Forty Fort City Zoning Code
PART 6
SPECIAL EXCEPTIONS
§ 27-601 Purpose.
[Ord. No. 2018-2, 11/5/2018]
The purpose of a use classified as a "special exception" is to provide expressed standards for regulating unique or special characteristics of certain uses which may otherwise allow such uses to be permitted by right within their respective zoning district, as provided in Part 5, Zoning District Regulations.
§ 27-602 General Provisions.
[Ord. No. 2018-2, 11/5/2018]
The authority for approving or denying applications for uses permitted by special exception shall be vested in the Zoning Hearing Board in accordance with the provisions contained in Part 14. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in § 27-1410, Subsection 2, the respective zoning district in which the use is located, all other applicable regulations of this chapter, including but not limited to supplemental standards as set forth in Part 8 of this chapter, other ordinances of Forty Fort Borough and any applicable state and/or federal regulations.
§ 27-603 Plans, Information and Procedures for a Special Exception Use.
[Ord. No. 2018-2, 11/5/2018]
Uses classified as a special exception shall be required to file a zoning permit application, an application for hearing before the Zoning Hearing Board, a copy of the deed to the property that includes the property identification number of the subject parcel, and a site plan drawn at a scale of not greater than one inch equals 50 feet for uses/developments located upon properties in excess of two acres; or one inch equals 20 feet for uses/developments located upon properties having dimensions of two acres or less. Such plan shall, at minimum, include:
1.
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
2.
The location of all off-street parking areas and/or loading and unloading areas.
3.
The location of all open space areas, including buffer areas and fencing, as applicable.
4.
Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes, and aisle widths.
5.
All streets, both public and private, within 100 feet of the site, including right-of-way and cartway widths.
6.
Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within 100 feet of the site.
7.
Any areas of the property that are subject to flooding including but not limited to the most recent boundaries of any FEMA-designated 100-year floodplains or flood-prone areas of the Borough.
8.
The location, nature and terms of any existing or proposed easements on the site, and any easements both on site and off site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement.
9.
A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Borough.
10.
Topography Data.
A.
In cases when a proposed use includes new construction and/or grading of the site, the applicant, in addition to compliance with the Borough Stormwater Management Ordinance,[1] shall provide upon the site plan the contours of the site at vertical intervals of:
(1)
Not more than five feet for land with an average natural slope of 5% or less.
(2)
Not more than 10 feet for land with an average natural slope exceeding 5%.
(3)
Not more than 20 feet for land with an average natural slope exceeding 15%.
[1]
Editor's Note: See Ch. 23, Stormwater Management.
B.
Topography data shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks.
11.
If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne County Conservation District.
12.
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site.
13.
The applicant shall supply any other information required by the Forty Fort Borough Zoning Hearing Board for determining the conformance of the special exception use with the applicable regulations for that particular use.
§ 27-604 Impact Analysis.
[Ord. No. 2018-2, 11/5/2018]
In considering an application for a special exception, the Zoning Hearing Board shall have the authority to require the applicant to prepare an impact analysis on a particular aspect of the subject application and/or potential effect of the subject application in relationship to surrounding properties in accordance with the definition of said term as provided within Part 2 of this chapter.
