Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE XXV
GC Golf Course Overlay
§ 275-174 Declaration of legislative intent.
In expansion of the declaration of legislative intent found in Article I, § 275-2 of this chapter, and the statement of community development objectives found in Article I, § 275-3 of this chapter, it is the intent of this article to recognize the unique nature of golf course development which may be desirable within the Township and to provide suitable recreational facilities not otherwise available. It is specific intent of this overlay zone to allow golf course development as a conditional use in the R-1 District, as an alternative to residential development, but only if it can be demonstrated that the golf course development can be carried out in strict accordance with the objectives of the Township and with due regard for the impact of such use on the environment, and on the health, safety, and welfare of Township residents. Golf course development will be allowed where it can be demonstrated that groundwater and aquatic resources within the Township will be adequately protected. It shall be the further intent of this overlay zone to only allow golf course development when proper safeguards are proposed to reduce the hazards of pesticides, to minimize air pollution and contamination of soil and water, mitigate the adverse impacts brought about by the increase of traffic flow, and to avoid any adverse impact of golf course development upon adjacent land uses. It shall further be the intent of this article to:
A.
Provide for such development in areas consistent with the goals of the Township's Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the Upper Perkiomen Valley Regional Comprehensive Plan, which would be compatible with and protect the existing community character, and which would be located such that they would serve as a transition from existing residential neighborhoods.
B.
Protect the existing vistas into, and rural character of large tracts of undeveloped land in the Township.
C.
Provide for creative use of land in areas where it is desirable to preserve and enhance open space, stream valleys, agricultural land heritage, tree cover, historic buildings, and other natural and man-made amenities.
D.
Otherwise further the stated intent of the R-1 Residential District.
§ 275-175 Permitted uses.
The development of a tract(s) for a golf course with a minimum of 18 holes and a minimum of 6,000 yards in length (as measured from the center of the rearmost tee to the center of the green of each hole) may be permitted in the R-1 District as a conditional use. The following uses may also be permitted if included in the conditional use application:
A.
Clubhouse facility wherein all facilities are limited to usage by players and their guests. No public use facility or operation shall be permitted. The clubhouse shall not exceed 25,000 gross square feet and may include the following uses:
(1)
Locker, shower and rest room;
(2)
Kitchen and dining facilities;
(3)
Snack bar and grill; bar and lounge;
(4)
Conference rooms, meeting rooms and common gathering areas;
(5)
Pro shop;
(6)
Management/membership offices;
(7)
Exercise rooms and fitness equipment;
(8)
Club repair and storage; and
(9)
Golf cart storage.
B.
Accessory uses; provided, however, that such all uses shall be restricted to usage by members and their guests.
C.
Accessory dwellings for grounds keepers and/or security personnel; provided, however, that a maximum of two dwelling units for said purposes may be allowed for any golf course developed pursuant to this article.
D.
No separate memberships or privileges shall be offered for any of the accessory uses or for use exclusively of the clubhouse facilities.
§ 275-176 Conditional use criteria.
The following are the minimum conditional use criteria that shall be applicable to any application to develop a golf course pursuant to the requirements of this article:
A.
A tract or group of tracts (which are contiguous or on opposite sides of a public right-of-way) which are the subject of a single conditional use application shall contain a minimum gross lot area of 190 acres.
B.
The tract or group of tracts required pursuant to Subsection A herein, shall have sufficient frontage on at least one road with a classification of minor collector or higher in accordance with Chapter 215, Subdivision and Land Development, for the accommodation of primary access to the golf course. Said frontage must be sufficient to provide proper sight distance in accordance with Township or state standards (whichever are applicable given the frontage roadway's jurisdiction), and to accommodate all necessary improvements to allow for properly designed improvements, including but not limited to widening, acceleration/deceleration lanes, and turning lanes. The adequacy of the frontage to accommodate said improvements shall be documented in the traffic impact study to be submitted as part of the conditional use application, as discussed in Subsection C herein. Additional road frontage may be provided for a second access/egress road, which may be limited to use as an emergency access. The adequacy of the additional frontage for the second access shall also be documented in the afore-referenced traffic impact study.
C.
A traffic impact study shall be prepared and submitted with an application for development of a golf course. The requirements of § 275-72 of this chapter shall be followed for the preparation of such study.
D.
An Environmental Assessment Statement shall be submitted in accordance with the requirements of § 275-56 of this chapter. In addition, the environmental impact requirements in Subsection E of this section shall also be met; where there is conflict between those and the requirements of § 275-56, those requiring greater detail shall apply.
E.
The applicant for a golf course shall be required to submit an overall land management plan for design, construction, operation and maintenance of the property subject to the conditional use application, which shall be approved by the Board of Supervisors as part of a conditional use. Once approved, the operation and maintenance component shall be resubmitted and reviewed annually by the Township. This plan shall establish base line environmental goals. The plan shall include, but not be limited to, the following:
(1)
Water supply and quality.
(a)
The impact of the proposed golf course on water supply and quality shall be documented. In order to protect the groundwater, a water availability study shall be conducted under the supervision of a Pennsylvania registered professional geologist or engineer trained and experienced in hydrogeology to determine sources of water, how much water is needed for irrigation, and any impacts on groundwater systems. The study shall provide for the preparation of aquifer testing to determine sufficient water supply available for the proposed use. The study shall included a water balance assessment and evaluate gains and losses from the groundwater system. All plans showing irrigation needs and domestic use are to be included in the assessment.
(b)
The applicant shall provide for the monitoring of quantity and quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the number and placement of meters, the number of wells, the timing, duration, and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the Integrated Pest Management Plan (IPM) is approved as part of the conditional use application. The monitoring program shall be consistent with the guidelines established by the Delaware River Basin Commission (DRBC) and the Pennsylvania Department of Environmental Protection (PADEP). The monitoring report shall be submitted to the Township on a monthly basis. The Township shall have the right of reasonable inspection of all meter, pumps and other water/well facilities by an individual designated by the Township.
(c)
A Water Conservation and Management Plan that meets the requirements of the DRBC and PADEP Drought Emergency Operations shall be prepared and filed with the Township, PADEP and DRBC. As part of the conditional use application, the applicant shall document the anticipated annual water demand needs to support an as-of-right development plan in accordance with the R-1 Zoning District. This calculation shall be based on the most current U.S. Census data identifying the number of persons per household and the Pennsylvania Department of Environmental Protection Domestic Wastewater Facilities Manual for average flow per person per day. A golf course's annual consumption of groundwater for all uses shall be limited to a maximum of 80% of the calculated water demand for an as-of-right development.
(d)
A thirty-day notification shall be given to the Township and the DRBC prior to the installation of new wells. Such notice shall be in writing and shall specify the location of the proposed well. A Pennsylvania licensed well driller shall drill all wells and a Water Well Inventory Report shall be completed and filed with the PADEP and the Township.
(e)
An agreement between the Township and the applicant regarding the protection of groundwater shall be entered into as a condition of approval of the conditional use. Said agreement shall establish financial surety to mitigate impacts. The agreement shall be recorded with the Recorder of Deeds, and shall include the following provisions, at a minimum:
[1]
Applicant agrees that if, as a result of the new construction or new use, any protected well is adversely affected or adversely impacted, then the applicant shall alleviate the adverse effect or adverse impact at no expense to the owner of the protected well, so as to furnish a quantity and quality of water at least equal to the quantity and quality of water prior to the new construction or new use.
[2]
Mitigation measures may consist of:
[a]
The provision of an alternate water supply of adequate quantity and quality to the affected protected well owner;
[b]
The provision of financial compensation to the affected protected well owner sufficient to cover the costs of acquiring an alternate water supply of adequate quantity and quality; or
[c]
Such other measures as the affected protected well owner and the applicant mutually agree to be just and equitable under the circumstances present in the particular case.
[3]
The applicant shall establish and maintain a twenty-four-hour, toll-free, emergency telephone hotline. The applicant shall provide the Township and all owners of protected wells with written notice of the emergency telephone number. If the emergency telephone hotline is set up using a third-party service provider, then the applicant shall arrange for a live representative of the applicant to receive notice of the emergency within one-half hour of a message being left with the third-party service provider.
[4]
In the event of an emergency, the applicant shall, at the applicant's expense, provide bottled water to any affected protected well owner within four hours of such owner's reporting of an emergency to the emergency hotline. Bottled water shall be supplied, in sufficient quantities as said owner may require for drinking, cooking, bathing and sanitation, until such time as the applicant mitigates the adverse effect or adverse impact. If the applicant fails to respond within the four-hour period, the Township may, but is not obligated to, take emergency measures and may draw down on the financial security to pay for such emergency measures, without prior notice to the applicant; provided, however, that the Township shall within a reasonable time thereafter provide written notice to the applicant of the emergency measures taken and the amount withdrawn.
(2)
Integrated Pest Management Plan (IPM). As part of the application for conditional use approval, the applicant shall submit Integrated Pest Management Plan (IPM) specific to the operation and management of the golf course. The plan shall be prepared in accordance with the regulations and guidelines established by the Pennsylvania Pesticide Control Act of 1973, as amended,[1] and Chapter 128 of the Pennsylvania Code. The plan shall employ the principles of Integrated Pest Management (IPM), a system that relies on a combination of common sense practices of preventing and controlling pests (e.g., weed, diseases, insects) in which monitoring is utilized to identify pests, damage thresholds are established, all possible management options are evaluated and selected control(s) are implemented. At a minimum, the IPM plan should address the following items:
(a)
A person licensed by the Commonwealth of Pennsylvania as a commercial applicator shall administer the IPM. The applicators license shall be filed with the Township on an annual basis.
(b)
The IPM shall set thresholds for pest problems and use control treatments only when and where the thresholds are exceeded.
(c)
The plan shall include the integration of biological, cultural and chemical control strategies, thereby minimizing irrigation, fertilization and pesticide use. Nonchemical control measures should focus on practices such as the introduction of natural pest (e.g., parasites and predators), utilizing syringing techniques, improving air movement, soil aerification techniques, and fertigation. The selection of chemical control strategies should be utilized only when other strategies are inadequate.
(d)
The plan should identify areas to be maintained and establish no-spray zones near surface water to minimize drift and runoff.
(e)
The plan shall include an agrichemical safety program, including storage, handling and application considerations, as well as disposal. A chemical application and storage record shall be kept by the licensed applicator and shall be submitted annually to the Pennsylvania Department of Agriculture and the Township.
(f)
The IPM plan shall establish a spill prevention and response plan. A hazard communication program shall be formulated to demonstrate how appropriate and timely responses to hazards would be handled between golf course personnel and Township.
(g)
The IPM shall provide measures to prevent groundwater contamination from lakes.
(h)
The plan should include a system to inform golfers and their guests about golf course chemical applications.
(i)
Evaluate results on an ongoing basis and submit an annual survey of the IPM plan and any proposed revisions or modifications thereof to the Board of Supervisors for their review.
[1]
Editor's Note: See 3 P.S. § 111.21 et seq.
(3)
Vegetative management plan. A vegetation management plan for all vegetation on the subject property not covered by the turf management plan shall be prepared. Said vegetation management plan shall include the following:
(a)
An annual maintenance schedule.
(b)
Tree pruning guidelines.
(c)
Tree removal guidelines.
(d)
Tree replacement guidelines.
(e)
Lists of acceptable plants that may be installed on the golf course, by category, with an emphasis on native plants, along with known sources for same.
(f)
Invasive plant removal guidelines.
§ 275-177 Conditional use application requirements.
The following are the minimum requirements applicable to submission of any application to develop a golf course pursuant to the requirements of this article:
A.
Any conditional use application shall be submitted and processed in accordance with the provisions of § 275-60 of this chapter.
B.
Submit an existing conditions survey that shall include the following:
(1)
Streams, ponds and other water bodies.
(2)
Wetlands, vegetation, soils and hydrology.
(3)
Floodplains as defined by this chapter.
(4)
Slope analysis showing slopes up to 15%, 15% to 25% and greater than 25%.
(5)
Existing land cover for the golf course and areas where buildings or structures, driveways, paths, and existing bodies of water are proposed.
(6)
Significant plant and animal habitats including species, last known sighting, and the status and source of the documentation.
(7)
A viewshed analysis showing prominent views into and out of the site.
C.
Submit a conceptual layout of the golf course that shall show the general location of the following items:
(1)
The center lines and safety zones for all golf holes and practice facilities and the general configuration of tees, greens and fairways.
(2)
The vicinity of a clubhouse and other support structures including maintenance and storage buildings, parking, and accessways.
(3)
A general listing of the proposed uses with approximate sizes to be situated within the clubhouse shall be provided.
(4)
The location of wells and ponds for irrigating the golf course and for the potable water supply for users of the golf course facilities.
§ 275-178 Golf course design standards.
In order to maintain natural site features, habitats, and environmentally sensitive areas and to minimize the impact of any golf course upon the Township, golf courses shall be designed in accordance with the following standards:
A.
Minimize the alteration of natural rock outcroppings, riparian areas and other sensitive or critical habitat or environmental features through careful course design and preservation in permanent open space. The golf course layout and design shall employ the terrain and natural features to create a challenge and hazards rather than create hazards through extensive cut and fill of earth.
B.
Design the course for restoration and enhancement of habitats located on the tract.
C.
Utilize restoration and replanting programs to reestablish corridors and linkages between fragmented habitat areas where possible. Identify and avoid natural habitats in communities of special value to threatened and endangered species.
D.
Retain and protect unaltered drainage courses and streams supporting existing natural vegetation to insure the overall integrity of the habitat area.
E.
Vegetated buffer areas of sufficient width shall be installed and maintained to mitigate impact to riparian corridors and other significant habitat areas from runoff from managed turf grass areas, paved areas and other golf course facilities. No drain lines shall discharge directly to water bodies.
F.
Design bridges and elevated boardwalks to minimize impacts to wetland and watercourses. Crossings of watercourses shall use free-span designs where possible.
G.
Establish barriers to discourage golf cart and pedestrian travel off paths within sensitive habitat areas. Provide signage around the edges of such areas designating sensitive habitat.
H.
Present a plan to the Board of Supervisors to show the employment of established best management practices (BMP) to control non-point source runoff pollution during construction and operation of the golf course.
I.
Design an overall drainage system to insure that there is no increase in the amount of velocity of off-site surface water flows.
J.
Reduce the area of fairways by incorporating low-maintenance roughs of less intensively managed turf and no-mow zones in out-of-play areas, where appropriate use meadow and indigenous shrubs that provide habitat for native wildlife and bird species. The placement of nesting boxes is encouraged in areas where no use will threaten nesting animals.
K.
Employ grease traps and other approved technologies at the time of construction and for facilities such as golf cart maintenance or wash areas for maintenance facilities to prevent untreated runoff of surface water.
L.
Golf course turf shall be selected to utilize drought, pest and disease-resistant grass species and/or cultivars for fairways, roughs, tees and greens.
M.
The irrigation system shall be designed to minimize the use of water. Prevailing wind patterns shall be factored into the design of the system. The irrigation system shall be a valve-in-head and shall include a fertigation system.
N.
The stormwater management system shall be designed and utilized to incorporate detention and/or retention ponds to store surface water runoff for use in irrigation of the golf course.
O.
Plumbing in all buildings associated with the golf course shall utilize low-flow water fixtures to minimize use of potable water supply on the site of the golf course facility.
P.
Construction activities of the golf course and buildings/structures thereon shall occur during daylight hours. All equipment utilized in construction shall be properly maintained to limit unnecessary noise levels.
Q.
Any portion of a golf course which crosses a public road shall provide safety signs to warn motorists of golf course player and cart crossings and shall also warn the users of the golf course to yield the right-of-way to motorist on public roads. Striping shall be painted on the roadway indicating the crossing area.
R.
Any fencing or walls visible from roads abutting or running through the golf course or used at entry points shall be constructed of materials that present a natural appearance. Naturalistic designs and arrangement of plant materials shall be used. Landscaping at entry points shall be of a naturalistic design; manicured landscape treatments shall be minimized. Natural looking materials shall be used on all signage and where color is used, muted or earth tones shall be employed.
S.
Gatehouses shall be set back a minimum of 75 feet from the ultimate right-of-way line of abutting roads. Wood and/or stone shall be used to construct these and where color is used, muted or earth tones shall be employed; these color standards shall apply to roof materials as well.
§ 275-179 Setback requirements.
A.
A sufficient buffer shall be maintained between the golf course and adjacent uses. The following setback requirements shall be applicable to any golf course development pursuant to this article:
(1)
The center line of a golf hole measured from the side of the rearmost tee box shall be set back a minimum of 75 feet from a property line or road right-of-way line. The setback distance increases to 150 feet at a point 600 feet away from the center of the rear most tee. The setback remains at 150 feet for the remainder of the hole.
(2)
Where possible, golf holes should be routed so that holes that parallel adjacent properties or roads have the adjacent use to the left of the center line.
(3)
No part of any golf hole (tee, green, fairway, or bunker) shall be any closer than 50 feet from a perimeter property line or road right-of-way. Except as needed for access and road crossings, golf cart paths shall not be located within the fifty-foot buffer.
B.
The above-stated setbacks may be increased or reduced if dense vegetation or topographical conditions warrant adequate protective screening. Any such adjustments in setback shall be reviewed and approved by the Township.
§ 275-180 Supplemental development regulations.
The following additional development regulations shall apply to development of any golf course pursuant to this article:
A.
Existing trails or those planned in accordance with the Township's Open Space and Environmental Resource Protection Plan shall be incorporated into the design of the golf course. All necessary easements to allow public passage over said trails shall be provided to the satisfaction of the Township Solicitor and shall be included on the final plan.
B.
Parking.
(2)
In recognition of the environmental preservation standards that have been established for a development of this type, the use of pervious pavement materials and/or techniques is encouraged. In addition, the use of reserve parking pursuant to § 275-82 of this chapter is encouraged if the required documentation can be provided. Areas for reserved parking and overflow parking shall be identified on the plan by location and surface type.
C.
In the occasion that a special event or tournament is scheduled, a plan for handling such events shall be prepared and submitted to the Township a minimum of four weeks prior to the event. A special event is a golf related activity for a full complement of players (72) and spectators. Said plan shall include provisions for security and crowd control, traffic management, parking, and trash control and removal. A performance bond shall be required to be posted for any special event or tournament in an amount to be determined by the Township. Any permits required for special events shall be secured as required by applicable Township requirement.
D.
Lighting shall be installed in accordance with § 275-55 of this chapter. Lighting may only be installed around a clubhouse, in and around parking areas, at entrances to the site from abutting roadways, along entry drives, tennis courts and swimming pool. Lighting intensity shall be of the lowest level necessary to ensure safety and of a type to curtail any off-site impacts.
E.
Clubhouses and any other buildings (other than gatehouses and existing buildings), driving range, swimming pools, tennis courts and parking areas shall be sited internal to the golf course development, such that they may not be easily seen from an abutting road or adjacent property line, when viewed from ground level and shall not be any closer than 150 feet. Any views of such facilities shall be buffered so that they are substantially obscured.
F.
Signs for a golf course development shall be permitted in accordance with the provisions of § 275-87 of this chapter. Provided, however, that sign coloration and material shall utilize natural looking material with muted colors or earth tones.
G.
Clubhouses and any other buildings shall be designed to be compatible with the area's rural environment and utilize natural looking material. Muted colors or earth tones shall be utilized.
H.
Outdoor facilities will generally be in use during daylight hours. Any lighting of accessory uses shall be turned off by 11:00 p.m. except as necessary for safety or security; any occasional nighttime activities centered around these accessory uses shall also end by 11:00 p.m. Outdoor amplification sound systems are prohibited except for those necessary for public safety announcements.