Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.

(Ord. 1998-1, 3/19/1998, § 801)

   1.   Animal hospital. An animal hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building. No animal hospital shall be located less than 25 feet from any property line.

   2.   Animal kennels. Animal kennels in which animals are kept, boarded or trained may be either enclosed buildings or a combination of buildings and open runways. If all activities are maintained within a completely enclosed building, no objectionable odors shall be vented outside the building. If open runways are used, the building and runways shall be located not less than 100 feet from all property lines. Where the property abuts a district having residences as a principal permitted use, the building and runways shall be not less than 200 feet from such property lines.

   3.   Automobile related activities.

   A.   Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Only vehicles to be repaired on the premises or picked up by the vehicle’s owner may be stored in the yard area. Where the operation abuts on the side or rear property line of a district having residences as a principal permitted use, a solid wall or substantial attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting shall be directed away from adjacent properties.

   B.   Automotive sales. The outdoor display of new or used automobiles, shall be conducted within a completely enclosed building designed and constructed to minimize noise, fumes, vibrations and glare. Where an automotive sales use abuts a rear or side lot line of any district having residences as a principal permitted use, a solid wall or substantial, attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting shall be directed away from adjacent properties.

   C.   Car wash. Appropriate drainage facilities for washing activities shall be provided. The site shall be sufficiently large to accommodate three cars per stall awaiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or substantial, attractive, tight fence being six feet in height and well maintained along such boundary. Outdoor lighting shall be directed away from adjacent activities. [A.O.]

   D.   Gasoline service stations. When a service station abuts on the rear or side lot line of a district having residences as a principal use, a solid wall or substantial attractive fence being six feet in height shall be constructed and maintained in good condition along such boundary. When a service station occupies a corner lot, the access driveways shall be located at least 60 feet from the intersection of the front and side street lines of the lot. All access driveways shall not exceed 25 feet in width. Gasoline pumps or other service appliances may be located in the required front yard not to exceed 15 feet. All repairs, service, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties.

   4.   Banks. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Access driveways shall be no more than 25 feet in width. Canopies over drive-through areas shall meet all yard setback requirements.

   5.   Boarding house. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.

   6.   Bulk fuel storage. Bulk fuel storage shall be located on a tract of land not less than five acres. Storage tanks shall be located not less than 100 feet from any property line and shall be not less than 500 feet from any dwelling, school, church or similar use. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located 250 feet from all property lines. The tank storage area shall be fenced with an eight feet high industrial gauge fence. If the storage property abuts on the side or rear property line containing a residence, the fence shall be screened from view by a dense growth of evergreens at least five feet in height at the time of planting. Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations.

   7.   Cemeteries. A structure, grave or place of permanent burial shall be set back not less than 50 feet from the property line. The cemetery shall be enclosed by a fence, wall or shrubbery at least three feet in height. The interior roads shall have a minimum width of 12 feet and shall be properly maintained with either gravel or paving.

   8.   Community center (as defined in Part 2). Buildings utilized for such purposes shall not be less than 20 feet from any property line. Where the use abuts on the rear or side lot line on the side or rear property line of any R District, a solid wall or substantial attractive fence not less than six feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. The provision of any outside lighting shall be directed away from adjacent properties.

   9.   Contractors’ storage yards. Commercial or industrial uses utilizing outdoor storage space which exceeds an area of more than 2,000 square feet shall be located on a tract of land of not less than 25,000 square feet. Supplies stored outdoors shall be neatly arranged and no required yard areas shall be used for storage. There shall be a roadway 14 feet in width provided for in every 40 linear feet of stored materials. The roadway shall be kept passable for firefighting equipment. Where the operation abuts on the rear or side lot line of a district having residences as a principal permitted use, a solid wall or substantial fence being six feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting shall be directed away from adjoining properties.

   10.   Convenience store with gasoline pumps. The property shall have a lot area of not less than 20,000 square feet. The principal structure as well as the canopy over gasoline pumps shall meet all the minimum setback requirements for all yards in the district in which it is located. Where the operation abuts on the rear or side lot line of a district having residences as a principal permitted use, a solid wall or substantial fence being six feet in height shall be constructed and maintained in good condition along such boundary. A parking area accommodating all spaces required by Part 11 shall be provided. Access driveways shall be no more than 25 feet wide at the street line, and in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets, as measured from the right-of-way line. All lighting shall be directed away from adjoining property.

   11.   Child care facilities. All day care facilities, as so defined in Part 2 of this Chapter, shall comply with the following:

   A.   The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval is required by the laws of the Commonwealth.

   B.   Noise and all other possible disturbing aspects connected with such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.

   C.   All outdoor play areas shall be completely enclosed with a fence being six feet in height. Outdoor play activities shall be limited to the hours between 10:00 a.m. to 5:00 p.m. local time.

   D.   The applicant shall provide evidence that vehicular traffic congestion will be avoided in “pick-up and drop-off points” utilized in transporting children to and from the facility.

   12.   Dwelling over or attached to a business establishment. Dwellings units may be permitted over or attached to business establishments in any zoning district. Such dwellings shall have private access and the required residence parking spaces in addition to commercial parking spaces as required by Part 11.

   13.   Eating and drinking establishments. All eating and drinking establishments shall meet the parking requirements as set forth in Part 11 of this Chapter. Access drives shall not exceed 25 feet in width and for those establishments located on a corner lot, no access drive shall be located less than 60 feet of an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outside lighting shall be directed away from adjacent properties.

   14.   Entertainment facilities. Entertainment facilities as defined in Part 2 of this Chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 20 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district and shall be conducted entirely within an enclosed structure.

   15.   Funeral home. Funeral homes shall accommodate all of the parking areas required as provided in Part 11 of this Chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or substantial, attractive fence being six feet in height. Outside lighting shall be directed away from adjacent properties.

   16.   Group residence. Any party wishing to establish and/or operate a “group residence”, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:

   A.   The maximum occupancy of a group residence shall not exceed eight persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing code standards of the Pennsylvania Uniform Construction Code, 34 Pa.Code §§ 401 et seq.

   B.   The group residence shall be under the jurisdictional and regulatory control of a governmental entity (county, state and/or federal).

   C.   The applicant and/or operator of group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.

   D.   The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group residence; however, two additional off-street parking spaces shall be provided any if there is any required staffing associated with the management and operation of a group residence.

   17.   Home occupations. A home occupation which is conducted within a dwelling unit or an existing accessory building to the dwelling shall be subject to the following provisions:

   A.   The occupation shall be carried on wholly indoors, within the principal building or within a building accessory thereto.

   B.   There shall be permitted a sign, not to exceed two square feet in surface area, placed flat against the building as a wall sign, and shall not be permitted above the first story level. No other exterior display or exterior storage of materials or any other exterior indication of the home occupation shall be permitted.

   C.   There shall be no maintenance of a stock in trade or show windows or displays or advertising visible outside the premises.

   D.   No articles shall be sold or offered for sale except those which are produced on the premises.

   E.   There shall be no repetitive servicing by truck.

   F.   No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

   G.   The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than two additional employees. Licensed medical practitioners and attorneys may have more than two additional employees, subject to approval by the Zoning Hearing Board.

   H.   The floor area devoted to a home occupation, regardless of where located on a lot, shall be equivalent to not more than 20 percent of the floor area of the dwelling unit.

   I.   Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit:

   (1)   Four spaces for each physician, dentist or other licensed medical practitioner.

   (2)   Two spaces for all other home occupations.

   18.   Industrial activities. In addition to the applicable requirements of this Chapter, all industrial activities and uses permitted by right, special exception and/or conditional use within the I-1 District shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with approval from all state and federal regulations governing the proposed use.

   19.   Junkyards and automotive wrecking yards. All junkyards and automotive wrecking yards existing at the effective date of this Chapter shall comply within one year after the adoption thereof. All new junkyards and automotive wrecking yards shall comply with the following:

   A.   Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.

   B.   Burning of any materials shall be prohibited.

   C.   No oil, grease, tires or gasoline shall be burned at any time.

   D.   No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.

   E.   Whenever any motor vehicle shall be received on such premises as junk, all gasoline and oil shall be drained and removed therefrom.

   F.   The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.

   G.   The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A stormwater drainage plan shall be required.

   H.   There shall be no stockpiling of motor vehicles, nor shall there be any junk piled higher than four feet.

   I.   There shall be a roadway 14 feet in width provided for every 40 linear feet of junk. The roadway shall be kept open and unobstructed for proper access for fire fighting equipment and safety purposes.

   J.   Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.

   K.   All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Part 2 of this Chapter. The required fence shall be not closer than 20 feet to any property line.

   L.   Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday from 8:00 a.m. to 4:00 p.m., local time.

   20.   Motels and hotels. Motels and hotels shall uses shall require a minimum lot size of not less than two acres with a lot width of not less than 200 feet. The following requirements shall also apply:

   A.   There shall be more than ten sleeping rooms.

   B.   Fifty percent or more of the gross floor area shall be devoted to sleeping rooms.

   C.   There may be club rooms, ballrooms and common dining facilities.

   D.   In the case of a corner lot, access drives shall be not less than 60 feet from the intersection of any two streets as measured from the intersection of their right-of-way lines.

   21.   Nonprofit social halls, clubs and community centers. Buildings utilized for such purposes shall not be less than ten feet from the property line, nor shall any designated parking area be within ten feet from a property line.

   22.   Outdoor storage. Outdoor storage, as defined in Part 2, when proposed as a principal use of land shall be enclosed with a chain link fence not less than six feet in height. A soil erosion and sedimentation control plan and stormwater drainage plan shall be required for all areas of impervious surface to be provided for such storage. A complete listing of all types of machinery, material and items to be stored therein shall be attached to the required zoning application. No hazardous substances, as so defined in Part 2 of this Chapter, shall be permitted upon the site.

   23.   Place of worship. A parking area shall accommodate all parking spaces as required in Part 11 of this Chapter. Access driveways shall be not greater than 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines. Where the parking area abuts existing residences on the side or rear property line, a buffer area, consisting of shrubbery or evergreen trees, being not less than four feet in height at the time of planting, shall be provided.

   24.   Public uses.

   A.   Municipal, police and fire buildings. Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being six feet in height and a buffer area consisting of shrubbery or evergreen trees shall be provided.

   B.   Public and private schools. The size of a lot shall meet the minimum requirements as prescribed by the Pennsylvania Department of Education. Access to the site shall be from an arterial or collector street. Access driveways shall not exceed 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way. Loading and unloading areas, parking areas and circulation shall be provided in accordance with Part 11 of this Chapter.

   25.   Public utility buildings and structures. Public utility facilities as defined in Part 2, shall conform to the following regulations for properties containing such uses:

   A.   Access and parking shall be provided only for maintenance and servicing of such facilities.

   B.   A chain-link fence and locked gate not less than eight feet in height shall surround the building or structures of such facilities.

   C.   A buffer area not less than ten feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities.

   D.   Outside lighting shall be directed away from adjacent properties.

   E.   The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

   26.   Recreational facilities–(outdoors). All such facilities, whether public, private or commercial, shall conform to the following regulations:

   A.   No outdoor recreation activity shall be conducted closer than 50 feet to any property line.

   B.   A buffer area, at least ten feet in depth and planted with trees, shrubs or other landscaping, shall surround the property except for access drives.

   C.   Access drives shall be not greater than 25 feet in width; parking areas shall not be located within buffer areas.

   D.   Storm drainage from the site shall be channeled to natural drainage courses and away from adjoining properties.

   27.   Rooming house. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.

   28.   Sewage disposal and sewage treatment plants. The location and operation of a public or private sewage disposal and/or sewage treatment plant shall be in full compliance with the applicable regulations of the Pennsylvania Department of Environmental Protection. Written approval from DEP shall be secured prior to the installation of such facilities.

   29.   Single residential structures, containing multi-family dwelling units. Such structures shall contain a lot area of not less than 2,500 square feet for each dwelling. A minimum lot width of not less than 100 feet shall be required. Each side yard shall have a setback of not less than 15 feet.

   30.   Townhouses and garden apartments. Townhouses and/or garden apartments which are not being developed as part of a planned residential development, shall be subject to the following provisions and all applicable provisions of the Plains Township Subdivision and Land Development Ordinance [Chapter 22]:

   A.   Minimum lot width shall be 120 feet.

   B.   Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40 percent.

   C.   Minimum lot width per dwelling unit shall be 20 feet.

   D.   Minimum lot depth per dwelling unit shall be 100 feet.

   E.   Minimum lot area per dwelling unit shall be 2,000 square feet.

   F.   Minimum front yard setback shall be 30 feet.

   G.   Minimum side yard setbacks shall be 30 feet. Side yard setbacks shall be required only at the ends of rows of attached dwellings.

   H.   Minimum rear yard setback shall be 30 feet.

   I.   Minimum width of each dwelling unit shall be 20 feet.

   J.   Maximum building height shall be three stories or 35 feet.

   K.   Minimum distance between principal structures shall be 30 feet.

   L.   Minimum front yard setback for off-street parking areas shall be ten feet.

   M.   Minimum rear yard setbacks for off-street parking areas shall be 15 feet.

   N.   Two off-street parking spaces shall be provided for each dwelling unit.

   O.   Unattached accessory structures such as pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have five feet side and rear yard setbacks. Attached accessory structures shall have the same setbacks as required for principal structures.

   31.   Trucking facilities. The property shall not be less than two acres in area. Access drives shall be no more than 25 feet in width; parking and loading areas shall conform to the regulations within Part 11. No truck parking or terminal operation shall be allowed within 50 feet of any lot line. Outside lighting shall be directed away from adjacent properties.

   32.   Warehouse and distribution facilities. All materials shall be stored within a completely enclosed building and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed 25 feet in width; parking and loading areas shall conform with the regulations of Part 11 of this Chapter. No warehouse activities, including parking and/or loading areas, shall be allowed within 20 feet of any property line.

   33.   Warehouse (self-storage). These facilities may be a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers’ goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. No activities including off-street parking shall be allowed within 20 feet of a property line abutting a district having residences as a principal permitted use. All outside lighting shall be directed away from adjacent properties.

   34.   Wireless commercial communication site.

   A.   Structural integrity and safety.

   (1)   A commercial antenna support structure for a wireless commercial communication site shall be designed and constructed to meet or exceed all applicable standards of the American National Standards Institute, ANSI/EIA222-E Manual, as amended, and also to FAA standards for marking and lighting requirements of obstructions to air navigation as set forth within the most recent edition of Advisory Circular AC 70/7460-1H, including any amendments thereto.

   (2)   A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to document and verify the design specifications of the foundation for the commercial antenna support structure, and anchors for the guy wires, if used.

   (3)   The operational use of a commercial antenna, as defined within this Chapter, including those mounted upon a support structure or to an existing structure, shall comply with all applicable rules and regulations of the FCC and the FAA.

   (4)   The applicant or owner of a commercial antenna support structure shall provide a design certificate and an operational certificate, prepared by a professional engineer, which certifies compliance with the standards addressed in the above Subparagraphs (1), (2) and (3). The design certificate shall be submitted with the zoning application for the proposed commercial antenna support structure. The operational certificate, shall include “as-built” drawings and written certification from the applicant’s professional engineer that all applicable regulations have been met.

   B.   Height and setback requirements.

   (1)   A commercial antenna which mounted upon an existing structure, including an existing building, shall not exceed the height of the existing structure by more than eight feet.

   (2)   A commercial antenna support structure shall be set back from any property line to a distance that is not less than 100 percent of the height of the antenna support structure measured in linear feet.

   (3)   Any building utilized as a component of a commercial enterprise in the collection and/or transmission telecommunication signals, radio signals, television signals, wireless phone signals or similar signals shall be completely enclosed by a fence, eight feet in height, with such building meeting the setback requirements for the zoning district in which it is located.

   (4)   A commercial antenna support structure or an antenna mounted upon an existing structure, shall be removed by the owner of the same with six months of the discontinuance of its use. The owner shall provide Plains Township with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of the antenna support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.

   C.   Site plans.

   (1)   A site plan in conformance with the governing standards of the Luzerne County Subdivision and Land Development Ordinance [Chapter 22], as amended, shall also be required when the location of a freestanding a commercial antenna support structure represents a described parcel of land subject to a lease, within an existing deed of record.

   (2)   A new site plan shall not be required when a proposed antenna is to be located on an existing freestanding a commercial antenna support structure.

   D.   Supplemental standards and criteria.

   (1)   The applicant shall demonstrate that the proposed antenna support structure complies with all applicable state and federal standards.

   (2)   The applicant shall demonstrate that the proposed commercial antenna and its support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris.

   (3)   All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

   (4)   A commercial antenna support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted.

   (5)   The applicant shall provide information on a proposed design of a commercial antenna support structure which shall minimize the visual impact for those residents in an immediate area and for those in the larger community who view it from a distance.

   35.   Continuing care facility. The following requirements shall apply for the development of a continuing care facility:

   A.   The minimum lot size shall be not less than 15 acres.

   B.   The maximum number of dwelling units shall not exceed five units per acre with four intermediate or skilled nursing beds as the equivalent of one dwelling unit.

   C.   The minimum setback distance from a public street shall not be less than 75 feet and the minimum setback distance to any property line shall be not less than 100 feet.

   D.   The maximum lot coverage shall not exceed 40 percent of the lot area.

   E.   Not less than 20 percent of the total lot area shall be designated as common open space.

[Ord. 2003-4]

   36.   Forestry.

   A.   In order to preserve forests and the environmental and economic benefits that they provide, it is the policy of Plains Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, historical and amenity values. The timber harvesting regulations set forth in this Section are intended to further this policy by:

   (1)   Promoting good forest stewardship.

   (2)   Protecting the rights of adjoining property owners.

   (3)   Minimizing the potential for adverse environmental impacts.

   (4)   Preserving historical and environmental sensitive areas.

   (5)   Avoiding unreasonable and unnecessary restrictions of the right to practice forestry.

   B.   Forestry activities that include timbering operations that exceed five acres shall be conducted in accordance with the following requirements:

   (1)   A zoning permit application shall be submitted to the Plains Township Zoning Officer prior to harvesting or otherwise removing trees on any tract of land larger than five acres.

   (2)   Prior to the start of operations, a forestry management plan shall be prepared and filed with the submission of the zoning permit application. Said plan shall be prepared by a qualified forester or forest technician, with a four-year degree from and accredited college.

   (3)   The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

   (4)   Prior to the approval of the zoning permit application, an erosion and sediment control plan shall be submitted by the applicant to the Luzerne County Conservation District for its review, recommendation and approval.

   (5)   Clear cutting shall be prohibited except on tracts of less than five acres.

   (6)   When harvesting or otherwise removing on tracts larger than five acres, at least 30 percent of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30 percent of these residual trees shall be composed of highest value species as determined and documented by the forestry management plan.

   (7)   Clear cutting is prohibited on acres with slopes greater than 15 percent or within the 100-year floodway.

   C.   Any “forestry” operations that include any activities which encompass a land development shall be subject to securing land development approval in accordance with the governing provisions of the Plains Township Subdivision and Land Development Ordinance [Chapter 22].

[Ord. 2007-5A]

   37.   No-impact home-based business. A no-impact home-based business, as defined in Part 2 of this Chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:

   A.   The business activity shall be compatible with the residential use of the property and surrounding residential uses.

   B.   The business shall employ no employees other than the family members residing in the dwelling.

   C.   There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

   D.   There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.

   E.   The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

   F.   The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.

   G.   The business activity shall not occupy more than 25 percent of the habitable floor area.

   H.   The business shall not involve any illegal activity.

[Ord. 2007-5A]

   38.   Outdoor wood-fired boiler. An outdoor wood-fired boiler shall be deemed to be an accessory structure permitted in a C-1 Conservation District. Outdoor wood-fired boilers shall only be located within a rear yard of a property. An outdoor wood-fired boiler shall comply with the following standards

   A.   The property must have a lot area of not less than two acres.

   B.   A safe flue or chimney shall be provided which has a minimum termination height of 25 feet above the natural ground level upon which the outdoor wood-fired boiler is located and be provided with a spark arresting device designed and approved for that purpose.

   C.   A fan or blower attached to the appliance to increase the efficiency of the outdoor wood-fired boiler.

   D.   An outdoor wood-fired boiler shall be located not less than 200 feet from any property line and not less than 40 feet to any principal structure or building located upon the property.

   E.   The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA’s standards for Phase 1 air emission levels of 0.60 pounds of fine particulates per million BTU heat input and qualifies for the EPS’s voluntary program.

   F.   All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this Section shall apply unless the manufacturer’s instructions more restrictive, in which case the manufacturer’s instructions shall apply.

   G.   The owner of the outdoor wood-fired boiler shall produce the manufacturer’s instructions for all devices that do not conform to the requirements of this Section.

   H.   All outdoor wood-fired boilers may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through May 1; and, subject to meeting the requirements of this Section.

   I.   No homemade outdoor wood-fired boilers will be allowed.

   J.   Only natural clean wood may be burned in outdoor wood-fired boiler. Regardless of the manufacturer’s instructions an outdoor wood-fired boiler shall not be used to burn any of the following materials:

   (1)   Any material that does not meet the definition of clean wood.

   (2)   Furniture.

   (3)   Garbage.

   (4)   Tires.

   (5)   Lawn clippings or yard waste.

   (6)   Wet or soggy wood.

   (7)   Material containing plastic.

   (8)   Material containing rubber.

   (9)   Waste petroleum products.

   (10)   Paints and paint thinners.

   (11)   Chemicals.

   (12)   Any hazardous waste.

   (13)   Coal.

   (14)   Glossy colored paper.

   (15)   Construction and demolition debris.

   (16)   Plywood.

   (17)   Particleboard.

   (18)   Salt water driftwood.

   (19)   Manure.

   (20)   Animal carcasses.

   (21)   Asphalt products.

   K.   All storage of materials to be burned in the outdoor wood-fired boiler shall be neatly stacked and/or stored under cover and free from insects (termites, ants and the like) or any type of disease carrying rodents.

   L.   Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner’s trash.

[Ord. 2009-5B]

(Ord. 1998-1, 3/19/1998, § 802; as amended by Ord. 2003-4, 10/6/2003, § 6; by Ord. 2007-5A, 9/19/2007, §§ 34, 35 and 36; by Ord. 2009-5B, 5/14/2009, § 8; and by A.O.)