Kidder Township, PA Zoning Ordinance

§ 180-58 Design of commercial establishments and nonresidential uses.

Intent. It is the intent of this § 180-58 to provide standards for the design of commercial establishments and nonresidential uses (referred to as commercial establishments) to assure the compatibility of the nonresidential development with the surrounding character of the Township. This shall be accomplished by:

(1)

Siting buildings, parking areas and other facilities and improvements based upon the particular topography of development site;

(2)

Designing buildings with consideration of architectural style and type of construction material in keeping with the surrounding landscape and development pattern;

(3)

Providing safe and convenient access from the public right-of-way based on the existing area-wide traffic circulation pattern and the expected traffic generated by the proposed use;

(4)

Designing parking areas to complement patterns of traffic and pedestrian flow and to provide adequate off-street parking for patrons;

(5)

Maintaining to the greatest extent possible natural vegetation and provide landscaping as an integral part of the overall design of the proposed use and parking areas;

(6)

Considering the impact of stormwater, noise, odor, traffic and lighting on surrounding land uses and providing buffers to minimize adverse impacts; and

(7)

Being consistent with any design guidelines adopted by the Township.

Land development. Any proposed nonresidential building shall be considered a "land development" as defined by the Pennsylvania Municipalities Planning Code and Chapter 153 (Subdivision and Land Development) unless excluded by definition. Such buildings shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this chapter and other Township ordinances. The following shall be provided:

(1)

Location, widths, and names of all existing or prior platted streets and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, and zoning and municipal boundary lines within 200 feet of the tract;

(2)

A traffic and pedestrian flow chart showing circulation patterns from the public right-of-way and within the confines of the land development;

(3)

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

(4)

Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays, angle of parking;

(5)

Location, arrangement, and dimensions of truck loading and unloading spaces and docks;

(6)

Location and dimensions of pedestrian entrances, exits, walks;

(7)

Location, height, and materials of walls, fences, screen plantings, and other landscaped areas;

(8)

Preliminary architectural drawings for all buildings;

(9)

Location, size, height, and orientation of all signs other than signs flat on building facades.

Site design process. The applicant shall demonstrate to the Township by the submission of the necessary land development site plans, that the commercial establishment has been designed as follows:

(1)

Mapping of environmentally sensitive areas to identify all areas of the site which will remain undisturbed, along with noting site development practices which will be used to assure nondisturbance.

(2)

Locating the building site.

(3)

Locating required buffers.

(4)

Laying out street access, parking/loading areas, and other required or proposed improvements.

(5)

Ownership. The site proposed for any multiple-occupant commercial establishment shall be held in single ownership or in unified control; and the applicant shall provide to the Township evidence of said ownership and/or control.

§ 180-59 Intent and applicability and affidavit.

Intent and applicability. The intent of this Part 2 is to regulate the development and operation of all development in the Township and to protect the environment and the public health, safety and general welfare. No land or building shall be used or occupied in such manner which creates any dangerous, injurious, noxious, or otherwise objectionable condition in such amount to adversely affect the surrounding area, and any such activity is hereby declared to be a public nuisance. However, any use permitted by this chapter may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards in this Part 2 which are intended to limit nuisance elements. The following performance standards shall apply to all proposed new or expanded nonresidential uses, and residential uses explicitly referenced by a specific section. The standards in this Part 2 shall not apply to normal agricultural uses unless explicitly referenced by a specific section.

Affidavit.

(1)

With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards in this Part 2 and applicable to such use, and affirming his agreement to conduct or operate such use at all times in conformance with such standards.

(2)

The Right to Know Law protects certain information submitted in connection with a zoning permit from public disclosure by the Township. Section 708(3) of the Right to Know Law, 65 P.S. § 67.708(3), exempts, "A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include . . . (iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems." Additionally, § 708(11) of the Right to Know Law, 65 P.S. § 67.708(11), exempts, "A record that constitutes or reveals a trade secret or confidential proprietary information." An applicant for a zoning permit may designate application material submitted to the Township meeting the exemption criteria of the Right to Know Law as confidential. Such confidential information shall thereafter be protected from public disclosure by the Township to the extent permitted by law.

(3)

Regardless of whether or not a use is required to comply with the procedure specified in this § 180-59B, every use shall comply with all performance standards.

§ 180-60 Setbacks and buffers.

Unless otherwise regulated by this chapter, where a nonresidential use is proposed contiguous to any existing residential dwelling and where a C or BD/LI District adjoins any RR, R-1, R-2, R-3 or OS District, the minimum size of the abutting setback shall be increased by 50% and a landscaped buffer not less than 15 feet in width shall be provided in accord with this § 180-60. Storage of equipment, supplies, products or any other materials shall not be permitted in any front setback or side setback. In the case of conditional uses and special exceptions, landscaped buffers may be required by the Township in any setback in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; and reduce air pollution, dust and litter; and to otherwise maintain and protect the rural character of the district.

In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

The width of the required buffer, as determined by the Township, shall not be less than 15 feet.

A mix of ground cover and shrubbery vegetation and canopy trees, of such variety compatible with the local climate, may be required so that a dense screen not less than six feet in height will be formed within three years of planting. Plants shall be species identified by Chapter 153 (Subdivision and Land Development).

Berms and landscaped walls or fences, compatible with the principal building design, may be incorporated in the required buffer. Front yard buffers shall be provided in the same manner to a height of not less than four feet; however, all clear sight triangles shall be maintained.

In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use, or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the Township shall determine that the proposed use and adjoining use(s) are not incompatible.

Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for "land developments" in Chapter 153 (Subdivision and Land Development). It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.

§ 180-61 Landscaping.

A landscaping plan for the proposed project shall be submitted by the developer for review and approval by the Township. Where the project involves landscaping of more than 0.5 acre, the plan shall be prepared by a qualified registered landscape architect. Landscaping for land developments shall comply with the requirements of Chapter 153 (Subdivision and Land Development). The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation. Landscaping shall be installed to the following minimum standards.

All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to buildings and walkways shall be given extra consideration.

Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping; and shall be consistent with the architectural type of the project and shall be a minimum of four feet in width.

Plants shall be species identified by Chapter 153 (Subdivision and Land Development).

Where landscaping is required to serve as a buffer (e.g., between the project and adjoining properties or between buildings and parking areas), the plants used shall be of the evergreen type and of adequate size to provide an effective buffer within five years of project approval or in accord with the time frame as may be established as a condition of approval for conditional uses, special exceptions or variances.

The variety of landscape materials shall be consistent with building architecture and the surrounding area and plant type shall be appropriate for the size and location of the space it is to occupy.

All areas in and around parking areas shall be landscaped.

Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible.

Artificial landscape materials shall not be used in place of live trees, shrubs and vegetative ground cover.

All trees to be planted shall have a trunk diameter of at least one inch as measured one foot above the ground.

Ground cover shall be spaced to allow for complete fill-in within one year of the date of planting.

Adequate soil preparation in accord with accepted landscape industry practices shall be required.

All landscaping shall be maintained in good growing condition by the property owner and free of weeds, debris and brush.

§ 180-62 Operations and storage.

All facilities and operations of any principal use (with the exception of nurseries, agriculture and the display for sales purposes of new or used cars, motorcycles, trucks, trailers, vehicles, or farm equipment, in operative condition or other similar uses) including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies shall be enclosed and conducted within a building except as follows:

Sales area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.

Conditional use/special exception.

(1)

Outdoor storage for other uses may be approved as a conditional use for a use listed as conditional use by the Schedule of Uses and as a special exception for a use listed as a special exception.

(2)

In the case of a use listed as a principal permitted use by the Schedule of Uses, outdoor storage shall be considered a conditional use.

(3)

Larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way may be required.

Minimum setback. Unenclosed uses and activities shall, in any case, be a minimum of 100 feet from any existing residential structure or any R Residential district, unless a greater setback is required by the Township.

Storage in setback and parking areas. Storage of equipment, supplies, products or any other materials shall not be permitted in any required setback or parking areas.

Vehicles, trailers, containers. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. In the C and BD/LI District, trailers, painted one color without advertising and maintained in good condition, may be used as accessory structures provided all wheels and axles are removed, the trailers are erected and maintained as structures, and are screened from view from adjoining properties in accord with § 180-60. Trailers, painted one color without advertising and maintained in good condition, shall be permitted for storage for a temporary period on the site of an on-going construction project. The placement of said trailers shall be for a specified time as stated in the required permit from the Township, shall meet the setback requirements of this chapter and shall not be used for the storage of any flammable or hazardous material except in accord with applicable state and federal regulations.

§ 180-63 Fire and explosion hazards.

All activities involving any manufacturing, production, storage transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(s). In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas or fencing may be required by the Township if the nature of the proposed use as determined by the Township so requires.

§ 180-64 Radioactivity or electric disturbance.

No activities shall be permitted which emit dangerous radioactivity, electrical disturbance or electromagnetic radiation adversely affecting the operation of any person or any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.

§ 180-65 Noise.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A-WEIGHTED NOISE LEVEL (dBA)

A measure of sound pressure in decibels with the sound pressure scale adjusted to conform with the frequency response of the human ear. A sound level meter that measures A-weighted decibels, designated as dBA, has an electrical circuit that allows the meter to have the same sensitivity to sound at different frequencies as the average human ear (2007, Australian Academy of Science).

AMBIENT NOISE LEVEL

The average A-weighted noise level (Leq) at any specified point which is representative of the noise level of that environment over an extended period of time. It is a composite of all sounds from sources, both near and far.

EQUIVALENT NOISE LEVEL (Leq)

The dBA level of a steady state sound which has the same dBA weighted sound energy as that contained in the actual time-varying sound being measured over a specific time period (2003, Eilar Associates, Encinitas, CA).

NOISE SOURCE

A single piece of equipment, or a collection of equipment under the control and operation of a single entity (e.g., a wind farm), that produces noise as a consequence of its operation. A collection of equipment may not necessarily be connected or related, if they may be operated simultaneously.

SUSPECT SOURCE

A noise source that may be in violation of this § 180-65 identified by the nature of sounds or a correlation with the times of operation and the alleged violation.

Limits.

(1)

Ambient noise level threshold.

(a)

No noise source shall produce an A-weighted noise level at any point in the Township outside the boundaries of the property on which the noise source is located (or in the case of a project considered a single noise source, the boundaries of the collective project area) at a level in excess of 10 dBA above the ambient noise level.

(b)

An increase in excess of 10 dBA shall be permitted provided the owner/operator of the noise source acquires a noise easement in form and content approved by the Township (solely with respect to the noise easement) from the affected property owner which establishes the maximum increase. However, no increase shall be permitted for properties separated by any public road right-of-way and in no case shall the maximum noise level exceed the level established by § 180-65B(2).

(2)

Ambient noise level. For projects being developed, the ambient noise level for the entire project may be established prior to construction of such project for the duration of construction and operation of such project by measuring the noise level near the boundaries of the property on which the project is to be constructed in accord with § 180-65C for a continuous two-week period no more than two years prior to the start of construction of such project.

Maximum Sound Levels
Period	Receiving Land Limits (dBA)
	Existing Dwelling	Zoning District
	Existing Dwelling	OS, R-1, R-2	R-3	R/RC, VC, C	BD/LI
Monday through Saturday, 7:00 a.m. to 9:00 p.m.	60	60	60	65	70
Saturday, 9:00 p.m. through Monday, 7:00 a.m. Monday through Friday, 9:00 p.m. to 7:00 a.m.	50	50	55	60	70

(3)

Maximum noise level. Notwithstanding any of the foregoing provisions of this § 180-65B, in no event shall a noise source produce an A-weighted noise level outside the boundaries of the property on which the noise source is located (or in the case of a project considered a single noise source, the boundaries of the collective project area) at a level in excess of the limits established in the Maximum Sound Levels Table.

Measurements.

(1)

Type and certification. All noise level measurements shall be made using a sound level meter meeting American National Standard Specification for Sound Level Meters (ANSI S1.4-1983 (R2001)/ANSI S1.4A-1985 or the current revision of that standard) for Type 1 instruments. The instrument shall have been laboratory recertified according to the manufacturer's directions within the periodicity required by the manufacturer (usually one- or two-year interval) prior to the measurements.

(2)

Methods. All measurements shall be taken using the FAST response time and A-weighting.

(3)

Field calibration. A field calibration check, using a certified field calibrator, shall be performed at the beginning and end of the measurement period and reported with the other data.

(4)

Proposed projects.

(a)

For projects establishing an ambient noise level for the project prior to the approval of such project, the average A-weighted noise level (Leq) shall be measured at multiple points near the outside boundaries of the property on which the project is to be constructed for a continuous two-week period no more than one year to the start of construction of such project.

(b)

Measurements should be attempted to be performed near outside boundaries which are closest in proximity to where the noise source will be located and/or where noise is reasonably expected to be the loudest.

(c)

The measurements must be made by an independent professional using the commonly accepted measurement procedures specified in ANSI/ASA S1.13-2005 (R2010) standard "American National Standard Methods for the Measurement of Sound Pressure Levels In Air."

Investigation of complaints.

(1)

Initial determination.

(a)

In the event a complaint is received regarding a suspect source, the Zoning Officer shall first determine that the complaint is valid by visiting the site of the complaint and the site of the suspect source.

(b)

If the nature of the sound at the site of the complaint is not similar to the nature of the sound produced by the suspect source, and if the subjective noise levels do not correlate with the operation of the suspect source, then the Zoning Officer shall file a report noting those observations, and shall notify the complainant and the owner/operator of the suspect source that the complaint has not been validated.

(2)

Test date.

(a)

If, by the nature of the sound, or correlation with the operation of the suspect source, the Zoning Officer determines a complaint to potentially be valid, the Zoning Officer shall make a reasonable effort to arrange a date and time with the complainant and the owner/operator of the suspect source to conduct a test.

(b)

The test should be close to the time of day and day of week of the complaint, but shall not represent an unreasonable burden on the complainant or the owner/operator of the suspect source.

(3)

Background noise level.

(a)

The Zoning Officer, or the Zoning Officer's designee, shall conduct an average background A-weighted noise level measurement before and after the operation of the suspect source using commonly accepted measurement equipment and standards, provided that, at the election of the owner/operator, the owner/operator may engage an independent professional to conduct such measurements mutually agreed to by the Township, at the cost of the owner/operator.

(b)

At the direction of the Zoning Officer, or the Zoning Officer's designee, the owner/operator of the suspect source shall operate the equipment according to normal operating procedures according to design limits, or the maximum approved limits of the conditional use approval, whichever is lower, for the duration of the test.

(c)

The owner/operator may be required to operate the equipment in any mode or for any use that the equipment is normally or occasionally used. The owner/operator shall not be required to operate the equipment in any manner inconsistent with the design or normal use, nor in any unsafe manner.

(4)

Average background A-weighted noise level.

(a)

An average background A-weighted noise level shall be measured without the suspect source in operation. The atmospheric conditions at the time of measurement shall be as near the atmospheric conditions reported at the time of the complaint (wind direction and speed, temperature, temperature gradient, etc.).

(b)

Background activities shall be representative of those expected in the environment for the time of day and day of the week.

(c)

Measurements of the average background A-weighted noise level shall be made for the length of time the suspect source will be in operation, but need not be any longer than 15 minutes. If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

(5)

Measurements.

(a)

Measurements of the average A-weighted noise level (Leq) with the suspect source in operation shall be conducted as soon as possible after obtaining the background noise level measurements without the suspect source in operation and shall be made for the length of time the source will normally be in operation, but in any case shall not be less than five minutes and need not be any longer than 15 minutes.

(b)

If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

(c)

The equation for deducing the A-weighted noise level (Leq) being produced by the suspect source (Ls) shall be as set forth below where L1 equals the measured average A-weighted noise level (Leq) of the background without the suspect source in operation and L2 equals the measured average A-weighted noise level (Leq) of the background with the suspect source in operation. Basically, Ls equals L2 minus L1 as shown in log notation below which is the basis for decibel calculations.

Report. After completion of the background noise level measurements before and after the operation of the Suspect Source, the report of the Zoning Officer, or the Zoning Officer's designee (or the independent professional, if engaged by the owner/operator of the suspect source), shall include:

(1)

The instrument manufacturer, model, type, serial number, and laboratory recertification date of the sound level meter and the field calibrator.

(2)

The level of the field calibration after making any adjustment of the sound level meter.

(3)

The location of the noise level measurements, by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground or on a map.

(4)

The location of the suspect source by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground, or on a map.

(5)

A description of the suspect source in operation, sufficient to allow someone to recreate the conditions of the test.

(6)

The weather conditions at the time of measurement, including temperature, relative humidity, wind speed and direction, cloud cover, and an impression of the temperature gradient.

(7)

The time at which noise level measurements were started and stopped.

(8)

The time at which the operation of the suspect source was started and stopped, and when measurements were started and stopped.

(9)

For manual measurements:

(a)

A table of lines and sound levels as reported on the meter.

(b)

The calculated A-weighted noise level for each set of measurements.

(10)

For automatic measurements:

(a)

A notation of the time the instrument was started and the time stopped.

(b)

The reported A-weighted noise level.

(c)

If the instrument can report each data point, an electronic form of the data, including each measurement time and level, and a description of the data format shall be retained as a supplement to the report.

(d)

A calibration mark using the field calibrator.

(11)

A list of witnesses or other persons present during the measurements.

(12)

Any additional comments from the complainant, witnesses or the operator/owner of the suspect equipment or sources.

Studies for proposed use.

(1)

Compliance with standards. Applicants for a specific proposed use shall be required to demonstrate that the proposed use will not violate the standards in this § 180-65 by providing reasonable documentary evidence, which may include:

(a)

Engineering studies which estimate the environmental noise levels from the proposed equipment operations and the impact of mitigation measures applied to the equipment and/or site; and/or

(b)

Environmental noise measurements from similar operations and sites (same number and types of equipment, comparable topography and prevailing weather conditions).

(2)

Loudspeakers. The applicant shall provide specifications for any proposed exterior loudspeakers and detail how compliance will be attained.

(3)

Conditions. Given the inherent vagaries of acoustic predictions and the variability of acoustic measurements, the Board of Supervisors may apply conditions which are more conservative than would be indicated by the studies. In any case, the acceptance of proposed control or mitigation measures does not relieve the applicant from complying with the standards provided in this § 180-65 and/or any zoning approval.

Exceptions. The standards in this § 180-65 do not apply to:

(1)

Radiated noise levels for vehicles or other operations subject to state or federal preemption.

(2)

The operation of lawn mowers, leaf blowers, string trimmers, chain saws, and other small yard maintenance equipment between sunrise and sunset.

(3)

Emergency equipment and signals.

(4)

Emergency operations of any kind, including, but not limited to, road repairs, utility repairs, response to accidents, injuries, fires, flooding, or hazardous material spills.

(5)

Short duration activities, such as construction or repair of facilities or infrastructure.

(6)

Discharge of firearms.

§ 180-66 Vibration.

Operating or permitting the operations of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

§ 180-67 Lighting and glare.

The standards of this § 180-67 shall also apply to residential and agricultural uses. Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Any proposal which is considered a land development as defined by Chapter 153 (Subdivision and Land Development) shall be governed by the lighting and glare standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of this § 180-67 and violations shall be subject to the enforcement provisions of this chapter.

Purpose. To set standards for outdoor lighting to:

(1)

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

(2)

Protect drivers and pedestrians from the glare of nonvehicular light sources;

(3)

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

(4)

Promote energy efficient lighting design and operation.

Applicability.

(1)

This § 180-67 shall apply to all uses within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

(2)

Exemptions. The following lighting applications are exempt from the requirements of this § 180-67:

(a)

Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

(b)

Lighting for public monuments and statuary.

(c)

Underwater lighting in swimming pools and other water features.

(d)

Low-voltage landscape lighting.

(e)

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

(f)

Temporary lighting for theatrical, television, performance areas and construction sites.

(g)

Temporary lighting and seasonal decorative lighting provided that individual lamps are less than 10 watts and 70 lumens.

(h)

Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.

Standards.

(1)

Illumination levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the illuminating Engineering Society of North America (IESNA) unless otherwise directed by the Township.

(2)

Luminaire design.

(a)

Horizontal surfaces.

[1]

For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.

[2]

Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, luminaires that are fully shielded or comply with IESNA cutoff criteria may be used.

(b)

Nonhorizontal surfaces.

[1]

For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Township, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.

[2]

(3)

Control of glare.

(a)

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(b)

Directional luminaires such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

(c)

Barn lights, also known as dusk-to-dawn lights, when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

(d)

(Reserved)

(e)

Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be extinguished after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the twenty-five-percent limit may be permitted as a conditional use.

(f)

Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township in accord with § 180-67C(3)(e). The use of motion detectors is permitted.

(g)

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

(h)

Light spillover.

[1]

Residential. The illumination projected from any use onto a residential use or permanent open space shall at no time exceed 0.1 initial footcandle, measured line-of-sight at any time and from any point on the receiving residential property. This shall include glare from digital or other illuminated signs.

[2]

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed one initial footcandle, measured line-of-sight from any point on the receiving property.

(i)

Height. Except as permitted for certain recreational lighting and permitted elsewhere in this Subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. "Mounting height" shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see § 180-67D.

(j)

The United States, state and other official flags may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

(k)

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum density shall not exceed 30 initial footcandles.

(l)

Soffit lighting around building exteriors shall not exceed 15 initial footcandles.

(m)

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications towers is prohibited during hours of darkness except as required by the Federal Aviation Administration.

(4)

Installation.

(a)

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electric Code (NEC) Handbook.

(b)

Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be protected by being placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other effective means.

(c)

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

(d)

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

(e)

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

(5)

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

(6)

Billboards and signs. The lighting of new or relighting of existing billboards and signs shall require a permit, which shall be granted when the Zoning Officer is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

(a)

Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaires shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from off-site view and to place the light output onto and not beyond the sign or billboard. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the Township that such a mounting arrangement is not possible. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during hours of darkness.

(b)

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

(c)

The illumination of a billboard within 400 feet of a residential use shall not be permitted.

(d)

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

(e)

The use of highly reflective signs that creates nuisance glare or a safety hazard shall not be permitted.

Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally permitted luminaire mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:

(1)

Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, may be permitted by conditional use. A visual impact analysis shall be required in accord with § 180-67D(6).

(2)

A proposed illuminated recreational facility located within a OS or R-1 District or sited on a nonresidential property located within 1,000 feet of a property in a OS or R-1 District shall be considered a conditional use.

(3)

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m. except in the occurrence of extra innings, overtimes or make-up games.

(4)

The Township reserves the right to limit the number of illuminated sporting events per week or season.

(5)

Maximum mounting heights for recreational lighting shall be in accordance with the following:

(a)

Basketball: 20 feet.

(b)

Football: 70 feet.

(c)

Soccer: 70 feet.

(d)

Lacrosse: 70 feet.

(e)

Baseball and softball:

[1]

Two-hundred-foot radius: 60 feet.

[2]

Three-hundred-foot radius: 70 feet.

(f)

Miniature golf: 20 feet.

[1]

See "driving range" in § 180-67D(1).

(g)

Swimming pool aprons: 20 feet.

(h)

Tennis: 20 feet.

(i)

Track: 20 feet.

(j)

All uses not listed: 20 feet.

(6)

Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by § 180-67E, but also by a visual impact plan that contains the following:

(a)

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

(b)

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

(c)

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

(d)

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 180-67C(3).

(e)

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

(f)

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan submission. Lighting plans shall be submitted for Township review and approval for subdivision and land development, conditional use, variance, zoning permit and special exception applications. The submitted information shall include the following:

(1)

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flags and signs, by location, orientation, aiming direction, mounting height, lamp, photometry and type.

(2)

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter. When the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.

(3)

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

(4)

Description of the proposed equipment, including luminaire catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

(5)

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

(6)

When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 180-67D(6).

(7)

Plan notes. The following notes shall appear on the lighting plan:

(a)

Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and shall be accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.

(b)

The Township reserves the right to conduct post-installation inspections to verify compliance with chapter requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township.

(c)

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

(d)

Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Compliance monitoring.

(1)

Safety hazards. If the Zoning Officer determines that a lighting installation creates a safety hazard, an enforcement proceeding shall be initiated.

(2)

Nuisance glare and inadequate illumination levels. If the Zoning Officer determines that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from the requirements of this chapter, enforcement proceedings shall be initiated.

Nonconforming lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 180-67 when:

(1)

It is deemed by the Zoning Officer to create a safety hazard;

(2)

It is replaced, abandoned or relocated;

(3)

There is a change in use; or

(4)

Minor corrective action is deemed appropriate by the Zoning Officer to bring the fixture or installation into conformance with the requirements of this chapter. Minor corrective action shall be defined as having a cost not to exceed 25% of the cost of the replacement of the fixture or installation.

Definitions. Words and phrases used in this § 180-67 shall have the meanings set forth in this § 180-67H. Words and phrases not defined in this § 180-67 but defined in Article II shall be given the meanings set forth in Article II. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

The amount of illumination the inside surface of a one-foot-radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot, and is measurable with an illuminance meter (light meter).

FULL CUTOFF

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is fully shielded.

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

IESNA

Illuminating Engineering Society of North America.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHT TRESPASS

Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light (reflector lens, diffuser) to position and protect the lamps, and to connect the lamps to the power supply.

LUMINAIRE, SHIELDED DIRECTIONAL

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

§ 180-68 Odors.

No emission shall be permitted of odorous gases or other odorous matter except in full compliance with PA Department of Environmental Protection requirements.

§ 180-69 Other forms of air pollution.

No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted except in full compliance with Pennsylvania Department of Environmental Protection requirements.

§ 180-70 Surface and groundwater protection.

All activities involving the possible contamination of surface or groundwater shall be provided with adequate safety devices to prevent such contamination. In cases where any earth disturbance will result in the excavation of bedrock, the Township may require the applicant to submit a report from a qualified engineer or geologist detailing the geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer. The Township may require a plan to be submitted for review and approval and may require security for insuring contamination response. Monitoring wells and water quality testing may also be required by the Township. The developer shall also provide details about the use of groundwater and any processes that could result in the depletion of groundwater supplies. No use shall be permitted which would result in the depletion of groundwater supplies. In cases where the use is of such a nature that large volumes of groundwater are required the developer shall provide appropriate hydrogeologic studies which clearly establish that the proposed use will not cause a reduction in the quantity or the quality of groundwater supplies available to other properties located within 1,000 feet of any portion of the property where the proposed use will be located.

§ 180-71 Stormwater management and soil erosion control.

Plan required. A stormwater management plan and soil erosion control plan shall be required for review and approval. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 153 (Subdivision and Land Development) or other applicable Township regulations and County Conservation District standards, and shall be based on generally accepted engineering principles appropriate for the proposed use.

Water quality. The protection of the quality of groundwater and surface water shall be an integral part of all proposed stormwater management practices; and all stormwater management plans shall include an element specifically addressing water quality. The plan shall provide for the minimization of the discharge of "first flush" sediments off the project site or directly to infiltration structures. Containment of "first flush" sediments shall be accomplished by accepted and proven engineering design and practice, including but not limited to the use of grass buffer/filter strips, grass swales, detention basins, sediment traps, and special inlet devices.

Stormwater control ordinance. In any area of the Township where a stormwater management plan has been prepared and adopted in accord with the Pennsylvania Stormwater Management Act, the provisions of any applicable stormwater control ordinance shall apply.

§ 180-72 Waste materials.

No liquid, solid, toxic or hazardous waste shall be stored or disposed in any commercial, residential or other area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground. All waste materials shall be disposed of only in accord with all applicable state and federal regulations and applications for any use which results in waste materials regulated by the state or federal government and shall include a list of all such wastes and the method of temporary storage, handling and disposal.

§ 180-73 Handicapped access.

Access for handicapped persons to all uses shall be provided in accord with all applicable state and federal requirements.

§ 180-74 Settling and/or storage ponds and reservoirs.

All ponds, reservoirs or other such storage facilities which are associated with any manufacturing or industrial process, or any sewage or waste disposal process shall be fenced or shall otherwise be physically controlled to prevent access by the public. Said fence shall be not less than four feet high and of a design to restrict access to the area to be controlled. Any such facility which contains any material which is poisonous, toxic or caustic, shall not be permitted.

§ 180-75 Security.

In cases where deemed necessary by the Township (detention facilities and drug treatment centers, for example), the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall include a description of the specific services to be offered, type of patients and/or residents to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

§ 180-76 Water supply.

All uses shall be provided with an adequate and safe water supply, as demonstrated by evidence to be provided by the applicant, documenting that the siting, density, and design of all proposed residential, commercial, industrial and other developments or uses will assure the availability of reliable, safe and adequate water supplies to support the proposed land use(s) within the capacity of available water resources.

§ 180-77 Sewage disposal.

Sewage disposal shall be provided by a system meeting the needs of the proposed use and the requirements of the Township and the Pennsylvania Department of Environmental Protection. Discharge to such system shall be limited to normal, domestic and human bodily wastes unless the treatment system has been specifically designed to handle other wastes or the wastes are pretreated in accord with Pennsylvania Department of Environmental Protection or local sewer authority requirements. No discharge of wastes, byproducts or materials in any way associated with a production process, health care or veterinary facility medical wastes, funeral home wastes, or other commercial wastes shall be permitted to any subsurface, land application or other soil-based sewage disposal system.

§ 180-78 Travel routes.

The applicant shall provide a map showing the public roads proposed to be used to travel to and from the facility and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use.

§ 180-79 Waste containers.

All commercial, residential and other uses shall provide adequate waste containers to store waste until disposal and to prevent litter.

Screening. All trash dumpsters shall be screened as needed to screen the dumpster from view from public streets or dwellings on abutting lots. A solid wooden fence, brick wall, evergreen plants or structure designed to be architecturally compatible with the principal building shall be used for such screening.

Setback from dwellings. Any solid waste container with a capacity over 15 cubic feet shall be kept a minimum of 15 feet from any property line.

Food sales. Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide at least one outdoor solid waste receptacle for customer use at a convenient location outside of the main exit door of the property. The operator of such use shall be responsible for regular emptying and maintenance of such receptacle.

Enclosed containers. Solid waste receptacles stored outdoors shall be adequately enclosed and covered to control the attraction of rodent and insects.

§ 180-80 Other regulations.

The Zoning Officer, Planning Commission, Board of Supervisors or the Zoning Hearing Board, as the case may be, shall require documentation from the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Labor and Industry, the Federal Emergency Management Agency and the U.S. Environmental Protection Agency.

§ 180-81 Environmental impact statement.

The intent of this § 180-81 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Township. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may, based upon the nature of a project and potential impacts on the Township, require the developer to prepare and submit to the Township an environmental impact statement (EIS) for the following types of developments and uses:

(1)

Industrial parks.

(2)

Industrial uses.

(3)

Junkyards.

(4)

Mineral extraction including oil and gas wells.

(5)

Mineral processing.

(6)

Agricultural products processing.

(7)

Solid waste facilities and staging areas.

(8)

Warehouses and trucking terminals.

(9)

Concentrated animal feeding operations.

(10)

Transmission pipelines and hazardous liquid pipelines.

(11)

Pipeline compressor stations, metering stations or operation/maintenance facilities.

(12)

Any nonresidential use involving the initial or cumulative disturbance of 87,120 or more square feet of soil surface areas.

(13)

Any nonresidential use involving the initial or cumulative construction, installation and/or placement of 43,560 square feet or more of buildings, structures or other impervious surface areas.

A.1.

The requirements of this § 180-81 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the EIS should such components be deemed unnecessary for certain uses.

A.2.

Purpose of EIS. The purpose of this EIS is to disclose the environmental and community consequences of a proposed action for consideration by the Township for the determination of approval or denial of the project, and, if the project is approved, for the establishment of conditions of approval. This requirement is made in order to protect the natural environment and community.

Contents of EIS. An environmental impact statement shall include a description of the proposed use including location relationship to other projects or proposals, with adequate data and detail for the Township to assess the impact. The EIS shall also include a comprehensive description of the existing environment and community and the probable future effects of the proposal. The description shall focus on the elements of the environment and community most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the EIS shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts; and said proposal shall comply with all other standards included in this chapter and other Township ordinances:

(1)

Soil types.

(a)

U.S.D.A. soil types (show on map).

(b)

Permeability of soil on the site.

(c)

Rate of percolation of water through the soil for each five acres.

(2)

Surface waters.

(a)

Distance of site from nearest surface water and head waters of streams.

(b)

Sources of runoff water.

(c)

Rate of runoff from the site.

(d)

Destination of runoff water and method of controlling downstream effects.

(e)

Chemical additives to runoff water on the site.

(f)

Submission of an erosion and sediment control plan meeting the requirements of the PA DEP and the Carbon County Conservation District.

(g)

Said information shall be set forth in a stormwater management plan meeting the requirements of Chapter 153 (Subdivision and Land Development).

(3)

Ground cover including vegetation and animal life.

(a)

Extent of existing impervious ground cover on the site.

(b)

Extent of proposed impervious ground cover on the site.

(c)

Type and extent of existing vegetative cover on the site.

(d)

Extent of proposed vegetative cover on the site.

(e)

Type of animal life and effect on habitat.

(4)

Topographic and geologic.

(a)

Maximum existing elevation of site.

(b)

Minimum existing elevation of site.

(c)

Maximum proposed elevation of site.

(d)

Minimum proposed elevation of site.

(e)

Description of the topography of the site and any special topographic features, and any proposed changes in topography.

(f)

Surface and subsurface geology.

(5)

Groundwater.

(a)

Average depth to seasonal high water table.

(b)

Minimum depth to water table on site.

(c)

Maximum depth to water table on site.

(d)

Quality.

(6)

Water supply.

(a)

The source and adequacy of water to be provided to the site.

(b)

The expected water requirements (gallons per day) for the site.

(c)

The uses to which water will be put.

(7)

Sewage disposal.

(a)

Sewage disposal system (description and location on the site, of system).

(b)

Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemical).

(c)

Expected daily volumes of sewage.

(d)

Affected sewage treatment plant present capacity and authorized capacity.

(8)

Solid waste.

(a)

Estimated quantity of solid waste to be developed on the site during and after construction.

(b)

Method of disposal solid waste during and after construction.

(c)

Plans for recycling of solid waste during and after construction.

(9)

Air quality and odor.

(a)

Expected changes in air quality and odor due to activities at the site during and after construction.

(b)

Plans for control of emissions affecting air quality and odor.

(10)

Noise.

(a)

Noise levels, above existing levels, expected to be generated at the site (source and magnitude), during and after construction.

(b)

Proposed method for control of additional noise on site during and after construction.

(11)

Land and water surface use and community character.

(a)

Past and present use of the site with particular attention to storage or disposal of toxic or hazardous waste.

(b)

Adjoining land uses and values and character of the area.

(c)

Type and concentration of existing watercraft uses.

(12)

Critical impact areas. Any area, condition, or feature which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.

(13)

Historic resources. Identification of structures or sites of historic significance and probable effect of project.

(14)

Transportation network. Existing network traffic volumes and capacities and need for improvements required by the project. In the case of PennDOT roads, a copy of the traffic study required by PennDOT shall be submitted, and in the case of Township roads, the study shall be conducted in accord with PennDOT requirements.

(15)

Law enforcement. Existing law enforcement capabilities of the Township and state; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.

(16)

Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.

(17)

Additional requirements. In addition to the above requirements, the Planning Commission and/or Township Board of Supervisors or the Zoning Hearing Board may require such other information as may be reasonably necessary for the Township to evaluate the proposed use for its effect on the community.

Additional considerations. The following shall also be addressed:

(1)

A description of alternatives to the proposed use.

(2)

A statement of any adverse impacts which cannot be avoided.

(3)

Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.

(4)

A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.

(5)

A listing of steps proposed to minimize environmental damage to the site and region during and after construction.

Qualifications. The EIS shall be prepared by a professional architect, landscape architect, planner, engineer or other qualified individual whose qualifications have been previously approved by the Board of Supervisors or the Zoning Hearing Board as the case may be.

Procedures for evaluating the environmental impact statement shall be as follows.

(1)

Upon receipt of the application the Township shall forward the EIS to the Township Engineer and any other agency or firm which the Township may desire for consultation.

(2)

The above-mentioned agencies shall review the applicant's EIS and shall report its comments to the Planning Commission and Board of Supervisors or Zoning Hearing Board.

(3)

The Planning Commission and/or Board of Supervisors or Zoning Hearing Board may require the opinion of experts in their review of the EIS.

(4)

Copies of the EIS shall be on file and available for inspection in the Township office.

(5)

The Planning Commission shall evaluate the proposed project and the EIS and recommend action on same to the Board of Supervisors or Zoning Hearing Board.

§ 180-82 Special conservation standards.

All uses permitted by this chapter shall be subject to the following special conservation performance standards which shall apply to any lands that are characterized as steep slopes, wetlands or floodplains, except that these provisions do not apply where the applicant proposes to join two existing parcels into a single parcel, or to subdivide a parcel from one parcel and join that with an adjoining tract of land, and where no new development is proposed on the resulting lots. The procedures and standards are as follows:

Steep slope areas.

(1)

General requirements. Steep slopes shall be defined as slopes of 25% or more as determined by the Zoning Officer, from United States Geological Survey topographic maps or USDA NRCS maps. In cases where the slope cannot be specifically determined by said means, the Zoning Officer may require the applicant to provide certification from a qualified professional of the slope in question. Slope shall be measured at the points where any earth will be disturbed or where structures or other improvements are proposed.

(2)

Development on steep slopes. Any use or development of such steep slope areas shall be considered a conditional use, and in reviewing applications for use of sites partially or wholly included within an area identified as steep-sloped, the Board of Supervisors and Planning Commission shall be satisfied that the following performance standards have been or will be met:

(a)

An accurate map prepared by a qualified professional has been submitted showing property boundaries, building and drive locations, contours at two-foot intervals and any areas to be graded. The proposed location of other factors shall also be shown including streams, wetlands, areas subject to landslides and extent of vegetative cover.

(b)

A clearing, grading and drainage plan has been prepared showing existing and proposed ground surfaces, plans for drainage devices, plans for walls or cribbing, etc., map of the drainage area affected, computation of the amount of runoff expected, an erosion control plan and schedule for completion of work.

(c)

The applicant shall demonstrate that the proposed development cannot be accomplished on areas of the lot where the slope is less than 25%.

(d)

No finished grade where fill is used shall exceed a slope of three feet horizontal to one foot vertical.

(e)

Where fill is used to later support structures, a minimum compaction of 90% of maximum density shall be achieved.

(f)

Soils characterized by the Natural Resource Conservation Service as highly susceptible to erosion shall be avoided.

(g)

Roads and utilities shall be installed along existing contours to the greatest extent possible.

(h)

Any steep slope areas also characterized by seasonal high water tables shall be avoided.

(i)

Removal of, or disturbance to, existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, erosion potential, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures may be required by the Board as it deems appropriate.

(j)

In cases where structures are proposed, the applicant shall submit plans to the Zoning Officer detailing how the limitations of slope will be mitigated by the design of the structure(s).

(3)

Residential development.

(a)

Each lot or an area plotted for residential use shall provide, inside of the required setbacks, an area containing not less than 5,000 square feet for each dwelling unit.

(b)

Such area shall have an average slope no greater than 15% and shall be accessible from the existing or proposed street by means of a driveway or private access street having a maximum grade of 12%.

(c)

In the case of lots utilizing an onsite sewage disposal system, in addition to such area, there shall be sufficient area for the sewage disposal field, in accordance with the Department of Environmental Protection regulations.

(4)

Nonresidential development.

(a)

Each lot plotted for industrial, manufacturing, commercial or other nonresidential use shall provide, inside of the required setbacks, an area at least equal to the projected horizontal area of the proposed building, plus the additional area required for required parking and loading.

(b)

This area shall have an average slope no greater than 10% and shall be accessible from the existing or proposed street by means of adequately and properly designed service drives having a maximum grade of 12%.

(c)

In the case of lots using an on-site sewage disposal system, there shall be sufficient additional area for the sewage disposal field and for a replacement field in accord PA DEP regulations.

Buffers for wetlands.

(1)

Identification.

(a)

Delineation. If the Township reasonably anticipates that wetlands may be present or may be impacted by the proposed development, the Township may require wetlands, as defined and regulated by the Pennsylvania Department of Environmental Protection, the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service to be delineated and shown on any application proposing a new use or expanded use of land.

(b)

Applicant responsibility. The applicant shall be responsible for said delineation and supply to the Township a written report from the individual, partnership, corporation or other entity which performed the wetlands delineation fully describing the methodology used. Notwithstanding receipt of such delineation and report, the Township may require the applicant to submit, at no cost to the Township, an additional wetlands delineation of the site and report as to methodology, from a second source for purposes of verification. In the event of discrepancy between delineations, the applicant shall obtain a jurisdictional determination.

(c)

Jurisdictional determination. The Township may also require that the applicant obtain a Jurisdictional Determination from the U.S. Army Corps of Engineers.

(d)

Certification of no wetlands. If no wetlands are present, the applicant shall provide a certified statement to that effect.

(2)

Wetland buffer required. Wetland buffers shall be provided in accord with Chapter 148 (Stormwater Management).

(3)

Minimum required lot size. See the definition of "lot area, minimum required" for the required deduction of delineated wetlands.

(4)

Protection. No land shall be disturbed within any required buffer area except in accord with Township requirements and the required buffer around the delineated wetland boundary shall be properly fenced to prevent encroachment. Snow fence or other acceptable material shall be used (the use of silt fence is not acceptable). The fence shall be properly installed prior to any site disturbance or issuance of building permits. The fence must be properly maintained until all certificates of use have been issued.

(5)

Common area. The Township may require that significant designated wetlands be retained in a single ownership common area rather than incorporated as additional area in platted lots to facilitate management for maintenance of environmental quality. Owners of the wetland mitigation areas must be clearly identified on the plan.

(6)

Mitigation projects. Compensatory mitigation projects required as part of federal or state permits shall be shown on plans. Future lot or common area owners whose property encompasses all or part of a mitigation area shall be notified that the portion of their property which includes the mitigation area may not be altered, and is considered a jurisdictional wetland by the federal and state governments.

(7)

State and federal regulations. Any approval under this chapter shall be conditioned upon compliance with federal and state wetland regulations. The Board of Supervisors may refuse to approve a plan for recording or delay the issuance of permits until an applicant documents such compliance.

(8)

Liability. No zoning approval granted by the Township shall in any manner be construed to be an approval of compliance by the applicant with any state or federal wetland regulations; and the Township shall have no or responsibility to the applicant or any other person for compliance with said regulations.

Lake and pond buffer.

(1)

Lake and pond buffer required. Lake and pond buffers shall be provided in accord with Chapter 148 (Stormwater Management).

(2)

Minimum required lot size. See the definition of "lot area, minimum required" for the required deduction of lakes and ponds.

Stream buffer.

(1)

Stream buffer required. Stream buffers shall be provided in accord with Chapter 148 (Stormwater Management).

(2)

Minimum required lot size. See the definition of "lot area, minimum required" for the required deduction of streams.

Floodplain. Floodplain shall be governed by Chapter 104 (Floodplain Management).

Sand distance to water. Under no circumstances shall sand be placed in the water of any pond, lake or watercourse or at the water's edge, nor shall sand permitted within five feet of the shoreline or within 10 feet of any drainage ditch or swale unless appropriate permits are obtained.

§ 180-83 Property line buffer areas.

It is the intent of this § 180-83 to preserve the rural character of the Township by requiring the conservation of trees and other vegetation, especially during the land development process, and by requiring property line buffers. This will also minimize the detrimental effects of soil erosion and sedimentation and stormwater run-off. The Township's agricultural and other open land is vital to the rural character of the Township, which is the keystone of the local economy, and the preservation of that character will protect and promote the public welfare. This § 180-83 is not intended to prescribe specific cutting practices; or to prevent or hinder any landowner from realizing financial return from the sale of trees; or to prevent or hinder commercial tree harvesters from operating in the Township. (Note: This § 180-83 shall not apply to agricultural uses and lands owned by the Commonwealth of Pennsylvania or the Pennsylvania Game Commission.)

Natural vegetation. In order to minimize soil erosion and stormwater run-off, and to preserve the rural character of the Township, natural vegetation shall be maintained to the greatest extent possible.

(1)

Clearing of vegetation shall be limited to those areas of the site needed for proposed and required improvements.

(2)

Any part of a site where existing vegetation has been disturbed and which is not used for buildings, structures, loading or parking spaces and aisles, sidewalks, designated storage areas or other improvements shall be provided with an all-season ground cover and shall be landscaped.

(3)

In the case of conditional uses and special exceptions, additional landscaping, screening and/or buffers may be required by the Township where the same are determined by the Township as necessary to protect adjoining uses.

Buffer areas. In addition to the requirements of § 180-83A, the following requirements shall apply to all parcels in R/RC, OS, VC, C and BD/LI Districts:

(1)

Until such time as a development plan is approved for the parcel, a buffer of not less than the district required setback width for principal structures shall be maintained along all property lines and any road right-of-way. Existing vegetation in this buffer area shall not be disturbed except that trees may be harvested to the extent that the basal area of trees in the seventy-five-foot buffer area shall not be reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is higher. Any such reduction shall be by thinning the vegetation across the entire buffer so that the buffer is maintained along all property lines and road rights-of-way. Basal area is the area in square feet per acre occupied by tree stems at 4.5 feet above the ground, normally measured by a calibrated prism or angle gauge.

(2)

Clearing of vegetation and landscaping for a development project shall be in accord with an overall plan to be submitted with the zoning and land development plan application. Such clearing shall not be initiated until the application is approved by the Township. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter 153 (Subdivision and Land Development). The clearing and landscaping plan shall show the type and extent of existing vegetation, the area proposed for clearing and proposed landscaping.

§ 180-84 Grading operations.

The grading of a lot, parcel or any site involving cuts and/or fills with an average depth greater than five feet over an area of one acre or more shall require a conditional use permit when such grading is not part of an approved subdivision or land development plan. When a conditional use permit is required, the following standards and requirements shall apply:

Plan. The applicant shall submit a grading plan and drainage plan and report, prepared by a registered engineer or land surveyor, which include existing and proposed contours with an interval not exceeding two feet at a scale not greater than 50 feet to the inch, and an analysis of existing and proposed conditions.

Stormwater. The proposed grading shall not result in an increase in the rate of stormwater runoff from the site, nor an alteration of the existing points of discharge from the property without the written approval of all affected property owners.

Slopes. No resulting slope shall be steeper than two horizontal to one vertical unless it is constructed according to a suitable design of an alternative slope which has been prepared and certified by a registered professional engineer and accepted by the Township.

Hazardous conditions. The proposed grading shall not result in a condition hazardous to the public. During construction, suitable fences or barriers shall be installed where necessary to maintain the public safety.

Clear zone. The proposed grading shall not adversely affect the "clear zone," as defined by PennDOT, of any public road.

Erosion and sedimentation control. The applicant shall obtain all required approvals for soil erosion and sedimentation from the Carbon County Conservation District and PA DEP and provide copies to the Township.

§ 180-85 Traffic impact study (TIS).

Intent. Traffic impact studies are required for certain activities to enable the Township to assess the effect on the transportation system in and around the Township and to:

(1)

Ensure that proposed uses do not adversely affect the transportation network.

(2)

Identify any traffic problems associated with site access.

(3)

Determine traffic problems on private, Township, county or state roads in the project traffic study area.

(4)

Assist in the protection of the safety of the motoring public, air quality, and energy conservation.

TIS requirement.

(1)

Thresholds. A TIS shall be required for all proposals that are projected to generate 150 or more trip-ends per project peak hour or 1,500 trip-ends or more per day based on the latest edition of Trip Generation published by the Institute of Transportation Engineers. A TIS shall also be required for additions to a use, changes of use and replacements of nonconforming uses that increase the total traffic (i.e., existing plus new traffic) above the peak hour or daily thresholds.

(2)

Other projects.

(a)

The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may also, based upon the nature of a project and potential impacts on the Township, require the developer to prepare and submit to the Township a TIS for the following types of developments and uses:

[1]

Industrial parks.

[2]

Industrial uses.

[3]

Junkyards.

[4]

Mineral extraction including oil and gas wells.

[5]

Mineral processing.

[6]

Agricultural products processing.

[7]

Solid waste facilities and staging areas.

[8]

Warehouses and trucking terminals.

[9]

Concentrated animal feeding operations.

[10]

Transmission pipelines and hazardous liquid pipelines.

[11]

Pipeline compressor stations, metering stations or operation/maintenance facilities.

[12]

Any nonresidential use involving the initial or cumulative disturbance of 87,120 or more square feet of soil surface areas.

[13]

Any nonresidential use involving the initial or cumulative construction, installation and/or placement of 43,560 square feet or more of buildings, structures or other impervious surface areas.

[14]

Any drive-in use.

(b)

The requirements of this § 180-85 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the TIS should such components be deemed unnecessary for certain uses.

Professional requirements. The TIS shall be prepared by a registered professional engineer or transportation planner with verifiable experience in preparing such studies.

Study methodology.

(1)

State roads. In cases where PennDOT requires a TIS for access to a state road, a separate TIS shall not be required by the Township. If PennDOT does not require a TIS and the traffic from the proposed use meets or exceeds the peak hour or daily thresholds, a TIS using PennDOT methodology shall be required.

(2)

Township roads. If a TIS is required for access to a Township road, the TIS shall be prepared in accord with PennDOT methodology.

Kidder Township City Zoning Code

PART 7

§ 180-58 Design of commercial establishments and nonresidential uses.

§ 180-59 Intent and applicability and affidavit.

§ 180-60 Setbacks and buffers.

§ 180-61 Landscaping.

§ 180-62 Operations and storage.

§ 180-63 Fire and explosion hazards.

§ 180-64 Radioactivity or electric disturbance.

§ 180-65 Noise.

§ 180-66 Vibration.

§ 180-67 Lighting and glare.

§ 180-68 Odors.

§ 180-69 Other forms of air pollution.

§ 180-70 Surface and groundwater protection.

§ 180-71 Stormwater management and soil erosion control.

§ 180-72 Waste materials.

§ 180-73 Handicapped access.

§ 180-74 Settling and/or storage ponds and reservoirs.

§ 180-75 Security.

§ 180-76 Water supply.

§ 180-77 Sewage disposal.

§ 180-78 Travel routes.

§ 180-79 Waste containers.

§ 180-80 Other regulations.

§ 180-81 Environmental impact statement.

§ 180-82 Special conservation standards.

§ 180-83 Property line buffer areas.

§ 180-84 Grading operations.

§ 180-85 Traffic impact study (TIS).