Pocono Township City Zoning Code
ARTICLE X
Resort Re-Use Overlay District
§ 470-133 Statement of purpose.
The purpose of the Resort Re-Use Overlay District is to permit the adaptive re-use of outdated and outmoded resort facilities within the Township in a manner that will prevent the further deterioration of existing buildings, structures and facilities, encourage low-impact uses which will provide needed services and will enhance the economic base of the Township.
§ 470-134 Eligibility.
The Resort Re-Use Overlay District shall encompass the entire Township, but shall only be applicable to properties which:
§ 470-135 Permitted uses.
The following uses shall be permitted by conditional use in the Resort Re-Use Overlay District, subject to § 470-38 of this chapter:
§ 470-136 Required licensure; compliance with laws.
Any treatment center or life-care facility permitted in the Resort Re-Use Overlay District shall:
A.
Hold and maintain all relevant licenses and certificates required by the Commonwealth of Pennsylvania in order to operate the facility.
B.
Hold a certificate of occupancy from the Department of Labor and Industry or its local equivalent.
C.
Comply with applicable federal, state and local laws and ordinances.
§ 470-137 Conditional use review procedures.
All proposed uses within the Resort Re-Use Overlay District shall be subject to and governed by the review procedures for conditional uses set forth in § 470-38 of this chapter.
§ 470-138 Site development.
A.
General requirements. The applicant for a use within the Resort Re-Use Overlay District shall designate the portion of the former vacation resort or lodge property on which the treatment center or life-care facility is proposed to be located and shall provide a metes and bounds description thereof (the "resort re-use development site"). The applicant shall further identify all existing buildings located on the resort re-use development site and designate which buildings shall remain and which buildings are intended to be removed. All uses shall be planned and designed to minimize and reduce light, noise and air emissions onto adjacent properties.
B.
Compliance with Building Code. All uses shall comply with the minimum Building Code requirements as specified by the Township and by the Pennsylvania Department of Labor and Industry. Prior to the issuance of a use and occupancy permit for the proposed use, the applicant shall provide evidence to the Township that all plans and permits have been approved by all pertinent local, state and federal agencies.
C.
Minimum area requirements. All resort re-use development sites shall contain no less than 50 acres that shall be on parcels that are adjacent or contiguous.
D.
Maximum coverage. In no case shall more than 45% of a resort re-use development site be covered with buildings or other impervious surfaces.
E.
Minimum open space. Fifty percent of the total resort re-use development site shall be allocated to and remain open space. The designated open space shall be deed restricted to prohibit future subdivision or development except for recreational uses that may be permitted with the approval of the Board of Commissioners.
F.
Lot, yard, setback and height requirements. All new structures that may be constructed in the Resort Re-Use Overlay District shall conform with the lot, yard, setback and height requirements of the base zoning district in which it is located. Where an existing structure is considered nonconforming based upon its lot area, height, proximity to property lines or building coverage, the existing structure may remain subject to the provisions of § 470-33 of this chapter governing nonconforming structures and dimensions.
G.
Additional buffer requirement. A buffer of 100 feet from the property line shall be provided around the perimeter of the resort re-use development site. No new buildings shall be constructed within the one-hundred-foot buffer. Existing buildings located within the one-hundred-foot buffer may remain and may be renovated and/or rebuilt within the existing footprint. To the extent an existing building on the resort re-use development site is within 50 feet of a residence on an adjoining property, landscaping enhancements or screening shall be installed, where feasible and appropriate, to reduce the impacts of the facility on adjoining properties. In addition to the landscaping plan required by § 470-38 of this chapter, the applicant for a use within the Resort Re-Use Overlay District shall also submit a proposed landscaping buffering plan with the conditional use application. The landscaping buffering plan shall be reviewed by the Board of Commissioners and where such screening does not effectively buffer the treatment center or life-care facility use from an adjoining residential use, the Board of Commissioners may require additional screening to comply with the objectives of this chapter. All shrubs, hedges, trees and fences shall be maintained in good condition by the owner of the treatment center or life-care facility.
H.
Building exteriors and grounds. The building exteriors and grounds shall be maintained in a neat and attractive manner, consistent with the neighborhood in which the facility is located. The facility shall:
(1)
Maintain all structures on the grounds of the facility so as to be free from any danger to health and safety.
(2)
Keep the grounds of the facility clean, safe, sanitary and in good repair at all times for the safety and well-being of residents, employees and visitors.
(3)
Store all trash in covered containers that prevent the penetration of insects and rodents and have the trash removed at least once each week.
I.
Aesthetics of structure exteriors. The exteriors of all structures on the property shall be aesthetically pleasing and compatible with the structures on the resort re-use development site. The property owner shall maintain all structure exteriors in a neat and attractive manner. Where the property is to contain multiple buildings, the architectural appearance of all buildings shall be compatible or harmonious.
§ 470-139 Site security.
The treatment center or life-care facility shall comply with all security regulations promulgated by the Commonwealth of Pennsylvania with respect to the operation of a licensed facility. The treatment center or life-care facility shall provide twenty-four-hour-per-day, 365 days per year on-site supervision by professionals trained to supervise the types of clientele to be served by the facility. The facility shall also provide state of the art electronic surveillance or other comparable system that enables the facility to monitor the location of its clients or patients.
§ 470-140 Signs.
All proposed signs shall conform to the requirements of Article VII of this chapter.
§ 470-141 Maximum number of clients/patients; age range of patients.
The number of clients/patients shall not exceed the number of clients/patients for which the facility has been licensed and permitted by the Commonwealth of Pennsylvania. The facility shall only accept patients being of an age for which the facility has been licensed and permitted by the Commonwealth of Pennsylvania.
§ 470-142 Staffing requirements.
The facility shall comply with all relevant staffing requirements established by the Commonwealth of Pennsylvania for the operation of a treatment center or life-care facility, including the provisions of Chapter 704 of Title 28 of the Pennsylvania Code setting forth staffing requirements for drug and alcohol treatment activities, 28 Pa. Code §§ 704.1 to 704.12; Chapter 211 of Title 28 of the Pennsylvania Code setting forth program standards for long-term care nursing facilities, 28 Pa. Code §§ 211.1 to 211.22; and Chapter 11 of Title 6 of the Pennsylvania Code setting forth staffing requirements for older adult daily living centers, 6 Pa. Code §§ 11.31 to 11.39.
§ 470-143 Physical plant requirements; living accommodations.
The facility shall comply with all relevant physical plant standards for residential facilities required by the Commonwealth of Pennsylvania for the operation of a treatment center or life-care facility, including the provisions of Chapter 705, Subchapter A, of Title 28 of the Pennsylvania Code setting forth physical plant standards for residential drug and alcohol treatment facilities, 28 Pa. Code §§ 705.1 to 705.11; Chapter 205 of Title 28 of the Pennsylvania Code setting forth physical plant and equipment standards for long-term care nursing facilities, 28 Pa. Code §§ 205.1 to 205.91; and Chapter 11 of Title 6 of the Pennsylvania Code setting forth physical site standards for older adult daily living centers, 6 Pa. Code §§ 11.51 to 11.72. The foregoing regulations include relevant requirements for the size of bedrooms, the maximum number of residents that may share a bedroom, required common areas, bathroom provisions, food service, heating and cooling, general safety and emergency procedures, and fire safety with which the facility must comply.
§ 470-144 Hours of operation; visitation.
A residential treatment center or life-care facility will operate and be staffed 24 hours per day. Each facility shall establish a policy designating reasonable visiting hours for persons who wish to visit the clients or patients. The visiting hours shall not begin earlier than 8:00 a.m. and will end not later than 9:00 p.m. Visitors to patients at a treatment center shall be limited to immediate family members.
§ 470-145 Nature of programs and services provided.
In connection with its conditional use application, the applicant shall provide information describing the nature of the residents to be served and the type of treatment/care and counseling to be provided. All treatment and counseling programs shall comply with the requirements of federal and Pennsylvania law regulating licensed facilities.
§ 470-146 Emergency response coordination.
The facility shall consult with the relevant local emergency responders, including fire, police and ambulance services, to coordinate and adopt an emergency response plan and protocol. The facility shall also have written procedures for staff and residents to follow in case of an emergency that shall include provisions for the evacuation of residents and staff to a safe location and the assignment of staff during emergencies.