Paradise Township Monroe County
City Zoning Code

Obstructions at road intersections. At the intersection of two or more streets, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the curb level shall be erected, planted or maintained within that triangular area formed by the intersecting right-of-way lines and a line drawn between points each 30 feet distant from the point of intersection.

Rear and side yards. Corner lots shall require a front yard on both road frontages and one yard other than the front yards shall be deemed to be a rear yard. All other lines shall be deemed to be side yards.

Through lots. Where a lot extends through from road to road, the applicable front yard regulations shall apply on both road frontages.

Driveways.

No driveway shall provide access to a lot located in another district, if such lot is used for purposes prohibited in the district in which the driveway is located.

All new driveways shall be constructed to ingress and egress on to the lowest street classification, if possible.

Fence setback exception. No front, side or rear yard setback shall be required for any fence. However, no fence shall interfere with any required sight distance.

Sewage facility setback. All on-site sewage disposal systems, at the toe of berm, permitted for single-family residential use shall be located a minimum of five feet from any property or right-of-way line. All on-site sewage disposal systems permitted for multifamily, resort or commercial uses, having 20 units or fewer, shall be located a minimum of 50 feet from any property line. All other on-site sewage disposal systems shall be located a minimum of 75 feet from any property line. All sewage treatment plants or central sewage disposal facilities shall be located at least 100 feet from any property line.

Well location setback. Any well drilled on a property shall be located at least 10 feet from any side or rear property line, 10 feet from any road right-of-way line and at least 100 feet from any existing or permitted sewage disposal bed.

No structure or building shall be erected closer than five feet from the toe of any elevated sand mound berm nor closer than 10 feet from any disposal area.

§ 160-15 Accessory structures and uses.

Accessory structures and uses shall be located as follows:

Attached accessory buildings. An accessory building attached to a principal building used for residential purposes shall be considered to be part of the principal building.

Detached accessory buildings or structures. Buildings, accessory to residential buildings, that are not attached to the principal building may be located as follows:

Such buildings shall comply with all front yard setback requirements. They shall be a minimum of 25 feet from any side or rear property line in a residential district and a minimum of 20 feet from a side or rear property line in a business district or on any resort property. On nonconforming lots, side and rear yard setbacks may be reduced to the minimum for nonconforming lots as specified in § 160-22A(1).

Such buildings shall be separated from the principal building by at least 10 feet.

Such buildings shall not exceed 35 feet in height.

All fuel storage tanks and air-conditioning units shall be a minimum of 10 feet from any property line.

Nonresidential accessory buildings. Such buildings shall comply with front and side yard requirements for the principal building and shall have a rear yard of at least 20 feet. The outdoor storage of fill or such other type materials shall meet the setbacks of § 160-15B(2) and adequate access, surface runoff and lot coverage must be complied with.

Private outdoor swimming pools. A single private outdoor swimming pool is permitted on the same lot with a residence, subject to the following conditions:

Such pool is for the private use of the residents of the dwelling unit or their guests.

Setback requirements for such pool shall meet the requirements of § 160-15B.

All building setbacks pertaining to pools shall be measured to the vertical wall of the pool.

Storage of vehicles and boats.

Commercial vehicles over 25 feet in length shall be parked in a residential district only if fully screened from adjoining properties.

Any boat, not over 25 feet in length, may be stored, but not used for any purpose, on an occupied lot in a residential district, provided that such boat is not stored within the setback areas.

No trailer, camper or other recreational vehicle shall be parked or stored in any residential district within the building setback lines.

§ 160-16 Off-street parking and loading.

Off-street parking requirements.[1]

[Amended 8-16-2011 by Ord. No. 195]

Off-street parking facilities shall be provided in accordance with the following provisions for each building or use which is erected or established within the Township after the effective date of this chapter. These provisions apply to new uses and to any enlargement or changed portions of existing uses.

All required parking shall be located outside the limits of any street right-of-way, whether public or private.

Parking spaces shall be provided in the number set forth in Schedule II[2] for the uses listed. Reasonable and appropriate parking requirements for uses not listed herein shall be determined by the Planning Commission after due consideration is given to the parking needs of such uses. The intent of this section is to provide adequate parking for all residents, clients, customers and employees.

Editor's Note: Schedule II is included as an attachment to this chapter.

When the computation of parking spaces results in a fraction, the required number of spaces shall be decreased to the last whole number.

When a proposed use contains or includes more than one use, the required number of parking spaces shall be computed by adding together the required number of spaces for each separate use. For uses that require review of new land development plans in compliance with Chapter 131, parking may be shared between different uses only if an applicant can demonstrate that adequate parking exists for both uses when in use.

The requirements of this section shall not apply to any legally existing building or use, unless such building or use is enlarged, rebuilt, reconstructed, altered or remodeled. In these instances, the requirements of this section shall be met to the extent possible without increasing the degree of nonconformance above that which existed on the effective date of this chapter.

Required parking facilities shall be on the same lot or premises as the principal use served, except as follows below.

The collective provision of parking facilities by two or more buildings or uses located on contiguous lots is permitted. The total number of spaces provided shall not be less than the sum of the spaces required for each building or use individually unless an applicant can demonstrate that adequate parking exists for both uses when in use.

All required parking facilities shall be dedicated as such and shall not be used for any other purpose which interferes with its ability to provide parking for the use that it serves.

All required parking facilities shall be provided and maintained as long as the use which it serves continues to exist. Said parking facilities shall not be encroached upon or reduced in any manner. Any reduction in the number of required spaces shall be cause for revocation of the zoning permit.

Guest parking for single-family attached and multifamily residential uses and for mobile home parks shall be within 300 feet of the use which it serves.

Garages may be included as required parking spaces, provided that their use is restricted to the storage of motor vehicles.

Garages must be situate so that they meet all building setback requirements.

Design standards.

Parking facilities shall be designed so that their use does not constitute a nuisance, a hazard or an unreasonable impediment to traffic.

Parking facilities shall be arranged and marked for orderly safe movement.

All parking spaces shall have a minimum stall width of 10 feet and a minimum stall length of 20 feet, except parallel parking spaces which are a minimum of eight feet by 22 feet.

All parking areas shall provide adequate aisles and drives to provide access to the parking spaces. Vehicles should be able to proceed to and from any parking space without requiring the movement of other vehicles.

Aisles within parking areas shall have the following minimum widths:

Parking Angle	One-Way	Two-Way
90°	22 feet	24 feet
60°	18 feet	21 feet
45°	15 feet	18 feet
30°	12 feet	18 feet
Parallel	12 feet	18 feet

Entrance and exit drives shall have the following minimum widths:

Use	Travel Way	Shoulder
Single-family residence	10 feet	N/A
Other use, one-way	12 feet	4 feet
Other use, two-way	20 feet	5 feet

No entrance or exit for any off-street parking or loading area shall be located within 40 feet of any road intersection.

Parking spaces shall be within 150 feet of the residential use which it serves.

Parking facilities for three or more vehicles shall not be designed to require or encourage vehicles to back into a street in order to leave a space.

All parking areas, aisles and drives shall be surfaced with a dustless, durable material, be properly graded to dispose of all surface water and shall be maintained at all times.[3]

Editor's Note: Former Subsections A(14)(k) and (l), regarding parking, which immediately followed this subsection, were repealed 4-3-2017 by Ord. No. 244. This ordinance also renumbered Subsection (m) as Subsection (k).

(k)

Rows of parking spaces are limited to 15 vehicles. Individual parking areas are limited to 60 vehicles.[4]

Editor's Note: Former Subsections A(14)(n) and (o), regarding off-street parking, which immediately followed this subsection, were repealed 4-3-2017 by Ord. No. 244. This ordinance also renumbered Subsections (p) and (q) as Subsections (l) and (m), respectively.

(l)

A passenger vehicle turnaround is required at the end of a dead-end parking area.

(m)

Buffers shall be provided in accordance with Chapter 131 (Subdivision and Land Development), Section 131-34.

[Amended 4-3-2017 by Ord. No. 244]

Editor's Note: See diagram included as an attachment to this chapter.

Off-street loading and unloading.

Every business or building which requires the receipt or distribution of materials or merchandise, by vehicle, shall provide and permanently maintain adequate space for standing, loading and unloading services. One off-street loading space shall be provided for each 15,000 square feet of gross building area or major part thereof.

Access to truck standing, loading and unloading space shall be provided directly from a public street so as to not interfere with public convenience and to permit the orderly and safe movement of truck vehicles.

All loading spaces shall have direct access to the point of entry into the building being served.

Loading spaces required by this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.

The minimum size of all such loading spaces shall be 12 feet by 30 feet with a minimum vertical clearance of 14 feet.

§ 160-17 Exterior lighting.

Lighting objectives.

No light source should create glare.

No light source should be exposed to the eye except those covered by globes.

Lighting should be indirect or surrounded by a shade to hide the light source.

Excess glare will be measured by its nuisance value to adjacent residences.

Lighting design should be an inherent part of the architectural design.

Lighting requirements apply to both area lighting and illuminated signs.

Lighting plan. When exterior lighting is proposed in connection with a use, other than single-family residential, a lighting plan shall be submitted to the Township for approval together with the land use application. All such plans shall be prepared in accordance with the recommendations of the Society of Illuminating Engineers.

Glare. No lighting shall produce glare beyond the property on which the lighting is located. "Glare" is defined as illumination in excess of 0.5 footcandle on adjacent commercial properties and streets and 0.2 footcandle on adjacent residential properties.

Measurement. Lighting levels shall be measured in footcandles with a direct reading, portable light meter. The meter sensor shall be mounted in a horizontal position, not more than six inches above the ground. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light source in question on and then with the same source off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.

All outdoor lighting on the property shall meet the requirements of § 160-17.

Screening is required in compliance with § 160-18.

Noise levels shall comply with the requirements of § 160-19.

A traffic study is required in compliance with § 160-20 if the use will generate traffic that meets the criteria established by PennDOT for a low volume driveway or greater.

Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.

The Applicant must obtain Conditional Use approval pursuant to the provisions of this chapter.

Any additional uses on the lot and all accessory uses shall comply with all additional applicable requirements of this chapter.

Access shall be to a Collector Street or greater.

§ 160-18 Buffers.

[Amended 4-3-2017 by Ord. No. 244]

Purpose. Where required, Buffers shall be used to aid in the transition between neighboring uses that may differ in development intensity and density. Buffers shall be of different types, based upon the relationship between two adjacent land uses. The width of the buffer and the density of required plantings increase as the difference between adjacent land uses increases.

Applicability.

Buffer requirements shall apply to all new construction projects that include (a) nonresidential development and/or (b) multifamily development (three or more dwelling units) and shall comply with the requirements in Chapter 131 (Subdivision and Land Development), § 131-34.

The following are exempt from Buffer requirements:

Agricultural uses in § 160-12A(3);

Any use of a building or structure for which only a change of use is requested, and which requires no structural modifications which would increase its volume, scale or intensity or change of use as defined in Chapter 131 (Subdivision and Land Development, § 131-34C(3) to a higher use class;

One-Family and Two-Family Dwelling Units on individual lots.

Public Streets created as part of a subdivision of land are required to comply with the Street Tree requirements in Chapter 131 (Subdivision and Land Development), § 131-34.

Classes of land uses. There are six different classes of land uses for purposes of determining the type of Buffer required. Classes of land uses and required Buffers are described in Chapter 131 (Subdivision and Land Development), § 131-34C(3).

§ 160-19 Nuisance control.

Purpose. To ensure adequate protection of the residents of the Township against possible negative effects of certain uses, processes or activities applicable to all districts, but particularly to those that permit industrial uses.

Noise control. No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is steady, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or beyond the property boundary of the receiving land use.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential, public space, open space, agricultural or industrial	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	60 50
Commercial or business	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	65 60
Industrial	At all times	70

For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound pressure level regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

Domestic power tools between the hours of 6:00 a.m. and 9:00 p.m.

Construction operations between the hours of 6:00 a.m. and 9:00 p.m.

Agriculture.

Motor vehicle operations.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

The unamplified human voice in residences.

Periodic school activities.

Fumes and gases. No use shall emit fumes or gases in excess of levels permitted by the United States Environmental Protection Agency (USEPA), PADEP or other appropriate regulatory agency.

Dust and other emissions. The emissions of dust, smoke, refuse matter, odor or similar substances or conditions which can cause any spoiling, staining, irritation or damage to persons or property at any point beyond the property line of the use creating the emission are hereby prohibited. A water wagon or other appropriate device shall be used to keep dust to a minimum during mining operations. Any area not accessible by a water wagon shall control dust by other means.

Vibration. No use shall produce physical vibrations in excess of the maximum safe levels established by the PADEP or the United States Bureau of Mines, including the criteria published in the November of 1980 USBM Report of Investigation RI-8507.

The applicant shall supply information to the Township, including the type of equipment to be used, operating times and parameters, etc., to verify proposed compliance with this requirement.

Storage of overburden. No overburden materials shall be stored off-site within the Township. Upon movement of overburden, said overburden shall be immediately either removed entirely from the property where it was generated, placed in berms or placed adjacent to said berms on the interior side of the berm for storage. All such storage areas shall be promptly seeded in such a manner as to prevent erosion and in total compliance with the requirements of PADEP as they may from time to time exist.

Use and storage of explosives. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives.

Blasting schedule publication. Public notice of blasting schedule to be completed prior to initiation of blasting.

All blasting shall be conducted in strict conformity with the requirements of the Department of Environmental Protection as they may from time to time be altered and shall occur only between the hours of 10:00 a.m. to 4:00 p.m., prevailing local time, Monday through Friday, except in extraordinary circumstances such as intervening electrical storms resulting in delay to blasts originally scheduled between the aforesaid hours; in the event of such extraordinary circumstances, the Township shall be promptly notified.

Copies of any routine schedule shall be provided directly or by mail to the Township. Each resident within 1,500 feet of the blasting site who has prior thereto requested blasting notifications in writing shall be notified by telephone of scheduled blast at least two hours prior to such blast.

Any routine blasting schedule shall be republished every 12 months.

Blasting schedule contents.

The blasting schedule shall contain, at a minimum, the following:

Dates and time periods when explosives are to be detonated.

The types of audible warning and all-clear signals to be used before and after blasting.

Methods to be used to control access to blasting area.

A description of possible emergency situations that might prevent blasting at times announced in the blasting schedule, such as rain, lightning, other atmospheric conditions or operator or public safety which may require unscheduled detonation.

Copies of records to be kept in accordance with PADEP Chapter 211.4.6, Storage, Handling and Use of Explosives, shall be provided promptly to the Township upon request. Specifically, the following information may be requested for each blast:

Location, date and time of blast.

Name, signature and license number of blaster in charge.

Type of material blasted.

Number of holes, burden and spacing.

Diameter and depth of holes.

Types of explosives used.

Total amount of explosives used.

Maximum amount of explosives per delay period of eight milliseconds or greater.

Method of firing and type of circuit.

Direction and distance, in feet, to nearest occupied structure, neither owned nor leased by the person conducting blasting or the surface mining operator/owner.

Scaled distance.

Weather conditions.

Direction of wind.

Height or length of stemming.

[15]

Type of delay electric blasting caps used and delay periods used.

Portable toilets required. New residential home construction, and any commercial construction sites where a functional lavatory is not already available, shall be served by a functional and permitted portable toilet.

§ 160-20 Traffic impact study.

[Amended 9-16-2019 by Ord. No. 260]

The purpose of the traffic impact study is to identify traffic and transportation problems associated with the adequacy of the existing transportation network and facilities with regard to safety, volume and capacity and the provision of access to and from and through the site in light of the character and volume of traffic expected to be generated by the proposed use or uses. The traffic impact study is also intended to delineate solutions to such problems or facilities, including the prescription of improvements to be provided by or at the expense of applicant. All new use applications shall include an anticipated number of vehicular trips per day in and out of the new facility. A Traffic Impact Study shall be submitted for every application which involves one or more of the following: generation of greater than 500 new, daily average, weekday average vehicle trips (total of inbound and outbound); generation of 50 or more AM or PM peak hour trips during the peak hour of the adjacent streets or of the development; traffic conditions in the local area including, but not limited to, high accident locations, confusing intersections, or congested intersections; questionable capacity of the existing road system to handle increased traffic, including specific turning movements; and a Traffic Impact Study is required by § 160-12B.

The Traffic Impact Study shall be prepared in accordance with PENNDOT Publications and Procedures for Transportation Impact Studies, Publication 46 Traffic Engineering Manual, and Institute of Transportation Engineers' (ITE) Recommended Practice "Transportation Impact Analyses for Site Development."

Area and scope of traffic impact study. The Traffic Impact Study area and scope shall be based on the characteristics of the surrounding area and the impact of the plan on the area. The intersections to be included in the Study shall be adjacent to the site or have direct impact upon the access to the site. Prior to initiation of the study, the area and scope shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Preparation by transportation engineer required. The Traffic Impact Study shall be prepared by a Professional Engineer registered in Pennsylvania with specific training in traffic and transportation engineering and sufficient prior traffic study experience to qualify the engineer to render any opinions and recommendations in the study.

Horizon year. The traffic forecasts shall be prepared for the anticipated opening year of the development, assuming full build-out and occupancy. The horizon year in the remainder of this Ordinance shall be a minimum of five years after the opening year.

Traffic data, projections and analysis periods.

Traffic data used in the Study shall not be more than one year old.

Estimates of non-site traffic shall be made, and will consist of traffic generated by all other developments within the study area for which Preliminary and/or Final Plans have been approved and traffic from background traffic growth in and around the study area. Traffic generated by other development for which an application has been submitted but not yet approved shall be included at the discretion of the Township. Non-site traffic may be estimated using the "build-up" technique, or, by way of area transportation plan data or modeled volumes. Background growth compounded annually shall be established using the growth rates from PENNDOT.

Analyses shall be conducted for the AM and PM peak hour periods. If the study area includes an intersection on an arterial roadway, or if the proposed development includes retail related uses, then the Saturday peak hour period shall also be analyzed. Where the peak hour of the generator does not coincide with the peak hour of the adjacent street, then the peak hour(s) of the generator shall also be analyzed.

Trip generation rates required.

The Traffic Impact Study shall include a table showing the land uses and codes as defined by ITE and quantities of each land use, with the corresponding trip generation rates or equations (with justification for selection of one or the other), and resulting number of trips, including entering, exiting and total trips. The trip generation rates used must be either from the latest edition of Trip Generation by ITE, or from a local study of corresponding land uses and quantities. All sources must be referenced in the Study. The anticipated types and volumes of truck traffic using the site shall be identified.

All trip generation calculations shall be based on the methodologies as published in ITE's "Trip Generation Handbook" or as mutually agreed between the Township Engineer and the traffic engineer preparing the Study.

Consideration of pass-by or shared trips. If pass-by trips or shared trips are a major consideration for the land use in question, calculations of pass-by and/or shared trips shall be based on published rates as identified in ITE's "Trip Generation Handbook".

Rate sums. Any significant difference between the sums of single-use rates and proposed mixed-use estimates must be justified in the Study.

Explanations required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the Study.

Definition of influence area.

Prior to trip distribution of site-generated trips, an influence area must be defined which contains 80% or more of the trip ends that will be attracted to the development. A market study may be used to establish the limits of an influence area, if available. If no market study is available, an influence area shall be determined based on a reasonably defined market area. The influence area may also be based on a reasonable maximum convenient travel time to the site, or delineating area boundaries based on locations of competing developments.

Other methods, such as using trip data from an existing development with similar characteristics, or using an existing origin-destination survey of trips within the area, may be used in place of the influence area to delineate the boundaries of the impact.

Estimates of trip distribution required.

Trip distribution shall be estimated using analogy, trip distribution model, or surrogate data.

Whichever method is used, trip distribution must be estimated and analyzed for the build-out and horizon year and must be justified in the study. A multi-use development may require more than one distribution and coinciding assignment for each phase (e.g., residential and retail phases on the same site). Consideration must also be given to whether inbound and outbound trips will have similar distributions.

The methodology for determining trip distribution shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Trip assignments.

Assignments must be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected (and perceived) minimum travel times. In addition, multiple paths shall often be assigned between origins and destinations to achieve realistic estimates, rather than assigning all of the trips to the route with the shortest travel time. The assignments must be carried through the external site access points and, in projects producing 500 or more additional peak direction trips to or from the site during the development's peak hour, through the internal roadways. When the site has more than one access driveway, logical routing and possibly multiple paths shall be used to obtain realistic driveway volumes. The assignment shall reflect conditions at the time of the analysis. Assignments may be accomplished either manually or with applicable computer models.

If a thorough analysis is required to account for pass-by trips, such analysis shall determine the percentage of pass-by trips in the total trips generated using ITE methodology; estimate a trip distribution for the pass-by trips; perform two separate trip assignments, based on the new and pass-by trip distributions; and combine the pass-by and new trip assignment.

Upon completion of the initial site traffic assignment, the results shall be reviewed to determine if the volumes appear logical, given characteristics of the road system and trip distribution. Adjustments shall be made if the initial results do not appear to be logical or reasonable.

The methodology for determining trip assignments shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Total traffic impacts. Traffic estimates for any site with current traffic activity shall reflect not only new traffic associated with the site's redevelopment, but also the trips subtracted from the traffic stream because of the removal of a land use. The number of trips to be subtracted for the existing use shall be based on actual counts. The Traffic Impact Study shall clearly depict the total traffic estimate and its components.

Analysis.

Traffic analyses shall be completed for the existing conditions and opening day/build-out year and horizon year, both without and with development. Analyses may consider proposed roadway improvements only if said improvements have committed funding.

Capacity analysis shall be performed at each of the major street and project site access intersection locations (signalized and unsignalized) within the study area. In addition, analyses shall be completed for roadway segments, deemed sensitive to site traffic within the study area. These may include such segments as weaving sections, ramps, internal site roadways, parking facility access points, and reservoirs for vehicles queuing off-site and on-site. Other locations may be deemed appropriate depending on the situation.

The recommended level of service analysis procedures detailed in the most recent edition of the Highway Capacity Manual shall be followed. The operational analyses in the Highway Capacity Manual should be used for analyzing existing conditions, traffic impacts, access requirements, or other future conditions for which traffic, geometric and control parameters can be established.

Where a Level of Service (LOS) "F" results, the associated delay shall be noted in the study. Existing peak hour factors and site specific truck and roadway grade percentages shall be utilized.

Traffic Signal Warrant analyses evaluating all warrant criteria shall be completed for each unsignalized intersection which is shown to have an approach operating at an LOS "E" or "F."

Where traffic signals exist or are proposed, analyses of the need for signalized left-turn phases shall be completed in accordance with PENNDOT Publication 149.

Queue length analyses shall be completed for each lane group. The need for acceleration and deceleration lanes shall be presented in the study. The need for right- and left-turn lanes shall also be evaluated. For both signalized and unsignalized intersections, PENNDOT Publication 46 shall be used as the basis for determining the need and required lengths for said lanes.

Accident data for the most recent three-year period shall be presented and analyzed for trends, type of accidents and causation factors.

Required levels of service. Levels of service for all streets and intersections shall be listed. All streets and/or intersections showing a level of service D or below shall be considered deficient and a health and safety concern and will be considered when granting use approval. The Study shall also identify the improvements necessary to mitigate any Levels of service degradations attributable to the project. All physical improvements shall be shown in sketches and accompanied by approximate cost estimates.

Applicant's responsibilities. The applicant shall be responsible to make all improvements required by law. The applicant shall also respond to the Traffic Impact Study by stating to what degree the applicant is willing to assist in funding or completing any off-site improvements that are needed.

§ 160-21 Other required approvals.

Access. All proposed uses shall provide adequate and safe access to the proposed facilities. Driveway connections to state and Township roads will require a highway occupancy permit from either PennDOT or the Township, as appropriate.

Water supply and sewage disposal. All proposed uses shall provide adequate and safe water supply and sewage disposal facilities for the proposed facilities. Such facilities shall be in accordance with PADEP and Township requirements.

Natural and cultural features preservation. All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of vegetation prior to the submission of applications for buildings permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap. In assessing compliance with these standards, the Township may take into account the extent to which the property owner is taking other remedial or compensatory actions which would fulfill the same basic intent as the conservation standards.

Floodplains. Areas identified as within a flood-prone area shall not be altered, regraded, filled or built upon except in conformance with the Paradise Township Floodplain Management Ordinance.

Streams, watercourses, wetlands, lakes and ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except in accordance with the regulations of the Pennsylvania Department of Environmental Protection, the United States Corps of Engineers and Paradise Township. Any activity requiring a federal or state permit shall obtain such permit before final approval by the Township.

[Amended 11-19-2012 by Ord. No. 204]

Creeks, streams, rivers, ponds and lakes are included in and regulated by the Riparian Buffer Overlay District found at Article XV.

Construction, earth disturbance, filling, or removal of natural vegetation within 50 feet of any intermittent or perennial watercourse or natural drainage swale not shown on the Official Zoning Map of Paradise Township is prohibited, except for horticultural practices used to maintain the health of native vegetation, passive recreation, stormwater conveyances in compliance with Chapter 123, removal of invasive species and/or trees that are dead, diseased or dangerous, and the exempt/permitted activities listed in Subsections B, C and D of § 160-90.

With the exception of Temporary Structures, if any proposed area of construction, earth disturbance, filling, or removal of natural vegetation, including driveways, parking areas and utilities, is within 120 feet of an area that includes hydric soils listed in Schedule VII the Zoning Officer shall require the applicant to provide a report from a Qualified Wetland Professional delineating any/all water resources protected by this chapter.

Stormwater management/Erosion and sedimentation control. All site modifications shall conform with the requirements of the Paradise Township Stormwater Management Ordinance. Where applicable, accompanying erosion and sedimentation control plans shall be submitted to the Monroe County Conservation District for review and comment.

Site Disturbance.

Protection of vegetation for excavations.

When digging trenches for utility lines or similar uses, disturbance to the root zone of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.

Protection of topsoil.

No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least four inches of topsoil cover over all of the site's exposed earth surfaces.

Topsoil removed by grading operations shall be redistributed and permanently stabilized as quickly as possible following the completion of a project or project phase in accordance with an approved Erosion and Sedimentation Pollution Control Plan.

Wetlands and vernal pools. Construction, earth disturbance, filling or removal of natural vegetation within any wetland or vernal pool, or within 50 feet of the edge of any wetland or within 120 feet of the edge of any vernal pool as determined using the method as set for in Section (c), below, is prohibited, except for horticultural practices used to maintain the health of native vegetation, removal of invasive species and/or trees that are dead, diseased or dangerous and the exempt/permitted activities listed in Subsections B, C and D of § 160-90.

[Amended 11-19-2012 by Ord. No. 204]

Wetlands and vernal pools, including the setbacks described above, are hereby included within and protected by the Riparian Buffer Overlay District described in Article XIV.

Determination and delineation of wetlands.

[Amended 5-17-2017 by Ord. No. 245]

When the National Wetlands Inventory (NWI), United States Geological Survey (USGS), and/or the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Maps indicate wetlands on a site or when a site/development area contains hydric soils (refer to the Hydric Soil List as adopted by the NRCS and set forth on the Web Soil Survey for Monroe County, PA, as amended from time to time) or an area with a predominance of wetlands vegetation (refer to Schedule VIII - Wetland Plant List and current plant indicator lists by the United States Fish and Wildlife Service and/or the United States Army Corps of Engineers), an on-site investigation shall be conducted by a Qualified Wetland Professional to determine if wetlands are present on the site and to delineate wetland boundaries. The Qualified Wetland Professional shall certify that the methods used to investigate the site correctly reflect currently accepted technical concepts, including the presence of wetland vegetation, hydric soils, and/or hydrologic indicators in accordance with currently accepted and applicable State and Federal regulations and guidance. The landowner or applicant shall be responsible for obtaining the wetland determination and delineation. The study must be approved by the Township Engineer. If the Township Engineer disagrees with the study the landowner or applicant shall be required to provide a Jurisdictional Determination by the United States Army Corps of Engineers. In the event that a wetland delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary provided by the landowner's or applicant's Qualified Wetland Professional, the Corps delineation shall govern.

The Zoning Officer shall review all proposed development and determine soil type boundaries within and around the subject property based on NRCS soils data. If, for any proposed development, the underlying soils within 120 feet of any associated earth disturbance are shown to be hydric on the Hydric Soil List as adopted by the NRCS and set forth on the Web Soil Survey for Monroe County, PA, as amended from time to time, the applicant shall provide the results of an on-site investigation by a Qualified Wetland Professional.

[Amended 5-17-2017 by Ord. No. 245]

Where the Zoning Officer or the Township Engineer determines that there is evidence that there may be indicators of a wetland on a proposed development site or based upon the Township Official Wetlands Map, the Zoning Officer may deny Township Zoning Permits as incomplete until the applicant provides evidence from a Qualified Wetland Professional that such site is not a wetland or that such action will comply with applicable Federal and State permit requirements.

Construction, earth disturbance, filling, or removal of natural vegetation on slopes exceeding 10% within 500 feet of any wetland or vernal pool shall be designed to control the flow of surface water in a manner which protects the wetland or vernal pool from adverse impacts commonly associated with nutrient and sediment pollution.[1]

Editor's Note: Former Subsection C(5)(j), Required setbacks from wetlands, which followed this subsection, was repealed 10-21-2008 by Ord. No. 167.

Conservation of agriculturally suited soils. In subdivisions where greenway lands are created, the applicant shall, whenever possible and in conjunction with other applicable ordinances, include in such greenway lands those agriculturally suited soils whose acreage, configuration and location offer future opportunity for agricultural use.[2]

Editor's Note: Former Subsection C(7), Conservation of riparian buffers, which immediately followed this subsection, was repealed 11-19-2012 by Ord. No. 204.

Conservation of sloping lands.

Any site disturbance on slopes exceeding 15% shall be minimized.

No site disturbance shall be allowed on slopes exceeding 25%, except under the following circumstances:

Logging shall be by specific approval of the Board of Supervisors. A submission plan shall include an approved soil erosion and sedimentation plan; a listing of the amounts and species of timber to be harvested, which in no case can be conducted on more than 15% of the acreage located on these slopes; and a reclamation plan for restoring the site. Precautions shall be taken to avoid destruction or injury of brush and trees.

Grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is possible.

Any driveway or other access road must be designed to have a slope length no greater than 75 feet.

All primary and accessory buildings, septic systems, detention basins or other structures that may create a severe impact upon the slope shall be set back 50 feet from all ridge lines or slope tops.

Property owners of tillage and nursery operations, on slopes exceeding 8%, shall enter into a cooperative agreement with the Monroe County Conservation District for the development of a conservation plan for the site.

Grading or earthmoving on all sloping lands exceeding 15% shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no alternative exists for construction of public roads, drainage structures and other public improvements, in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed three to one, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Groundwater protection. In cases where the proposed use may impact or affect groundwater use, groundwater quantity or groundwater quality through effects on flow, recharge or disposition of pollutants, the applicant shall provide the Township with a hydrogeological study that evaluates the impact of the use on the groundwater and public and private groundwater supplies. This evaluation shall demonstrate compliance with the following:

The use shall not cause the contamination, diminution or interruption of a public or private water supply.

The applicant shall identify and map all measures which shall be required to avoid the contamination, diminution or interruption of public or private water supplies identified in the study. Such mapping shall include hypothetical cones of depression and the measures proposed to alleviate or eliminate disturbance or interference with groundwater quantity or quality.

The applicant shall notify all property owners with existing wells within the potentially affected area of the potential effects on the wells as well as measures which will be taken to avoid such effects.

The operator/owner of any property that affects a public or private water supply by contamination, diminution or interruption shall restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. For the purpose of this section, the term "water supply" shall include any existing source of water or facility or system for the supply of water from human consumption or for agricultural, industrial, recreational or other uses.

Wellhead Protection. For the purpose of this Ordinance, discreet zones are hereby delineated. Wellhead Protection Zone 1 shall include all land within 400 feet of any public supply wells regulated under the Safe Drinking Water Act, as amended. Wellhead Protection Zone 2 shall include all land within 1/2 mile of public supply wells regulated under the Safe Drinking Water Act, as amended, and within 50 feet of any one-hundred-year floodplain, wetland or natural water body. Zone 3 shall include all land within the borders of Paradise Township. Locations of public supply wells are on a map available for inspection at the office of the Paradise Township Zoning Officer.

Threat of contamination of groundwater.

The following land uses, physical facilities and activities have the potential to contaminate surface soils and surface water bodies, and therefore represent a threat of contamination of groundwater:

Agricultural operations.

Commercial facilities.

Industrial facilities.

Sewage disposal.

Bulk storage tanks.

Solid waste disposal facilities.

Injection wells.

[h]

Sewage sludge land application.

[i]

Hazardous material storage, treatment and recycling.

[j]

Limited residential activities.

[k]

Subdivisions.

[l]

Land developments.

This section restricts land uses, physical facilities and activities listed above in all three Wellhead Protection Zones.

Permits and approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. If more stringent requirements concerning regulation of water supply wells are contained in any other code, rule, act or ordinance, the more stringent regulation shall apply.

The degree of protection of groundwater quality sought by the provisions of this chapter is considered reasonable for regulatory purposes. Groundwater contamination and pollution are still possible. This chapter does not imply groundwater will remain free of contamination for all Township residents.

Land uses within Wellhead Protection Zones 1, 2 and 3 shall be regulated according to the Schedule of Regulated Land Uses below. Land uses shall be prohibited (X), permitted (P) or permitted only by Special Exception (SE), as applicable, in accordance with this Schedule.

Schedule of Regulated Land Uses [Amended 6-7-2021 by Ord. No. 272]
Use	Zone 1	Zone 2	Zone 3
Generation, treatment or disposal of regulated substances.	X	X	SE
Bulk storage of regulated substances	X	X	SE
Herbicide, pesticide and fertilizer dealer/distributor	X	X	SE
Agricultural operations	X	X	SE
Animal husbandry facilities	X	X	P
Large Volume subsurface sewage disposal systems	X	X	SE
Large volume spray irrigation sewage disposal systems	X	SE	SE
Underground injection wells	X	X	SE
Aboveground storage tanks*	X	SE	SE
Underground storage tanks	X	X	SE
Waste disposal facilities	X	X	SE
Land application of sewage sludge	X	X	SE
Stormwater retention facilities	X	P	P
Unlined stormwater detention facilities	X	P	P
Mining and quarrying	X	SE	P
Road deicing material storage	X	SE	P
Textile and apparel product manufacturing	X	SE	P
Lumber and wood preserving	X	SE	P
Printing and publishing	X	SE	P
Chemical manufacturing	X	SE	P
Dry cleaning establishments	X	SE	P
Leather product manufacturing	X	SE	P
Mineral product manufacturing	X	SE	P
Metal product manufacturing	X	SE	P
Machine shops	X	SE	P
Electronic/electronic equipment manufacturing	X	SE	P
Transportation maintenance facilities	X	SE	P
Scrap and metal container recyclers	X	SE	P
Chemical and petroleum storage and sales	X	SE	P
Automotive repair, services and related parking	X	SE	P
Personal services: laundry, pest control, photofinishing	X	SE	P
Repair services: furniture, welding, septage services	X	SE	P
Educational, medical and engineering labs	X	SE	P
Sewage disposal facilities	X	SE	P
Ground Source Heat Pumps	SE	SE	SE

*	Above ground fuel tanks with capacity of 200 gallons or less required for the operation of equipment associated with safe wellhead operation are permitted, provided adequate secondary containment measures are installed.

Special exception permits shall be issued in accordance with the Schedule of Regulated Land Uses, above, provided the conditions below are met:

Facilities which generate, store, treat or dispose of hazardous material are required to file current Pollution Incident Prevention (PIP), Spill Prevention Control and Countermeasure (SPCC), Preparedness, Prevention and Contingency (PPC), Spill Prevention Response (SPR) plan, as required by either the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency, and a current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II Report with the Township.

Herbicide, pesticide and fertilizer products dealers and distributors are required to file a Pollution Incident Prevention (PIP) plan, or equivalent, and a current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II report with the Township.

Large volume subsurface sewage disposal systems and large volume spray irrigation sewage disposal systems are required to file current permit from the Pennsylvania Department of Environmental Protection and copies of all required water quality monitoring reports with the Township.

Underground injection well operators must submit a copy of current registration with the Environmental Protection Agency with the Township.

Aboveground and underground storage tank owners must submit a copy of current registration from the Pennsylvania Department of Environmental Protection with the Township, and demonstrate compliance with all regulations enacted to enforce the Storage Tank and Spill Prevention Act of 1989.

Waste disposal facilities must file a copy of a current permit from the Pennsylvania Department of Environmental Protection, a copy of any required Preparedness, Prevention and Contingency (PPC) plan and copies of any required water quality monitoring reports and water pollution abatement plans with the Township.

Sewage sludge land application operators must file a copy of a current permit from the Pennsylvania Department of Environmental Protection, copies of any sewage sludge test results and any required water quality monitoring reports with the Township.

Agricultural operations must submit a copy of the Conservation Plan prepared in accordance with Chapter 102 of Pennsylvania Department of Environmental Protection regulations, and must include a Pesticide Management Plan and a Nutrient Management Plan.

Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or ground waters.

On-lot sewage disposal systems shall be inspected by a technician certified by the Pennsylvania Sewage Management Association and any necessary repairs or maintenance must be performed prior to the expansion or conversion of the land use served by the system. A copy of that inspection report must be submitted to the Sewage Enforcement Officer.

No sewage disposal system may be installed within 100 feet of any existing or permitted drinking water well.

Ground source heat pumps are considered private wells regulated under this chapter, and shall also comply with the following:

Ground source heat pumps may not have any formal connections to any septic system.

Horizontal closed loop ground source heat pumps must be a minimum of 25 feet from any existing or permitted septic system.

Vertical closed loop ground source heat pumps must be a minimum of 100 feet from any existing or permitted septic system, unless the entire borehole around the annulus of the loop is grouted with bentonite slurry.

Closed loop ground source heat pumps that treat extracted water in any way, or involve circulation of toxic refrigerants below the surface, are prohibited.

Water treatment associated with open loop ground source heat pumps is prohibited.

Applicants for open loop ground source heat pumps that discharge to the surface must either obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection, or demonstrate that such permit is not required.

Applicants for ground source heat pumps with separate return wells must provide documentation that the return well is capable of handling the volume of water that passes through the heat pump.

The following activities are specifically excluded from regulation under this section:

The transportation of any regulated material through Wellhead Protection Zones 1 or 2, provided that the transporting vehicle is in transit through the Wellhead Protection Zones and further provided that such transportation is conducted in compliance with all applicable federal and state laws and regulations.

Utilization and/or storage of fuels, hazardous chemicals, pesticides, fertilizers, flammable liquids and gases, and toxic and regulated substances by owners and/or occupiers of lots and tracts of land which are primarily utilized for the purpose of single or multifamily residential dwellings in such quantities and in such a manner as is associated with normal consumer, household use.

Subdivisions and land developments regulated under Chapter 131 of the Paradise Township Code of Ordinances shall be designed consistent with the following:

Stormwater retention and/or unlined detention basins shall be prohibited within Wellhead Protection Zone 1.

Subdivision and land developments proposed with subsurface sewage disposal shall provide a tested and suitable primary absorption area and a tested and suitable secondary absorption area on each lot.

As to each lot or tract of land located within Paradise Township upon which there is conducted a Regulated Land Use, the record owner thereof shall submit, or cause to be submitted, to the Zoning Officer of the Township the following reports and information in the manner prescribed:

Copies of all federal, state and county operational approvals, certificates, permits and applications, ongoing environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to federal, state and county governmental authorities;

In the event that any contaminants and/or substances regulated under federal, state or state environmental, pollution control, hazardous substance and drinking water laws and regulations are released on or from any lot or tract of land within the Township, copies of any and all notices, reports and documents which such owner filed, or caused to be filed, with any federal, state and/or county governmental authorities which provide notice of or relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities; and

Copies of all notices, orders, rules, decisions, recommendations, enforcement actions and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land from any federal, state or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.

Alternatively, an Applicant for a Regulated Land Use may provide a study, prepared by a hydrogeologist registered in the Commonwealth of Pennsylvania, demonstrating, to the satisfaction of the Township, that the proposed Regulated Land Use, or any parts thereof, including any/all treatment, disposal, conveyance equipment and all associated appurtenances will pose no threat to any private or public water supply well.

[Added 3-1-2011 by Ord. No. 189]

Rare, threatened and endangered species. Where the habitat or potential habitat of a rare, threatened or endangered species exists on the property, and where the habitat or potential habitat may be adversely affected by the proposed use, the Township shall be supplied with an evaluation, prepared by a certified expert, concerning the impact of the proposed use on rare, threatened and endangered species identified by the Pennsylvania Natural Diversity Inventory (PNDI). A thorough on-site investigation of the property shall be conducted by the expert as part of the evaluation. Correspondence from PADEP, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission and/or the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forest Management indicating a review of the PNDI shall be provided to the Township. The Township shall have the right to verify said evaluation.

[Amended 8-4-2014 by Ord. No. 221]

Historical and archaeological resources. The impact of the proposed use on historical and archaeological resources shall be evaluated and a written response from the Pennsylvania Historic and Museum Commission shall be obtained and provided as part of the application. The applicant for the proposed use shall comply with the requirements of the National Historic Preservation Act of 1966.

Existing Resources Site Analysis Plan; applicability. Prior to commencing any site disturbance for any purpose other than construction of a single-family dwelling or related accessory uses, an existing resources site analysis plan as described in Chapter 131, § 131-39 shall be submitted to and approved by the Board of Supervisors according to the provisions of the Subdivision and Land Development Regulations (SALDO).

Existing resources site analysis plan as part of application. An existing resources site analysis plan submitted as a part of a subdivision or land development application shall be reviewed according to the provisions of the Subdivision and Land Development Ordinance (Chapter 131 of this Code). Site inspections, performance and maintenance guaranties, applicant fees, violations and penalties shall govern such an application.

Existing resources site analysis plan unrelated to application.

Plan review.

Applicants for activities defined in § 160-21C(13) but not related to a subdivision or land development shall submit an existing resources site analysis plan in accordance with § 131-39.

(15)

Fees. The applicant shall pay an application fee for Township review of the existing resources site analysis plan in accordance with a schedule of fees established by resolution adopted by the Board of Supervisors.

(16)

Existing resources site analysis plan amendments.

Major modifications of any approved existing resources site analysis plan, as determined by the Township, shall be submitted to the Township Engineer and reprocessed in the same manner as the original plan. All development and land disturbance activities shall be suspended pending the approval of modified plans.

Field modifications of a minor nature may be approved by the Township Engineer in the form of written authorization.

Performance standards for private wells. All privately owned domestic wells drilled, constructed, used and maintained in Paradise Township shall comply with the rules herein. Wells already in existence at the time of the adoption of this section may remain in operation for the life of the existing well, but must conform with the rules herein at the time they are upgraded, re-drilled, relocated or closed.

No private well may be constructed within 100 feet of any existing or permitted sewage disposal system.

No private well may be constructed within 150 feet of any dead animal burial pit, within 100 feet of any animal or fowl enclosure, or within 100 feet of any fertilizer or pesticide storage, mixing or loading facilities.

No private well may be constructed within 100 feet of any infiltration trench or dry well.

No private well may be installed within the one-hundred-year floodplain. Well casing shall extend at least two feet above the level of the highest known flood of record. Surface water must be directed away from the wellhead.

The "Municipality" copy of the Water Well Completion Report required of the licensed well driller by the Pennsylvania Department of Conservation and Natural Resources shall be submitted to the Zoning Officer upon well completion.

Drilling fluid materials, drilling fluid additives, casing materials, screening materials, gravel pack materials and grouting and sealing materials shall be in accordance with standards established by the American Water Works Association in the AWWA Standard for Water Wells, approved by the American Water Works Association on June 15, 1997 and approved by the National Standards Institute on December 1, 1997.

Well construction, well development, well disinfection and well abandonment/decommissioning shall be in accordance with standards established by the American Water Works Association in the AWWA Standard for Water Wells, approved by the American Water Works Association on June 15, 1997 and approved by the National Standards Institute on December 1, 1997.

Permanent well casings shall be continuous and watertight from top to bottom of the installed casing except for any well screens.

All wells shall be drilled a minimum of 10 feet into competent bedrock and sealed from bedrock to surface, or to a minimum depth of 50 feet if bedrock is not encountered, to prevent the entrance of water from any source other than from the aquifers selected.

All wells shall have suitable threaded, flanged or welded caps or compression seals to prevent foreign material from entering the well.

Water quality testing for bacterial contamination shall be conducted by a laboratory certified for drinking water analysis by the Pennsylvania Department of Environmental Protection. Analysis shall include, at a minimum, tests for microbiological contamination and nitrate/nitrite.

Water sample test results shall be reported to the property owner. Positive test results for fecal coliform, E. coli, Nitrate above 10 mg/L or nitrite above 1 mg/L shall be reported to both the property owner and the Zoning Officer. Nothing in this rule shall limit the right of the property owner to conduct additional water quality sampling and analysis.

Permit requirements for private wells.

No private well shall be constructed within Paradise Township without first obtaining a permit from the Zoning Officer.

Permit applications shall be submitted in the name of and executed by the owner(s) of the property.

Permit applications:

Shall be submitted in person or mailed on a properly completed Township form;

Shall be signed by the applicant or authorized representative.

Shall include a plan showing the location of the proposed well in relation to the property boundaries and the nearest subsurface septic system.

Shall include a fee in accordance with the comprehensive fee schedule adopted by resolution of the Board of Supervisors.

Permit Issuance.

A permit for well construction shall be issued by the Zoning Officer, subject to this chapter and the conditions contained on the permit and its attachments and supplements. The permit will authorize the applicant to proceed with the work and will also serve as a receipt for the fees accompanying the application.

Permits will be issued only to the owner(s) of the property. Permits will not be issued to the contractor(s) or to any person(s) other than the owner(s) of the property.

Approval by the Township of any well permit shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the Township act as a release of the permittee(s) or waiver by the Township of its right to seek performance or restitution by the permittee(s).

Litter control plan. All proposed uses that will include outdoor activities shall prepare and submit a Litter Control Plan for review and approval as part of the zoning application. All solid waste collection points must be screened from adjacent properties and roads.

Required permits. Whenever other federal, state or local permits are required for a proposed activity, applications for these permits shall be submitted to the applicable governmental agency concurrent with the submission of any zoning application. Copies of all applications and correspondence shall be provided to the Township. Prior to the issuance of a certificate of occupancy for any approved use, a copy of all required permits from all applicable governmental bodies shall be provided to the Zoning Officer.

Operational Plan. All proposed nonresidential uses shall submit an Operational Plan for review and approval as part of any zoning application.

The applicant shall provide an operational plan which shall address all matters necessary to determine compliance with this chapter. In addition, the operational plan shall set forth the procedures that will be utilized for operation, including times and days of operation of various components of the operational activities. Such plan shall:

Require that access to a site posing a hazard or potential hazard to visitors will be limited to such times when an attendant is on duty and access drives shall be secured by fences, locks, gates and other means to deny access at unauthorized times.

The operator shall maintain and make available to the public at its offices all permits and approved plans required by any governmental regulatory agency having jurisdiction over the permitting, operating, maintenance, reclamation, closure and/or remediation of the proposed facility.

The operator shall provide the Township with copies of any notices of violation received from any state or federal agency within five days of the date of receipt of such notice by the operator of the facility.

Hours of operation must be both in accordance with the express requirements of this chapter and such that they do not cause undue interference with the surrounding area. The operator shall be responsible for ensuring against such interference.

Explosives storage and use. All proposed uses that use explosive materials at any time shall submit the following:

[Amended 3-18-2019 by Ord. No. 259]

Approved current licenses required by 25 Pa. Code Chapters 210 and 211.

An Agreement by the applicant/permittee to indemnify and hold harmless Paradise Township, its officers, agents, and/or employees from any and all liability arising from the explosives storage and use. By accepting an issued explosives storage and use permit, the permittee acknowledges that this obligation to indemnify and hold harmless is incorporated by reference into any explosives storage and use permit issued. The Agreement shall include:

Commercial General Liability (CGL) insurance ISO Coverage From CG 00 01 covering on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with minimum limits of $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the project/location or the general aggregate shall be twice the occurrence limit. The insurance shall cover or be endorsed to cover liability arising from the proposed event, and the liability assumed by the permit applicant pursuant to this agreement utilizing ISO endorsements CG 2010 and CG 20 37 or their equivalents. The policy shall include Paradise Township, its officers, its employees, and its volunteers, as additional insureds, with primary coverage as respects the same, and shall contain a severability of interests provision. The coverage shall be primary and noncontributory.

Auto Liability covering any auto with a combined single limit of not less than $1,000,000.

Statutory Workers Compensation as required by the Commonwealth of Pennsylvania. A certificate of insurance with endorsement WC 00 0313 shall be completed by the applicant's insurance agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect shall be furnished to the Township at least 30 days prior to the event described in the permit application, and shall be subject to review and approval by the Township prior to the commencement by the Township of any obligations under the Agreement. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, or materially changed until at least 15 days' prior written notice has been given to the Township.

Conservation, Closure or Reclamation Plan. All proposed uses that require earth disturbance in excess of five acres shall submit a Conservation, Closure or Reclamation Plan for review and approval as part of the zoning application. Such uses include, but are not limited to, construction, excavation, mining or other resource extraction, solid waste disposal, hazardous substance remediation, farming, timbering, and grubbing. The requirements of this section may be satisfied by conditioning approval upon the submission of a Conservation, Closure or Reclamation Plan approved by the county, state or federal agency charged with the approval of such plans.

When the operation has concluded, the area shall be reclaimed to approximate original contour. A plan showing the reclamation, including proposed soil cover type and depth and the planting schedule, shall be submitted at the time of and as part of the land development application.

Revegetation.

Revegetation where required shall provide for diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved post-mining land use plan. Vegetation cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved post-mining land use, when compared with the utility of naturally occurring vegetation during each season of the year. The applicant shall inventory the existing vegetation and submit a plan showing the type and extent of the vegetation by species, size and number as part of the application. The inventory shall be made by a forester or other qualified individual.

Revegetation shall provide a quick-germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion and may include, but not be limited to, crown vetch.

All revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productive levels compatible with the approved post-mining land use.

Disturbed areas shall be seeded and planted during the first normal period for favorable planting after reclamation has commenced.

When necessary to effectively control erosion, the disturbed area shall be seeded and planted as contemporaneously as practicable with a temporary cover of small grain, grasses or legumes or otherwise protected from erosion until a permanent cover is established.

Immediately after haul roads are no longer needed for the associated surface mining activities or post-mining land use:

The road shall be physically closed to vehicular traffic.

The road and adjacent slopes shall be regraded to blend with the natural contours and drainage patterns.

All bridges and culverts shall be removed.

Cross drains, dikes and water bars shall be constructed and maintained to minimize erosion.

All disturbed areas shall be revegetated in accordance with this chapter.

A reclamation plan shall be submitted which shall show all details of the reclamation plan, including final proposed elevations at contours not greater than two-foot intervals, final groundcover and any other information required by the Township to determine whether the reclamation plan will restore the site in a satisfactory manner.

The reclamation plan shall contain a schedule which identifies the specific phase of the mining operation and the geographic location of operations which will cause various portions of the reclamation plan to be initiated. Such schedule shall indicate the time needed to complete the various portions of the reclamation plan. Such schedule and plan shall be subject to approval by the Township and may be amended only upon written request of applicant and favorable action by the Township.

§ 160-21-A Haul roads.

Haul roads shall be accessible from a major rural collector or arterial road which is either a Commonwealth of Pennsylvania roadway or which meets the applicable requirements of the Pennsylvania Department of Transportation (PennDOT) for major collector or arterial roads. Haul roads shall be designed to minimize danger and congestion along existing roads and to avoid the creation of a nuisance to nearby properties.

All haul roads shall be paved for a distance of at least 300 feet from the street right-of-way and shall incorporate a gravel section of at least 50 feet in length, prior to the preceding required paved section, to assist with the removal of mud and debris from the wheels of vehicles exiting the site. A wheel wash or other similar device shall be installed to remove all foreign matter from the trucks' wheels and frame. The operator of a site serviced by a haul road will be responsible to see that no truck leaves the site loaded in such a manner that stones or other material can fall over its sideboards or tailgate.

Haul roads shall be designed, constructed and maintained to prevent, to the maximum extent possible, erosion and to prevent contributions of sediment to streams or runoff outside the affected area, air and water pollution and off-site damage. Stormwater detention facilities shall be provided for and maintained to control runoff for such roads for two-, ten-, twenty-five-, fifty- and one-hundred-year storms.

Haul roads shall be constructed on stable areas that avoid wet or unstable soils. Prior to the construction of a road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the whole road. Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.

Haul roads shall be lined on both sides with evergreen trees at least seven feet in height at the time of planting. The trees shall be placed in two staggered rows and spaced at eight-foot centers.

The screening requirements for haul roads shall also apply to roads which leave the tract on which the operation is located and enter any other property, zone, tract, etc.

§ 160-21-B Inspections.

The Township shall have the right to inspect the quarrying operations at any time during normal business hours upon notice to owner/operator.

The operator shall pay an inspection fee to the Township in the amount set forth by resolution of the Township to defray Township administrative, engineering and/or legal costs of overseeing quarrying operations. Said fee shall be due at the time of the first removal of stone hereunder and annually on the first day of each calendar year thereafter.

§ 160-21-C Conservation subdivisions and master developments.

In order to achieve the greatest conservation of natural resources as described in § 160-2, this article provides for flexibility in designing new residential subdivisions by allowing four forms of development referred to as "options", as summarized below:

Option One: Neutral Density and Basic Conservation, providing for residential uses at the density permitted by the underlying zoning. Greenway lands comprise 50% of adjusted tract acreage plus 100% of primary conservation areas. The flexibility-designed layouts work well with either individual wells and septic systems located in the open space, or with central wells and sewage treatment facilities.

Option Two: Enhanced Density with Greater Conservation, providing for higher density residential uses and a larger (60% of adjusted tract acreage plus 100% of primary conservation areas) of greenway land in more flexibly designed layouts with other improvements serving the community such as central wells and sewage treatment facilities.

Option Three: Estate Lots, providing for rural-suburban residential uses at lower densities in conventional layouts of standard houselots, where homes and streets are located carefully to minimize impacts on resource lands.

Option Four: Country Properties, providing for very low densities appropriate to rural situations, with flexible and reduced design standards in instances where a permanent conservation easement is offered to maintain such uses.

Permitted Density Calculation.

Adjusted tract acreage calculations for the purpose of determining maximum density and minimum greenway land requirements for conservation subdivisions, and minimum greenway land requirements for master development plans shall be conducted as follows:

Constrained land shall be calculated as 100% of land consisting of ponds, lakes, and wetlands, 80% of lands consisting of steep slopes, 15% of lands consisting of moderate slopes, and 50% of floodplains.

Adjusted tract acreage shall consist of total tract acreage minus constrained land and all land contained in existing road rights-of-ways, and existing overhead and underground utility easements and rights-of-ways with established widths.

Determination of density (or maximum number of permitted dwelling units) shall be based on adjusted tract acreage in accordance with Schedule IV.

Where a tract exists in more than one Zoning District, density shall be calculated in a manner proportionate to the total tract area contained in each individual district.

Multiple options may be used on a single tract or for a single project. When multiple options are combined on the same tract, density shall be calculated based on total tract area designated for each respective option.

Residential and commercial uses may be used on a single tract within a master development. When residential and commercial uses are combined within a master development, residential density shall be proportionate to the percentage of the developable area used for residential purposes.

Minimum greenway land calculations for conservation subdivisions and master development plans shall be conducted as follows:

Option 1 (neutral density) subdivisions minimum greenway land shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 2 (enhanced density) subdivisions minimum greenway land shall be 60% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 3 (estate lots) subdivision minimum greenway land shall consist of primary conservation areas and may be contained within privately owned lots.

Option 4 (country properties) subdivision minimum greenway land shall consist of 80% of the total tract acreage and may be contained within privately owned lots.

Minimum greenway land for master development plans shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Greenway land design standards and other requirements.

Greenway design standards.

Greenway lands shall be laid out in general accordance with the Township's Map of Potential Conservation Areas to ensure that an interconnected network of open space will be provided. The required greenway land consists of a mixture of Primary Conservation Areas, all of which must be included, and Secondary Conservation Areas. Primary Conservation Areas comprise ponds, lakes, riparian buffers, and steep slopes. Secondary conservation areas should include other features on the Township Map of Potential Conservation Areas.

In Option 1 and 2 subdivisions, the greenway land comprises a minimum of 50% and 60% of the Adjusted Tract Acreage, plus all Primary Conservation Areas, respectively. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual or entity in compliance with § 160-21-CE and F, below. However, in no case shall less than 30% of the land comprising the greenway land be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.

In Option 3 and 4 subdivisions, the required greenway land comprises all of the Primary Conservation Areas within the total tract, and may lie within the privately owned lots, or up to 80% may be set aside as undivided land with common rights of usage among the subdivision residents.

Where the proposed development adjoins public parkland, a natural greenway buffer at least 150 feet in width, and where the proposed development adjoins State Gamelands, a natural greenway buffer of at least 150 feet in width shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction or for the removal of invasive plant species). Where this buffer is not wooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive plant and tree species. Where any nonresidential structures within a proposed Master Development Plan adjoin residential uses, a natural greenway buffer at least 50 feet in width shall be provided within the development along its side and rear property lines.

Other Requirements.

No portion of any building lot may be used for meeting the minimum required greenway land, except as permitted within Options 3 or 4 or within a Conservancy Lot of at least 10 acres. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.

Pedestrian and maintenance access shall be provided to greenway land, excluding those lands used for agricultural or horticultural purposes, in accordance with the following requirements:

Each neighborhood shall provide one centrally located access point with minimum width of 35 feet per 15 lots.

Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

Permanent Greenway Protection.

In Option 1, Option 2, and Option 3 subdivisions and Master Development Plans, the required greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, stormwater management facilities, and to install subsurface septic disposal systems or spray irrigation facilities. The determination of necessity shall lie with the Board of Supervisors.) A list of permitted and conditional uses of greenway lands is contained in this article in § 160-12A(32.A).

In Option 4 subdivisions applicants shall place a restrictive conservation easement, in form and substance acceptable to the Board of Supervisors, preventing future subdivision of the newly created parcels.

Ownership and Maintenance of Greenway Land.

Development Restrictions. All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the greenway land at any time, except for those uses listed in § 160-12A(32.A).

Ownership Options. The following methods may be used, either individually or in combination, to own greenway land. Greenway land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the greenway land or in the open space ratio of the overall development and the Township is notified in writing. Ownership methods shall conform to the following:

Fee Simple Dedication to the Township. The Township may, but shall not be required to, accept any portion of the greenway land, provided that:

There is no cost of acquisition to the Township; and,

The Township agrees to and has access to maintain greenway land.

Condominium Association. Greenway land may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All greenway land shall be held as a "common element."

Homeowners' Association. Greenway land may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:

The applicant shall provide the Township a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for greenway land for review and approval;

The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any lots in the development;

Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title;

The association shall be responsible for maintenance and insurance of greenway land;

The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in payment of dues. Such dues shall be paid with the accrued interest before the lien may be lifted;

Written notice of any proposed transfer of greenway land by the association or the assumption of maintenance for greenway land must be given to all members of the association and to the Township no less than 30 days prior to such event; and

The association shall have adequate staff to administer, maintain, and operate such greenway land.

Private Conservation Organization or the County. With permission of the Board of Supervisors, an owner may transfer either fee simple title of the greenway land or easements on the greenway land to a private conservation organization or to the County provided that:

The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the County becomes unwilling or unable to continue carrying out its functions;

The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or the County.

Dedication of Easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the greenway land. In such cases, the greenway land remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the Township holds the easements. In addition, the following regulations shall apply:

There shall be no cost of acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Non-Common Private Ownership. Up to 80% of the required greenway land may be included within one or more lots of at least 10 acres within Option 4 developments provided the greenway land is permanently restricted from future development through a conservation easement, except for those uses listed in § 160-12A(32.A), and that the Township is given the ability to enforce these restrictions.

Master development ownership. Greenway lands associated with a master development plan can remain in private ownership for either the enjoyment of resort/hotel/timeshare guests, or the public, or both.

Maintenance.

Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.

The applicant shall, at the time of preliminary plan submission, define land ownership.

The applicant shall, at the time of final plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities in accordance with the following requirements:

The Plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of greenway land, i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, trails, etc.;

The Plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

The applicant shall be required to escrow sufficient funds for the maintenance and operation costs of greenway land for one year; and,

Any changes to the maintenance plan shall be approved by the Board of Supervisors.

In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien may be filed by the Township in the office of the Prothonotary of the County.

Paradise Township Monroe County
City Zoning Code

ARTICLE IV

Supplementary Regulations

§ 160-13 Applicability.

§ 160-13-A Exceptions to yard and height requirements.

§ 160-13-B Architectural standards for nonresidential structures.

[Added 8-16-2011 by Ord. No. 195]

Roofs on all new or substantially improved nonresidential buildings shall be pitched at least 25°. Flat roofs shall be permitted only if they are green roofs, as defined.

§ 160-14 Supplementary lot, yard and height regulations.

Corner lots.

Through lots. Where a lot extends through from road to road, the applicable front yard regulations shall apply on both road frontages.

Driveways.

No driveway shall provide access to a lot located in another district, if such lot is used for purposes prohibited in the district in which the driveway is located.

All new driveways shall be constructed to ingress and egress on to the lowest street classification, if possible.

Fence setback exception. No front, side or rear yard setback shall be required for any fence. However, no fence shall interfere with any required sight distance.

No structure or building shall be erected closer than five feet from the toe of any elevated sand mound berm nor closer than 10 feet from any disposal area.

§ 160-15 Accessory structures and uses.

Accessory structures and uses shall be located as follows:

Attached accessory buildings. An accessory building attached to a principal building used for residential purposes shall be considered to be part of the principal building.

Detached accessory buildings or structures. Buildings, accessory to residential buildings, that are not attached to the principal building may be located as follows:

Such buildings shall be separated from the principal building by at least 10 feet.

Such buildings shall not exceed 35 feet in height.

All fuel storage tanks and air-conditioning units shall be a minimum of 10 feet from any property line.

Private outdoor swimming pools. A single private outdoor swimming pool is permitted on the same lot with a residence, subject to the following conditions:

Such pool is for the private use of the residents of the dwelling unit or their guests.

Setback requirements for such pool shall meet the requirements of § 160-15B.

All building setbacks pertaining to pools shall be measured to the vertical wall of the pool.

Storage of vehicles and boats.

Commercial vehicles over 25 feet in length shall be parked in a residential district only if fully screened from adjoining properties.

Any boat, not over 25 feet in length, may be stored, but not used for any purpose, on an occupied lot in a residential district, provided that such boat is not stored within the setback areas.

No trailer, camper or other recreational vehicle shall be parked or stored in any residential district within the building setback lines.

§ 160-16 Off-street parking and loading.

Off-street parking requirements.[1]

[Amended 8-16-2011 by Ord. No. 195]

All required parking shall be located outside the limits of any street right-of-way, whether public or private.

Editor's Note: Schedule II is included as an attachment to this chapter.

When the computation of parking spaces results in a fraction, the required number of spaces shall be decreased to the last whole number.

Required parking facilities shall be on the same lot or premises as the principal use served, except as follows below.

All required parking facilities shall be dedicated as such and shall not be used for any other purpose which interferes with its ability to provide parking for the use that it serves.

Guest parking for single-family attached and multifamily residential uses and for mobile home parks shall be within 300 feet of the use which it serves.

Garages may be included as required parking spaces, provided that their use is restricted to the storage of motor vehicles.

Garages must be situate so that they meet all building setback requirements.

Design standards.

Parking facilities shall be designed so that their use does not constitute a nuisance, a hazard or an unreasonable impediment to traffic.

Parking facilities shall be arranged and marked for orderly safe movement.

All parking spaces shall have a minimum stall width of 10 feet and a minimum stall length of 20 feet, except parallel parking spaces which are a minimum of eight feet by 22 feet.

Aisles within parking areas shall have the following minimum widths:

Parking Angle	One-Way	Two-Way
90°	22 feet	24 feet
60°	18 feet	21 feet
45°	15 feet	18 feet
30°	12 feet	18 feet
Parallel	12 feet	18 feet

Entrance and exit drives shall have the following minimum widths:

Use	Travel Way	Shoulder
Single-family residence	10 feet	N/A
Other use, one-way	12 feet	4 feet
Other use, two-way	20 feet	5 feet

No entrance or exit for any off-street parking or loading area shall be located within 40 feet of any road intersection.

Parking spaces shall be within 150 feet of the residential use which it serves.

Parking facilities for three or more vehicles shall not be designed to require or encourage vehicles to back into a street in order to leave a space.

All parking areas, aisles and drives shall be surfaced with a dustless, durable material, be properly graded to dispose of all surface water and shall be maintained at all times.[3]

(k)

Rows of parking spaces are limited to 15 vehicles. Individual parking areas are limited to 60 vehicles.[4]

(l)

A passenger vehicle turnaround is required at the end of a dead-end parking area.

(m)

Buffers shall be provided in accordance with Chapter 131 (Subdivision and Land Development), Section 131-34.

[Amended 4-3-2017 by Ord. No. 244]

Editor's Note: See diagram included as an attachment to this chapter.

Off-street loading and unloading.

All loading spaces shall have direct access to the point of entry into the building being served.

Loading spaces required by this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.

The minimum size of all such loading spaces shall be 12 feet by 30 feet with a minimum vertical clearance of 14 feet.

§ 160-17 Exterior lighting.

Lighting objectives.

No light source should create glare.

No light source should be exposed to the eye except those covered by globes.

Lighting should be indirect or surrounded by a shade to hide the light source.

Excess glare will be measured by its nuisance value to adjacent residences.

Lighting design should be an inherent part of the architectural design.

Lighting requirements apply to both area lighting and illuminated signs.

All outdoor lighting on the property shall meet the requirements of § 160-17.

Screening is required in compliance with § 160-18.

Noise levels shall comply with the requirements of § 160-19.

A traffic study is required in compliance with § 160-20 if the use will generate traffic that meets the criteria established by PennDOT for a low volume driveway or greater.

Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.

The Applicant must obtain Conditional Use approval pursuant to the provisions of this chapter.

Any additional uses on the lot and all accessory uses shall comply with all additional applicable requirements of this chapter.

Access shall be to a Collector Street or greater.

§ 160-18 Buffers.

[Amended 4-3-2017 by Ord. No. 244]

Applicability.

The following are exempt from Buffer requirements:

Agricultural uses in § 160-12A(3);

One-Family and Two-Family Dwelling Units on individual lots.

Public Streets created as part of a subdivision of land are required to comply with the Street Tree requirements in Chapter 131 (Subdivision and Land Development), § 131-34.

§ 160-19 Nuisance control.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential, public space, open space, agricultural or industrial	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	60 50
Commercial or business	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	65 60
Industrial	At all times	70

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

Domestic power tools between the hours of 6:00 a.m. and 9:00 p.m.

Construction operations between the hours of 6:00 a.m. and 9:00 p.m.

Agriculture.

Motor vehicle operations.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

The unamplified human voice in residences.

Periodic school activities.

Fumes and gases. No use shall emit fumes or gases in excess of levels permitted by the United States Environmental Protection Agency (USEPA), PADEP or other appropriate regulatory agency.

The applicant shall supply information to the Township, including the type of equipment to be used, operating times and parameters, etc., to verify proposed compliance with this requirement.

Blasting schedule publication. Public notice of blasting schedule to be completed prior to initiation of blasting.

Any routine blasting schedule shall be republished every 12 months.

Blasting schedule contents.

The blasting schedule shall contain, at a minimum, the following:

Dates and time periods when explosives are to be detonated.

The types of audible warning and all-clear signals to be used before and after blasting.

Methods to be used to control access to blasting area.

Location, date and time of blast.

Name, signature and license number of blaster in charge.

Type of material blasted.

Number of holes, burden and spacing.

Diameter and depth of holes.

Types of explosives used.

Total amount of explosives used.

Maximum amount of explosives per delay period of eight milliseconds or greater.

Method of firing and type of circuit.

Direction and distance, in feet, to nearest occupied structure, neither owned nor leased by the person conducting blasting or the surface mining operator/owner.

Scaled distance.

Weather conditions.

Direction of wind.

Height or length of stemming.

[15]

Type of delay electric blasting caps used and delay periods used.

§ 160-20 Traffic impact study.

[Amended 9-16-2019 by Ord. No. 260]

Traffic data, projections and analysis periods.

Traffic data used in the Study shall not be more than one year old.

Trip generation rates required.

Rate sums. Any significant difference between the sums of single-use rates and proposed mixed-use estimates must be justified in the Study.

Explanations required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the Study.

Definition of influence area.

Estimates of trip distribution required.

Trip distribution shall be estimated using analogy, trip distribution model, or surrogate data.

The methodology for determining trip distribution shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Trip assignments.

The methodology for determining trip assignments shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Analysis.

Where a Level of Service (LOS) "F" results, the associated delay shall be noted in the study. Existing peak hour factors and site specific truck and roadway grade percentages shall be utilized.

Traffic Signal Warrant analyses evaluating all warrant criteria shall be completed for each unsignalized intersection which is shown to have an approach operating at an LOS "E" or "F."

Where traffic signals exist or are proposed, analyses of the need for signalized left-turn phases shall be completed in accordance with PENNDOT Publication 149.

Accident data for the most recent three-year period shall be presented and analyzed for trends, type of accidents and causation factors.

§ 160-21 Other required approvals.

Floodplains. Areas identified as within a flood-prone area shall not be altered, regraded, filled or built upon except in conformance with the Paradise Township Floodplain Management Ordinance.

[Amended 11-19-2012 by Ord. No. 204]

Creeks, streams, rivers, ponds and lakes are included in and regulated by the Riparian Buffer Overlay District found at Article XV.

Site Disturbance.

Protection of vegetation for excavations.

When digging trenches for utility lines or similar uses, disturbance to the root zone of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.

Protection of topsoil.

No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least four inches of topsoil cover over all of the site's exposed earth surfaces.

[Amended 11-19-2012 by Ord. No. 204]

Wetlands and vernal pools, including the setbacks described above, are hereby included within and protected by the Riparian Buffer Overlay District described in Article XIV.

Determination and delineation of wetlands.

[Amended 5-17-2017 by Ord. No. 245]

[Amended 5-17-2017 by Ord. No. 245]

Editor's Note: Former Subsection C(5)(j), Required setbacks from wetlands, which followed this subsection, was repealed 10-21-2008 by Ord. No. 167.

Editor's Note: Former Subsection C(7), Conservation of riparian buffers, which immediately followed this subsection, was repealed 11-19-2012 by Ord. No. 204.

Conservation of sloping lands.

Any site disturbance on slopes exceeding 15% shall be minimized.

No site disturbance shall be allowed on slopes exceeding 25%, except under the following circumstances:

Grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is possible.

Any driveway or other access road must be designed to have a slope length no greater than 75 feet.

All primary and accessory buildings, septic systems, detention basins or other structures that may create a severe impact upon the slope shall be set back 50 feet from all ridge lines or slope tops.

The use shall not cause the contamination, diminution or interruption of a public or private water supply.

Threat of contamination of groundwater.

The following land uses, physical facilities and activities have the potential to contaminate surface soils and surface water bodies, and therefore represent a threat of contamination of groundwater:

Agricultural operations.

Commercial facilities.

Industrial facilities.

Sewage disposal.

Bulk storage tanks.

Solid waste disposal facilities.

Injection wells.

[h]

Sewage sludge land application.

[i]

Hazardous material storage, treatment and recycling.

[j]

Limited residential activities.

[k]

Subdivisions.

[l]

Land developments.

This section restricts land uses, physical facilities and activities listed above in all three Wellhead Protection Zones.

Schedule of Regulated Land Uses [Amended 6-7-2021 by Ord. No. 272]
Use	Zone 1	Zone 2	Zone 3
Generation, treatment or disposal of regulated substances.	X	X	SE
Bulk storage of regulated substances	X	X	SE
Herbicide, pesticide and fertilizer dealer/distributor	X	X	SE
Agricultural operations	X	X	SE
Animal husbandry facilities	X	X	P
Large Volume subsurface sewage disposal systems	X	X	SE
Large volume spray irrigation sewage disposal systems	X	SE	SE
Underground injection wells	X	X	SE
Aboveground storage tanks*	X	SE	SE
Underground storage tanks	X	X	SE
Waste disposal facilities	X	X	SE
Land application of sewage sludge	X	X	SE
Stormwater retention facilities	X	P	P
Unlined stormwater detention facilities	X	P	P
Mining and quarrying	X	SE	P
Road deicing material storage	X	SE	P
Textile and apparel product manufacturing	X	SE	P
Lumber and wood preserving	X	SE	P
Printing and publishing	X	SE	P
Chemical manufacturing	X	SE	P
Dry cleaning establishments	X	SE	P
Leather product manufacturing	X	SE	P
Mineral product manufacturing	X	SE	P
Metal product manufacturing	X	SE	P
Machine shops	X	SE	P
Electronic/electronic equipment manufacturing	X	SE	P
Transportation maintenance facilities	X	SE	P
Scrap and metal container recyclers	X	SE	P
Chemical and petroleum storage and sales	X	SE	P
Automotive repair, services and related parking	X	SE	P
Personal services: laundry, pest control, photofinishing	X	SE	P
Repair services: furniture, welding, septage services	X	SE	P
Educational, medical and engineering labs	X	SE	P
Sewage disposal facilities	X	SE	P
Ground Source Heat Pumps	SE	SE	SE

*	Above ground fuel tanks with capacity of 200 gallons or less required for the operation of equipment associated with safe wellhead operation are permitted, provided adequate secondary containment measures are installed.

Special exception permits shall be issued in accordance with the Schedule of Regulated Land Uses, above, provided the conditions below are met:

Underground injection well operators must submit a copy of current registration with the Environmental Protection Agency with the Township.

Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or ground waters.

No sewage disposal system may be installed within 100 feet of any existing or permitted drinking water well.

Ground source heat pumps are considered private wells regulated under this chapter, and shall also comply with the following:

Ground source heat pumps may not have any formal connections to any septic system.

Horizontal closed loop ground source heat pumps must be a minimum of 25 feet from any existing or permitted septic system.

Closed loop ground source heat pumps that treat extracted water in any way, or involve circulation of toxic refrigerants below the surface, are prohibited.

Water treatment associated with open loop ground source heat pumps is prohibited.

Applicants for ground source heat pumps with separate return wells must provide documentation that the return well is capable of handling the volume of water that passes through the heat pump.

The following activities are specifically excluded from regulation under this section:

Subdivisions and land developments regulated under Chapter 131 of the Paradise Township Code of Ordinances shall be designed consistent with the following:

Stormwater retention and/or unlined detention basins shall be prohibited within Wellhead Protection Zone 1.

Subdivision and land developments proposed with subsurface sewage disposal shall provide a tested and suitable primary absorption area and a tested and suitable secondary absorption area on each lot.

[Added 3-1-2011 by Ord. No. 189]

[Amended 8-4-2014 by Ord. No. 221]

Existing resources site analysis plan unrelated to application.

Plan review.

Applicants for activities defined in § 160-21C(13) but not related to a subdivision or land development shall submit an existing resources site analysis plan in accordance with § 131-39.

(15)

(16)

Existing resources site analysis plan amendments.

Field modifications of a minor nature may be approved by the Township Engineer in the form of written authorization.

No private well may be constructed within 100 feet of any existing or permitted sewage disposal system.

No private well may be constructed within 100 feet of any infiltration trench or dry well.

Permanent well casings shall be continuous and watertight from top to bottom of the installed casing except for any well screens.

All wells shall have suitable threaded, flanged or welded caps or compression seals to prevent foreign material from entering the well.

Permit requirements for private wells.

No private well shall be constructed within Paradise Township without first obtaining a permit from the Zoning Officer.

Permit applications shall be submitted in the name of and executed by the owner(s) of the property.

Permit applications:

Shall be submitted in person or mailed on a properly completed Township form;

Shall be signed by the applicant or authorized representative.

Shall include a plan showing the location of the proposed well in relation to the property boundaries and the nearest subsurface septic system.

Shall include a fee in accordance with the comprehensive fee schedule adopted by resolution of the Board of Supervisors.

Permit Issuance.

Permits will be issued only to the owner(s) of the property. Permits will not be issued to the contractor(s) or to any person(s) other than the owner(s) of the property.

Operational Plan. All proposed nonresidential uses shall submit an Operational Plan for review and approval as part of any zoning application.

Explosives storage and use. All proposed uses that use explosive materials at any time shall submit the following:

[Amended 3-18-2019 by Ord. No. 259]

Approved current licenses required by 25 Pa. Code Chapters 210 and 211.

Auto Liability covering any auto with a combined single limit of not less than $1,000,000.

Revegetation.

Revegetation shall provide a quick-germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion and may include, but not be limited to, crown vetch.

All revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productive levels compatible with the approved post-mining land use.

Disturbed areas shall be seeded and planted during the first normal period for favorable planting after reclamation has commenced.

Immediately after haul roads are no longer needed for the associated surface mining activities or post-mining land use:

The road shall be physically closed to vehicular traffic.

The road and adjacent slopes shall be regraded to blend with the natural contours and drainage patterns.

All bridges and culverts shall be removed.

Cross drains, dikes and water bars shall be constructed and maintained to minimize erosion.

All disturbed areas shall be revegetated in accordance with this chapter.

§ 160-21-A Haul roads.

Haul roads shall be lined on both sides with evergreen trees at least seven feet in height at the time of planting. The trees shall be placed in two staggered rows and spaced at eight-foot centers.

The screening requirements for haul roads shall also apply to roads which leave the tract on which the operation is located and enter any other property, zone, tract, etc.

§ 160-21-B Inspections.

The Township shall have the right to inspect the quarrying operations at any time during normal business hours upon notice to owner/operator.

§ 160-21-C Conservation subdivisions and master developments.

Permitted Density Calculation.

Determination of density (or maximum number of permitted dwelling units) shall be based on adjusted tract acreage in accordance with Schedule IV.

Where a tract exists in more than one Zoning District, density shall be calculated in a manner proportionate to the total tract area contained in each individual district.

Minimum greenway land calculations for conservation subdivisions and master development plans shall be conducted as follows:

Option 1 (neutral density) subdivisions minimum greenway land shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 2 (enhanced density) subdivisions minimum greenway land shall be 60% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 3 (estate lots) subdivision minimum greenway land shall consist of primary conservation areas and may be contained within privately owned lots.

Option 4 (country properties) subdivision minimum greenway land shall consist of 80% of the total tract acreage and may be contained within privately owned lots.

Minimum greenway land for master development plans shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Greenway land design standards and other requirements.

Greenway design standards.

Other Requirements.

Pedestrian and maintenance access shall be provided to greenway land, excluding those lands used for agricultural or horticultural purposes, in accordance with the following requirements:

Each neighborhood shall provide one centrally located access point with minimum width of 35 feet per 15 lots.

Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

Permanent Greenway Protection.

Ownership and Maintenance of Greenway Land.

Fee Simple Dedication to the Township. The Township may, but shall not be required to, accept any portion of the greenway land, provided that:

There is no cost of acquisition to the Township; and,

The Township agrees to and has access to maintain greenway land.

Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title;

The association shall be responsible for maintenance and insurance of greenway land;

The association shall have adequate staff to administer, maintain, and operate such greenway land.

The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the County becomes unwilling or unable to continue carrying out its functions;

The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or the County.

There shall be no cost of acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Maintenance.

The applicant shall, at the time of preliminary plan submission, define land ownership.

The applicant shall, at the time of final plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities in accordance with the following requirements:

The applicant shall be required to escrow sufficient funds for the maintenance and operation costs of greenway land for one year; and,

Any changes to the maintenance plan shall be approved by the Board of Supervisors.

Paradise Township Monroe County
City Zoning Code

ARTICLE IV

Supplementary Regulations

§ 160-13 Applicability.

§ 160-13-A Exceptions to yard and height requirements.

§ 160-13-B Architectural standards for nonresidential structures.

[Added 8-16-2011 by Ord. No. 195]

Roofs on all new or substantially improved nonresidential buildings shall be pitched at least 25°. Flat roofs shall be permitted only if they are green roofs, as defined.

§ 160-14 Supplementary lot, yard and height regulations.

Corner lots.

Through lots. Where a lot extends through from road to road, the applicable front yard regulations shall apply on both road frontages.

Driveways.

No driveway shall provide access to a lot located in another district, if such lot is used for purposes prohibited in the district in which the driveway is located.

All new driveways shall be constructed to ingress and egress on to the lowest street classification, if possible.

Fence setback exception. No front, side or rear yard setback shall be required for any fence. However, no fence shall interfere with any required sight distance.

No structure or building shall be erected closer than five feet from the toe of any elevated sand mound berm nor closer than 10 feet from any disposal area.

§ 160-15 Accessory structures and uses.

Accessory structures and uses shall be located as follows:

Attached accessory buildings. An accessory building attached to a principal building used for residential purposes shall be considered to be part of the principal building.

Detached accessory buildings or structures. Buildings, accessory to residential buildings, that are not attached to the principal building may be located as follows:

Such buildings shall be separated from the principal building by at least 10 feet.

Such buildings shall not exceed 35 feet in height.

All fuel storage tanks and air-conditioning units shall be a minimum of 10 feet from any property line.

Private outdoor swimming pools. A single private outdoor swimming pool is permitted on the same lot with a residence, subject to the following conditions:

Such pool is for the private use of the residents of the dwelling unit or their guests.

Setback requirements for such pool shall meet the requirements of § 160-15B.

All building setbacks pertaining to pools shall be measured to the vertical wall of the pool.

Storage of vehicles and boats.

Commercial vehicles over 25 feet in length shall be parked in a residential district only if fully screened from adjoining properties.

Any boat, not over 25 feet in length, may be stored, but not used for any purpose, on an occupied lot in a residential district, provided that such boat is not stored within the setback areas.

No trailer, camper or other recreational vehicle shall be parked or stored in any residential district within the building setback lines.

§ 160-16 Off-street parking and loading.

Off-street parking requirements.[1]

[Amended 8-16-2011 by Ord. No. 195]

All required parking shall be located outside the limits of any street right-of-way, whether public or private.

Editor's Note: Schedule II is included as an attachment to this chapter.

When the computation of parking spaces results in a fraction, the required number of spaces shall be decreased to the last whole number.

Required parking facilities shall be on the same lot or premises as the principal use served, except as follows below.

All required parking facilities shall be dedicated as such and shall not be used for any other purpose which interferes with its ability to provide parking for the use that it serves.

Guest parking for single-family attached and multifamily residential uses and for mobile home parks shall be within 300 feet of the use which it serves.

Garages may be included as required parking spaces, provided that their use is restricted to the storage of motor vehicles.

Garages must be situate so that they meet all building setback requirements.

Design standards.

Parking facilities shall be designed so that their use does not constitute a nuisance, a hazard or an unreasonable impediment to traffic.

Parking facilities shall be arranged and marked for orderly safe movement.

All parking spaces shall have a minimum stall width of 10 feet and a minimum stall length of 20 feet, except parallel parking spaces which are a minimum of eight feet by 22 feet.

Aisles within parking areas shall have the following minimum widths:

Parking Angle	One-Way	Two-Way
90°	22 feet	24 feet
60°	18 feet	21 feet
45°	15 feet	18 feet
30°	12 feet	18 feet
Parallel	12 feet	18 feet

Entrance and exit drives shall have the following minimum widths:

Use	Travel Way	Shoulder
Single-family residence	10 feet	N/A
Other use, one-way	12 feet	4 feet
Other use, two-way	20 feet	5 feet

No entrance or exit for any off-street parking or loading area shall be located within 40 feet of any road intersection.

Parking spaces shall be within 150 feet of the residential use which it serves.

Parking facilities for three or more vehicles shall not be designed to require or encourage vehicles to back into a street in order to leave a space.

All parking areas, aisles and drives shall be surfaced with a dustless, durable material, be properly graded to dispose of all surface water and shall be maintained at all times.[3]

(k)

Rows of parking spaces are limited to 15 vehicles. Individual parking areas are limited to 60 vehicles.[4]

(l)

A passenger vehicle turnaround is required at the end of a dead-end parking area.

(m)

Buffers shall be provided in accordance with Chapter 131 (Subdivision and Land Development), Section 131-34.

[Amended 4-3-2017 by Ord. No. 244]

Editor's Note: See diagram included as an attachment to this chapter.

Off-street loading and unloading.

All loading spaces shall have direct access to the point of entry into the building being served.

Loading spaces required by this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.

The minimum size of all such loading spaces shall be 12 feet by 30 feet with a minimum vertical clearance of 14 feet.

§ 160-17 Exterior lighting.

Lighting objectives.

No light source should create glare.

No light source should be exposed to the eye except those covered by globes.

Lighting should be indirect or surrounded by a shade to hide the light source.

Excess glare will be measured by its nuisance value to adjacent residences.

Lighting design should be an inherent part of the architectural design.

Lighting requirements apply to both area lighting and illuminated signs.

All outdoor lighting on the property shall meet the requirements of § 160-17.

Screening is required in compliance with § 160-18.

Noise levels shall comply with the requirements of § 160-19.

A traffic study is required in compliance with § 160-20 if the use will generate traffic that meets the criteria established by PennDOT for a low volume driveway or greater.

Evidence of adequate potable water supply and sanitary sewage disposal for the use in question on the property shall be provided by the applicant.

The Applicant must obtain Conditional Use approval pursuant to the provisions of this chapter.

Any additional uses on the lot and all accessory uses shall comply with all additional applicable requirements of this chapter.

Access shall be to a Collector Street or greater.

§ 160-18 Buffers.

[Amended 4-3-2017 by Ord. No. 244]

Applicability.

The following are exempt from Buffer requirements:

Agricultural uses in § 160-12A(3);

One-Family and Two-Family Dwelling Units on individual lots.

Public Streets created as part of a subdivision of land are required to comply with the Street Tree requirements in Chapter 131 (Subdivision and Land Development), § 131-34.

§ 160-19 Nuisance control.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential, public space, open space, agricultural or industrial	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	60 50
Commercial or business	6:00 a.m. to 9:00 p.m. 9:00 p.m. to 6:00 a.m. plus Sundays and legal holidays	65 60
Industrial	At all times	70

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

Domestic power tools between the hours of 6:00 a.m. and 9:00 p.m.

Construction operations between the hours of 6:00 a.m. and 9:00 p.m.

Agriculture.

Motor vehicle operations.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

The unamplified human voice in residences.

Periodic school activities.

Fumes and gases. No use shall emit fumes or gases in excess of levels permitted by the United States Environmental Protection Agency (USEPA), PADEP or other appropriate regulatory agency.

The applicant shall supply information to the Township, including the type of equipment to be used, operating times and parameters, etc., to verify proposed compliance with this requirement.

Blasting schedule publication. Public notice of blasting schedule to be completed prior to initiation of blasting.

Any routine blasting schedule shall be republished every 12 months.

Blasting schedule contents.

The blasting schedule shall contain, at a minimum, the following:

Dates and time periods when explosives are to be detonated.

The types of audible warning and all-clear signals to be used before and after blasting.

Methods to be used to control access to blasting area.

Location, date and time of blast.

Name, signature and license number of blaster in charge.

Type of material blasted.

Number of holes, burden and spacing.

Diameter and depth of holes.

Types of explosives used.

Total amount of explosives used.

Maximum amount of explosives per delay period of eight milliseconds or greater.

Method of firing and type of circuit.

Direction and distance, in feet, to nearest occupied structure, neither owned nor leased by the person conducting blasting or the surface mining operator/owner.

Scaled distance.

Weather conditions.

Direction of wind.

Height or length of stemming.

[15]

Type of delay electric blasting caps used and delay periods used.

§ 160-20 Traffic impact study.

[Amended 9-16-2019 by Ord. No. 260]

Traffic data, projections and analysis periods.

Traffic data used in the Study shall not be more than one year old.

Trip generation rates required.

Rate sums. Any significant difference between the sums of single-use rates and proposed mixed-use estimates must be justified in the Study.

Explanations required. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the Study.

Definition of influence area.

Estimates of trip distribution required.

Trip distribution shall be estimated using analogy, trip distribution model, or surrogate data.

The methodology for determining trip distribution shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Trip assignments.

The methodology for determining trip assignments shall be mutually agreed upon between the Township Engineer and the traffic engineer preparing the Study.

Analysis.

Where a Level of Service (LOS) "F" results, the associated delay shall be noted in the study. Existing peak hour factors and site specific truck and roadway grade percentages shall be utilized.

Traffic Signal Warrant analyses evaluating all warrant criteria shall be completed for each unsignalized intersection which is shown to have an approach operating at an LOS "E" or "F."

Where traffic signals exist or are proposed, analyses of the need for signalized left-turn phases shall be completed in accordance with PENNDOT Publication 149.

Accident data for the most recent three-year period shall be presented and analyzed for trends, type of accidents and causation factors.

§ 160-21 Other required approvals.

Floodplains. Areas identified as within a flood-prone area shall not be altered, regraded, filled or built upon except in conformance with the Paradise Township Floodplain Management Ordinance.

[Amended 11-19-2012 by Ord. No. 204]

Creeks, streams, rivers, ponds and lakes are included in and regulated by the Riparian Buffer Overlay District found at Article XV.

Site Disturbance.

Protection of vegetation for excavations.

When digging trenches for utility lines or similar uses, disturbance to the root zone of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.

Protection of topsoil.

No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least four inches of topsoil cover over all of the site's exposed earth surfaces.

[Amended 11-19-2012 by Ord. No. 204]

Wetlands and vernal pools, including the setbacks described above, are hereby included within and protected by the Riparian Buffer Overlay District described in Article XIV.

Determination and delineation of wetlands.

[Amended 5-17-2017 by Ord. No. 245]

[Amended 5-17-2017 by Ord. No. 245]

Editor's Note: Former Subsection C(5)(j), Required setbacks from wetlands, which followed this subsection, was repealed 10-21-2008 by Ord. No. 167.

Editor's Note: Former Subsection C(7), Conservation of riparian buffers, which immediately followed this subsection, was repealed 11-19-2012 by Ord. No. 204.

Conservation of sloping lands.

Any site disturbance on slopes exceeding 15% shall be minimized.

No site disturbance shall be allowed on slopes exceeding 25%, except under the following circumstances:

Grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is possible.

Any driveway or other access road must be designed to have a slope length no greater than 75 feet.

All primary and accessory buildings, septic systems, detention basins or other structures that may create a severe impact upon the slope shall be set back 50 feet from all ridge lines or slope tops.

The use shall not cause the contamination, diminution or interruption of a public or private water supply.

Threat of contamination of groundwater.

The following land uses, physical facilities and activities have the potential to contaminate surface soils and surface water bodies, and therefore represent a threat of contamination of groundwater:

Agricultural operations.

Commercial facilities.

Industrial facilities.

Sewage disposal.

Bulk storage tanks.

Solid waste disposal facilities.

Injection wells.

[h]

Sewage sludge land application.

[i]

Hazardous material storage, treatment and recycling.

[j]

Limited residential activities.

[k]

Subdivisions.

[l]

Land developments.

This section restricts land uses, physical facilities and activities listed above in all three Wellhead Protection Zones.

Schedule of Regulated Land Uses [Amended 6-7-2021 by Ord. No. 272]
Use	Zone 1	Zone 2	Zone 3
Generation, treatment or disposal of regulated substances.	X	X	SE
Bulk storage of regulated substances	X	X	SE
Herbicide, pesticide and fertilizer dealer/distributor	X	X	SE
Agricultural operations	X	X	SE
Animal husbandry facilities	X	X	P
Large Volume subsurface sewage disposal systems	X	X	SE
Large volume spray irrigation sewage disposal systems	X	SE	SE
Underground injection wells	X	X	SE
Aboveground storage tanks*	X	SE	SE
Underground storage tanks	X	X	SE
Waste disposal facilities	X	X	SE
Land application of sewage sludge	X	X	SE
Stormwater retention facilities	X	P	P
Unlined stormwater detention facilities	X	P	P
Mining and quarrying	X	SE	P
Road deicing material storage	X	SE	P
Textile and apparel product manufacturing	X	SE	P
Lumber and wood preserving	X	SE	P
Printing and publishing	X	SE	P
Chemical manufacturing	X	SE	P
Dry cleaning establishments	X	SE	P
Leather product manufacturing	X	SE	P
Mineral product manufacturing	X	SE	P
Metal product manufacturing	X	SE	P
Machine shops	X	SE	P
Electronic/electronic equipment manufacturing	X	SE	P
Transportation maintenance facilities	X	SE	P
Scrap and metal container recyclers	X	SE	P
Chemical and petroleum storage and sales	X	SE	P
Automotive repair, services and related parking	X	SE	P
Personal services: laundry, pest control, photofinishing	X	SE	P
Repair services: furniture, welding, septage services	X	SE	P
Educational, medical and engineering labs	X	SE	P
Sewage disposal facilities	X	SE	P
Ground Source Heat Pumps	SE	SE	SE

*	Above ground fuel tanks with capacity of 200 gallons or less required for the operation of equipment associated with safe wellhead operation are permitted, provided adequate secondary containment measures are installed.

Special exception permits shall be issued in accordance with the Schedule of Regulated Land Uses, above, provided the conditions below are met:

Underground injection well operators must submit a copy of current registration with the Environmental Protection Agency with the Township.

Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or ground waters.

No sewage disposal system may be installed within 100 feet of any existing or permitted drinking water well.

Ground source heat pumps are considered private wells regulated under this chapter, and shall also comply with the following:

Ground source heat pumps may not have any formal connections to any septic system.

Horizontal closed loop ground source heat pumps must be a minimum of 25 feet from any existing or permitted septic system.

Closed loop ground source heat pumps that treat extracted water in any way, or involve circulation of toxic refrigerants below the surface, are prohibited.

Water treatment associated with open loop ground source heat pumps is prohibited.

Applicants for ground source heat pumps with separate return wells must provide documentation that the return well is capable of handling the volume of water that passes through the heat pump.

The following activities are specifically excluded from regulation under this section:

Subdivisions and land developments regulated under Chapter 131 of the Paradise Township Code of Ordinances shall be designed consistent with the following:

Stormwater retention and/or unlined detention basins shall be prohibited within Wellhead Protection Zone 1.

Subdivision and land developments proposed with subsurface sewage disposal shall provide a tested and suitable primary absorption area and a tested and suitable secondary absorption area on each lot.

[Added 3-1-2011 by Ord. No. 189]

[Amended 8-4-2014 by Ord. No. 221]

Existing resources site analysis plan unrelated to application.

Plan review.

Applicants for activities defined in § 160-21C(13) but not related to a subdivision or land development shall submit an existing resources site analysis plan in accordance with § 131-39.

(15)

(16)

Existing resources site analysis plan amendments.

Field modifications of a minor nature may be approved by the Township Engineer in the form of written authorization.

No private well may be constructed within 100 feet of any existing or permitted sewage disposal system.

No private well may be constructed within 100 feet of any infiltration trench or dry well.

Permanent well casings shall be continuous and watertight from top to bottom of the installed casing except for any well screens.

All wells shall have suitable threaded, flanged or welded caps or compression seals to prevent foreign material from entering the well.

Permit requirements for private wells.

No private well shall be constructed within Paradise Township without first obtaining a permit from the Zoning Officer.

Permit applications shall be submitted in the name of and executed by the owner(s) of the property.

Permit applications:

Shall be submitted in person or mailed on a properly completed Township form;

Shall be signed by the applicant or authorized representative.

Shall include a plan showing the location of the proposed well in relation to the property boundaries and the nearest subsurface septic system.

Shall include a fee in accordance with the comprehensive fee schedule adopted by resolution of the Board of Supervisors.

Permit Issuance.

Permits will be issued only to the owner(s) of the property. Permits will not be issued to the contractor(s) or to any person(s) other than the owner(s) of the property.

Operational Plan. All proposed nonresidential uses shall submit an Operational Plan for review and approval as part of any zoning application.

Explosives storage and use. All proposed uses that use explosive materials at any time shall submit the following:

[Amended 3-18-2019 by Ord. No. 259]

Approved current licenses required by 25 Pa. Code Chapters 210 and 211.

Auto Liability covering any auto with a combined single limit of not less than $1,000,000.

Revegetation.

Revegetation shall provide a quick-germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion and may include, but not be limited to, crown vetch.

All revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productive levels compatible with the approved post-mining land use.

Disturbed areas shall be seeded and planted during the first normal period for favorable planting after reclamation has commenced.

Immediately after haul roads are no longer needed for the associated surface mining activities or post-mining land use:

The road shall be physically closed to vehicular traffic.

The road and adjacent slopes shall be regraded to blend with the natural contours and drainage patterns.

All bridges and culverts shall be removed.

Cross drains, dikes and water bars shall be constructed and maintained to minimize erosion.

All disturbed areas shall be revegetated in accordance with this chapter.

§ 160-21-A Haul roads.

Haul roads shall be lined on both sides with evergreen trees at least seven feet in height at the time of planting. The trees shall be placed in two staggered rows and spaced at eight-foot centers.

The screening requirements for haul roads shall also apply to roads which leave the tract on which the operation is located and enter any other property, zone, tract, etc.

§ 160-21-B Inspections.

The Township shall have the right to inspect the quarrying operations at any time during normal business hours upon notice to owner/operator.

§ 160-21-C Conservation subdivisions and master developments.

Permitted Density Calculation.

Determination of density (or maximum number of permitted dwelling units) shall be based on adjusted tract acreage in accordance with Schedule IV.

Where a tract exists in more than one Zoning District, density shall be calculated in a manner proportionate to the total tract area contained in each individual district.

Minimum greenway land calculations for conservation subdivisions and master development plans shall be conducted as follows:

Option 1 (neutral density) subdivisions minimum greenway land shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 2 (enhanced density) subdivisions minimum greenway land shall be 60% of the adjusted tract acreage plus 100% of primary conservation areas.

Option 3 (estate lots) subdivision minimum greenway land shall consist of primary conservation areas and may be contained within privately owned lots.

Option 4 (country properties) subdivision minimum greenway land shall consist of 80% of the total tract acreage and may be contained within privately owned lots.

Minimum greenway land for master development plans shall be 50% of the adjusted tract acreage plus 100% of primary conservation areas.

Greenway land design standards and other requirements.

Greenway design standards.

Other Requirements.

Pedestrian and maintenance access shall be provided to greenway land, excluding those lands used for agricultural or horticultural purposes, in accordance with the following requirements:

Each neighborhood shall provide one centrally located access point with minimum width of 35 feet per 15 lots.

Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

Permanent Greenway Protection.

Ownership and Maintenance of Greenway Land.

Fee Simple Dedication to the Township. The Township may, but shall not be required to, accept any portion of the greenway land, provided that:

There is no cost of acquisition to the Township; and,

The Township agrees to and has access to maintain greenway land.

Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title;

The association shall be responsible for maintenance and insurance of greenway land;

The association shall have adequate staff to administer, maintain, and operate such greenway land.

The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the County becomes unwilling or unable to continue carrying out its functions;

The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or the County.

There shall be no cost of acquisition to the Township;

Any such easements for public use shall be accessible to the residents of the Township; and

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Maintenance.

The applicant shall, at the time of preliminary plan submission, define land ownership.

The applicant shall, at the time of final plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities in accordance with the following requirements:

The applicant shall be required to escrow sufficient funds for the maintenance and operation costs of greenway land for one year; and,

Any changes to the maintenance plan shall be approved by the Board of Supervisors.