Bellefonte City Zoning Code
ARTICLE XII
Conditional Uses
§ 575-50 Conditional use criteria.
A.
Application requirements.
(1)
A potential applicant for a conditional use permit shall request a conference with the Zoning Officer prior to application submission. The Zoning Officer may recommend that the applicant request a conference with the Planning Commission prior to application submission.
(2)
A preapplication conference shall not be regarded as a formal application for the proposed conditional use. The filing of any report, sketch plan, plat or map prior to or at such conference shall not constitute submission of a plan or application for conditional use, nor shall such materials be binding on subsequent submissions by the applicant.
(3)
An application for conditional use shall meet all content requirements of a preliminary land development plan. In addition, the applicant shall provide a copy of all proposed, pending and/or approved federal or state permits necessary for the conduct of operations. The municipality may require additional site-specific information necessary for a thorough review of the application.
(4)
The required filing fee for conditional use application review and hearing will be specified by municipal resolution. This fee may from time to time be amended by municipal resolution.
B.
Application procedures.
(1)
Following the required preapplication conference, the applicant shall present to the municipality a complete application submission as per the guidelines set forth in the application requirements section above and shall appear before the municipal governing body to request that a public hearing be set on the application. Upon this request, the municipal governing body shall establish the date, time and place for a public hearing. The public hearing shall be held no later than 60 days following the meeting at which the municipal governing body receives the request, unless the applicant has agreed, in writing, to an extension of time.
(2)
The Planning Commission shall review the application at the next legally advertised regular meeting following the receipt of the application from the municipal governing body or at a meeting specially called for this purpose and shall make a recommendation to the municipal governing body prior to the public hearing.
(3)
The applicant shall provide public notice, as defined by the Pennsylvania Municipalities Planning Code, concerning the public hearing for the proposed use.
(4)
In addition to the public hearing notice, the applicant shall provide, via certified mail, a written notice to the owners of all property within 1,500 feet of the site proposed for conditional use. Copies of the certified mail return receipts shall be provided to the municipality by the applicant.
(5)
The municipal governing body shall render a written decision on the application within 45 days after the last hearing before the municipal governing body. The municipal governing body may approve the request for a conditional use permit or may deny the request for a conditional use permit with a specific list of reasons for such denial. The municipality shall mail written notification of the governing body's action, including the specific list of reasons for denial, if applicable, to the applicant within five days of said action by the governing body.
§ 575-51 Communications towers.
A.
Intent. The following conditions are intended to provide for the siting and operating of communications towers within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects. Further, these regulations are intended to achieve the following:
(1)
To provide a competitive and wide range of communications services while minimizing the impacts of the communications infrastructure.
(2)
To require the shared use of existing communication towers, buildings and structures.
(3)
To ensure that new towers will be safe, placed in suitable locations, and blend into the environment to the greatest extent practicable.
(4)
Legally preexisting towers and antennas will not be required to meet the following requirements unless specifically indicated.
B.
General site requirements.
(1)
Maximum height of communications towers shall be 200 feet, measured from the average natural grade of the approved facility area to the top point of the tower or antenna, whichever is greater, except for locations above elevation 1,400 feet as shown on United States Geological Survey Topographic Quadrangle mapping, in which case the maximum height shall be 50 feet or the average height of the trees within a two-hundred-foot radius of the proposed location of the tower, measured from the average natural grade of the approved facility area to the top point of the tower or antenna, whichever is greater.
(2)
The tower and/or antenna must be of a concealed, camouflaged or stealth design that blends into the natural environment. This includes tree poles or architecturally screened antennas that can be attached to existing structures other than towers. Except as required by the Federal Aviation Administration (FAA), lighting shall be prohibited from these concealed towers and/or antennas.
(3)
Minimum setback of communications towers shall be as required in the applicable zoning district, except for the following: No communications tower shall be located closer than 200 feet or 110% of the proposed communications tower height, whichever is greater, from any existing residential lot line, regardless of the zoning district in which the tower and associated buildings are located. No new residential structures shall be built within this setback area after the cell tower has been approved and the plan recorded. In cases where this includes adjacent property, an easement shall be obtained from the property owner limiting residential development within the setback area as long as the tower is in existence.
(4)
No minimum lot, lease area and/or license area size is required for a communications facility; however, the setbacks of the parent tract perimeter boundaries shall apply.
(5)
Applicants shall submit to the municipality evidence of the need for the communications tower in the proposed location and that the applicant has exhausted all alternatives to locate on an existing tower or structure. Applicants shall also demonstrate via written evidence from a qualified, licensed and professional engineer that, in terms of location and construction, there are no existing towers, communications towers, buildings, structures, elevated tanks or similar uses able to provide the platform for the communications antenna within a one-mile radius of the chosen location.
(6)
In order for the applicant to demonstrate that co-location is not a practicable alternative, coverage diagrams and technical reports shall be submitted to the municipality which demonstrate that:
(a)
Co-location on existing communications towers is not technically possible in order to serve the need;
(b)
Planned equipment would exceed the structure capacity of existing communications towers within the municipality, considering existing and planned use of the communications tower;
(c)
Existing communications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;
(d)
Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for that communications tower, and the interference cannot be prevented at a reasonable cost; or planned equipment can be placed so it can function effectively and at least in parity with existing or approved communications towers which do not have the space on which other similar equipment is in place or planned; or
(e)
Other reasons make it impractical to place the equipment planned by the applicant on existing and approved communications towers.
(7)
Communications antennas may be attached to any building or structure in all zoning districts, including, but not limited to, a church, a municipal or governmental building or facility, an agricultural building, a building owned by a utility, communications tower, water tank and major electrical transmission lines, pursuant to the following:
(8)
Any proposed communications tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet but less than 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(9)
A communications tower may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.
(10)
The applicant shall present documentation that the communications tower is designed in accordance with all applicable state and federal regulations.
(11)
Guy wires, if utilized, must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach on any utility rights-of-way.
(12)
Except as required by the Federal Aviation Administration, no communications tower may use artificial lighting or strobe lighting at night.
(13)
Upon request, the applicant shall provide to the municipality, not more than once per year, information indicating that the approved communications tower or antenna remains structurally sound. The applicant shall bear the costs of any inspection necessary to determine the structural soundness of a communications tower or antenna.
(14)
All federal, state and local environmental regulations regarding the placement and operation of communications facilities must be followed in the design, review and construction, and operation processes.
(15)
All federal, state and local permits required for the siting and operation of communications towers, antennas and facilities shall be provided to the municipality for review.
(16)
Communications facilities shall be fully automated and unattended on a daily basis. The site shall be visited only for necessary observation and maintenance.
(17)
Fencing and screening of facilities shall be required. A security fence (including security wiring), of approved design, shall not exceed eight feet in height and shall completely enclose the communications facility and the anchored locations of guy wires, if used.
(18)
No signs displaying commercial advertisement shall be permitted on the communications tower or antenna.
(19)
The applicant must demonstrate on the land development plan that parked vehicles at the facility will not impede traffic on the adjoining cartways.
(20)
Communications facilities that cease to operate for 12 consecutive months shall be determined to have terminated operation and must be removed within 90 days at the expense of the facility and/or property owners.
(21)
Site-specific conditions. The municipal governing body may impose other conditions not listed above as are shown to be necessary and appropriate to protect the public health, safety and welfare, provided that those conditions do not preclude the reasonable conduct of communications tower and antenna siting and operations within the Nittany Valley Region.
§ 575-52 Mining, quarrying and mineral resource processing facilities.
A.
Intent. The following conditions are intended to provide for the reasonable development of minerals within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the mining or quarrying operation will occur against possible detrimental effects of the mining operations.
B.
Buffer requirements. Mining and quarrying sites shall be located and buffered in such a manner as to minimize the noise-related impacts associated with the operation. The options set forth below allow flexibility for the applicant to select criteria best suited for a given operation while providing the municipality with the opportunity to ensure a reasonable level of protection against possible negative impacts. An applicant for a conditional use permit shall employ either set of the following conditions:
(1)
Option 1. The buffer requirement of Option 1 consists of a landscaped soil berm.
(a)
The required berm shall have a total height of not less than six feet.
(b)
Where there is a difference in elevation on opposite sides of the berm, the height shall be measured from the highest elevation.
(c)
To accommodate the required landscaping, the berm shall be constructed of earthen materials, shall be a minimum of 25 feet in width, and shall be stabilized with topsoil and grass and/or other suitable vegetative ground cover.
(d)
The top of the berm shall be landscaped to provide additional noise attenuation. The landscaping shall consist of the following:
[1]
A minimum of one row of coniferous trees shall be planted. The required trees shall be spaced no less than 10 feet and no more than 15 feet apart on center. The trees shall be a minimum of six feet in height at the time of planting. Due to varying tree spread patterns and hardiness in the local environment, the required trees shall be a variety of spruce or fir to ensure that the noise-attenuation effects are maximized.
[2]
One row of evergreen shrubs shall be planted and shall be spaced at an interval of not more than five feet, though not evenly spaced across as screen width. The shrubs shall be at least three feet tall at the time of planting.
(e)
The berm requirements may be modified or waived by the municipality for that portion of the site which has natural geologic conditions, features and resources which would serve the same objectives as the soil berm and which, in the opinion of the Municipal Engineer, should not be disturbed by the berm construction.
(f)
In combination with the above berming requirements, the following setback distance requirements shall apply:
[1]
Mining or quarrying activities shall not occur within 100 feet of land zoned or used other than HI Heavy Industrial.
[2]
Mining or quarrying activities shall not occur within 100 feet of a public road right-of-way.
[3]
Mining or quarrying activities shall not occur within 300 feet of any residential dwelling unit unless the applicant obtains written permission of the property owner(s) consenting to the operation.
[4]
Mining or quarrying activities shall not occur within 500 feet of any public building, public park or other public institution unless the governing body having jurisdiction over the site has consented to the operation.
[5]
Mining or quarrying activities shall not occur within 750 feet of any structure listed on the National Register of Historic Places.
[6]
Mixing plants, crushers and other processing mechanisms on the site shall not be located within 1,000 feet of any residential dwelling unit unless the applicant obtains written permission of the property owner(s) consenting to operation. In order to minimize noise and traffic impacts, processing mechanisms shall, if practicable, be located on the site. All processing mechanisms shall be located at the lowest practicable site elevation.
(2)
Option 2. The criteria set forth in Option 2 are designed to be utilized in the instance where the applicant for a conditional use permit elects against the berming provisions included in Option 1 above or if, for any other reason, the berming provisions included in Option 1 above are not employed. The conditions outlined in Option 2 consist of a dense vegetative buffer.
(a)
Series of trees.
[1]
The required buffer will consist of a series of coniferous trees and deciduous canopy trees to be planted within a thirty-foot-wide buffer area according to the following schedule:
Required Plant Units per 100 Feet | ||
|---|---|---|
Type | Number | |
Coniferous | 24 | |
Canopy | 10 | |
[2]
Twenty percent of the coniferous trees shall be a minimum of eight feet in height at the time of planting. The remainder of the coniferous trees shall be a minimum of six feet in height at the time of planting. All canopy trees shall be a minimum of six feet in height at the time of planting.
(b)
Due to varying tree spread patterns and hardiness in the local environment, the required coniferous trees shall be a variety of spruce or fir to ensure that the noise attenuation effects are maximized.
(c)
In combination with the above landscape buffer requirements, the following distance requirements shall apply:
[1]
Mining or quarrying activities shall not occur within 200 feet of land zoned or used other than HI Heavy Industrial.
[2]
Mining or quarrying activities shall not occur within 200 feet of a public road right-of-way.
[3]
Mining or quarrying activities shall not occur within 1,500 feet of any residential dwelling unit unless the applicant obtains written permission of the property owner(s) consenting to the operation.
[4]
Mining or quarrying activities shall not occur within 1,500 feet of any public building, public park or other public institution unless the governing body having jurisdiction over the site has consented to the operation.
[5]
Mining or quarrying activities shall not occur within 1,500 feet of any structure listed on the National Register of Historic Places.
[6]
Mixing plants, crushers and other processing mechanisms on the site shall not be located within 1,500 feet of any residential dwelling unit unless the applicant obtains written permission of the property owner(s) consenting to operation. In order to minimize noise and traffic impacts, processing mechanisms shall, if practicable, be located on the site. All processing mechanisms shall be located at the lowest practicable site elevation.
(3)
The following conditions shall apply to both Option 1 and Option 2:
(a)
Installation and maintenance along perimeter.
[1]
At a minimum, the operator shall install and/or maintain the required buffer along the perimeter of the visible portion of the area to be operated. This portion shall be defined as any part of the site visible from any adjacent parcel or any adjacent public right-of-way. An exception to this requirement may, at the request of the applicant, be granted by the municipal governing body when the following apply:
[2]
In order to maintain the integrity of the buffer, if such a request is approved, the buffering requirements shall extend to the entirety of the existing site.
(b)
In order to maximize noise attenuation, the buffer shall, to the greatest extent practicable, be located within a fifty-foot zone nearest to the adjacent property or public right-of-way from which the specified distance requirements have been measured.
(c)
Prior to planting of any required landscaping, the applicant shall provide evidence of a soils test to determine soil suitability to sustain the required landscaping and to determine any necessary soil supplements or remedies.
(d)
Alternative designs for buffering may be approved if the applicant can show, through the submission of a comprehensive noise study, that the alternative designs are at least as effective in controlling noise-related impacts.
(e)
All required buffering shall be installed prior to commencement of operations.
(f)
Adequacy of the buffer shall be determined by the Zoning Officer and the Municipal Engineer.
(g)
Site-specific exceptions to the buffering requirement shall be available for vehicular access, public and other infrastructure improvements (including drainage systems), maintenance requirements and safety considerations. The nature and location of such exceptions shall be approved by the Zoning Officer and the Municipal Engineer.
(h)
The operator shall provide a bond or other acceptable security in the amount of 100% of the cost of improvements for approved buffering, which will be returned after the improvements have been satisfactorily installed and have been in place for one year. Acceptability shall be determined on advice of the Municipal Solicitor. Adequacy as to amount shall be determined by the Municipal Engineer.
C.
Reclamation.
(1)
All proposed, pending and/or approved reclamation plans required by any governing body or regulatory agency shall be submitted to the municipality for review and consideration prior to issuance of a conditional use permit.
(2)
The operator will provide a bond or other acceptable security to ensure that land will be reclaimed in accordance with the approved reclamation plan.
(3)
In order to minimize additional adverse impacts to adjacent properties, when any mining or quarrying operation (including legally nonconforming operations) expands into an area governed by the provisions set forth in this chapter, efforts should be made by the operator, to the greatest extent practicable, to commence reclamation activities on the existing mined or quarried portion of the site. Completed areas should be resurfaced and restored in accordance with approved reclamation plans prior to or concurrent with the commencement of extraction activities in an undisturbed area.
(4)
The applicant shall provide a bond or other acceptable surety, in an amount determined to be acceptable by the Municipal Engineer, to cover the costs of repairs to any municipal roads to be used by the applicant or by other haulers to and from the site. The amount of said bond or surety shall be reviewed annually, and any unused portion shall be returned to the applicant within one year after the site is no longer in use.
D.
Monitoring.
(1)
Timing. Unless the uses and conditions prescribed in a conditional use permit are implemented within a maximum period of two years of the issuance of all permits required by any federal or state agency having regulatory authority over the conduct of such uses, the conditional use permit shall expire. Evidence of receipt of all necessary permits shall be provided to the municipality. The municipal governing body may grant a maximum extension of one year under exceptional circumstances.
(2)
Discontinuation of use. Discontinuation of any nonconforming operation for a period of more than one year shall result in the loss of vested status for that operation. "Discontinuation" is defined as the cessation of excavation or processing of material.
(3)
Inspection. The municipality shall conduct an annual inspection to ensure compliance with all approved conditions. An inspection fee may be set by the municipal governing body by resolution.
(4)
Blast notification. The applicant shall maintain a blast notification list for anyone who requests notification and who owns, resides on or has a business interest in property located within, at a minimum, a radius of one mile around the site. Notification shall be provided at least 24 hours prior to blasting. The applicant shall provide an up-to-date blast notification list for municipal review at the time of annual inspection.
(5)
Preblast survey. Prior to the issuance of a conditional use permit, the applicant shall provide documentation of the condition of buildings, structures, wells, infrastructure, protected and unique natural resources and historic sites located within 1,500 feet of the proposed site. Adequacy of the survey shall be determined by the Municipal Engineer. Any preblast surveys required by any federal or state agency subsequent to the issuance of a conditional use permit shall be provided to the municipality.
(6)
Explosives storage. No explosive materials may be produced or stored on site in any manner that is potentially endangering to surrounding properties.
(7)
Landscaping. The municipality shall require that the applicant submit an annual survey of the health of all required landscaping. This survey shall be required in each of the first two years after planting. The applicant shall replace any trees not surviving as of the date of each survey.
(8)
Modification of conditions. No approved conditional use shall be modified or expanded in ground area unless the plan is amended and approved in accordance with procedures applicable to initial approval of the conditional use permit.
E.
Other conditions.
(1)
Operational conditions. To further protect the health, safety and welfare of adjacent property owners, the following conditions shall also apply:
(a)
Hours of operation. The hours of operation at any site may be limited as the municipal governing body deems advisable.
(b)
Dust mitigation. A dust-mitigation plan shall be provided. Dust and debris from any mining and quarrying operation shall not be permitted to accumulate within the right-of-way of any public road. Adequate applicable technology shall be employed on the site to prevent any dust and/or materials from being washed and/or blown from the site. Adequacy of the dust-mitigation plan shall be determined by the Municipal Engineer.
(c)
Environmental impact analysis. The applicant shall provide an environmental impact analysis to address the following: watershed impacts, surface water and/or groundwater resource impacts, air quality impacts and erosion, sedimentation and stormwater impacts. Adequacy of the analysis shall be determined by the Municipal Engineer. The applicant shall provide any environmental impact reports, statements or analyses that are required by any federal, state or county governing body or regulatory agency having jurisdiction over the conduct of mining and quarrying operations. The applicant will be required to demonstrate that the proposed project will not substantially injure or detract from the lawful existing or permitted uses of neighboring properties, will not injure any water supply sources, and will not adversely affect any fragile environmental system of particular significance.
(d)
Stockpiles. No material stockpiles shall be located within 200 feet of the property line nor within 300 feet of a public right-of-way. Any materials or wastes deposited on any stockpile shall be prevented from washing, blowing or otherwise transferring off the premises. Such stockpiles shall contain extracted material from the on-site mining operation only.
(2)
Site-specific conditions. The municipal governing body may impose other conditions not listed above as are shown to be necessary and appropriate to protect the public health, safety and welfare, provided that those conditions do not preclude the reasonable development of minerals within the Nittany Valley Region. Such conditions may include, but are not limited to:
(a)
Development phasing schedule. The municipal governing body may impose conditions related to the phasing of mining and quarrying activities as it deems necessary to protect public health, safety and welfare.
(b)
Open space dedication. The municipal governing body may impose conditions related to the provision of open space in order to implement the land use goals of the Nittany Valley Regional Comprehensive Plan.
(c)
Fencing and screening. The applicant shall provide details showing any fencing and/or screening proposed to be located on the site. The municipal governing body may impose fencing and/or screening conditions as it deems necessary to protect public health, safety and welfare. At a minimum, the applicant shall provide a fence at least six feet in height around the perimeter of the mining operation.
(d)
Lighting. The applicant shall provide details showing the height, number, types and location of any fixtures proposed to be located on the site. All lighting shall be directed away from adjacent properties and/or adjacent streets. The municipal governing body may further impose lighting conditions as it deems necessary to protect public health, safety and welfare.
(e)
Public facilities and services. The applicant shall provide evidence that the proposed project will not adversely affect the logical, efficient and economical extension of public facilities and services throughout the municipality and the Nittany Valley Region.
§ 575-53 Solid waste disposal sites, incinerators and recycling facilities.
A.
Intent. The following conditions are intended to provide for the siting and operating of solid waste disposal and/or recycling facilities within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects.
B.
Buffer requirements. The following buffer requirements apply to all solid waste disposal sites, incinerators and/or recycling facilities. The buffer requirements are applicable to all roads, dwelling units, and/or structures in existence at the time that application has been made to the municipality.
(1)
All sites shall be screened from all adjacent streets and all adjacent property by a sight-obscuring fence or wall of no less than seven feet in height.
(2)
No portion of any parcel of land on which any solid waste disposal facility, incinerator or recycling facility is sited may be closer than:
(a)
Two thousand five hundred feet from any public or private school or hospital;
(b)
Two thousand feet from any public or private water well which is used for human or animal consumption;
(c)
One thousand five hundred feet from any church, public library, public park or trail, or any other public facility;
(d)
One thousand five hundred feet from any surface water body;
(e)
Two thousand feet from any residential dwelling unit; and
(f)
Five hundred feet from any public road.
C.
Traffic impact analysis. The applicant shall submit a traffic impact study prepared by a qualified professional. The scope of said study shall be determined by concurrence between the Municipal Engineer and the Zoning Officer and shall include, at a minimum, the following:
(1)
Analysis and description of existing conditions and traffic volumes for the external road network serving the site.
(2)
A base condition analysis shall be prepared to establish existing levels of service followed by analysis and description of projected traffic conditions based on the land uses proposed within the development. Trip generation rates for project peak hours shall be prepared, as well as the internal/external trip distribution and intersection analysis.
(3)
The analysis shall address the traffic impacts of the proposed development along with surrounding traffic-generating land uses in the area, including land use changes. The analysis will demonstrate the adequacy of the area road network and identify access and traffic control measure improvements impacted by the proposed development and surrounding land uses.
(4)
The analysis shall contain recommended internal and off-site road improvements. These recommended improvements should be specific as to location and scope of work required along with a phased schedule for possible implementation.
(5)
Utilization of alternate modes of transportation (e.g., rail) shall be a component of the traffic impact analysis. Evaluation of traffic-mitigation measures as it relates to alternative transportation and future site development should also be addressed.
D.
General site requirements.
(1)
The applicant shall provide a bond or other acceptable surety, in an amount determined to be acceptable by the Municipal Engineer, to cover the costs of repairs to any municipal roads to be used by the applicant or by other haulers to and from the site. The amount of said bond or surety shall be reviewed annually, and any unused portion shall be returned to the applicant within one year after the site is no longer in use.
(2)
An environmental assessment plan shall be provided to identify and mitigate impacts of the proposed development on the environment, public health, and public safety, including, but not limited to, aesthetics, air quality, water quality, stream flow, fish and wildlife, nuisance management, dust control, litter control, plants, aquatic habitat, threatened or endangered species, water uses, and land use. Proof of environmental impairment liability insurance may be required. Consideration should be given to the minimization of land disturbance activities within an exceptional value (EV) or high quality (HQ) subwatershed or other areas of environmental concern.
(3)
A mitigation plan shall be submitted to identify procedures for the removal of any mud, dust or debris on any public road from the traffic entering or exiting the site. All mud, dust or debris shall be kept off the public road and adjoining lands.
(4)
An illumination plan shall be required. Lighting on the site shall use full cutoff fixtures with shielding in appropriate areas to limit spillover onto adjacent properties.
(5)
A site security plan shall be required.
(6)
The applicant shall be required to secure all necessary federal, state and/or local permits. All materials, including but not limited to those associated with permits, submitted to any federal, state or local governing body or regulatory agency shall also be submitted to the municipality for review, comment and, if applicable, approval.
(7)
Any suspension or revocation of any necessary federal or state permit shall constitute an automatic suspension or revocation of the conditional use permit.
(8)
Inspection. All solid waste disposal, recycling or incinerator establishments shall permit code enforcement officers to inspect the premises at any time without advance notice during normal business hours.
(9)
The municipal governing body may impose other site-specific conditions as it deems necessary to protect public health, safety and welfare.