Middle Smithfield Township
City Zoning Code
City Zoning Code
ARTICLE VI
Development Options
§ 061-010 Eligibility.
A.
A resort complex/commercial resort development may extend into a zoning district that does not specifically allow a resort complex if the existing/proposed uses within the resort complex are by the underlying regulations of that zoning district that does not specifically allow a resort complex/commercial resort development.
B.
To be eligible for approval as a new resort complex/commercial resort development, the applicant shall submit a master plan ("master plan"), under the conditional use format, as provided for in this chapter. The application shall describe proposed land uses in sufficient detail to document coordinated planning.
C.
Existing resort complex/commercial resort developments.
(1)
Anything to the contrary notwithstanding, the existing resort complex/commercial resort developments, Ski Shawnee Resort Complex and Fernwood Hotel and Resort Complex, approved under the Middle Smithfield Township Zoning Ordinance of 2004 (See § 010-030 of this chapter.), shall be deemed to be in conformity with this chapter to the extent that the uses, lots and structures within such resort complex/commercial resort developments, as existed at the time of the approval as a resort complex/commercial resort development, are within the scope of the master plan submitted under the Middle Smithfield Township Zoning Ordinance of 2004 or are otherwise permitted under the provisions of this division for a new resort complex/commercial resort development. No uses, lots and structures which existed at the time of the approval as a resort complex/commercial resort development or that are within the scope of the master plan submitted under the Middle Smithfield Township Zoning Ordinance of 2004 or that are otherwise permitted under the provisions of this division for a new resort complex/commercial resort development shall be deemed nonconforming as a result of that use, lot or structure not meeting the miscellaneous performance standards and regulations or regulations governing specific uses or other dimensional or performance standards or regulations set forth in this chapter.
(2)
An application for approval to revise the approved master plan of an existing resort complex/commercial resort development is not required to include fully engineered plans if fully engineered plans will be submitted later as part of a subdivision or land development application.
(3)
An existing resort complex/commercial resort development shall, to the maximum extent practicable, coordinate site layout, stormwater management, utilities, trails, parking and traffic access with respect to new development proposed within the resort complex/commercial resort development, provided that redevelopment of existing developed areas shall not be required.
(4)
A revised land development plan shall be required to change or modify uses permitted within the master plan or the underlying zoning district, add uses that are either accessory to uses already approved as part of the master plan or permitted within the underlying zoning district, make structural alterations to the existing resort complex/commercial resort development, relocate uses or construct, reconstruct, alter, expand and/or enlarge structures or develop categories of uses provided for under the original master plan meeting the standards in the initial approval or which uses are permitted in the underlying zoning district, provided building permits and land development approvals, as may be required, are obtained.
(5)
A new/revised conditional use approval shall not be required to add or remove less than 10 acres of land in the aggregate over time to or from the resort complex/commercial resort development, provided that said land is not essential in providing access to or through remaining portions of the resort complex/commercial resort development and is not otherwise essential to meeting minimum development standards.
(6)
A new/revised master plan shall be submitted for approval for the following:
(a)
Adding or removing 10 plus acres of land to or from a resort complex/commercial resort development;
(b)
Adding new types of uses not included in the initial conditional use approval and master plan and which are not permitted in the underlying zoning district;
(c)
Adding land to the resort complex/commercial resort development which is not located within a zoning district in which a resort complex/commercial resort development is permitted; or
(d)
Removing any portion of land from the resort complex/commercial resort development which is essential in providing access to or through remaining portions of the resort complex/commercial resort development and is not otherwise essential to meeting minimum development standards.
§ 061-020 Minimum requirements.
A.
The land area and parcels to be included within a proposed resort complex/commercial resort development shall be determined by the applicant, provided that the resort complex/commercial resort development shall include a minimum of 25 acres in lot area for all lots combined for tax assessment purposes. Smaller noncontiguous lots may also be part of one resort complex/commercial resort development, provided those lots meet the specific lot size requirements of the district and have coordinated traffic access with the resort complex using one or more existing or preapproved accesses as provided in the master plan. Any parcel or land area that does not require access from or through the resort complex/commercial resort development may be excluded.
B.
Nothing herein shall preclude the ownership of individual parcels by different owners, provided such parcels are required to be developed in conformance with the approved master plan for the resort complex/commercial resort development or are to be used for a land use that is not required to be within an approved resort complex/commercial resort development but allowed within the specific underlying zoning district.
C.
Land areas occupied by nonresidential uses and related parking shall not count towards land areas used to determine residential density within the resort complex/commercial resort development.
§ 061-030 Master plan.
A.
To obtain approval of a resort complex/commercial resort development, the applicant shall provide sufficient information to show the feasibility of the development, the methods of traffic access, the approximate locations of various uses by category(ies), as outlined below, and the methods that will be used to buffer uses and nuisances from neighboring dwellings. The master plan shall be submitted in the form of a sketch plan as provided under the Township Subdivision and Land Development Chapter.[1]
B.
An approved master plan may be modified to add and/or subtract land to/from the resort complex/commercial resort development or revise the overall site plan in the manner provided in this chapter.
C.
An application for approval of a new resort complex/commercial resort development is not required to include fully engineered plans if fully engineered plans will be submitted later as part of a subdivision or land development application.
D.
Any new resort complex/commercial resort development submitted for approval after the enactment of this section shall have fully coordinated site layout, stormwater management, utilities, trails, parking and traffic access with other parts of the resort complex/commercial resort development.
§ 061-040 Uses.
A.
A master plan may include a range of uses and use categories to be allowed within various areas and buildings and may also include a range of sizes of buildings. For example, a master plan may provide for a hotel within a certain land area that would be no greater than X square feet with no greater than Y guest rooms and no more than Z feet from the property line. The exact dimensions and size would then be established in the future as parts of a subsequent detailed land development or building permit application and approval, or a master plan may provide for X square feet of various retail uses with the exact dimensions and nature of those uses specified in a subsequent detailed land development or building permit application and approval.
B.
A new or existing resort complex/commercial resort development may, but is not required to, include combinations of the following: a hotel/motel/inn, time-share units, restaurants and other dining facilities, places of worship, commercial and retail facilities and offices, museums, picnic groves, amusement arcades, living history exhibit areas, commercial indoor or outdoor recreation uses, golf courses, golf driving ranges, miniature golf, riding stables, auditoriums, conference facilities, amphitheaters, nightclubs, and other entertainment venues and special events (without limitation as to length of time or annual frequency of individual special events), taverns and other similar uses. All said facilities are not required to be limited to guests or residents of the resort complex/commercial resort development, except as may be covered by state law (e.g., gaming facilities). Gaming/gambling may be allowed as part of the resort complex/commercial resort development if such establishments are licensed by the Commonwealth of Pennsylvania.
C.
Adult uses, as defined in this chapter, are not permitted within a new or existing resort complex/commercial resort development even if permitted in the underlying zoning district.
D.
Any campground may be part of the resort complex/commercial resort development, provided such campground shall meet the requirements for such use.
E.
A senior active adult development may be part of the resort complex/commercial resort development, provided such senior active adult development shall meet the requirements for such use, except as noted herein. Exceptions include the criteria as set forth in § 062-020; § 062-040E, as it relates to private areas for individual units; § 062-040G, such that roads within the resort complex/commercial resort development shall not be offered for dedication to the Township; and § 062-050, such that accessory uses need not be dedicated exclusively to the senior active adult development.
F.
Once a master plan for a resort complex/commercial resort development has been approved, then individual uses listed as allowed in a resort complex/commercial resort development by the conditional use approval shall be permitted by right and may be developed without additional conditional use approval, provided that otherwise applicable building permit and land development requirements are met.
G.
The area encompassing the resort complex/commercial resort development shall be added to the Official Zoning Map as a Resort Complex Overlay District.
§ 061-050 Buffer requirements.
A.
Any nonresidential principal building shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the resort complex/commercial resort development. Within a minimum of 75 feet of any perimeter lot line or street right-of-way of a resort complex/commercial resort development, other than along an arterial or collector street or abutting a commercial use, a buffer shall be maintained. This buffer width may be reduced to 40 feet when abutting the CON District.
B.
The applicant shall demonstrate that any existing healthy trees within this buffer will be maintained and preserved to the maximum extent feasible. It is intended that the removal of trees within a buffer shall be allowed for a necessary approximately perpendicular street, stormwater channel, driveway and utility crossings and to provide safe sight distance and that the buffer will be supplemented as needed and specified by this chapter to serve the intended screening of dissimilar uses. The screening with evergreens, as specified in this chapter, between dissimilar uses (e.g., residential and retail) is not required if the tree buffer would essentially serve the same purpose as an evergreen buffer. Where healthy, mature trees do not exist within this buffer, and if practical, considering soil and topographic conditions, new trees shall be planted within this buffer meeting the specifications of this chapter. The approval of any screening/buffer to remain, be supplemented or be newly planted will be up to the sole discretion of the Board of Supervisors.
§ 061-060 Coverage.
An applicant for a new resort complex/commercial resort development may calculate the maximum building coverage and maximum impervious coverage under the provisions of the miscellaneous performance standards and regulations, as set forth in this chapter, based upon the entire resort complex/commercial resort development, as opposed to each individual lot. However, in that case, appropriate deed restrictions or conservation easements shall be established that are enforceable by the Township to prove that the coverage limitations will be met over time. For example, a golf course on one lot may count towards meeting the impervious coverage limit of a hotel on another lot within the same resort complex/commercial resort development.
§ 061-070 Trails and pedestrian walkways.
A new resort complex/commercial resort development shall include a nonmotorized trail system, which, at a minimum, shall be open to guests, customers and/or residents of the resort complex/commercial resort development. Improved pedestrian walkways shall also be provided between principal uses likely to produce cross visits (e.g., a hotel and restaurant).
§ 061-080 Traffic access.
A.
The number of traffic access points from a resort complex/commercial resort development to an arterial or collector street shall be held to the minimum that is reasonably feasible, considering both immediate and long-term access. Extensions of internal streets, local streets and interconnections of parking areas shall be used to provide the safest traffic access that is feasible with the minimum interruption of traffic flow on existing public streets.
B.
If an internal traffic connection is not feasible immediately, provisions shall be incorporated into each development approval (including, but not limited to, detailed engineering plans and escrow funds to cover the cost of said improvements) to provide for the eventual connection in phases.
C.
The applicant shall demonstrate that a resort complex/commercial resort development includes sufficient access from exterior streets and around buildings and facilities for emergency vehicles.
§ 061-090 Maximum height.
Miscellaneous performance standards and regulations, as set forth in this chapter, shall govern the maximum height of any structures within the resort complex/commercial resort development.
§ 061-100 Density.
A.
The maximum density provisions for dwellings are provided for each zoning district in this chapter. A higher density and/or smaller lot sizes may be possible by using the conservation design development option provisions of Division 63 or the transfer of development rights provisions of the miscellaneous performance standards and regulations set forth in this chapter. The conservation development provisions of Division 63 also include a possible density bonus for age-restricted or time-share dwellings.
B.
If dwellings are located within a resort complex/commercial resort development having an approved master plan that maximizes use of internal roads and interconnected driveways and parking areas, then the maximum total number of dwelling units that otherwise would be allowed may be increased by 10%.
§ 062-010 Use requirements.
A senior active adult development is a residential community for active adults that meets the following requirements:
A.
Comprised of one or more dwelling unit types noted below.
B.
A statement shall also be included with each application for conditional use setting forth what particular features and facilities are being provided to specifically serve the needs and interests of the residents.
C.
Unit occupancy.
(1)
No more than four persons shall occupy a dwelling on a permanent basis, at least one of whom shall be 55 years of age or older. No persons under the age of 19 shall occupy a dwelling for more than three months in a calendar year.
(2)
Declaration of age restriction. At the time of subdivision and/or land development, as a prerequisite to recording of any final plan approved, the developer shall record a declaration against the entire tract, in a form acceptable to the Township, binding all properties and owners to the restriction which shall require the residents of a senior active adult development residing in individual dwelling units within the subject development to be age 55 or older and shall require that any resident of an individual dwelling unit within the senior active adult development under 19 years of age not reside in that unit for more than three months in any calendar year.
§ 062-020 Development design standards.
The following standards shall apply to any senior active adult development. In the event of a conflict or contradiction between any regulation in the Zoning Ordinance or the SALDO[1] the standards set forth in this chapter shall take precedence.
A.
Minimum site area: five contiguous acres.
B.
Maximum site impervious surface ratio, including building coverage: 55% of adjusted tract area as defined elsewhere in this chapter.
C.
Setbacks from property lines: Except as set forth below, no principal or accessory building shall be located closer than 50 feet from any tract boundary or 50 feet from the ultimate right-of-way of existing Township or state streets or highways. A gatehouse/guardhouse may be permitted within the required setback from an existing perimeter street.
D.
Maximum density: In accordance with the following requirements, the maximum density for a senior active adult development shall be based on the proposed housing types that are noted below:
E.
Off-street parking per dwelling unit: As required by this chapter or other regulations of the Township, which may include one or more garage spaces per dwelling unit.
F.
Open space:
(1)
For dwelling types A through G, not less than 60% of the gross area of the tract shall be retained as open space for recreation, leisure activities, resource protection and site amenities. For dwelling type H, not less than 35% of the gross tract area shall be retained as open space for recreation, leisure activities, resource protection and site amenities.
(2)
Open space having a dimension less than 30 feet in width or containing an individual area of less than 15,000 square feet shall not be counted toward the minimum open space requirement.
(3)
Recreation area: Of the open space that is required as part of a senior active adult development, a portion thereof, no less than 600 square feet per dwelling unit, shall be set aside for the community center with associated improvements and recreational uses of the type described below.
(4)
No more than 25% of the required open space may be utilized for central water facilities, central sewage facilities or stormwater management facilities.
(5)
Open space areas shall be interconnected with open space areas on abutting parcels, wherever possible.
(6)
Dedication of open space shall not be required, but any such open space that is not offered for dedication to and/or accepted by the municipality shall be owned and maintained by a homeowners' association.
(7)
Any land designated as open space under regulations of this chapter must be made subject to a deed restriction prohibiting any future development. This shall be clearly noted on the plans and shall also run with the land and be duly recorded in the Monroe County Recorder of Deeds Office.
G.
Pedestrian and vehicular circulation: There shall be provisions for safe and efficient pedestrian and vehicular circulation within the boundaries of the site.
H.
Access to public streets: Provisions shall be made to ensure the safe and efficient ingress and egress to and from public streets and highways serving the site, without causing undue congestion to or interference with traffic flow throughout the region.
I.
Condominiums and lots: The division of land into individual lots is not required; condominium ownership is permitted pursuant to the Pennsylvania Uniform Condominium Act, the Act of July 2, 1980, P.L. 286, No. 82, § 1 et seq., 68 Pa.C.S.A. § 3101 et seq. (the "Condominium Act"), and ownership of real estate or a unit under the Pennsylvania Uniform Planned Community Act, the Act of December 19, 1996, P.L. 1336, No. 180, § 1 et seq., 68 Pa.C.S.A. § 5101 et seq. (the "Planned Community Act"), is also permitted, all as amended from time to time.
§ 062-030 Buffer screening and street boundary requirements.
A.
Buffer. Along all exterior property boundary lines [Note: "Exterior property lines" are defined for purposes of this ordinance as a property line of record bounding the entire senior active adult development from adjoining property not included within or forming part of the senior active adult development and shall be noted as such on the plans.] there shall be a permanent, twenty-five-foot-wide landscape buffer with the following minimum required plantings:
(1)
One flowering (eight to 10 feet in height, minimum) or canopy tree (two to 2 1/2 inches in caliper, minimum) per 40 feet of buffer, on average;
(2)
Plus one evergreen tree (seven to eight feet in height, minimum) per 20 feet of buffer, on average;
(3)
Plus one shrub (24 to 30 inches in height, minimum) per four feet of buffer, on average.
B.
Existing features. All existing deciduous and coniferous trees larger than two inches in caliper and/or eight feet in height may be considered to contribute to the definition of an "existing buffer" on the property. If the amount of existing plant material, which is that size or greater, equals any of the planting requirements, the equivalent reduction of required plant material may be taken, at the sole discretion of the Board of Supervisors. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard, except where clearance is required to insure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
C.
Extensive setbacks. Where principal and accessory buildings are set back at least 250 feet from a property boundary line or existing perimeter street ultimate right-of-way, buffering may not be required, at the sole discretion of the Board of Supervisors.
D.
Maintenance. All required plantings shall be maintained permanently and in the event of death or other destruction, shall be replaced within six months by the party responsible for maintenance when death or destruction occurred.
E.
Buffer landscape plan. A landscape plan shall be submitted with the final plans showing all pertinent information, including the location, size and species of individual trees and shrubs to be preserved or planted; and where appropriate, the landscape plan shall show the general characteristics of existing vegetation masses which are to be preserved.
§ 062-040 General requirements.
A.
Central water and central sewer. All dwelling units and other buildings within a senior active adult development shall be served by a publicly or privately owned central sanitary sewage collection, treatment and disposal system and a central potable water supply, treatment, storage and distribution system.
B.
EMS access. The applicant shall demonstrate that all proposed site and building facilities are accessible to emergency medical service providers.
C.
Conditional use application. The conditional use application shall include the following:
(1)
Appropriate design plans and/or specifications of the entire site shall conform with the requirements for land development.
(2)
Proposed phasing of the entire site plan.
(3)
Sufficient photographs depicting the different character areas within the site.
(4)
Appropriate engineering/planning responses to any identified or suspected site development problems.
(5)
Schematic architectural plans and elevations of the proposed buildings.
(6)
Other related information required to support the application.
(7)
A set of regulations to control such operation, including definition of age and income limitations to be placed upon the residents or their activities, admissions procedures and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents of each housing unit have attained the age of at least 55 years or that families that occupy such units are elderly families (i.e., families whose head of household or their spouses are at least 55 years of age or are under a disability as defined by the Social Security Act[1] or the Developmental Disabilities Services and Facilities Construction amendments,[2] both as amended from time to time). A statement shall also be included with each application setting forth what particular features and facilities are being provided to specifically serve the needs and interest of the residents.
(8)
The plan should also show the proposed sewer and water facilities, as well as other proposed utilities, including, but not limited to, telephone, cable and electric service, common areas, open space delineations and any other proposed improvements.
D.
Common areas and facilities. Provisions shall be made for the perpetual maintenance, care and ownership of all common areas, including streets, driveways, parking areas, walkways, landscaped planting areas, open space, recreation and utility systems, by a homeowners' association or other entity as approved by the Board of Supervisors.
E.
Minimum private area.
(1)
For each townhouse dwelling, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet.
(2)
For each multi-family/apartment dwelling, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 60 square feet.
(3)
Where practical, design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures may include landscaping, compatible fencing, walls and/or earthen berms. All such measures shall be identified by the applicant at the time of conditional use application, shall comply with other applicable Township regulations and shall be subject to review and approval by the Township.
G.
Streets. All private and public streets and accessways shall be built to Township construction standards for public streets. Any and all streets within the senior active adult development may be offered to the Township for dedication, and the Township shall have the sole discretion to accept or reject such offer of dedication.
H.
Mailboxes. Mailboxes shall be located where permitted by the United States Postal Service (USPS), which may include, but shall not be limited to, cluster mailboxes or individual freestanding curbside mailboxes. The location(s) and design(s) of the mailbox facilities and areas shall be clearly detailed on the plans. In instances where the USPS requires cluster mailboxes, elevations and details, to include appropriate safety lighting and shelter structure(s), of the cluster mailbox facilities shall be provided for review and approval by the Township; provided, however, that such approval shall be consistent with applicable requirements of the USPS.
I.
Trash bins. For any multi-family/apartment dwelling, common trash and recycling receptacles shall be provided in locations that are convenient for residents and for collection. Screening (in the form of structures, fencing or dense landscaping) shall be required for all such areas. The location(s) and design(s) of the common trash and recycling areas shall be clearly detailed on the plans. Elevations and details shall be provided for review and approval by the Township.
J.
Lighting plan. An overall lighting plan shall be provided for review and shall be subject to review and approval by the Township.
K.
Utilities. All utilities servicing any and all parts of the Active Adult Senior Development shall be installed underground.
L.
The development shall be located on or have direct access to an existing arterial or collector street. (See Appendix C.[4] No dwelling unit shall have its own access driveway entering onto an existing street. All access shall be from internal streets.
[4]
Editor's Note: Appendix C, Functional Classification of Streets, is included at the end of this chapter.
M.
Each dwelling unit shall contain, at a minimum, all of the following elements:
§ 062-050 Accessory uses.
These uses shall be specifically restricted to serve only the residents of the senior active adult development and their invited guests and shall include one or more of the following uses:
A.
A community center, clubhouse or similar facility consisting of an auditorium, activity rooms, library, physical fitness and therapy center, lounge and similar facilities shall be provided for members of the age-qualified residential community and invited guests, with the minimum size of the clubhouse facility equivalent to at least 75 square feet of interior clubhouse facility building area per dwelling unit for the first 50 dwelling units and an additional 20 square feet of interior clubhouse facility building area per dwelling unit for each dwelling unit thereafter.
B.
Recreation facilities such as, but not limited to, swimming pools, tennis courts, bocce facilities, shuffleboard facilities, putting greens, chip and putt courses, hiking and/or walking trails and other recreational facilities appropriate for Senior Active Adult Communities.
C.
Elevations and details of the proposed recreational facilities shall be provided as part of the land development plan submission.
D.
Parking for the community center/clubhouse shall be provided as required by this chapter or other regulations of the Township.
E.
Guard station and/or mechanical entrance gate.
F.
All of the recreational amenities shall be shown on the preliminary subdivision and/or land development plan plat. The clubhouse shall be completed before 25% of the dwelling units are occupied.
§ 062-060 Housing types.
The following housing types are permitted in each of the zoning districts noted in Article IV of this chapter, when proposed as part of a senior active adult development.
A.
Single-family detached. A single-family dwelling on an individual lot with private yards on all sides of the house and with public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings and/or modular dwellings. No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one family.
(1)
Area and dimensional requirements.
B.
Village house. A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments.
(1)
Each unit shall meet two or more of the following characteristics; provided, however, that the options and in Subsection B(1)(e) and (f) cannot be utilized together to meet the minimum requirements of this ordinance:
(a)
An unenclosed porch, running across at least 3/4 of the house front, being at least seven feet in width.
(b)
A front yard raised above sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.
(c)
A front yard enclosed by a wall or fence of permanent construction at least 30 inches in height and one flowering shrub per 60 inches across the width of the front of the house, on average.
(d)
Hedge of shrubs, planted 18 inches on center for the width of the yard facing the street, and two flowering trees.
(e)
Two canopy trees per lot or three flowering trees per lot. (See landscape requirements herein.)
(f)
One canopy tree, one flowering tree and one flowering shrub per 90 inches for the width of the yard facing the street. (See landscape requirements herein.)
C.
Duplex. A single-family semiattached unit having only one dwelling from ground to roof and only one wall in common with another dwelling unit.
D.
Twin. A single-family semiattached dwelling unit with one dwelling unit located above another dwelling unit. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. There shall be no more than two dwelling units per structure.
E.
Courtyard cluster housing. A group of three to eight single-family detached dwellings with private yards on all sides of the house and with public or community open space. Dwelling units are sited together with a common street access, are closely spaced and share a common front courtyard. Courtyard cluster housing units may be condominiums or units. [Note: The terms "condominium" and "unit," as used herein, shall have the same meaning and definition as utilized in the Condominium Act and the Planned Community Act, as amended.]
(1)
(2)
Dwellings shall be arranged in clusters of any combination of between three and eight dwelling units. The clusters shall have a minimum 25 feet of separation from other clusters. Garages shall be integral with each dwelling unit and cannot be used to meet the minimum required living area.
(3)
All internal motor courts serving each courtyard cluster shall have a minimum paved width of 24 feet for safe and efficient vehicle circulation.
F.
Multiplex. An attached dwelling unit which may be arranged in a variety of configurations: side by side, back to back, or vertically. The dwelling units share a common lot area which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. No less than four or more than six units shall be attached in any structure.
(1)
Area and dimensional requirements.
(a)
Minimum lot area (per building): 8,000 square feet.
(b)
Minimum lot area (per dwelling unit): 2,000 square feet.
(c)
Minimum lot width at setback line (per building): 60 feet.
(e)
Minimum building spacing: 30 feet.
(f)
Minimum required living area per dwelling unit: 750 square feet.
(g)
Maximum building height: 45 feet.
G.
Townhouse. A single-family attached dwelling unit with one dwelling unit from ground to roof, having individual outside access. Townhouse units may be condominiums or units. [Note: The terms "condominium" and "unit," as used herein, shall have the same meaning and definition as utilized in the Condominium Act and the Planned Community Act, as amended.]
(1)
Area and dimensional requirements:
(a)
Minimum lot area (per dwelling unit): 2,000 square feet.
(b)
Minimum lot width at setback line (per dwelling unit): 20 feet.
(d)
Minimum rear yard: 30 feet.
(e)
Minimum building spacing: 30 feet.
(f)
Maximum building length: 192 feet.
(g)
Minimum required living area per dwelling unit: 1,000 square feet.
(h)
Maximum building height: 45 feet.
(2)
Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No less than three and no more than eight dwelling units may be so attached in any one group.
(3)
To create architectural interest in the layout and character of housing fronting streets, various setbacks, materials and design shall be encouraged. In any case, a minimum variation of two feet in setback shall occur at least every third dwelling.
H.
Senior mid-rise. A grouping of dwelling units sharing common elements which are specifically designed for the needs of senior citizens. Shared common elements may include, but are not limited to, entrance areas, corridors and community rooms. A senior mid-rise shall have elevator access to all floors. All units and common areas of the building must comply with current Americans with Disabilities Act (ADA)[1] accessible guidelines.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
§ 063-010 Purpose and intent.
The purpose of the Conservation Development Option is to allow flexible development of areas with sensitive natural features in such a way as to:
A.
Avoid severe soil erosion and sedimentation;
B.
Avoid severely increased stormwater flows and speeds;
C.
Steer development to those areas that are more physically suited for it;
D.
Avoid construction of steep roads that are difficult, time-consuming and expensive to maintain and snowplow;
E.
Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice;
F.
Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats;
G.
Reduce construction costs;
H.
Allow each property owner a reasonable use of his or her land, related directly to the natural features and location and accessibility of the land;
I.
Provide for the preservation of significant areas of preserved open space; and
J.
Recognize that groundwater supplies and the ability of the ground to treat sewage wastes are limited and may become overtaxed if the entire Township is developed in one-acre-minimum lots from end to end.
§ 063-020 Applicability.
This article allows an applicant the option to reduce the minimum lot areas on a tract of land if the applicant proves, to the satisfaction of the Township, that all of the requirements of this section will be complied with. These provisions are intended to allow flexibility in the placement of individual dwelling units in order to locate homes away from important natural areas and other community assets and to preserve open space.
A.
The term "conservation development" shall mean a residential development that meets the requirements of this section and which is approved as a conservation development.
(1)
Uses. Except as specifically allowed otherwise, a conservation development shall only include the following uses: single-family detached dwellings, conservation open space, Township-owned recreation and their customary permitted accessory uses. A mobile/manufactured home shall not be allowed in a conservation development, and a mobile/manufactured home park shall not qualify as a conservation development.
B.
A tract may be eligible for approval for a conservation development if it includes a minimum of four acres of lot area in common ownership, except that such minimum shall be increased to 10 acres in the RR District. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks. This chapter (Table of Use Regulations)[1] shall govern when a conservation development is allowed in a zoning district.
(1)
The minimum amount of conservation open space shall be based upon the total tract area. However, only 50% of land area with slopes greater than 25% shall count towards the minimum amount of conservation open space. Only 50% of land area that includes wetlands shall count towards the minimum amount of conservation open space. Only 50% of land area that is within the one-hundred-year floodplain shall count towards the minimum amount of conservation open space. Therefore, for example, if 10 acres of conservation open space is required, the natural features of the proposed conservation open space must be considered. If the applicant proposed to meet this requirement with 10 acres of land with a slope of over 25%, that would be insufficient. This is because the 10 acres with a slope of over 25% would only be counted as being equal to five acres of conservation open space. As a result, the applicant would need to provide an additional five acres of conservation open space that does not have slopes greater than 25%, is not wetlands nor within the one-hundred-year floodplain.
(2)
Areas that were preserved by a conservation or agricultural preservation easement prior to the submittal of the subdivision shall not be counted towards the tract area or adjusted tract area in calculating conservation open space or allowed density.
(3)
Areas used for a principal nonresidential use (other than uses approved by the Township to be part of the conservation open space) shall not be included within the tract area used to calculate allowed density. Note: Other provisions of this section address when a golf course may be included in the conservation open space.
(4)
Conservation easements shall be established on lots to prevent further subdivision, as necessary, to make sure that the maximum density requirement is met over time. Such conservation easements shall prevent the resubdivision of lots in a manner that would violate this section.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
C.
A conservation development shall be designed as a unified, coordinated residential development and shall be approved within a development plan controlled by a single development entity. After final subdivision approval and within an approved development agreement(s), a developer may sell individual lots to different builders or home buyers, provided that the developer or his/her successor remains responsible for ensuring compliance with the approved development plan.
D.
The application shall be provided to the Planning Commission and Board of Supervisors for review of zoning compliance.
§ 063-030 Density, open space and lot standards.
A.
Density bonuses.
(1)
The maximum number of dwelling units allowed on the tract through conservation development shall be no more than 25% greater than would otherwise be allowed if:
(a)
All dwelling units on the tract would be permanently limited in occupancy to at least one person age 55 and older, with no residents under age 18; or
(b)
All dwelling units on the tract would be permanently limited to being time-share units that are owned by a minimum four different landowners, with no person residing on the premises more than 100 days per year, other than a manager and his/her family.
(2)
The maximum number of dwelling units allowed on the tract through conservation development shall be no more than 10% greater than would otherwise be allowed if the amount of conservation open space equals at least an additional 10% of the adjusted tract area beyond what would otherwise be required. For example, if 50% conservation open space is required in a district, then the density may be increased by up to 10% if at least 60% conservation open space would be provided.
B.
Within a conservation development, except where specifically provided otherwise in this section, the only allowed dwelling units shall be single-family detached dwellings. The following minimum lot areas shall apply, provided that the total maximum density for the tract is not exceeded:
(1)
"On-lot" means on-lot well and sewage systems; "W&S" means service by both Township-approved central water and sewage systems; "sf" means square feet.
Minimum Lot Areas | |||||
|---|---|---|---|---|---|
Zoning District | For Conventional Development: Minimum Lot Area Per Dwelling Unit* (For information purposes. See actual requirements elsewhere in this chapter.) | For Conservation Development: Average Minimum Lot Area Per Dwelling Unit* (For purposes of determining maximum number of dwelling units, see site capacity calculations in this chapter.) | For Conservation Development: Minimum Lot Area Per Dwelling Unit (Without both W&S) | For Conservation Development: Minimum Lot Area Per Dwelling Unit [With either central sewer (Alternative 1) or both W&S (Alternative 2)] | For Conservation Development: Minimum Percentage of Total Tract Area Required To Be In Conservation Open Space |
RR Rural Reserve District | 5 acres | 2 acres | 1 acre** | 21,780 square feet | 50% |
R1 Residential Density | 2 acres | 1 acre | 32,670 square feet** | Alternative 1: 21,780 square feet | 50% |
Alternative 2: 15,000 square feet | |||||
R2 Residential District | 1 acre without central W&S; 21,780 square feet with both W&S | 1 acre without W&S; 15,000 square feet with both W&S | 32,670 square feet** | Alternative 1: 21,780 square feet | 50% |
Alternative 2: 10,000 square feet | |||||
NOTES: | |
|---|---|
* | The maximum number of dwelling units on a tract of land shall be determined based upon the adjusted tract area as provided for elsewhere in this chapter. [Note: To determine the adjusted tract area, percentages of certain features of land are deleted, such as percentages of areas with very steep slopes. The resulting land area is then divided by the minimum lot area (or multiplied by a maximum number of units per acre) to determine the number of allowed dwelling units on the tract.] When determining the minimum lot area per dwelling unit in a conservation development, the required conservation open space is not deducted from the adjusted tract area. The requirement of the adjusted tract area as provided for elsewhere in this chapter is in addition to proving that each lot meets the minimum lot area requirement (which does not by itself require consideration of adjusted tract area). |
** | See the subsection below concerning lot sizes and location requirements for septic and sewage systems. |
C.
Reduction of setbacks and lot widths.
(1)
The following minimum lot widths shall apply for single-family detached dwellings within a conservation development:
Required Minimum Lot Area (square feet) | Minimum Lot Width at Minimum Front Yard Setback Line (feet) | |
|---|---|---|
43,560 or larger | 150 | |
21,780 to 43,559 | 120 | |
15,000 to 21,779 | 100 | |
10,000 to 14,999 | 70 |
(2)
The following minimum yards shall apply for single-family detached dwellings within a conservation development:
Required Minimum Lot Area (square feet) | Minimum Yard Widths (feet) | |||
|---|---|---|---|---|
Front | Each Side | Rear | ||
43,560 or larger | 40 | 20 | 40 | |
21,780 to 43,559 | 30 | 15 | 40 | |
15,000 to 21,779 | 30 | 15 | 30 | |
10,000 to 14,999 | 30 | 10 | 20 | |
D.
Attached dwellings in a conservation development.
(1)
In the R1 or R2 Residential Districts, in addition to single-family detached dwellings, townhouses and duplex dwellings shall also be allowed if they will be served by Township-approved central water and central sewage services. In such case, the townhouses and duplex dwellings shall meet the requirements that are listed in the Table of Area and Dimensional Requirements for Certain Residential Uses in this chapter, except that the following additional requirements shall apply:
(a)
In the R1 district, a minimum of 75% of the total tract area shall be permanently preserved in conservation open space. To determine the maximum density within the subdivision or land development, the adjusted tract area as calculated by this chapter shall be divided by 32,670 square feet to determine the maximum number of dwelling units.
(b)
In the R2 district, a minimum of 60% of the total tract area shall be permanently preserved in conservation open space. To determine the maximum density within the subdivision or land development, the adjusted tract area as calculated by this chapter shall be divided by 21,780 square feet to determine the maximum number of dwelling units.
E.
Utilities. Any lot of less than 32,670 square feet shall be served by Township-approved central sanitary sewerage service. While a central water system is recommended for lots less than 32,670 square feet, they are not required until lots are less than 1/2 acre (21,780 square feet).
(1)
A community septic system drain field shall not be allowed within the conservation open space. Said system must be located on a separate lot that is owned by a community association made up of those lots that are served by the community system. The system shall be professionally operated and maintained, with each homeowner legally bound to fund such system.
(2)
Community water supply wells may be located within the conservation open space. Proper easements shall be required if any community well will be within the conservation open space.
(3)
Spray irrigation or drip irrigation for a community sewage system may be located within the conservation open space, provided the system is professionally operated and maintained.
(4)
Land occupied by a wastewater or water supply treatment plant or storage tank or treatment lagoon shall not be located in the conservation open space. Said facilities must be located on a separate lot that is owned by a community association made up of those lots that are served by the community system.
F.
Conservation development shall not be combined with transfer of development rights.
G.
Subdivision of only part of a tract. This subsection addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this chapter. In such case, the applicant shall provide sufficient conservation open space that corresponds to the portion of the tract that is being used to meet this ordinance requirements.
(2)
The land under the conservation easement shall be a regular shape, such as a rectangle, and shall be located in such a manner as to allow it to adjoin land that could be added under a conservation easement in the future.
(3)
For informational purposes only: The following hypothetical example assumes a lot includes 50 acres, and the calculations under this chapter determine that the applicant for a conservation development is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for 10 new dwellings at the present time, which is 1/3 of the total number of allowed dwellings. In this example, 25 acres of conservation open space would have been needed if the entire tract was developed as single-family detached units. Because only 1/3 of the allowed dwelling units are being approved, then the conservation easement at this time would only need to apply to 1/3 of 25 acres, which is 8.25 acres. The 8.25 acres under the conservation easement would need to be placed on the tract at a location where it could be joined by the remaining 16.75 acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.
§ 063-040 Conditions for approval.
A.
The applicant shall prove that the conservation open space will be suitable for its intended purposes and will comply with the conservation open space requirements.
B.
The applicant shall prove that the proposed conservation development has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands. The applicant shall demonstrate that the site layout was prepared following the four-step design process as provided in the SALDO chapter.[1]
(1)
At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings.
(2)
The natural features of the site shall be a major factor in determining the location of dwelling units and streets.
§ 063-050 Conservation open space uses, design and ownership.
A.
Conservation open space uses and design. Conservation open space shall meet the requirements for conservation open space in the SALDO chapter.[1] Land used to meet the requirements for the minimum amount of conservation open space shall also comply with all of the following standards:
(1)
A conservation development is not required to meet the common open space land or recreation fee requirements of the SALDO chapter.
(2)
Conservation open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the following: construction of buildings (other than as necessary to support maintenance of the open space or agricultural uses); use for any commercial purposes, other than agricultural uses or a golf course; or clear-cut forestry.
(3)
Land approved as conservation open space shall only be used for noncommercial active or passive recreation, a Christmas tree farm, a golf course, a nature preserve, a wholesale plant nursery and/or Township-approved agricultural uses. Areas occupied by any buildings or parking lots shall not count towards the minimum conservation open space. In order for a Christmas tree farm or a wholesale plant nursery to count as the minimum open space, trees must be regularly replanted.
(4)
The Township may require the use of conservation easements within a conservation development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.
(5)
Lots and open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.
(6)
Conservation open space shall not permit the use of motorized off-road recreational vehicles or firearm target ranges.
(7)
Underground utility rights-of-way and easements may be located within the conservation open space. Aboveground electric transmission rights-of-way and street rights-of-way may traverse conservation open space but shall not count toward the minimum required conservation open space.
B.
Conservation open space ownership. Land within a conservation development may be permanently preserved as public, semipublic or privately owned conservation open space.
(1)
The Township shall only approve a conservation development if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.
(2)
The method of ownership, use and maintenance responsibilities of conservation open space shall be determined prior to final subdivision or land development approval and shall be acceptable to the Township. Required conservation open space shall be owned by one or a combination of methods that is authorized by the SALDO chapter.
(3)
Legal documents providing for ownership and/or maintenance of conservation open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to approval and recordation of the final plan.
§ 063-060 Steep slopes.
§ 063-070 Access.
A conservation development shall have an interior street system that serves all lots/units within the conservation development.
§ 063-080 Phasing.
The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this section would be met after the completion of any one phase and that the development could properly function without the construction of additional phases.
§ 063-090 Trails.
The Township may require that the developer provide a nonmotorized trail easement and/or construct a trail through conservation open space. If a developer is required to install a trail, it shall be completed prior to the final sale of any adjacent residential lots.
§ 064-010 Purpose.
The purpose of this Airport Overlay District is to create an airport overlay district that considers safety issues around any future airport within the Township and, particularly, the present Stroudsburg-Pocono Airport;[1] regulate and restrict the heights of constructed structures and objects of natural growth; create appropriate zones and establish the boundaries thereof and provide for changes in the restrictions and boundaries of such zones; create the permitting process for use within said zones; and provide for enforcement, assessment of violation penalties, an appeals process and judicial review.
[1]
Editor's Note: Appendix B1, Stroudsburg-Pocono Airport Surface Areas, is included at the end of this chapter.
§ 064-020 Effect on other districts.
The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
§ 064-030 Definitions.
The following words and phrases, when used in this division, shall have the meanings given to them in this section unless the context clearly indicates otherwise.
The highest point of an airport's useable landing area measured in feet above sea level.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at the airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established, if not prevented, as provided for in this chapter and the Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plan 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1,[4] is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller driver aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by this division.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 1,[6] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
[3]
Editor's Note: Figure 1 is included at the end of this chapter.
[4]
Editor's Note: Figure 1 is included at the end of this chapter.
[5]
Editor's Note: Figure 1 is included at the end of this chapter.
[6]
Editor's Note: Figure 1 is included at the end of this chapter.
§ 064-040 Establishment of airport zones.
There are hereby created and established certain zones within the Airport District Overlay, defined in § 064-030 herein and depicted on Figure 1[1] as follows:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
§ 064-050 Permit required; exceptions.
A.
As regulated by Act 164[1] and defined by 14 CFR Part 77.13(a), as amended or replaced, any person who plans to erect a new structure, add to an existing structure or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay district. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 064-060 herein.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
B.
No permit is required to make maintenance repairs to or replace parts of existing structures which do not enlarge or increase the height of an existing structure.
§ 064-060 Variance procedures.
Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
A.
No objection. The subject construction is determined not to exceed obstruction standards, and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
B.
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 064-090, herein, Obstruction marking and lighting.
C.
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant.
§ 064-070 Use restrictions.
Notwithstanding any other provisions of this division, no use shall be made of land or water within the Airport Overlay District in such a manner as to create electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interefere with the landing, takeoff or maneuvering of aircraft utilizing the airport.
§ 064-080 Preexisting nonconforming uses.
The regulations prescribed in this district shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
§ 064-090 Obstructions marking and lighting.
Any permit or variance granted pursuant to the provisions of this division may be conditioned according to the process described in § 064-060 herein to require the owner of the structure or object of natural growth in question to permit the Township, at its own expense, or require the person requesting the permit or variance to install, operate and maintain such marking or lighting as deemed necessary to ensure both ground and air safety.
§ 064-100 Violations and penalties.
Violations and penalties shall be under and subject to the rules and regulations set forth in this chapter.
§ 064-110 Appeals.
Appeals shall be under and subject to the rules and regulations set forth in this chapter.
§ 064-120 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this division and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
§ 064-130 Severability.
If any of the provisions of this division or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this division which can be given effect without the invalid provision or application, and to this end, the provisions of this division are declared to be severable.