Lansford, PA Zoning Ordinance

An application for a conditional use permit shall be submitted to the Zoning Officer with a site plan at a scale of not greater than:

One inch equals 50 feet, for properties in excess of one acre.

One inch equals 20 feet, for properties being one acre or less.

Such plan shall, at minimum, indicate:

The location and size of all buildings and structures, both principal and accessory, both existing and proposed.

The location of all off-street parking areas and/or loading areas.

(c)

The location of all open space areas, including buffer areas and fencing, if applicable.

(d)

Traffic access to the site and internal traffic circulation, including the width and pavement of traffic lanes, and aisle widths.

All streets, both public and private, within 200 feet of the site, including the right-of-way and cartway widths.

(f)

Contours of the site for each five feet of change in elevation, if the proposed use includes new construction and/or grading of the site. Also, if applicable, the applicant shall be required to submit a soil erosion and sedimentation plan for review and approval by the Carbon County Conservation District.

(g)

The location, nature and terms of any existing or proposed easements on the site and any easements both on site and off site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easements.

(h)

Streams, ponds, watercourses, wetlands, floodplains or any other type bodies of water, including natural or man-made drainage swales, located on the site or within 100 feet of the site.

(i)

The location of any residential structure within 200 feet of any property boundary line of the subject site.

(j)

The map, block and lot number of the subject parcel, as listed within the Carbon County Recorder of Deeds Office, and a copy of the deed to the subject property.

(k)

A location map, using the Lansford Borough Zoning Map or portion thereof, indicating the relation of the site of the proposed use to its geographic proximity within the Borough.

(l)

The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, and all pertinent operational aspects, features, and/or activities related to the proposed uses or development of the site.

Prior to approving or denying an application for a conditional use, the Borough Council shall conduct a public hearing pursuant to public notice. The Borough Council shall submit the application for the proposed conditional use to the Borough Planning Commission, not less than 30 days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as it may deem appropriate.

The public hearing shall be held and conducted in accordance with the same procedural guidelines which govern the Zoning Hearing Board under Article XV of this chapter. The term "Borough Council" shall replace the term "Zoning Hearing Board" in relevant passages of said article.

The Borough Council shall convene a hearing on a conditional use application within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. The sixty-day time period shall not commence until the applicant has submitted a properly completed application, with all required signatures, applicable supporting documentation, and all required fees.

Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. Any party aggrieved by the schedule or progress of the hearings may apply to the Court of Common Pleas for relief. The hearing shall be completed no later than 100 days after the completion of the applicant's case in chief unless extended for good cause upon application to the Court of Common Pleas.

The Borough Council shall render a final decision on a conditional use application within 45 days following the conclusion of the last public hearing.

If the Borough Council fails to commence, conduct, complete the required hearing as provide for under this Subsection D, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.

The Borough Council shall grant an approval for a conditional use upon its determination that adequate evidence and information has been provided, which indicates the applicant's proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.

§ 465-704 General standards.

The general standards contained herein shall be utilized in the review of applications and plans for any use that is classified as a conditional use.

The proposed use shall not jeopardize the objectives of the community development objectives of this chapter nor shall it adversely affect the health, safety and welfare of the public and/or the environment.

Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.

Existing and future streets and access to the site of the proposed use shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions.

The proposed use shall be compatible with the adjoining development and the character of the zoning district in where it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof.

The proposed use shall not substantially impair the value of other property in the neighborhood where it is proposed to be located.

The proposed use and/or development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the district.

The submission of an environmental impact statement in accordance with § 465-706 of this chapter and all subsections thereunder.

The submission of any reports and/or studies required by the Borough Council within the context of the definition "impact analysis" as contained within Article II of this chapter, which conclusively demonstrate that the proposed use or development will not have a negative impact upon the particular subject or subjects, as defined by the Borough Council, in requiring such reports and/or studies.

The proposed use and/or development shall not be injurious to the public interest.

§ 465-705 Classified conditional uses.

The following uses/developments are classified as conditional uses within Article V of this chapter:

Adult uses.

Conversion of nonresidential buildings in residences.

Heavy industry.

Any use which utilizes and/or stores any hazardous substances.

Automobile wrecking yard/junkyard.

Methadone treatment facility.

Mobile home parks.

Reclamation activities related to coal waste banks and/or strip mined land.

Extraction, excavation and/or removal of minerals, as defined in Article II.

Solid waste facilities.

Trucking facilities.

Wireless communication sites.

Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following:

An initial or cumulative disturbance which equals or exceeds 43,560 square feet of surface area.

An initial or cumulative construction, placement or installation which equals or exceeds 20,000 square feet of buildings, structures and/or other impervious surface area.

§ 465-706 Environmental impact statement.

In addition to all other requirements, an environmental impact statement shall be required for any use/development which is classified as a conditional use. The Borough Council, preceded by a recommendation by the Planning Commission, upon just cause may exempt a conditional use from the submission of an environmental impact statement, in whole or in part; consideration of an exemption, in whole or in part, must be preceded by a written request submitted by the applicant which addresses the basis for the requested exemption and specifically identifies the type and extent of such exemption. The purpose of the environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is designed to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect watercourses, air quality, aquifers and the quality of life throughout Lansford Borough and its environs. An environmental impact statement shall include a response to the following items, and said proposed use/development shall further comply with all other applicable standards and requirements of this chapter:

Soil types.

USDA Soil Types (illustrated upon a map).

Permeability of soil on the site.

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

Surface waters.

Distance of site from the nearest surface water and headwaters of streams.

Sources of runoff water.

Rate of runoff from the site.

Destination of runoff water and method of controlling downstream effects.

Chemical additives to runoff water on the site.

(6)

Submission of a soil erosion and sedimentation control plan meeting the requirements of the Carbon County Conservation District.

(7)

A stormwater management plan which shall be developed in coordination with the soil erosion and sedimentation plan.

Ground cover, including trees.

Extent of existing impervious ground cover on the site.

Extent of proposed impervious ground cover on the site.

Extent of existing vegetative cover on the site.

Extent of proposed vegetative cover on the site.

Topography.

Maximum existing elevation of site.

Minimum existing elevation of site.

Maximum proposed elevation of site.

Minimum proposed elevation of site.

Description of the topography of the site and all proposed changes in topography.

Groundwater.

Average depth to seasonal high water table.

Minimum depth to water table on site.

Maximum depth to water table on site.

Water supply.

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

The projected water requirements (gallons per day - gpd) for the site.

The uses to which the water will be put.

Sewage system.

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

Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals).

Projected daily volumes of sewage.

Affected sewage treatment plant's present capacity and design capacity.

Solid waste.

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

Method of disposal and/or processing of solid waste during and after construction.

Plans for recycling of solid waste during and after construction.

Air quality.

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

Plans for control of emissions affecting air quality.

Noise. Noise levels, above existing levels anticipated to be generated at the site (source and magnitude), during and after construction, and proposed method for control of additional noise on site during and after construction.

§ 465-707 Other governmental approvals.

The applicant shall provide a list of all licenses, permits and other approvals required by county, state or federal law and the status of each.

§ 465-708 Impact of proposed use/development.

The applicant shall define, describe and identify upon a map and/or by written report, when applicable, the items and information required under § 465-706, and subsequent subsections thereunder, of this chapter.

§ 465-709 Adverse impacts/mitigation measures.

Potential adverse impacts.

A description of the potential impact by the proposed development on the items listed below shall be provided:

Existing plant species (upland and marine), and effects thereon.

Existing animal species and effects thereon.

(c)

Existing wild fowl and other birds and effects thereon.

(d)

Effects of drainage and runoff.

Effects on groundwater quality.

(f)

Effects on surface water quality.

(g)

Effects on air quality.

(h)

Alternatives to proposed use/development, consistent with the zoning of the site.

(i)

Effects on sites of historic significance.

(j)

Projected amount and type of traffic to be generated and the effects of the same on public roads and highways.

A statement and/or report of any potential adverse impacts upon the above items shall be provided by the applicant, including but not limited to both:

The means to mitigate adverse impacts and degree of mitigation that can be achieved.

The identification of adverse impacts that cannot be avoided and/or mitigated as a resulting effect of the development.

A determination by the Borough Council of a potential adverse impact that cannot be satisfactorily mitigated shall constitute sufficient basis for the denial of a conditional use permit.

SUPPLEMENTARY REGULATIONS FOR CONDITIONAL USES. See §§ 465-710 through 465-720, which follow.

§ 465-710 Adult uses.

No adult use, as so defined in Article II of this chapter, shall be located less than 500 feet from any of the following uses:

A residential dwelling.

A place of worship.

A public or quasi-public use or structure.

A zoning boundary of any zoning district in which residences are permitted.

Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use to the nearest property line of the above-noted uses. The structure and/or premises of an adult use, including all off-street parking areas, shall be completely enclosed by a fence, not less than eight feet in height, and screened by a variety of evergreen trees, which shall be planted not more than six feet apart and being not less than eight feet in height at the time of planting. The owner of the property shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

§ 465-711 Mobile home parks.

The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of the Lansford Borough Subdivision and Land Development Ordinance.[1] Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park.

All mobile home parks shall have a total land area of not less than five acres of land.

All mobile home parks shall be located on well drained land with the average natural slope not exceeding 10%.

All mobile home parks shall have access to public streets or roads, with the development having a minimum of 300 feet of frontage along a public street or road.

All mobile home parks shall be serviced by a central water supply system and a central sewage disposal system.

Access to mobile home sites shall be from interior driveways, access drives, or private streets and shall not be from public street or roads. Interior roads within a mobile home park shall conform to the design standards for a local road as provided for under the Lansford Borough Subdivision and Land Development Ordinance.[2]

[2]

Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.

Access to mobile home sites shall be from interior driveways, access drives, or private streets and shall not be from public streets or roads. Entrance roads shall have a paved cartway width of at least 24 feet.

Every mobile home site shall be provided with a minimum of two off-street parking spaces.

All mobile home parks shall be provided with pedestrian walkways on at least one side of every street.

The minimum area of land per mobile home site shall be not less than 7,200 square feet with the dimensions being 60 feet by 120 feet. The minimum front, rear and side setback for any mobile home park shall be 100 feet to property's lines. There shall an interior spacing distance of not less than 20 feet from the defined site on which the mobile home is located.

Every mobile home park shall provide a defined recreational site or sites, which shall contain an area of land not less than 5% of the total gross land area within the boundaries of the mobile home park. All recreational sites shall be located in areas that are readily accessible to all residents of the mobile home park. A recreational development plan shall be provided which identifies passive and active recreational features to be provided upon the site, including recreational equipment, play apparatus, benches, and all other features and facilities to be incorporated into the design of the recreational site. The location of the recreational site and the recreational development plan shall be subject to the review and approval of Borough Council. The recreational site must be identified and approved by the Borough Council prior to final approval of the development or expansion of a mobile home park. To guarantee the installation of all improvements to the site, the applicant shall be required to complete the installation of all such improvements prior to receiving an unconditional final approval or to post an irrevocable letter of credit in the amount of 110% of the estimated cost of improvements. The procedures and standards contained within Section 509 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall apply to posting the aforementioned irrevocable letter of credit. The procedures and standards within Section 510 of Act 247, as amended, shall apply to the release of the irrevocable letter of credit upon the completion of the required improvements. The applicant shall be required to reimburse the Borough for any engineering fees associated with the inspection of improvements to the site. Said reimbursement must be paid at the same meeting of the Borough Council at which the applicant seeks final and unconditional approval of said improvements.

Each mobile home site shall be provided with a stand or pad consisting of two concrete strips to accommodate the supporting base or foundation of the mobile home.

Every mobile home in the park shall be enclosed from the bottom of the mobile home to the ground or stand using industry-approved skirting material compatible with the home.

Every mobile home shall be securely anchored or tied-down on at least the four corners and/or in accordance with the manufacturer's recommendations furnished with each home.

The owner/operator of each mobile home park shall provide a refuse disposal plan.

An approved soil erosion and sedimentation plan and a stormwater management plan shall be required prior to the unconditional approval for the development or expansion of a mobile home park.

An approved Department of Environmental Protection planning module shall be required prior to the unconditional approval for the development or expansion of a mobile home park.

[1]

Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.

§ 465-712 Automobile wrecking yards/junkyards.

All new automobile wrecking yards/junkyards, and any proposed expansion of an existing automobile wrecking yard/junkyard, shall comply with the following:

Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.

Burning of any materials shall be prohibited.

No oil, grease, tires or gasoline shall be burned at anytime.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.

Whenever any motor vehicle shall be received on such premises as junk, all gasoline and oil shall be drained and removed therefrom.

(6)

Any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.

(7)

The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for firefighting purposes.

(8)

There shall be no stockpiling of motor vehicles, nor shall there be any junk piled higher than six feet. There shall be a fourteen-foot roadway provided for every 40 linear feet of junk. The roadway shall be kept open and unobstructed for any firefighting equipment and safety purposes.

(9)

Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.

(10)

All automobile wrecking yards/junkyards shall be completely screened from view on all sides by buffer area, as defined in Article II of this chapter.

Such premises may be open for business or any work in connection with the storage, processing band transportation or removal of junk only on Monday through Saturday from 8:00 a.m. to 6:00 p.m., local time.

§ 465-713 Sewage treatment facilities.

The location and operation of a public or private sewage disposal and/or sewage treatment plant shall be in full compliance with the applicable regulations of the Pennsylvania Department of Environmental Protection. Written approval from DEP shall be secured prior to the installation of such facilities. All sewage treatment facilities shall be completely screened from view on all sides by a buffer area, as so defined in Article II of this chapter. No such facility shall be within 200 feet of any existing property line or within 400 feet of any existing residential use.

§ 465-714 Methadone treatment facilities.

A methadone treatment facility shall be located upon a lot having an area of not less than 20,000 square feet, applicable for either new construction or for adaptive reuse of an existing structure.

Any proposed methadone treatment facility shall include with its submission of a zoning permit application a development narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, an MD or a DO, shall be on duty at the facility during the methadone treatment facility's hours of operation.

Any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable Borough, county, state and federal regulations prior to occupancy.

Any methadone treatment facility with direct access and/or frontage along a State Legislative Route shall include with its submission of a zoning permit application, a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall demonstrate the following:

The number of vehicle trips expected to be generated during an average weekday and during both a.m. and p.m. peak hours of adjacent street traffic.

The number and types of vehicles with an origin or destination at the subject site, the need for which is generated by said use.

The routes, roadways or streets to reach the methadone treatment facility.

The impact of the levels of service at intersections within one mile of said methadone treatment facility.

Recommended traffic control devices designed to mitigate the documented impact on adjacent roadways.

A methadone treatment facility shall demonstrate its compliance with supplying the required number of off-street parking spaces as provided for in Article XI of this chapter. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan.

Location.

A methadone treatment facility, as so defined in Article II of this chapter, shall be located not less than 500 feet from any of the following uses:

School.

Public playground.

Public Park.

Residential housing area.

Child-care facility.

(f)

Church.

(g)

Meetinghouse, or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of a methadone treatment facility to the nearest property line of the above noted uses.

If a methadone treatment facility is proposed to be located less than 500 feet from any of the above uses, the following procedure shall apply:

At least 14 days prior to voting on the conditional use application, one or more public hearings regarding the proposed methadone treatment facility shall be convened by the Borough Council subject to public notice.

Not less than 30 days prior to the date of the public hearing, the Borough Council shall provide written notice of said public hearing to all owners of real property located within 500 feet of the proposed location of the methadone treatment facility.

§ 465-715 Wireless commercial communications site.

Structural integrity and safety.

A commercial antenna and support structure for a wireless commercial communication site shall be designed and constructed to meet or exceed all applicable standards of the American National Standards Institute, ANSI/EIA- 222-E manual, as amended, and also to FAA standards for marking and lighting requirements of obstructions to air navigation as set forth within the most recent edition of Advisory Circular AC 70/7460-1H, including any amendments thereto.

A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E manual, as amended, shall be submitted to document and verify the design specifications of the foundation for the commercial antenna and support structure and anchors for the guy wires, if used.

The operational use of a commercial antenna, as so defined within this chapter, including those mounted upon a support structure or to an existing structure, shall comply with all applicable rules and regulations of the FCC and the FAA.

The applicant or owner of a commercial antenna and support structure shall provide a design certificate and an operational certificate prepared by a professional engineer, which certifies compliance with the standards addressed in the above Subsection A(1), (2) and (3). The design certificate shall be submitted with the zoning application for the proposed commercial antenna support and structure. The operational certificate shall include "as-built" drawings and written certification from the applicant's professional engineer that all applicable regulations have been met.

Location, height and setback requirements.

The applicant shall demonstrate, using technological evidence, that the commercial antenna and support structure must be located where it is being proposed and that it represents the minimum height required to function satisfactorily.

A commercial antenna when mounted upon an existing structure, including an existing building, shall not exceed the height of the existing structure by more than eight feet.

A commercial antenna and support structure shall be set back from any property line to a distance that is not less than 150% of the height of the antenna support structure measured in linear feet.

Any building utilized as a component of a commercial enterprise in the collection and/or transmission of telecommunication signals, radio signals, television signals, wireless phone signals or similar signals shall be completely enclosed by a fence, eight feet in height, with such building meeting the setback requirements for the zoning district in which it is located.

A commercial antenna and support structure or an antenna mounted upon an existing structure shall be removed by the owner of the same with six months of the discontinuance of its use. The owner shall provide Lansford Borough with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of the antenna support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.

Site plans.

A site plan in conformance with the governing standards of the Lansford Borough Subdivision and Land Development Ordinance, as amended,[1] shall also be required when the location of a freestanding a commercial antenna support structure represents a described parcel of land subject to a lease within an existing deed of record.

[1]

Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.

A new site plan shall not be required when a proposed antenna is to be located on an existing freestanding commercial antenna support structure.

Supplemental standards and criteria.

The applicant shall demonstrate that the proposed antenna support structure complies with all applicable state and federal standards.

The applicant shall demonstrate that the proposed commercial antenna and its support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris.

All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

A commercial antenna and support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted.

The commercial antenna and support structure shall be a brownish color (whether painted brown or caused by oxidation or otherwise to lessen visual impact) up to the height of the tallest nearby trees. Above that height, it shall be painted silver or other color which will minimize its visual impact.

§ 465-716 Excavation and extraction of minerals.

Excavation and extraction of minerals, as defined in Article II, shall be considered a temporary use, subject to the following requirements:

Project narrative. A written report shall include the type of minerals proposed to be excavated, extracted and/or removed from the site, the volume of such material and the maximum length of time associated with the proposed operation based upon the stated volume of material. Said narrative shall also describe normal daily operational features performed upon the site, including but not limited to proposed hours of operation, noise levels and the type and volume of truck traffic to be generated with the proposed traffic routes to and from the site.

Map. Submission of a map or maps at a scale of not greater than one inch equals 50 feet, which outline the entire property and the proposed area subject to excavation and extraction and/or removal of minerals. Said map shall indicate existing contours prior to the start of work and proposed final contours, including the proposed maximum depth of excavation at all points subject to excavation. Said map or maps shall also contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and public uses within a distance of 500 feet from the perimeter of the proposed use.

Bond, backfilling and fees. The applicant shall provide written documentation that all applicable state and/or federal requirements relative to providing a bond which guarantees the restoration and backfilling of any land proposed to be excavated or otherwise disturbed has been secured.

Insurance. A certificate of insurance with limits of $100,000 per person and $300,000 per accident for personal injuries, and $300,000 for property damage, shall be filed with the Borough Council both for the benefit of all persons who might be injured or suffer property damage as a result of the operations, and to save Lansford Borough and its Officials harmless from any and all claims, suits or demands caused by any operations of the subject use.

Distance provisions. The perimeter of any excavation or extraction area shall not be nearer than 500 feet from any building, property line or street, except that owned by the applicant.

Timing. If blasting is proposed to be included as part of the excavation/extraction process, such approval must be specifically granted by the Borough Council as an element of the conditional use approval. Blasting, if permitted by the Borough Council, shall occur only between the hours of 10:00 a.m. and 2:00 p.m. local time and in accordance with regulations promulgated by and under the supervision of a representative of the Pennsylvania Department of Environmental Protection. In the event of blasting, the applicant shall provide the Borough Supervisors with not less than 72 hours' advance notice.

Location of processing equipment. To reduce airborne dust, dirt and noise, all structures and equipment for sorting, crushing, grinding, loading, weighing, washing and other similar operations shall be not less than 1,000 feet from the right-of-way of any street, and/or 1,000 feet from any property line.

Drainage. All excavation/extraction areas both during operations and after completion shall be adequately drained to prevent the formation of pools of water.

Limitation on land area. At any given time, the active excavation/extraction areas natural resources shall not exceed 10 acres in area on any lot or tract of land. Additional areas may be approved upon the completion and cessation prior approvals.

Compliance with state/federal requirements. Final and/or unconditional approval for excavation, extraction, and/or removal of natural resources under the provisions of this chapter shall not be issued until the applicant documents that all required licenses and/or permits have been properly secured from the applicable state and/or federal agencies, including but not limited to the Pennsylvania Department of Environmental Protection.

§ 465-717 Reclamation activities related to coal waste banks and/or strip-mined land.

The applicant shall provide and/or comply with the following for reclamation of former coal-mined property.

Provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed area subject reclamation activities.

Provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed reclamation area.

A written plan to control airborne dust, dirt and noise from adjacent properties.

Proposed hours of operation.

Number of years and/or months to complete all reclamation activities.

Statement of proposed reuse of site upon completion of all reclamation activities.

A soil erosion and sedimentation control plan, approved by the Carbon County Conservation District, unless said agency provides written notification stating the subject activity is exempt from its jurisdiction.

Copies of any and all applications and/or permits, approved or pending approval from any state or federal agency having jurisdiction related to the proposed reclamation activities.

§ 465-718 Solid waste facility.

Standards and criteria. A solid waste facility shall conclusively demonstrate conformance to all of the following items:

The applicant shall provide a comprehensive soil analysis and groundwater report, which shall conclusively demonstrate that the proposed design, construction and operation of the solid waste facility shall not pollute surface water or groundwater, nor otherwise cause any potential health or environmental hazard. Said report shall be jointly signed and certified by the applicant and the consultant who prepares the report, attesting to the accuracy of information and the validity of said report.

The applicant shall sign an agreement prepared by the Borough Solicitor, prior to final approval of the application for a conditional use permit, which shall specify all the terms and conditions of approval, including the Borough's authority to revoke the permit for the violation of any terms and/or conditions under which the application was approved. Prior to formal action to revoke the conditional use permit, the Borough Council shall convene a public hearing, pursuant to public notice, to consider testimony and evidence relative to the alleged violations. Based upon the testimony and evidence provided, the Borough Council shall render a decision.

The land area and/or parcel of land on which the solid waste facility is located shall not exceed 20 acres, whether developed initially or cumulatively.

The applicant for a proposed solid waste facility shall provide conclusive evidence, based upon a mining report, soil analysis, test borings and any other appropriate technical data which conclusively demonstrates that the subsurface conditions beneath any area to be utilized as a landfill is capable of sustaining the bearing load of projected and/or planned quantity of material to be deposited and/or disposed of upon the site. The applicant and the person, party or firm providing such evidence shall jointly sign and certify the accuracy and validity of the information and data which is provided as conclusive evidence.

Any application for a conditional use permit for a solid waste facility which includes the operation of a landfill shall include a proposed reuse of the property and/or area utilized as a landfill upon the cessation of landfill activities. The proposed reuse of the property shall not be inconsistent with the community development objectives provided for in Article I of this chapter and land uses, existing and planned, on property which adjoins the site of the facility.

(6)

The applicant shall be required to create an escrow fund to finance the proposed and planned reuse and development of any area utilized as a landfill based upon the projected life expectancy of any area within the solid waste facility which is utilized as a landfill. Such fund shall be funded while the property is still being used for a landfill with annual increment payments. The annual increment payment shall be based upon the estimated cost of the proposed reuse of the site divided by the number of years which the landfill is expected to operate. Such fund shall be separate and distinct from any funding and/or bonding requirement pursuant to closure activities.

(7)

A solid waste facility may conduct and operate all approved functional aspects within the facility from the hours of 7:00 a.m. to 4:00 p.m. from Monday through Friday. Said facility shall not conduct and/or operate any approved functional aspects associated with the facility on Saturdays, Sundays and all legally recognized holidays by the federal government and/or the Commonwealth of Pennsylvania.

(8)

The entire site of a solid waste facility shall be enclosed with industrial-type gauge fencing which shall be 10 feet in height. All gates shall be closed and locked at the end of business hours. There shall be no advertising of any kind displayed upon the fence.

(9)

No operations and/or activities permitted within a solid waste facility shall be permitted within 1,000 feet of any property line boundary and/or within 2,500 feet of any residences and/or zoning district in which residences are a permitted use.

(10)

All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, trucks, trailers or other containers normally used to transport the materials shall not be permitted unless the aforesaid motor vehicles, trucks, trailers or other containers shall be stored within a completely enclosed building.

(11)

A solid waste facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in treating and/or processing the solid waste. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable regulations and requirements of the Pennsylvania Department of Environmental Protection.

(12)

All stormwater collected on the site shall be treated by the facility's wastewater treatment system. Parking of motor vehicles containing solid waste or motor vehicles which have not been properly cleaned and washed shall only be permitted in completely enclosed buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.

(13)

The owner and/or operator of any solid waste facility shall be required to reimburse Lansford Borough for monitoring the groundwater and surface water in the vicinity of the facility. Water testing by Lansford Borough shall be conducted every three months on any stream within 500 feet of any areas used for the storage or disposal of solid waste, if water drainage from the facility is discharged into said stream. For each testing period, two testing samples shall be collected: one sample shall be taken from the stream at a point upstream of the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well location, if applicable, located on the premises shall also be sampled every three months. All water samples shall be collected and analyzed by an independent party which is a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Borough Supervisors, and the results shall be provided to the owner and/or operator of the subject solid waste facility. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall immediately cease operation until such time as the source of the contamination has been identified and totally corrected.

(14)

The area or areas upon which any permitted operations and/or activities within a solid waste facility are conducted shall be entirely screened. Such screening shall consist of a variety of evergreen trees approved by the Borough Council, planted not more than six feet apart and being not less than eight feet in height at the time of planting. Said screening shall be located not greater than 300 feet from the operations and/or activities which are subject to being screened. The applicant and/or operator of the facility shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die or otherwise fail to grow.

(15)

The applicant shall provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed solid waste facility, including the projected daily volume and tonnage of refuse being accepted for processing and/or disposal.

(16)

The applicant shall submit to the Borough Council a copy of their commercial policy of liability insurance covering third party claims for property damage and personal injury.

(17)

Vehicular access for ingress, egress and regress to a solid waste facility shall be solely limited to private access roads, constructed in accordance to the design standards of a collector street as so provided within Article 8 of the Lansford Borough Subdivision and Land Development Ordinance.[1] Such private access roads shall only have access to a state legislative route with no permitted access to or from any local streets and/or roads.

[1]

Editor's Note: The Borough has adopted the Carbon County Subdivision and Land Development Ordinance by reference.

(18)

The owner and/or operator of a solid waste facility shall provide an emergency response plan to address potential hazards associated with its operations. Said plan shall be submitted for review and comment to the local fire companies which serve Lansford Borough.

(19)

Any solid waste facility which processes sludge, prior to its final disposal, shall be designed to include a liner in accordance with the applicable standards of the Department of Environmental Protection for the liner within a proposed landfill.

(20)

Any solid waste facility which includes incineration shall be designed and operated in a manner to limit emissions by not less than 10% below the applicable allowable emission standards of the Department of Environmental Protection or the Environmental Protection Agency, based upon the more restrictive regulations for reducing and/or limiting air pollution. Any emissions stack or similar structure shall not exceed 100 feet in height.

(21)

The applicant shall, in addition to other required information and data, provide an impact analysis which address the impact of the proposed operation and activities of a solid waste facility in relationship to the following items:

All streets and roads which shall and/or are likely to be utilized for means of access to and from the site, including projected truck traffic which shall be generated in relationship to the projected daily volume of waste being transported to the solid waste facility.

The suitability of the site for the proposed operations and activities of the solid waste facility in relationship to the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features which are located both on site and off site of the facility.

(c)

The impact, both on site and off site, of the proposed operations and activities of the solid waste facility on the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features regarding the degree to which these are protected or destroyed, the tolerance of these resources to the proposed development and any adverse environmental impacts.

(d)

The impact of the proposed operations and activities of the solid waste facility upon any locations and/or structures of historical and/or cultural significance within 3,000 feet to any property boundary line of the facility.