Penn Forest Township
City Zoning Code

Internal cafeteria without drive-through service;

Day-care center; or

Recreational facilities.

A new detached accessory building shall be set back a minimum of 10 feet from a dwelling on the same lot.

A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.

See Note D above considering porches or decks in front yard setbacks.[2]

See § 240-43 for swimming pools.

Include maps delineating the natural resources and a table demonstrating compliance with this § 240-33D; and

Meet the other requirements of this § 240-33D.

The application only involves an adjustment to the lot lines of an existing lot or the merger of two or more existing lots;

A maximum of two new lots that will allow new buildings are in such application, and each such lot will have a lot area of three acres or more and only involve single-family detached dwellings or agricultural uses; or

The total lot area is two acres or less, prior to any subdivision.

Base site area. Certain portions of land that are less suitable for development are required to be subtracted from the total land area to determine the base site area.

Resource protection ratios. Portions of a site which have overlapping resource protection restrictions shall be subject to the highest natural resource protection ratio and shall be calculated only once.

Resource protection lands. The applicant shall utilize the following natural resource protection ratios for each resource and the acreage of each resource within the base site area to complete the following table. This completed table shall then be submitted with a subdivision or land development plan and shall be revised as necessary based upon review by the Township. The table shall be completed to the nearest three decimal places (such as 2.221 acres).

Determination of site capacity.

A lot of over 10 acres;

The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot'

A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot;

Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township; or

Existing lots of record.

If such building area for each lot includes more than 1,000 square feet of land area with a slope of 15% or greater, then the minimum lot area shall be one acre, unless a larger lot area is required by another section of this chapter.

Through designations on the Township-approved site plan, an applicant may limit the area upon which new principal buildings are permitted. By committing to not place a principal building on slopes 15% or greater, the applicant can avoid the larger lot size requirement of this subsection.

The proposed lot lines;

The existing and proposed contours; and

Existing and proposed building locations, and the outer perimeter of the proposed building area as described above.

Natural site determinants. The developer shall map all relevant natural resources information and shall complete and compute net buildable site area calculations as provided in § 240-33.

Capacity determinants. The applicant shall describe traffic generation, including an analysis of the capacity of streets serving the site as well as predictions on traffic generated by the site, and sewer and water capabilities indicating the improvements needed to serve the site.

General site analysis. The applicant shall submit a location map showing the area within one-half mile radius of the site and to the nearest arterial highway designated in this chapter. The following information shall be provided: identifiable areas of homogeneous land use; structures of historical or architectural interest; and facilities including school, fire companies, sewer, water and recreation areas. Evidence of compliance with density and intensity requirements of this chapter shall also be detailed.

The Supervisors, after considering any recommendations of the Township Planning Commission and County Planning Commission, shall respond in writing to the applicant within 60 days from the receipt of the feasibility review application, indicating general approval or disapproval of the proposal. The response shall detail areas of the site recommended for conservation, any improvements or dedications on or off site that shall be required.

General disapproval of a proposed PRD during a feasibility review shall not preempt a developer from applying for tentative approval as specified in the chapter.

A plan indicating the location, size, topography, and vegetative cover of the site and the nature of the landowner's interest in the land proposed and developed.

A site plan and other drawings showing the overall density, impervious surface ratio, and open space ratio, and the density of the land use to be allocated to various portions of the site to be developed, the location and size of the common open space, the use, approximate height, bulk, and location of buildings and other information including building elevations, planting plan schedule, provisions for parking of vehicles, and location and width of streets and public ways.

Such drawings and documents as are required to establish the feasibility of proposals for the disposal of sanitary wastes and stormwater, the substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including easements or grants for public utilities, the feasibility of the proposed maintenance and use levels of various areas of the open space in sufficient detail so that the Township may evaluate the use of the open space and maintenance that it is expected to receive. Elevations and perspective sketches are encouraged. The written document shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the zoning plan and the best interests of the Township; the required modifications to municipal land use regulations otherwise applicable to the property; the form of organization proposed to own and maintain common open space; and in the case of development plans calling for development over a period of years, a schedule of proposed time within which applications for final approval of the various sections of the proposed planned residential development are intended. This schedule must be updated annually on the anniversary of the grant of tentative approval.

Immediately upon receipt, the plans shall be referred to the Township Planning Commission and the County Planning Commission for review.

A fee, as stipulated in the fee schedule adopted separately, shall be charged the developer by the Township for reviewing tentative plans.

Within 60 days after filing an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Supervisors in the manner prescribed for the enactment of an amendment of this chapter. The Chairperson or, in his absence, the Acting Chairperson of the Supervisors, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at the hearing shall have the right to cross-examine adverse witnesses.

A verbatim record of the hearing shall be kept by the Supervisors whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting the proceedings, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved; or, if not accepted in evidence, shall be properly identified and the reason for the exclusion noted clearly in the record.

The Supervisors may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

The Supervisors, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communication to the landowner, either:

Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Supervisors, notify the Board of his refusal to accept all said conditions, in which case, the Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial; and said communication shall set forth particularly in what respects the development plan would or would not be in the public interest, including, but not limited to, the findings of fact and conclusions on the following:

In the event a development plan is granted tentative approval, with or without conditions, the Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed; or in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be more than three months; and in the case of development over a period of years, the time between applications for final approval of each part of a plan shall be not more than 12 months.

Refile his application for final approval without the variations objected to; or

File a written request with the Supervisors that it hold a public hearing on his application for final approval. All plans will be referred to the Township Planning Commission and Carbon County Planning Commission for review. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.

Feasibility application: 12 copies required.

Tentative application: 18 copies required.

Final application: 14 copies, including two mylar copies, required.

Single-family detached.

Single-family detached - off-center.

Twin dwellings.

Townhouse.

Apartments.

Clubhouse.

Rain shelters and rest facilities.

Tennis courts.

Swimming pool.

Fitness center.

A pedestrian circulation system shall be planned for PRDs. Such a system shall be designed to provide for the safe movement of pedestrians between residential areas, open space and other amenities within the development. Suitable markings and signage shall be provided to alert motorist and pedestrians of any roadway crossings. Such a system shall be shown on the overall master plan and subsequent final plans.

Minimum percent of the total site area that shall be preserved as common open space: 60%

Maximum density in dwelling units allowed on average per net buildable acre: 2.50.

Maximum impervious coverage for the total site area: 0.35

Protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to persist; and

Minimize edge conditions and associated colonization by invasive plant species.

Represented by a single application; and

Presented and approved under a common plan. The entire tract shall be designed in accordance with this article.

Maximum number of dwelling units permitted in § 240-39E(1).

Any additional units permitted as the result of the discretionary density bonus permitted in § 240-391.

Any additional historic dwellings preserved in accordance with § 240-39E(3), below.

Such dwellings meet the definition of a historic resource, per Article III;

The dwelling is preserved in accordance with the Secretary of the Interior standards; and

The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Board of Supervisors.

For each five acres of Greenway Land dedicated for public active or passive recreational use, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 240-39E(1).

For each 2,500 feet of unpaved trail or 1,250 feet of paved trail dedicated for public use, one additional dwelling unit shall be permitted, up to a maximum increase of 15% over the maximum number of units permitted in § 240-39E(1). Such density bonus shall not apply to sidewalks or other paths to which public access is customarily permitted.

Where both Greenway Lands and trails are dedicated for public use, the combined maximum increase in the number of units shall not exceed 15% over the maximum number of units permitted in § 240-39E(1).

The decision whether to accept an applicant's offer to dedicate land for public use under this Section shall be at the discretion of the Board of Supervisors.

Active non-commercial recreation areas shall not consume more than 50% of the minimum required Greenway Land or five acres, whichever is less. The five-acre limit may be increased to 10 acres on development parcels 200 acres or larger.

Active non-commercial recreation areas shall not be located within 150 feet of the tract boundary or a dwelling unit within the development parcel.

Minimum parking facilities, as determined by the Board of Supervisors, may be permitted. Such lots may be paved with gravel and shall be unlighted, except as may be needed for security, properly drained, and provide safe ingress and egress.

Any active non-commercial recreation areas such as playing fields, courts, or swimming pools, requiring supporting structures, and their parking areas, shall not count toward the minimum required Greenway Land, unless dedicated to the Township. Structures shall be de minimis to the activity.

Water supply systems.

Sewage disposal systems.

Stormwater management systems. The following stormwater management practices are acceptable within the Greenway Land, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual:

Implementation of the Township Comprehensive Plan; Park, Recreation and Open Space Plan; trail map or official map in effect at the time of the application;

Trails integral to children's access to schools and parks;

Impact on woodland and stream corridors.

Where existing vegetation provides an adequate buffer, as determined by the Board of Supervisors, the depth may be reduced to 75 feet.

Where the buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through restricted mowing policies and the periodic removal of invasive plant species.

No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:

Access to open space used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

Easements shall be granted to a land conservancy meeting the requirements in § 240-39N(1)(c) or to the Township. The Grantee shall have the rights of reasonable entry and enforcement.

The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Planning Commission during the subdivision process.

Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the Grantee.

The uses of property subject to the conservation easement shall be limited to the permitted uses defined by § 240-39J. The following restrictions shall also apply:

The terms and restrictions of the conservation easement shall be approved by the Board of Supervisors which shall be guided by the objectives set forth in the Township Comprehensive Plan and the Township Park and Recreation Plan, as well as the open space management plan for the property.

Provisions pertaining to remedies, liability, indemnification and other relevant subjects, shall be approved by the Grantor, the Board of Supervisors and the authorized representative of the Grantee before final approval of the development plan by the Board of Supervisors.

When Greenway Land totals less than five acres, a deed restriction may be used.

If no entity is available or willing to hold a conservation easement on required Greenway Land, a deed restriction may be used.

The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the Township. If the Township does not agree to be party to the restriction, no deed restriction shall be used.

Restrictions, meeting Township specifications, shall be placed in the deed for each lot with Greenway Land. The deed restriction shall ensure the permanent protection and continuance of the Greenway Land and shall define permitted uses in compliance with § 240-39J.

It shall be clearly stated in the individual deeds that maintenance responsibility for the Greenway Land lies with the property owner.

Penn Forest Township.

Community Association. Greenway land and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a Community Association. Community Association Documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a Homeowners' Association Document) or the Pennsylvania Uniform Condominium Act (as to a Condominium Association Document), as the case may be. The Community Association Document shall include, but not be limited to, the following:

Private conservation organization or the County. With permission of the Township, an owner may transfer either fee simple title of the Greenway Land or easements on the Greenway Land to a private non-profit conservation organization or to the County provided that:

Conservancy lots. Up to 80% of the required Greenway Land may be located within one or more privately owned conservancy lots of at least 10 acres provided:

Unless otherwise agreed to by the Governing Body, the cost and responsibility of maintaining Greenway Land shall be borne by the property owner, community association, or conservation organization.

The applicant shall, at the time of preliminary plan submission, provide a plan for management of Greenway Land in accordance with § 210-14 of the Subdivision and Land Development Ordinance.

In the event that the organization established to maintain the Greenway Land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the Greenway Land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.

Upon default by any owner or other entity responsible for maintenance of Greenway Land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated to, take the following actions:

Where there is a conflict with the provisions of § 240-63, the provision of this Subsection D(2) shall apply.

A minimum buffer yard width of 100 feet shall be provided along all property lines or in the case of an assemblage of parcels, along all exterior property lines of the assemblage of parcels.

The buffer yard shall be free of structures, dumpsters, storage or display areas, signs, materials, loading and unloading areas, or vehicle parking.

The buffer yard shall include a landscaped screening buffer. Buffer plantings shall be arranged to achieve a dense, opaque, four-season buffer to the satisfaction of the Board of Supervisors and Township Engineer and/or Pennsylvania-certified landscape architect.

If existing healthy trees with a trunk diameter of six inches dbh or greater exist within the buffer yard, they shall be preserved to the maximum extent feasible.

The buffer yard vegetative visual screen shall extend the full length of the lot line, except for:

Buffer yard plantings shall consist of native species planted as follows:

In the event that existing vegetation is adequate to meet the intent of the required buffer yard to screen the data center and data center accessory uses from adjoining properties, the Board of Supervisors, upon recommendation by the Township Engineer and/or Pennsylvania-registered landscape architect, and Planning Commission, may determine that existing topography and/or vegetation constitutes all or part of the required buffer yard.

The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to residential zoning districts and sensitive receptors. An earth berm may be required as a condition of a conditional use approval.

Buffer yard plans. The applicant shall submit plans showing:

All buffer yard plantings shall be perpetually maintained by the property owner. Any plant material that dies, is removed, is diseased, or is severely damaged shall be replaced by the current property owner, on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.

All buffer yard screening shall be assured by a performance guarantee posted with the Board of Supervisors in an amount equal to the estimated cost of all such trees, shrubs, plantings, and installation. Such guarantee shall be released only after passage of the second growing season following planting.

To provide visual screening and reduce noise levels, ground-mounted and roof-mounted equipment used for cooling, ventilating, or otherwise operating the facility, including power generation or other power supply equipment, shall be fully enclosed. If, based on the manufacturer's specifications, it is not mechanically feasible to fully enclose the equipment, it shall be fully screened from view using one or more of the following means:

Fencing of the data center and data center accessory uses shall be provided. All fencing shall be located within the setback specified in Subsection C(7), above, and shall be fully screened from view.

The noise and vibration standards of § 240-67 as well as the sound and vibration study requirements of § 240-68 shall apply.

Noise-producing/emitting equipment, such as HVAC, heat exchangers, and backup generators, should be selected such that low noise units and effective engineering noise control methods are used to minimize noise emissions to meet the sound and vibration limits established in § 240-67.

If the use will be served by a publicly owned or other existing centralized water supply and/or sewage disposal system, the applicant shall submit a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification that the necessary capacity is available to serve the proposed development. This letter shall be supplied with the conditional use application.

On-lot water supply. If an approved public water supply is not accessible and water is to be furnished on a project basis, the applicant shall, upon submission of the conditional use application, submit written evidence that the they have complied with all Township and State regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PADEP, DRBC and any other applicable regulations.

If the use is to rely upon a nonpublic source(s) of water, the applicant shall provide, with the conditional use application, a water feasibility study, in accordance with § 240-68. However, the use of a closed-loop water circulation system for cooling equipment, or, in the alternative, such other technology and systems to minimize the use of water and sound emissions from cooling equipment that is acceptable to the Township, is strongly encouraged. Use of such system that results in an average water supply demand of less than 10,000 gallons per day (gpd) over any consecutive 30-day period and discharges of less than 10,000 gpd during any consecutive 30-day period to and from the watershed in which the data center is located shall exempt the data center use from the water feasibility study requirements in § 240-68C(4)(b)[7] through [23], except that the Board of Supervisors may require a well depletion agreement or other data or information as a condition of approval. The aforesaid 10,000-gpd threshold shall apply to all buildings and structures on a cumulative/aggregate basis, and shall not be construed to mean 10,000 gpd per building or per structure.

The use of reclaimed or recycled wastewater for cooling and/or other mechanical operations is strongly encouraged.

The applicant shall provide with the conditional use application documentation prepared by a qualified professional, such as a Pennsylvania-licensed professional engineer, detailing at a minimum the following:

If the applicant proposes to connect the data center to the electric grid, the applicant shall provide with the conditional use application documentation from the applicable electric service provider certifying that the necessary capacity is available, and that the electric service provider will serve the data center. Known impacts on electric rates and on availability for other uses directly attributable to the data center project shall be noted.

All new or upgraded power transmission lines serving a data center or data center accessory use shall be designed and constructed to minimize visual impact on surrounding properties and public rights-of-way. The Township shall require the undergrounding of such lines where feasible and appropriate, at the applicant's expense. The applicant shall demonstrate that the proposed power transmission infrastructure will not place an undue burden on existing electrical supply infrastructure serving the community.

If the data center operator intends to use backup power generators, the operator shall maintain a public website announcing the times when the generators will be in operation. Any routine operation of the backup generators, including for testing purposes, shall be announced on the website at least 24 hours in advance. The operator shall also notify the Township at least 24 hours in advance of a test. Unless the generators are supplying backup electrical supply during a power outage, backup generators shall only operate for a maximum total of 30 minutes on any day and only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Upon request by the Township, the data center operator shall provide the address of the website where the notices required by this subsection are published.

All emissions from backup generators, and all fuel storage facilities associated with backup generators, shall comply with all applicable federal, state, and local regulations, including but not limited to those pertaining to air quality, hazardous materials, and environmental protection.

Proof of compliance, necessary permits and renewals from relevant federal, state and local regulatory agencies shall be provided to the Township within 30 days of receipt.

The applicant shall demonstrate that there is an adequate means of ingress and egress suitable for emergency access to the site. The Board of Supervisors may require additional means of ingress and egress to provide adequate emergency access.

The applicant shall ensure there is adequate radio coverage for emergency responders at and within the data center property(s) and within the interior of buildings, and shall install enhancement systems if needed to meet compliance.

The applicant shall submit with the conditional use application an Emergency Response Plan (ERP) prepared by a qualified professional with Pennsylvania Emergency Management (PEMA) professional-level certification, Emergency Planning Professional (EPP) certification, or other recognized professional-level emergency planning certification. The ERP shall:

Any data center use proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and must include fire suppression systems designed specifically for battery storage.

No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare. This analysis may be performed by an outside expert hired by the Township with costs to be borne by the applicant.

Prior to the issuance of a certificate of occupancy, the applicant shall provide and fund specialized training, and is strongly encourage to provide and fund necessary equipment, for the Township's fire department and other relevant emergency responders regarding the unique hazards and operational characteristics of the data center facility. This training shall cover, but not be limited to, emergency shutdown procedures, hazardous materials handling (if applicable), access points, and specific fire suppression system operations. Ongoing training shall be provided by the data center operator periodically thereafter as deemed necessary by the Board of Supervisors and authority(s) having jurisdiction to ensure continued preparedness.

Leadership in Energy & Environmental Design (LEED) certification is strongly encouraged.

A principal building facade shall include any data center or data center accessory use building facade that faces a road, residential zoning district, or sensitive receptor existing as of the effective date of this section. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.

All principal building facades shall incorporate a minimum of three of the following design elements:

External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.

The main entrance to the building shall either project or recess from the main building plane, and/or be differentiated from the remainder of the building facade by a change in building material. The main entrance feature shall be landscaped.

The applicant shall submit architectural renderings illustrating the building(s) design.

A minimum of 1.5 parking spaces for every one employee, based upon the maximum number of employees on site during the largest shift.

All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of three tractor-trailers.

Decommissioning. Decommissioning shall include the following: