Penn Forest Township, PA Zoning Ordinance

§ 240-61 Frontage onto improved streets; number of uses or buildings; minimum size of dwellings.

Frontage required onto improved street. Each proposed new lot, each land development and each proposed principal building shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 210, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home park, or apartments, each unit may have access onto a parking court which then has access onto a public or private street meeting Township standards.

Number of principal uses and principal buildings per lot.

(1)

A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot, provided that all of the requirements are met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.

(a)

For example, if use one requires a one acre lot area and use two on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.

(b)

The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.

(c)

The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.

(2)

A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.

(a)

A manufactured/mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.

Minimum size of dwellings. Each dwelling unit shall include a minimum of 600 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level.

Occupancy of recreational vehicles and mobile/manufactured homes.

(1)

No recreational vehicle shall be occupied on a lot for more than 180 days in a calendar year, except as may be approved within a campground with suitable central sewage hookups. Otherwise, if a recreational vehicle is occupied on a lot for more than 30 days outside of a campground, it shall only be allowed if a building permit has been issued for a new dwelling and if the recreational vehicle is only being used temporarily while a new dwelling unit is actively under construction on site.

(2)

No mobile/manufactured home shall be occupied on a lot as a dwelling unless it meets all of the requirements for a dwelling.

(3)

A mobile/manufactured home shall not be used as a storage building on a residential lot, except as necessary during on-site construction of new principal buildings in a subdivision.

§ 240-62 Height exceptions.

[Amended 3-2-2026 by Ord. No. 1-2026]

The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter, clock or bell towers, steeples of places of worship, electrical transmission lines and towers, elevator shafts, stair towers, flag poles, windmills, skylights, chimneys, smoke stacks, parapet walls of up to four feet in height and other appurtenances of up to four feet in height usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 240-26 and provisions in § 240-33B.

§ 240-63 Special lot and yard requirements, sight distance and buffer yards.

In general.

(1)

No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to: setback areas, nonimpervious areas and off-street parking areas.

(2)

Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders. Such access shall be maintained in a passable condition by the owner of the lot, or where applicable by the property owners' association.

Exceptions to minimum lot areas, lot widths and yards.

(1)

Corner lots. For a corner lot, one yard adjacent to a street shall meet the front yard width provided in § 240-33 and the second yard that is adjacent to a street shall have a minimum width of 30 feet. See definition of "lot, corner" in § 240-26.

(2)

Projections into required yards.

(a)

Cornices, eaves, roof overhangs, sills or other similar architectural features, exterior stairways, unenclosed fire escapes or other required means of egress, rain leads, chimneys, "Bilco"-type doors for basement access, window awnings, footers, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.

(b)

Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.

(c)

For decks and porches, see § 240-33.

(3)

Lot widths around curves. Around the bulb of a cul-de-sac street or on the outside of the curve of a street with a radius of less than 150 feet, the minimum lot width at the minimum building setback line may be reduced to 60% of the width that would otherwise be required.

Sight clearance at intersections. At the intersection of two streets, a clear sight triangle shall be provided. Within this triangle, no visual obstructions shall be allowed between the height of three feet and 10 feet above the ground level, except for utility posts, mailboxes, single sign posts and the trunks of deciduous trees. The triangle shall be measured along the center line of the right-of-way of the streets. Each leg of the triangle shall be measured 75 feet from the intersection of the center lines of the streets. A third longer leg shall connect the two legs along the center lines, to form the triangle.

(1)

However, in place of the above sight triangle, where a local street intersects an arterial or collector street with a stop sign only at the local street, the leg of the triangle along the arterial or collector street shall be increased to 250 feet and the leg along the local street shall be decreased to 20 feet beyond the right-of-way of the arterial street.

(2)

The clear sight triangle shall be kept free of such obstructions in perpetuity.

Buffer yards. Buffer yards and plant screening complying with the following standards shall be required under the following situations, unless a more restrictive provision is established by another section of this chapter:

(1)

A minimum fifty-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used principally for principal nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot.

(a)

If a principal business use will include areas used for manufacturing or will have a loading dock that will be routinely serviced by tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard width along such manufacturing area and/or loading dock shall be increased to 100 feet, and the minimum initial height of plantings shall be increased to eight feet.

(b)

If a lot will include more than 30,000 square feet of business building floor area, then the minimum buffer yard width shall be increased to 100 feet and the minimum initial height of plantings shall be increased to eight feet.

(c)

If a dwelling will be on the same lot as a principal business use, then a buffer yard shall not be required by this section.

(d)

A ten-foot minimum buffer yard with landscaped screening shall be required where a subdivision or land development of new dwellings will have rear yards abutting a public street or expressway.

(e)

A buffer yard is also required to be provided by the following if they are abutting and visible from a public street:

[1]

Along lot lines of any newly developed or expanded outdoor industrial storage or loading area; or

[2]

Along lot lines of any newly developed or expanded area routinely used for the overnight parking of two or more tractor-trailer trucks or trailers of tractor trailers.

(2)

A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Township may allow deciduous canopy trees.

(3)

The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage, or display, signs, manufacturing or processing activity, materials, loading and unloading areas, or vehicle parking or display.

(4)

Fence. Any wall or fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening.

(5)

Each planting screen shall meet the following requirements:

(a)

Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.

(b)

Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height.

(c)

The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.

(d)

The plant visual screen shall extend the full length of the lot line, except for:

[1]

Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot;

[2]

Locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved farther back; and

[3]

Locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.

(e)

American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.

(f)

Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.

(g)

The plant screening shall primarily use evergreen trees.

(h)

If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived in writing by the Zoning Officer.

(i)

The use of earth berms in combination with landscaping is encouraged within buffer yards to provide additional protection to dwellings and residential areas. An earth berm may be required as a condition of a conditional or special exception use approval.

(6)

Buffer yard plans. Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:

(a)

The location and arrangement of each buffer yard;

(b)

The placement, general selection of species and initial size of all plant materials; and

(c)

The placement, size, materials and type of all fences to be placed in such buffer yard.

§ 240-64 Landscaping.

[Amended 9-2-2025 by Ord. No. 2025-1]

Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks, and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs. Landscaped areas shall be kept free of debris, rubbish, and noxious weeds.

See the buffer yard provisions in § 240-63.

Street trees. See Chapter 210, Subdivision and Land Development, of this Code.

Parking lot landscaping.

(1)

Applicants shall incorporate stormwater best management practices into the required parking lot landscape areas, including but not limited to bioretention areas, vegetated swales, or other methods described in the PADEP Stormwater Best Management Practices Manual.

(2)

Parking lot landscape areas shall be improved with soils and other necessary materials of a quality, depth and volume required to support the long term viability of the vegetation and the stormwater management function of the landscape area.

(3)

Existing healthy trees and native vegetation shall be preserved to the extent possible.

(4)

Interior parking lot landscaping.

(a)

A minimum of one deciduous shade tree shall be required for every five off-street parking spaces. Shrubs and other plant materials, such as tall grasses and ground cover, shall be used to complement the trees. Shrubs shall be provided at a ratio of two shrubs for each tree and shall be maintained at a minimum of 24 inches in height. Shrubs planted in parking space islands shall be maintained at a minimum of 24 inches and a maximum of 36 inches in height.

(b)

If a parking lot will include fewer than 20 parking spaces, the required trees, with complimentary vegetation, shall be dispersed throughout the interior parking area. A minimum vegetative area shall be provided that includes at least a four-foot minimum radius around all sides of the trunk of each required tree. The placement of such areas shall not obstruct the clear sight distance of parking lot aisles and accessways.

(c)

If a parking lot will include 20 or more parking spaces, landscaped parking space islands and divider islands shall be provided within automobile parking areas as follows:

[1]

No more than 10 parking spaces shall be placed in a row without an intervening landscaped parking space island. Such parking space island shall be the length of the parking spaces and shall have a minimum width of 10 feet.

[2]

A landscaped parking space island shall be placed at each end of each row of parking spaces beginning and/or terminating at an internal circulation drive. Such parking space island shall be the length of the parking spaces and shall have a minimum width of 10 feet.

[3]

A landscaped divider island shall be provided every 128 feet (four rows of parking spaces and two aisles). Such divider island shall run perpendicular to the parking spaces and shall have a minimum width of 20 feet.

(d)

Parking space islands and divider islands shall meet the following additional standards:

[1]

Parking space islands and divider islands shall be enclosed by curbs or wheel stops. Curb cuts and inlets shall be provided to allow stormwater to enter the landscaped island.

[2]

Each 200 square feet of parking space island, or part thereof, shall contain at least one shade tree, along with complimentary shrubs and ground cover. In no event shall a parking space island contain less than one shade tree. To allow for safe sight distance, shrubs and grasses shall be a maximum of 36 inches in height.

[3]

Two shade trees and four shrubs a minimum of two feet in height shall be provided per 50 linear feet of divider island, complemented by other plant materials such as tall grasses and/or groundcover. To allow for safe sight distance, shrubs and grasses planted within eight feet of each end of a divider island shall be a maximum of 36 inches in height.

[4]

Trees shall be spaced to accommodate proper canopy growth at full maturity.

(e)

One additional large landscaped area shall be provided per 250 parking spaces as follows:

[1]

Each landscape area shall be a minimum of 2,000 square feet in area.

[2]

Each landscape area shall contain a minimum of five shade trees or flowering trees, plus 10 shrubs, complemented by other plant materials such as grasses and/or groundcover.

[3]

Areas may be combined to form fewer, larger landscaped areas when approved by the Board of Supervisors.

(5)

Perimeter parking lot screening from public streets. Where a parking lot abuts a public street, a minimum fifteen-foot-wide planting strip shall be provided along the street frontage in accordance with § 240-51H and the following:

(a)

A minimum of one deciduous shade tree shall be provided for every 30 linear feet of parking area along the street frontage, net of the width of access ways. Such trees shall be planted along the entire length of the planting strip at intervals sufficient to enable proper canopy growth at full maturity, and shall allow motorists to maintain views under the leaf canopy. The remainder of the planting strip shall be densely planted with shrubs maintained at a minimum height of 36 inches and ground cover, adequately spaced to provide a continuous visual screen of parked vehicles. A minimum of 50% of the shrubs shall be evergreen. Vegetation shall be pruned to allow for safe sight distance, particularly at parking lot accessways.

(b)

Curb cuts and inlets shall be provided to allow stormwater to enter the perimeter planting strip.

(6)

Perimeter parking lot screening from other than public streets shall comply with the buffer yard standards in § 240-63.

(7)

Vegetation required by this section shall meet the following standards:

(a)

Type of trees permitted. Required trees shall be chosen from the following list of approved street trees. The Board of Supervisors may approve a proposal for an alternate species if the applicant proves such species is not invasive, would shade paved areas, be resistant to disease, road salt, other deicing compounds, parking lot heat, and air pollution and be attractive and sturdy.

Types of Deciduous Trees Permitted to Meet Chapter Requirements
Acer rubrum - Red maple	Liquidambar styraciflua - Sweet gum
Acer saccharum - Sugar maple	Liriodendron tulipifera - Tulip poplar
Celtis occidentalis - Common hackberry	Quercus - All species of oaks
Fraxinus americana - White ash	Tilia americana - American linden
Fraxinus Pennsylvania - Green ash	Ulmus hybrids - Homestead or Sapporo autumn gold
Gleditsia triacanthos - Thornless locust

(b)

Quality of vegetation. Required vegetation shall meet the standards of the American Standard for Nursery Stock by the American Nursery and Landscape Association (2014), or most-recent edition and shall be of symmetrical growth, and free of insect pests and disease.

(c)

Minimum size of trees. The trunk diameter (measured at a height of six inches above the finished grade level) shall be a minimum of two inches or greater.

(d)

Planting and maintenance. Required vegetation shall be:

[1]

Planted in conformance with good landscaping practices, with adequate unpaved surface around each tree or shrub for water and air; and

[2]

Properly protected by curbs, curb stops, distance, or other devices from damage from vehicles.

(e)

Vegetation chosen to satisfy parking lot landscaping requirements shall be a native species, resistant to disease, and tolerant of salt and deicing compounds, automobile emissions, and parking lot heat.

(f)

All vegetation shall be pruned to allow for safe sight distance, pedestrian safety, and to maintain its structural soundness.

(Reserved)

Review and approval. Where landscaping is required by this chapter, the applicant shall submit a landscaping plan prepared by a licensed landscape architect or certified arborist, in addition to a site plan, showing proposed initial sizes, locations and species of plantings.

Landscape maintenance. All tree, buffer yard and other landscaping required by this chapter shall be perpetually maintained by the property owner. Any landscaping needed to meet a chapter requirement that dies, is removed, 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.

Stormwater basin landscaping shall be in accordance with Chapter 210, Subdivision and Land Development.

§ 240-65 Nonconformities.

Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.

Continuation of nonconformities.

(1)

A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners.

(2)

Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.

(3)

If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.

Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under § 240-65C.

(1)

Nonconforming structure.

(a)

The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:

[1]

That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and

[2]

That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.

(b)

In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.

(2)

Nonconforming lots.

(a)

Permitted construction on a nonconforming lot. A single permitted-by-right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot, provided all of the following additional requirements are met:

[1]

The lot must be a lawful nonconforming lot of record;

[2]

Minimum setback requirements shall be met;

[3]

State and federal wetland regulations shall be met; and

[4]

If a septic or well is used, the requirements for such shall be met.

(b)

Lot width. If an existing lawful lot of record has a smaller lot width than would be required for a new lot, such a lot shall still be considered to be a conforming lot, unless the lot is nonconforming in another manner, such as having a nonconforming lot area.

(3)

Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:

(a)

An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article II.

(b)

Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.

(c)

The total building floor area used by a nonconforming use or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 25% beyond what existed in the nonconforming use at the time the use first became nonconforming.

[1]

The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.

(d)

Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.

(4)

Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted-by-right use, provided that:

(a)

The number of dwelling units or rooming house units are not increased;

(b)

The expansion meets all applicable setbacks;

(c)

No new types of nonconformities are created; and

(d)

A nonconformity is not made more severe.

(5)

Nonconforming sign. The provisions of this chapter shall not provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.

Damaged or destroyed nonconformities. A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: (a) the application for a building permit is submitted within 18 months after the date of damage or destruction; (b) work begins in earnest within six months afterwards and continues; and (c) no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.

Abandonment of a nonconformity.

(1)

If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:

(a)

As provided for in the "damaged or destroyed nonconformities" provisions of this section in § 240-65D.

(2)

The applicant shall be responsible to provide clear and convincing evidence that the nonconformity was not abandoned.

(3)

An existing lawful separate dwelling unit may be unrented for any period of time without being considered "abandoned" under this chapter.

Changes from one nonconforming use to another.

(1)

Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.

(2)

A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.

(3)

Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:

(a)

Traffic safety and generation (especially truck traffic);

(b)

Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;

(c)

Amount and character of outdoor storage;

(d)

Hours of operation if the use would be close to dwellings; and

(e)

Compatibility with the character of the surrounding area.

(4)

A nonconforming use shall not be changed to a nonconforming adult use.

District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.

§ 240-66 Dumpster screening and location.

Waste dumpsters shall be screened on at least three of four sides by landscaping, solid fencing or an architectural masonry wall if the dumpster is visible from a street or a dwelling on another lot.

This section shall not apply to dumpsters that are temporarily kept on site during construction or for a period of less than 60 days per year.

§ 240-67 Performance standards.

[Amended 3-2-2026 by Ord. No. 1-2026]

The following standards regulate the impact of uses upon other and adjacent uses in the Township and Township residents, and shall apply to all uses in all zoning districts. Where there is a conflict between this § 240-67 and any other provision of this Chapter 240 or other Township Code, the more restrictive standards shall apply. Where required by this chapter, an impact study(s) shall be conducted in accordance with § 240-68.

Air quality: emission of dust, dirt, fumes, vapors, and gases.

(1)

The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, to animal, or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited.

(2)

There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania air pollution control laws, including the standards set forth in 25 Pa. Code Chapter 123, Standards for Contaminants, Chapter 131, Ambient Air Quality Standards, and PADEP rules and regulations.

(3)

Visible air contaminants shall comply with the PADEP rules and regulations.

(4)

No user shall operate or maintain or be permitted to operate or maintain any equipment or device which will discharge contaminants to the air of quality or quantity which will violate the limits prescribed herein and by the Pennsylvania air pollution control laws, unless the user shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.

(5)

No user shall cause, allow, permit, or maintain any bonfire, junk fire, refuse fire, salvage operations fire, or any other open fire within the Township, except by Township permit.

(6)

The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines.

(7)

Applicable federal regulations governing air quality shall be met.

Fire and explosion hazards.

(1)

The most restrictive of the following regulations shall apply:

(a)

All buildings and structures and activities within such buildings and structures shall follow applicable Township codes and ordinances.

(b)

Rules and regulations of the National Fire Protection Act shall be met, and proof of meeting these regulations shall be submitted to the Township upon subdivision or land development plan submittal.

(c)

All associated activities and all storage of flammable and explosive material shall:

[1]

Be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.

[2]

Conform to the requirements of PADEP rules and regulations, for storing, handling and use of explosives.

(2)

Details of the potential hazards and details of planned safety and accident response actions shall be provided by the applicant to the Township for review by the local fire company.

(3)

In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas, fencing, or any other measure may be required by the Township if the nature of the proposed use as determined by the Township so requires.

Glare and heat.

(1)

Control of light and glare shall comply the requirements of § 240-48.

(2)

No direct or sky-reflected glare from high temperature processes, such as combustion or welding, shall be visible beyond the lot line on which the activity is situated.

(3)

There shall be no emission or transmission of heat or heated air discernible beyond the lot line on which the activity is situated.

Waste disposal. There shall be no discharge at any point into any public, community, or private sewerage system, stormwater management system, body of water, or watercourses, or into the ground, of any liquid or solid waste materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Township and PADEP rules and regulations. Applications for any use which results in waste materials regulated by the state or federal government shall include a list of all such wastes and the method of temporary storage, handling and disposal.

Noise. Sound levels shall be maintained at a level that does not exceed the standards established by this section. Where there is a conflict between this Subsection E and any other section of this chapter, the more restrictive standard shall apply.

(1)

Equivalent Continuous Sound Level Limits (5-minute L_Aeq and L_Ceq). The sound levels (5-minute, A and C weighted equivalent continuous sound levels, L_Aeq and L_Ceq) as measured at any location on a receiving property, shall not exceed the limits in the following table, as measured with a Type 1 sound level meter, and measured according to ANSI/ASA S1.13-2020 and ANSI/ASA S12.18-1994 (R2009) methodologies (or the most recent revisions). Sound levels shall be measured by an acoustical engineer. Regardless of the zoning classification of the noise source, the noise emitted by any source shall not exceed the limits for any property and corresponding zoning classification onto which it propagates, except as exempted by Subsection E(4), below.

Equivalent Continuous Sound Level Limits (5-minute L_Aeq and L_Ceq)
Zoning District of Receiving Land Use	Day (7:00 a.m. to 7:00 p.m.)	Night 7:00 p.m. to 7:00 a.m., Sundays and Holidays
R-1, R-2, R-3	50 dB(A)/60 dB(C)	45 dB(A)/55 dB(C)
C-1, C-1A, C2	60 dB(A)	55 dB(A)
I-1	65 dB(A)	60 dB(A)

(2)

Maximum Sound Level Limits (Slow Response L_ASmax and L_CSmax). The maximum sound levels (Slow Response, A and C weighted maxima) as measured at any location on a receiving property, shall not exceed the limits in the following table, as measured with a Type 1 sound level meter, and measured according to ANSI/ASA S1.13-2020 and ANSI/ASA S12.18-1994 (R2009) methodologies (or the most recent revisions). Sound levels shall be measured by an acoustical engineer. Regardless of the zoning classification of the noise source, the noise emitted by any source shall not exceed the limits for any property and corresponding zoning classification onto which it propagates, except as exempted by Subsection E(4), below.

Maximum Sound Level Limits (Slow Response L_ASmax and L_CSmax)
Zoning District of Receiving Land Use	Day (7:00 a.m. to 7:00 p.m.)	Night 7:00 p.m. to 7:00 a.m., Sundays and Holidays
R-1, R-2, R-3	60 dB(A)/70 dB(C)	55 dB(A)/65 dB(C)
C-1, C-1A, C2	70 dB(A)	65 dB(A)
I-1	75 dB(A)	70 dB(A)

(3)

When required by this chapter, a sound study(s) shall be conducted in accordance with § 240-68.

(4)

The sound limits contained in this Subsection E shall not apply to the following noise sources:

(a)

Sounds for emergency preparedness and response, or sounds created by emergency backup power supply during times of power outage; however, compliance with the sound limits specified herein shall be re-established within three hours of the cessation of such event or restoration of power.

(b)

Work to provide, repair, or replace electricity, water or other public utilities involving public health or safety.

(c)

Normal and legally permitted residential activities customarily associated with residential use.

(d)

Domestic power tools.

(e)

Temporary activities involving construction and demolition activities.

(f)

Agriculture.

(g)

Motor vehicle operations on public streets. Such noise shall be regulated by Pennsylvania Transportation Regulations governing established sound levels.

(h)

Public celebrations or activities authorized by the Township.

(i)

The unamplified human voice.

(j)

Bells, chimes or carillons, which may include electronic devices that imitate the sounds of bells, chimes or carillons, while being used in conjunction with religious services.

Vibration.

(1)

Except in agricultural operations, no source of mechanical vibration or acoustically induced vibration shall cause or induce vibration on any property (ground-borne vibration) or in any structure that exceeds the ISO Residential Day Vibration curve (defined as an amplitude in any one-third octave frequency band of 200 um/s).

(2)

When required by this chapter, a vibration study(s) shall be conducted in accordance with § 240-68.

Odor. No uses, except agricultural operations, shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system or shall make corrective arrangements in order that control will be maintained if the primary safeguard system should fail. Immediate corrective action shall be taken should either system fail.

Electrical, radio, and electromagnetic disturbance. There shall be no radio or electrical disturbance, except from domestic household appliances and agricultural operations, adversely affecting the operation of any equipment at any point other than equipment belonging to the creator of such disturbance. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio, television, or broadband reception, or other wired or wireless communication systems from off the lot on which the activity is conducted.

Radioactivity. There shall be no activities that emit dangerous levels of radioactivity at any point. No operation involving radiation hazards shall be conducted which violates state or federal statues, rules, regulations, and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with PADEP rules and regulations, and rules, regulations, and standards of the U.S. Nuclear Regulatory Commission.

Electrical, diesel, gas or other power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent lots, it shall be screened in accordance with the applicable standards of this Chapter 240.

Water supply. All uses shall be provided with an adequate and safe water supply, as demonstrated by evidence to be provided by the applicant, documenting that the siting, density, and design of all proposed residential, commercial, industrial and other developments or uses will assure the availability of reliable, safe and adequate water supplies to support the proposed land use(s) within the capacity of available water resources. When required by this chapter, a water feasibility study shall be conducted in accordance with Article IX.

Ground and water contamination. To the extent not pre-empted by state right-to-farm laws, no materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a water body or watercourse or otherwise render such water body or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any water body or watercourse.

General public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety, or be detrimental to the proper use of the surrounding area.

§ 240-68 Impact assessments and studies.

[Added 3-2-2026 by Ord. No. 1-2026]

The intent of this § 240-68 is to provide for the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Township. Impact assessments and studies shall be submitted by the applicant where specifically required by this chapter. In addition, the Board of Supervisors, Planning Commission, or Zoning Hearing Board, as applicable, may, based upon the nature of a project and potential impacts on the Township, require an applicant to prepare and submit to the Township impact assessments and studies for the types of developments and uses listed in Subsection A(1) through (14) below. Unless otherwise specified, all impact assessment and studies shall be submitted as part of the application for conditional use or special exception, as applicable, and prior to any tree removal, earth disturbance activities, or initiation of construction activities.

(1)

Industrial parks.

(2)

Industrial uses.

(3)

Data centers or data center accessory uses.

(4)

Junkyards.

(5)

Mineral extraction including oil and gas wells.

(6)

Mineral processing.

(7)

Solid waste landfills and facilities.

(8)

Warehouses, distribution centers, and trucking terminals.

(9)

Concentrated animal feeding operations.

(10)

Transmission pipelines and hazardous liquid pipelines.

(11)

Pipeline compressor stations, metering stations or operation/maintenance facilities.

(12)

Any use involving the initial or cumulative disturbance of two acres or more of soil surface areas.

(13)

Any use involving the initial or cumulative construction, installation and/or placement of one acre or more of buildings, structures or other impervious surface areas.

(14)

Any use which proposes to use a nonpublic source(s) of water supply shall submit a water feasibility study in accordance with § 240-68C(4). If the use proposes an average water supply demand of less than 10,000 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 use is located, then it shall be exempt from the water feasibility study requirements in § 240-68C(4)(b)[7] through [23], except that the Board of Supervisors, Zoning Hearing Board, or Zoning Officer, as applicable, 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 within the subject development on a cumulative/aggregate basis, and shall not be construed to mean 10,000 gpd per building or per structure.

The requirements of this § 240-68 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the required study contained herein in order to determine what conditions shall be required to mitigate any adverse effects of the proposed use.

Where required, impact assessments and studies shall comply with the following:

(1)

Environmental Impact Assessment (EIA). The applicant shall provide an environmental impact assessment prepared by a professional environmental engineer, ecologist, environmental planner, or other qualified individual licensed to do business in the Commonwealth of Pennsylvania, which shall include the following.

(a)

Identification of potential impacts to environmentally sensitive areas on the development property and within 3,000 feet of the property boundary or in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, including, but not limited to headwater setting features (springs, wetlands, perennial streams heads), critical recharge areas, groundwater resources, stormwater impacts, thermal degradations, floodplains, watercourses, water bodies, wetlands, hydric soils, riparian buffers, steep slopes 15% or greater, and woodlands.

(b)

Identification of potential environmental impacts that are likely to be generated, including but not limited to noise, odor, smoke, vapor, dust, litter, glare, heat islands, vibration, electrical disturbance, etc.

(c)

An assessment of potential impacts of operation, maintenance, and/or repair of the use (including, but not limited to, during periods of emergency power, fire, and fire suppression and control) on groundwater, creeks and streams, the air and the grounds of the property and within 3,000 feet of the property boundary or in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels; storage of oil-based or other combustible materials (if any); and release of gasses and/or other contaminants into the air, ground, surface water or groundwater.

(d)

Identification of all potential sources of fine particulate matter (PM2.5), volatile organic compounds, and nitrogen oxides to be located on the development property(s).

(e)

Proposed measures to prevent or, as the case may be, mitigate, negative environmental impacts identified by the EIA.

(2)

Fiscal impact analysis. The applicant shall provide a fiscal impact analysis prepared by a qualified professional with demonstrated expertise in fiscal impact analysis which shall include the following:

(a)

An estimate of the costs that may be incurred by the Township related to infrastructure, emergency preparedness, administrative costs, and police and fire protection.

(b)

An estimate of the revenues generated by the development, including revenues generated from real estate sales, real estate taxes and income taxes for the Township, school district in which the Township is located and Carbon County.

(c)

The educational and professional credentials and experience of the person that conducted the Fiscal Impact Analysis.

(3)

Sound and vibration studies.

(a)

A sound and/or a vibration study may be required for any use, except that residential uses shall be exempt from any vibration study.

(b)

Where required, a sound study and/or a vibration study shall be conducted as follows:

[1]

A sound modeling study shall be conducted to demonstrate that the proposed development will comply with applicable noise requirements of the Penn Forest Township Code and that the cumulative/aggregate noise emission from the proposed development, including all noise emitting sources, will not emit noise beyond the development boundaries or any property line of the proposed use that is in excess of the limits specified in § 240-67. Sound modeling shall be performed according to ISO 9613 series standards.

[2]

An as-built sound/vibration study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase to demonstrate that the sound/vibration level requirements are being met.

[3]

For any required sound or vibration study, the Township may select an entity to conduct a study to verify that the sound or vibration does not exceed the aforesaid sound limits. The cost of such study shall be borne solely by the applicant or the owner or operator of the use, as applicable.

[4]

In addition to the required sound or vibration studies, at any time when the Zoning Officer has reasonable cause to believe that the sound or vibration limits are being violated, the Zoning Officer may request that the Township or its authorized agent(s) conduct its own study to ascertain compliance with such limits. If the study finds a violation, then the cost of such study shall be borne solely by the applicant or owner or operator of the use, as applicable. If the study does not find a violation, then the Township shall be responsible to pay for the costs of such Township-sponsored study.

[5]

If it is determined by the as-built study or other sound or vibration study required by the Township that there is a violation of the aforesaid sound or vibration limits, it shall be considered a violation of this chapter. The owner or operator of the use shall promptly remediate the violation and shall provide a study showing that the sound or vibration, as applicable, does not exceed the applicable limits. If the noncompliance is not remedied within 30 days, the zoning permit may be rescinded until compliance is achieved.

[6]

If the Township institutes an enforcement action because of a violation of the sound or vibration limits, and if the owner is found liable for the violation in a civil enforcement proceeding, then in addition to any other rights or remedies available to the Township, the judgment shall require the owner of the project to pay all of the Township's reasonable costs and expenses to prove noncompliance with the sound and/or vibration requirements, including the tests to determine the sound and/or vibration levels. Such costs shall be paid within 30 days by the owner of the project after the final judgment. In the event the owner does not pay such costs within 30 days, the Township may pursue appropriate remedies at law or equity to recover such costs and expenses from the owner, including placing a municipal lien against the property upon which the project is located.

[7]

Maximum sound and vibration levels specified in § 240-67 shall not apply to emergency preparedness and response or during times of power outage; however, the sound and vibration studies shall also evaluate and report anticipated sound and vibration levels when all emergency power generation equipment is running, including backup generators, and noise-reduction and vibration-reduction measures shall be taken.

(4)

Water and sewer, and water feasibility study.

(a)

If the use is to rely upon nonpublic sources of water, the applicant shall provide a water feasibility study in accordance with this § 240-68C(4). The purpose of the study is to determine if there is an adequate supply of water and the sustainability of the withdrawal for the proposed use, and to estimate the impact of the use on existing wells, groundwater resources, surface water resources, and other environmental features in the vicinity of the proposed use. No use shall be approved unless the water feasibility study demonstrates that the anticipated water supply yield (and associated storage) is adequate for the project during a one-in-ten year drought recurrence and that the proposed water withdrawals and discharges will not endanger or adversely affect other users or the environment. A use proposing to utilize groundwater as its primary water source shall proceed through three important steps, as follows and which are described in more detail in Subsection C(4)(b) below:

Step 1: The applicant shall develop and submit a pre-drilling plan which shall provide a project description, a hydrogeologic setting description, and a groundwater availability analysis. Following approval of the pre-drilling plan, the applicant shall move forward with the drilling plan, and once the well(s) is completed the project shall proceed to Step 2.

Step 2: The applicant shall submit a constant rate aquifer testing plan. Following approval of the constant rate aquifer testing plan, the applicant shall perform the testing as approved.

Step 3: Upon completion of the constant rate aquifer test, the applicant shall submit the results. These results shall include hydrographs of all monitoring locations, a revised groundwater availability analysis and hydrogeologic setting, and details of any observed impacts.

(b)

The water feasibility study, pre-drilling plan, and aquifer testing plan, as applicable, shall be conducted and shall include information as follows:

[1]

The projected water demands of the use, including both average and peak daily consumption, and including any additional flow required to comply with National Fire Protection Association specifications for sprinkler systems and using the criteria set forth in the Guide for Determination of Required Fire Flow by the Insurance Services Office (ISO), as amended.

[2]

The source of water to be used.

[3]

A description of how water will be used, including the amount or proportion of water to be used for each purpose (e.g., cooling, humidity control, fire suppression, and domestic usage).

[4]

The long-term safe yield of the water source. For groundwater sources, this shall be determined by the completion of a hydrogeologic setting analysis which includes a hydrogeologic cross section, potential area of influence (AOI), target aquifer and type, potential recharge area, sensitive features within the identified AOI, and a groundwater availability analysis providing potential availability in a one-in-ten year drought. For surface water withdrawal, the analysis shall provide the volume of water available during a one-in-ten year drought without interruption (no passby conditions during the "JASON" months: July, August, September, October and November). These analyses shall confirm that there shall be no potential negative impacts to other users, the environment or sensitive species.

[5]

A description of the amount or portion of water withdrawn that will be recycled or discharged and by what means and at what temperature.

[6]

A description of how the recycling or discharge of water will impact the surrounding areas of the Township.

[7]

A topographic and geologic map of the area with a radius of at least one mile from the site.

[8]

The location of all existing and proposed wells within 3,000 feet of the property boundary or, in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, with a notation of the capacity of all high-yield wells. Based on the provided hydrogeologic setting model which shall include a potential AOI, the aforementioned 3,000-foot distances may be insufficient and monitoring along the maximum hydraulic conductivity direction, or "K max," may need to be extended beyond 3,000 feet to match the potential area of influence of the proposed well. The K max direction is typically along bedrock strike and can be significantly elongated in semi-confined bedding plane driven aquifers with significant "structure" (dip) and in confined aquifers. If the potential AOI extends beyond the aforementioned distances of 3,000 feet, then the location of all existing and proposed wells shall be provided for the area within the entire potential AOI. The applicant shall notify each property owner within such area of the proposed project and shall offer to test the owner's well for baseline water quality, total depth of the well, static water level and operating pumping water level. If the property owner grants permission to allow for water quality and well testing, the applicant shall hire and bear the full cost of a certified lab and Pennsylvania-licensed professional geologist experienced in the performance of groundwater investigations for water supply wells to collect the laboratory samples and well information, and shall include all test results in the water feasibility study. Alternatively, the property owner may elect to hire a certified lab and Pennsylvania-licensed professional geologist experienced in the performance of groundwater investigations for water supply wells of his own choosing to collect the laboratory samples and well information, in which case the applicant shall bear the full cost of such services and shall include all such test results in the water feasibility study. Notifications to property owners shall be sent via certified mail and shall allow sufficient lead time for property owners to respond and for testing to be conducted. The notification shall include the name and contact information of the person to whom to respond. In order to be eligible to make a claim as provided by the well depletion agreement under § 240-68C(4)(e), a property owner shall have his/her well tested in accordance with this Subsection C(4)(b)[8].

[9]

Regional map. The following information shall be provided on a regional topographic map for the area within 3,000 feet of the property boundary or, in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, unless the hydrogeologic setting indicates that the potential AOI extends beyond the aforementioned distances of 3,000 feet, in which case the distances shall be extended to include the entire potential AOI. If any existing wells withdrawing an average of over 10,000 gpd during any consecutive 30-day period are located within one mile of the site, the mapping distance shall be extended to one mile or to the entire potential AOI, whichever is greater. Said map shall be up to date by using recent aerial photographs and/or a driving survey.

[a]

The location of all existing and proposed wells, including the test well(s) and monitoring wells.

[b]

The location of any potential hydrogeologic boundaries, recharge areas, discharge areas, dominant flow paths and the theoretical AOI.

[c]

The location of any high quality (HQ) or exceptional value (EV) wetlands; any associated springs, seeps, and headwaters that feed such wetlands; and any known or potential habitats of rare, threatened or endangered species.

[d]

The location of all existing and proposed on-lot sewage disposal systems as well as all sewage treatment system surface water discharges.

[e]

The location of facilities storing or handling residual, hazardous, or extremely hazardous substances or petroleum products.

[f]

The location of all perennial and intermittent watercourses.

[10]

Site plan. A site plan shall be provided, showing existing and proposed lot lines. The following features shall be presented on an up-to-date plan for the site and area within 3,000 feet of the property boundary or, in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, unless the hydrogeologic setting indicates that the potential AOI extends beyond the aforementioned distances of 3,000 feet, in which case the distances shall be extended to include the entire potential AOI.

[a]

Flagged wetland boundaries.

[b]

All springs, seeps and ephemeral pools.

[c]

All watercourses with a statement as to whether they are perennial or intermittent and the classification of any such watercourse (exceptional value, Class A, Class B, etc.).

[d]

All lakes, ponds, and reservoirs.

[e]

Existing and proposed wells.

[f]

Existing and proposed septic systems.

[g]

Test well(s) and monitoring wells.

[h]

Topography.

[i]

Piezometer wells, if applicable.

[11]

Aquifer test wells. The proposed production well to be used to meet the project's water demand shall be the focus of the constant rate aquifer testing. Any backup wells that may be used for production shall be tested separately. If the plan of the project is to operate a well field, then individual constant rate aquifer tests shall be performed followed by a test that is performed with all the wells operating simultaneously as they intend to be used in the future. This test shall allow for potential impacts to be observed and provide the ability for analysis of the combined effect of operating multiple wells to meet the water demands of the project.

[12]

Monitoring wells.

[a]

Aquifer testing plans shall include a proposed monitoring network that includes, as appropriate, other groundwater wells and surface waters, including water bodies, watercourses, wetlands, springs and seeps to assess the proposed withdrawal for sustainability, potential impacts to other users and impacts to the environment. The monitoring network shall be focused on the expected AOI during the testing to adequately characterize drawdown in the direction of the maximum and minimum hydraulic conductivity (K max and K min) and where potentially significant impacts are most likely to occur. The monitoring network will also be used to assess the contributing groundwater basin, refine the groundwater availability analysis that shall be required with any groundwater withdrawal application required by the DRBC and/or PADEP. If ideally located monitoring wells aren't in existence via local residential wells or test wells drilled during water resource exploration work, then additional monitoring wells may be required to be drilled to provide optimal aquifer testing procedures. These monitoring wells shall be sited based again on the hydrogeologic setting in a manner that allows for proper evaluation of the test results. Any additional monitoring wells that are drilled shall be constructed in a manner that is similar/identical to the production well(s), meaning casing depth and total depth shall be similar and the target aquifer shall be contacted in the open borehole portion of the monitoring well. Borehole size does not have to match the production well(s) which are typically drilled out at larger diameters to maximize well efficiency and allow for proper pump and plumbing to be installed. Information regarding monitoring well casing depth, total depth and water producing zones shall be provided in the final report.

[b]

The applicant shall secure written permission from the property owner for any off-site well to be used for monitoring, that grants the Township permission for a period not to exceed 18 months after completion of the project, to obtain water level measurements and samples of the water for laboratory analysis as required to verify compliance with this chapter.

[c]

To ensure accurate and frequent collection of aquifer testing data, all monitoring locations shall be equipped with data logging pressure transducers (data loggers), where possible, during all phases of testing. The data logger in the production well being tested shall be reprogrammed at the start of the test to collect logarithmically and then at a maximum collection interval of every one minute through the pumping and recovery phases. Prior to the start of the constant rate testing, the production well and all monitoring points shall be set to record at ten-minute intervals. All wells used for monitoring purposes shall be programmed to record water levels during background monitoring and throughout the testing at a minimum of once every 10 minutes and synchronized to collect data on even ten-minute increments. For example, all equipment should be programmed to collect a water level measurement at the same exact time across the project site at 12:00, 12:10, 12:20 etc. Background monitoring with automated transducers actively recording the entire monitoring network (wells, springs, surface water features, etc.) shall begin at least one week prior to the constant rate pumping of the test well.

[d]

Ground elevation adjacent to the well(s) in addition to the static water level shall be based on USGS vertical datum.

[13]

Testing locations and details. Prior to drilling and/or testing, the Township Engineer shall be provided with the Pennsylvania State Plane Coordinates for the monitoring and test well locations and a map of said locations of the test well(s) and monitoring wells. Prior to drilling and/or testing, the Township Engineer shall be provided with the anticipated pumping rate and monitoring frequency program, which shall be subject to approval by the Township Engineer prior to the test. Dates of drilling and testing shall be made available to the Township Engineer so that they may witness field operations as necessary. All correspondence with any regulatory authorities (PADEP, DRBC, Fish and Boat Commission, etc.) shall be copied to the Township, to allow for proper coordination.

[14]

Geologic log. An accurate geologic log shall be maintained during drilling of the constant rate aquifer test well(s) and monitoring well(s) if applicable, to provide a detailed description of the type and thickness of rocks and overburden encountered. Additionally, the log shall contain information on the depth of all water bearing zones (WBZs) encountered and the yield from each zone. The total yield from the well shall be measured using a quantitative method. Samples shall be collected every 20 feet during drilling, or at each change in rock type, whichever occurs first.

[15]

Constant rate aquifer tests. 48-hour constant rate aquifer test(s) shall be conducted on the proposed production well(s) at a rate that is determined by performing a step testing of the well. The selected rate shall be the maximum rate at which the production well can be applied for a withdrawal. The test shall include the monitoring of background water levels in all wells for a period not less than one week prior to start of pumping and one week after pumping (recovery monitoring). The aquifer test shall be conducted during a period of groundwater recession, when there is no measurable precipitation for at least 48 hours prior to pumping and throughout the test. If precipitation is encountered during the constant rate aquifer test, an evaluation of the data shall be performed while the testing is still active to determine if the test should be extended or stopped and restarted at a later date. If the test proceeds with precipitation causing some recovery of monitoring points, then the data shall be evaluated using an acceptable method to account for the effects of any recharge upon water levels in the wells, and upon all calculations of the constant rate aquifer test data. Significant recharge during the test may cause the results to be considered invalid. The constant rate aquifer test shall be followed by a recovery test, with monitoring of water levels in the test well being conducted until at least 95% recovery of draw down is observed in the test well, or until 48 hours after termination of pumping, whichever is first.

[16]

Pumping rate. The constant rate aquifer test shall be conducted at a constant pumping rate that shall not deviate greater than plus or minus 2% during the test. The rate of flow shall be monitored by a water meter that tallies total flow volumes as well as reveals pumping rate. The rate of flow from the meter shall be verified periodically through the test by channeling the discharge flow through a 90-degree V-notched weir, and such confirmation measurements shall be recorded and reported.

[17]

Constant rate aquifer test discharge. Discharge from the proposed production well shall be routed such that recirculation doesn't impact water levels in the production well or any monitoring features by artificially recharging the production well, monitoring wells or other feature (wetland, spring, stream, etc.) being measured and recorded during testing. Thus, the discharge location must be located outside the agreed upon AOI of the production well, downgradient from any surface water features within the monitoring network and outside of the likely recharge areas to any monitoring wells.

[18]

Required data. The report shall include precipitation data, static water levels immediately prior to yield testing, linear hydrographs of water levels and test responses of all monitoring points through background, testing and recovery monitoring periods, residual drawdown graphs (t/t') and logarithmic hydrographs of the production well and any monitoring points that had observable drawdown as a result of operating the production well. Typed and raw field notes showing original observations, water levels and flow readings, and the time readings were taken.

[19]

Water quality. Water quality samples shall be obtained from the test well at both the commencement and termination of the constant rate aquifer testing to demonstrate that drinking water quality conforms to this section.

[a]

All samples shall be collected, transported and analyzed in accordance with US EPA and PADEP protocol for drinking water. Sample testing shall be performed by a laboratory certified by the commonwealth to perform drinking water analysis. Laboratory reports shall contain sufficient quality assurance and quality control data to explain any analysis and reporting conditions or deficiencies. Water quality must comply with currently published US EPA National Primary and Secondary Drinking Water Standards and Health Advisories.

[b]

Water quality testing shall include, at a minimum, the following parameters: water temperature, conductivity, dissolved oxygen, total and fecal coliform, nitrate/nitrite, pH, iron, manganese, sulfate, lead, chloride, hardness, turbidity, odor, total dissolved solids, surfactants (detergents), volatile organic compounds - Group 1 (VOC1) + 10 unknowns, mtbe, herbicides - Group 1 (H1) and pesticides - Group 3 (P3). A library search for tentatively identified compounds (TICs). Additional analysis shall be required if TICs are discovered. Group 1 (VOC1), etc., refers to PADEP categories of contaminants.

[c]

The applicant shall perform a survey to identify and evaluate potential sources of contamination that may impact water quality in the proposed well(s) and shall perform additional sampling and analysis as may be required to assure water quality is satisfactory for the protection of human health and the environment.

[d]

A well that does not meet the above standards shall be required to meet them through adequate treatment facilities. Installation and annual maintenance cost estimates to adequately treat the water shall be provided in the report.

[e]

The laboratory report shall be include and shall contain the name, license number and address of the state drinking water certified laboratory.

[20]

Sustainable yield of groundwater source: Aquifer capacity. Documentation shall be provided to support the sustainable yield of the well, which shall include a revised groundwater availability analysis (post-test so that the collected data can be used to revise the theoretical model provided in advance of testing). This information shall include determinations of the AOI and potential recharge area of the production well. It shall also include determinations of any potential impacts to other groundwater or surface water users and the environment. Supportive evidence shall consist of wells drilled on-site, neighboring well information, and data available for wells within 3,000 feet of the property boundary or, in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, or if the AOI extends beyond the aforementioned distances of 3,000 feet, within the entire AOI, using the Pennsylvania Groundwater Information System (PA GWIS).

[21]

Hydrogeologic budget. A hydrogeologic budget shall be calculated, on an annual basis, for the site based upon the drought recharge capacity of the underlying aquifer and the projected peak water demand of the proposed well(s). The budget shall use groundwater recharge values from published references and a drought of at least one-in-ten-year severity. The recharge area for the budget shall consist only of the proposed development project, less impervious surface unless infiltration system considerations are made; if on-site septic systems are proposed, sand mounds, subsurface and at-grade systems may allow for contribution of 90% return of water to the aquifer system. Aquifer contribution from spray, drip and stream discharge shall be determined on a case by case basis. A determination shall be made on whether or not the potential exists for adverse effects on hydrogeology of the project vicinity, including adjacent wells, springs, water bodies, watercourses, and wetlands, based upon the results of the hydrogeologic budget.

[22]

Effects on waters. If wetlands, seeps, springs, ephemeral pools, watercourses and/or water bodies exist on or within 3,000 feet of the property boundary or, in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, or if the AOI extends beyond the aforementioned distances of 3,000 feet, within the entire AOI, the report shall address the potential to affect these features as a result of drilling and pumping of the proposed supply wells. Circumstantial evidence to support conclusions regarding this issue shall be considered limited in value. Thus, direct monitoring of water levels and direct measurement of flows during constant rate aquifer tests shall be required when said surface water features are deemed at potential risk. If staff gauges are used, measured stream and seep flow rates must be provided to quantify flows at various gauge levels. Analysis shall include evaluation of the potential effect from proposed underground utility lines that may penetrate the shallow groundwater system.

[23]

A statement of the qualifications and the signature(s) of the person(s) preparing the study. The water resource impact study shall be prepared by a professional geologist and/or professional engineer, licensed in the Commonwealth of Pennsylvania, and experienced in the performance of groundwater investigations for water supply wells.

(c)

The applicant shall provide proof of review and approval from the Delaware River Basin Commission for projects proposing the following:

[1]

An average water withdrawal of more than 100,000 gallons per day (gpd) over any consecutive 30-day period from any source or combination of sources within the Delaware River Basin; or

[2]

Discharge of pollutants, including heat/thermal discharges, over 10,000 gallons per day (gpd) during any consecutive 30-day period within the Delaware River Basin Special Protection Waters or 50,000 gallons per day (gpd) during any consecutive 30-day period within the Delaware River Basin.

(d)

The owner or operator of the use shall submit a monthly report to the Township to confirm that the actual water usage is at or below the projected water demand stated in the water feasibility study. Exceeding the projected water demand stated in the water feasibility study shall be deemed a violation of this chapter under the standards of Article II of this chapter and immediate action shall be taken by the owner or operator of the use to remedy the violation.

(e)

If it is determined that the proposed or approved use or the testing caused a well to experience loss of flow or well efficiency or to become contaminated, the owner of the land and the operator of the use shall be jointly and severally responsible for restoring water supply to the affected property and remediating any contamination.

[1]

The owner of the property on which the proposed or approved use is situated shall be required to enter into a well depletion agreement with Penn Forest Township.

[2]

The agreement applies to all existing wells within 3,000 feet of the subject property boundary, or in the case of an assemblage of parcels, within 3,000 feet of all exterior property lines of the assemblage of parcels, or if the AOI extends beyond the aforementioned distances of 3,000 feet, within the entire AOI, that experience loss of flow or efficiency or become contaminated to such an extent that the supply is no longer adequate for its owner's needs and that were tested in accordance with § 240-68C(4)(b)[8]. If it can be shown that such loss of flow or efficiency or contamination is caused by the well(s) servicing the property on which the proposed or approved use is situated, the owner of such property and the operator of such use shall be jointly and severally responsible for restoring an adequate supply to the affected property. At the sole discretion and direction of Penn Forest Township, the owner of the property on which the proposed or approved use is situated or operator of the use shall deepen the impacted well, drill a new well, or connect the affected property to a public water supply, so as to provide an adequate supply of potable water, as defined by the PADEP, to the affected property owner. The initial determination shall be made by the Board of Supervisors based on the recommendation of a Pennsylvania-licensed professional geologist experienced in the performance of groundwater investigations for water supply wells.

[3]

Any expense associated with providing the affected property owner with a potable water supply shall be borne by the owner of the property on which the proposed or approved use is situated and approved by the Board of Supervisors based on the recommendation of a Pennsylvania-licensed professional geologist experienced in the performance of groundwater investigations for water supply wells.

[4]

The owner of the property on which the proposed or approved use is situated shall remain responsible for providing the affected property owner with a suitable supply of potable water for the life of the operation of such use.

[5]

Any dispute concerning the responsibility or cause of loss of flow or efficiency or contamination of the well shall be determined by an arbitration panel consisting of a Pennsylvania-licensed professional geologist selected by the owner of the property on which the proposed or approved use is situated, a Pennsylvania-licensed professional geologist selected by the Township and a Pennsylvania-licensed professional geologist selected by the unanimous agreement with the first two arbitrators. All such Pennsylvania-licensed professional geologists shall be experienced in the performance of groundwater investigations for water supply wells. The arbitrators shall render a decision within 60 days from the selection of a third arbitrator, and the arbitrator shall assess the cost of the arbitration proceeding.

[6]

In addition to the requirements set forth in this Subsection C(4)(e), the well depletion agreement shall include an indemnification provision whereby the owner of the property on which the proposed or approved use is situated shall indemnify and hold harmless the Township from any and all claims, including claims by third parties, resulting from the applicant's activities, including, but not limited to, well drilling, hydrofacturing, aquifer testing and use of the permitted well, as well as requiring an escrow, in an amount to be determined by the Township based on recommendation of a Pennsylvania-licensed professional geologist experienced in the performance of groundwater investigations for water supply wells, to secure the property owner's responsibilities and obligations under this Subsection C(4)(e).

[7]

The well depletion agreement shall be in the form and substance and include the substantive provisions of the well depletion agreement attached hereto as Exhibit C.[1]

[1]

Editor's Note: Said exhibit is included as an attachment to this chapter.

(f)

The applicant shall demonstrate that adequate means of wastewater disposal, including domestic wastewater and wastewater used for cooling or industrial purposes, have been provided and have been approved by the Pennsylvania Department of Environmental Protection. In addition, the provisions of § 240-35 shall apply.

(g)

On-lot sewage system effects. The applicant shall submit a narrative with the conditional use application describing the design of all on-lot sewage disposal systems and their effect upon groundwater recharge and quality with respect to all proposed and existing water supplies. A nitrate study shall be performed following PADEP mass balance policy guidelines which include average year recharge from the development site alone, less impervious surface, sewer system design flow rates and a 45 mg/I effluent. Available existing groundwater quality nitrate data shall be obtained from test well(s), adjacent supply wells and springs to include as background nitrate levels. Total nitrate levels shall not be allowed to exceed the 10 mg/I drinking water limit.

(h)

In the event a proposed use requires any upgrade or expansion to either a public water supply system or public sewer conveyance and treatment system, or both, the cost of the design, permitting, construction and installation thereof shall be borne by the applicant.

(5)

Where required by § 240-48, a visual impact plan shall be conducted in accordance with the standards set forth in such section.

Penn Forest Township
City Zoning Code

ARTICLE IX

§ 240-61 Frontage onto improved streets; number of uses or buildings; minimum size of dwellings.

§ 240-62 Height exceptions.

§ 240-63 Special lot and yard requirements, sight distance and buffer yards.

§ 240-64 Landscaping.

§ 240-65 Nonconformities.

§ 240-66 Dumpster screening and location.

§ 240-67 Performance standards.

§ 240-68 Impact assessments and studies.

Penn Forest TownshipCity Zoning Code

ARTICLE IX

§ 240-61 Frontage onto improved streets; number of uses or buildings; minimum size of dwellings.

§ 240-62 Height exceptions.

§ 240-63 Special lot and yard requirements, sight distance and buffer yards.

§ 240-64 Landscaping.

§ 240-65 Nonconformities.

§ 240-66 Dumpster screening and location.

§ 240-67 Performance standards.

§ 240-68 Impact assessments and studies.

Penn Forest Township
City Zoning Code