The purpose of a use classified as a conditional use is to provide expressed standards to regulate uses classified as such in particular zoning districts, as provided in Part 5 of this Chapter.

(Ord. 1998-1, 3/19/1998, § 701)

   As part of the conditional use application fee, which shall be established the Board of Commissioners, the applicant shall be responsible to reimburse the Township for all reasonable and necessary consulting fees which are incurred by the Township to review plans, reports, data, studies and any other information related to an application for a conditional use permit.

(Ord. 1998-1, 3/19/1998, § 702)

   The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Board of Commissioners, with the Township Planning Commission having the authority to review and submit their recommendations to the Board of Commissioners. Decisions by the Board of Commissioners shall be made in accordance with standards and criteria set forth in this Part, any studies and reports required within the context of an impact analysis, as so defined in Part 2 of this Chapter, the respective zoning district in which the use is located, all other applicable regulations of this Chapter, other ordinances of the Township and all applicable state and/or federal regulations.

(Ord. 1998-1, 3/19/1998, § 703)

   A conditional use application, and 15 copies of said application shall be submitted to the Zoning Officer along with 15 of a site plan which includes the following information.

   A.   The site plan shall be at a scale of not greater than one inch equals 50 feet. Such plan shall, at minimum, indicate:

   (1)   The location and size of all buildings and structures, both principal and accessory, open space, parking areas, traffic access and circulation.

   (2)   All public or private streets within 1,000 feet of the site.

   (3)   Contours of the site for each two feet of change in elevation, based upon a field survey of the site, with the name of the person or firm who conducted the survey and the date of survey.

   (4)   Streams, ponds, watercourses, wetlands or any other bodies of water, including natural or human-made drainage swales located both on the site and within 500 feet of the site.

   (5)   The location, nature and terms of any existing or proposed easements on the site and any existing or proposed easements both on-site and off-site which are used or intended to be used for access to the site.

   (6)   The location, type and height of any required screening.

   (7)   The location of all structures within 200 feet of any property line boundary of the subject site.

   (8)   The map, block and lot number of the subject parcel.

   (9)   A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township.

   (10)   A narrative outline which fully describes the proposed use of the site and the pertinent operational aspects and features of the proposed use.

   (11)   Any other information required by the Board of Commissioners for determining the conformance of the conditional use with the regulations for that particular use.

(Ord. 1998-1, 3/19/1998, § 704)

   1.   Prior to approving or denying an application for a conditional use, the Board of Commissioners shall conduct a public hearing pursuant to public notice. The Board of Commissioners shall submit the application for the proposed conditional use to the Township Planning Commission, not less than 30 days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as they may deem appropriate.

   2.   The required public hearing shall be held and conducted in accordance with the same procedural guidelines which govern the Zoning Hearing Board under Part 15 of this Chapter. The term “Board of Commissioners” shall replace the term “Zoning Hearing Board” in relevant passages of said Part.

   3.   The Board of Commissioners shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board of Commissioners. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the ordinance or any other ordinance, rule or regulation, shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

   4.   If the Board of Commissioners fails to render a decision within 45 days after the last hearing or fails to hold the required hearing within 60 days from the date of the applicant’s request for hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of their failure of the Board of Commissioners to meet or render a decision as hereinabove provided, the Board of Commissioners shall give public notice of said decision within ten days from the last day it could have met to render a decision in the same manner as required by public notice. If the Board of Commissioners fails to provide such notice, the applicant may do so.

   5.   Nothing contained within this Section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him or her no later than the day following its date.

   6.   The Board of Commissioners shall grant an approval for a conditional use upon its determination that adequate evidence and information has been provided, which indicates the applicant’s proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.

(Ord. 1998-1, 3/19/1998, § 705)

   The general standards contained herein, shall be utilized in the review of applications and plans for any use which is classified as a conditional use.

   A.   The proposed use shall not jeopardize the community objectives of this Chapter nor shall it adversely affect the health, safety and welfare of the public and/or the environment.

   B.   Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.

   C.   Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic.

   D.   The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of location and size relative to the proposed operation and the nature and intensity of the operation involved.

   E.   The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of structures, buildings, walls and fences, so that the use, and development of adjacent property is not impaired.

   F.   The proposed use shall not be more objectionable in its operation in terms of noise, fumes, odors, vibration or lighting that would be the operations of any permitted use in the district.

   G.   The submission of an environmental impact statement for all nonresidential conditional uses in accordance with § 27-708 of this Chapter, and all subsections thereunder.

   H.   The submission of any reports and/or studies within the context of the definition “impact analysis” as contained within Part 2 of this Chapter, which conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as set forth by the Board of Commissioners including, but not limited to, the interest of protecting the health, safety and welfare of the public and environmental features and characteristics of the site and/or surrounding areas. In its review of an impact analysis, the Board of Commissioners shall have the discretion to retain the services of firms or agencies which have expertise within the subject or subjects addressed therein.

(Ord. 1998-1, 3/19/1998, § 706)

   The following uses/developments are classified as conditional uses within Part 5 of this Chapter:

   A.   Any use permitted by right or special exception, involving the initial or cumulative disturbance of 87,120 or more square feet of surface area including, but not limited to, the excavation of land, grading and/or the backfilling of land not related to the extraction of natural resources.

   B.   Any use permitted by right or special exception, involving the initial or cumulative construction, installation or placement of 43,560 or more square feet of buildings, structures and/or other impervious surface areas.

   C.   Any use which utilizes and/or stores any hazardous substances as so defined in Part 2 of this Chapter.

   D.   Automotive wrecking yards.

   E.   Extraction, excavation and/or removal of natural resources.

   F.   Heavy industry (as defined in Part 2).

   G.   Institutional uses.

   H.   Junkyards.

   I.   Methadone treatment facilities.

   J.   Mobile home parks, including expansions of existing mobile home parks.

   K.   Pawn shops.

   L.   Planned residential developments.

   M.   Sewage treatment facilities.

   N.   Sexually oriented uses (as defined in Part 2).

   O.   Shopping center.

   P.   Solid waste facilities.

   Q.   Staging areas.

   R.   Transfer station.

   S.   Wind energy facility.

(Ord. 1998-1, 3/19/1998, § 707; as amended by Ord. 2003-3, –/–/2003, §§ 5 and 6; by Ord. 2003-4, 10/6/2003, § 4; and by Ord. 2005-5, 3/10/2005, § 6)

   In addition to all other requirements, an environmental impact statement shall be required for any nonresidential use and/or development which is classified as a conditional use. Upon a written request from the applicant, the Board of Commissioners, at its sole discretion, may exempt a nonresidential use from the submission of an environmental impact statement, in whole or in part, upon a determination that certain information is not applicable to the proposed use and/or development. The burden of proof that certain information is not applicable to the proposed use and/or development shall rest with the applicant in addressing the basis for the requested exemption. The purpose of the environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is designed to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect watercourses, air quality, aquifers and the quality of life throughout Plains Township and its environs. An environmental impact statement shall include a response to the following items and said proposed use/development shall further comply with all other applicable standards and requirements of this Chapter:

   A.   Soil types.

   (1)   U.S.D.A. soil types (illustrated upon map).

   (2)   Permeability of soil on the site.

   (3)   Rate of percolation of water through the soil for every five acres.

   B.   Surface waters.

   (1)   Distance of site from the nearest surface water and head waters of streams.

   (2)   Sources of runoff water.

   (3)   Rate of runoff from the site.

   (4)   Destination of runoff water and method of controlling down stream effects.

   (5)   Chemical additives to runoff water on the site.

   (6)   Submission of a soils erosion and sedimentation control plan meeting the requirements of the Luzerne County Conservation District.

   (7)   A stormwater management plan which shall be developed in coordination with the soils erosion and sedimentation plan.

   C.   Ground cover including trees.

   (1)   Extent of existing impervious ground cover on the site.

   (2)   Extent of proposed impervious ground cover on the site.

   (3)   Extent of existing vegetative cover on the site.

   (4)   Extent of proposed vegetative cover on the site.

   D.   Topography.

   (1)   Maximum existing elevation of site.

   (2)   Minimum existing elevation of site.

   (3)   Maximum proposed elevation of site.

   (4)   Minimum proposed elevation of site.

   (5)   Description of the topography of the site and all proposed changes in topography.

   E.   Groundwater.

   (1)   Average depth to seasonal high water table.

   (2)   Minimum depth to water table on site.

   (3)   Maximum depth to water table on site.

   F.   Water supply.

   (1)   The source and adequacy of water to be provided to the site.

   (2)   The projected water requirements (G.P.D.) for the site.

   (3)   The uses to which the water will be put.

   G.   Sewage system.

   (1)   Sewage disposal system (description and location on the site of system).

   (2)   Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals).

   (3)   Projected daily volumes of sewage.

   (4)   Affected sewage treatment plants present capacity and design capacity.

   H.   Solid waste.

   (1)   Estimated quantity of solid waste to be developed and/or processed on the site during and after construction.

   (2)   Method of disposal and/or processing of solid waste during and after construction.

   (3)   Plans for recycling of solid waste during and after construction.

   I.   Air quality.

   (1)   Expected changes in air quality due to activities at the site during and after construction.

   (2)   Plans for control of emissions affecting air quality.

   J.   Noise.

   (1)   Noise levels, above existing levels, anticipated to be generated at the site, (source and magnitude), during and after construction.

   (2)   Proposed method for control of additional noise on-site during and after construction.

   K.   Impact of proposed use/development. A description of the impacts on the environment and mitigating factors shall be provided for the following:

   (1)   Existing plant species, (upland and marine), and effects thereon.

   (2)   Existing animal species and effects thereon.

   (3)   Existing wild fowl and other birds and effects thereon.

   (4)   Effects of drainage and runoff.

   (5)   Effects on groundwater quality.

   (6)   Effects on surface water quality.

   (7)   Effects on air quality.

   (8)   Alternatives to proposed use/development, consistent with the zoning of the site.

   (9)   Effects on sites of historic significance.

   (10)   Projected amount and type of traffic to be generated and the effects of the same on public roads and highways.

   L.   Impact upon critical areas. The applicant shall define, describe and identify upon a map, critical areas as defined in Part 2 of this Chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including, but not limited to, adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development.

   M.   Other governmental jurisdiction. A list of all licenses, permits and other approvals required by county, state or federal law and the status of each.

   N.   Review procedure of environmental impact statement.

   (1)   Upon receipt of an environmental impact statement, the Board of Commissioners shall promptly forward the environmental impact statement to the Township Planning Commission, the Township Engineer and any other agency, firm or individual which the Board of Commissioners may desire for their consultation and input.

   (2)   The Planning Commission shall review the applicant’s environmental impact statement and provide the Board of Commissioners with its comments and recommendations within 30 days from the date of its submission to the Planning Commission.

   (3)   The Board of Commissioners shall have the discretion to retain the expertise of appropriate parties in their review of the environmental impact statement. All fees and costs incurred for such consultation shall be paid by the applicant.

   (4)   A determination by the Board of Commissioners of a potential adverse impact which may result shall constitute sufficient basis for the denial of a conditional use permit.

(Ord. 1998-1, 3/19/1998, § 708)

   1.   Conformance to the following. A solid waste facility shall conclusively demonstrate conformance to all of the following items:

   A.   The applicant shall provide a comprehensive soil analysis and groundwater report which shall conclusively demonstrate that the proposed design, construction and operation of the solid waste facility shall not pollute surface or groundwater, nor otherwise cause any potential health or environmental hazard. Said report shall be jointly signed and certified by the applicant and the consultant, who prepares the report, attesting to the accuracy of information and the validity of said report.

   B.   The applicant shall sign an agreement prepared by the Township Solicitor, prior to final approval of the application for a conditional use permit which shall specify all the terms and conditions of approval, including the Township’s authority to revoke the permit for the violation of any terms and/or conditions under which the application was approved. Prior to formal action to revoke the conditional use permit, the Board of Commissioners shall convene a public hearing, pursuant to public notice, to consider testimony and evidence relative to the alleged violations. Based upon the testimony and evidence provided, the Board of Commissioners shall render a decision.

   C.   The land area and/or parcel of land on which the solid waste facility is located shall not exceed 25 acres, whether developed initially or cumulatively.

   D.   The applicant of a proposed solid waste facility shall provide conclusive evidence, based upon a mining report, soil analysis, test borings and any other appropriate technical data which conclusively demonstrates that the subsurface conditions beneath any area to be utilized as a landfill is capable of sustaining the bearing load of projected and/or planned quantity of material to be deposited and/or disposed of upon the site. The applicant and the person, party or firm providing such evidence shall jointly sign and certify the accuracy and validity of the information and data which is provided as conclusive evidence.

   E.   Any application for a conditional use permit for a solid waste facility, which includes the operation of a landfill, shall include a proposed reuse of the property and/or area utilized as a landfill upon the cessation of landfill activities. The proposed reuse of the property shall not be inconsistent with § 27-105 of this Chapter.

   F.   The applicant shall be required to create an escrow fund to finance the proposed and planned reuse and development of any area utilized as a landfill based upon the projected life expectancy of any area within the solid waste facility which is utilized as a landfill. Such fund shall be funded while the property is still being used for a landfill with annual increment payments. The annual increment payment shall be based upon the estimated cost of the proposed reuse of the site divided by the number of years which the landfill is expected to operate. Such fund shall be separate and distinct from any funding and/or bonding requirement pursuant to closure activities.

   G.   A solid waste facility may conduct and operate all approved functional aspects within the facility from the hours of 7:00 a.m. to 3:00 p.m. from Monday through Friday. Said facility shall not conduct and/or operate any approved functional aspects associated with the facility on Saturdays, Sundays and all legally recognized holidays by the federal government and/or the Commonwealth of Pennsylvania.

   H.   The entire site of a solid waste facility shall be enclosed with industrial type gauge fencing which shall be ten feet in height. All gates shall be closed and locked at the end of business hours. There shall be no advertising of any kind displayed upon the fence.

   I.   No operations and/or activities permitted within a solid waste facility shall be permitted within 1,000 feet of any property line boundary and/or within 2,500 feet of any residences and/or zoning district in which residences are a permitted use.

   J.   All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, trucks, trailers or other containers normally used to transport the materials shall not be permitted unless the aforesaid motor vehicles, trucks, trailers or other containers shall be stored within a completely enclosed building.

   K.   A solid waste facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in treating and/or processing the solid waste. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable regulations and requirements of the Pennsylvania Department of Environmental Protection. [A.O.]

   L.   All stormwater collected on the site shall be treated by the facility’s wastewater treatment system. Parking of motor vehicles containing solid waste or motor vehicles which have not been properly cleaned and washed shall only be permitted in completely enclosed buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.

   M.   The owner and/or operator of any solid waste facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream within 500 feet of any areas used for the storage or disposal of solid waste, if water drainage from the facility is discharged into said stream. For each testing period, two testing samples shall be collected: one sample shall be taken from the stream at a point upstream of the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well location, if applicable, located on the premises shall also be sampled every three months. All water samples shall be collected and analyzed by an independent party which is a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township Commissioners, and the results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall immediately cease operation until such time as the source of the contamination has been identified and totally corrected. [A.O.]

   N.   The area or areas upon which any permitted operations and/or activities within a solid waste facility are conducted shall be entirely screened. Such screening shall consist of a variety of evergreen trees, approved by the Board of Commissioners, planted not more than six feet apart and being not less than eight feet in height at the time of planting. Said screening shall be located not greater than 300 feet from the operations and/or activities which are subject to being screened. The applicant and/or operator of the facility shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die or otherwise fail to grow.

   O.   The applicant shall provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed solid waste facility, including the projected daily volume and tonnage of refuse being accepted for processing and/or disposal.

   P.   The applicant shall submit to the Board of Commissioners, a copy of his or her commercial policy of liability insurance covering third party claims for property damage and personal injury.

   Q.   Vehicular access for ingress, egress and regress to a solid waste facility shall be solely limited to private access roads, constructed in accordance to the design standards of as so provided within Part 8 of the Plains Township Subdivision and Land Development Ordinance. Such private access roads shall only have access to a State Legislative Route with no permitted access to or from any local streets and/or roads.

   R.   The owner and or operator of a solid waste facility shall provide an emergency response plan to address potential hazards associated with its operations. Said plan shall be submitted for review and comment to the local fire companies which serve Plains Township.

   S.   Any solid waste facility which processes sludge, prior to its final disposal, shall be designed to include a liner in accordance with the applicable standards of the Department of Environmental Protection for the liner within a proposed landfill.

   T.   Any solid waste facility which includes incineration shall be designed and operated in a manner to limit emissions by not less than ten percent below the applicable allowable emission standards of the Department of Environmental Protection or the Environmental Protection Agency, based upon the more restrictive regulations for reducing and/or limiting air pollution. Any emissions stack or similar structure shall not exceed 150 feet in height.

   U.   The applicant shall in addition to other required information and data provide an impact analysis which address the impact of the proposed operation and activities of a solid waste facility in relationship to the following items:

   (1)   All streets and roads which shall and/or are likely to be utilized for means of access to and from the site, including projected truck traffic which shall be generated in relationship to the projected daily volume of waste being transported to the solid waste facility.

   (2)   The suitability of the site for the proposed operations and activities of the solid waste facility in relationship to the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features which are located both on-site and off-site of the facility.

   (3)   The impact, both on-site and off-site, of the proposed operations and activities of the solid waste facility on the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features regarding the degree to which these are protected or destroyed, the tolerance of these resources to the proposed development and any adverse environmental impacts.

   (4)   The impact of the proposed operations and activities of the solid waste facility upon any locations and/or structures of historical and/or cultural significance within 3,000 feet to any property boundary line of the facility.

   (5)   The impact of the proposed operations and activities of the solid waste facility upon the preservation of agriculture and other land uses which are essential to the public health and welfare.

   2.   Mitigation of adverse impacts. In the event that any information, data and/or impact analysis indicates a projected and/or potential adverse impact, the applicant shall fully mitigate such impact. A determination of a potential adverse impact which may result, based upon the environmental impact statement or the Board of Commissioners’ review of the same shall constitute sufficient basis for the denial of a conditional use permit.

   3.   Land development approval required. In addition to the regulations contained within this Part, a solid waste facility shall be subject to the applicable regulations and provisions as contained within the Plains Township Subdivision and Land Development Ordinance [Chapter 22]. The application process for a conditional use permit and a land development may be submitted concurrently by the applicant.

   4.   Host municipality fee. A host municipality fee shall be executed between Plains Township and applicant, owner and/or operator of a solid waste facility prior to the commencement of construction of said facility.

(Ord. 1998-1, 3/19/1998, § 709; as amended by A.O.)

   Extraction, excavation, removal and/or surface mining of coal and/or coal by products and the extraction, excavation and/or removal of other natural resources including sand, gravel, rock, topsoil and peat moss shall be considered a temporary use, subject to the following requirements:

   A.   Map. Submission of a map which outlines the entire proposed area subject to be the proposed extraction, excavation, removal and/or surface mining of coal or coal by products. Said map shall contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and lot lines of public and semipublic uses within a distance of 500 feet from the perimeter of the proposed use. In addition, said map shall indicate the proposed maximum depth of any excavation.

   B.   Bond, backfilling and fees. The applicant shall provide documentation that all applicable state requirements relative to providing a bond which guarantees the restoration and backfilling any land proposed to be excavated or otherwise disturbed has been secured.

   C.   Insurance. That a certificate of insurance with limits of $100,000 per person and $300,000 per accident for personal injuries, and $300,000 for property damage, be filed with the Board of Commissioners both for the benefit of all persons who might be injured or suffer property damage as a result of the operations, and to save Plains Township and its officials harmless from any and all claims, suits or demands caused by any operations of the subject use.

   D.   Distance provisions. The perimeter of any excavation under this Section shall not be nearer than 500 feet from any building, property line or street, except that owned by the excavator.

   E.   Timing. Blasting, if permitted by the Board of Commissioners, shall occur only between the hours of 9:00 a.m. and 4:00 p.m. local time and in accordance with regulations promulgated by and under the supervision of a representative of the Pennsylvania Department of Environmental Protection. The applicant shall provide the Township with not less than a 24-hour advance notice.

   F.   Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall be not less than 1,000 feet from the right-of-way of any street, and/or 1,000 feet from any residential building or the boundary of a residential zoning district.

   G.   Drainage. All excavations both during operations and after completion shall be adequately drained to prevent the formation of pools of water. Adequate measures shall be taken prior to any excavation and fully documented prior to approval of the operation.

   H.   Limitation on land area. The extraction, excavation, removal and/or surface mining of coal or the reclamation of coal by products shall not exceed ten acres in area on any lot or tract of land.

   I.   Compliance with state requirements. Final and/or unconditional approval under the provisions of this Chapter will not be issued until all required licenses and/or permits have been properly secured from the Pennsylvania Department of Environmental Protection.

(Ord. 1998-1, 3/19/1998, § 710)

   1.   No sexually oriented use, as so defined in Part 2 of this Chapter, shall be located less than 1,000 feet from any of the following uses:

   A.   A residential dwelling.

   B.   A place of worship.

   C.   A public or quasi-public use or structure.

   D.   A zoning boundary of any residential zoning district.

   2.   Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely have a buffer area, as defined in Part 2, around the entire property, excluding points of vehicular access. The owner of the property shall be responsible to maintain the required vegetation within the buffer area, including the replacement of any frees which are damaged, die, removed by whatever means or otherwise fail to grow.

(Ord. 1998-1, 3/19/1998, § 711; as amended by Ord. 2007-5A, 9/19/2007, § 31)

   The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of the Township’s Subdivision and Land Development Ordinance [Chapter 22]. Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park.

   A.   All mobile home parks shall have a total land area of not less than ten acres.

   B.   All mobile home parks shall be located on well-drained land with the average natural slope not exceeding ten percent.

   C.   All mobile home parks shall have access to public streets or roads.

   D.   All mobile home parks shall be serviced by an off-site sewage disposal system and a central water supply and distribution system.

   E.   Mobile homes shall not be located on sites so that any portion of any mobile home is closer than 30 feet to any portion of any other mobile home or permanent building within the mobile home park.

   F.   Access to mobile home sites shall be from interior driveways, access drives or private streets and shall not be from public street or roads. Entrance roads shall have a paved cartway width of at least 24 feet.

   G.   Every mobile home site shall be provided with a minimum of two off-street parking spaces.

   H.   All mobile home parks shall be provided with pedestrian walkways on at least one side of every street.

   I.   Each mobile home site shall have a minimum area of not less than 3,000 square feet and a minimum lot width of not less than 50 feet. The minimum front, rear and side setback for any mobile home shall be ten feet.

   J.   Every mobile home park shall provide a defined recreational site or sites which shall contain an area of land not less than five percent of the total gross land area within the boundaries of the mobile home park. All recreational sites shall be located in areas which are readily accessible to all residents of the mobile home park. A recreational development plan shall be provided which identifies passive and active recreational features to be provided upon the site, including recreational equipment, play apparatus, benches and all other features and facilities to be incorporated into the design of the recreational site. The location of the recreational site and the recreational development plan shall be subject to the review and approval of Board of Commissioners. The recreational site must be identified and approved by the Board of Commissioners prior to final approval of the development or expansion of a mobile home park. To guarantee the installation of all improvements to the site, the applicant shall be required to complete the installation of all such improvements prior to receiving an unconditional final approval or to post an irrevocable letter of credit in the amount of 110 percent of the estimated cost of improvements. The procedures and standards contained within § 509 of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10509, as amended, shall apply to posting the aforementioned irrevocable letter of credit. The procedures and standards within § 510 of Act 247, 53 P.S. § 10510, as amended, shall apply to the release of the irrevocable letter of credit upon the completion of the required improvements. The applicant shall be required to reimburse the Township for any engineering fees associated with the inspection of improvements to the site. Said reimbursement must be paid at the same meeting of the Board of Commissioners at which the applicant seeks final and unconditional approval of said improvements.

   K.   Each mobile home site shall be provided with a stand or pad consisting of two concrete strips to accommodate the supporting base or foundation of the mobile home.

   L.   Every mobile home in the park shall be enclosed from the bottom of the mobile home to the ground or stand using industry-approved skirting material compatible with the home.

   M.   Every mobile home shall be securely anchored or tied-down on at least the four corners and/or in accordance with the manufacturer’s recommendations furnished with each home.

   N.   The owner/operator of each mobile home park shall provide a refuse disposal plan.

   O.   An approved soils erosion and sedimentation plan and a stormwater management plan shall be required prior to the unconditional approval for the development or expansion of a mobile home park.

   P.   An approved Department of Environmental Protection planning module shall be required prior to the unconditional approval for the development or expansion of a mobile home park.

(Ord. 1998-1, 3/19/1998, § 712)

   1.   Purpose. The purpose of this district, as stated in the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. §§ 10101 et seq., as amended, is to achieve the following:

   A.   To ensure that the provisions of this Chapter, which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the ordinance.

   B.   To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.

   C.   To provide greater opportunities for better housing and recreation for all who are or may become residents of the Township.

   D.   To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may ensure the benefits of those who need housing.

   E.   To encourage more flexible land development which will respect and conserve natural resources such as streams, floodplains, groundwater, wooded areas and areas of unusual attractiveness in the natural environment.

   F.   In aid of the purpose stated within this Section, to provide a procedure which can regulate the type, design and layout of a residential development to the particular site and particular demand for housing existing at the time of development in a manner consistent with the preservation of property values within existing residential areas. To assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

   2.   Use regulations. The principal permitted uses shall include:

   A.   Single-family detached dwellings.

   B.   Two-family dwellings.

   C.   Townhouses.

   D.   Accessory uses: customary accessory uses and buildings to the above shall be permitted in accordance with the applicable provisions of this Chapter.

   3.   Density regulations. The density of a planned residential development, based upon the existing residential zoning district in which the planned residential development is proposed to be established, shall not exceed the minimum lot area per dwelling unit as provided for in this Chapter, along with the corresponding maximum lot coverage requirements and required common open space requirements as set forth in Subsection 6. of this Section.

   4.   Dimensional regulations. All planned residential developments shall be subject to the following:

   A.   Minimum lot area. A planned residential development shall have an area of not less than ten acres.

   B.   Distance between buildings. No buildings or structure, including porches, decks or balconies shall be less than 30 feet to any other building or structure.

   C.   Setback requirements. The minimum front, side and rear setbacks for a planned residential development shall each be not less than 50 feet to the property lines of adjoining properties. A planting strip of not less than 20 feet in width shall be along all property lines at the periphery of the development where necessary to preserve the privacy of neighboring residents. Land adjacent to a lake, pond, stream, wetlands or watercourse shall remain as permanent open space for a distance of not less than 100 feet from the water’s edge, unless superseded by more restrictive standards.

   D.   Common open space. Not less than 20 percent of the total area of a Planned Residential Development, excluding streets and off-street parking areas, shall be designated, designed and devoted to common open space for the use and enjoyment of the residents therein.

   5.   Development regulations. A planned residential development shall be subject to the following standards and regulations:

   A.   Requirements for improvements and design. All improvements, including, but not limited to, streets, curbing, sidewalks, stormwater detention facilities, drainage facilities, water supply facilities, sewage disposal, street lighting, tree lawns and the like, unless otherwise exempted, shall be designed and constructed in conformance with the standards and requirements of the Plains Township Subdivision and Land Development Ordinance [Chapter 22].

   B.   Sewage disposal. Disposal of sanitary sewage shall be by means of centralized sewers and shall conform to the design standards of the Plains Township Subdivision and Land Development Ordinance [Chapter 22]. The proposed sewage collection system, and treatment facility shall require DEP approval as a prerequisite and/or condition to tentative approval of a development plan.

   C.   Water supply. The water supply may be an on-site or off-site system. If the water is to be provided by means other than private wells, owned and maintained by individual owners of lots within the planned residential development, evidence shall be provided that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the planned residential development in question shall be required. Whichever form is appropriate, shall be considered as acceptable evidence.

   6.   Location/management of common open space. Common open space within a planned residential development shall be designed as a contiguous area which shall be easily accessible to the residents. A planned residential development must insure that the common open space shall remain as such and be properly maintained by the developer’s compliance with one of the following:

   A.   Dedicate such land to public use, providing the Township will accept such dedication.

   B.   Retain ownership and responsibility for maintenance of such land.

   C.   Provide for and establish an organization for the ownership and maintenance of such land, which includes provisions that such organization shall not be dissolved nor shall it dispose of such land, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate such land to the Township.

   The Township shall utilize the appropriate procedures and remedies, as set forth in Article VII of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. §§ 10701 et seq., as amended, should an organization established to own and maintain common open space fail to do so in a reasonable order and conditioned in accordance with the development plan.

   7.   Phasing of development. A planned residential development may be constructed in phases subject to the following:

   A.   The application for tentative approval shall cover the entire area to be developed with a schedule delineating all proposed phases, as well as the dates by which applications for final approval of each phase shall be filed. Such schedule shall be updated annually by the applicant on or before the anniversary date of the approval of the development plan, until all phases are completed and granted final approval by the Board of Commissioners. Any modification in the aforesaid schedule shall be subject to approval of the Board of Commissioners in its discretion. [A.O.]

   B.   Not less than 15 percent of the total number of dwelling units to be constructed shall be included in the first phase.

   C.   The second and any subsequent phases shall be completed in accordance with the tentatively approved plan, with each phase containing not less than 15 of the total number of dwelling units.

   D.   The Board of Commissioners may impose further conditions upon the filing of any phase of a development plan, as it may deem necessary to assure the orderly development of the plan and/or to protect the public health, safety and welfare.

   8.   Enforcement and modification of provisions of plan. To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following:

   A.   Provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided herein; and, the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.

   B.   All provisions of the development plan shall run in favor of the residents of the planned residential development, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.

   C.   All those provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released by the Township, except grants of easements relating to the service or equipment of a public utility, subject to the following conditions:

   (1)   No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or in equity, as provided in this Section.

   (2)   No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Board of Commissioners, after a review by the Board of Commissioners, following a public hearing pursuant to public notice, called and held in accordance with the provisions of this Section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or public interest, and is not granted solely to confer a special benefit upon any person.

   D.   Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this Section.

   9.   Application for tentative approval. The application for approval, tentative and final, of a planned residential development as provided for by this Chapter, shall be in lieu of all other procedures or approvals otherwise required by this Chapter and Subdivision and Land Development Ordinance [Chapter 22] of the Township, except where specifically indicated. The procedures herein described for approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interests in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property. An application for tentative approval shall be consistent with the following:

   A.   Informal consultation. The landowner and the Board of Commissioners may consult informally at a public meeting or work session concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Board of Commissioners shall be binding upon the Board of Commissioners. The informal consultation is intended to allow the landowner and Board of Commissioners to exchange comments and discuss issues which may be of particular significance to the site.

   B.   Application and fee. An application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer. An application fee in an amount as established, from time to time, by resolution of the Board of Commissioners per housing unit, based upon total number of proposed housing units, shall be paid upon filing the required application. [A.O.]

   C.   Relationship to planning, zoning and subdivision. All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Township, shall be determined and established by the Board of Commissioners.

   D.   Required documentation.

   (1)   The application for tentative approval shall include documentation illustrating compliance with all of the standards for a planned residential development and, where necessary, the Township shall order such documentation to aid them in their review.

   (2)   An original and 15 copies of the application shall be submitted along with 15 copies of each of the following:

   (a)   Any required study and/or report, prepared as an impact analysis, which may be required at the discretion of the Board of Commissioners. A determination of the need for any such study and/or report may be made at the time of the informal consultation or during the public hearing for consideration of tentative approval of the development plan.

   (b)   The development plan for the entire site, which shall include conformance to the requirements of this Chapter, along with the information and documentation noted herein:

   1)   The location, size and topography of the site and the legal nature of the landowner’s interest in the land proposed to be developed.

   2)   The density of land use to be allocated to parts and/or phases of the site to be developed.

   3)   The location and size of common open space and the form of organization proposed to own and maintain the common open space.

   4)   The use and height, bulk and location of buildings and other structures.

   5)   The means and feasibility of proposals for the disposition of sanitary waste and stormwater.

   6)   The substance of covenants, grants or easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities.

   7)   Provisions for parking of vehicles and the location and width of proposed streets and any other form of public rights-of-way, excluding common open space.

   8)   The required modifications in the Township land use regulations as contained within this Chapter and Subdivision and Land Development Ordinance [Chapter 22], otherwise applicable to the subject property.

   9)   The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.

   10)   In the case of development plans which call for development over a period of years, a schedule showing the proposed timetable within which applications for final approval of all phases of the planned residential development are intended to filed. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

   11)   A plan map at a scale of not greater than one inch equals 50 feet, with contours for each two-foot change in elevation. A location map shall also be provided at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township. The drafting standards applicable for a major subdivision and/or land development, as provided for within the Plains Township Subdivision and Land Development Ordinance [Chapter 22], shall apply.

   E.   Statement of landowner. The application shall also include a written statement by the landowner setting forth the reasons why, in his or her opinion, the planned residential development would be in the public interest and consistent with the community development objectives within § 27-105 of this Chapter.

   F.   Application and approval procedures in lieu of others. The application for tentative and final approval of a development plan for a planned residential development prescribed herein shall be in lieu of all other procedures and approvals required by this Chapter and Subdivision and Land Development Ordinance [Chapter 22] of the Township, unless otherwise expressly stated.

   G.   Referrals and review of plan. The application for tentative approval shall be filed with the Zoning Officer, who shall be authorized to accept such applications under this Chapter. Copies of the application and tentative plan shall be referred to the agencies and officials identified in § 22-304 Subsection 2. of the Township’s Subdivision and Land Development Ordinance [Chapter 22] for their review and comment.

   10.   Public hearings.

   A.   Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Part, a public hearing pursuant to public notice on said application shall be held by the Board of Commissioners in the manner prescribed in the ordinance for the enactment of an amendment to this Chapter.

   B.   The Chairperson or in his or her absence, the Acting Chairperson, of the Board of Commissioners, may administer oaths and compel the attendants of witnesses. All testimony by witnesses shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.

   C.   A verbatim record of the hearing shall be provided by the Board of Commissioners whenever such records are requested by any party to the proceedings, with the cost of making and transcribing such a record shall be paid by those parties wishing to obtain such copies. All exhibits accepted as evidence shall be properly identified and the reason for any exclusion shall be clearly noted in the record.

   D.   The Board of Commissioners may continue the public hearing as required provided that in any event, the public hearing or hearings shall be concluded within 60 days following the date of the first public hearing.

   11.   Findings.

   A.   The Board of Commissioners, within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing the application, whichever occurs first, shall by official written communication to the landowner, either:

   (1)   Grant tentative approval to the development plan as submitted.

   (2)   Grant tentative approval subject to specified conditions not included in the development plan as submitted.

   (3)   Deny the tentative approval to the development plan.

[Ord. 2005-5]

   B.   Failure to act within the prescribed time period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, 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 Board of Commissioners, notify said Board of his or her refusal to accept all said conditions, in which case the Board of Commissioners shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not notify the Board of Commissioners of his or her refusal to accept all said conditions within 30 days after receiving a copy of the official written communication of the Board of Commissioners, tentative approval of the development plan, with all said conditions, shall stand as granted.

   C.   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 denial, and said communication shall set forth particulars in what respect the development plan would or would not be in the public interest including, but not limited to, findings of facts and conclusions based upon the following:

   (1)   Those respects in which the development plan is or is not consistent with the community development objectives within § 27-105 of this Chapter.

   (2)   The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use and the reasons why such departures are or are not deemed to be in the public interest.

   (3)   The purpose, locations and amount of common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

   (4)   The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services, (including, but not limited to, sewage, water and stormwater runoff) provide adequate control for vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

   (5)   The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood or area of the Township in which it is proposed to be established.

   (6)   In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan.

   D.   In the event a development plan is granted tentative approval, with or without conditions, the Board of Commissioners 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 or phase 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 less than 90 days. In the case of development plans which extend over a period of years, the time between applications for final approval of each part of the plan shall not be less than one year.

   12.   Status of plan after tentative approval.

   A.   The official written communication provided for in this Part shall be certified by the Township Secretary and filed in his or her office; a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed as an amendment to the Zoning Map, effective and so noted upon the Zoning Map upon final approval.

   B.   Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any zoning permit. A development plan, which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending the application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.

   C.   In the event that a development plan is given tentative approval and thereafter, but prior to the final approval, the landowner shall elect to abandon said development plan and shall so notify the Board of Commissioners in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development for which final approval has not been given shall be subject to those Township land use ordinances otherwise applicable thereto. The same shall be noted on the Zoning Map and in the records of the Township Secretary.

   13.   Application for final approval.

   A.   An application for final approval may be for all of the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made through the Zoning Officer and subject to approval by the Board of Commissioners within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing shall not be required.

   B.   The application shall include all drawings, specifications for required improvements, covenants, easements, a financial guarantee and all other such requirements as specified under §§ 22-702, 22-703 and 22-704 of the Plains Township Subdivision and Land Development Ordinance [Chapter 22], as well as any conditions set forth in the official written communication granting tentative approval.

   C.   In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Board of Commissioners shall, within 45 days of such filing, grant such development plan final approval.

   D.   In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Commissioners may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more said variations are objectionable and not in the public interest.

   E.   In the event of such refusal the landowner may either:

   (1)   Refile his or her application for final approval without the variations to which the Board of Commissioners deemed objectionable and not in the public interest.

   (2)   File a written request with the Board of Commissioners that it hold a public hearing on his or her application for final approval.

   F.   If the landowner wishes to take either of such alternate action, he or she may do so at any time within which he or she 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 or she shall be deemed to have abandoned the development plan.

   G.   Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made in writing by the landowner. The hearing shall be conducted in the manner prescribed in this Chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the public hearing, the Board of Commissioners shall, by official written communication, either grant final approval to the development plan or deny final approval.

   H.   The grant or denial of final approval of the development plan shall, in cases arising under this Section, be in the form and contain findings required for an application for tentative approval as set forth in this Part.

   I.   A development plan, or any part thereof, which has been given final approval, shall be so signed and certified without delay by the Board of Commissioners. Said development plan shall be filed of record forthwith in the office of the Recorder of Deeds of Luzerne County before any development shall take place in accordance therewith. Upon filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions as provided for under § 22-106 and § 22-107 of the Plains Township Subdivision and Land Development Ordinance [Chapter 22], said planned residential development or part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat the developer shall record the plat within 90 days from the date of approval and post a financial security in accordance with Part 7 of the Plains Township Subdivision and Land Development Ordinance [Chapter 22].

   J.   In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Board of Commissioners in writing; or in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions as provided for under § 22-106 and § 22-107 of the Plains Township Subdivision and Land Development Ordinance, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments by this Chapter.

   14.   Legal proceedings and enforcement remedies. Any person, partnership or corporation, who or which has violated the provisions of this Part, shall be prosecuted in accordance with §§ 712.1 and 712.2 of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. §§ 10712.1, 10712.2, as amended.

(Ord. 1998-1, 3/19/1998, § 713; as amended by Ord. 2005-5, 3/10/2005, § 8; and by A.O.)

   1.   A methadone treatment facility shall be located upon a lot having an area of not less than 30,000 square feet, applicable for either new construction or for adaptive reuse of an existing structure.

   2.   Any proposed methadone treatment facility shall include with its submission of a zoning permit application, an operational narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, a MD or a DO, shall be on duty at the facility during the methadone treatment facility’s hours of operation.

   3.   Prior to occupancy, any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable Township, county, state and federal regulations.

   4.   Any methadone treatment facility with direct access and/or frontage along a State Legislative Route shall include with its submission of a zoning permit application, a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall address the following:

   A.   The number of vehicle trips expected to be generated during an average weekday including both a.m. and p.m. peak hours of adjacent street traffic.

   B.   The number and types of vehicles, with an origin or destination at the subject site, the need for which is generated by said use.

   C.   The routes, roadways or streets to reach the methadone treatment facility.

   D.   The impact of the levels of service at intersections within one-half mile of said methadone treatment facility.

   E.   Recommended traffic control devices designed to mitigate any documented adverse impact on adjacent roadways.

   5.   A methadone treatment facility shall demonstrate its compliance with supplying the required number of off-street parking spaces as provided for in Part 11 of this Chapter. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan.

(Ord. 1998-1, 3/19/1998; as added by Ord. 2003-4, 10/6/2003, § 5; and as amended by Ord. 2007-5A, 9/19/2007, § 32)

   1.   Information to be submitted. The applicant for a wind energy facility shall be required to submit the following information:

   A.   The applicant’s and landowner’s name and contact information.

   B.   The tax map numbers, existing use and acreage of the site parcel.

   C.   A survey map at an appropriate scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.

   D.   Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the tower, showing compliance with the applicable building code.

   E.   The make, model, picture and manufacturer’s specifications, including noise decibels.

   F.   Data pertaining to the tower’s safety and stability, including safety results from test facilities.

   G.   A completed environmental impact statement in accordance with § 27-706 of this Chapter.

   H.   A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three-mile radius as no smaller than six inches, and the base map used shall be a published topographic map showing human-made features, such as roads and buildings.

   I.   No fewer than four, and no more than the number of proposed individual wind turbines, plus three color photos, no smaller than three inches by five inches, taken from locations within a three-mile radius from the site and to be selected by the Board of Commissioners, and computer-enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations. [A.O.]

   J.   Copies of all proposed leases required to be secured by the applicant, if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed.

   2.   Approval standards. In addition to all other applicable criteria and requirements for approval of a conditional use, the following standards shall apply:

   A.   The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

   B.   To limit unauthorized access, a fence eight feet high with a locking portal shall be placed around the facility’s tower base.

   C.   Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

   D.   All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

   E.   All power transmission lines from a wind turbine tower to on-site substations shall be underground.

   F.   Prior to issuance of a building permit, the applicant shall provide the Township proof of a level of insurance to be determined by the Board of Commissioners in consultation with the Township’s insurer, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. Said insurance must be maintained for the life of the wind energy facility, until such time that all components of the wind energy facility are decommissioned and/or removed. [A.O.]

   G.   Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building, containing emergency contact information, including a local telephone number with 24-hour, seven days a week coverage. [A.O.]

   H.   Any wind energy facility found to be unsafe by the local enforcement officer or agent of the Township shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. If any wind energy facility is not operated for a continuous period of 12 months, the Township will notify the landowner by registered mail and provide 45 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Township deems the timetable for corrective action as unreasonable, they must notify the landowner and such landowner shall remove the turbine within 120 days of receipt of notice from the Township.

   I.   The owner of a wind energy facility shall have it inspected at least every two years for structural and operational integrity by a licensed professional engineer, and shall submit a copy of the inspection report to the Township. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide written to the Township with a written schedule for the repairs or maintenance.

   3.   Siting and installation. A wind energy facility shall:

   A.   Use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.

   B.   Combine transmission lines and points of connection to local distribution lines.

   C.   Connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.

   D.   All wiring between wind turbines and the wind energy facility substation shall be underground.

   E.   The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility’s then current service regulations applicable to wind power generation facilities and shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company.

   4.   Setbacks.

   A.   The minimum setback distance between each wind turbine tower and overhead utility or transmission lines, other wind turbine towers, electrical substations, meteorological towers and public roads shall be equal to no less than one and one-half times the sum of proposed structure height plus the rotor radius.

   B.   The minimum setback distance for each wind turbine tower and all surrounding property lines and dwellings shall be not less than 1,500 feet.

   C.   Each wind turbine shall be set back from the nearest public road a distance no less than 1.1 times its total height, determined at the nearest boundary of the underlying right-of-way for such public road.

   D.   Each wind turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing power line or telephone line.

   5.   Nuisance issues.

   A.   Individual wind turbine towers shall be located so that the level of noise produced by wind turbine operation shall not exceed 55 dBA, measured at the site property line.

   B.   No individual tower facility shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

   6.   Environmental and visual.

   A.   Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

   B.   The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

   C.   Where wind characteristics permit, wind turbine towers shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.

   D.   Wind turbine towers, the proposed structure height plus the rotor radius shall not exceed 250 feet.

   E.   Towers shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible.

   F.   Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as:

   (1)   Electrical equipment boxes on or near the ground that can provide shelter and warmth.

   (2)   Horizontal perching opportunities on the towers or related structures.

   (3)   Soil where weeds can accumulate.

   G.   Wind turbine towers shall be set back at least 500 feet from any bodies of water including, but not limited to, lakes, ponds, streams, creeks and rivers.

   H.   Wind turbine towers shall be set back at least 500 feet from identified wetlands and its delineated boundaries.

   I.   Wind energy facilities shall provide conclusive documentation that the location and operation of the proposed facility will not adversely affect the wild life habitat, including, but not limited to, bats and birds of the region and associated migration routes.

   7.   Traffic routes.

   A.   (1)   Construction of wind energy facilities poses potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on ideal roads. Construction and delivery vehicles for wind energy facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:

   (a)   Minimizing traffic impacts from construction and delivery vehicles.

   (b)   Minimizing wind energy facilities related traffic during times of school bus activity.

   (c)   Minimizing wear and tear on local roads.

   (d)   Minimizing impacts on local business operations.

   (2)   Permit conditions may limit wind energy facilities related traffic to specified routes, and include a plan for disseminating traffic route information to the public.

   B.   The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind energy facility. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Township, sufficient to compensate the Township for any damage to local roads.

   8.   Decommissioning and restoration requirements.

   A.   The applicant shall include the following information regarding decommissioning of the project and restoring the site:

   (1)   The anticipated life of the project.

   (2)   The estimated decommissioning costs in current dollars.

   (3)   The method and schedule for updating the costs of decommissioning and restoration.

   (4)   The method of ensuring that funds will be available for decommissioning and restoration.

   (5)   The anticipated manner in which the project will be decommissioned and the site restored.

   B.   The Board of Commissioners shall require the applicant to provide an appropriate and adequate demolition bond for purposes of removing the wind energy facility in case the applicant fails to do so as required above. Proof of this bond shall be provided each year and shall be a continuing condition for the life of the project. [A.O.]

   C.   The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within ten days of the applicant’s receipt of such report.

(Ord. 1998-1, 3/19/1998; as added by Ord. 2007-5A, 9/19/2007, § 33; and as amended by A.O.)