Nanticoke City Zoning Code
ARTICLE VIII
Supplemental Regulations
§ 500-801 Purpose and intent.
Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and/or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.
§ 500-802.1 Ambulance service, private.
Private ambulance services may be permitted, subject to all the requirements of this chapter, and in accordance with the following provisions. The intent of this section is to regulate private ambulance services which are designed and intended to provide nonemergency medical transportation services.
A.
No ambulance vehicle shall be located closer than 200 feet to any residential structure or residential district;
B.
Three off-street parking spaces shall be required for each ambulance and its crews;
C.
One off-street parking space shall be required for every 300 square feet of floor area occupied by a private ambulance service.
§ 500-802.2 Automobile-related activities.
A.
Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Said buildings shall be equipped with oil containment facilities/equipment which shall prohibit any oil from being discharged upon the ground or into streams, aquifers and/or environment. Refuse and/or waste oil shall be removed from site with disposal required in accordance with governing standards of the Pennsylvania Department of Environmental Protection. Only vehicles to be repaired on the premises or picked up by the vehicle's owner may be stored in the yard area. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:
(1)
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the car wash facility from adjoining properties.
(2)
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
(3)
Outdoor trash dumpsters shall be concealed within an area surrounded by a solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
B.
Automotive sales. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:
(1)
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the facility from adjoining properties.
(2)
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
C.
Gas station, limited-service, gas stations (also includes convenience stores with gasoline sales). Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:
(1)
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the car wash facility from adjoining properties.
(2)
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
(3)
Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height.
(4)
Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than 15 feet from the right-of-way line of the adjoining street. All repair services, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
D.
Car wash.
(1)
The site shall be able accommodate three cars per stall awaiting washing during peak periods so that lines along public streets are avoided. Traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(2)
The facility shall be designed with a water reclamation system. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff. Water used in the operation shall not flow into streets, sidewalks, separated storm sewers or waterways.
(3)
Adequate provisions shall be made for the proper and convenient disposal of refuse.
(4)
Where car wash abuts any R District, the following additional requirements shall apply to the side and rear yard property boundaries:
(a)
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the car wash facility from adjoining properties.
(b)
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
(c)
Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
§ 500-802.3 Banks.
Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Canopies over drive-through areas shall meet all yard setback requirements. The banks with drive-through service shall comply with the lane stacking requirements under § 500-1117 of this chapter.
§ 500-802.4 Boarding/rooming house.
The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.
§ 500-802.5 Bulk fuel storage.
The bulk storage of natural and manufactured gas shall comply with the following requirements:
A.
Storage tanks shall be located not less than 100 feet from any property line and shall be not less than 500 feet from any dwelling, school, church or similar use.
B.
Cylinder filling rooms, pumps, compressors and truck filling stations shall be located 75 feet from all property lines.
C.
The tank storage area shall be fenced with an eight-foot-high industrial gauge fence. If the property abuts on the side or rear property line containing a residence, the property shall be screened from view by a dense growth of evergreens at least five feet in height at the time of planting.
D.
Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations.
§ 500-802.6 Cemeteries.
The property shall not be less than five acres. A structure, grave, or place of permanent burial shall be set back not less than 50 feet from the property line. The cemetery shall be enclosed along all boundaries by fence, wall or shrubbery, or any combination thereof, at least four feet in height. The interior roads shall have a minimum width of 15 feet and shall be properly maintained with either gravel or paving.
§ 500-802.7 Club/private lodge.
Buildings utilized for such purposes shall not be less than 40 feet from any property line. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:
A.
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the facility from adjoining properties.
B.
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
C.
Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit (§ 500-1202.2).
§ 500-802.8 Commercial communication antennas (attached to building or structure).
A commercial communication antenna when attached to an existing building or structure shall require approval as a special exception and shall be subject to the following requirements:
A.
Commercial communications antenna shall not be located or permitted on any building or structure located within a residential zoning district.
B.
A commercial communications antenna mounted on a building or other structure shall not exceed eight feet in height above the existing building or structure and shall not exceed three feet in width.
C.
A commercial communications antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. A copy of the subject standards shall be submitted with a zoning permit application along with a graphic depiction of the proposed communications antennas.
D.
The applicant shall provide a copy of its current Federal Communication Commission license.
E.
The applicant shall provide certification and documentation from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, considering wind and other loads associated with such mount or location.
F.
The applicant shall provide evidence of agreements and/or easements necessary to provide access to the building or structure on which the commercial communications antenna is to be mounted.
G.
The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000, per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence.
H.
An antenna mounted upon an existing structure shall be removed by the owner of the same within six months of the discontinuance of its use. The owner shall provide the Zoning Officer with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.
§ 500-802.9 Commercial communication antennas (co-location).
The placement of a commercial communication antenna upon an existing commercial communication tower or an existing public utility transmission tower shall be permitted by right in all nonresidential zoning districts. Said antenna shall be removed by the owner of the same within six months of the discontinuance of its use. The owner shall provide the Zoning Officer with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.
§ 500-802.10 Commercial communications facility.
Commercial communication facilities shall be subject to the following requirements.
A.
Commercial communications antenna.
(1)
Commercial communications antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. A copy of the subject standards shall be submitted with a zoning permit application.
(2)
The applicant shall provide a copy of its current Federal Communication Commission license.
B.
Commercial communication tower.
(1)
A written statement and graphic depiction that describes and depicts the proposed Tower including the type of construction (monopole, lattice tower, guyed tower), tower height and the provision for co-location;
(2)
The submission of not less than three color photos, no smaller than eight inches by 10 inches, taken from locations within a three-mile radius of the proposed site of a communications tower, as selected by the Board and computer-enhanced to simulate the as-built appearance of the tower as it would appear from these locations.
(3)
Certification and documentation from a Pennsylvania-registered professional engineer that the proposed tower will be designed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Pennsylvania Uniform Construction Code and other applicable regulations.
(4)
The name, address, and emergency telephone number for operator of the tower;
(5)
The applicant shall demonstrate, using technological evidence, that the tower must be located where it is being proposed and that it represents the minimum height required to function satisfactorily.
(6)
All new towers shall be engineered and constructed to accommodate at least one other user.
(7)
Unless required by the FAA, no tower may use artificial or strobe lighting. The tower shall be a brownish color (whether painted brown or caused by oxidation or otherwise to lessen its visual impact) up to the height of the tallest nearby trees. Above that height, it shall be painted silver or another color that will minimize its visual impact.
(8)
A tower shall be set back from all property lines a distance that is not less than 120% of the height of the tower as measured in linear feet.
(9)
An applicant proposing the construction of a tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half-mile radius of the proposed tower site be contacted. The applicant shall supply supporting documentation for not selecting an alternate location.
(10)
All guy wires associated with a guyed tower shall be clearly marked at ground level so as to be visible at all times and shall be located within a fenced enclosure. The exposed, aboveground portion of guy anchors shall be no less than 10 feet from the nearest property line.
(11)
No signs shall be mounted on a tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction; provided, however, that a sign shall be affixed to the security fence in an accessible and visible location containing the name and address of the owner of the tower and a twenty-four-hour emergency telephone number.
D.
Decommissioning and restoration requirements. A tower shall be removed from the site within six months of its cessation of use. The applicant shall include the following information regarding decommissioning and removal of the tower and restoring the site:
(1)
The anticipated and/or estimated life of the project;
(2)
The estimated decommissioning costs in current dollars;
(3)
The method and schedule for updating the costs of decommissioning and restoration;
(4)
The method of ensuring that funds will be available for decommissioning and restoration;
(5)
The anticipated manner in which the project will be decommissioned and the site restored.
(6)
The applicant shall provide an appropriate and adequate demolition bond for purposes of removing the tower in case the applicant fails to do so as required above. Proof of this bond shall be provided each year and shall be a continuing condition for the life of the project.
(7)
The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.
§ 500-802.11 Contractors' storage yards.
Commercial or industrial uses utilizing outdoor storage space of more than 1,000 square feet shall be located on a tract of land not less than two acres. Supplies stored outdoors shall be neatly arranged and no required yard setback areas shall be used for storage. There shall be a roadway 14 feet in width provided for every 40 linear feet of stored materials. The roadway shall be kept passable for firefighting equipment. Where such use abuts any residential district, the following requirements shall apply to the side and rear yard property boundaries:
A.
Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the storage area from adjoining properties.
B.
Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.
C.
Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.12 Conversion of existing single-family housing units.
No existing single-family dwelling unit shall be converted into two or more dwelling units or into any nonresidential use in an R-1 Single-Family Residential District.
§ 500-802.13 Conversion of nonresidential structures.
The conversion of a building not constructed for residential use which is located in an R-2 Zone, R-3 Zone or a nonresidential district may be converted into a residential use upon approval of such as a special exception use by the Zoning Hearing Board and subject to the following:
A.
A ratio of one dwelling unit for every 3,500 square feet of lot area; provided that not more than six dwelling units shall be created in the conversion of any such building.
B.
All other applicable requirements of this chapter are met including, but not limited to, the provision of two off-street parking spaces for each dwelling unit created.
§ 500-802.14 Day-care facilities.
All day-care facilities shall comply with the following:
A.
The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth.
B.
Noise and all other possible disturbing aspects connected to such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.
C.
Outdoor play areas and/or recreational area shall be completely enclosed with a fence six feet in height. Outdoor play and/or recreational activities shall be limited to the hours between 10:00 a.m. to 5:00 p.m. local time. The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater.
D.
The applicant shall supply evidence that vehicular traffic congestion will be avoided in pick-up and drop-off points utilized in transporting individuals to and from the facility.
§ 500-802.15 Emergency services facility.
Said facility shall require a minimum lot size of not less than 25,000 square feet. Where the parking area abuts the side or rear property lines of an adjoining residential use, a solid wall or solid opaque fencing eight feet is required. In front of the fence or wall there shall also be a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.16 Entertainment facilities.
Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 25 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.17 Excavation, extraction and processing of minerals, excluding oil and gas.
The intent of this section is to ensure the City is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare. Excavation and extraction of minerals, as defined in Article II, shall be considered a temporary use, subject to the following requirements:
A.
Project narrative. A written report shall be submitted by the applicant that includes the type of minerals proposed to be excavated, extracted, and/or removed from the site, the volume of such material and the maximum length of time associated with the proposed operation based upon the stated volume of material. Said narrative shall also describe normal, daily operational features performed upon the site, including, but not limited to, proposed hours of operation, anticipated noise levels, and the type and volume of truck traffic to be generated with the proposed traffic routes to and from the site.
B.
Map. Submission of a map or maps at a scale of not greater than one inch equals 50 feet that outlines the entire property and the proposed area subject to excavation, extraction, and/or removal of minerals. Said map shall indicate existing contours prior to the start of work, and proposed final contours, including the proposed maximum depth of excavation at all points subject to excavation. Said map or maps shall also contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and public uses within a distance of 500 feet from the perimeter of the proposed use.
C.
Bond, backfilling and fees. The applicant shall provide documentation that all applicable state requirements relative to providing a bond that guarantees the restoration and backfilling of any land proposed to be excavated or otherwise disturbed has been secured.
D.
Insurance. That a certificate of insurance evidencing that the quarry operator has general liability insurance with limits of $500,000 per accident and $1,000,000 in the aggregate for bodily injury and personal injuries, and $1,000,000 per accident and in the aggregate for property damage, be filed with the City; said certificate shall indicate that the City of Nanticoke is listed as an additional insured on the aforementioned policy for losses arising out of the named insured's operations at the site subject to the excavation and/or extraction of minerals.
E.
Distance provisions. The perimeter of any excavation under this section shall comply with the governing provisions of State Surface Mining Conservation and Reclamation Act and/or the Noncoal Surface Mining Conservation and Reclamation Act, as amended.[1]
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq. and 52 P.S. § 3301 et seq., respectively.
F.
Timing:
(1)
If blasting is a necessary part of the excavation/extraction process, and approved by the City Council, blasting shall occur only between the hours of 9:00 a.m. and 4:00 p.m. local time, excluding Saturdays, Sundays and the following holidays:
January 1 |
Memorial Day |
July 4 |
Labor Day |
Thanksgiving |
Christmas |
(2)
All blasting shall be in accordance with regulations promulgated by the Pennsylvania Department of Environmental Protection. The applicant shall provide the City with not less than a twenty-four-hour advance notice.
G.
Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall be not less than 100 feet from both the right-of-way of any public street and the boundary of the subject property with any property located in any zoning district that allows a residence as a principal permitted use; unless a lesser distance is approved for either dimension by the City Council as part of a conditional use approval decision.
H.
Drainage. All excavations shall be adequately drained with the intent to avoid the formation of stagnant pools of water. Adequate measures shall be taken prior to any excavation and fully documented prior to approval of the operation. This is not intended to supersede any reclamation plan approved by the Pennsylvania Department of Environmental Protection.
I.
Compliance with state requirements. Final and/or unconditional approval for excavation, extraction and/or minerals under the provisions of this chapter shall not be issued until the applicant documents that all required licenses and/or permits have been properly secured from the applicable state and/or federal agencies, including but not limited to the Pennsylvania Department of Environmental Protection.
J.
Lighting. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.18 Food processing.
The processing, packaging, dressing and treatment of meat, poultry and fish products shall be conducted wholly within a completely enclosed building. Smoke, noise, or odors affecting adjacent property shall be prohibited.
§ 500-802.19 Forestry activities (timber harvesting).
Forestry as so defined in Article II of this chapter shall be subject to the following requirements.
A.
A forestry management plan shall be prepared and followed for any commercial forestry involving more than two acres. This plan shall be prepared by a professional forester and be consistent with the timber harvesting guidelines of the Pennsylvania Forestry Association.
B.
Clear cutting shall be prohibited except on tracts of less than one acre.
C.
On tracts larger than one acre, at least 20% of the forest cover (canopy) shall be kept, and the residual trees shall be well distributed. At least 20% of these residual trees shall be composed of higher value species as determined by a professional forester.
D.
An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.
E.
The forestry management plan shall include an appropriate method to ensure reforestation, except for areas approved for a permitted use.
F.
Commercial forestry is prohibited on areas with slopes greater than 25% or within the 100-year floodway.
§ 500-802.20 Funeral home.
Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties.
§ 500-802.21 Garden apartments.
A multifamily residential development of garden apartments shall be subject to the following requirements and all other applicable requirements of this chapter:
A.
Minimum lot size shall be two acres.
B.
Minimum lot width shall be 200 feet.
C.
Maximum percentage of building coverage on a lot shall be 40%.
D.
There shall not be more than eight dwelling units per structure.
E.
Minimum front yard setback shall be 50 feet.
F.
Minimum rear yard setback shall be 50 feet.
G.
Minimum side yard setback shall be 50 feet.
H.
Maximum net residential density shall not exceed five units per one acre.
I.
Maximum building height shall not exceed three stories or 35 feet.
J.
Minimum distance between principal structures shall not be less than 35 feet.
K.
Minimum front yard setback for off-street parking areas shall not be less than 30 feet.
L.
Minimum side yard setbacks for off-street parking areas shall be not less than 15 feet.
M.
Minimum rear yard setbacks for off-street parking areas shall be not less than 15 feet.
N.
One and one-half off-street parking spaces shall be provided for each dwelling unit.
[Amended 10-18-2023 by Ord. No. 6-2023]
O.
Unattached accessory structures, such as swimming pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have five-foot side and rear yard setbacks. Attached structures shall have the same setbacks as required for principal structures.
§ 500-802.22 Group residence.
Any party wishing to establish and/or operate a group residence, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:
A.
The maximum occupancy of a group residence shall not exceed eight persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing code standards of the governing code as provided for under the Pennsylvania Uniform Construction Code.
B.
The group residence shall be under the jurisdictional and regulatory control of a governmental entity (county, state, and/or federal).
C.
The applicant and/or operator of a group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.
D.
The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group residence; however, two additional off-street parking spaces shall be provided if there is any required staffing associated with the management and operation of a group residence.
E.
A group residence shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance with the character of the general vicinity in which it is to be located.
§ 500-802.23 Home occupations.
A.
A home occupation shall be subject to all of the requirements of this chapter and the following provisions:
(1)
The occupation shall be carried on wholly indoors and within the principal building or within a building accessory thereto.
(2)
There shall be permitted a sign, not to exceed three feet square feet in surface area, placed flat against the building as a wall sign, and said sign shall not be permitted above the first story level. No other exterior display or exterior storage or any other indication of a home occupation shall be permitted.
(3)
There shall be no maintenance of a stock in trade or show windows or displays or advertising visible outside the premises.
(4)
No articles shall be sold or offered for sale except those which are produced on the premises.
(5)
There shall be no repetitive servicing by truck.
(6)
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(7)
The home occupation shall be carried on only by members of the immediate family residing in the dwelling, plus not more than one additional employee.
(8)
The floor area devoted to the home occupation, regardless of where located upon the lot, shall be equivalent to not more than 20% of the floor area of the principal residential structure, excluding the floor area of any attached garage, hallway and closets.
B.
Among the uses that shall not constitute a home occupation are the following; animal hospital; kennels; funeral parlors or undertaking establishments; antique shop; restaurants; rooming, boarding, nursing or convalescent homes; health facilities; auto repair shops, and grocery stores.
§ 500-802.24 Industrial activities.
In addition to the applicable requirements of this chapter, all industrial activities and uses permitted by right and/or special exception shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agency. All industries are required to supply the County Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.
§ 500-802.25 Junkyards and/or automotive wrecking yards.
All new junk yards and automotive wrecking yards, or the proposed expansion of an existing junk yard and automotive wrecking yard, shall comply with the following:
A.
Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.
B.
Burning of any materials shall be prohibited.
C.
No oil, grease, tires or gasoline shall be burned at any time.
D.
No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.
E.
Whenever any motor vehicle shall be received on such premises as junk, all gasoline, oil, antifreeze, transmission fluid and/or other toxic fluid or hazardous material shall be drained and/or removed said vehicles and disposed of in a manner consistent with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.
F.
The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.
G.
The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A stormwater drainage plan shall be required.
H.
There shall be no stockpiling of motor vehicles or any junk piled higher than four feet.
I.
Fire lanes of a minimum width of 20 feet in width shall be provided for every 40 linear feet of junk, which shall be kept open and unobstructed for proper access for fire fighting equipment and safety purposes.
J.
Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.
K.
All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article II of this chapter. The required fence shall be not closer than 10 feet to any property line.
L.
Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.
M.
All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin.
N.
Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday, from 8:00 a.m. to 4:00 p.m., local time.
O.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.26 Motels and hotels.
Motel and/or hotel uses shall require a minimum lot size of not less than three acres with a lot width of not less than 200 feet.
A.
There shall be more than 10 rooms designed and utilized to accommodate overnight guests.
B.
Fifty percent or more of the gross floor area shall be devoted to sleeping rooms designed and utilized to accommodate overnight guests.
C.
There may be club rooms, ballrooms, and common dining facilities.
D.
In the case of a corner lot, access drives shall be not less than 80 feet from the intersection of any two streets as measured from the intersection of their right-of-way lines.
§ 500-802.27 No-impact home-based business.
A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than the family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.
E.
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.
G.
The business activity shall not occupy more than 25% of the habitable floor area.
H.
The business shall not involve any illegal activity.
§ 500-802.28 Outdoor wood-fired boiler.
An outdoor wood-fired boiler shall be deemed to be an accessory structure permitted and shall only be located within a rear yard of a property. An outdoor wood-fired boiler shall comply with the following standards.
A.
The property must have a lot area of not less than two acres.
B.
A safe flue or chimney shall be provided which has a minimum termination height of 25 feet above the natural ground level upon which the outdoor wood-fired boiler is located and be provided with a spark-arresting device designed and approved for that purpose.
C.
A fan or blower attached to the appliance to increase the efficiency of the outdoor wood-fired boiler.
D.
An outdoor wood-fired boiler shall be located not less than 200 feet from any property line and not less than 40 feet to any principal structure or building located upon the property.
E.
The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase 1 air emission levels of 0.60 pounds of fine particulates per million BTU heat input and qualifies for the EPS's voluntary program.
F.
All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions more restrictive, in which case the manufacturer's instructions shall apply.
G.
The owner of the outdoor wood-fired boiler shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section.
H.
All outdoor wood-fired boilers may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through May 1; and subject to meeting the requirements of this section.
I.
No homemade outdoor wood-fired boilers will be allowed.
J.
Only natural clean wood may be burned in outdoor wood-fired boiler. Regardless of the manufacturer's instructions, an outdoor wood-fired boiler shall not be used to burn any of the following materials:
(1)
Any material that does not meet the definition of clean wood.
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Wet or soggy wood.
(7)
Material containing plastic.
(8)
Material containing rubber.
(9)
Waste petroleum products.
(10)
Paints and paint thinners.
(11)
Chemicals.
(12)
Any hazardous waste.
(13)
Coal.
(14)
Glossy colored paper.
(15)
Construction and demolition debris.
(16)
Plywood.
(17)
Particleboard.
(18)
Salt water driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
K.
All storage of materials to be burnt in the outdoor wood-fired boiler shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
L.
Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.
§ 500-802.29 Outdoor storage (commercial, as a principal use).
Outdoor storage, as defined in Article II, shall be enclosed with a chain link fence eight feet in height. A soil erosion and sedimentation control plan and stormwater drainage plan shall be required for all areas of impervious surface to be provided for such storage. A complete listing of all types of machinery, material and items to be stored therein shall be attached to the required zoning application. No hazardous substance, as so defined in Article II of this chapter, shall be permitted upon the site. Where such storage areas abuts on the side or rear property line of any R District, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the storage area from adjoining properties, shall be constructed and maintained in good condition along such boundary. In front of the fence or wall there shall also be a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.30 Place of worship.
A place of worship, as so defined in Article II of this chapter, shall require a minimum lot size of not less than 25,000 square feet. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.
§ 500-802.31 Public recreational facilities (outdoors).
All such facilities shall conform to the following regulations.
A.
No outdoor recreation activity, excluding walking trails and nature paths, shall be conducted closer than 35 feet to any property line.
B.
Storm drainage from the site shall be channeled to natural drainage courses and away from adjoining properties.
C.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
§ 500-802.32 Public uses and quasi-public uses.
Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being not less than six feet in height along with a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years. Outside lighting shall be directed away from adjacent properties.
§ 500-802.33 Public utility buildings and structures.
Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses:
A.
Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.
B.
A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities.
C.
The provision of any outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted with the application for a zoning permit (§ 500-1202.2).
D.
The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.
E.
A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.
§ 500-802.34 Restaurants and taverns.
Unless superseded by the issuance of a PennDOT highway occupancy permit, access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
§ 500-802.35 Restaurant, fast food.
Unless superseded by the issuance of a PennDOT highway occupancy permit, access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. Lanes shall not cross any principal pedestrian access to the building or site. Drive-up or drive-through service lanes shall be designed in accordance with the stacking requirements of § 500-1117 of this chapter. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
§ 500-802.36 Riparian buffer.
In all zoning districts, a minimum setback of 100 feet from any watercourse (as defined in Article II) shall be required for any form of development and/or improvements. Stormwater detention facilities, floodproofing structures and/or similar devices shall be excluded.
§ 500-802.37 Recycling collection center.
A recycling collection center, as so defined in Article II of this chapter, shall be governed by the following:
A.
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent-enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
B.
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
C.
All outdoor yard areas of a recycling collection center used for the collection of recyclables shall be enclosed with a solid fence not less than six feet in height. Said fence shall be setback not less than 15 from adjoining property lines. The areas on the side of the fence facing an adjoining public right-of-way and/or property boundary shall be planted with evergreen trees. The variety or type of trees shall be subject to approval by the Zoning Hearing Board. Said trees shall be planted not more than eight feet apart and shall be not less than six feet in height at the time of planting. Said trees shall be maintained in good condition, including the replacement of any trees which are damaged, die or otherwise fail to grow. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
D.
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or solid waste operations shall occur.
§ 500-802.38 Sexually oriented business.
A.
No sexually oriented business, as so defined in Article II of this chapter, shall be located not less than 1,000 feet from any of the following uses:
B.
Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a "buffer area" as so defined in Article II of this chapter. The owner of the property shall be responsible to maintain such the buffer area in good condition, including the replacement of any trees, which are damaged, die, are removed by whatever means or otherwise fail to grow. Outside lighting shall be directed away from adjacent properties and shall be included upon the plan required to be submitted for a zoning permit application (§ 500-1202.2).
§ 500-802.39 Single structure with multifamily dwellings.
[Amended 10-18-2023 by Ord. No. 6-2023]
Such structures shall contain a lot area of not less than 2,500 square feet for each dwelling. A minimum lot width of not less than 100 feet shall be required. Each side yard shall have a setback of not less than 15 feet. One and one-half off-street parking spaces shall be provided for each unit. This section shall not apply to single structures with multifamily dwellings in the C-1 Neighborhood Commercial District, except that one and one-half off-street parking spaces shall be provided for each unit.
§ 500-802.40 Townhouses.
Townhouses shall be subject to the following provisions and all applicable provisions of the Nanticoke City Subdivision and Land Development Ordinance:[1]
A.
The maximum density for a townhouse development shall not exceed 12 dwelling units per gross acre.
B.
Minimum lot width shall be 200 feet.
C.
Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40%.
D.
Minimum lot depth per dwelling unit shall be not less than 100 feet.
E.
Minimum lot area per dwelling unit shall be not less than 2,000 square feet.
F.
Minimum front yard setback shall be not less than 30 feet.
G.
No side yard setbacks shall be required for attached interior townhouse units. A minimum side yard setback of not less than 15 feet shall be required only at the ends of the rows of townhouses.
H.
Minimum rear yard setback shall be not less than 30 feet.
I.
Minimum width of each dwelling unit shall be not less than 20 feet.
J.
Maximum building height shall be 2 1/2 stories or 35 feet.
K.
Minimum distance between principal structures shall be not less than 30 feet.
L.
Minimum front yard setback for off-street parking areas shall be not less than 10 feet.
M.
Minimum rear yard setbacks for off-street parking areas shall be not less than 15 feet.
N.
Two off-street parking spaces shall be provided for each dwelling unit.
O.
Unattached accessory structures such as pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have not less than five feet side and rear yard setbacks. Attached accessory structures shall have the same setbacks as required for principal structures.
§ 500-802.41 Warehouse and distribution facilities.
All materials shall be stored within a completely enclosed building and yard areas shall be kept clear of junk, trash or other types of debris. No warehouse activities, including parking and/or loading areas, shall be allowed within 50 feet of any property line.
§ 500-802.42 Warehouse (self-storage).
These facilities may be a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties.
§ 500-802.43 Wind energy conversion system, small ("small WECS").
A.
Design and installation.
(1)
Design safety certification. The design of a small WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer's from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
(2)
All components of a small WECS shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code Uniform.
(3)
Controls and brakes. A small WECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(4)
Electrical components.
(a)
All electrical components of a small WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.
(b)
The maximum turbine power output shall be limited to 10 KW.
(c)
All on-site electrical wiring associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines.
(d)
A small WECS shall not cause disruption or loss of radio, telephone, television or similar signals, and shall be required to mitigate any harm caused by the operation of the system.
(e)
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, or generator where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
(f)
Anchor points for any guy wires for a small WECS shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.
B.
Visual appearance.
(1)
A visual analysis of a small WECS as intended to be installed shall be provided with conditional use. The visual analysis shall include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points.
(2)
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
(3)
A small WECS's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.
(4)
A small WECS shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system:
C.
Lot size, setback and height requirements.
(1)
A small WECS shall be located on a lot with a minimum size of not less than two acres.
(2)
The maximum turbine height for a small WECS that is installed as a freestanding structure shall be as follows:
(3)
Setback requirements. A small WECS that is installed as a freestanding structure shall not be located closer to a property line than 2.5 times the turbine height as measure from the center of the base and/or concrete bad to which it is attached.
(4)
Only one small WECS per legal lot shall be allowed.
D.
E.
Nuisance issues.
(1)
Audible sound from a small WECS shall not exceed 50 dBA, as measured at the perimeter of any property boundary line upon the property which it is located. Methods for measuring and reporting acoustic emissions from the operations of a small WECS shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled "Procedures for the Measurement and Reporting of the Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(2)
Reasonable efforts shall be made to preclude shadow flicker to any building off-site located upon a property not owned by the owner of the small WECS.
F.
Abandonment. A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
§ 500-802.44 Wind energy facility.
A.
Information to be submitted. The applicant for a wind energy facility shall be required to submit the following information:
(1)
The applicant and landowner's name and contact information. Please note that the conditional use application must be signed by both the applicant and the landowner, regardless of any equitable interest or other documentation held by the applicant. Failure to provide an application bearing both signatures will be deemed to be an incomplete submission and shall represent a basis for denying the application.
(2)
The tax map numbers, existing use and acreage of the site parcel.
(3)
A copy of the deed to the property.
(4)
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the generating capacity of the wind energy facility; the number, representative types and height of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(5)
A survey map at an appropriate scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.
(6)
Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the wind turbine, showing compliance with the applicable City Building Code.
(7)
The make, model, picture and manufacturer's specifications, including noise decibels for all level of frequencies. Data pertaining to the wind turbine's safety and stability, including safety results from test facilities. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.
(9)
A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three-mile radius as no smaller than six inches, and the base map used shall be a published topographic map showing man-made features, such as roads and buildings.
(10)
No fewer than four, and no more than the number of proposed individual wind turbines, plus three color photos, no smaller than eight inches by 10 inches, taken from locations within a three-mile radius from the site and to be selected by the City Council, and computer-enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations.
(11)
Copies of all proposed leases required to be secured by the applicant shall be provided, if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan.
(12)
Copies of all easements, existing and proposed, upon the site shall be provided by the by the applicant. Said easements shall be clearly illustrated upon the site plan.
(13)
Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located, including the name and mailing address of the owners of record.
B.
Approval standards. In addition to all other applicable criteria and requirements for approval of a conditional use as set forth in this chapter, the following standards shall apply:
(1)
The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
(2)
To limit unauthorized access, a fence eight feet high with a locking portal shall be placed around the base of the tower of a wind turbine. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
(3)
Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(4)
All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(5)
All power transmission lines from a wind turbine to on-site substations shall be underground.
(6)
Prior to issuance of a building permit, the applicant shall provide the City proof of a level of insurance to be determined by the City Council in consultation with the City's insurer, to cover damage or injury that might result from the failure of a tower or towers of a wind turbine or any other part or parts of the generation and transmission facility. Said insurance must be maintained for the life of the wind energy facility, until such time that all components of the wind energy facility are decommissioned and/or removed.
(7)
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each wind turbine or group of towers and any building, containing emergency contact information, including a local telephone number with twenty-four-hour, seven days a week coverage.
(8)
Any wind energy facility found to be unsafe by the local enforcement officer or agent of the City shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. If any wind energy facility is not operated for a continuous period of 12 months, the City will notify the landowner by registered mail and provide 45 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the City deems the timetable for corrective action as unreasonable, they must notify the landowner and such landowner shall remove the turbine within 120 days of receipt of notice from the City.
(9)
The owner of a wind energy facility shall have it inspected at least every two years for structural and operational integrity by a licensed professional engineer, and shall submit a copy of the inspection report to the City. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide written to the City with a written schedule for the repairs or maintenance.
(10)
A wind energy facility shall comply with all applicable provision under the Pennsylvania Uniform Construction Code and shall secure a building permit from the City of Nanticoke.
C.
Siting and installations. A wind energy facility shall:
(1)
Use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.
(2)
Combine transmission lines and points of connection to local distribution lines.
(3)
Connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.
(4)
All wiring between wind turbines and the wind energy facility substation shall be underground.
(5)
The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's then-current service regulations applicable to wind power generation facilities and shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company.
D.
Setbacks:
(1)
The minimum setback distance between each wind turbine and overhead utility or transmission lines, other wind turbine, electrical substations, meteorological towers, and public roads shall be equal to no less than 1.1 times the sum of proposed structure height plus the rotor radius.
(2)
The minimum setback distance for each wind turbine to any property line shall be not less than 1,500 feet.
(3)
The minimum setback distance for each wind turbine to off-site structures shall be not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of an off-site structures or 1,500 feet, whichever is greater.
(4)
All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
(5)
Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing power line or telephone line.
E.
Nuisance issues:
(1)
Individual wind turbines shall be located so that the level of noise for all level of frequencies produced by wind turbine operation shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(2)
No individual wind turbine shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.
(3)
Reasonable efforts shall be made to preclude shadow flicker to any building on a nonparticipating landowner's property.
F.
Environmental and visual:
(1)
Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.
(2)
The design of the wind turbines buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(3)
Where wind characteristics permit, wind turbines shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.
(4)
The maximum turbine height, as so defined in this chapter, shall not exceed 300 feet.
(5)
Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible.
(6)
Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as a) electrical equipment boxes on or near the ground that can provide shelter and warmth, b) horizontal perching opportunities on the towers or related structures or c) soil where weeds can accumulate.
(7)
A wind turbine shall be set back at least 1,500 feet from any bodies of water including but not limited to lakes, ponds, streams, creeks and rivers.
(8)
All reasonable efforts shall be made to avoid development of sites which contain wetlands. Wind turbine shall be set back not less than 1.1 times the turbine height, from identified wetlands and its delineated boundaries. The above setback distance may be altered based upon the findings under § 500-705, Environmental impact statement, of this chapter.
(9)
Wind energy facilities shall provide conclusive documentation that the location and operation of the proposed facility will not adversely affect the wild life habitat, including but not limited to bats and birds of the region and associated migration routes. Comments from any state and/or federal agency having a jurisdictional review or stewardship over the protection of wildlife shall be required.
G.
Decommissioning and restoration requirements. A wind energy facility and all related components necessary for its operation shall be removed from the site upon its cessation of use. The applicant shall include the following information regarding decommissioning and removal of the wind energy facility and restoring the site:
(1)
The anticipated and/or estimated life of the project;
(2)
The estimated decommissioning costs in current dollars;
(3)
The method and schedule for updating the costs of decommissioning and restoration;
(4)
The method of ensuring that funds will be available for decommissioning and restoration;
(5)
The anticipated manner in which the project will be decommissioned and the site restored.
(6)
The applicant shall provide an appropriate and adequate demolition bond to the City of Nanticoke for purposes of removing the commercial communications tower in case the applicant fails to do so as required above. Proof of this bond shall be provided each year and shall be a continuing condition for the life of the project.
(7)
The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.
§ 500-802.45 Accessory solar energy system (ASES).
[Added 10-2-2024 by Ord. No. 5-2024]
A.
Exemptions. ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modifications to an existing ASES, whether or not existing prior to the effective date of this section that materially alters the ASES shall require approval under this chapter.
B.
Regulations applicable to all ASES.
(1)
ASES are a permitted use in all zoning districts.
(2)
The ASES layout, design and installation shall conform to applicable industry regulations and with all applicable fire and life safety requirements.
(3)
All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent possible.
(4)
The ASES shall be designed to use the energy created primarily for on-site use.
(5)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
(6)
All ASES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
C.
Roof-mounted and wall-mounted accessory solar energy systems.
(1)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(2)
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.
(3)
Wall-mounted ASES shall comply with the building setbacks in the applicable zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
D.
Ground-mounted accessory solar energy systems.
(2)
Freestanding ground-mounted ASES solar panels shall not exceed 15 feet in height above the ground elevation surrounding the systems.
(3)
Coverage. The area beneath the ground-mounted ASES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to stormwater planning.
(4)
Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(5)
If a ground mounted ASES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and returned to environmentally stable condition.
§ 500-802.46 Principal solar energy system (PSES).
[Added 10-2-2024 by Ord. No. 5-2024]
A.
Exemptions. PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modifications to an existing PSES, whether or not existing prior to the effective date of this section that materially alters the ASES shall require approval under this chapter.
B.
Regulations applicable to all PSES.
(1)
PSES are a special exception use in the I-1 General Industrial Zoning District.
(2)
All applications for a PSES shall be considered a land development and shall meet the requirements of this chapter and the City of Nanticoke Subdivision and Land Development Ordinance (SALDO).
(3)
The PSES layout, design and installation shall conform to applicable industry standards, including the PA Uniform Construction Code.
(4)
In addition to the Special Exception Review Criteria found in § 500-1410.2. Provisions for granting a special exception, the Zoning Hearing Board shall also apply the following criteria to the review and approval for PSES:
(a)
A determination that adequate measures have been undertaken by the proponent of the PSES to reduce the risk of accidents caused by hazardous materials.
(5)
A project narrative shall be submitted with the application, including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.
(6)
All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.
(7)
All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways. The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or through mitigation.
(8)
All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
C.
Ground-mounted principal solar energy systems.
(1)
Minimum lot size. The PSES shall meet the lot size requirements of the applicable zoning district.
(2)
Setbacks.
(a)
PSES shall comply with the building setback of the applicable zoning district.
(b)
If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make most efficient use of the project area.
(3)
Height. Ground-mounted PSES solar panels shall not exceed 15 feet in height.
(4)
Impervious coverage.
(a)
The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the overall lot coverage requirement.
(b)
Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.
(5)
Buffering.
(a)
Vegetative buffering, to the extent practical, shall be installed around the entire perimeter of the PSES installation, except where the Zoning Hearing Board determines that the retention of existing trees within the vegetative buffering area may constitute the required vegetative buffer or where the Zoning Hearing Board determines that the solar panels cannot be viewed from a public roadway or residential building.
(b)
The vegetative buffering shall be installed along the exterior side of the fencing.
(c)
The vegetative buffering shall achieve a continuous visual barrier reaching six to eight feet in height within two years of planting.
(d)
Widespread use of herbicides to control ground cover growth is prohibited.
(6)
Unless agreed to by easement or right-of-way holder, ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(7)
Security.
(a)
PSES shall meet all NEC security requirements, including required fencing.
(b)
Security measures need to be in place to prevent unauthorized trespass and access.
(c)
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(8)
Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 12 feet.
(9)
If a ground mounted PSES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be returned to an environmentally stable condition.
(10)
Natural resources and historic sites. No PSES shall be located less than 200 feet from any Important Bird Area or migration corridor, National Wetland Inventory wetland, historic site, or lake, dam, ponds or public water supply sources.
D.
Roof-mounted principal solar energy systems. PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.
E.
Local emergency services.
(1)
The applicant shall provide a copy of the project summary and site plan to local emergency services with the SALDO application.
(2)
The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility as part of the land development review and approval.
F.
Maintenance. The PSES owner and/or operator shall repair, maintain and replace the PSES and/or related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
G.
Decommissioning.
(1)
Each PSES and all solar related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(2)
The PSES owner is required to notify the City of Nanticoke immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(3)
The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established time frames, the City of Nanticoke may complete the decommissioning at the owner's expense to include Court costs and reasonable attorney's fees.
(4)
As a condition of final land development approval, the owner shall provide financial security in the form and amount acceptable to the City of Nanticoke to secure the expense of dismantling and removing said PSES.