A. Conditional uses in the Agricultural District shall be as follows:
(a) Shall comply with all State and Federal regulations.
(b) There shall be no flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside of the airport and located within the proposed approach zones.
(c) The glide path shall be a plane surface laid out in accordance with the operating characteristics of the aircraft for which the airport is designed. The first 500 feet of the glide path shall be wholly within the airport property.
(2) Campgrounds or recreational vehicle camps subject to the following conditions:
(a) There shall be a minimum of two (2) points of ingress and egress.
(b) All camps shall have a sewage disposal system and water supply approved by the Pennsylvania Department of Environmental Protection.
(c) Common open space. All campgrounds shall provide not less than twenty percent (20%) of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all campers.
(d) Park density. The park density shall not exceed fifteen (15) individual lots per gross acre.
(e) Setback. No trailer, tent, building, etc., shall be located closer than fifteen (15) feet to the park s exterior lot line.
(f) No camp site shall be permitted to have direct access to a public street.
(g) All camps and campgrounds shall comply with all applicable regulations of the commonwealth including, but not limited to, regulations covering food service, water supply, sewage disposal, bathing places, vector control, toilet facilities, sanitary stations, and garbage disposal.
(3) Commercial Communication transmitting and receiving facilities and towers subject to the following conditions.
(a) Antennae and accessory equipment shall not exceed a maximum height of thirty-five (35) feet above the top of a structure upon which it is located.
(b) Antennae and accessory equipment shall be located/placed on existing structures.
(c) Antennae and accessory equipment shall not be located on any residential structure.
(d) The applicant shall be required to submit to the Township evidence of the need for the communications tower and that all alternatives have been exhausted. Applicants are required to prove the need by providing evidence that existing towers can not accommodate this added use due to structural capacity, interference, or locational needs.
(e) All facilities shall be constructed in accordance with all State and Federal regulations.
(f) Communications towers may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.
(g) Facilities shall be removed within one (1) year from decommissioning. Upon written notice from the Township the facilities shall be removed. Failure to do so gives the Township the right to enter the property and remove such facilities at the expense of the property owner, including any and all legal costs incurred by the Township.
(h) A security fence and gate, of approved design, of not less than eight (8) feet high, including barbed wire at the top, shall completely enclose the communications tower and anchor locations of guy wire (if used). The gate shall be kept locked at all times.
(i) A minimum of one (1) parking space shall be required. Parking spaces shall be surfaced with a durable and dust free surface.
(j) Access shall be provided to the communications tower and communications equipment building by means of a public street or easement of a minimum of twenty (20) feet in width and shall be improved to a dust free surface of a minimum width of twelve (12) feet.
(k) The applicant shall submit a copy of its current Federal Communications Commission license: the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of one million dollars ($1,000,000) per occurrence and property damage coverage in the amount of one million dollars ($1,000,000) per occurrence covering the communications tower and communications antennas.
(l) No communications tower shall be located closer than five-hundred (500) feet from a school, any residential structure or from any, playground, ball field or other area used for active recreation.
(m) Setbacks shall be no less than the total tower height from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line.
(n) All such sites shall be properly maintained with grass mowed to a maximum height of eight (8) inches and shrubbery properly tended.
(o) In the event that the property is currently cultivated or in pasture, it may continue to be used for agricultural purposes.
(p) Financial Security in an amount deemed satisfactory by the Board to ensure no disturbances or interferences are generated as a result of such facility.
(5) Municipal waste landfills and residual waste landfills.
(a) General. Landfills must be conducted and maintained in such a manner as to ensure the health, safety and welfare of the citizens of Antrim Township.
(b) Location of landfills within the Township.
[1] Landfills shall not be located in an area with soils classified by the Soil Conservation Service as prime agricultural soils.
[2] A landfill shall not be located on property which has any creek, stream, run or any other free-flowing body of water within one-hundred (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.
[3] No part of the landfill shall be established within five-hundred (500) feet of any occupied dwelling.
[4] No landfill shall be established within three-hundred (300) feet of any building that is currently being occupied by people for periods in excess of five (5) hours per day.
[5] No landfill shall be established within one-hundred (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 one-hundred (100) feet on each side of the right-of-way.
[6] No part of a landfill shall be established within one-thousand five-hundred (1,500) feet of a water supply for domestic use.
(c) Buffer zones; fencing; planting.
[1] Buffer zone. There shall be a two hundred (200) foot buffer zone between the landfill and the adjoining properties.
[2] Plantings. Trees and/or shrubs shall be planted to screen the landfill from view and from adjacent rights-of-way. The plantings 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 (6) 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.
[3] Fencing. Fencing shall be as required by DEP rules and regulations.
(d) Hours of operation and dirt and debris from trucks.
[1] 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 11:00 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.
[2] 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.
(e) Conditional use landfill application approval required.
[1] 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.
[2] Said application shall contain the following information: name of the applicant and address for the past 5 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.
[3] 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.
[4] 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.
[5] If the applicant is a partnership or association, the applicant shall furnish the information required in Subsections (A)(5)(e)[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 (A)(5)(e)[1] and [2] above for each officer and director thereof.
[6] 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.
[7] A physical plan of the landfill drawn to scale shall be submitted with the application, including the following:
[a] 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.
[b] All streams, creeks, runs or other free-flowing bodies of water within 500 feet of any present landfill, all property lines within two-hundred (200) feet of the landfill, all buildings within four-hundred (400) feet of the landfill, all rights-of-way within two-hundred (200) feet of the landfill and all water supplies for domestic use within two-thousand (2,000) feet of the landfill.
[c] Proposed planting locations designed in compliance with Subsection (A)(5)(c)[2].
[d] 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.
[e] Stormwater management provisions.
[f] Interior road patterns identifying their relation to yard operation and points of ingress and egress onto state and Township roads.
[g] Source of water, if plans show use of water, and location of all monitoring wells.
[8] The applicant shall also submit to the Township a site plan showing the appearance of the site following termination of any landfill activity. Such plan must show:
[a] Final grading contours.
[b] Planned ultimate use and ownership, if known, of the site after termination of the landfill.
[9] A separate application is required for each landfill.
[a] 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 fifteen (15) business days prior to the next scheduled meeting of the Antrim Township Board of Supervisors at which said application is to be reviewed.
[b] The application shall have attached to the application form, in addition to these afore referenced approvals, comments and recommendations of Antrim Township Planning Commission, Antrim Township Zoning Officer, Antrim Township Solicitor, Antrim Township Administrator and the Franklin County Planning Commission.
[c] The comments and recommendations required in Subsections (A)(5)(e)[10][a] and [b] above, shall be obtained at the expense of the applicant and shall be submitted as required under Subsection (A)(5)(e)[10][a] and [b].
[11] Every prospective landfill shall pay an application fee and an application renewal fee in an amount as set forth from time to time by resolution of the Board of Supervisors. Said fees are to defray Township costs of administrating this section.
[12] Approvals shall be issued for a term of one calendar year.
[13] 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.
[14] 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.
(f) 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 twenty-four (24) hours unless prevented from doing so in an emergency caused by adverse weather conditions. If the licensee shall be prevented from cleanup within twenty-four (24) hours by adverse weather conditions, licensee shall have twenty-four (24) hours after the weather condition is clear to correct the problem.
[1] The landfill shall provide liability insurance in the amount of ten-million dollars ($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 welfare and the environment while the landfill is active and after closure.
[2] 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.
(h) 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.
[1] 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 twenty-four (24) hours advance notice to the landfill.
[2] 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.
(j) Enforcement. This section shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than one-thousand ($1,000) or by imprisonment for a term not exceeding ninety (90) days. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.
(k) Nuisance. In addition to the enforcement remedies as set forth in Article XV 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 land.
(l) 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.
[1] 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.
[2] In this section the singular shall include the plural and the masculine shall include the feminine and neuter.
(6) Prisons, detention centers, jails and correctional institutions provided that such facilities are located a minimum of one-thousand (1,000) feet from any adjoining zoning district boundary, schools, daycare centers, nursing homes, hospitals, geriatric centers and residential uses.
(7) Public schools, private schools, and daycare centers.
(8) Recreational facilities and recreational organizations subject to the following conditions:
(a) All exterior lighting shall be shielded from adjacent properties.
(b) Along all property lines adjacent to a residential use, screening shall be provided as defined in this chapter.