral extraction operation.
G.
The applicant shall provide evidence that all required
governmental approvals have been granted prior to the issuance of
a zoning permit. In the event the mining operation is found to be
in violation of any governmental regulations which require the operation
of the facility to cease, such action shall cause the zoning permit
to be forfeited. In this case, no resumption of facility operations
shall take place unless and until the applicant obtains approval of
a new zoning permit application.
[Amended 9-20-2010]
Regardless of the specific uses listed or permitted in any of the Township's zoning districts, existing 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 Article III. All agricultural uses initiated after the effective date of this section shall however be subject to the following safeguards and regulations.
A.
General agricultural use regulations. The following general regulations
shall apply to all agricultural uses regardless of the zoning district
in which they may be located.
(1)
Private gardens shall be permitted in all zoning districts.
(2)
Commercial animal husbandry may be permitted as a principal and/or accessory use only in the Agricultural/Forest (A/F) District (see also Subsection B below regarding concentrated animal operations and concentrated animal feeding operations). The raising of livestock and/or poultry as farm pets or for domestic purposes pursuant to the requirements of this section shall not be considered animal husbandry. Household pets shall also be exempt from these regulations.
(3)
Agricultural operations that use or produce manure that are not a
concentrated animal operation (CAO) or a concentrated animal feeding
operation (CAFO) shall comply with the Pennsylvania Department of
Environmental Protection's requirements applicable to such operations,
including the requirements outlined in 25 Pa. Code, § 91.36,
and the manuals and guides referenced in that provision.
(4)
Buildings in which livestock or poultry are to be housed (temporarily or permanently) shall be set back at least 100 feet from all property lines and dwellings (other than the owner's residence), except as may be provided otherwise in 25 Pa. Code, § 91.36. All other agricultural buildings shall be set back in accordance with the standards established in the district regulations, Article III. (See also Subsection B below regarding concentrated animal operations and concentrated animal feeding operations).
(5)
No outdoor feedlot, agricultural compost, manure or other similar unenclosed storage shall be located closer than 100 feet to any property line, well, stream, water body, or designated wetland area, except as may be provided otherwise in 25 Pa. Code, § 91.36. (See also Subsection B below regarding concentrated animal operations and concentrated animal feeding operations.)
B.
Concentrated animal operations and concentrated animal feeding operations regulations. Concentrated animal operations (CAOs) and concentrated animal feeding operations (CAFOs) may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All new or expanded CAOs and CAFOs shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit. In addition, all applications for CAOs and CAFOs shall satisfy the following criteria.
(1)
All concentrated animal operations shall meet the requirements set
forth in the PA Nutrient Management Regulations[2] and Act 38 of 2005, the ACRE legislation, for the preparation
and submission of nutrient management plans. In particular, all such
operations shall meet the standards pertaining to nutrient application,
manure management, and manure storage facilities. Nothing in this
section is intended, nor shall be applied or interpreted, to attempt
to regulate those aspects of CAOs and CAFOs which are specifically
regulated by the PA Nutrient Management Act, the ACRE law, and the
Agricultural Security Law.[3]
(2)
All applications to the Township for new or expanded CAOs or CAFOs
initiated after the effective date of this section shall include the
following information:
(a)
A detailed, written description of the type and size of operation
being proposed; and
(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); and
(c)
A copy of the applicant's nutrient management plan, reviewed
and approved by the County Conservation District, designated Nutrient
Management Specialist, or other appropriate agency; or a letter from
the County Conservation District indicating that no nutrient management
plan is required; and
(d)
A copy of the applicant's odor management plan, reviewed and
approved by the County Conservation District, designated Odor Management
Specialist, or other appropriate agency or individual; or a letter
from the County Conservation District indicating that no odor management
plan is required.
(3)
At a minimum, buildings in which livestock and/or poultry are to
be housed (temporarily or permanently) shall be erected at least 100
feet from all property lines and dwellings (other than the owner's
residence). Where, however, there is conflict with these standards
and the setback requirements established in the Nutrient Management
Regulations, then the standards contained in the Nutrient Management
Regulations shall apply.
(4)
No manure storage facilities shall be permitted to be located within an identified floodway area. Where located within an identified flood fringe or general floodplain area, all such structures shall be elevated or floodproofed to meet the requirements of Article VI of this chapter.
(5)
There shall be no occupancy or use of any facilities related to or
associated with a proposed CAO or CAFO until all required approvals
and permits have been issued.
Where not prohibited by deed restrictions or
other covenants or agreements restricting the use of land, no-impact
home-based businesses and other home occupations may be permitted
in accordance with the following requirements.
A.
No-impact home-based businesses. No-impact home-based
businesses meeting the following criteria may be permitted in the
RR, MR, HR and A/F Zoning Districts.
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
The business activity shall be conducted entirely
within the owner's dwelling and may occupy no more than 25% of the
habitable floor area of the residence, not to exceed a total of 400
square feet.
(3)
The business shall employ no employees other than
family members residing in the dwelling.
(4)
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
(5)
There shall be no outside appearance of a business
use, including but not limited to parking, signs or lighting.
(6)
The business activity shall not use any equipment
or process which creates noise, vibration, glare, fumes, odors, or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(7)
The business activity shall not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
(8)
The business shall not involve any customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises in excess of that normally
associated with a residential use.
(9)
The business shall not involve any illegal activity.
B.
Home occupations. Home occupations meeting the following
criteria may be located within the RR, MR, HR, C-O, A/F and R/OS Districts.
(1)
The home occupation shall be clearly secondary to
the principal residential nature or use of the dwelling where it is
to be located.
(2)
In the MR and HR Districts, the area devoted to the
permitted home occupation shall be located entirely within the owner's
residence; no detached, accessory structure(s) may be used. In the
RR, C-O, A/F and R/OS Districts, the area devoted to the permitted
occupation may be located within the owner's dwelling or a single
building accessory thereto. (Any such accessory building located in
an RR zone shall not contain more than 1/2 the gross floor area of
its principal building, nor shall any such accessory building located
in a C-O, A/F or R/OS District exceed the size of its principal building.)
(3)
A home occupation shall occupy no more than 25% of
the gross floor area of the dwelling, and in the MR and HR Districts
shall not exceed a total of 400 square feet. (No maximum gross floor
area standards shall be applied for family day-care homes or for accessory
group day-care homes.)
(4)
In the MR and HR Districts, persons engaged in the
home occupation shall be limited to the members of the household of
the operator residing on the premises; there shall be no nonoccupant
employees. In all other zones, one nonoccupant employee may be engaged
in the home occupation.
(5)
The home occupation shall not in any way alter the
residential character of the neighborhood where it is to be located,
nor shall it in any way adversely affect the safe and comfortable
enjoyment of individual property rights in that neighborhood.
(6)
The home occupation shall not create any adverse impact
on existing vehicular traffic or pedestrian circulation patterns in
the neighborhood. In the MR and HR Districts, no home occupation shall
be permitted where manufactured products or materials are delivered
to or distributed from the residence.
(7)
No offensive or objectionable noise, vibration, smoke,
dust, odor, heat or glare shall be produced or detected at or beyond
the property line of the lot containing the home occupation.
(8)
There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Article VII, and no outside or unenclosed storage of materials associated with the activity on the premises.
(9)
The majority of all goods or products sold on the
premises shall be produced on the premises.
(10)
Home occupations may be permitted as follows,
subject to the limitations set forth above:
(a)
MR District.
[1]
Home offices for service-oriented professionals
requiring only limited access or office visits by clients, including
facilities for real estate or insurance agents, engineers, architects,
accountants, clerical or computer personnel, telemarketers, seamstresses,
fine artists, tutors, musicians giving lessons, or other similar activities
which do not meet the criteria for a no-impact home-based business.
[2]
Single-operator barber or beauty shops.
[3]
Family day-care homes.
(11)
Requests for other home occupations not specified above may be submitted to the Township Supervisors for conditional use consideration in accordance with the procedures established in § 250-80 of this chapter. Upon finding of the Supervisors that such use complies with the criteria and intent of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
A.
Private swimming pools. Private swimming or bathing
pools (pools used by the occupant and his guests) may be permitted
as accessory uses in all zoning districts but must comply with the
following requirements:
(1)
Every outdoor private swimming pool of permanent construction,
whether above or below ground, shall be completely surrounded by a
fence or wall not less than four feet in height to prevent uncontrolled
access. (No additional fence or wall shall be required where a minimum
of four feet of the walls around the entire perimeter of the pool
are located above the ground, provided that steps, ladders and other
means of access to the pool are removed or secured to a minimum of
four feet above ground level when the pool is not in use.) All gates
or doors in the fence or wall shall have self-latching or automatic
locking devices.
(2)
A dwelling or accessory structure may be used as part
of the required enclosure.
(3)
The pool shall not be located within any required
front yard, nor be closer to any side or rear property line than is
established for accessory structures in the district where the pool
is located.
B.
Public swimming pools. Public swimming or bathing pools, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with commercial lodging facilities, mobile home parks, or similar uses, may be permitted only as specified in District Regulations, Article III. Such pools shall be subject to all requirements established by the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Health.
Communications antennas, towers and/or equipment buildings may be permitted only where specified in District Regulations, Article III. Applications for all new antennas and towers shall also be subject to the standards outlined below, as well as all other applicable state or federal regulations. Residence-mounted satellite dishes and television reception devices, and ham and citizen band radio antennas may be located in any zoning district as an accessory use and shall not be further regulated by this chapter.
A.
General requirements:
(1)
No person or entity shall construct, install or otherwise
operate a communications antenna or erect a communications tower or
equipment building without first securing a zoning permit from the
Township Zoning Officer.
(2)
The applicant shall provide sufficient documentation
that it is licensed by the Federal Communications Commission (FCC)
to operate a communications tower and/or antennas. The applicant shall
also demonstrate that all antennas proposed to be mounted on such
towers will comply with the applicable standards established by the
FCC governing human exposure to electromagnetic radiation and that
any proposed tower will comply with all Federal Aviation Administration
(FAA), Commonwealth Bureau of Aviation, and applicable airport zoning
regulations.
(3)
The applicant shall also demonstrate that the proposed
antennas will not cause radio frequency interference with other communications
facilities located in or adjacent to the Township.
(4)
Within 30 days after a change of ownership of any
communications antenna, tower or equipment building, the new owner
shall notify the Township in writing of such ownership change.
(5)
No provision of this section is intended to unduly
restrict or impair communications activities conducted by any FCC-licensed
individual or entity. If it is determined that any provision of this
section would unlawfully restrict the exercise of a license issued
by the FCC, the Township Supervisors shall have the power and authority
to modify the terms of this section as they apply to such license
holder. Relief under this section shall however be authorized on a
case-by-case basis.
B.
Building-mounted communications antennas. Communications
antennas may be mounted to any existing building or structure in the
RR, C-O, C-H, ID, IN and A/F Districts, subject to the following standards:
(1)
Building-mounted communications antennas shall not
be located on single-, two- or multifamily dwellings but may be attached
to a church, municipal or government buildings, water tanks, agricultural
buildings, electrical transmission poles or towers, or other nonresidential
buildings.
(2)
Building-mounted antennas shall not exceed 15 feet
in height above the building to which they are attached. Omnidirectional
or whip antennas shall not exceed a height of 20 feet and a diameter
of seven inches. Directional or panel antennas shall not exceed five
feet in height and three feet in width.
(3)
Building-mounted antennas shall be located on those
building elevations which do not face public rights-of-way and shall
not project more than three feet from the vertical face of the building
to which they are attached.
(4)
Any applicant proposing to mount a communications
antenna on a building or other structure shall submit evidence to
the Township from a registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or structure, considering wind and other loads associated
with the antenna location.
(5)
Building-mounted antennas located in the RR District
shall be architecturally compatible with the building or structure
to which they are attached. Such antennas shall be designed to blend
into the neighborhood or area where they are located. In addition,
detailed construction and elevation drawings shall be submitted to
the Township indicating how such antenna will be mounted on the building
or structure and how it will be seen in the community from ground
level.
(6)
Applicants for building-mounted antennas shall submit
evidence to the Township that all necessary agreements and/or easements
have been secured to provide access to the building or structure on
which the antenna is located.
C.
Communications towers and tower-mounted antennas.
Communications towers may be located within the A/F District, subject
to the following standards:
(1)
Any applicant proposing construction of a new communications tower shall provide documentation to the Township which demonstrates need for the tower in the proposed location. Such documentation shall include, but need not be limited to, coverage diagrams and technical reports prepared by a qualified professional engineer indicating that the proposed location is necessary to achieve the desired coverage and that collocation on an existing tower, building or structure is not possible. [See also Subsection C(2) below for additional collocation requirements.]
(2)
Any applicant proposing construction of a new communications
tower shall document that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable structures within a one-mile
radius of the proposed tower site be contacted and that one or more
of the following reasons applies for not selecting such structure.
(a)
The proposed antennas and related equipment
would exceed the structural capability of the existing structure,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that structure, and the interference could not be prevented at
a reasonable cost.
(c)
Such existing structures do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related
equipment would result in electromagnetic radiation from the structure
exceeding applicable standards established by the FCC governing human
exposure to such radiation.
(e)
A commercially reasonable agreement could not
be reached with the owners of such structure.
(3)
A communications tower may be located on a lot occupied
by other principal structures and may occupy a leased parcel within
a lot meeting the minimum lot size requirements for the district in
which the tower is to be located. Joint use of a site shall be prohibited,
however, when an existing or proposed use involves the storage, distribution
or sale of volatile, flammable, explosive or hazardous materials such
as propane, gasoline, natural gas or dangerous chemicals.
(4)
The maximum height of any communications tower shall
be 180 feet measured from the ground elevation around the tower to
the highest point on the tower, including antennas mounted on the
tower, unless the applicant can demonstrate to the satisfaction of
the Township Supervisors that additional height is necessary to perform
the intended function.
(5)
The foundation and base of any communications tower
shall be set back from all residential uses and residential district
boundary lines a distance equal to the intended height of the tower.
In all other instances, the setback requirements of the applicable
district shall apply.
(6)
All tower applicants shall provide evidence that at
least one antenna contract agreement has been secured to locate on
the proposed tower. In addition, the tower shall be designed to accommodate
at least four antennas and shall allow for future rearrangement of
antennas or the acceptance of antennas mounted at varying heights.
(7)
All communications towers shall be designed and constructed
in accordance with currently accepted engineering practices, taking
into consideration all relevant safety factors, including but not
limited to wind forces. All guy wires associated with communications
towers shall be clearly marked so as to be visible at all times and
shall be located within the required fenced enclosure. The applicant
shall supply the Township with certification from a registered professional
engineer indicating that such practices will be met.
(8)
Towers and antennas located thereon shall be finished with a nonreflective surface treatment. Materials used in such construction shall not detract from the appearance of the area surrounding the tower. Where possible, applicants are encouraged to design or camouflage towers as trees, farm buildings or other natural features. [See also Subsection C(12) below for landscaping requirements.]
(9)
The site of a communications tower shall be secured
by a fence with a minimum height of eight feet to limit accessibility
by the general public. All towers shall be fitted with anticlimbing
devices approved by the manufacturer for the type of installation
proposed.
(10)
No tower or antennas located thereon shall be
illuminated except as may be required by the FAA or the FCC, in which
case the Township may review the available lighting options and approve
the design that would cause the least disturbance to surrounding uses
and views.
(11)
No signs shall be mounted on a communications
tower or antenna, except as may be required and approved by the FCC,
FAA or other governmental agency and the Township. No advertising
is permitted on a tower or antenna or other building or structure
accessory thereto.
(12)
The tower and any antennas located thereon shall
be located, designed and screened to blend in with the existing natural
or built surroundings so as to minimize visual impacts and to achieve
compatibility with neighboring residences and the character of the
community to the extent feasible. In addition, the base of the tower
shall be landscaped to screen the foundation, base and equipment building
from abutting properties.
(13)
Access to the communications tower and/or equipment
building shall be provided by means of a public street or private
right-of-way or easement to a public street. Any such right-of-way
or easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet for its entire length.
(14)
The applicant shall submit a copy of his FCC
license, together with the name, address and emergency telephone number
of the operator of the communications tower, and a certificate of
insurance evidencing general liability coverage in the amount of $1,000,000
per occurrence and property damage coverage in the amount of $1,000,000
per occurrence covering the tower and antennas thereon, with a $3,000,000
aggregate.
(15)
The tower shall be regularly maintained and
inspected for structural safety at least annually by a properly qualified
professional. The owner of the tower shall submit such inspection
report to the Township by June 30 of each year as a condition of permit
approval.
(16)
The Township may require a tower removal bond
be posted by the tower owner to ensure removal of the tower should
it become abandoned or is no longer used to support communications
antennas. When required, such bond shall be in an amount no less than
20% of the cost of the tower and shall remain with the Township for
the life of the tower. Any change in the status of the bond must be
reported to the Township by the applicant within 30 days.
(17)
If a communications tower is unused for a period
of 12 consecutive months, the Township may consider the use abandoned
and may, therefore, instruct the Zoning Officer to issue a notice
to the tower owner to dismantle and remove the facility and associated
equipment from the site within six months following the date of the
notice. Municipal enforcement proceedings and procedures to invoke
use of a tower removal bond may be initiated following the six-month
period if the tower has not been satisfactorily removed.
D.
Communications equipment buildings. Communications
equipment buildings may be permitted as an accessory use to any communications
tower located within the Township and shall be subject to the following
standards.
(1)
Structures permitted for the housing of equipment,
transformers and other similar hardware shall be designed and constructed
to be compatible with the general character of the other structures
located within the same district and shall be subject to the setback
requirements provided in the district regulations for the district
where they are to be located. Such structures shall not exceed 250
square feet of gross floor area; shall house only that equipment necessary
to provide normal maintenance and repair for the operations; and shall
generally be unmanned.
(2)
Communications equipment buildings shall be subject
to the maximum height requirements of the district in which they are
to be located.
For the purposes of this chapter, utility supply facilities shall include those facilities, buildings and structures constructed and maintained by municipal or governmental agencies, public utilities or public service corporations which are necessary for the provision of utility services to the general public, such as electrical substations, water pumping stations and sewage treatment plants, but excluding commercial communications antennas or towers. (See also § 250-42 above.) Such facilities shall meet the following standards:
A.
There shall be no specific minimum lot width or dimensional
requirements applied to these uses. Each application will be evaluated
on a case-by-case basis by the Township Supervisors as they review
the conditional use request. Appropriate setback and building coverage
requirements, designed to protect the public health, safety and welfare,
will be determined at that time.
B.
Utility supply facilities shall be designed and constructed
to be compatible with the general character (appearance and structural
material) of the other structures within the district in which they
are located.
C.
Structures may be permitted for the housing of transformers,
pumps and similar equipment, but shall house only that equipment necessary
to provide normal maintenance and repair for the systems. Office space
may only be provided in the C-O or C-H District.
Junkyards or auto salvage operations created after the effective date of this chapter may be permitted only where specified in District Regulations, Article III. All applications for such uses shall meet the standards outlined below as well as all other municipal regulations which may be in effect or may hereafter be enacted pertaining to junkyards or auto salvage operations.
A.
Junkyards or auto salvage operations shall be conducted within a building or shall be entirely enclosed with a fence or wall not less than eight feet in height, constructed of a suitable, permanent material. In addition, a buffer yard of 50 feet shall be provided around the entire perimeter of the facility to provide adequate separation between the junkyard or auto salvage operation and adjacent uses. No part of this buffer yard shall be used for the storage of any materials or parts associated with the operation. Buffer yards shall be planted and maintained with grass or other acceptable vegetative cover as per the requirements of § 250-51 of this chapter.
B.
No junk material, accessory structure, related activity
or other enclosure shall be stored, placed, located or conducted within
50 feet of a public street right-of-way, body of water, stream or
wetland. No weeds or scrub growth over 10 inches in height shall be
permitted to grow within this setback area. And, where determined
appropriate by the Township Supervisors, the applicant may be required
to prepare and submit a soil erosion and sedimentation control plan
for the facility.
C.
All junk materials shall be placed so that they are
incapable of being transported off the premises by wind, water or
other natural causes.
D.
All junk shall be stored or arranged so as to permit
access by fire-fighting equipment and to prevent the accumulation
of water. No junk shall be piled to a height exceeding eight feet.
E.
All gasoline and oil shall be drained from junked
vehicles prior to being accepted at the facility.
F.
No oil, grease, tires, gasoline or other similar material
shall be burned at any time, and all other burning shall be attended
and controlled at all times.
G.
All junkyards shall be maintained in such a manner
to avoid causing public or private nuisances; causing any offensive
or noxious odors; or causing the breeding or harboring of rats, flies
or other vermin that could be hazardous to public health.
Retirement housing complexes may be permitted only where specified in District Regulations, Article III. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Mahoning Township Subdivision and Land Development Ordinance.[1]
A.
Minimum tract area and density requirements. The minimum gross area required for each tract containing a retirement housing complex shall be as specified in District Regulations, Article III. Overall density for a retirement housing complex shall not exceed 15 dwelling units per acre.
B.
Permitted dwelling types. For the purposes of this chapter, retirement housing complexes may be designed as single-family attached dwelling structures (townhouse units) or as multifamily dwelling structures (apartment buildings). There shall be no limit on the number of dwelling units per structure within the complex, provided that the overall tract density requirements set forth in Subsection A above are met.
C.
Minimum tract width requirements. The minimum width required for each retirement housing complex shall be as specified in District Regulations, Article III.
E.
Minimum dwelling unit floor area requirements. A minimum
of 750 square feet of gross floor area shall be provided for each
dwelling unit within a retirement housing complex. Space set aside
within a housing structure for the common use of all residents may
be divided among the total number of units in that structure to help
achieve the required minimum area. No individual dwelling unit may,
however, contain less than 600 square feet of gross floor area.
F.
Design standards. The design standards set forth in § 250-28D(1) through D(7) of this chapter shall also be met for all retirement housing complexes.
G.
Building relationships. The building relationship standards set forth in § 250-30E(1) through E(4) of this chapter shall also be met for all retirement housing complexes. In addition, the following standards shall also apply:
(1)
Arrangements of buildings and facilities.
(a)
All of the elements of the site plan shall be
harmoniously and efficiently organized in relation to topography,
the size and shape of the tract, the character of the adjoining property,
and the type and size of the proposed buildings in order to produce
a livable and economic land use pattern.
(b)
Buildings shall be arranged in favorable relation
to the natural topography, existing desirable trees, views within
and beyond the site, and exposure to the sun and other buildings on
the site. Grading around the buildings shall be designed to be in
harmony with the natural topography, at the same time assuring adequate
drainage and safe and convenient access.
(2)
Access and circulation.
(a)
Access to the dwellings and circulation between
residences and other important project facilities for vehicular and
pedestrian traffic shall be safe, adequate and convenient for the
occupants of the development.
(b)
Access and circulation for fire-fighting apparatus,
furniture-moving vans, fuel trucks, garbage collection, deliveries
and snow removal shall be planned for efficient operation and maintenance.
(3)
Yards. Yards shall assure adequate privacy, desirable views, adequate natural light and ventilation, convenient access to and around the dwellings and other essential facilities or uses as determined appropriate by the Township Supervisors during their review of the application. (See also Subsection D above.)
[Added 10-16-2006]
Residential cluster developments may be permitted only where specified in the District Regulations, Article III. All proposed applications for residential cluster developments shall also meet the specific standards set forth in § 211-45B of the Mahoning Township Subdivision and Land Development Ordinance of 2006, or as may hereafter be amended.
[Added 9-20-2010]
Commercial wind energy facilities may be permitted only in those zoning districts and as specified in Article III, District Regulations. Applications for such uses shall also be subject to the requirements set forth below, as well as all other applicable state or federal regulations.
A.
Purpose and applicability. The purpose of these regulations is to
provide for the construction, operation, and decommissioning of commercial
wind energy facilities in Mahoning Township, subject to reasonable
conditions that will protect the public health, safety and welfare.
The regulations are intended to apply to all new wind energy facilities
to be constructed after the effective date of this chapter, except
personal wind energy facilities as defined herein. Wind energy facilities
constructed prior to the effective date of this chapter shall not
be required to meet the requirements of this chapter; provided, however,
that any physical modification to an existing wind energy facility
that materially alters the size, type and number of wind turbines
or other equipment shall comply with the stated provisions of this
section.
B.
Application and plan requirements. Applications for commercial wind
energy facilities shall, at a minimum, include the following information.
(1)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the approximate
generating capacity of the facility; the approximate number, representative
types and height or range of heights of wind turbines to be constructed,
including their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the facility.
(3)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to the
site of the facility.
(4)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substations, electrical cabling from the facility to the substations,
ancillary equipment, buildings and structures, including permanent
meteorological towers, associated transmission lines, and layout of
all structures within the geographical boundaries of all applicable
setbacks.
(5)
Documents related to decommissioning, including a schedule for
such process and financial security.
(6)
Other relevant studies, reports, certifications and approvals
as may be reasonably required by Mahoning Township to ensure compliance
with this section.
C.
Design and installation.
(1)
Code requirements and safety certifications.
(a)
To the extent applicable, the wind energy facility shall comply
with the PA Uniform Construction Code, Act 45 of 1999,[1] as amended, and the regulations adopted by the PA Department
of Labor and Industry. In addition, the applicant shall provide sufficient
documentation showing that the wind energy facility will comply with
all applicable requirements of the Federal Aviation Administration
(FAA) and the Commonwealth Bureau of Aviation.
[1]
Editor's Note: See 35 P.S. §§ 7210.101 et seq.
(b)
The design of the facility shall conform to all applicable industry
standards, including those of the American National Standards Institute.
The applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar
certifying organizations.
(2)
Control and brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(3)
Electrical components. All electrical components of the wind
energy facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(4)
Visual appearance; power lines.
(a)
Wind energy facilities shall be a nonobtrusive color such as
white, off-white or gray.
(b)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(c)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
(d)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
(5)
Warnings. A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(6)
Climb protection/locks. Wind turbines shall not be climbable
up to 15 feet above ground surface. All access doors to wind turbines
and electrical equipment shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized persons.
D.
Setback requirements.
(1)
Property lines. All wind turbines shall be set back from the
nearest property line a distance not less than 1.1 times the turbine
height, as measured from the center of the turbine base.
(2)
Occupied buildings. Wind turbines shall be set back from the
nearest occupied building a distance not less than 1.1 times the turbine
height, as measured from the center of the turbine base to the nearest
point on the foundation of the occupied building. For occupied buildings
located on a nonparticipating landowner's property, wind turbines
shall be set back a distance of five times the turbine height, as
measured from the center of the turbine base to the nearest point
on the foundation of the occupied building.
(3)
Public roads. All wind turbines shall be set back from the nearest
public road a distance of not less than 1.1 times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
E.
Use of public roads.
(1)
The applicant shall identify all state and local public roads
to be used within Mahoning Township to transport equipment and parts
for construction, operation or maintenance of the wind energy facility.
(2)
The Township's Engineer or a qualified third party engineer,
hired by the Township and paid for by the applicant, shall document
road conditions prior to construction and again 30 days after construction
is complete, or as weather permits.
(4)
Any road damage caused by the applicant or his contractors shall
be promptly repaired at the applicant's expense.
(5)
The applicant shall demonstrate to the Township that he had
appropriate financial security to ensure the prompt repair of damaged
roads.
F.
Local emergency services. The applicant shall provide a copy of the
project summary and site plan to local emergency services providers,
including paid and volunteer fire departments. At the request of such
emergency services providers, the applicant shall cooperate in the
development and implementation of an emergency response plan for the
wind energy facility.
G.
Noise and shadow flicker. Audible sound from a wind energy facility
shall not exceed 55 dBA, as measured at the exterior of any occupied
building on a nonparticipating landowner's property. Methods for measuring
and reporting acoustic emissions from wind turbines and the wind energy
facility shall be equal to or exceed the minimum standards for precision
described in AWEA Standard 2.1 -1989, titled "Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier." The facility owner and operator shall make
reasonable efforts to minimize shadow flicker to any occupied building
on a nonparticipating landowner's property.
H.
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals, and shall mitigate any harm caused by the wind energy
facility.
I.
Liability insurance. A current general liability policy (adjusted
annually to the rate of inflation) covering bodily injury and property
damage with limits of at least $1,000,000 per occurrence and $3,000,000
in the aggregate shall be maintained by the facility owner or operator.
Certificates of insurance shall be provided to the Township as a part
of the applicant's application.
J.
Decommissioning.
(1)
The facility owner or operator shall, at his expense, complete
decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility
or wind turbines. Such facility or wind turbine shall be presumed
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded, unless the land
owner requests in writing that the access roads or other land surface
areas not be restored.
(4)
An independent and certified Professional Engineer shall be
retained to estimate the cost of decommissioning without regard to
salvage value of the equipment. Said estimates shall be submitted
to Mahoning Township after the first year of operation and every fifth
year thereafter.
(5)
The facility owner or operator shall post and maintain decommissioning
funds in an amount equal to the identified decommissioning costs,
provided that at no point shall decommissioning funds be less than
25% of the decommissioning costs. The decommissioning funds shall
be posted and maintained with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the facility owner or operator and participating
land owner posting the financial security, provided that the bonding
company or lending institution is authorized to conduct business within
the Commonwealth and is approved by Mahoning Township.
(6)
Decommissioning funds may be in form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to the Township.
(7)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection J(1) above, then the land owner shall have six months to complete the decommissioning.
(8)
If neither the facility owner or operator nor the landowner complete decommissioning within the periods described by Subsection J(1) and J(7) above, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating land owner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the Township concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Township in order to implement the decommissioning
plan.
K.
Public inquiries and complaints. The facility owner and operator
shall maintain a phone number and identify a responsible person for
the public to contact with inquiries and complaints throughout the
life of the project. The facility owner and operator shall make every
reasonable effort to respond to the public's inquiries and complaints.
[Added 9-20-2010]
Farm-related businesses may be permitted as accessory uses in
the Agricultural/Forest District. Every application for such a use
shall be subject to the following requirements as well as the standards
set forth in the Mahoning Township Subdivision and Land Development
Ordinance.[1]
A.
Farm-related businesses shall remain secondary to the principal agricultural
use of the property.
B.
Farm-related businesses shall be conducted entirely within an enclosed
building(s) typical of farm buildings, but may not be located within
the farm residence. All buildings used for farm-related businesses
shall be located in proximity to other farmstead buildings and must
remain compatible with the character of the farm and the rural setting
in which they are located.
C.
The farm-related business must be owned and operated by the individual
who resides on the farm where the business is located. There shall
be no more than two nonresident employees engaged in the business.
D.
The area devoted to production, storage and sales associated with
all farm-related businesses on the site shall be limited to a total
of 2,500 square feet of gross floor area.
E.
No outdoor, unenclosed storage associated with a farm-related business
shall become a nuisance or create a safety hazard.
F.
All signs used to advertise such facilities shall meet the requirements of Article VII of this chapter.
G.
Off-street parking spaces shall be provided for each farm-related business as set forth in Article VIII of this chapter.
H.
Farm-related businesses may include, but need not be limited to,
any of the following activities:
I.
Requests for other farm-related businesses not specified above may
be submitted to the Zoning Hearing Board for consideration. Upon finding
of the Board that such use complies with the criteria of this section,
other applicable codes and ordinances in effect in the Township, and
that the proposed use would not be detrimental to the health, safety
and welfare of the residents of the neighborhood where it is to be
located, such use may be approved.
[Added 12-20-2021 by Ord. No. 2021-1220]
A.
Accessory solar energy systems (ASES).
(1)
Criteria applicable to all accessory solar energy systems.
(a)
ASES shall be permitted as a use by right in all zoning districts.
(b)
The ASES layout, design, installation, and ongoing maintenance
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM), Institute
of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), or other
similar certifying organizations, and shall comply with the PA Uniform
Construction Code and with all other applicable fire and life safety
requirements. Upon completion of installation, the ASES shall be maintained
in good working order in accordance with standards of the codes under
which the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
actions by Mahoning/Cooper Townships in accordance with applicable
ordinances.
(c)
All on-site utility, connection lines, and plumbing shall be
placed underground.
(d)
Glare.
[1]
All ASES shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways. Exterior surfaces shall have a nonreflective finish.
[2]
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 mitigation.
(e)
Decommissioning.
[1]
Each ASES and all solar-related equipment shall
be removed within 12 months of the date when the use has been discontinued
or abandoned by the system owner and/or operator, or upon termination
of the useful life of same.
[2]
The ASES shall be presumed to be discontinued or
abandoned if no electricity is generated by such solar collector for
a period of 12 continuous months.
[3]
The ASES owner shall, at the request of the Township,
provide information concerning the amount of energy generated by the
ASES in the last 12 months.
(2)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
The total height of a building with an ASES shall not exceed
by more than three feet above the maximum building height specified
for principal or accessory buildings within the applicable zoning
district.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
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.
(3)
Ground-mounted accessory solar energy systems.
(a)
Setbacks.
[1]
The minimum yard setbacks from side and rear property
lines shall be equivalent to the accessory structure setback in the
applicable zoning district.
[2]
A ground-mounted ASES shall not be located in the
required front yard, unless the principal structure is set back more
than 250 feet from the front lot line, in which case the ASES shall
be set back not less than 200 feet from the front lot line.
(b)
Height. Ground-mounted ASES shall not exceed 15 feet in height
above the ground elevation surrounding the systems.
(c)
Stormwater management.
[1]
Stormwater runoff from an ASES shall be managed in accordance with the requirements of the Mahoning Township Stormwater Management Ordinance (Chapter 202 of the Mahoning Township Ordinances) or the Montour County Stormwater Management Ordinance, as applicable.
[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 predevelopment to postdevelopment
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 Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting 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.
[i]
For panels located on slopes of 0% to 15%, a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
Panels located on slopes greater than 15% cannot
be considered DIA.
[iii]
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 sediment
control plan.
[iv]
Agrivoltaics, the codevelopment of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used, provided that:
[A]
Only shade-tolerant crops may be used;
[B]
Crops must be no-tilled in;
[C]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities or a portion
of the overall farm conservation plan must identify BMPs used;
[D]
Any cutting or mowing of the agricultural crop
is limited to a height of no less than four inches;
[E]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs of the crop(s).
[3]
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
predevelopment to postdevelopment runoff analysis as impervious area
to determine the need for post-construction stormwater management
(PCSM) best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the ASES such
as roadways and support buildings cannot be considered a DIA and shall
follow normal protocols when performing the PCSM stormwater analysis.
(d)
Buffering.
[1]
Ground-mounted ASES shall be buffered from any
adjacent residential uses by a buffer yard of at least 30 feet. Such
buffer yard shall be part of the commercial installation and shall
be parallel and adjacent to the boundary.
[2]
Ground-mounted ASES shall be buffered from any
adjacent agricultural uses by a buffer yard of at least 15 feet. Such
buffer yard shall be part of the commercial installation and shall
be parallel and adjacent to the boundary.
[3]
Ground-mounted ASES shall be buffered from any
other adjacent uses by a buffer yard of at least 20 feet. Such buffer
yard shall be part of the commercial installation and shall be parallel
and adjacent to the boundary.
(e)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(f)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the ASES will not impede stormwater management,
or in any other manner alter or impede stormwater runoff from collecting
in a constructed stormwater conveyance system.
B.
Solar energy facility (SEF).
(1)
Criteria applicable to all SEFs:
(a)
The SEF layout, design and installation shall conform to good
industry practice. "Good industry practice" shall mean the practices,
methods, standards, and acts (engaged in or approved by a significant
portion of the solar power industry for similar facilities in similar
geographic areas that are similar in size and complexity), as the
same may change from time to time, that, at a particular time, in
the exercise of reasonable professional judgment in light of the facts
known at the time a decision was made, would have been expected to
accomplish the desired result in a manner consistent with applicable
law, regulation, codes, good business practices, reliability, safety,
environmental protection, economy, expedition, and shall comply with
the PA Uniform Construction Code and with all other applicable fire
and life safety requirements.
(b)
The application shall include a construction transportation
plan that shows all roadways that will be utilized to access the site,
which shall be forwarded to the municipality for review.
(c)
DC voltage solar array connections may be located aboveground.
(d)
AC solar facility connections should be located underground
where feasible. AC solar facility connections may be located aboveground
where the applicant can demonstrate to the satisfaction of the Planning
Commission that the overall environmental impacts would support aboveground
location.
(e)
Solar project connections may be located aboveground.
(f)
No portion of the SEP 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.
(g)
Noise management.
[1]
A noise management plan that addresses noise produced
during construction and during the facilities operation, to be approved
by the Planning Commission, shall be included with the SALDO application.
[2]
The plan, at a minimum, shall separately address
noise during construction and facility operations and include mitigation,
an assessment of the noise that will emulate at the perimeter fence
and the contact information for the individual who is responsible
for implementation and compliance both during construction and operations.
[3]
The volume of sound inherently and recurrently
generated shall be controlled so as not to cause a nuisance to adjacent
uses.
[4]
During operation of the SEF, audible sound shall
not exceed a maximum of 60 dBA during daytime hours and 55 dBA during
nighttime hours as measured at the exterior of any occupied building
on a nonparticipating landowner's property.
(h)
Glare.
[1]
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 nonreflective finish.
[2]
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 mitigation.
(i)
The SEF owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Mahoning Township Zoning Officer or Cooper
Township Zoning Officer, as applicable. The SEF owner and/or operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
(j)
Decommissioning.
[1]
The SEF owner 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 by such system for a period of 12 continuous months;
[2]
The SEF owner 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;
[3]
To the extent possible, the materials shall be
resold or salvaged. Materials that cannot be resold or salvaged shall
be disposed of at facility authorized to dispose of such materials
by federal or state law;
[4]
Any soil exposed during the removal shall be stabilized
in accordance with applicable erosion and sediment control standards;
[5]
Any access drive paved aprons from public roads
shall remain for future use unless directed otherwise by the landowner;
[6]
The SEF site area shall be restored to its preexisting
condition, suitable for its prior use, except the landowner may authorize,
in writing, any buffer landscaping or access roads installed to accommodate
the SEF to remain;
[7]
Any necessary permits, such as erosion and sedimentation
and NPDES permits, shall be obtained prior to decommissioning activities;
[8]
At the time of issuance of SALDO approval for the
construction of the SEF, the owner shall provide financial security,
in the form and amount acceptable to the Township and in favor of
the Township, to secure its obligations under this section.
[a]
The SEF developer shall, at the time of the SALDO
application, provide the Township 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. The estimate may include an estimated salvage
and resale value, discounted by a factor of 10%. The decommissioning
cost estimate formula shall be the gross cost of decommissioning activities,
minus 90% credit of salvage and resale value, equals the decommissioning
cost estimate.
[b]
On every fifth anniversary of the date of 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 increases, the SEF owner shall
remit the increased financial security to the Township within 30 days
of the approval of the updated decommissioning security estimate by
the Township. If the decommissioning security amount decreases by
greater than 10%, the Township owner shall release from security any
amounts held in excess of 110% of the updated decommission cost estimate.
[c]
Decommissioning security estimates shall be subject
to review and approval by the Township and the SEF developer/owner
shall be responsible for administrative, legal, and engineering costs
incurred by the Township for such review.
[d]
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 Commission and the
Township Solicitor.
[e]
Prior to final approval of any SALDO plans for
an SEF, the SEF developer shall enter into a decommissioning agreement
with the Township outlining the responsibility of the parties under
this agreement as to the decommissioning of the SEF.
(k)
An emergency response plan shall be included with the SALDO
application, which shall be reviewed and approved by Montour County
Emergency Management Agency.
(l)
Permit requirements.
[1]
The SEF shall comply with the Township subdivision
and land development requirements through submission of a land development
plan.
[2]
The installation of an SEF shall be in compliance
with all applicable permit requirements, codes, and regulations, including
highway occupancy, driveway permits and road bonding requirements.
[3]
The SEF owner and/or operator shall repair, maintain
and replace the SEF and 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.
(2)
Ground-mounted principal solar energy systems.
(a)
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 SEF development area.
(b)
Solar array locations.
[1]
Solar arrays may be located only on 75% of the
total Class I and II agricultural soils within the SEF development
area, unless the area will be devoted to agrivoltaic activities, in
which case 100% of the Class I and II soils may be included in the
SEF development area.
[2]
For each parcel on which an SEF, or a component
of an SEF, is proposed, a map shall be provided by the applicant detailing
the SEF development area, the constrained area, the Class I and II
agricultural soils, and the portion of the SEF development that may
be devoted to solar arrays.
[3]
Solar arrays shall only be placed within that portion
of any lot that lies within the portion of the SEF development that
may be devoted to solar arrays.
[4]
Solar arrays shall not be located in:
[a]
Floodways, as identified in the FEMA FIRM mapping.
[b]
Regulated natural and man-made drainage corridors,
extending 25 feet from the center line of any such drainage feature
unless the Planning Commission, at SALDO approval, determines a lesser
setback would create less impacts to the overall project.
[c]
Wetlands. Development may occur on any wetland
area of less than one acre if the Planning Commission, at SALDO approval,
determines the development of that area would create less impacts
to the overall project. Any such development in a wetland must receive
the required approval of the Pennsylvania Department of Environmental
Protection and/or the United States Army Corps of Engineers.
[d]
Wetlands buffer extending 25 feet from any wetland
unless the Planning Commission, at SALDO approval, determines a lesser
setback would create less impacts to the overall project.
[e]
Slopes in excess of 15% unless the Planning Commission,
at SALDO approval, determines location in an area in excess of 15%
would create less impacts to the overall project.
[f]
Wooded areas primarily devoted to mature trees
in excess of two acres that would require removal of greater than
20% of mature trees unless the Planning Commission, at SALDO approval,
determines greater tree removal would create less impacts to the overall
project. For the purpose of this subsection, brushes and shrubs are
not considered trees.
[g]
Road rights-of-way.
[h]
Setback areas, as defined in the underlying zoning
district.
(c)
Setbacks.
[1]
The fence, as required by Subsection B(2)(h) below, shall be considered a principal structure for purposes of setbacks. Minimum setbacks shall be in accordance with the district requirements. Where an SEF is adjacent to a residential building, a minimum setback of 50 feet from any occupied building shall be required.
[2]
No lot line setback will be required where there
is a grouping of two or more solar energy facilities 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.
[3]
The application shall include with the project
submission details of mitigation measures to be implemented to preserve
wildlife corridors, including between solar energy facilities of a
solar energy project.
[4]
A minimum of a twenty-five-foot buffer shall be
maintained along either side of any regulated stream or regulatory
wetland.
(d)
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.
[3]
SEF components may be in excess of the maximum
height requirement where the applicant can demonstrate to the satisfaction
of the Planning Commission the necessity and benefit.
[4]
There is no maximum height restrictions for structures
that support solar facility connections and solar project connections.
(e)
Stormwater management.
[1]
Stormwater runoff from an SEF shall be managed
in accordance with the requirements of the Mahoning/Cooper Township
Stormwater Management Ordinance.
[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 predevelopment to postdevelopment
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 Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting 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.
[i]
For panels located on slopes of 0% to 15% a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
Panels located on slopes greater than 15% cannot
be considered DIA.
[iii]
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 sediment
control plan.
[iv]
Agrivoltaics may be used, provided that:
[A]
Only shade-tolerant crops may be used;
[B]
Crops must be no-tilled in;
[C]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities or a portion
of the overall farm conservation plan must identify BMPs used;
[D]
Any grazing, cutting or mowing of the agricultural
crop is limited to a height of no less than four inches;
[E]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s);
[F]
If the property will be used for the grazing of
livestock, a manure management plan must be developed.
[3]
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
predevelopment to postdevelopment runoff analysis as impervious area
to determine the need for post-construction stormwater management
(PCSM) best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
AH impervious areas associated with the ASES, such
as roadways and support buildings, cannot be considered a DIA and
shall follow normal protocols when performing the PCSM stormwater
analysis.
(f)
Ground-mounted SEP 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 SEP installation,
except where the Supervisors determine that the retention of existing
trees within the vegetative buffering area may constitute the required
vegetative buffer or where the Supervisors determine 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. All required vegetative buffering
shall be located within 50 feet of the required fencing.
[3]
Vegetative buffering should be designed to emulate
the mix of native species and appearance of existing tree lines, hedgerows,
and wooded areas already in existence within the landscape where the
SEP is proposed. The applicant shall assess the species mix and characteristics
found in existing tree lines, hedgerows, and wooded areas surrounding
the SEP and document that the vegetative buffering is designed to
emulate these characteristics. Arborvitae may be used as vegetative
buffering.
[4]
No less than 20% of vegetative buffering plantings
shall be pollinator-friendly species.
[5]
Vegetative buffering shall be selected to provide
year-round buffering and shall be of sufficient height, density, and
maturity to screen the facility from visibility, as set forth herein,
within 36 months of the installation of the SEP.
[6]
A combination of natural topography and vegetation
can serve as a buffer, provided that the SEP will not be visible from
public roads, public parks or existing residences on surrounding properties.
Earthen berms may not be created to serve as a buffer.
[7]
Visibility of the SEP shall be determined as visible
in a photograph taken at a point with a digital camera with an APS-C
sensor and a 35 mm focal length lens. An SEP shall be considered to
not be visible, provided that no more than 5% of the SEP shall be
visible in accordance with the measure of visibility set forth above.
[8]
The buffering requirements of this section shall
supersede the provisions of Mahoning/Cooper Townships' Zoning
Ordinance and Subdivision and Land Development Ordinances, and the
Montour County Zoning Ordinance and Subdivision and Land Development
Ordinance, as they may pertain to SEFs.
(g)
Ground-mounted SEP shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system.
(h)
Security.
[1]
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 Planning Commission at land development plan approval.
[2]
A clearly visible warning sign shall be placed
at the base of all pad-mounted transformers and substations and on
the fence on the surrounding the SEP informing individuals of potential
voltage hazards.
(i)
Access.
[1]
At a minimum, a fourteen-foot-wide stabilized access
road must be provided from a state or Township roadway to the SEP
site that is maintained in a dust-free condition. The SEP developer
shall obtain a permit from the appropriate jurisdiction for the construction
of the access road.
[2]
At a minimum, a twenty-foot-wide cartway shall
be provided on the inside of the perimeter fencing between the fence
and solar array.
[3]
Spacing between solar array rows shall allow access
for maintenance vehicles and emergency vehicles.
(j)
The ground-mounted SIP shall not be artificially lighted except
to the extent required for safety or by applicable federal, state,
or local authority.
(3)
Roof- and wall-mounted principal solar energy facility.
(a)
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.
(b)
The total height of a building with a roof- and wall-mounted
system shall not exceed by more than three feet above the maximum
building height specified for principal or accessory buildings within
the applicable zoning district.
(c)
Roof- and wall-mounted principal solar energy facilities are
permitted in any zoning district where the building upon which they
will be mounted is a permitted use.
