Pocono Township City Zoning Code
ARTICLE V
Supplementary Regulations
§ 470-23 Exceptions to minimum requirements.
The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:
§ 470-24 Nonconforming lots of record.
A.
Single lots. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot that is duly recorded at the effective date of adoption or amendment of this chapter, provided there is compliance with all water and sewage requirements and other limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width or both, shall conform to the regulations for the district in which such lot is located.
B.
Developments and subdivisions. Existing developments and/or subdivisions with lots failing to meet the requirements for area or width or both, that are generally applicable to the district in which they are located, are permitted, if at the effective date of adoption of this chapter there is a record plan approved and recorded as by law provided. Any buildings erected on approved lots shall conform to the remaining provisions of this chapter.
C.
Existing single or subdivision lots containing 3/4 acre or less in R-1, R-2 and RD Zones. Notwithstanding the provisions of Subsection B hereinabove, for any existing development and/or subdivision with lots containing 3/4 acre or less, the setbacks applicable thereto shall be as follows:
D.
Merger of nonconforming lots. If a lot owner owns two or more contiguous nonconforming lots and wishes to construct an improvement encompassing more than one of the nonconforming lots, the nonconforming lots must be merged by recorded deed, a copy of which must be supplied to the Township.
§ 470-25 Visibility at intersections in all districts.
On a corner lot in all districts, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
§ 470-26 Exceptions to height regulations.
A.
The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators or chimneys usually required to be placed above the roof level and not intended for human occupancy.
B.
Permitted industrial, general commercial and manufacturing uses, both principal and accessory, may exceed the maximum building height limitations of this chapter, provided that:
(1)
The subject property is located along a railroad and will utilize an existing or proposed railroad siding as part of the subject use;
(2)
The maximum structure height, including both principal and accessory structures, shall not exceed 160 feet;
(3)
The portion of the structure that exceeds the maximum building height requirements of the district which would otherwise be applicable but for this section shall be designed to house railroad loading, unloading, receiving, shipping and storage facilities, processes that require unusual heights, including but not limited to grain storage elevators, product load out and distribution towers and grain processing and milling facilities, as well as processes that require unusual heights to accommodate craneways and special machinery and equipment; and
(4)
The portion of the principal structure that exceeds the height requirements of the district which would otherwise be applicable but for this section shall be of Type 1B construction as defined by the BOCA Basic Building Code or Type IF.R. as defined by the ICBO Uniform Building Code and shall be served with an approved sprinkler system as may be required.
D.
Hotels/motels. The maximum height of hotels/motels may be increased up to 96 feet, provided the side and rear setbacks for the building are not less than 50% of the height of the building or the setback required for the district, whichever is greater.
[Added 8-5-2013 by Ord. No. 2013-07]
§ 470-27 Structures to have access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with legal access to a private street.
§ 470-28 Corner lot restriction.
On every corner lot there shall be provided on the side street a side yard equal in depth to the required front yard depth on said street by the prevailing zoning district.
§ 470-29 Dimensions for lots without public water or sewers.
Where a lot is not served by a public water supply and/or sanitary sewerage system and the Township subdivision regulations[1] or other state or local ordinance in force require a higher standard for lot area or lot width than this chapter, the more restrictive regulations of such other ordinance or regulation shall apply.
§ 470-30 Projections into yards.
The following projections shall be permitted into required yards:
§ 470-31 Accessory uses or structures.
A.
All accessory buildings shall be required to adhere to the minimum yard dimensions established for the district in which the building is located.
B.
Every pool must have means of providing a safe, secure, nonentry means of safeguard usually comprised of locked gates and fencing. All pools shall be entirely enclosed with a permanent, continuous fence not less than four feet in height unless the pool is an aboveground pool, all sides of which are at least four feet above the lowest ground level. All pools shall be required to adhere to the minimum yard dimensions established for the district in which the pool is located.
C.
Private tennis courts must adhere to the minimum yard dimensions established for the district in which the courts are located.
§ 470-32 Nonconforming uses.
A.
A nonconforming use is any use, whether of a building or lot or both, legally existing on the effective date of this chapter, or any amendments hereinafter enacted, which does not conform to the use regulations of the district in which it is located.
B.
The following provisions shall apply to all uses legally existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all legally existing uses that become nonconforming by reason of any subsequent amendment to this chapter.
C.
Any nonconforming use may be continued indefinitely, provided that any such use:
(1)
Shall not be enlarged, altered, extended, reestablished, restored, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, without a special exception from the Zoning Hearing Board.
(a)
Any modification of the nonconforming use shall take place only on the same lot as that existing at the time the use became nonconforming.
(b)
Any modification of the nonconforming use shall conform with the area, building height, parking, sign and other requirements of the district in which said modification is located.
(c)
The proposed alteration shall not exceed 50% of the floor area and/or ground area devoted to the nonconforming use at the time of the enactment of this chapter.
(d)
The proposed alteration will not cause an increased detrimental effect on the surrounding neighborhood.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval by the Zoning Hearing Board and then only to a use which, in the opinion of the Zoning Hearing Board, is of the same or of a more restricted nature.
(4)
Shall not be reestablished if such use has been abandoned for any reason. A nonconforming use shall be deemed as abandoned when there occurs a cessation or discontinuance of any such use or activity by an apparent act or failure to act on the part of the tenant or owner and a failure to reinstate such use within a period of one year from the date of cessation or discontinuance. Vacation of land or structures or the nonoperative status of the use normally carried on shall be evidence of discontinuance. No abandoned use may be reestablished.
(5)
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
(6)
A building or structure with respect to which a nonconforming use is being made or conducted shall not be restored for other than a conforming use after damage from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building or structure is not completed within the said one-year period, the nonconforming use of such building or structure shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building or structure.
§ 470-33 Nonconforming structures and dimensions.
A.
A nonconforming structure, legally existing on the effective date of this chapter, or any amendments hereinafter enacted, is any structure that does not conform to the District regulations for: maximum height, building or impervious coverage, minimum livable floor area per dwelling unit, or maximum size.
B.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, moving, reconstruction, or enlargement of a nonconforming structure provided that such action does not increase the degree of or create any new nonconformity with regards to the regulations pertaining to such structures or dimensions applicable to the same on the lot on which they are located.
C.
A nonconforming structure that has been destroyed by reason of fire, explosion, windstorm, or other active causes deemed to be no fault of the owner may be reconstructed provided that the reconstructed structure does not exceed the height, area or volume of the destroyed structure. An application for a zoning permit must be submitted within one year from the date of destruction or the nonconforming structure shall not be restored except in conformity with this chapter.
D.
The Board of Commissioners may require the removal of any abandoned nonconforming use or structure upon written notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Board of Commissioners shall have the authority to itself cause the removal to be accomplished, the costs of such removal to be paid by the property owner.
E.
Nonconforming dimensions shall not be enlarged or extended so as to increase the degree of, or create any new, nonconformity.
§ 470-34 Parking and truck loading requirements.
A.
Minimum parking requirements. Any building or other structure erected, enlarged, altered or used and any lot used or occupied for any of the following purposes shall be provided with the minimum off-street parking spaces as set forth herewith.
[Amended 8-5-2013 by Ord. No. 2013-07; 2-6-2023 by Ord. No. 2023-01]
Purpose | Number of Spaces | ||
|---|---|---|---|
Residential | |||
Single-family detached | 2 for each dwelling unit | ||
Two-family and multifamily | 2.25 for each dwelling unit | ||
Rooming homes | 2, plus 1 for each guest room | ||
Group residences | 1 for each occupant, plus 1 for each 500 square feet of habitable floor space | ||
Mobile home parks | 2.25 for each rental space | ||
Home occupations | 2 for each dwelling unit, plus 1 for each nonresident employee, plus 2 customer spaces for those home occupations involving customer visits | ||
Commercial and Services | |||
Banks and credit unions | 1 for each 100 square feet of customer area, plus 1 for each employee | ||
Beauty shops/parlors and barbershops | 3 for each chair to be utilized in the business, plus 1 for each employee on the peak shift | ||
Bed-and-breakfast establishments and boardinghouses | 1 for each room available for rent, in addition to the required spaces for the existing dwelling | ||
Flea markets | 3 for each vendor, plus 1 for each employee (A vendor is considered an employee.) | ||
Funeral homes | 1 for the greater of each 4 patron seats or 50 square feet of gross floor area, plus 1 for each nonresident employee | ||
Furniture or appliance sales | 1 for each 300 square feet of gross floor area, plus 1 for each employee on the peak shift | ||
Medical/dental offices and clinics | 4 for each practitioner, plus 1 for each employee on the peak shift (Each practitioner is considered an employee.) | ||
Motels and hotels (restaurants and other accessory uses viewed separately) | 1 for each rental unit, plus 1 for each employee on the peak shift | ||
Professional offices other than medical/dental offices and clinics | 1 for each 200 square feet of total floor area | ||
Restaurants and taverns | 1 for each 2 customer seats, plus 1 for each employee on the peak shift | ||
Retail stores and personal services business not otherwise provided for | 1 for each 150 square of gross floor area, plus 1 for each employee on the peak shift | ||
Self-serve laundromats | 1 for each 1.5 washing machines plus 1 for each employee on the peak shift | ||
Vehicle servicing and repair (including body shops) | 3 for each bay, plus 1 for each employee on the peak shift | ||
Wholesale store | 1 for each 200 square feet of office and customer area, plus 1 for each employee on the peak shift | ||
Government, Institutional and Educational | |||
Churches or other places of worship | 1 for each 4 seats, plus 1 for each 100 square feet of gross floor area, plus 1 for each employee | ||
Conservation (offices and educational) | 1 for each 100 square feet of gross floor area, plus 1 for each employee | ||
Day-care homes or nursery schools | 1 for each 8 students, 1 for each office and 1 for each employee | ||
Educational institutions (kindergarten through high school) | 1 for each employee, plus 1 for each 8 students 16 years of age or older | ||
Educational institutions (colleges, universities, technical schools and trade schools) | 1 for each employee, plus 1 for every 4 seats provided | ||
Fraternal or civic meeting halls | 1 for each 100 square feet of gross floor area, plus 1 for each employee | ||
Hospitals | 1 for each 2 beds, plus 1 for each employee and visiting doctor on the peak shift | ||
Life-care facilities | 1 visitor parking space for each 3 beds for patients, plus 1 for each employee on largest shift; in addition, at least 1 parking space for each 2 beds or 1 apartment unit in congregate residences shall be provided | ||
Nursing or convalescent homes | 1 for each 3 beds, plus 1 for each employee and visiting doctor on the peak shift | ||
Industrial and Manufacturing | |||
Manufacturing and industrial | 1 for each employee on the peak shift, plus 1 for each company based vehicle | ||
Warehouses, distribution centers, fulfillment centers, truck terminals, and similar uses | 1.1 per employee on the largest shift, plus one tractor-trailer space located at each loading dock/bay, plus additional stacking/storage spaces (minimum 14 feet by ‘74’) for tractor-trailers in an amount greater or equal to 10% of the number of loading docks/bays (with a minimum of 10 spaces) for the stacking/storage of tractor-trailers, all directly accessible by adequate aisles or drives. The parking and stacking design shall provide adequate area/spaces for the parking and stacking of tractor-trailers that are awaiting entry to the loading/unloading area to prevent the backup of tractor-trailer and/or other vehicles onto a public street | ||
Recreational | |||
Amusement arcades | 1 for each employee plus 1 for each 80 square feet of gross floor area | ||
Bowling alleys (restaurants and other accessory uses shall be viewed separately) | 4 for each lane, plus 1 for each employee | ||
Commercial swimming pools | 4 for each 100 square feet of swimming area, plus 1 for each employee | ||
Driving ranges | 1 per golf tee, plus 1 for each employee | ||
Gaming and off-track betting establishments | 1 for each 10 square feet of floor area open to public access or use, including related dining, restaurant, bar and snack bar areas, plus 1 for each employee on the largest shift | ||
Golf courses | 6 for each golf tee, plus 1 for each employee | ||
Horse-riding school or horse-boarding stable | 1 for each 2 horses, plus 1 for each employee | ||
Miniature golf | 2 per golf hole, plus 1 for each employee | ||
Private clubs | 1 for each 2 customer seats, plus 1 for each employee on the peak shift | ||
Theaters, auditoriums, libraries, skating rinks, stadiums | 1 for each 3 seats (bench capacity computed at 20 inches = 1 seat), plus 1 for each employee | ||
B.
Handicapped parking. Handicapped accessible parking shall be provided in accordance with the Americans with Disabilities Act, as it may be amended from time to time.
C.
Surface.
(1)
All parking areas and all access drives for commercial or industrial uses shall have an all-weather surface constructed as specified in Chapter 390, Subdivision and Land Development.
(2)
Should pavement work be desired, it shall conform to the latest edition of the Pennsylvania Department of Transportation, Form 408, Specifications, and as per Chapter 390, Subdivision and Land Development.
(3)
Parking uses requiring a greater pavement capacity shall be constructed as specified in Chapter 390, Subdivision and Land Development.
NOTE: All specifications for proposed road uses shall be subject to approval by the Township Engineer at the developer's expense in accordance with Chapter 390, Subdivision and Land Development.
D.
Off-street truck loading.
(1)
Required loading spaces. Every building or structure, lot or land hereafter put to a commercial or industrial use or an existing building or structure enlarged shall provide one off-street truck loading and unloading space for the first 5,000 square feet or less of gross floor area, plus a minimum of one additional off-street truck loading area for each additional 10,000 square feet of gross floor area.
(2)
Size of truck loading spaces. An off-street truck loading space shall be a minimum of 12 feet in width and a minimum of 35 feet in length.
§ 470-35 Storage of explosives.
The manufacture, sale or storage of explosives shall only be permitted in the Industrial District provided it is in compliance with all state and federal standards. This shall not prohibit the storage of gunpowder and primers to be used for reloading of ammunition for personal use.
§ 470-36 Roadway classifications.
For the purposes of this chapter, the Township's roads shall be classified according to the Official Roadway Classification List available at the Township Building.
§ 470-37 Special exceptions.
A.
Approval procedure.
(1)
The granting of a special exception shall be subject to the following conditions and guiding principles:
(a)
Such use shall be one which is specifically authorized as a special exception use in said district.
(b)
Such use shall only be authorized subject to any applicable conditions and safeguards as required by this chapter.
(c)
Such use may be authorized subject to additional reasonable conditions and safeguards as may be deemed necessary by the Board to implement the purpose of this chapter.
(d)
Such use shall be found by the Board to be in harmony with the general purposes and intent of this chapter.
(e)
Such use shall not adversely affect the character of the district, nor the conservation of property values nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(f)
Such use shall be of appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(g)
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this chapter.
(h)
The proposed use does not substantially impair the integrity of the Township's Comprehensive Plan.
(i)
All required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
(j)
The off-street parking and truck loading provisions are in conformance with those specified in § 470-34 of this chapter.
(k)
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement of traffic. All traffic studies and analyses shall be in accordance with current Institute of Transportation Engineers (ITE) guidelines.
(l)
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted and is not out of character with the normal traffic using said public road.
(m)
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
(n)
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
(o)
Facilities are available to adequately service the proposed use (e.g., fire, police, and ambulance protection, sewer, water, and other utilities, etc.).
(p)
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
(q)
The use of the site complies with the requirements of all other public agencies having jurisdiction over the proposed use.
(r)
Operations in connection with a special exception use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.
(2)
All applications for special exceptions and any exhibits that are submitted with the application shall be submitted to the Planning Commission for its review and recommendations.
(3)
In addition to any plan informational requirements for a specific land use identified in this chapter, the special exception application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter and shall include the following:
(a)
The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information.
(b)
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
(c)
Ground floor plans and building elevations of proposed structures.
(d)
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 470-38 Conditional uses.
A.
Uses listed as conditional uses in each zoning district and on the Use Schedule[1] shall require individual consideration in each case because of their unique characteristics. Such conditional uses shall be referred to the Planning Commission by the Township Commissioners for review and recommendation and may be permitted only after a hearing and determination by the Commissioners that such uses meet the standards in this chapter.
[1]
Editor's Note: The Use Schedule is attached to this chapter.
B.
Applicants for conditional uses shall submit plot plans in sufficient detail to provide the Commissioners and the Planning Commission with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter and shall include the following:
(1)
The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information.
(2)
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
(3)
Ground floor plans and building elevations of proposed structures.
(4)
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
C.
Such conditional uses which are authorized by the Commissioners may be subject to any additional conditions and safeguards established by the Commissioners in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes of this chapter.
(1)
The granting of a conditional use shall be subject to the following conditions and guiding principles:
(a)
A conditional use shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable to the district where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening to protect adjoining areas; shall provide off-street parking and loading in keeping with § 470-34 of this chapter so as to minimize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience.
(b)
Such use shall be one that is specifically authorized as a conditional use in said district.
(c)
Such use shall only be authorized subject to any applicable conditions and safeguards as required by this chapter.
(d)
Such use may be allowed subject to such reasonable conditions and safeguards (other than those related to off-site transportation or off-site road improvements) in addition to those expressed in this chapter, as may be deemed necessary by the Board of Commissioners to implement the purposes of this chapter and the MPC.
(e)
Such use shall be found by the Board of Commissioners to be in harmony with the general purposes and intent of this chapter.
(f)
Such use shall not adversely affect the character of the district, nor the conservation of property values nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(g)
Such use shall be of appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(h)
Such use shall not conflict with the direction of building development in accordance with any Comprehensive Plan or portion thereof which has been adopted by the Township.
(i)
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this chapter.
(j)
The proposed use does not substantially impair the integrity of the Township's Comprehensive Plan.
(k)
All required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
(l)
The off-street parking and truck loading provisions are in conformance with those specified in § 470-34 of this chapter.
(m)
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement traffic. All traffic studies and analyses shall be in accordance with current Institute of Transportation Engineers (ITE) guidelines.
(n)
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted and is not out of character with the normal traffic using said public road.
(o)
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
(p)
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
(q)
Facilities are available to adequately service the proposed use (e.g., fire, police, and ambulance protection, sewer, water, and other utilities, etc.).
(r)
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
(s)
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
(t)
Operations in connection with a conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.
D.
Hearing procedures. The Board of Commissioners shall conduct hearings in accordance with the requirements of the MPC.
§ 470-39 Criteria for specific land uses.
The following land use criteria, which shall be addressed by the applicant and reviewed by the Zoning Officer when permitted by right, or by the Zoning Hearing Board when permitted by special exception, or by the Board of Commissioners when permitted by conditional use (in addition to those items required by §§ 470-37 and 470-38). Where the regulations contained within the following land use criteria differ from those regulations contained within the district regulations in Article IV, the regulations contained herein shall apply.
§ 470-40 Adult uses.
This is limited to the following: adult bookstore, adult theater, massage parlor or adult live entertainment facility.
A.
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:
(1)
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to. increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable disease, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
(2)
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free speech" protections of the United States Constitution, but instead to control secondary effects.
B.
No adult use nor its parking area shall be located within:
C.
No adult use shall be located within 1,000 lineal feet of any existing "adult use."
D.
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines, with plantings of an initial minimum height of five feet that create a visual barrier from the adjoining properties.
E.
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
F.
No adult use shall be used for any purpose that violates any federal, state or municipal law.
G.
The adult use shall not include the sale or display of "obscene" materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.
H.
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
I.
No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of three feet from customers.
J.
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment facility."
K.
Any application for such use shall state the names and home addresses of a) all individuals intended to have more than a five-percent ownership in such use or in a corporation or other entity owning such use; and b) an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
L.
The use shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
M.
As a specific condition of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended (if applicable): the Pennsylvania Liquor Code, Act 219 of 1990;[1] Act 207 of 1990 (which pertains to obscenity);[2] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).[3]
§ 470-41 Agricultural operations (farms).
A.
It is the intent of these requirements that new or existing farms be regulated for the purpose of protecting the public health, safety and welfare. The following restrictions shall apply on all lots of 10 or more acres in the R-1, R-2, RD, C Districts.
(1)
No structure other than a dwelling or residential accessory use shall be constructed closer than 50 feet to any property line.
(2)
Except as provided for below, no new building in which livestock are housed shall be located closer than 200 feet to any adjoining lot line, except that the distance shall be 400 feet from any adjoining residence or commercial building in which people are employed or work and all building exhaust fans shall be directed away from the closest residences or said commercial buildings. The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[1]
[1]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
(3)
The spreading of manure is permitted, provided that when such procedure is employed within 200 feet of a property line of any adjoining residence or commercial building in which people are employed or work, the manure shall be incorporated with the soil within 48 hours of spreading, weather permitting, and within a reasonable time after spreading in all other areas.
(4)
All grazing or pasture areas utilized for this purpose shall be fenced.
(5)
No manure storage shall be established closer than 100 feet to any property line.
(6)
Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner to comply with the Clean Streams Law and the practices prescribed by the Manure Management Manual.
§ 470-42 Amusement arcades.
A.
The subject tract shall front on and gain access from an arterial, connector, or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
All activities shall be located within wholly enclosed buildings.
C.
The applicant shall produce evidence that the proposed land use will not create a nuisance due to noise or loitering on the premises.
D.
The site shall be kept free of litter at all times in accordance with a plan for the cleanup of litter to be provided by the applicant.
§ 470-43 Animal hospitals and veterinary clinics.
A.
The subject tract shall front on and gain access from either an arterial, connector or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
Boarding areas shall be within wholly enclosed buildings, and any outdoor animal pens, stalls, or runways also shall comply in all respects with the yard requirements of this chapter for the principal building, except that they shall be located no closer to the front lot line than the rear wall of the principal building, and they may be located in the rear yard if located at least 10 feet from any lot line.
C.
All pasture and outdoor recreation areas shall be fenced to prevent the escape of animals, with such fencing having a setback of at least 25 feet from all property lines.
D.
Suitable control shall be exercised over the animals so that a nuisance condition is not created in terms of excessive noise, dirt, or odor.
§ 470-44 Antennas and communication equipment buildings.
A.
Building-mounted antennas shall not be located on any single-family dwelling or two-family dwelling.
B.
Building-mounted antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
C.
Omni-directional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing an antenna to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing an antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the structure for review by the Township Engineer.
G.
Any applicant proposing an antenna to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
H.
Antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Antennas shall not cause radio frequency interference with other communications facilities located in Pocono Township.
J.
A communications equipment building shall comply with the height and setback requirements of the applicable zoning district for an accessory structure. Said equipment building shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects the architectural character of the neighborhood.
K.
The owner or operator of an antenna shall be licensed by the Federal Communications Commission to operate such antenna.
§ 470-45 Attached and semidetached buildings in Industrial or Commercial Districts.
The Zoning Hearing Board may allow the elimination of adjacent side or rear yards on two or more adjacent lots, provided the following conditions and standards are adhered to:
§ 470-46 Bed-and-breakfast establishments.
A.
No external modifications that would alter the residential character of the dwelling, with the exception of fire escapes, are permitted.
B.
All floors above the ground level shall have an emergency escape access to ground level.
C.
Breakfast, if offered, shall be available only for registered overnight guests.
D.
The structure shall contain a minimum of 2,000 square feet of gross floor area.
E.
There shall be no more than one bed-and-breakfast unit per 400 square feet of gross floor area in the principal structure.
F.
All bed-and-breakfast units shall be contained within the principal structure.
G.
The applicant shall furnish proof of approval from the Pennsylvania Department of Labor and Industry.
§ 470-47 Boardinghouses.
A.
The subject tract shall front on and gain access from either an arterial or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
B.
The minimum lot area shall be two acres in all districts.
C.
The applicant shall furnish evidence that systems for sanitary sewage disposal and water supply have been approved by the appropriate agencies.
D.
No external modifications that would alter the residential character of the dwelling, with the exception of fire escapes, are permitted.
E.
All floors above the ground level shall have a direct means of emergency escape to ground level.
F.
All parking areas shall be at least 10 feet from all property lines.
G.
Meals shall be offered only to registered tenants.
§ 470-48 Campgrounds.
A.
The minimum lot area for a campground shall be 20 acres.
B.
No individual campsite may be located closer than 100 feet to any exterior property line of the campground. The land between the campsites and exterior property line of the campground shall have sufficient existing or planted trees and/or shrubbery to screen the campground from the adjacent lands and to serve as a buffer.
C.
The maximum number of campsites within each campground shall not exceed 10 per acre.
D.
All campsites designed for recreational vehicles shall have off-street parking spaces for the recreational vehicle and for one passenger vehicle. The parking spaces shall be level in a longitudinal direction and shall be uniformly crowned in a transverse direction and shall be well drained. The parking spaces need not be paved, but shall have a minimum depth of six inches of compacted crushed stone, bank run gravel or shale.
E.
All campsites designed for tenting may be provided with on-site parking spaces in accordance with Article VIII of Chapter 390, Subdivision and Land Development, or may have a common parking area not over 300 feet from the most distant campsite. Common parking areas shall provide at least 1.5 spaces per campsite. The minimum area of each parking space shall be at least 200 square feet, exclusive of any aisle.[1]
F.
Streets within the campground shall conform to the following:
(1)
All campground streets shall conform to the requirements for private access streets as set forth in Chapter 390, Subdivision and Land Development, including double surface treatment.
(2)
One-way streets shall have a minimum right-of-way width of 20 feet and shall be improved with a travel way not less than 15 feet in width.
(3)
Two-way streets shall have a minimum right-of-way width of 30 feet and shall be improved with a travel way not less than 20 feet in width.
(4)
The minimum center-line radius of any interior campground street shall not be less than 50 feet.
(5)
The maximum grade of any campground street shall not exceed 12%.
(6)
Drainage facilities shall be designed and constructed in accordance with the requirements of Chapter 365, Stormwater Management, of the Code of the Township of Pocono.
(7)
No campground street may be offered for dedication to Pocono Township. Construction and maintenance of campground streets shall be the sole responsibility of the developer or operator of the campground.
G.
All playground and recreation areas shall be at least 100 feet from adjoining residential properties with the usage of these areas being limited to registered campers and their guests.
H.
All campgrounds shall furnish centralized sanitary and garbage collection systems that shall be located at least 100 feet from adjoining residential properties and be appropriately screened. Campsites that are provided with a connection to a centralized sewage system shall be located within 750 feet of the sanitary facilities serviced by the same. There shall be at least one showerhead for each sex for each 20 campsites.
I.
Any accessory commercial and/or service facilities shall be located at least 100 feet from adjoining residential properties and shall be limited to serve only the needs of the registered campers and their guests. Direct access to these facilities from the public street is prohibited. Appropriate screening shall be provided for these facilities when they adjoin adjacent residential properties.
K.
Active or passive recreation areas shall comprise at least 20% of the gross area of the campground.
L.
All sanitary sewer and water supply facilities shall be subject to the approval of the appropriate authorities.
M.
All exterior lighting shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.
N.
General standards and requirements.
(1)
All campgrounds shall be located on well-drained land; the average natural slope of the area to be improved for campsites shall not exceed 10%.
(2)
The location and layout of the proposed campground shall be consistent with the Township Comprehensive Plan.
(3)
No permanent campground structures or buildings or sewage collection or disposal facilities shall be located within any defined one-hundred-year floodplain area.
(4)
The proposed campground shall gain access from an arterial, connector or collector street, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements. Any public street which provides direct access to the proposed campground shall be free of traffic hazards and shall meet the geometric, grade and sight requirements for arterial, connector or collector streets as set forth in Chapter 390, Subdivision and Land Development.
(5)
The area improved for camping sites shall not exceed 50% of the total gross area of the tract being developed as a campground.
(6)
No camping site may be occupied on a permanent basis.
O.
Each camping site shall have a minimum area of 2,500 square feet exclusive of street rights-of-way and walkways.
P.
Electric service shall be provided to at least 75% of the campsites. Such electric service shall be installed underground.
§ 470-49 Cemeteries.
A.
A minimum lot area of one acre shall be provided for a cemetery.
B.
All burial plots and facilities shall be in accordance with the appropriate setbacks of the governing zoning district.
C.
In no case shall any use relating to a cemetery be located within the one-hundred-year floodplain of an adjacent watercourse.
§ 470-50 Churches and related uses.
A.
Churches and related uses standards.
(1)
The subject tract shall front on and gain access from either an arterial, collector road, or a street that conforms to the prevailing arterial or collector street design and improvement requirements.
(2)
The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.
(3)
The impervious coverage, yard area, and building height requirements of the applicable zoning district shall be maintained.
(4)
Church-related residences shall be accessory to, and located upon the same parcel as, the church and subject to all of the underlying zoning district's standards.
B.
Church-related educational or day-care standards.
(1)
All church-related educational or day-care facilities shall be accessory to, and located upon, the same parcel as a house of worship.
(2)
If the church-related educational or day-care facility is offered below the college level, an outdoor play area shall be provided. Such facility shall include appropriate screening and buffering from adjacent land uses.
(3)
Outdoor play areas shall not be located within the front yard and must be set back a minimum of 50 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened from adjoining property. Outdoor play areas shall only be used during normal hours of operation and not utilized between 10:00 p.m. and 8:00 a.m.; and all lighting of such areas shall not be used after 10:15 p.m.
(4)
Student and child "drop-off areas" shall be provided and designed to eliminate the need to cross traffic lanes on or adjacent to the site. Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the church-related educational or day-care facility, one off-street parking space shall be provided for each employee, plus one for each eight students 16 years of age or older, plus one for each classroom, plus one for each office. "Enrollment" shall be defined as the largest number of students and/or children (or adults) under day-care supervision at any one time during a seven-day period.
C.
Church-related recreation standards.
(1)
All church-related recreational facilities shall be accessory to, and be located upon, the same parcel as a house of worship.
(2)
Church-related recreational facilities shall be set back 50 feet from all property lines and street rights-of-way.
(3)
Outdoor play areas for individuals shall be completely enclosed by a minimum four-foot high fence, and screened from adjoining property. Outdoor play areas shall only be used during normal hours of operation and not utilized between 10:00 p.m. and 8:00 a.m.
(4)
All lighting of outdoor facilities shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets. Such lighting shall not be used after 10:15 p.m.
(5)
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the church-related recreational facility, one off-street parking space shall be provided for every three estimated users of the facility.
§ 470-51 Commercial mulching, stump grinding and/or composting.
A.
General requirements.
(1)
Material to be shredded may only be obtained from logging mills or trees and may not be generated from scrap lumber. Tree stumps shall be processed immediately if brought on site. The storing of tree stumps is prohibited.
(2)
One identification sign may be erected. The sign must comply with the requirements of Article VII.
(3)
All of the product must be sold at wholesale.
B.
Site design requirements.
(1)
All "processing operations," which term includes processing facilities, storage facilities and combined processing and storage facilities, including any buildings related thereto, shall be set back a minimum of 100 feet from any property line or street right-of-way line.
(2)
All processing operations must be set back at least 100 feet from any well.
(3)
All processing operations must be set back at least 700 feet from any residential district.
(4)
All processing operations must be set back at least 250 feet from any residential dwelling.
(5)
Stockpiled materials storage sites shall be limited to 20 feet in height with a maximum perimeter of 250 feet long and 50 feet wide. The edges of any stockpile shall be at least 60 feet from the perimeter fence, and that area shall be clear of debris or vegetation. All interior fire breaks shall be at least 65 feet wide.
(6)
Tree debris may not be stored on wetlands, floodplains, ravines, canyons or on steeply graded surfaces.
C.
Processing operations site safety requirements.
(1)
No open-air burning shall occur within 500 feet of any processing operations site.
(2)
Smoking and the lighting of flames in or around the piles shall be prohibited at the processing operations site. Lightning rods conforming to state and local codes shall be placed on the site, but away from the piles.
(3)
The owner of a processing operations site shall coordinate with local fire and police departments so they can respond quickly to an emergency.
(4)
If there is a stream, lake or other body of water located in the vicinity of the site, Fire Department drafting connection shall be provided in accordance with the Fire Department's response plan.
(5)
All water supply systems shall be approved by the responsible local authority.
(6)
Each fuel-fired vehicle operating at the processing operations site shall be equipped with at least one 2A, 10B c-rated or higher portable fire extinguisher.
D.
Site security and Fire Department access.
(1)
The perimeter of a processing facility shall have a chain-link fence at least 10 feet high.
(2)
Each processing facility shall be provided with emergency vehicle access routes, such that no portion of any material stockpile is more than 450 feet from an access road or fire break. Access routes, or fire breaks, through the piles shall have a clear width of at least 65 feet.
(3)
There shall be gates protecting each access point that can be locked when a processing facility is closed. All gates shall have a twenty-foot open width and remain unobstructed at all times. The gates shall have rapid entry design compatible with Fire Department requirements. Electric gates shall have default capabilities to the unlocked position.
(4)
All roads and accesses shall be designed to support loads imposed by firefighting equipment. All bridges and structures, including drainage structures on access roads, shall be capable of carrying a minimum design load of HS-20 consistent with AASHTO to "Standard Specifications for Highway Bridges." Access routes shall be surfaced with material designed to permit accessibility under all climatic conditions.
(5)
All emergency vehicle accesses shall have unobstructed vertical clearance of 14 feet or as needed for passage of large firefighting apparatus. A minimum turning radius of 45 feet shall be provided for emergency vehicles' access. All dead-end access in excess of 150 feet long shall be provided with a turnaround area.
(6)
Accesses shall be well maintained and remain accessible to the Fire Department at all times.
E.
Written management plan. A processing facility that accepts tree stumps and tree debris shall prepare and implement a written plan to the Township that addresses the management of tree stumps and tree debris. The plan shall, at a minimum, consist of the following:
§ 470-52 Communication towers.
A.
In addition to the information required elsewhere in this chapter and Chapter 390, Subdivision and Land Development, applications for communication towers shall include the following information and documentation:
(1)
A report from a qualified and licensed professional engineer which:
(a)
Describes the communication tower height and design, including a cross section and elevation;
(b)
Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c)
Describes the communication tower's capacity, including the number and type of antennas that it can accommodate;
(d)
Documents what steps the applicant will take to avoid interference with established public safety telecommunications; and
(e)
Includes an engineer's license/registration number and seal.
(2)
A letter of intent committing the communication tower owner and his, her or its successors to allow the shared use of the communication tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(3)
Before the issuance of a zoning/building permit, the following supplemental information shall be submitted:
(4)
One copy of typical specifications for the proposed structures and antenna, including description of design characteristics and material.
(5)
A site plan drawn to scale showing property boundaries, power location, communication tower height, guy wires and anchors, existing structures, elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan and existing land uses on adjacent property.
(6)
Name and address of the owners of all antenna and equipment to be located at the site as of the date of the application.
(7)
Written authorization from the site owner for the application, as well as a copy of any written agreement or other documentation pursuant to which the applicant has obtained the right to use the proposed site.
(8)
Copy of valid FCC license for the proposed activity or proof that the applicant is the winning bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.
(9)
A written agreement to remove the communication tower within 180 days of cessation of use. The applicant, prior to the issuance of a zoning permit, shall provide a financial security bond with the Township as payee in an amount approved by the Board of Commissioners, but not less than $50,000, from a company and in a form and content acceptable to the Board of Commissioners, to insure the removal of the proposed communications tower and related cabinets, facilities and improvements within 180 days of the expiration of the license or lease and/or cessation of use. The bond shall remain in place for as long as the communications facilities exist at the site.
(10)
The applicant must establish that the proposed antenna and equipment could not be placed on a preexisting facility under the control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.
(11)
A letter of intent committing the communication tower owner and the common carrier(s) utilizing the communication tower and their respective heirs, personal representatives, successors and assigns to allow Pocono Township and any other governmental agency to utilize the communication tower in the case of an emergency, upon reasonable terms and conditions.
B.
Co-location requirements. All communication towers erected, constructed or located within Pocono Township shall comply with the following requirements:
(1)
A proposal for a new communication tower shall not be approved unless the Board of Commissioners finds that the communications equipment planned for the proposed communication tower cannot be accommodated on an existing or approved communication tower or building within Pocono Township and within a one-mile search radius of the proposed tower if such one-mile search radius would include other municipalities, due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of the existing or approved communication tower or building, as documented by a qualified and licensed professional engineer and the existing or approved communication tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b)
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the communication tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved communication towers and buildings within Pocono Township (or within the one-mile search radius if applicable) cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(d)
Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing or approved communication tower or building.
(2)
Any proposed communication tower shall be designed, structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the communication tower is over 100 feet in height or for at least one additional user if the communication tower is over 60 feet in height. Communication towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
C.
Design requirements.
(1)
Communication towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(2)
Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower.
(3)
All utility buildings and structures accessory to a communication tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects the architectural character of the neighborhood.
(4)
The use of any portion of a communication tower for signs other than warning or equipment signs is prohibited.
D.
Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new antennas and/or communication towers shall be accompanied by a study, performed and certified to by a radio frequency engineer or other qualified individual, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify Pocono Township at least 10 calendar days in advance of such changes and allow Pocono Township to monitor interference levels during the testing process.
E.
Abandoned or unused communication towers or portions of communication towers. Abandoned or unused communication towers or portions of communication towers shall be removed as follows:
(1)
All abandoned or unused communication towers and associated facilities shall be removed within 180 days of the cessation of operations. A copy of the relevant portions of any signed lease, license or other agreement which requires the applicant to remove the communication tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a communication tower is not removed within 180 days of the cessation of operations at a site, the communication tower and associated facilities may be removed by Pocono Township and the cost of removal assessed against both the applicant and the owner of the property on which the communication tower and associated facilities exist.
(2)
Unused portions of communication towers above the manufactured connection shall be removed within 180 days of the time of antenna relocations. The replacement of portions of a communication tower previously removed requires the issuance of a new zoning permit.
F.
Setbacks. The setback of the base of a communication tower from all adjacent properties and/or lot lines shall be a distance equal to 100% of the antenna height or the building setback requirements for the underlying zoning district, whichever is greater.
G.
The minimum lot area requirement for a communication tower use in an R-1 Low Density Residential District shall be the greater of 5.0 acres or the minimum area necessary to comply with the setback requirements of Subsection F above; provided, however, that other uses may be made of such a lot within an R-1 Low Density Residential District as long as no such other use is located within a distance equal to 100% of the antenna height measured from the base of the communication tower, and such other use is in compliance with all other Pocono Township ordinances. The minimum lot area requirement for a communication tower use in any other zoning district where the same is allowed shall be in accordance with the minimum lot area requirements set forth in this chapter for the applicable zoning district where the communication tower use is proposed or the minimum area necessary to comply with the setback requirements of Subsection F above, whichever is greater.
[Amended 1-17-2006 by Ord. No. 120]
H.
Antenna height. The maximum antenna height shall not exceed 150 feet in any zoning district.
I.
Fencing. A security fence and gate, of approved design, of not less than eight feet in height, shall completely enclose the communications tower and anchor locations of guy wire (if used). This fencing shall be designed to be compatible with surrounding land uses.
§ 470-53 Customary accessory uses.
Includes uses customarily accessory to the principal use of a lot permitted in the district and essential services provided by public utilities. Accessory uses which are customarily subordinate to the principal use of a lot or a building located on the same lot and which serve a purpose customarily incidental to the use of the principal dwelling or lot shall be permitted in each district. Such uses include home gardening, but not the keeping of livestock, poultry or fowl unless the livestock, poultry or fowl are accessory uses to a permitted or nonconforming agricultural use, private garages or parking areas, signs, off-street parking and loading, temporary tract offices, unoccupied travel trailers and buildings and other uses customarily appurtenant to other permitted, special exception or conditional uses. Domestic animals kept as pets shall be permitted when such animals are owned by the occupants of the property in which they are kept and the animals are kept in accordance with public health, safety, welfare and nuisance regulations based upon the types of animals and the manner in which they are kept.
§ 470-54 Day-care facilities.
B.
Any such use shall have sufficient parking to serve the anticipated numbers of users and employees as specified in § 470-34 and shall have suitable street access without causing excessive traffic on local residential streets.
C.
All such buildings shall have a minimum lot size, minimum yards, maximum building heights and maximum impervious coverage regulations for the district in which they are located.
D.
If the day-care facility is offered for children below the high school level, an outdoor play area shall be provided. Such facility shall include appropriate screening and buffering from adjacent land uses.
E.
Outdoor play areas shall not be located within the front yard and must be set back a minimum of 50 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened from adjoining property. Outdoor play areas shall only be used during normal hours of operation and not utilized between 10:00 p.m. and 8:00 a.m.; and all lighting of such areas shall not be used after 10:15 p.m.
F.
Dropoff areas shall be provided and designed to eliminate the need to cross traffic lanes on or adjacent to the site.
§ 470-55 Dormitories.
A.
Except for a sign, there shall be no external evidence of any general activity.
B.
Any such use shall have sufficient parking to serve the anticipated numbers of users and employees as specified in § 470-34 and shall have suitable street access without causing excessive traffic on local residential streets.
C.
All such buildings shall have a minimum lot size, minimum yards, maximum building heights and maximum impervious coverage regulations specified in the Use Schedule[1] for the district in which they are located.
[1]
Editor's Note: The Use Schedule is attached to this chapter.
§ 470-56 Drive-in businesses (excluding vehicle washes).
A.
The subject tract shall front on and gain access from an arterial, connector, or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.
B.
Drive-through lanes shall be designed for stacking of a minimum of six vehicles and shall be separated from the internal circulation system for the parking facilities.
C.
The applicant shall demonstrate that any external-internal microphone system shall not operate in a manner that produces sound at a level in excess of 55 db at any abutting property line.
D.
Exterior seating and/or play areas shall be completely enclosed by a four-foot-high fence.
E.
No part of any structure on the subject property shall be located within 200 feet of an existing residential structure within residential zone.
F.
All lighting of outdoor facilities shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.
G.
The site shall be kept free of litter at all times in accordance with a plan for the cleanup of litter to be provided by the applicant.
§ 470-57 Essential services.
Essential services buildings and structures shall be permitted by right in all zoning districts, except that major facility essential services shall not be permitted in the Conservation District (CD). Such buildings and structures shall be permitted without regard to the use, lot area, setbacks and impervious area regulations; provided, however, that buildings erected for these services shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the building is located.
B.
Height of building or structure shall be as required by the district regulations.
C.
Housed equipment. When the equipment is totally enclosed within a building or cabinet, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
D.
Unhoused equipment shall be enclosed with a chain-link fence six feet in height.
E.
Screen planting. The required equipment shall be screened in accordance with the requirements of this chapter and of Chapter 390, Subdivision and Land Development.
F.
The external design of the building shall be in conformity with the buildings in the district.
G.
Storage of vehicles. In residential districts, newly permitted essential services facilities shall not include the exterior storage of vehicles or equipment used in the maintenance of any utility.
H.
No equipment causing excess noise, vibration, smoke, odor or hazardous effect shall be installed.
§ 470-58 Forestry.
A.
For all timber harvesting within Pocono Township when the total harvesting area is two acres or more in the aggregate, the following shall apply:
(1)
Forestry operations shall be accomplished in such a way as to:
(2)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the thoroughfare.
(3)
No tops or slash shall be left within 25 feet of any public thoroughfare, property line or private roadway providing access to adjoining residential property.
(4)
All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
(5)
Logging may occur between 7:00 a.m. and 7:00 p.m. prevailing time, but not on Sundays and legal holidays.
(6)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(7)
Because streams are an important natural resource which need special protection, logging within 75 feet of each side of all streams is prohibited unless all of the following conditions are met:
(a)
The basal area of trees in that area within the seventy-five-foot zone shall not be reduced below 50% of the basal area present before cutting.
(b)
Trees to be cut within the seventy-five-foot zone described shall be marked above and below stump height with tree marking paint prior to the start of logging.
(c)
A wetland study has been performed by an individual qualified to do so.
B.
Requirements of all applicable state and federal laws and regulations shall be addressed prior to any timber harvesting. All permits required for timber harvesting shall be obtained as described in Article IX of this chapter.
C.
These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
§ 470-59 Gaming and off-track betting establishments.
A.
The lot or property line of any gaming or off-track betting establishments shall not be located within 500 feet of any residential district; and no gaming or off-track betting establishment shall be located within 500 feet of any building the use of which is principally residential.
B.
No gaming or off-track betting establishment shall be located within 500 feet of any building which contains, is used for or is associated with, any one or more of the following specified land uses:
(1)
Adult entertainment facilities.
(2)
Amusement park.
(3)
Camp (for minor's activity).
(4)
Child-care facility.
(5)
Church, synagogue, mosque or other similar religious facility.
(6)
Community center.
(7)
Library.
(8)
Museum.
(9)
Park.
(10)
Playground.
(11)
School or educational facility.
(12)
Other lands where minors congregate.
C.
The lot or property line of any gaming or off-track betting establishment shall not be located within 5,000 feet of the lot or property line of another gaming or off-track betting establishment.
D.
The distance between any two gaming or off-track betting establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any gaming or off-track betting establishments and any building which contains, is used for or is associated with any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior of the building of such establishment to the closest point on the exterior of the building which contains, is used for or is associated with any said land uses.
E.
The proposed use shall not be detrimental to the use and enjoyment of adjoining properties due to hours of operation, light, traffic, noise and/or litter, and the applicant shall furnish expert evidence to establish this.
F.
The gaming or off-track betting establishment will be controlled so as not to constitute a nuisance due to noise or loitering outside the building; the applicant shall furnish expert evidence as to how this will be accomplished. In no event shall loitering be permitted outside any such establishment.
G.
A litter control plan shall be established, maintained and paid for by the applicant and/or property owner to ensure that neither the property where the use is being conducted, nor adjoining properties, will be littered. The proposed plan shall be furnished as part of the application.
H.
No more than one gaming or off-track betting establishment may be located within one building or shopping center.
I.
The applicant shall submit a land development application and plan in accordance with the requirements of Chapter 390, Subdivision and Land Development.
J.
The gaming or off-track betting establishment shall not create an atmosphere of enticement for minors.
K.
All off-track betting establishments shall comply with the rules and regulations of the Pennsylvania Horse and/or Harness Racing Commission pertaining to nonprimary locations, as defined therein; and all gaming and off-track betting establishments shall comply with all laws, rules and regulations of the United States of America, the Commonwealth of Pennsylvania, and the Township of Pocono.
L.
All gaming and off-track betting establishments shall comply with the minimum lot area, height, impervious coverage and yard requirements, for uses in the C Zoning District.
§ 470-60 Governmental and educational uses.
Governmental and educational uses include federal, state, county and municipal buildings and uses, schools, colleges and other educational institutions.
A.
Governmental and educational uses are subject to the requirements of the district in which they are located. Consideration shall be given to parking and traffic problems. (See definition of and regulations for "regional impact developments.") If the nature of the building or use is such that it will generate a high volume of traffic, then the subject tract shall front on and gain access from an arterial, connector, or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
The following items shall apply to public and private schools specifically:
(1)
All height, area, setback, and coverage standards within the applicable zoning district shall apply.
(2)
All off-street parking facilities shall be set back at least 25 feet and screened from adjoining properties by means of fences and/or plantings.
(3)
All structures shall be set back at least 100 feet from any adjoining land within a residential zone.
(4)
Any outdoor recreation areas shall be screened from adjoining residentially used or residentially zoned properties by means of fences or plantings.
(5)
Passenger dropoff and pickup areas shall be provided and designed so that there is no cross-traffic pedestrian circulation.
§ 470-61 Group-care facilities.
Group-care facilities include emergency shelters for the homeless, shelters for abused persons and treatment centers.
A.
Emergency shelter for homeless.
(1)
The emergency shelter for homeless shall be sponsored and supervised by a government agency or a nonprofit organization;
(2)
The applicant shall provide a letter from the Township Building Code Official stating that the structure has been inspected within the past two months and that it meets minimum code requirements for the intended use;[1]
(3)
The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements.
B.
Shelter for abused persons.
(1)
The shelter for abused persons shall be sponsored and supervised by a government agency or a state-registered or certified organization;
(2)
The applicant shall provide a letter from the Township Building Code Official stating that the structure has been inspected within the past two months and that it meets minimum code requirements for the intended use;[2]
(3)
The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements;
(4)
The applicant shall provide sufficient evidence to the Zoning Hearing Board that the security measures to be provided will provide adequate protection to the residents of the facility.
C.
Treatment center.
(1)
The applicant shall indicate the nature of the residents to be served and the type of treatment/care to be provided, including whether or not any counseling or other services will be provided for nonresidents;
(2)
The applicant shall provide evidence that the treatment center is sponsored and operated by an agency licensed, registered or certified by an applicable county, state, or federal program. The operators of the facility shall notify the Township in writing within 14 days if there is a change in the type of residents, the sponsoring agency, or maximum number of residents or if the license/registration/certification expires, is suspended or withdrawn;
(3)
If the facility is a temporary residence for the clients, the maximum number of clients shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements;
(4)
The facility shall have twenty-four-hour-on-site supervision by professionals trained to supervise the types of clients to be served by the facility;
(5)
If a facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided;
(6)
The facility shall be located a minimum of 1,000 linear feet from any other such existing/approved facility.
§ 470-62 Helipads.
A.
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
B.
The applicant shall furnish evidence of obtaining a license from the Pennsylvania Department of Transportation Bureau of Aviation prior to the issuance of a zoning permit.
C.
Additionally, no pad for any helipad shall be within 300 feet of any property line.
§ 470-63 Home occupations.
A use conducted for gain within a dwelling by the residents thereof, which use is clearly incidental and secondary to the use for dwelling purposes, does not change its character and which complies with the following:
A.
The use shall not exceed 25% of the combined gross floor area of the dwelling and permitted accessory structures or 500 square feet, whichever is less.
B.
The person conducting the home occupation must be a resident of the dwelling.
C.
Home occupations shall only be permitted in single-family dwellings and permitted accessory structures.
D.
No more than one home occupation is permitted per resident per dwelling, provided that all home occupations conducted on the premises, in the aggregate, shall not exceed the area limitations set forth in Subsection A above.
E.
No more than two nonresident employees in the aggregate for all home occupations conducted at the premises shall be permitted.
F.
The home occupation shall not require the delivery of goods or materials by trucks larger than a single-unit truck (SU) design vehicle as defined in A Policy on Geometric Design of Highways and Streets, latest revision, American Association of State of Highway and Transportation Officials (AASHTO).
G.
The home occupation shall not require or involve regular visitation from customers, clients, salespersons, vendors, subcontractors, etc. For purposes of this provision, visitation by more than three customers, clients, salespersons, vendors, subcontractors, etc., per hour or more than 15 customers, clients, salespersons, vendors, subcontractors, etc., in the aggregate per twenty-four-hour period shall constitute regular visitation.
H.
No equipment, materials or appurtenances related to the home occupation shall be stored or displayed outdoors. Storage area shall constitute a part of and be included in the calculation of the permitted home occupation aggregate area.
I.
No materials or merchandise shall be visible at or beyond the property lines. No equipment associated with the home occupation shall be visible from the exterior of the dwelling.
J.
No indication of the home occupation shall be visible other than one two-sided sign no larger than two square feet. The sign must conform to the requirements of this chapter.
K.
The exterior appearance of the premises shall be constructed and maintained as a residential dwelling.
L.
No discharge is permitted into a reservoir, sewer, storm drainage system, stream, open body of water or ground of any materials in such a way or of such a nature or temperature that could contaminate any water supply or damage or be detrimental to any sewer system, septic system or sewage treatment facility or otherwise cause the emission of dangerous elements.
M.
No equipment or process shall be used in such home occupation that creates vibration, glare, fumes, odors or electrical interference detectable off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver or cause fluctuations in line voltage off the lot.
N.
A Pocono Township zoning permit is required for all home occupations. Applications for a zoning permit shall be made to the Pocono Township Zoning Officer pursuant to § 470-121 of Article IX of this chapter, on forms provided by Pocono Township. If application is approved and a zoning permit issued, the applicant agrees to allow inspections, as required by the Zoning Officer, to verify that the home occupation use is in compliance with this chapter and the zoning permit issued.
§ 470-64 Hospitals.
A.
Minimum lot area: five acres.
B.
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized.
C.
The subject tract shall front on and gain access from a connector or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
D.
All buildings and structures shall be set back at least 50 feet from all side and rear property lines.
E.
Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties or residential uses.
F.
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.
§ 470-65 Keeping of equine animals.
The keeping of equine animals shall meet the following conditions:
A.
The minimum lot area required for the keeping of one equine animal shall be three acres. This minimum lot area shall be increased by 1 1/2 additional acres for each additional equine animal kept.
B.
Maintaining equine animals shall be on a noncommercial basis and be strictly as an incidental use.
C.
The area within which equine animals are kept shall be enclosed by a fence designed for containment.
D.
No building, corral, fence, or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner, nor within 50 feet of any property line.
E.
The owner of the equine animal(s) shall exercise such control as is necessary to prevent the equine animal(s) from leaving the property when not being ridden or transported. The owner shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
§ 470-66 Keeping of wild or exotic animals.
Wild or exotic animals held in captivity shall be limited to lots located in the Commercial District, with a minimum lot area of three acres or greater, and shall be subject to the following additional requirements:
A.
The number of such animals shall not exceed the equivalent of one animal unit per acre.
B.
Said animals shall be maintained only within the rear yard area.
C.
The building or area within which such animals are kept shall be enclosed by a fence or other form of enclosure designed for containment.
D.
Such fence or other form of enclosure shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner.
E.
The owner of such animals shall exercise control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
F.
All such animals shall be maintained in accordance with the regulations and/or permit requirements of the Pennsylvania Game Commission and other applicable agencies.
§ 470-67 Kennels (including nonprofit kennels).
[Amended 6-2-2025 by Ord. No. 2025-19]
A.
The minimum lot area requirement shall be two acres.
B.
Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or runways also shall comply in all respects with the yard requirements of this chapter for the principal building, except that they shall be located no closer to the front lot line than the rear wall of the principal building, and they may be located in the rear yard if located at least 10 feet from any lot line.
C.
Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet from all property lines.
D.
Outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure. All enclosures shall be a minimum of 50 feet from all property lines.
E.
All animal wastes shall be regularly removed and disposed from the premises.
F.
The owner/operator of the kennel shall be responsible to exercise suitable control over the animals and shall not allow a private nuisance nor public nuisance to be created in terms of excessive noise, dirt, or odor.
(1)
Private nuisance is an unreasonable, unwarranted, or unlawful use of property - whether public or private - that interferes with an individual's or a limited number of individuals' rights to the quiet, safe, and comfortable enjoyment of their own property. It involves any conduct, condition, or omission that substantially impairs another's reasonable use and enjoyment of their property, causing material annoyance, inconvenience, or harm. Examples may include excessive noise, vibrations, odors, or similar disturbances that affect one or a few property owners or occupants, rather than the community at large.
(2)
Public nuisance is an act, condition, or omission that unreasonably and significantly interferes with rights commonly held by the general public - such as those related to public health, safety, peace, comfort, or convenience. Such public nuisances affect an indefinite number of people or the community as a whole and may include activities or conditions that create widespread annoyance, discomfort, alarm, or risk. Public nuisances disrupt public order, diminish the collective quality of life, and may violate statutes, ordinances, or regulations designed to protect the community at large.
§ 470-68 Life-care facilities.
A.
General.
(1)
The life-care facility and accessory facilities shall be designed and used to serve its residents and their guests only.
(2)
The life-care facility shall be planned, developed, and operated according to a unified plan under the direction of a single owner or agent for the owner.
(3)
The life-care facility may include a community center in which an auditorium, activity rooms, craft rooms, library, lounges, or similar recreational facilities for members of the life-care facility may be included. Additional facilities provided as part of the life-care facility may include:
(a)
Dining facilities;
(b)
Medical facilities, including treatment, nursing and convalescent facilities;
(c)
Office and retail service facilities designed and adequate to serve only the members of the life-care facility, including but not necessarily limited to doctor's offices, pharmacy, gift shop, coffee shop, bank, barber- or beauty shop;
(d)
Congregate residences.
B.
Area and bulk regulations. The following area and bulk regulations shall apply:
(1)
The minimum lot area shall be two acres, plus:
(a)
Eight hundred square feet per patient bed; and
(b)
Five thousand square feet per individual room or apartment unit in congregate residences; and
(c)
Three times the gross floor area of permitted and housed accessory uses, such as the community center and personal service shops, but not including the recreational common open areas.
(2)
The minimum front, side and rear yards shall conform to the requirements of the zoning district in which they are located. In addition, the maximum building height shall conform to the requirements of the zoning district in which they are located.
(3)
The maximum impervious area shall be 65%.
C.
Density. The maximum gross density within a life-care facility shall not exceed eight dwelling units per acre. For the purposes of this section, four beds for patient, resident and/or staff person use provided within a medical facility within the life-care facility shall be deemed the equivalent of one dwelling unit. Two apartment units in a congregate residence shall also be deemed the equivalent of one dwelling unit.
D.
Site design requirements.
(1)
Residential uses.
(a)
Structures shall be located and arranged so as to promote privacy for residents within the life-care facility and maintain privacy for residents adjacent to the life-care facility. Structures shall be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures.
(b)
Structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible. Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or detracting from the privacy of residents.
(c)
Structures located along the perimeter of the tract shall be designed so as to be harmonious with adjacent areas.
(2)
Nonresidential uses.
(a)
All nonresidential uses shall be located in a single area of the life-care facility site.
(b)
All nonresidential uses shall be located with direct access to either a collector or arterial street.
(c)
Signs for nonresidential uses are permitted, subject to the signage requirements of this chapter.
(d)
All nonresidential uses shall have architectural compatibility with residential structures.
(e)
Parking facilities for nonresidential uses shall be designed solely for the intended use and shall be physically separated from other parking areas in the development.
E.
The following additional requirements shall apply:
(1)
No parking area shall be located within the yard requirements.
(2)
No structure shall be within 25 feet of the parking areas.
(3)
No structure shall be located within 30 feet of any other structure.
(4)
Sufficient exterior nighttime illumination of the parking area shall be required to provide convenience and safety. All such illumination shall be shielded from view of all surrounding streets and lots.
(5)
All buildings shall be of fire-resistant construction and shall have a fire sprinkler or other-fire suppression system.
(6)
All permitted uses shall be served by public water and public sewer systems, if available.
F.
Common open space.
(1)
The location, shape, size and character of the common open space should take into consideration the natural features and physical characteristics of the site.
(2)
Whenever possible, common open space shall be designed as a contiguous area between residential areas, with pedestrian and visual access available to all residents of the life-care facility.
(3)
Significant natural features such as woodland areas, steep slopes, floodplain areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into the common open space whenever possible; provided, however, that not less than 25% of the total common open space shall be suitable and designed for use as an active recreation area.
(4)
Areas designated for common open space shall contain no structures other than those directly related to outdoor recreational uses and structures associated with utilities.
(5)
The common open space shall be owned and maintained under the direction of a single owner or agent for the owner.
G.
Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks. Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in Chapter 390, Subdivision and Land Development. Performance and maintenance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of Chapter 390, Subdivision and Land Development.
H.
Other utilities.
§ 470-69 Light manufacturing.
All the activity shall be carried on in an enclosed building, except for off-street parking and loading facilities and incidental storage. Light manufacturing uses include the manufacture of food products, grain processing and milling, the fabrication, processing, assembling, repairing, testing, packing and/or storing of any type of product made from previously prepared materials such as cloth, plastic, food, paper, glass, leather, metals, stones, electronic components and other materials; provided, however, that except for the storing, milling and processing of grain, the processing of raw materials is not permitted nor is the storage of junk or the production of fish or meat products, sauerkraut, vinegar or the like or the rendering of fats and oils.
§ 470-70 Mineral recovery.
Except to the extent that they have been superseded and preempted by the following Pennsylvania Laws: the Surface Mining Conservation and Reclamation Act;[1] the Noncoal Surface Mining Conservation and Reclamation Act;[2] the Oil and Gas Act;[3]and/or the Bituminous Mine Subsidence and Land Conservation Act,[4] mineral recovery operations shall comply with the following terms and conditions:
A.
Extraction of minerals shall be undertaken only from minerals occurring naturally on the property. Spoil piles, slag, solid waste, or other materials shall not be brought to the property for the extraction of minerals, except for asphalt if an asphalt manufacturing plant is to be operated as an accessory use, or materials necessary for the manufacture of ready mix concrete if a ready mix concrete manufacturing plant is approved as a special exception.
B.
No quarry or surface mine shall generate or emit air pollutants or noise in excess of standards established by the Commonwealth of Pennsylvania.
C.
All quarries or surface mines, or other areas where minerals are extracted by the surface mining method shall comply with the requirements of the Surface Mining Conservation and Reclamation Act and its rules and regulations and/or any other applicable state law, rules and regulations, as presently existing or as may be hereafter enacted or promulgated, which rules and regulations are incorporated herein by reference. Any violation of any such statute, rule or regulation shall constitute a violation of this chapter.
D.
All quarries or surface mines, or other areas where minerals are extracted by the surface mining method, excluding extraction of minerals by a landowner for his own noncommercial purposes from land owned or leased by him, but including all other extraction shall be licensed under the Surface Mining Conservation and Reclamation Act[5] and/or any other applicable state law.
[5]
Editor's Note: See 52 P.S. § 1396.1 et seq.
E.
Gates, which shall be locked except during business hours, shall be located at all entrances.
F.
All explosives shall be stored in a permanent building adequately locked in accordance with the state law, rules and regulations.
G.
All blasting operations shall conform to the latest regulations of the Pennsylvania Department of Mines and Mineral Industries and also with all applicable federal laws, rules and regulations. Blasting shall not be permitted between 5:00 p.m. and 7:00 a.m. the following day.
H.
Minimum lot size for any quarry or mining operation shall be five acres, except for the expansion of an existing quarry or mining operation in an adjoining municipality to an area within Pocono Township.
I.
All applicable rules and regulations promulgated by the Pennsylvania Department of Environmental Protection, 25 Pa. Code Chapters 77 and 123, are incorporated herein by reference as though more fully set forth herein. Any violation of any such regulation shall constitute a violation of this chapter, and shall be subject to enforcement and penalties as set forth in Article IX of this chapter.
J.
The applicant shall file with the Township duplicate sets of applications and supporting data submitted to the Department of Environmental Protection as part of any mining application. A copy of each permit or violation issued to the applicant by the Department of Environmental Protection shall be filed with the Township within two weeks of receipt by the operator.
K.
Waste product containers shall be screened and set back at least 100 feet from any adjoining public road or property boundary.
§ 470-71 Mobile home parks.
Mobile home parks are subject to the requirements of Chapter 390, Subdivision and Land Development.
§ 470-72 Nursing homes.
A.
Minimum lot area. Two acres or 800 square feet per patient bed, whichever is greater.
B.
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized.
C.
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.
§ 470-73 Private clubs and clubhouses.
A.
Off-street parking shall be provided at least 25 feet from all street rights-of-way, and parking compounds shall be at least 30 feet from any adjoining residential property.
B.
Any outdoor recreational facilities shall be located at least 50 feet from any property line.
C.
Screening shall be provided adjacent to any residential land use.
§ 470-74 Professional offices, medical/dental clinics, banks and similar financial institutions, and retail sales.
A.
The subject tract shall front on and gain access from either an arterial, connector, collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
B.
The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle backups onto existing abutting streets.
C.
The maximum building coverage shall be no greater than 40%.
D.
The maximum impervious coverage shall be no greater than 70%.
E.
The minimum landscaped area shall be no less than 30%.
F.
Off-street parking shall not be permitted within 10 feet of any property line and/or right-of-way.
§ 470-75 Recreation facilities.
A.
All tracts with commercial recreation facilities shall front on and gain access from an arterial, connector, or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.
B.
Uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures in accordance with Chapter 390, Subdivision and Land Development, to prevent any reasonable harm on adjoining properties.
C.
Required parking shall be provided based on the type or types of use proposed on the premises, in accordance with the requirements of § 470-34. Where multiple uses are proposed, the applicant shall demonstrate that the parking that has been proposed is adequate to accommodate the proposed uses.
D.
All entrances to the commercial recreation facility shall be designed so that vehicle backup on abutting roads does not occur.
§ 470-76 Regional impact developments.
A.
The regional impact development and the individual uses within the development shall comply with the following height, bulk, coverage and area regulations:
(1)
The minimum lot area of the regional impact development, excluding existing street rights-of-way, shall be five contiguous acres.
(2)
The minimum lot width of the regional impact development shall be 300 feet measured at both the street right-of-way line and the building setback line.
(3)
The minimum lot depth of the regional impact development shall be 500 feet measured at the narrowest part of the development between any existing street right-of-way and the opposite rear property line, or in the case of a corner lot, from the opposite side property line.
(4)
Yards within regional impact developments. Part of the required yard area may be used for the purpose of meeting off-street parking requirements subject to, however, the requirements of § 470-34. Yards of the following minimum size shall be provided:
(a)
Front yard minimum depth. The minimum building line from all streets shall be twice the requirement of the underlying zoning district.
(b)
Side yard. The minimum side yard shall be 50 feet. In the case of a shopping center, there will be no side yard requirement between buildings which form a continuous structure when located within the shopping center; provided, however, that no building shall be located closer than 50 feet from any side property line.
(c)
Rear yard. The minimum rear yard shall be 50 feet. In the case of a shopping center, there will be no rear yard requirement between buildings which form a continuous structure when located within the shopping center; provided, however, that no building shall be located closer than 50 feet from the rear property line.
(5)
Maximum impervious coverage. Not more than 70% of the area of the lot shall be covered with impervious surface. However, this maximum impervious coverage shall be increased to 75% of the area of the lot where more than 1/2 of all parking spaces within the lot are located behind the front building line.
(6)
Maximum building coverage. Not more than 60% of the area of the lot shall be covered by buildings.
(7)
Minimum landscape area. Not less than 30% of the area of the lot shall be covered by vegetation materials. However, this minimum landscape area shall be reduced to 25% of the area of the lot where more than 1/2 of all parking spaces within the lot are located behind the front building line.
B.
The regional impact development shall front and have all of its primary points of access onto arterial, connector or collector streets as identified in the Official Roadway Classification List available at the Township Building. Internal vehicular circulation shall be designed in accordance with any requirements of Chapter 390, Subdivision and Land Development. Ingress and egress to the development shall be provided through two or more controlled access points that are designed to handle the traffic generated by the site in a safe and efficient manner.
C.
The applicant shall provide a traffic evaluation study, prepared in accordance with any requirements of Chapter 390, Subdivision and Land Development, indicating that adverse traffic conditions are minimized.
D.
Sufficient off-street parking shall be provided for each use; however, where it can be shown to the satisfaction of the Township Board of Commissioners that various uses within a regional impact development will be generating parking needs at different times of the day or week, or that various uses when combined in a regional impact development will generate reduced parking needs than if the uses were not combined, the amount of parking may be reduced accordingly. Parking compounds and internal vehicular circulation patterns shall be designed to prevent traffic that is utilizing any facility within the development from backing onto public streets.
E.
Where a regional mass transit system provides service along a street adjacent to the development or where such a system is proposed as part of an adopted municipal or regional transportation plan to serve the area of the development, appropriate drop-off and shelter facilities shall be located along such street, or within such development, or at some alternate location, as may be required by the Board of Commissioners, mass transit company, or other applicable municipal agency.
F.
Clearly defined internal pedestrian circulation patterns shall be provided within the regional impact development. Pedestrian crossing of vehicular traffic areas should be eliminated wherever possible. Sidewalks shall be provided in accordance with any requirements of Chapter 390, Subdivision and Land Development. The internal pedestrian circulation system shall be coordinated with the pedestrian circulation system along the existing streets and on abutting properties.
G.
Exterior lighting shall be required, in accordance with Chapter 390, Subdivision and Land Development, to provide convenience and safety for people utilizing the facilities within the development; however, all such lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
H.
No use shall emit any obnoxious noise, glare, dust, odor, vibration, electrical disturbance, smoke, toxic gas, radiation, heat or any other objectionable impact beyond the lot line of the facility.
I.
All outdoor storage, parking, loading/unloading areas, refuse areas, sewage treatment facilities, water treatment facilities, aboveground fuel storage facilities (propane tanks, etc.) shall be screened from adjoining properties that are within a residential zoning district. Said screening shall be provided in accordance with any design requirements of Chapter 390, Subdivision and Land Development.
J.
In addition to the screening requirements of this chapter and Chapter 390, Subdivision and Land Development, the developer shall be responsible for providing landscaping throughout the entire regional impact development in accordance with a landscape plan designed by a registered landscape architect. Said plan shall provide a uniform, cohesive and visually attractive landscape for the development that also de-emphasizes that size and bulk of the development so that it is visually compatible with the surrounding neighborhood.
K.
As part of any application for a conditional use, the applicant shall also be required to show that any individual use within a regional impact development also complies with all other regulations specifically set forth in Article V of this chapter for that individual use.
L.
Where a proposed development is 1) an extension, expansion or revision of a development existing prior to the adoption of this chapter; and 2) where the combination of the existing use(s) and the proposed extension(s), expansion(s) or revision(s) would qualify as a regional impact development, the requirements of this section shall be considered only if the proposed extension(s), expansion(s) or revision(s) exceed 10% of the existing use(s) or 10,000 square feet, whichever is greater.
M.
Where a multi-phase regional impact development is proposed, the application for a conditional use shall include the entire development; however, the applicant may provide a phasing schedule, subject to the approval of the Board of Commissioners, for all site improvements and for all transportation and traffic improvements which shall coincide with the phasing of the development.
§ 470-77 Restaurants, taverns, and nightclubs.
A.
The subject tract shall front on and gain access from an arterial, connector, or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
No part of the subject property shall be located within 200 feet of any residential district.
C.
All lighting of outdoor facilities shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.
D.
The applicant shall furnish evidence identifying how the use will be controlled and will not constitute a nuisance due to noise, light, or loitering outside the building.
E.
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
§ 470-78 Retail sales of nursery and garden materials.
A.
All driveways, parking areas, and loading zones shall be surfaced and maintained in a manner prescribed as per § 470-34 of this chapter. Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.
B.
The display, sale, or repair of motorized nursery or garden equipment shall not be permitted.
C.
All outdoor display areas shall be set back at least 25 feet from the street right-of-way line.
D.
All structures and parking and loading facilities shall be screened from residentially zoned properties.
E.
Storage and application of pesticides and fertilizers shall be in accordance with applicable state and federal laws.
F.
All lighting of outdoor facilities shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.
§ 470-79 Riding club or riding stable.
A.
Minimum lot area: 10 acres. The number of horses permitted shall be based on a minimum of one acre per 1 1/2 animals maintained or each stall provided, whichever is greater.
B.
All animals except while exercising or pasturing shall be kept within a completely enclosed building which was erected or maintained for that purpose.
C.
All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.
D.
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.
E.
All stables shall be maintained so to minimize odors perceptible at the property line.
F.
All parking compounds and unimproved overflow parking areas shall be set back at least 20 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
G.
No manure storage facility or area shall be established closer than 150 feet to any property line.
§ 470-80 Salvage yards.
A.
The minimum lot area requirement shall be five acres.
B.
The outdoor junk storage area shall be completely enclosed by a minimum eight-foot high sight-prohibitive fence which shall be set back not less than 50 feet from all property lines.
C.
All buildings used to store junk shall be wholly enclosed and set back at least 50 feet from all property lines.
D.
No salvage material shall be stored so as to be visible over the sight prohibitive fence from the property line and/or right-of-way line.
E.
Screening shall be required when the proposed use is located adjacent to a nonindustrial use or nonindustrial district.
F.
All additional federal and state laws shall be complied with.
G.
The setback area between the fence and property line shall be kept free of refuse and debris.
H.
All junk shall be stored or arranged to permit reasonable access by firefighting equipment and to prevent the accumulation of water. Stormwater shall be drained in a manner that does not result in chemical residues being discharged from the site.
I.
No material shall be burned at any time.
J.
No junkyard shall be located on lands with an average slope of greater than 5%.
K.
A certificate of use shall be issued for a period of one year, and shall be subject to annual renewal.
§ 470-81 Self-service storage facilities.
The following shall specifically apply to self-service storage facilities:
A.
The subject tract shall front on and gain access from an arterial, collector, or connector road as identified in the Official Roadway Classification List available at the Township Building.
B.
Off-street parking shall be provided in accordance with the requirements of this chapter for warehousing (nonretail).
C.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide where cubicles open onto both sides of the lane.
D.
Required parking may not be rented as, or used for, vehicular storage. However, additional external storage may be provided for the storage of operable and properly licensed/registered privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
E.
All storage other than that provided for under Subsection D shall be kept within an enclosed building, except that storage of flammable, highly combustible, explosive or hazardous chemicals or materials shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F.
Because of the danger from fire or explosion caused by the accumulation of vapors from flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.
G.
No door openings for any self-service storage unit shall be constructed facing any adjacent residentially zoned property.
H.
Prohibited uses.
(1)
Self-service storage facilities shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited on the site:
(a)
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(b)
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(c)
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(2)
The applicant shall adequately demonstrate that all self-service storage facilities' rental and/or use contracts shall specially prohibit these uses.
§ 470-82 Shopping centers.
A.
The subject tract shall front on and gain access from either an arterial, connector or collector road as identified in the Official Roadway Classification List available at the Township Building.
B.
The following types of commercial and commercial-related establishments shall be permitted:
(1)
Grocery store.
(2)
Banks and similar financial institutions.
(3)
Drugstore.
(4)
Retail sale of goods, provided the total floor area is less than 100,000 square feet.
(5)
Retail services, including barber/beauty salons, music, dance, art, or photographic studios, repair of small appliances, and laundromat and dry-cleaning collection stations.
(6)
Professional offices.
(7)
Restaurants and taverns.
(8)
Any other establishment that in the opinion of the Board is of the same general character as any of the above-identified uses.
C.
The minimum lot area shall be three acres.
D.
The minimum lot width shall be 300 feet.
E.
The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle backups onto existing abutting streets.
F.
The maximum building coverage shall be no greater than 25%.
G.
The maximum impervious coverage shall be no greater than 70%.
H.
The minimum landscaped area shall be no less than 30%.
I.
No building shall be placed closer than 30 feet to any property line. Where there exists a more stringent requirement, such requirement shall apply. Off-street parking shall not be permitted within side and rear yard setback areas.
J.
Fire lanes will be required in accordance with Township ordinances.
§ 470-83 Truck terminal/distribution.
[Amended 2-6-2023 by Ord. No. 2023-01]
A.
Minimum lot area: 10 acres.
B.
Any entrance for trucks, loading/unloading area, principal structures, outdoor storage or truck parking area shall be a minimum of 150 feet from any residential lot line.
C.
The use shall have its main access point(s) within two miles of at least one ramp of a limited access highway.
D.
All tractor-trailer truck parking, principal structures, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot wide buffer yard. A fifty-foot buffer is required along the frontage of all streets. This buffer yard shall meet the following conditions:
(1)
The buffer yard shall include a vegetated screening buffer. The screen buffer plantings are intended to form an impenetrable visual screen and shall include a variety of evergreen tree species to prevent monocultural planting. Trees used for screen buffers shall be comprised of 100% evergreen species.
(2)
Evergreen trees used in the screen planting shall be at least six feet high when planted and shall be of such species as will produce a dense visual screen at least 10 feet high within four years. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of those trees will be of a single variety. Deciduous canopy trees and/or flowering trees and evergreen shrubs are encouraged to provide complete screening and visual appeal, in addition to the required evergreen trees. Shrubs shall have a minimum height of 36 inches when planted.
(3)
Plant materials shall be permanently maintained and any plant material which dies shall be replaced by the land owner.
(4)
Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to the estimated cost of trees and shrubs and plantings. Such guarantee shall be released only after passage of the second growing season following planting.
(5)
The buffer yard may overlap the required side of rear yards, and in case of conflict, the larger yard requirements shall apply.
E.
Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 150 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following conditions:
(1)
Average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.
(2)
Not have a single continuous height, but instead shall vary in height by one feet or two feet in places.
(3)
The top of the berm shall not have a width less than five feet.
(4)
Have a maximum side slope of three horizontal to one vertical.
(5)
Be covered by a properly maintained all-season natural ground cover, such as an appropriate grass.
(6)
Shall be located behind any required buffer screening.
F.
The maximum height for such use shall be 50 feet.
G.
The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak.
H.
All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of two tractor-trailers.
I.
No parking or loading/unloading shall be permitted on or along any public road.
J.
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.
K.
External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.
L.
LEED Certification is strongly encouraged as well as roof-mounted accessory solar energy systems.
M.
The applicant shall coordinate with the Monroe County Control Center to ensure there is adequate radio coverage for emergency responders within the building based upon the existing coverage levels of the Monroe County Control Center Public Safety Radio Communications System at the exterior of the building, and shall install enhancement systems if needed to meet compliance.
N.
The use shall provide related facilities and amenities to provide for the comfort, convenience and safety of those engaged in the trucking distribution industry. Suitable examples rest lounges and areas, locker rooms and shower facilities, and similar uses.
O.
Mechanical scraper systems shall be installed at each truck exit drive for the purpose of removing snow, slush and ice from trailer and truck rooftops. During winter months, all trucks must pass under these mechanical scrapers prior to exiting the warehouse facility.
P.
A traffic study prepared by a professional traffic engineer, according to § 390- 60. The traffic impact study shall also include a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary. The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the traffic study and shall identify any new proposed truck routes and necessary truck routing signage.
R.
An environmental impact assessment shall be performed. The assessment shall be prepared by a professional environmental engineer, ecologist, environmental planner, or other qualified individual. An assessment shall include a description of the proposed use, including location relationship to other projects or proposals, with adequate data and detail for the Township to assess the environmental impact. The assessment shall also include a comprehensive description of the existing environment and the probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the assessment shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts. The assessment shall also include detailed examination of public resources most likely impacted by the development plan and include the following focus areas:
(1)
Air pollution impacts emissions from vehicle operations, including from truck engines during idle time. The applicant shall identify all stationary and mobile sources of fine particulate matter (PM2.5), volatile organic compounds, and nitrogen oxides at the site. The applicant shall specify best management practices for preventing and reducing the concentration of air polluting emissions at the site. The owner or operator of the facility shall have anti-idling signs prominently posted in areas where 15 or more trucks may park or congregate.
(2)
The potential for public nuisance to local residents resulting from operations and truck traffic, including noise, glare, light, and visual obstacles.
(3)
A stormwater management plan.
(4)
Consistency with the municipal and county comprehensive plan. The applicant shall submit an assessment report of the impact of the proposed use on the goals of the respective plans. Where the proposed use conflicts with the comprehensive plan, the assessment report shall identify mitigation measures which may be undertaken to offset any degradation, diminution, or depletion of public natural resources.
(5)
Additional considerations. The following shall also be addressed:
(a)
Alternatives analysis. A description of alternatives to the impacts.
(b)
Adverse impacts. A statement of any adverse impacts which cannot be avoided.
(c)
Impact minimization. Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction, including design considerations.
(d)
Mitigation steps. Listing of steps structural controls proposed to minimize damage to site before and after construction.
(6)
Critical impact areas. In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive or which if disturbed during construction would adversely affect the environment.
(a)
Critical impact areas include, but are not limited to, floodplains, riparian buffers, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, hydric soils, hydrologic soil groups, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
(b)
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
(c)
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
S.
Evaluation. The procedures for evaluating the assessment shall be as follows:
§ 470-84 Vehicle fueling stations.
A.
The subject tract shall front on and gain access from either an arterial, connector or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
The subject property shall have a minimum lot width of 125 feet.
C.
The subject property shall be at least 300 feet from the property line of any parcel containing a school, day-care facility, playground, library, or nursing, rest, or retirement home.
D.
Any vehicle not receiving repair work within the preceding seven days shall be removed.
E.
Gasoline pump islands shall be at least 30 feet from the street right-of-way line.
F.
Entrances and exits shall be a minimum of 30 feet in width.
G.
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet from any adjoining residential property or residentially zoned property.
H.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
I.
In the event of discontinuance or abandonment of the use of the property as a vehicle fueling station, all underground fuel storage tanks must be removed in accordance with all applicable regulations within six months.
§ 470-85 Vehicle service and repair facilities.
A.
The subject tract shall front on and gain access from either an arterial, connector or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
All service and/or repair activities shall be conducted within a single, wholly enclosed building.
C.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
D.
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded, as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.
E.
All exterior vehicle storage areas shall be screened from view from adjoining residential and residentially zoned property.
F.
The storage of unlicensed vehicles on the property is prohibited.
G.
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residential property or residentially zoned property.
H.
All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding 30 days shall be removed.
I.
The demolition or storage of junked or abandoned vehicles or parts thereof is prohibited.
§ 470-86 Vehicle washes.
A.
The subject tract shall front on and gain access from either an arterial, connector or collector road as identified in the Official Roadway Classification List available at the Township Building, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial, connector or collector street design and improvement requirements.
B.
On-lot wash water recycling systems are required.
C.
Each vehicle wash bay in an automatic/conveyorized facility shall allow for a stacking of at least five vehicles. Each vehicle wash bay in a self-serve facility shall allow for a stacking of at least three vehicles.
D.
All structures shall have a minimum setback of 100 feet from any street right-of-way line, 50 feet from any rear property line, and 25 feet from any side lot line.
E.
The site shall be kept debris and trash free with the owner or manager of the vehicle wash responsible for site maintenance.
F.
All entrances to the vehicle wash facility shall be designed so that vehicle backup on abutting roads does not occur.
G.
All lighting of outdoor facilities shall be designed and located in accordance with current Illumination Engineering Society of North America (IESNA) footcandle lighting standards so as to not produce a glare or direct illumination onto abutting properties and streets.
§ 470-87 Lumberyards and coal yards; building material storage yards; contractors' equipment and storage yards.
[Amended 2-6-2023 by Ord. No. 2023-01]
The subject tract shall front on and gain access from an arterial, collector, or connector road as identified in the Official Roadway Classification List available at the Township Building.
§ 470-87.1 Academic clinical research centers.
[Added 7-16-2018 by Ord. No. 2018-07]
A.
Parking requirements will follow the parking regulations found in § 470-34 of the Township of Pocono Zoning Ordinance. Off-street parking regulations shall utilize those listed for educational institutions (colleges, universities, technical schools, and trade schools), as appropriate.
B.
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown or processed shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
All external lighting serving an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.
F.
The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.
§ 470-87.2 Grower/processor facility.
[Added 7-16-2018 by Ord. No. 2018-07]
A.
Grower/processor facility which grows medical marijuana must be owned or leased and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from DOH pursuant to the Act.[1]
[1]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
B.
Grower/processor facility which grows medical marijuana can only do so in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
The maximum floor area of grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana related materials used in production or for required laboratory testing.
D.
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.
E.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.
F.
The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at grower/processor facility.
G.
Grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
H.
All external lighting serving a grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
I.
Parking requirements will follow the parking regulations found in § 470-34 of the Township of Pocono Zoning Ordinance.
K.
Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.
L.
The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Pocono ordinances.
N.
Any medical marijuana facility lawfully operating pursuant to the Act[4] shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.
[4]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
§ 470-87.3 Medical marijuana delivery vehicle office.
[Added 7-16-2018 by Ord. No. 2018-07]
A.
A traffic impact study is required where the office is to be located and operated.
B.
Parking requirements will follow the parking schedule found in § 470-34 of the Township of Pocono Zoning Ordinance.
C.
All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
E.
Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
F.
The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Pocono ordinances.
G.
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/processor facility and dispensary facility.
§ 470-87.4 Dispensary facility.
[Added 7-16-2018 by Ord. No. 2018-07]
A.
A dispensary facility must be owned or leased and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.[1]
[1]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
B.
A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
Dispensary facility may not operate on the same site that a grower/processor facility is located.
D.
Dispensary facility shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.[2]
[2]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
E.
Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
F.
A dispensary facility shall be a maximum of 5,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.
H.
A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act[3] and shall comply with all lawful, applicable health regulations, including those of DOH.
[3]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
I.
A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
J.
Dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.
K.
Any medical marijuana facility lawfully operating pursuant to the Act[4] shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.
[4]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
L.
All external lighting serving dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
M.
Parking requirements will follow the parking schedule found in § 470-34 of the Township of Pocono Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices including outpatient clinics.
O.
Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.
P.
The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of Pocono ordinances.
§ 470-87.5 Warehouse.
[Added 2-6-2023 by Ord. No. 2023-01]
B.
No storage of garbage (other than is routinely produced on site and awaiting regular collection) shall be permitted. The bulk storage of materials that are inflammable, explosive, hazardous, or commonly recognized as offensive shall not be permitted.
C.
Uses that would involve the entrance to the use of an average of more than 50 tractor-trailer trips in any twenty-four-hour period shall be required to meet the additional site development standards in § 470-83 for a truck terminal/distribution. A "trip" shall be defined as one arrival at or one departure from the facility.
D.
When permitted as a conditional use, the applicant shall provide a detailed description of the proposed use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2)
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, anticipated truck traffic, and an overall needed site size.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in Part 5 of this chapter.
(4)
The applicant shall present credible evidence that the number of oversized off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by the warehouse activities.
E.
Maximum building height for such use shall be 50 feet.