Gregg Township Centre County
City Zoning Code
City Zoning Code
PART 4
SUPPLEMENTARY REGULATIONS FOR SELECTED USES
§ 15-401 Prohibited Uses.
[Ord. 05-01-01, 5/7/2001]
Any use not expressly allowed in any district shall be prohibited. If an individual desires to undertake an activity not expressly allowed, he may request the Township Supervisors to consider amending the chapter to permit such a use.
§ 15-402 Dwelling Units.
[Ord. 05-01-01, 5/7/2001]
1.
All dwelling units, including seasonal structures, single-family, two-family, and multiple-family units shall adhere to the requirements set forth below. In addition to the other requirements hereunder, and all other applicable Township rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Every dwelling shall be placed upon, and firmly anchored to a permanent foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be so constructed as to leave no open spaces between the building and the foundation, except for windows or other openings as might be necessary for floodproofing.
B.
Every dwelling unit which is to be located in a Floodplain District shall comply with all applicable district regulations in Part 3, and elsewhere in this chapter, and with the Gregg Township Floodplain Management Ordinance [Chapter 3], and with all other applicable state, federal and local regulations.
C.
Every dwelling unit shall provide a minimum of 720 square feet of living area.
D.
Only one dwelling unit per lot shall be allowed, except where provision is made herein for duplexes, farm related manufactured housing, multiple-family dwellings, and similar uses.
§ 15-403 Manufactured Housing on Individual Lots.
[Ord. 05-01-01, 5/7/2001]
1.
A manufactured home may be allowed on an individual lot only as set forth in Part 3, or as a temporary use as set forth in § 15-432, below. When reviewing applications for such proposals, the following criteria shall be utilized and additional information may be required to be submitted where the approving agency feels it necessary in order to adequately protect the health, safety and welfare of the Township residents. In addition to the other requirements hereunder, and all other applicable Township rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Every lot to be used for the placement of a manufactured home shall have a gross area at least equal to the minimum lot size of the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements, and the side and rear yard requirements.
B.
Every manufactured home must be placed on a foundation. One of the following types of foundation must be utilized: (See also Subsection 1C and D.)
(1)
Permanent Foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such a foundation shall be constructed to leave no unnecessary open space between the manufactured home and the foundation, except for windows, or other openings as might be necessary for floodproofing.
(2)
Stand or Pad. A pad or stand, properly graded, placed and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons may be utilized, particularly in situations where a permanent foundation is not practical or a temporary foundation is desirable.
C.
Every manufactured home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The manufactured home foundation shall be provided with anchors and tie-downs, such as cast-in-place "deadman" eyelets embedded in concrete or runways, screw augers, or arrow head anchors. The anchoring system shall be designed to successfully resist a maximum wind velocity of at least 90 miles per hour.
D.
Each manufactured home shall have a continuous wall around its entire perimeter at the foundation level. The wall shall be constructed in accordance with one of the following methods:
(1)
Permanent Wall. A permanent wall may be constructed of either concrete or masonry and shall extend from the unit floor system to the concrete footing below the subgrade frost line; i.e., an extension of a permanent foundation.
(2)
Skirting. If a masonry wall is not used, each manufactured home shall be encircled with skirting designed to complement its appearance. Skirting shall include materials which have been prefabricated for that specific purpose or other impervious, moisture resistant materials. Skirting shall not include bales of hay, straw, interior plywood or paneling, unfinished woods, or like materials. Skirting must be used when a pad or stand is used as a foundation.
E.
Access to the crawl space created by the installation of the wall as set forth in Subsection 1D above shall be provided by means of a door or panel capable of being locked.
F.
Every unit to be used as a dwelling unit must contain a minimum of 720 square feet of living area.
§ 15-404 Conversion Apartments and Duplexes.
[Ord. 05-01-01, 5/7/2001]
1.
In addition to the other requirements hereunder, and all other applicable Township rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Conversion of a single-family dwelling to a dwelling plus an apartment or to two separate dwellings, shall be limited to two dwelling units per structure.
B.
The lot area per dwelling unit shall not be less than 1/2 of the lot area required for a single-family detached home in the district in which such conversion is proposed.
C.
Adequate water shall be provided. On-site or suitable off-site sewage treatment shall be provided which is capable of treating the sewage effluent from the two dwelling units created. A sewage permit confirming that such a system(s) can and will be installed shall be presented to the Zoning Officer as a part of the zoning permit application.
D.
The yard, height, and other applicable requirements for the district in which the conversion is located shall be strictly adhered to.
E.
All other applicable provisions of this chapter shall apply.
§ 15-405 Multifamily Dwellings.
[Ord. 05-01-01, 5/7/2001]
1.
Multifamily dwellings are allowed only in those zoning districts specified in Part 3, and then only as conditional uses. Every such of Gregg Township. All plans and proposals for multifamily dwellings shall be prepared and presented as applications for a conditional use. In addition to the other requirements hereunder, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Definition. For the purposes of this chapter, a multifamily dwelling shall be defined as a single structure designed for and constructed to contain three or more dwelling units.
B.
Site Plan Specifications. Application for a permit for a multifamily dwelling shall require the submission of three copies of a site development plan to the Township Secretary, as set forth herein in the section on procedures (see Part 9). Such plans shall be either black and white or blue and white prints and shall be drawn to a scale no greater than one inch equals 50 feet.
C.
Design Standards.
(1)
Minimum Lot Area. Each lot on which a multifamily dwelling is to be placed shall have a gross area at least equal to the minimum lot size for the district in which it is located. In the Residential Districts, an additional 2,000 square feet of lot area for each dwelling unit in the structure shall be provided.
(2)
Traffic Access and Parking Facilities. All new streets and access drives shall be designed and constructed in accordance with the road standards set forth in the Township's ordinances, including the provisions of this chapter. All multifamily structures, or structures within a multifamily housing development, must access directly onto a public street or a street in the internal road system of the development. Parking facilities, consisting of no less than 2.5 parking spaces per dwelling unit, shall be provided on the site. These spaces need not be enclosed.
(3)
Sewage and Water Facilities.
(a)
Adequate sewage and water facilities must be provided by the developer. Disposal shall be by on-site disposal system, (or suitable off-site system), approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply. The water supply must be adequate for fire protection.
(c)
Appropriate permits from state agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
(4)
Solid Waste Collection and Disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such methods are not deemed sufficient by the Board of Supervisors, then an alternate means shall be presented by the applicant.
(5)
Drainage Control Requirements. All plans for multifamily structures shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans must also indicate where the drainage is to be ultimately channeled. The runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the pre-development runoff rate. Runoff may not be channeled into sinkholes.
(6)
Grading and Landscaping. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover, shrubs or trees as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required.
(7)
Maximum Density. A multifamily dwelling hereunder shall not exceed the maximum density of dwelling units per acre allowed for single-family detached dwellings in the district in which it is located.
§ 15-406 Multifamily Housing Developments.
[Ord. 05-01-01, 5/7/2001]
1.
Multifamily housing developments may be allowed only in those districts as set forth in Part 3 and then only with approval as conditional uses. As such, all plans and proposals for multifamily housing developments shall be prepared and presented to the Planning Commission. In addition to the other requirements hereunder, and all applicable Township ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable ordinances, the more stringent requirement shall apply.
A.
Definition. For the purposes of this chapter, a multifamily housing development shall be defined as a residential development consisting of more than one multifamily dwelling structure, or more than one townhouse-like building.
B.
Site Plan Specifications.
(1)
Application Submission Procedure. Application for a permit for a multifamily housing development shall require the submission of three copies of a site development plan to the Township Secretary, as set forth herein in the Part on procedures (See Part 9). Such plans shall be either black and white or blue and white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
(2)
Plan Specifications. Said plans as submitted to the Township are required to show all structures, roadways, paths, walkways, parking areas, recreation areas, utility and exterior lighting installations, and landscaping on the site, drainage facilities, all existing structures and usages within 200 feet of the site boundaries, methods of sewage disposal and water supply, erosion and sedimentation control plan, and any other elements that may be deemed essential by the Township.
C.
Design Standards.
(1)
Minimum Parcel Area and Gross Density. A multifamily housing development in the Residential District shall have a minimum gross area of four contiguous acres of land suitable for development.
(2)
Maximum Density. A multifamily housing development or manufactured housing park shall not exceed the maximum density of dwelling units per acre allowed for single-family detached dwellings in the district in which it is located.
(3)
Traffic Access. Proposed site accessways must be adequate for the expected volume in traffic, without being excessive in number. Accessways must be adequate in width, grade, alignment and visibility. Accessways may not be located too near existing street corners or intersections, entrances to schools, or places of public assembly. If the proposed plan fails, in the opinion of the Board of Supervisors, to successfully meet these criteria, approval of the plan may be denied, or withheld, until the plan is modified to the satisfaction of the Board of Supervisors.
(4)
Circulation and Parking. The interior circulation system must be adequate for the expected volume of traffic, and all required parking spaces must be easily accessible. The interior circulation and parking plan shall be subject to the same review as set forth for the accessways in Subsection 1C(3) above. [See § 15-801, Table 15-8-1, and Subsection 1D(5) for off-street parking requirements.]
(5)
Street System Requirements. All multifamily structures, or structures within a multifamily housing development must access directly onto a public street or a street in the internal road system of the development or park. All new streets and access drives shall be designed and constructed in accordance with the road standards set forth in the Township's ordinances, including the provisions of this chapter.
(6)
Drainage Control Requirements. All plans for multifamily housing developments shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan including information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways, and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the pre-development runoff rate. Runoff may not be channeled into sinkholes.
(7)
Sewage and Water Facilities.
(a)
Adequate sewage and water facilities must be provided by the developer. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit. The developer must provide adequate water for fire protection.
(b)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(c)
Appropriate permits from state agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
(8)
Arrangement of Buildings.
(a)
Adequate provision must be made for light, air, access, (especially access of emergency vehicles such as fire equipment and ambulances, and Township or other vehicles for snow removal and road repair), and privacy in the arrangement of the buildings to each other. If, in the opinion of the Board of Supervisors, the plans do not make adequate provision for light, air, access, and privacy, approval may be denied, or withheld until the plans are modified to the satisfaction of the Board of Supervisors.
(b)
Each dwelling unit within the structures shall have a minimum of two exterior exposures. When laundry hookups for a washer and dryer are not provided for each individual unit, laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants.
(9)
Grading and Ground Cover. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover, shrubs or trees as a portion of the final landscaping requirements.
(10)
Landscaping. The proposed site must be landscaped in order to enhance the natural qualities of the land, provide eye relief, and improve the appearance of the site. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required.
D.
Supplemental Controls.
(1)
In reviewing the proposed plan for a multifamily housing development, the Board of Supervisors shall be guided by the following considerations:
(a)
Maximum Length of Rows. The maximum length of any group of attached structures shall not exceed 150 feet. A building group must be arranged so as to be accessible to emergency vehicles.
(c)
Distance Between Buildings and Driveways.
1)
No driveway or parking lot shall be closer than 25 feet to the front of any building, nor closer than 15 feet to the side or rear of any building.
2)
In the case of an enclosed garage or carport provided as a part of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
(d)
Recreation Spaces. There shall be provided on the site of such development an area or areas devoted wholly to the joint recreational use of the residents thereof. Such recreational space shall consist of not less than 400 square feet per dwelling unit. Recreational spaces shall be developed with both active and passive recreational facilities. Such area shall, insofar as reasonably possible, be aggregated into one or more large contiguous areas, rather than a series of twenty-foot by twenty-foot individual areas.
(e)
Off-Street Parking. There shall be provided on the site of such development an area or areas devoted to the parking of vehicles. There shall be 2.5 parking spaces per dwelling unit provided on site as set forth in Part 8.
(f)
Solid Waste Collection and Disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such methods are not deemed sufficient by the Board of Supervisors, then an alternate means shall be presented by the applicant.
(2)
All other provisions of this chapter, and any other Township, county, or state ordinances, rules or regulations must be adhered to. All provisions of any municipal code or ordinance enacted hereafter shall be adhered to.
E.
Certificate of Occupancy. No certificate of occupancy shall be issued for any unit in such a development unless the unit and the development conform in all respects to the approved site plan. Temporary certificates of occupancy may be issued as set forth herein if the requirements for a temporary certificate of occupancy are met.
§ 15-407 Nursing Homes and Extended Care Facilities.
[Ord. 05-01-01, 5/7/2001]
1.
Nursing homes and extended care facilities may be allowed only in accordance with the district regulations in Part 3, and only as a conditional use. As such, all plans and proposals for nursing homes shall be prepared and presented to the Township Supervisors. In addition to the other requirements hereunder, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or mare applicable Township ordinances, the more stringent requirement shall apply.
A.
State Specifications. Evidence must be presented by the developer that the proposed nursing home shall conform to all state specifications and requirements.
B.
Sewage and Water Facilities.
(1)
Adequate sewage and water facilities must be provided by the developer, which shall include an adequate volume of water for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit. The developer must provide adequate water for fire protection.
(2)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's' Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(3)
Appropriate permits from state agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
C.
Lot Size. The minimum gross area required for a nursing home shall be at least equal to the minimum lot size for the district in which it is located. In addition, the lot must be large enough to permit an on-site sewage treatment system adequate for the largest expected use to be installed, and to provide water for the site (unless water is to be obtained from a well on an adjacent site under an easement). Adequate space must be reserved on-site for the installation of an alternate treatment system should the primary system fail.
D.
Traffic Access and Parking. An adequate access into the nursing home shall be provided which meets the minimum driveway requirements outlined in § 15-802 for multifamily residential uses. Also, adequate parking facilities as outlined in Table 15-8-1, Off-Street Parking Schedule, shall be met. Safe pedestrian accesses which are distinguished from, and, as much as possible, separated from the vehicular accesses and parking areas shall also be provided. Fire lanes sufficient for the passage of fire and emergency vehicles shall be designated in consultation with the Fire Chief, and kept clear at all times.
E.
Solid Waste Collection and Disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such methods are not deemed sufficient by the Board of Supervisors, then an alternate means shall be presented by the applicant.
F.
Drainage Control Requirements. All plans for nursing homes shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan including information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways, and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the pre-development runoff rate. Runoff may not be channeled into sinkholes.
§ 15-408 Seasonal Dwellings.
[Ord. 05-01-01, 5/7/2001]
1.
In addition to the requirements herein, all seasonal dwellings shall conform to all applicable Township rules, regulations and ordinances. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Definition. Seasonal dwellings shall be defined as permanent structures or manufactured homes intended to be utilized only periodically during the year. Such use may include occupancy during hunting and fishing seasons, vacation uses, weekend uses and other similar periodic visits. Such use may not include occupancy for more than 90 consecutive days.
B.
Responsibility. The owner(s) of such seasonal dwellings shall be solely responsible for year-round maintenance of their structure(s) and all surrounding lands. The landowner(s) shall be responsible for all activities occurring on their property.
C.
Construction Requirements. The construction of seasonal dwellings shall meet the following requirements:
(1)
Seasonal dwellings shall not be converted to permanent dwelling units, or occupied as permanent dwelling units, (i.e., in excess of 90 consecutive days), unless the same shall conform to all applicable Township codes and ordinances, including the provisions of this chapter.
(2)
No buses, trucks, or similar vehicles or sheds, garages or similar structures are allowed to be occupied as seasonal dwelling structures.
(3)
No more than one seasonal dwelling unit shall be erected on an individual lot. Minimum lot sizes shall be in accordance with those set forth in Part 3.
(4)
Seasonal home developments shall conform to the requirements of this chapter, all other applicable Township ordinances, and all applicable county and state requirements.
(6)
Holding tanks shall be allowed if the appropriate sewage permits are obtained.
§ 15-409 Campgrounds.
[Ord. 05-01-01, 5/7/2001]
1.
Campgrounds may be allowed in accordance with the district regulations in Part 3, and then only as a conditional use. As such, all plans and proposals for campgrounds shall be prepared and presented to the Board of Supervisors. In addition to the other requirements hereunder, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply:
A.
Site Plan Specifications. Application for a permit for a campground shall require the submission of three copies of a site development plan to the Township Secretary, as set forth herein in the Part on procedures. (See Part 9). Such plans shall be either black and white or blue and white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
B.
Design Standards.
(1)
Minimum Campground Area. A campground shall have a gross area at least equal to the minimum lot size of the district in which it is located.
(2)
Grading and Ground Cover. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation control plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover, trees or shrubs as a portion of the final landscaping requirements.
(3)
Camping Space Requirements.
(a)
Gross Density. The maximum number of camping spaces in each campground shall be no more than four per acre of gross area of the campground.
(b)
Minimum Camping Space Size. The minimum camping space size shall be at least 40 feet by 50 feet and shall contain not less than 2,000 square feet, with additional space being left to permit the passage of emergency vehicles and pedestrians.
(c)
Camping Space Access. All camping spaces shall abut and have 40 feet frontage in the campground internal street system.
(4)
Setbacks, Buffer Strips, and Screening Requirements.
(a)
Park Perimeter Buffer Strips. All camping spaces and auxiliary park structures shall be located at least 40 feet from the campground boundary lines, including public roads. If a suitable, attractive, effective screening, of either man-made or natural plantings is provided along the perimeter, this minimum buffer strip maybe reduced to 25 feet.
(b)
Minimum Distance Between Structures and Camping Spaces. All camping spaces shall be located at least 30 feet from any auxiliary building.
(5)
Parking Space Requirements. A minimum of one vehicle parking space shall be provided for each camping space, plus one additional space for every three camping spaces. (See Part 8).
(6)
Campground Internal Street Requirements. The internal street and drainage system shall consist of private streets constructed according to right-of-way and construction standards proposed by the applicant, and agreed upon by the Township Supervisors. Fire lanes adequate for the passage of emergency vehicles shall be designed in consultation with the Fire Chief, and shall be kept clear at all times.
(7)
Drainage Control Requirements. All plans for campgrounds shall include a stormwater management plan developed in conjunction with the Centre County Conservation District. A copy of said plan including information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure(s), the internal roads and accessways, and the grade of the site shall be submitted. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the pre-development runoff rate. Runoff may not be channeled into sinkholes.
C.
Utilities and Park Facilities.
(1)
Sewage and Water Facilities.
(a)
Adequate sewage and water facilities must be provided by the developer, including an adequate volume of water for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Board of Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
(b)
The plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(c)
Appropriate permits from state agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
(d)
All appropriate standards set by the Department of Environmental Protection must be met. Documents and approvals indicating that these requirements can be met along with notations on the campground plan showing the location of water sources and rest rooms shall be presented to the Board of Supervisors. Separate rest room and shower facilities shall be provided for men and women.
(2)
Other Utility Systems. Electric or other utilities shall be provided in accordance with plans approved by the Township Supervisors and the utility company, and shall, if possible be placed underground.
(3)
Solid Waste Collection and Disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such methods are not deemed sufficient by the Township Supervisors, then an alternate means shall be presented by the applicant.
(4)
Service and Other Campground Buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed, either as separate buildings, or combined with, or as part of, a single-family dwelling for resident personnel. Such structures must conform to the requirements of the Floodplain Management Ordinance [Chapter 3], both as to construction and as to location, and to the requirements of all other applicable Township ordinances.
D.
General Standards.
(1)
Campgrounds may be open to both tents and trailers.
(2)
Camping spaces may be used for overnight camping up to a maximum of 60 consecutive nights, and/or 120 days in any calendar year, whichever is greater.
(3)
Due to flood hazards in all of the Floodplain Districts, all travel trailers and tents shall be removed from any of these districts when a flood warning is issued by the County Emergency Services Office or the National Weather Service. It shall be the obligation and responsibility of the campground operator to ensure that all units have been removed beyond the boundary of the Floodplain District.
(4)
There shall be no permanent residents of the campground, except management and staff.
(5)
Fireplaces, barbecue pits, or the like shall be provided at each campsite.
(6)
Where appropriate, Pennsylvania Bureau of Forestry Department regulations shall be adhered to.
E.
Lot Size. The minimum gross area required for a campground shall be at least equal to the minimum lot size for the district in which it is located. In addition, the lot must be large enough to permit an on-site sewage treatment system adequate for the largest expected use to be installed, and to provide water for the site (unless water is to be obtained from a well on an adjacent site under an easement). Adequate space must be reserved on-site for the installation of an alternate treatment system should the primary system fail.
§ 15-410 Manufactured Housing Parks.
[Ord. 05-01-01, 5/7/2001]
1.
Manufactured housing parks are allowed only as specified as in Part 3, and then only as a conditional use. Every proposed manufactured housing park must meet all of the following requirements in addition to the requirements of the Gregg Township Mobile Home Park Ordinance [Chapter 7], and all other applicable Township rules, regulations and ordinances. Where there is a conflict between the provisions of two or more applicable ordinances, the more stringent requirement shall apply:
A.
Site Plan Specifications. Application for a permit for a manufactured housing park shall require the submission of three copies of a site development plan to the Township Secretary as set forth herein in the Part on procedures. (See Part 9). Such plans shall be either black and white or blue and white prints and shall be drawn to a scale of not less than one inch equals 50 feet.
B.
Design Standards.
(1)
Lot Size. The minimum gross area required for a manufactured housing park shall be at least equal to the minimum lot size for the district in which it is located. In addition, the park must be large enough to permit an on-site sewage treatment system adequate for the largest expected use to be installed, and to provide water for the site (unless water is to be obtained from a well on an adjacent site under an easement). Adequate space must be reserved on-site for the installation of an alternate treatment system should the primary system fail.
(2)
Grading and Ground Cover.
(a)
Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation control plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover, shrubs or trees as a portion of the final landscaping requirements.
(b)
The ground surface in all parts of every park shall be graded. Exposed ground surfaces in all parts of every park shall be paved or covered with stone screening, or other solid material, or protected with a vegetative cover that is capable of preventing soil erosion, the emanation of dust during dry weather, and the formation of mud during wet weather.
(3)
Manufactured Housing Park Lot Requirements.
(a)
Gross Density. The maximum number of manufactured home lots within every manufactured housing park shall be no greater than two lots per acre of gross area of the manufactured housing park.
(b)
Maximum Density A manufactured housing park hereunder shall not exceed the maximum density of dwelling units per acre allowed for single-family detached dwellings in the Residential District.
(c)
Minimum Lot Sizes. The minimum manufactured home lot shall be not less than the minimum lot size for a single-family dwelling in the Residential District.
(d)
Manufactured Home Lot Access. All manufactured home lots shall abut on and have 100 feet frontage on a street of the manufactured housing park internal street system.
(e)
Manufactured Housing Stands. A pad or stand, properly graded, placed, and compacted so as to be durable and adequate for support of the maximum anticipated load during all seasons, shall be used for all manufactured homes in the park.
(f)
Anchoring. Every manufactured home in the park shall be anchored to prevent overturning or uplift to the pad or stand prior to the unit being occupied or used in any way. Each manufactured home stand shall be provided with anchors and tie-downs, such as cast-in-place concrete "deadman" eyelets embedded in concrete foundations or runways, screw augers, arrow head anchors, or other suitable anchoring systems. The anchoring shall be designed to successfully withstand a minimum wind velocity of 90 miles per hour.
(4)
Setbacks, Buffer Strips, and Screening Requirements.
(a)
Setbacks from Public Roads. All manufactured homes and auxiliary park buildings shall be located at least 65 feet from the center line of any abutting Township road or street, 100 feet from State Routes 45 and 192 and 45 feet from local roads or streets.
(b)
Park Perimeter Buffer Strips. All manufactured homes and auxiliary buildings and other park structures shall be located at least 65 feet from the manufactured housing park boundary lines. A suitable, attractive, effective screening is required along the perimeter.
(c)
Screening Requirements Within the Manufactured Housing Park. Repair, maintenance, and storage areas or buildings shall be effectively and attractively screened from the manufactured home lots, manufactured housing park streets, and public roads or streets by man-made screens or natural plant materials.
(d)
Minimum Distances Between Structures Within the Manufactured Housing Park. All manufactured homes shall be located at least 75 feet from any auxiliary park buildings and repair, maintenance and storage areas.
(5)
Recreation Space Requirements. A minimum of 15% of the gross park area, or 15,000 square feet of space, whichever is larger, shall be provided for recreational space. This recreational space shall be suitable for outdoor recreational activity and shall be easily accessible to all manufactured housing lots. The area shall be large enough and so sited and situated as to be usable for a ballfield, playground, or similar purpose.
(6)
Parking Space Requirements. Parking spaces shall be provided in accordance with Part 8. Parking spaces shall be located within 200 feet of the manufactured housing lot that they are intended to serve.
(7)
Drainage Control Requirements. All plans for manufactured housing parks shall include a stormwater management plan prepared in conjunction with the Centre County Conservation District. Such plan shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure, the internal roads and accessways, and the grade of the site. The plans must also indicate where the drainage is to be ultimately channeled. Runoff must be kept on-site to the greatest extent possible; the rate at which runoff leaves the site may not exceed the pre-development runoff rate. Runoff may not be channeled into sinkholes.
(8)
Manufactured Housing Park Internal Street System Requirements. All manufactured housing lots within a manufactured housing park shall access onto the manufactured housing park internal street system. Streets shall be constructed to the standards set forth in the Township ordinances, except that street widths shall be as follows:
(a)
Street Widths. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the following minimum requirements:
1)
Where parking is allowed on both sides, a minimum road surface width of 36 feet shall be required.
2)
Where parking is limited to one side, a minimum road surface width of 28 feet shall be required.
3)
Where no parking is allowed on either side of the street, a minimum road surface width of 20 feet shall be required.
(b)
Fire Lanes. Fire lanes sufficient to permit access by fire and emergency vehicles shall be designated in consultation with the Fire Chief. Said lanes shall be kept clear at all times.
(9)
Manufactured Housing Lot Improvements. All manufactured housing lots within the manufactured housing park shall be improved for use by independent manufactured homes. This shall include all the necessary utility hookups. In addition, a lockable, enclosed storage shed containing at least 200 cubic feet of storage space, for the use of the tenant, shall be placed on each lot.
C.
Utilities and Park Facilities.
(1)
Sewage and Water Facilities.
(a)
Adequate sewage and water facilities must be provided by the developer, including adequate water for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to ensure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(c)
Appropriate permits from state agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
(2)
Other Utility Systems. Telephone, electric, television cable, natural or bottled gas, fuel oil or other utilities shall be provided in accordance with plans approved by the Township Supervisors and the utility company. Underground installation of the utility distribution and service lines is required for approval of the manufactured housing park proposal.
(3)
Service and Other Auxiliary Park Buildings. Service, maintenance and management buildings, recreation or community buildings and commercial sales buildings required for the management, servicing and maintenance of the park, and the wellbeing of the park residents shall be allowed within the manufactured housing park boundaries. Such buildings may be separate structures, or they may be combined with, or made a part of, a single-family dwelling for resident park personnel.
(4)
Solid Waste Collection and Disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such methods are not deemed sufficient by the Board of Supervisors, then an alternate means shall be presented by the applicant.
D.
Rules and Regulations of the Park. The developer shall also submit a copy of the proposed rules and regulations to be followed by the tenants of the manufactured housing park as a part of the application for such use. These regulations shall require:
(1)
Each manufactured home shall be skirted. (Skirting shall include materials which have been prefabricated for this specific purpose or similar materials. It shall not include bales of straw or hay, interior plywood, unfinished wood or similar materials.)
(2)
Garbage and trash shall be placed only in appropriate containers, and shall not be allowed to accumulate.
(3)
Items such as bicycles, lawnmowers, grills, tires, etc., shall be stored in the storage shed situated on each manufactured housing lot.
E.
Zoning Permit and Occupancy Permit. Each and every manufactured home placed in an approved manufactured housing park shall secure a zoning permit prior to being moved into a manufactured housing park and an occupancy permit as required by this chapter prior to its use. Temporary certificates of occupancy may be obtained when appropriate hereunder.
§ 15-411 Home Occupations.
[Ord. 05-01-01, 5/7/2001]
1.
A home occupation is a use conducted entirely within a dwelling or accessory building(s), which use is clearly incidental and secondary to the principal residential use. To qualify under the above definition, the following criteria must be met:
A.
No external alterations or structural changes are necessary.
B.
The occupation must not produce offensive noise, vibrations, heat, dust, or other objectionable conditions.
C.
No outside storage is required.
D.
Not more than 25% of the gross habitable living area of the dwelling area is used for such purpose.
E.
Not more than two full-time equivalent nonoccupants are employed on site.
F.
Two additional off-street parking spaces are provided if needed.
G.
No deed restrictions for the land in question would prohibit such a use.
2.
For the purpose of this section, an accessory building shall be defined as a structure located on the same lot. The accessory building may not contain more than 50% of the floor area of the residential building except in the case of a farm building, such as a barn.
3.
Home occupations shall include fine arts and crafts and carpentry shops, studios, dressmaking and music lesson or tutoring facilities, barber and beauty shops, and insurance and professional offices. In the Agricultural Districts and Open Space District, home occupations may also include facilities for the sale of seed, fertilizer or other farm-related services.
4.
Other home occupations not specified above may be performed as a conditional use upon a finding by the Board of Supervisors that such use complies with Subsection 1 above, and other applicable codes and ordinances, and that the proposed use would not be detrimental to the health, safety, and welfare of the residents of the neighborhood.
§ 15-412 Private Swimming Pools.
[Ord. 05-01-01, 5/7/2001]
1.
Swimming pools built as an accessory use for private use shall meet the following provisions:
A.
The pool is to be used solely by the occupants and guests of the principal use of the lot on which the pool is located.
B.
The pool is not to be located within any required front or side yard, nor closer than 15 feet to the rear property line.
C.
Except as provided in Subsection 1D below, the pool shall be enclosed by a wall or fence to prevent uncontrolled access. Such wall or fence shall not be less than five feet high, and shall be constructed so as to prevent uncontrolled access. A gate which can be locked shall be included.
D.
If a minimum of four feet of the walls of the pool are located above the ground around the entire perimeter of the pool, a wall or fence shall not be required, provided that steps, ladders, and/or other means of gaining access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.
§ 15-413 Day Nurseries.
[Ord. 05-01-01, 5/7/2001]
1.
Nursery schools or other agencies or individuals providing day care for five or more children are subject to the following provisions:
A.
Outdoor play areas of at least 100 square feet per child shall be provided. Such play areas shall be situated at least 100 feet from any road and be fenced. Adult supervision shall also be provided for outdoor play areas when in use.
B.
Outdoor play areas shall be screened and sound insulated as much as possible so as to sufficiently protect the neighborhood from noise and other disturbances.
C.
Sewage and water facilities shall be sufficient to handle the additional loading which will occur.
D.
All applicable codes, ordinances or laws (including regulations of the State Department of Environmental Protection) shall be met before issuance of the zoning permit.
E.
Parking spaces shall be provided for one space per staff member and one space for every six children.
§ 15-414 Agricultural Uses.
[Ord. 05-01-01, 5/7/2001]
1.
In all districts, agricultural uses shall include, but not be limited to, land cultivation activities, such as private gardens or orchards, farming in its commonly accepted sense, tree farming and similar uses. Feedlots, as defined herein, shall not be considered to be agricultural uses, and special provision is made for them herein.
2.
Nothing in this chapter shall be construed to prohibit a farmer, as herein defined, from carrying out the normal operations of farming including, but not limited to, the spreading of manure, fertilizer or other appropriate chemical products. Such noxious odors as are normally associated with farming shall not be construed to be a violation of this chapter.
§ 15-415 Roadside Stands.
[Ord. 05-01-01, 5/7/2001]
1.
For the purposes of this chapter, a roadside stand shall be defined as any structure set aside for the display and for the retail sale of farm products, produce, and similar items, which meets the criteria itemized below. Such stands shall be allowed only as set forth in the district regulations in Part 3.
A.
Stands shall be for the purpose of selling items such as farm or nursery products or other produce, either raised on the premises or elsewhere.
B.
Stands shall be at least 20 feet back from the edge of the road right-of-way.
C.
At least two off-street parking spaces shall be provided.
D.
Temporary stands shall have no more than three sides enclosed.
E.
Temporary stands must be removed when not in use.
F.
All stands shall contain at least 10 square feet of shelf area.
G.
Stands as defined herein shall not include card tables, benches, wagons, or similar temporary set-ups involving the sale of small amounts of produce, flowers, or similar items raised or produced on the property. Such small temporary set-ups shall not be regulated hereunder.
§ 15-416 Automotive or Motorized Vehicle Service Stations and Repair Shops.
[Ord. 05-01-01, 5/7/2001]
1.
These uses shall be allowed only as outlined in Part 3. This use shall not be considered a "home occupation," as defined herein. In all cases, a plan showing the proposed layout and/or design of the facility shall be submitted as part of the zoning permit application. The plan shall show that the following standards will be met:
A.
Locating Exits and Entrances. No motorized vehicle service station or repair shop shall have an entrance or exit for vehicles within 150 feet, as measured along a public street, of any lot on which there exists a school, church, playground, chapel, hospital, or clinic, except by variance.
B.
Access. All accessways shall be no closer than 50 feet to the intersection of two street center lines.
C.
Pump Location. All gasoline pumps shall be no closer than 40 feet to any street center line or lot line.
D.
Repair Work. All repair work, (excluding spark plug replacement, and other similar minor adjustments) shall be carried out within a structure.
E.
Storage. All fuel, oil, propane gas tanks, or other similar substances shall be stored at least 30 feet from any property line. All materials, (except customer's cars), including used parts and junk cars or parts thereof, shall be stored within a building. (See also the Gregg Township Floodplain Management Ordinance [Chapter 3].)
F.
Screening and Buffer Strips. Where the site is bordered by residential uses, a school, church, playground, chapel, hospital or clinic, proper plant screening and buffer strips of 25 feet along property lines of the site shall be provided on those borders. Where the site is bordered by other uses, no screening or buffer strip shall be required. A living screen of evergreen shrubs may be planted. Such plantings shall be chosen and placed so that they shall grow together in two years, and reach the height of six feet in approximately five years. Any gaps that occur in the screen shall be filled.
G.
Grading and Landscaping. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation control plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required, as in Subsection 1F above.
H.
Automobile Sales. No more than six motor vehicles, (including trucks, cars, ATVs, and motorcycles), may be offered for sale at any one time at an automobile service station or repair shop. Vehicles offered for sale shall be set back from the road center line 50 feet and from the property line 15 feet.
I.
Body Shop. Body work or painting of vehicles is allowed; provided, that:
(1)
The sewage system on the site is designed to handle any wastes generated by the body work which are to be flushed into it for disposal.
(2)
The structure within which the body work is to take place meets all applicable regulations of the Pennsylvania Department of Labor and Industry, and the Department of Environmental Protection, and is designed to contain all noise, vibrations, dust, and odor generated by the body work on the work site.
J.
Sewage Facilities. On-site (or suitable off-site) sewage treatment, approved by the Department of Environmental Protection and the Township SEO, shall be provided which is capable of treating the sewage effluent created. A sewage permit confirming that such a system can and will be installed shall be presented as a part of the zoning permit application. When appropriate, the Township Supervisors may establish special limits on the amount and type of effluent that may be discharged. In addition, the Township Supervisors may require that areas be set aside for alternate discharge fields, or take such other steps as they feel necessary to provide for adequate sewage disposal for the site.
K.
Other Provisions. All other provisions of this chapter and other Township, county or state codes, rules, regulations, etc., must be adhered to.
L.
Outdoor Lighting. Any outdoor lighting that is installed at any time shall be shielded in such a manner so as not to cause glare on adjacent or other properties, or impair the vision of passing motorists.
§ 15-417 Variety, Gift and Antique Shops.
[Ord. 05-01-01, 5/7/2001]
1.
These uses shall be allowed only as outlined in Part 3. In all cases, a plan showing the proposed layout and/or design of the facility shall be submitted to the Gregg Township Secretary as part of the zoning permit application. The plan shall show that the following standards will be met:
A.
Traffic Access and Parking. Adequate vehicular access to the proposed use shall be provided which meets the minimum driveway requirements outlined in § 15-803 of this chapter for nonresidential uses. A copy of the proposed plan shall be forwarded to PennDOT for their review when such a use is proposed to access onto a state road, and to the Gregg Township Secretary for review by the Township Supervisors as established in Table 15-8-1, Off-Street Parking Schedule, in Part 8 shall also be provided.
B.
Sewage and Water Facilities.
(1)
Adequate sewage and water facilities must be provided by the developer, including adequate water for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
(2)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(3)
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a zoning permit. No zoning permit may be issued unless all appropriate ordinances have been satisfied.
C.
Solid Waste Collection and Disposal. Information pertaining to the proposed method and frequency of solid waste collection and disposal shall be included in the permit application. All solid waste shall be transported to an approved facility.
D.
Outdoor Lighting. Any outdoor lighting that is installed at any time shall be shielded in such a manner so as not to cause glare on adjacent or other properties, or impair the vision of passing motorists.
E.
Grading and Landscaping. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation control plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required.
F.
Additional Requirements. All other applicable provisions of this chapter, and other ordinances of Gregg Township, and all regulations of the Department of Labor and Industry and the Department of Environmental Protection shall be adhered to.
§ 15-418 Personal Service, Convenience, and Retail Business Establishments.
[Ord. 05-01-01, 5/7/2001]
1.
These uses shall be allowed only as outlined in Part 3 and shall include, but not be limited to, drugstores, small-scale local grocery stores, shoe repair and sale shops, laundries, tailoring shops, bakeries, hobby shops, jewelry stores, and other similar uses. Any use not specifically listed in this section or § 15-417 above shall be considered by the Planning Commission as part of a plan submitted under § 15-417 above. The standards set forth in § 15-417 of this chapter, and all other applicable Township rules, regulations and ordinances shall apply.
§ 15-419 Barber and Beauty Shops.
§ 15-420 Professional Offices and/or Clinics.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as outlined in Part 3 and may be allowed to be located in converted residential structures. In the Commercial Districts, professional offices may also be located in office-complex type structures, and may include facilities to accommodate a variety of services, such as medical and dental clinics. The standards listed in § 15-417 of this chapter and all other applicable regulations shall apply.
§ 15-421 Churches, Places of Worship and Funeral Homes.
§ 15-422 Public and/or Private Schools.
§ 15-423 Municipal Government Buildings; Nonmunicipal Government Buildings.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed in accordance with Part 3. The standards listed in § 15-417 of this chapter and all other state and local regulations shall apply when applications for these uses are being considered. Municipal government buildings shall be defined as any building to be owned, operated, leased, built, occupied or maintained by the Township of Gregg, and the emergency services, such as fire and ambulance, that operate partly or wholly within the Township. Nonmunicipal government buildings shall be defined as any building to be owned, operated leased, built, occupied or maintained by any government entity other than Gregg Township and the emergency services, such as fire and ambulance, that operate within the Township.
2.
In particular, all requirements of the Commonwealth's Department of Labor and Industry and the Department of Environmental Protection shall be adhered to. The Pennsylvania Department of Transportation should also be requested to review such proposals to determine the adequacy of all proposed access points regardless of the ownership of the abutting roadway(s).
§ 15-424 Restaurants.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as set forth in Part 3. As such, this use must be approved in accordance with Part 9. The standards set forth in § 15-417 of this chapter, and all other applicable state, federal, or local regulations shall apply. Of special significance would be the requirements regarding licensing and/or the regulations of the State Department of Environmental Protection, the Pennsylvania Department of Agriculture and the Department of Labor and Industry.
§ 15-425 Clubs, Lodges and Social Halls.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as set forth in Part 3, and then only as a conditional use. As such, this use must be approved in accordance with Part 9. The standards set forth in § 15-417 of this chapter, and all other applicable state, federal, or local regulations shall apply. Of special significance would be the requirements regarding licensing and/or the regulations of the State Department of Environmental Protection, the Pennsylvania Department of Agriculture if food is to be served, and the State's Liquor Control Board, if applicable and the Department of Labor and Industry.
§ 15-426 Motels or Transient Lodging Facilities.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as set forth in Part 3, and then only as a conditional use. As such, this use must be approved in accordance with Part 9. The standards set forth in § 15-417 of this chapter, and all other applicable state, federal, or local regulations shall apply, including those of the State Department of Environmental Protection and the Department of Labor and Industry.
§ 15-427 Sawmills and Lumberyards.
[Ord. 05-01-01, 5/7/2001]
2.
For the purposes of this chapter, sawmills shall be defined to include portable or temporary facilities as well as permanent sawmills, and shall include re-sawing, planting and edging.
3.
Of special importance would be the requirements of the County Conservation District regarding soil erosion and sedimentation control and the regulations of the Department of Environmental Protection's Bureaus of Air and Water Quality Management.
4.
In addition, the minimum gross area for a permanent lumber mill or sawmill shall be five acres.
§ 15-428 Forest Product Removal Operations or Controlled Timbering.
[Ord. 05-01-01, 5/7/2001]
1.
All timbering done within Gregg Township shall conform to state regulations (reference) in addition to the requirements set forth below:
B.
Rules and regulations adopted by the Environmental Quality Board under authority of the Clean Streams Law require that every earth moving operation be conducted in such a manner as to prevent accelerated soil erosion and sedimentation. These state regulations impose certain restrictions on soil disturbing activities (including controlled timbering operations) and require erosion and sediment control practices and measures to be planned, implemented, and maintained. Failure to abide by any applicable county, state or other rule or regulation shall be considered a violation of this chapter, and may be prosecuted as such by the Township, independent of steps taken by any other agency.
C.
Roads and Bridges.
(1)
In addition, if a street or bridge in the Township road system is to be utilized as a major means of access to the operation, the Supervisors may require the applicant to file a bond or other security guarantee to insure the continued maintenance of the road or bridge, and to repair any damage resulting from the use, including accelerated wear. The bond or other security so provided may be used by Gregg Township to repair any damage to its road(s) which may be caused or attributable to the operation of heavy trucks and lumbering equipment.
(2)
During those periods of the year when the Township roads are especially susceptible to degradation, the months of February, March and April, and at times when temporary temperature and weather situations occur which are likely to result in road conditions inappropriate for heavy loads at frequent intervals, the Township may directly contact those involved in a timber cutting operation and restrict or prevent hauling on Township roads until the situation abates.
D.
Restoration of Site. Following completion of the timbering operation, the applicant shall restore the site and roadways, as much as possible, to the condition they were in prior to the commencement of timbering, including, but not limited to:
(1)
Roadways and landings to be smoothed and shaped. Culverts being removed shall be replaced with waterbars, broad-based dips or ditches. Culverts being left in place will be properly sized, and covered with at least two feet of fill.
(2)
Branches, tops and similar residue may be left on site. Within 100 feet of a road, tops shall be lopped to four-inch diameter or four feet above ground level, whichever is less.
(3)
All temporary stream crossings installed in accordance with DEP permits shall be properly removed.
§ 15-429 Public or Semipublic Outdoor Recreational Facilities and/or Services; Municipal Parks and Playgrounds.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed only as set forth in Part 3, and then only as a conditional use. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. If specific outdoor recreational facilities and uses and/or services are not discussed elsewhere herein, the following standards shall apply. The provisions of this section are intended to apply only to permanent parks, playgrounds and the like, with the intention being that a single zoning permit be obtained when the site is first constructed or subsequently modified. Nothing herein shall be construed as requiring a zoning permit for each event held at the site. Nothing herein shall be intended to apply to private, noncommercial gatherings such as family reunions, or temporary annual events, such as the Jaycees, Future Farmers of America, ambulance club or fire company holding annual meetings, picnics, carnivals, or the like on public or private land:
A.
Plan. A plan showing the proposed layout and/or design of the recreational facility or service shall be provided.
B.
Statement. A statement shall be submitted by the applicant indicating the reasons why the proposed facility or service is appropriate for the district and location proposed.
C.
Parking. Parking facilities and driveways shall be provided in accordance with the standards set forth in Part 3. Safe pedestrian accesses which are distinguished from, and as much as possible, separated from the vehicular accesses shall also be provided.
D.
Sewage. On-site (or suitable off-site) sewage treatment shall be provided which is capable of treating the sewage effluent created. A sewage permit confirming that such a system can and will be installed shall be presented as a part of the zoning permit application (see § 15-1102).
E.
Solid Waste. Information pertaining to the proposed method of solid waste collection and disposal shall be submitted as a part of the application. If the method proposed by the applicant is not deemed sufficient, an alternate method shall be proposed.
F.
Lighting. Outdoor security lighting shall be provided. Any outdoor lighting that is installed at any time shall be installed and shielded in such a manner so as not to cause glare on adjacent or other private properties, or impair the vision of passing motorists.
G.
Setback. No building, structure, or active recreational facility shall be located within 100 feet of an abutting Residential District.
H.
Hours of Operation. The proposed hours, rules, and security plan of the facility shall also be presented. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood in which the facility is to be located. Once the proposed hours, rules, and security plan are approved, they may not be substantially altered without review by the Board of Supervisors.
I.
Other Provisions. All other applicable provisions of this, and other Township ordinances shall be adhered to.
§ 15-430 Docks.
[Ord. 05-01-01, 5/7/2001]
1.
Private docks set in any stream or lake in the Township may be allowed only as conditional uses, when the shoreline of the stream or lake is owned by more than one owner. Nothing herein shall be construed to apply to a farm pond or similar body of water situated on and surrounded by lands belonging to a single owner. In addition to meeting any other provisions of this chapter, and all other applicable rules and regulations of the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers, private docks must meet the following criteria:
A.
All docks shall be temporary structures, and shall be removed from the water from November 15 to March 15 each year.
B.
Docks shall be installed so as to create no rise in the one-hundred-year flood level. When there is a threat of flood, and time permits, docks shall be removed from the water.
C.
During the off-season set forth in Subsection 1A above, docks shall be anchored or secured in such a way that they will not be carried away by flooding.
D.
Docks shall extend no more than 15 feet into a stream, although they may extend any distance into a pond or lake. No dock shall be located closer than 100 feet from another dock.
§ 15-431 Temporary Uses in Floodplain Areas (Carnivals and Circuses).
[Ord. 05-01-01, 5/7/2001]
Must comply with the Gregg Township Floodplain Management Ordinance [Chapter 3].
§ 15-432 Temporary Structures or Uses.
[Ord. 05-01-01, 5/7/2001]
1.
A temporary permit may be issued in any district for structures or uses which are accessory during construction or for other special circumstances. Approval for such permits shall be subject to the following conditions:
A.
Length of Permit. The life of a permit for a temporary use or structure shall not exceed six months. The permit may be renewed for successive ninety-day periods at the discretion of the Township Supervisors.
B.
Garage or Porch Sales. No permit shall be necessary for a sale that lasts less than seven days. No permit shall be necessary if no more than four such sales shall be conducted by the same person(s) on the same premises during any twelve-month period of time. If a particular sale lasts longer than seven days, or if more than four sales (no matter how long) are held on the same premises by the same person(s) in any twelve-month period, a permit is required.
C.
Temporary Nonconforming Uses or Structures. Temporary nonconforming uses or structures may be authorized by the Township Supervisors. Application for a zoning permit for temporary uses or structures shall be made to the Township Supervisors through the Zoning Officer, and shall be heard at a public meeting, unless there be compelling reasons why the application should be decided upon prior to the next public meeting, in which case the Township Supervisors shall decide, and report the decision at the public meeting.
D.
Removal at End of Permit Term. Temporary uses or structures shall be removed completely upon expiration of the temporary permit. All trash, garbage, or debris shall be removed to an approved landfill by the applicant, and the site shall be restored, insofar as possible, to the condition it was in before the use took place.
§ 15-433 Automotive Sales Facilities (New or Used Vehicle Sales).
[Ord. 05-01-01, 5/7/2001]
1.
Such uses shall be allowed only as set forth in Part 3, and shall adhere to the following additional conditions:
A.
The unenclosed storage of motor vehicles which are not in running condition shall be prohibited.
B.
In the Agricultural District, such sales operations shall be limited to agriculturally-related equipment only.
C.
Repair or servicing work shall be carried out within a structure. In addition, vehicle repair or servicing operations shall meet the requirements of § 15-416.
D.
All other applicable provisions of this chapter, including setbacks and driveway access, shall be adhered to.
§ 15-434 Ponds.
[Ord. 05-01-01, 5/7/2001]
1.
Ponds may be allowed only as outlined in Part 3 and then only as a conditional use. Note that the provisions of this section shall not apply to ponds constructed as part of an approved stormwater management plan, when the pond is for temporary water containment only.
2.
When a DEP permit (25 Pa. Code, Chapter 105, Dam Safety and Waterway Management) is required, that permit shall be obtained prior to the issuance of conditional approval by the Township Supervisors. The fact that a state permit has been issued shall in no way bind the Township Supervisors, or require the Township Supervisors to issue conditional approval. The Township Supervisors may turn down a request for conditional approval despite the issuance of a state permit.
3.
Failure to abide by any applicable county, state or other rule or regulation shall be considered a violation of this chapter, and may be prosecuted as such by the Township Supervisors, independent of any steps taken by any other agency.
4.
Where adjacent land use dictates, e.g., residential homesites, schools, or similar uses, appropriate screening, fencing, or buffer strips may be required by the Township Supervisors for issuance of conditional approval.
§ 15-435 Small-Scale/Light Manufacturing-Light Industrial Operations.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed only as set forth in Part 3 and then only as conditional uses in the Commercial District and permitted uses in the Industrial District. When such a use is conditional, it must be approved in accordance with Part 9. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits or permitted use zoning permits for such uses are reviewed, the following criteria shall be considered. The Township Supervisors may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents. In addition to the standards set forth in § 15-417 herein, the following standards and requirements shall be adhered to:
A.
Every small-scale, light manufacturing/light industrial operation or use, and all manufacturing and/or assembly activity, shall be contained totally within a building or buildings.
B.
Products or goods manufactured may include crafts, cabinets, furniture items and similar items of custom or hand work. The items sold must be made in whole or part on the premises. Other allowed manufacturing activities would include dairies, printing shops, small-scale assembly and operations where little or no noise, dust, odor or other offensive conditions are created, and minor or small-scale product repair shops (not including automobiles or other motorized vehicles).
C.
For the purposes of this section, small-scale/light manufacturing shall consist of those activities employing 25 or less employees, unless specifically allowed by the zoning permit.
D.
Every such use shall be limited to 2,500 square feet of floor area.
F.
No operation shall be allowed which produces offensive noise, vibrations, heat, dust, glare, odors, or other objectionable conditions.
G.
Evidence shall be submitted indicating that appropriate soils testing was conducted on the site, and that adequate sewage and water facilities will be provided to accommodate the operation.
H.
Information concerning the proposed method of solid waste collection and disposal shall also be presented for review.
I.
All other applicable state, federal, and local regulations shall be adhered to, including the requirements of the Department of Environmental Protection.
§ 15-436 Planned Retail or Industrial Developments.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed only as set forth in Part 3. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Township Supervisors may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents.
A.
Definition. For purposes of this chapter, a planned retail or industrial development shall be defined as a group of businesses or industries planned or developed for the site upon which they are built, whether owned separately or as a unit.
B.
Plan Submission Procedure and Specifications.
(1)
Application Submission Procedure. Applications for developments of this nature shall require the submission of three sets of plans to the Township Secretary. Such plans shall be either black and white or blue and white and shall be drawn to a scale of not less than one inch equals 50 feet.
(2)
Plan Specifications. Said plans must show all structures, roadways, pathways, parking areas, service drives, loading and unloading areas, utility and exterior lighting installations and landscaping on the site, drainage and stormwater management facilities, all existing structures and usages within 200 feet of the site boundaries, location of proposed sewage disposal and water supply facilities, and other elements as may be deemed essential by the Board of Supervisors.
C.
Design Standards.
(1)
Access. All proposed site accessways must be adequate for proposed traffic flow, without being excessive in number, adequate in grade, width, alignment and visibility, and not situated too near street intersections, entrances to schools or places of public assembly. (See § 15-803, Access Drives, for additional design criteria.) In addition, a copy of the proposed development plan shall be submitted to the Pennsylvania Department of Transportation for review when access is to be created along a state-owned roadway. Any permits required by that agency must be obtained by the developer before construction is commenced.
(2)
Circulation and Parking. The interior circulation system must be adequate, and all required parking spaces must be provided and easily accessible. (See § 15-801, Table 15-8-1, for off-street parking requirements.)
(3)
Street Access and Stormwater Drainage. All structures within a planned retail or industrial development must access directly onto a public street or a street in the internal road system of the development. A stormwater management plan must be prepared. All new streets and drainage control systems shall be designed and constructed in accordance with the standards and specifications set forth in the Township ordinances, when applicable.
(4)
Arrangement of Buildings. Adequate provision must be made for light, air, access, and privacy in the arrangement of the buildings to each other. Each unit shall have a minimum of two exterior exposures. (For these purposes, the roof shall not be considered an exterior exposure.) (For mall-type structures, a surface facing, or opening into the interior walkway shall be considered an exterior surface.)
(5)
Sewage and Water Facilities.
(a)
Adequate sewage and water facilities must be provided by the developer, including an adequate volume of water for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEC and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Township Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
(b)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
(c)
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
(6)
Grading and Ground Cover. Where excavation or grading is proposed or where existing trees, shrubs, or other vegetative cover is to be removed, an erosion and sedimentation control plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required.
(7)
Landscaping. The proposed site must be properly landscaped, with the purpose of further enhancing the natural qualities of the land and the area. Where adjacent land use dictates, proper buffer and screening strips shall be required. (See Part 14, Definitions, and see also Part 3, District Regulations, for appropriate minimum yard requirements.)
(8)
Loading and Unloading. All required loading and unloading spaces shall be provided and designed in accordance with § 15-802 of this chapter.
(9)
Solid Waste. Information pertaining to the proposed method of solid waste collection and disposal shall be included in the plan. All solid waste shall be disposed of at an approved facility.
(10)
Outdoor Lighting. Any outdoor lighting that is installed at any time shall be installed and shielded in such a manner so as not to cause glare on adjacent or other private properties, or impair the vision of passing motorists.
§ 15-437 Truck Terminals and/or Freight Stations.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed only as set forth in Part 3. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The reviewing agency may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents.
3.
No certificate of occupancy shall be issued unless the site conforms in all respects to the approved site plan. Temporary certificates of occupancy may be issued as set forth herein if the requirements for a temporary certificate of occupancy are met.
§ 15-438 Manufactured Housing for Farm-Related Uses.
[Ord. 05-01-01, 5/7/2001]
1.
Independent manufactured housing units on individual lots are listed among the uses allowed in the Agricultural District, in certain instances they may also be allowed as accessory uses in that district. In cases where a parcel of land in excess of 20 acres is being utilized for farming purposes, permits for the placement of as many as two independent manufactured housing units on the tract may be issued, under the following terms and conditions:
A.
Permit Requirements.
(1)
The permit shall be obtainable, and valid, only so long as the land is used for farming.
(2)
The permit shall run from date of issuance for three years.
(3)
Upon expiration of a permit, it shall be the responsibility of the landowner to renew same.
(4)
The manufactured housing units installed under the permit shall be used in conjunction with the normal activities of the subject farm, including overall farm management, farm equipment or material storage, or dwelling units to be used or occupied by individuals engaged in maintenance of the farm, farming, or caretaking. The units shall not be rented to anyone who is not employed on the subject farm, although farm employment need not be the dominant employment of the lessee.
B.
Other Requirements. All applicable provisions of this chapter, and other federal, state, county and local regulations shall be adhered to. Of particular significance in cases involving units to be used for dwelling purposes, would be the State DEP's soils testing and sewage system installation requirements.
§ 15-439 Farm-Related Sales and Service Shops.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as set forth in Part 3. The standards set forth in §§ 15-416 and 15-417 shall be applied. The Township Supervisors may require additional information where they feel it is necessary to protect the health, safety and welfare of the Township residents. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply.
§ 15-440 Industrial, Manufacturing, or Warehousing Operations.
[Ord. 05-01-01, 5/7/2001]
These uses may be allowed only as set forth in Part 3. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for zoning permits for such uses are reviewed, the criteria and regulations set forth in §§ 15-417 and 15-436 shall be adhered to. The Township Supervisors may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents.
§ 15-441 Mineral Extraction Operations.
[Ord. 05-01-01, 5/7/2001]
1.
Mining, surface mining or underground mining and/or mineral extraction operations and facilities may be allowed as set forth in Part 3, and then only as conditional uses. It is the intent of this chapter to govern mineral extraction operations via the standards set forth in the Pennsylvania state regulations for mining and mineral extraction. The standards set forth in this chapter, and all other applicable state, federal or local regulations shall apply. When applications for conditional use zoning permits for such uses are reviewed, the following criteria shall be considered. The Township Supervisors may require additional information where they feel it is necessary to protect the health, safety, and welfare of the Township residents. Failure to abide by any applicable county, state or other rule or regulation pertaining to mineral extraction shall be considered a violation of this chapter and may be prosecuted as such by the Township, independent of steps taken by any other agency.
A. MINERALS MINING SURFACE MINING UNDERGROUND MINING
Definitions. For the purposes of this chapter, the following terms shall be defined and applied as follows. (Where a definition herein conflicts with a definition elsewhere in this chapter, or any other Township ordinance, for these purposes the definition contained in this section shall be controlling.)
Includes, but is not limited to, anthracite and bituminous coal, lignite, limestone and dolomite, sand, gravel, rock, stone, earth, slag, shale, ore, vermiculite, clay, oil, gas, petroleum, precious metals, and other mineral resources.
Includes any other sort of mineral extraction in addition to those defined or referred to explicitly or implicitly in definitions below.
The extraction of minerals from the earth, or from waste or stockpiles, or from pits or banks, by removing the strata or materials which overlie, or are above or between deposits of minerals. The term as herein defined shall include, but not be limited to strip, drift, auger and open pit mining, dredging, quarrying and leaching, mountaintop removal, box cutting, and activities similar or related thereto.
The extraction of minerals froth beneath the surface of the earth by means of any system employing shafts, tunnels or the like as a method of reaching the mineral, and conveying it to the surface.
B.
Application Specifications and Submission Procedures.
(1)
Permit Required. Before any mineral extraction operation can commence, a mineral extraction conditional use permit must be obtained in accordance with the procedures outlined in Part 9. In addition to all other federal, state, county and local requirements, rules and regulations, the following must be met:
(2)
Application and Plan Specifications. Each application for a mineral extraction conditional use permit shall contain the following information:
(a)
The name and address of the firm or individual requesting the permit, and who shall be responsible for the fulfillment of any conditions of approval. In addition, the names of any parent companies, holding companies or other corporate entities having a majority interest in, or control over any corporate applicant shall be supplied, together with the addresses of any such corporations, and the names and addresses of the principal officers of same.
(b)
A location map, prepared by a registered professional engineer, shall be supplied showing:
1)
The extent of the area to be included in the requested permit, and an indication of all present uses on the site and any adjacent uses for a distance of 1,000 feet on all sides.
2)
The extent of the area to be excavated or mined.
3)
The boundaries of the area of land that will be affected by the mining operation, including the locations of a) storage sites for overburden or extracted material, b) access and haulage roads, c) storage sites for equipment, d) storage sites for extracted minerals, and e) offices, processing buildings, and other structures to be used in conjunction with the mining operation.
4)
Boundaries of adjoining lands owned by persons other than the applicant, and existing uses.
5)
The location of all watercourses, bodies of water, public rights-of-way, public buildings, public recreation areas, or other public property on or within 250 feet of the boundaries of land to be affected by the mining operation.
6)
The physical or topographic relationship of the land area to be affected by the mining operation to adjacent lands of others, either public or private.
7)
The location of all public or private water supplies.
(c)
Such other information as the Zoning Officer may require and which examination of the application may reveal to be necessary in order to determine that the proposed mining operation will comply with the requirements of this chapter.
(3)
General Design and Review Criteria.
(a)
Minimum Yard Requirements. All mineral extraction and mining operations shall meet or exceed the following setbacks, unless specific authorization to the contrary is granted for cause in the permit:
1)
One hundred feet from any adjoining public right-of-way.
2)
One hundred feet from any cemetery.
3)
One hundred feet from any adjoining property lines.
4)
Three hundred feet from any stream, watercourse, body of water, or environmentally sensitive area such as (but not limited to) sinkholes, fracture traces, limestone caverns, public or private water supplies.
5)
Three hundred feet from any occupied dwelling or structure, public building, or public recreation area.
(b)
The applicant must also indicate his proposed means of accessing the site through the Township; i.e., the roads and methods that are to be utilized to transport materials to and from the site. If streets or bridges in the municipal road system are to be used as a major means of access for the operation, the Board of Supervisors shall review the proposal and may require the applicant to file a bond or other form of security guarantee to insure the continued maintenance of the streets and bridges. A bond of this nature may be used by the Township to repair damage to its roads caused by frequent or continued usage by heavy mining equipment and trucks.
(c)
Circulation and Parking.
1)
The interior circulation system shall be designed to provide for efficient movement of materials and persons. To the greatest extent possible, roadways directly servicing mining operations shall be separated from office, retail, or similar service accesses.
(d)
Loading and Unloading. Where appropriate, all required loading and unloading spaces and facilities shall be provided and designed in accordance with § 15-802 of this chapter.
(e)
Buffer Zones. In addition to the setback or yard requirements listed above in this section, (regarding the actual location of mining activities on the site), a buffer zone of no less than 50 feet in width shall be provided around the entire perimeter of the site. No buildings or structures shall be erected within this zone, with the exception of fences or screenings of natural or other material designed to provide a visual break between the mining activities and the adjacent land uses. It is the intent of this regulation to minimize the effects of such uses on abutting property owner's and land uses by providing a buffer strip or neutral area to be reserved between the two uses. See also the next part of this section.
(f)
Fencing. In order to protect the safety of the Township citizens, fencing shall be placed around all new mining operations, and around old mining operations granted permits to expand under this chapter. Such fencing shall not be less than six feet in height. Access to the areas enclosed by the fence shall be carefully controlled to prevent accidents or unnecessary hazards. A gate or gates, capable of being locked, shall be utilized in conjunction with the fencing, especially at times when the mine is not in operation.
(g)
Outdoor Lighting. Any outdoor lighting that is installed at any time shall be installed and shielded in such a manner so as not to cause glare on adjacent or other private properties, or impair the vision of passing motorists.
(h)
Security and Hours of Operation. The applicant shall submit information regarding his proposed hours of operation for the facility(ies) and his proposed methods for security. In reviewing this information, the Board of Supervisors shall give consideration not only to the convenience of the applicant, but also to the security, convenience, safety and welfare of the area in which the use is to be located.
(i)
State and Federal Regulations. In addition to the provisions of this chapter, all other state and federal regulations shall apply. Of particular significance would be the Federal Surface Mining Control and Reclamation Act of 1977 and the state's Surface Mining Act, 52 P.S. § 1396.1 et seq. No mineral extraction conditional use permit may be issued by the Township, and no mining operation may be conducted until a current, valid permit(s) has been issued by the appropriate state and federal agencies having regulatory authority over mining activities. Operation of a mine or mining activity conducted without a current, valid permit as set forth above shall be considered a prima facie violation of this chapter.
(j)
Sewage and Water Facilities.
1)
Adequate sewage and water facilities must be provided by the developer. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO) and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Board of Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site may be required as a condition of issuance of the permit.
2)
When the nature of the proposed mining operation is such that there is a potential for acid discharge, or for acidification of water leaving the site, the applicant must address this problem as part of the sewage treatment plan submitted. Water discharged or leaving the site, including runoff, may not be significantly more acidic (lower in pH), than the water that was discharged from (or ran off of) the site before mining operations commenced.
3)
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
4)
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
C.
Inspections.
(1)
The Zoning Officer may make inspections of all permitted mineral extraction operations, including expansions, as many as four times each year to determine that all conditions of plan approval and permit issuance are being met.
(2)
The bond shall be in the amount of 150% of the amount estimated to be necessary to complete the proposed restoration.
D.
Duration of Permit. No permit shall be issued that shall be valid for a period in excess of three years. Upon expiration, and application, permits may be renewed for periods up to three years. There shall be no limit to the number of renewals allowed. The applicant shall be entitled to a renewal of the permit as long as all the conditions of his plan approval and original permit are being met.
E.
Accessory Use. The provisions of this section shall not be construed to apply to mineral extraction where such extraction is an accessory use, and not the dominant use, of the lot. Mineral extraction (i.e., shale pits and the like) in the Agricultural District shall be allowed only if the shale is being used on the same parcel, a contiguous parcel, or a parcel under the same ownership. Sale or trading of extracted minerals for profit shall disqualify the extraction site as an accessory use, and all permitting regulations hereunder shall apply.
F.
Expansion of Nonconforming Mineral Extraction Uses. Mineral extraction uses which are existing at the time of passage of this chapter may expand 100% (as measured in square feet) over the size existing at the time of passage, anything herein to the contrary, notwithstanding. For these purposes, any land in a mineral extraction use which has been reclaimed and restored as set forth above shall not be counted in determining the size of the existing use for purposes of limiting expansion. If a site has reached its maximum size limit, new land may be disturbed for mineral extraction purposes if, at the same time, disturbed land is reclaimed and restored, reasonably simultaneously and on a one-for-one area basis.
§ 15-442 Bed-and-Breakfast Establishments.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed in accordance with Part 3. The standards listed in § 15-417 of this chapter and all other state and local regulations shall apply when applications for these uses are being considered.
A.
A bed-and-breakfast establishment shall be limited to a maximum of nine guest rooms (limited to a maximum of 18 persons) available for transient occupancy for which compensation is received on an overnight basis for periods not to exceed seven days with breakfast being available on the premises at no additional cost. A bed-and-breakfast establishment shall be allowed only in a building originally constructed as a single-family dwelling.
B.
A bed-and-breakfast establishment must be located on a public maintained highway or road with direct access to the highway. Direct access shall mean an entrance located on the same property as the B&B establishment.
C.
The following criteria must also be met:
(1)
No restaurant shall be allowed. Food service shall be limited to breakfast for resident guests only.
(2)
The establishment shall be owner occupied and managed.
(3)
No amplified music, outdoor parties or similar activities for commercial gain shall be allowed.
(4)
One off-street parking space shall be provided for each guest room.
(5)
All applicable provisions of this chapter, and other federal, state, county, and local regulations shall be adhered to. Of particular significance are the Pennsylvania DEP's sewage facility requirements and regulations enforced by the Bureau of Water Supply and Community Health.
§ 15-443 Feedlots.
[Ord. 05-01-01, 5/7/2001]
2.
Failure to abide by any applicable county, state or other rule or regulations pertaining to sewage disposal of animal waste shall be considered a violation of this chapter, and may be prosecuted as such by the Township Supervisors, independent of steps taken by any other agency.
3.
The provisions of this section are intended to be applied to large-scale commercial feedlots only. The provisions of this section shall not be applied to projects for 4-H, Future Farmers of America, Jaycees, or any similar youth-oriented or teaching/training-oriented livestock raising projects. Similarly, raising of livestock for sale or personal consumption by an individual or family shall not be subject to the provisions of this section, so long as such use remains an accessory use, and does not provide more than 25% of the individual's or family's gross income.
§ 15-444 Adult Entertainment Facilities.
[Ord. 05-01-01, 5/7/2001]
1.
These uses may be allowed only as set forth in Part 3, and then only as a conditional use. As such, these uses must be approved in accordance with the procedures set forth in Part 9. When reviewing applications for proposals of this nature, the Board of Supervisors shall utilize the following criteria, and may require additional information to be submitted where it feels necessary in order to properly protect the health, welfare and safety of the Township residents, and to effectuate the purposes of this, and other Township ordinances.
A.
Definitions. For the purposes of this section, an adult entertainment facility shall be defined as any establishment which:
(1)
In whole or in part sells, leases, dispenses or displays publications, photographs, drawings, posters, films, videos, computer files, games or images, CDs or reproductions of any type depicting explicit or implicit sex acts or lewdness which, under the State Obscenity Code, 18 Pa.C.S.A. § 5903, must exclude minors or may not knowingly disseminate to minors.
(2)
Exhibits or permits the exhibition of live sexual acts or implied sexual acts or solicits or permits the solicitation of persons and/or animals for purposes of indulging in sexual relations or implied sexual relations as defined by the State Obscenity Code, 18 Pa.C.S.A. § 5903.
B.
General Design and Review Criteria.
(1)
No adult entertainment facility shall be located within 100 square feet of any: (a) residential district, (b) church or other place of worship, (c) cemetery, (d) school, (e) park or playground, (f) premises licensed to sell alcoholic beverages; and/or (g) other adult business or entertainment.
(2)
One parking space shall be provided for each 100 square feet of building area.
(3)
Parking shall be located in front of the establishment, but not in the front yard setback.
(4)
The premises shall be screened on the sides and rear by evergreen plantings of at least five feet in height at the time of planting.
(5)
Adult entertainment facilities must provide a guard at all times in the video area to prevent sexual contacts or solicitations or more than one person occupying a booth.
(6)
No personal contact in the form of providing sexual services shall be permitted.
(7)
No more than one person shall be permitted in a video booth at any time.
(8)
Hours of operation shall be limited to between 9:00 a.m. and 9:00 p.m.
(9)
No outside advertisement exhibits or displays, nudity, or sexual conduct, as defined by the State Obscenity Code, 18 Pa.C.S.A. § 5903, shall be allowed.