Foster Township City Zoning Code
ARTICLE VI
Special Exceptions
§ 255-601 Purpose.
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 Article V, Zoning District Regulations.
§ 255-602 General provisions.
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 Article XV. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in § 255-1510B, 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 Article VIII of this chapter, other ordinances of Foster Township and any applicable state and/or federal regulations.
§ 255-603 Site plan.
A.
Uses classified as a special exception shall file, in addition to a zoning permit application and an application for hearing before the Zoning Hearing Board, a site plan at a scale of not greater than:
(1)
One inch equals 50 feet for uses/developments located upon properties in excess of two acres; or
(2)
One inch equals 20 feet for uses/developments located upon properties being two acres or less.
B.
The subject applications must be signed by both the applicant and the landowner, regardless of any equitable interest or other documentation held by the applicant. Failure to provide an application bearing both signatures will be deemed to be an incomplete submission and shall represent a basis for denying the application.
C.
Such site plan shall provide as applicable information required for the Zoning Hearing Board to render a decision, including but not limited to the following:
(1)
Copy of the deed to the property.
(2)
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
(3)
The location of all off-street parking areas and/or loading and unloading areas.
(4)
The location of all open space areas, including buffer areas and fencing, as applicable.
(5)
Traffic access to the site and internal traffic circulation, including the width and pavement of traffic lanes, and aisle widths.
(6)
All streets both public and private within 200 feet of the site, including right-of-way and cartway widths.
(7)
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 200 feet of the site.
(8)
Any areas of the property that are subject to flooding, including but not limited to the boundaries of any FEMA-designated 100-year floodplains, based upon the most recent Flood Insurance Rate Maps (FIRM) for the Township.
(9)
The location, nature and terms of any existing or proposed easements on the site.
(10)
The map, block and lot number of the subject parcel, as contained in the records of the office of the Luzerne County Recorder of Deeds.
(11)
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 Township.
(12)
New construction or grading.
(a)
In cases when a proposed use includes new construction and/or grading of the site, the applicant, in addition to compliance with Chapter 192, Stormwater Management, of the Code of the Township of Foster, 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%.
(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 USGS bench marks.
(13)
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.
(14)
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.
(15)
The applicant shall supply any other information required by the Foster Township Zoning Hearing Board for determining the conformance of the special exception use with the applicable regulations for that particular use.
§ 255-604 Impact analysis.
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 Article II of this chapter.
