The following uses shall be permitted in the Low Density Residential
District:
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings.
C.
Churches or similar places of worship.
E.
Public and private schools, day-care and geriatric centers,
nursing homes, hospitals and similar institutions, provided that all outside
active play areas are screened from adjacent properties.
G.
Federal, state and local municipal buildings and uses
and essential services.
H.
Accessory buildings and uses customarily incidental to
a permitted use.
I.
Lodges.
J.
Public utilities (i.e., sewer, water, gas, etc.).
K.
Public parks (i.e., government-owned parks, local, state or federal)
shall be permitted subject to the following requirements:
[Added 8-12-2003 by Ord. No. 283]
(1)
The park is less than 10 acres in size.
(2)
The park is constructed according to an approved subdivision
or land development plan.
(3)
The park is dedicated to the Township within three years after
approval of the subdivision or land development plan.
(4)
The park must be located entirely within the Township.
(5)
Stormwater facilities are not permitted as part of the park and
may not be dedicated to the Township.
(6)
Any other requirements in accordance with this chapter.
Conditional uses in the Low Density Residential District shall be as
follows:
A.
Bed-and-breakfasts.
B.
[1]Municipal waste landfills and residual waste landfills shall be
permitted as a conditional use subject to the following conditions:
[Added 10-24-1995 by Ord. No. 238]
(1)
Landfills must be conducted and maintained in such a
manner as to ensure the health, safety and welfare of the citizens of Antrim
Township.
(2)
Location of landfills within the Township.
(a)
Landfills shall not be located in an area with soils
classified by the Soil Conservation Service as prime agricultural soils.
(b)
A landfill shall not be located on property which has
any creek, stream, run or any other free-flowing body of water within 100
feet of the boundary lines of said landfill, nor shall any such creek, stream,
run or free-flowing body of water run through any land upon which it is proposed
to locate a landfill. Temporary water runoff such as that present in swales
after a rainstorm shall not be considered a creek, stream, run or any other
free-flowing body of water for the purpose of this section.
(c)
No part of the landfill shall be established within 500
feet of any occupied dwelling.
(d)
No landfill shall be established within 300 feet of any
building that is currently being occupied by people for periods in excess
of five hours per day.
(e)
No landfill shall be established within 100 feet of a
property line.
(f)
No landfill shall be established within 100 feet of a
public right-of-way. Where the right-of-way is bounded on both sides by a
landfill under a single ownership, the landfill shall be set back 100 feet
on each side of the right-of-way.
(g)
No part of a landfill shall be established within 1,500
feet of a water supply for domestic use.
(3)
Buffer zones; fencing; planting.
(a)
Buffer zone. There shall be a two-hundred-foot buffer
zone between the landfill and the adjoining properties.
(b)
Plantings. Trees and/or shrubs shall be planted to screen
the landfill from view and from adjacent rights-of-way. The planting must
consist of evergreen trees and shrubs designed and planted so as to completely
screen the landfill from view and create a solid screen six feet in height.
The planting shall be located between the right-of-way line and the fencing
required by Department of Environmental Protection (DEP) rules and regulations,
leaving ample area so as not to obstruct or encroach upon the right-of-way
line when plantings are sufficiently grown and leaving sufficient area and
space for vehicles to pass between adult plantings and fencing.
(c)
Fencing. Fencing shall be as required by DEP rules and
regulations.
(4)
Hours of operation and dirt and debris from trucks.
(a)
The landfill shall be opened and dumping and depositing
therein shall be permitted only from 7:00 a.m. to 4:30 p.m. Monday through
Friday, and 7:00 a.m. to 11:30 a.m. Saturdays. However, on Saturday immediately
following a week within which a national holiday occurs the landfill shall
be allowed to remain open from 7:00 a.m. to 4:30 p.m. on that Saturday. The
following are national holidays: Christmas, New Year's Day, Easter, Thanksgiving,
Fourth of July, Memorial Day, Martin Luther King Day, President's Day and
Labor Day.
(b)
In order to prevent trucks departing the landfill from
depositing dirt and debris on public roads, all access roads shall be paved
with macadam 1,000 feet from the point the access road intersects with the
public roads or, in the alternative, all trucks leaving the landfill shall
be washed prior to departing. The truck shall be washed in such a manner to
prevent debris and dirt from being deposited on public roads.
(5)
Conditional use landfill application approval required.
(a)
No person shall start, maintain, continue to maintain
or expand, whether for commercial purposes or otherwise, any landfill within
Antrim Township unless such landfill has an approved conditional use landfill
application from the Board of Supervisors of Antrim Township. Application
for such conditional use approval shall be made to the Board of Supervisors
of Antrim Township and shall be in writing, under oath, and in the form prescribed
by the Board of Supervisors.
(b)
Said application shall contain the following information:
[1]
Name of the applicant and address for the past five years,
the location of the premises upon which the landfill is to be conducted and
the name of the owner or owners of said property, if other than the applicant.
[2]
Upon any subsequent applications, the applicant must
provide a statement that during the preceding term of his or her conditional
use approval he or she complied with and maintained the premises in full compliance
with the provisions of this section.
[3]
Each application shall describe the premises upon which
the landfill is to be established, specifying therein setback lines, structures
erected thereon, any premises to be so used, and the book and page number
identifying the deed of record as recorded by the Franklin County Recorder
of Deeds.
[4]
If the applicant is a partnership or association, the
applicant shall furnish the information required in Subsections B(5)(b)[1]
and [2] above for every member of the association or partnership. If the applicant
is a corporation, the applicant shall furnish the information requested in
Subsections B(5)(b)[1] and [2] above for each officer and director thereof.
[5]
The application shall be signed by the applicant if an
individual, by all members if the applicant is a partnership or association,
and by the president, secretary and chairman of the board if the applicant
is a corporation.
(c)
A physical plan of the landfill drawn to scale shall
be submitted with the application, including the following:
[1]
Tract metes and bounds upon which the landfill is to
be maintained, the area presently in use as a landfill, and the area for which
a permit has been granted by the Department of Environmental Protection under
the Solid Waste Management Act, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
All streams, creeks, runs or other free-flowing bodies
of water within 500 feet of any present landfill, all property lines within
200 feet of the landfill, all buildings within 400 feet of the landfill, all
rights-of-way within 200 feet of the landfill and all water supplies for domestic
use within 2,000 feet of the landfill.
[4]
Soil embankments for noise, dust and visual barriers
and heights of soil mounds, including proposed soil erosion and sedimentation
control which has been favorably reviewed by the Soil Conservation Service.
[5]
Stormwater management provisions.
[6]
Interior road pattern identifying their relation to yard
operation and points of ingress and egress onto state and Township roads.
[7]
Source of water, if plans show use of water, and location
of all monitoring wells.
(e)
A separate application is required for each landfill.
(f)
Applications.
[1]
The application, with the required fees, deposits, written
approvals, comments and/or recommendations, as well as other documents or
evidence that may be required by any federal, state or local board or agency,
shall be submitted to Antrim Township at the Antrim Township Municipal Building
during regular business hours, at least 15 calendar days prior to the next
scheduled meeting of the Antrim Township Board of Supervisors at which said
application is to be reviewed.
[2]
The application shall have attached to the application
form, in addition to these aforereferenced approvals, comments and recommendations
of the Antrim Township Planning Commission, the Antrim Township Zoning Hearing
Board, the Antrim Township Zoning Officer, the Antrim Township Solicitor,
the Antrim Township Administrator and the Antrim Township Secretary.
[3]
The comments and recommendations required in Subsections
B(5)(j)[1] and [2] above shall be obtained at the expense of the applicant
and shall be submitted as required under Subsection B(5)(j)[1].
(g)
Every prospective landfill shall pay an application fee
and an application renewal fee in an amount set forth from time to time by
resolution of the Board of Supervisors. Said fees are to defray Township costs
of administrating this section.
[Amended 7-8-1997 by Ord. No. 246]
(h)
Approvals shall be issued for a term of one calendar
year.
(i)
The landfill may be inspected and reviewed at any time
during the one-year term of the initial approval of the application. A failure
to comply with this section can result in said approval being revoked by Antrim
Township.
(j)
The Board of Supervisors of Antrim Township, upon receipt
of an application timely filed, shall review said application at its next
regularly scheduled meeting. After an examination of the application, the
Board of Supervisors will consider the suitability of the proposed premises
for the purpose, the character of the property adjacent thereto, the effect
of the proposed use on the surrounding properties, the environment, as well
as the health, welfare and safety of the citizens of the Township. Upon approval
of the application, the Board of Supervisors of Antrim Township shall stamp
the application approved. The name of the landfill owner and address of the
premises approved for use as a landfill shall be designated upon said approval.
Said approval shall be at all times conspicuously displayed and posted upon
the premises. Said approval issued by the Board of Supervisors is not transferable
or assignable.
(6)
Escape of municipal and residual waste. The landfill
shall prevent any municipal and residual waste, including the residue of said
waste, from blowing, leaking or otherwise escaping from the landfill onto
any public or private property in Antrim Township. In the event of a violation
of this section, in addition to any other penalties provided herein, the licensee
shall remove and/or clean any such refuse within 24 hours unless prevented
from doing so in an emergency caused by adverse weather conditions. If the
licensee shall be prevented from cleanup within 24 hours by adverse weather
conditions, the licensee shall have 24 hours after the weather condition is
clear to correct the problem.
(7)
Insurance required.
(a)
The landfill shall provide liability insurance in the
amount of $10,000,000 for claims of liability against the Township, the Board
of Supervisors, their employees, agents or representatives. However, the Board
of Supervisors may require the amount of the liability insurance to be increased
in order to prevent adverse effect upon public health and safety or public
wealth and the environment while the landfill is active and after closure.
(b)
Any cancellation of the landfill owner's insurance, either
in part or in total, shall be just cause for revocation of the approval issued
under this section.
(8)
Daily operation/responsibility. The landfill shall be
responsible for the cleanup and policing of all areas and adjacent properties
to which any materials are spread by natural or artificial means from said
municipal waste landfill site.
(9)
Inspection access.
(a)
The Township, or its designated agent, shall have the
right to enter the landfill site for the purpose of monitoring compliance
with this section without notice during normal operational hours, and shall
have the right to inspect during nonoperating hours upon 24 hours' advance
notice to the landfill.
(b)
Pursuant to the Municipal Waste Planning, Recycling and
Waste Reduction Act, 53 P.S. § 4000.101 et seq., certain employees
of Antrim Township have been certified as municipal inspectors to ensure that
municipal waste landfills are in compliance with the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq. Said employees are appointed and
authorized to enforce the Solid Waste Management Act and the Waste Reduction
Act and regulations promulgated pursuant to said acts on behalf of Antrim
Township.
(10)
Enforcement. The enforcement of this section shall be
pursuant to Chapter 118, Solid Waste.
[Amended 7-8-1997 by Ord. No. 246]
(11)
Nuisance. In addition to the enforcement remedies as
set forth in Article XXIV of this chapter, the Board of Supervisors of Antrim
Township hereby declares any accumulation of municipal or residual waste in
violation of this section to be a nuisance, and the Board of Supervisors shall
give written notice to the owner or owners of land upon which said waste is
deposited in violation of this section to remove or cause to be removed such
waste or to abate such nuisance, and upon failure of such owner or owners
to remove such waste or to abate such nuisance and a twenty-day period after
such notice to remove or abate the same, the Board of Supervisors may cause
said land to be entered upon and said waste removed and/or said nuisance abated
and may collect the costs of such removal and/or abatement from the owner
or owners of said lands.
(12)
Applicability of other laws. If this section is in conflict
with the Solid Waste Management Act, as amended, the Municipal Waste Planning,
Recycling and Waste Reduction Act, or the regulations promulgated pursuant
to said acts, then the section or act imposing the most stringent requirement
shall apply.
(13)
Definitions.
(a)
The definitions contained in the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S., § 4000.101 et seq., and regulations
promulgated pursuant to those acts, are applicable to this section.
(b)
In this section, the singular shall include the plural,
and the masculine shall include the feminine and neuter.
(c)
BOARD
LANDFILL
PRIME AGRICULTURAL SOILS
As used in this section, the following terms shall have
the meanings indicated:
The Board of Supervisors of Antrim Township.
Includes municipal waste and residual waste landfills.
Soils classified as "prime agricultural soils" in Plat Number 8 of
the Comprehensive Plan for Antrim and Greencastle, dated April 14, 1992, and
approved June 1 and June 9, 1992.
C.
Public parks (i.e., government-owned parks, local, state or federal)
shall be permitted subject to the following conditions:
[Added 8-12-2003 by Ord. No. 283]
(1)
The park is 10 acres or larger in size.
(2)
The park is constructed according to an approved subdivision
or land development plan.
(3)
The park is dedicated to the Township within three years after
approval of the subdivision or land development plan.
(4)
The park must be located entirely within the Township.
(5)
Stormwater facilities are not permitted as part of the park and
may not be dedicated to the Township.
(6)
Any other requirements in accordance with this chapter.
