Polk Township, PA Zoning Ordinance

Applicable standards. In addition to all other applicable standards in this chapter, the standards in this Article VIII, which may include larger lot sizes, increased setbacks and other standards more restrictive than established by other chapter sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.

[Amended 1-25-2016 by Ord. No. 2016-02]

Minimum required area. There shall be no ambiguity or alternate interpretation of the provisions of this Article VIII related to the minimum land area required for specific uses. Area of land, land area, lot size, parcel area, parcel size, tract area and any similar terms as related to the minimum area required shall be determined in accord with the definition of "lot area, minimum required" in § 400-303.

[Amended 1-25-2016 by Ord. No. 2016-02]

§ 400-802 Agriculture products processing and agricultural products processing for products raised on the premises.

[Added 1-25-2016 by Ord. No. 2016-02]

Agriculture products processing and agricultural products processing for products raised on the premises shall, in addition to all other applicable standards of this chapter, be subject to the following standards. (See § 400-846 for slaughterhouses which is a type of agricultural products processing regulated as a separate use with specific standards.)

Parcel size. A minimum parcel of five acres shall be required in all districts except the I Industrial District, where the minimum required lot size for the I District in Part 3 of the Schedule of Development Standards[1] shall apply.

[1]

Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.

Setbacks. The minimum setbacks for all buildings shall be 100 feet from property lines and road rights-of-way in all districts except the I Industrial District, where the minimum required setbacks for the I Industrial District in Part 4 of the Schedule of Development Standards[2] shall apply.

[2]

Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.

Other requirements. See also § 400-702E, Operations and storage, which requires all operations to be in a building, § 400-702H, Noise, § 400-702U which requires proof of compliance with state and federal regulations, § 400-704, Environmental impact statement, and § 400-709, Traffic impact statement.

§ 400-803 Airports and heliports.

The standards in this § 400-803, in addition to other applicable standards in this chapter, shall apply to all existing and proposed airports and heliports as defined and regulated by this chapter.

Conditional use. The existence of airport hazard zones limits the uses of surrounding landowners. No airport shall be permitted to make any change which would affect the location of airport surface zones, approach zones, or hazard zones, and no new airport shall be developed unless conditional use approval has been granted. In addition to the requirements of § 400-1209, the following procedures and criteria shall apply to any airport conditional use application. The following shall constitute changes at an airport requiring conditional use approval prior to the change:

(1)

Any extension of a runway's length or location;

(2)

Any change in the height of a runway;

(3)

The paving of any previously unpaved portions of a runway, taxiway or holding area if such paving results in any change in airport rating category under 67 Pa. Code § 471.5, as amended, effecting or altering the location or extent of any airport hazard zone;

(4)

Any change of runway direction or alignment;

(5)

Any change in the status of taxiways or holding areas affecting the location or extent of any airport hazard zones;

(6)

Any change in airport rating category under 67 Pa. Code § 471.5, as amended, effecting or altering the location or extent of any airport hazard zone.

(7)

Any other physical, legal or rating change, or change in methods of operation, flight paths or change in instrumentation or technology resulting in a change in the location or extent of any airport hazard zone.

Application contents. The application for conditional use shall contain the following documents and information:

(1)

A full narrative description of the airport and any changes proposed.

(2)

Plans and maps prepared by a registered professional engineer showing the airport and any changes proposed to the airport.

(3)

Plans and maps prepared by a registered professional engineer showing existing and proposed locations of the airport hazard zones.

(4)

Copies of all applications, correspondence, documents, maps or plans submitted to the FAA and the Bureau of Aviation relating to the proposed change or construction, rating change, or other rating, legal or physical change.

(5)

A plan showing how the lands or air rights negatively affected shall be acquired, if necessary.

(6)

A list of the names and addresses of all landowners negatively affected by the proposed airport or change within a height of 75 feet from the surface of said lands by the change in airport hazard zones.

(7)

A list of the names and addresses of all landowners adjoining lands owned or leased by the airport owner.

Engineering review. The Township Engineer shall review the application and report whether the application to the Planning Commission complies with all applicable ordinances, laws and regulations relating to airport hazard zones. The Township Engineer shall also report how the proposed airport or change will affect neighboring landowners and landowners in airport hazard zones. The Township Engineer shall also review and report on expected obstructions to aircraft resulting from the airport or change, and upon the adequacy, feasibility and practicality of the applicant's plan to acquire the necessary air rights.

Notice to FAA, the Bureau of Aviation, and the county. The Zoning Officer shall send a copy of the completed application to the Bureau of Aviation, FAA and the County Planning Department by certified mail at least 14 days before the date of the hearing.

Criteria to review. In acting on a conditional use, the Supervisors shall consider:

(1)

The effect upon reasonable use of properties affected by the proposal.

(2)

How the applicant plans to acquire any necessary air rights.

(3)

The character of the flying operations expected to be conducted at the airport;

(4)

The nature of the terrain within the airport hazard zone area;

(5)

The character of the community which is affected by the proposal;

(6)

The effect upon roads, development, transportation routes, and other aspects of the Township's Comprehensive Plan;

(7)

The provision of hazard lighting and marking;

(8)

The importance of aircraft safety.

Runway and landing pad setbacks. The edges and ends of any runway and/or helicopter landing pad shall be a minimum of 250 feet from any property line.

§ 400-804 Amusement parks.

Amusement parks are classified as conditional uses in certain districts, and in addition to all other applicable standards of this chapter, amusement parks shall be subject to the following standards:

Parcel size. A minimum parcel of five acres shall be required.

Fencing. A fence not less than six feet in height and of such design to restrict access shall completely surround the amusement park; and said fence shall not be placed less than 10 feet from any property line or public road right-of-way.

Structure height. No ride, structure or other amusement attraction shall be located closer to any setback line than the height of said ride, structure or amusement.

Hours of operation. Hours of operation shall be limited to the period between 9:00 a.m. and 11:00 p.m.

§ 400-805 Animal husbandry and crop production.

State-protected agricultural operations. Nothing in this chapter is intended to preclude the rights and protections of bona fide agricultural operations afforded by the Pennsylvania Right to Farm Law, as amended;[1] the Pennsylvania Agricultural Securities Area Law, as amended; and other applicable state statutes. Such rights and protections, in terms of limiting the application of the standards in this chapter, shall be afforded to such uses of land which meet the minimum definition of agricultural use as established by the applicable state statute.

[1]

Editor's Note: See 3 P.S. § 951 et seq.

Animal husbandry, commercial.

(1)

Minimum parcel size. The minimum parcel size for animal husbandry shall be 10 acres plus the minimum required lot area required for the district if a dwelling is located on the parcel.

(2)

Setbacks. Any barn or other indoor or outdoor area used for concentrated confinement of animals or manure storage shall not be less than 50 feet from any property line or road right-of-way.

(3)

Manure odors. Because the Township is a rural/agricultural area with farms, the spreading of manure as part of an ongoing agricultural operation and not associated with a concentrated animal feeding operation shall not be considered an offensive odor and shall be exempt from § 400-702K.

Animal husbandry, home use. (See § 400-806B for private horse stables.) A reasonable number of customary domestic animals may be kept on a residential lot without a zoning permit.

(1)

Reasonable number. Defined as the amount of animals an individual can manage within the restrictions of this chapter.

(2)

Confinement/fences. All animals shall be confined within the owner's property. All fences used to confine animals shall maintain a setback of not less than five feet from all property lines.

(3)

Nuisance. All premises shall be subject to all provisions of Township nuisance ordinances.

(4)

Hoofed animals. The keeping of cattle, goats, sheep, pigs or other hoofed animals not customarily considered pets shall require a minimum lot area of three acres plus an additional acre for each animal in addition to the first animal.

(5)

Setbacks. Stables, coops, runways or animal exercise pens shall be located more than 50 feet from lot lines or road right-of-way lines. Fences used to define a pasture shall maintain a setback of five feet from all property lines.

(6)

Wastes. All animal waste shall be managed to prevent any violation of the Township Nuisance Ordinance.

(7)

Commercial operations. The keeping of animals or fowl for any commercial purpose shall be defined as "animal husbandry, commercial" and shall meet the requirements of § 400-805B.

Crop production. Crop production shall be permitted in any district on any size of parcel of land.

§ 400-806 Animals, keeping of.

Table 806 Lot Size and Setbacks for Kennels and Stables
Type of Use	Minimum Lot Size (acres)	Land Requirements for Horses	Property Line Setback (feet)	Road** Setback (feet)	Existing Building*** Setback (feet)
Private stables in all districts	3	1 acre per horse*	50	50	100
Commercial stables/horses for hire	25	1 acre per horse	100	75	100
Animal shelters and kennels	5	Not applicable	100	100	200

NOTES:
*	In addition to the minimum lot size required for the principal use.
**	Applies to any public or private road right-of-way.
***	Applies to any existing principal residential or commercial building not located on the project premises.

Animal shelters and kennels.

(1)

Parcel size. A minimum parcel of five acres shall be required.

(2)

Setbacks. Any structure, outdoor kennels, or animal exercise areas used for the keeping of animals shall meet the setbacks on Table 806.

(3)

Parking. Adequate off-street parking shall be provided pursuant to this chapter with one space for each nonresident employee and one space per four animals kept on the premises.

(4)

Noise barrier. A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas or animal exercise areas not enclosed in a building.

(5)

Hours outdoors. All animals shall be restricted from using kennel areas not fully enclosed in a building from dusk to 8:00 a.m.

(6)

Wastes. All waste materials generated on the premises shall be disposed of at a PADEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in watertight containers in an area meeting the setbacks in § 400-806A(2) until disposed of, and proof of such disposal shall be provided to the Township upon request.

(7)

Nuisances. All animal wastes shall be stored in an area meeting the setbacks in § 400-806A(2) and shall be disposed of properly. The kennel shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property.

Stables, private. Private stables are permitted as an accessory use to a single-family residence in accord with the Schedule of Uses and the following conditions:

(1)

Parcel size. A minimum parcel of three acres shall be required.

(2)

Number of horses. One horse may be kept on the initial three acres plus one additional horse for each additional full acre.

(3)

Building size. The building used to house a horse shall meet the most current Society for the Prevention of Cruelty to Animals standards.

(4)

Fences. All horses shall be restricted from grazing or intruding on an adjoining property by adequate fences or other means. All such fences shall maintain a setback of not less than five feet from all property lines.

(5)

Parking. Adequate off-street parking and loading areas shall be provided pursuant to this chapter.

(6)

Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 806.

(7)

Existing structures. On parcels meeting the minimum parcel size requirement, the use of an existing structure for housing of horses, where the structure does not meet the required setbacks on Table 806, may be permitted as a conditional use, provided the applicant can document that no nuisances will be created due to noise, odor or other factors, and the Township can establish adequate conditions to assure the same.

(8)

Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.

(9)

Uses permitted. The following types of uses shall be permitted as part of the operation:

(a)

Breeding, raising, keeping and sale of horses, and necessary buildings and structures.

(b)

Training of horses, and necessary buildings and structures, including facilities for training only, which are set back in accord with Table 806.

(c)

Boarding of horses.

Stables, boarding, commercial and horses for hire. Commercial stables, including horses for hire, shall, in addition to all other applicable requirements of this chapter, comply with the following requirements:

(1)

Parcel size. A minimum parcel of 25 acres shall be required and a single-family residence for the owner or manager shall be permitted on the premises, provided all other provisions of this chapter and other applicable standards are met.

(2)

Number of horses. The number of horses permitted shall not exceed one horse per every one acre of land.

(3)

Building size. The building used to house the horses shall meet the most current Society for the Prevention of Cruelty to Animals standards.

(4)

Fences. All horses shall be restricted from grazing or intruding on an adjoining property by fences or other means. All such fences shall maintain a setback of not less than five feet from all property lines.

(5)

Parking. Adequate off-street parking shall be provided pursuant to this chapter with one space provided for each nonresident employee and one space per two horses kept on the premises.

(6)

Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 806.

(7)

Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.

(8)

Uses permitted. The following types of uses shall be permitted as part of the horse farm operation:

(a)

Breeding, raising, keeping and sale of horses, and necessary buildings and structures.

(b)

Training of horses, and necessary buildings and structures, including facilities for training only, which are set back in accord with Table 806.

(c)

Boarding of horses and necessary buildings and structures.

(d)

The hire of horses for riding or other use by persons other than the owners of the horses or the owners' guests.

(e)

Sale of horses other than the horses raised or boarded on the premises.

(f)

Retail sales of any goods or merchandise which are incidental and accessory to the stable use.

Wild or exotic animals. The keeping or housing of any wild or exotic animal, as defined in § 400-303, is prohibited in association with any residential use. The public exhibition or exposure of wild or exotic animals is considered a zoo or a menagerie, which are not permitted in Polk Township and are regional uses governed by § 400-401D.

§ 400-807 Archery ranges, outdoor commercial.

This § 400-807 is intended to provide minimum standards to regulate commercial outdoor archery ranges (hereinafter referred to as "ranges") in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.

Setbacks. All outdoor archery ranges shall be situated not less than 200 feet from any property line and not less than 300 feet from any principal residential or commercial structure existing on the effective date of this § 400-807. This shall not apply to structures on the same parcel as the shooting range.

Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting and stray arrows and prevent any projectile from leaving the site. The Township may require such additional safety features deemed necessary to meet the intent of this § 400-807. Such features may include, but shall not be limited to, increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.

Noise reduction. All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of § 400-702H unless more restrictive standards are required by the Township as a condition of approval.

Hours of operation. No arrow shall be discharged outdoors between the hours of dusk and dawn. However, the Township may establish more restrictive time limits as a condition of approval.

Fence. Security fencing may be required by the Township of such extent and design to restrict accidental access to any range.

Posting. A three-hundred-foot perimeter around any outdoor range shall be posted with warning signs to adequately inform anyone entering the area.

NFAA guidelines, state and federal regulations. The applicant shall provide evidence of compliance with any applicable National Field Archery Association guidelines and state and federal regulations.

§ 400-808 Bed-and-breakfast establishments.

Parking. Adequate off-street parking, paved per § 400-505J(3), shall be provided in accord with this chapter with the minimum number of parking spaces provided as follows: one space for each rentable room, one space for each nonresident employee, and two spaces for the dwelling unit.

Number of rooms. Not more than five rentable rooms shall be provided in the establishment.

Supervision. The owner or manager of the bed-and-breakfast shall reside on the premises.

Sewage disposal. Sewage disposal meeting the requirements of the Township and PA DEP shall be provided.

Nonconforming lots. Bed-and-breakfast establishments shall not be permitted on lots which are nonconforming in minimum area.

§ 400-809 Bulk fuel storage facilities.

In addition to all other applicable standards, bulk fuel storage facilities shall be subject to the specific regulations and requirements in this § 400-809 and shall be permitted only in those districts as specified in the Schedule of Uses. The Township shall establish, as part of the conditional use process, such other conditions such as increased setbacks and construction of dikes as necessary to protect the public health safety and welfare.

Parcel size. Bulk fuel storage facilities shall be located on a tract of land not less than five acres in area.

Setbacks. Storage tanks shall be located not less than 150 feet from any property line or any road or street right-of-way line. Cylinder-filling rooms, pumps, compressors and truck-filling stations shall be located not less than 200 feet from any property line and not less than 150 feet from any road or street right-of-way line.

Fence. The total tank storage area shall be entirely fenced with an eight-foot-high industrial-type security fence or have an equivalent protection barrier approved by the Township.

Other regulations. Bulk fuel storage facilities shall be developed in complete compliance with all applicable local, state, federal and insurance regulations and requirements.

§ 400-810 Concentrated animal feeding operations.

[Added 1-25-2016 by Ord. No. 2016-02]

This section is intended to provide standards for industrial-like agricultural operations with animal densities which are likely to create effects on the environment and community which exceed those effects normally associated with typical farming. It is not intended to supersede the Pennsylvania Nutrient Management Act in terms of regulation of the storage, handling or land application of animal manure or nutrients or the construction, location or operation of facilities used for the storage of animal manure or nutrients or practices otherwise regulated by the Act. The definitions and calculations in this section are intended to be consistent with the Nutrient Management Act, and all information and studies required by this section shall, at a minimum, include the information required by the Act.[1]

Compliance. Concentrated animal feeding operations shall, in addition to all other applicable requirements, comply with this § 400-810.

Definition. Any livestock operation which is defined as a concentrated animal feeding operation by Commonwealth of Pennsylvania regulations shall be considered a "concentrated animal feeding operation" for regulation by this chapter.

Standards. The following standards shall be applied to all CAFOs, and no approval shall be granted until all required information and plans have been submitted by the applicant and have been approved by the Township. Failure of the applicant to implement any of the required plans shall constitute a zoning violation subject to the penalties and remedies contained in this chapter.

(1)

Setbacks. CAFO buildings and corrals used for housing or confinement of animals shall not be less than 250 feet from any property line and not less than 500 feet from any existing principal building not located on the land with the CAFO.

(2)

Nutrient management. A nutrient management plan shall be prepared in accord with the requirements of Title 25, Chapter 83, Subchapter D, Pennsylvania Code.

(3)

Stormwater management. A stormwater management plan shall be prepared meeting the requirements of the applicable subdivision and land development ordinance.

(4)

Conservation. A conservation plan shall be prepared meeting the requirements of the County Conservation District.

(5)

Buffer. A buffer plan shall be prepared in accord with § 400-702C to minimize CAFO visibility from adjoining properties and minimize sound and odor emanating from the property.

(6)

Solid and liquid wastes. Solid and liquid wastes shall be disposed of in a manner to avoid creating insect or rodent problems, and an insect/rodent abatement plan shall be prepared.

(7)

Operation and management. The applicant shall demonstrate that he will meet operational and management standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity.

(8)

Waste discharge. No discharges of liquid wastes and/or sewage shall be permitted into a reservoir, sewage or storm sewer disposal system, holding pond, stream or open body of water, or into the ground unless the discharges are in compliance with the standards of local, state and/or federal regulatory agencies.

(9)

Odor. The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain agricultural activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare. (See also § 400-702K.)

(10)

Pesticides. The applicant shall document that the use of pesticides will meet state and federal requirements.

(11)

Floodplain. No CAFO buildings shall be erected in the one-hundred-year floodplain.

(12)

Other requirements. See also § 400-702H, Noise, and § 400-702U, which requires proof of compliance with state and federal regulations; § 400-704, Environmental impact statement, and § 400-709, Traffic impact study.

[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.

§ 400-811 Commercial communication devices.

The following regulations shall apply to commercial communication devices (CCD), including but not limited to, cellular phone antennas, antennas for communication service regulated by the PA Public Utility Commission, and other commercial antennas and associated facilities.

Purposes.

(1)

To accommodate the need for communication devices while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.

(2)

To minimize the adverse visual effects of communication devices and support structures through proper design, siting and vegetative screening.

(3)

To avoid potential damage to adjacent properties from communication device support structure failure and falling ice, through engineering and proper siting of support structures.

(4)

To encourage the joint use of any commercial communication device support structures and to reduce the number of such structures needed in the future.

Permits; use regulations. A permit shall be required for every CCD and support structure installed at any location, and the following use regulations shall apply:

(1)

Existing tall structures. A CCD site with a CCD that is attached to an existing communications tower, smokestack, water tower, or other tall structure where the height of the CCD does not exceed the height of the existing structure by more than 15 feet shall be permitted in all districts as an accessory use, and conditional use approval shall not be required. Any subsequent installations above the initial fifteen-foot-height increase shall be a conditional use. The applicant shall provide the following information:

(a)

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.

(b)

Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the applicable requirements.

(c)

Evidence of recorded agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the CCD and associated equipment can be accomplished.

(2)

New structures and CCD exceeding fifteen feet on existing structures. A CCD site with a CCD that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall be permitted only in C, RR and I Districts and shall require conditional use approval in accord with this § 400-811.

(3)

Associated use. All other uses ancillary to the CCD (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the CCD site, unless otherwise permitted in the zoning district in which the CCD site is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the CCD.

(4)

CCD as a second principal use. A CCD shall be permitted on a property with an existing use, subject to the following land development standards:

(a)

The CCD facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

(b)

The minimum lot area, minimum setbacks and maximum height required by this chapter for the CCD and support structure shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

(c)

The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(d)

The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.

Standards.

(1)

Location requirement and number. The applicant shall demonstrate to the satisfaction of the Township, using technological evidence, that the CCD and support structure must go where it is proposed in order to satisfy its function in the company's grid system. The number of CCD to be installed at a site by an applicant may not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant. The applicant shall provide information on the general location of other towers/sites planned for the region.

(2)

Co-location; new tower. If the applicant proposes to build a tower (as opposed to mounting the CCD on an existing structure), the Township may require the applicant to demonstrate that it contacted in writing the owners of tall structures within a five-mile radius of the site proposed, asked for permission to install the CCD on those structures, and was denied. This would include smokestacks, water towers, tall buildings, CCD support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the CCD on an existing structure thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed CCD. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

(a)

The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

(b)

The proposed equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.

(c)

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d)

Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(e)

A commercially reasonable agreement could not be reached with the owners of such structures.

(3)

CCD height. The applicant shall demonstrate that the CCD is at the minimum height required to function satisfactorily and provide adequate height for five service providers. The Township may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height) so that additional antennas arrays can be accommodated in addition to the arrays on the original tower to facilitate future collocation. CD equipment buildings shall comply with the accessory structure height limitations of the applicable zoning district. The Township may require stealth design (typically resembling a common tree) to ensure that the CCD is compatible with the surrounding landscape.

(4)

Setbacks. If a new CCD support structure is constructed (as opposed to mounting the CCD on an existing structure) or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the minimum setbacks in this § 400-811C(4) shall apply.

(a)

Separate parcel. If the parcel on which the CCD and support structure is a separate and distinct parcel, the distance between the base of the support structure and any adjoining property line shall not be less than the height of the CCD structure plus the normal setback for the district. The setback for equipment containers, other accessory structure and guy wire anchors shall be a minimum of 30 feet.

(b)

Lease, license or easement. If the land on which the CCD and support structure is leased, or is used by license or easement, the setback for any part of the CCD, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, the distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the CCD structure plus the normal setback for the district.

(5)

CCD support structure safety. The applicant shall demonstrate that the proposed CCD and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed CCD and support structure will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of any applicable building code. Within 45 days of initial operation, the owner and/or operator of the CCD and support structure shall provide a certification from a Pennsylvania registered professional engineer that the CCD and support structure comply with all applicable regulations.

(6)

Fencing; guy wires.

(a)

A fence shall be required around the CCD support structure, guy wire anchors and other equipment, unless the CCD is mounted on an existing structure. The fence shall be a minimum of eight feet and a maximum of 10 feet in height.

(b)

All guy wires shall be marked or colored to be clearly visible and shall not be artificially illuminated unless required by the FAA or FCC.

(7)

Landscaping. Landscaping may be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general buffer the CCD and support structure site from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping. If the CCD is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(8)

Co-location; other uses. In order to reduce the number of CCD support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including but not limited to other cellular phone companies, and local fire, police, and ambulance companies. The applicant shall provide evidence of written contact with all wireless service providers who supply service within the Township for the purpose of assessing the feasibility of co-located facilities. The applicant shall provide a letter of intent committing the CCD owner and his or 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. The proposed structure, if evidenced by need as determined by the Township, shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities.

(9)

Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the PA Public Utility Commission and other agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the CCD; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the CCD and support structure.

(10)

Access. Access to the CCD and support structure shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

(11)

Color and lighting; FCC and PennDOT notice. CCD support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, those near airports, or those which are otherwise subject to Federal Aviation Administration (FAA) regulations, shall comply with the said regulations. No CCD support structure may be artificially lighted except in accord with Federal Aviation Administration requirements. The applicant shall provide a copy of the response to notice of proposed construction or alteration forms submitted to the FAA and PennDOT Bureau of Aviation, and the CCD and support structure shall comply with all FAA and PennDOT requirements.

(12)

Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

(13)

Historic structures. A CCD shall not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.

(14)

Maintenance; discontinued use.

(a)

The CCD, support structure and any accessory structure shall be maintained and kept in a state of repair so that the same do not constitute a nuisance or hazard to the health or safety of the community or nearby residents or properties.

(b)

Should any CCD or support structure cease to be used as a communications facility, the owner or operator or then owner of the land on which the CCD and support structure is located shall be required to remove the same within 180 days of cessation of use. Failure to do so shall authorize the Township to remove the facility and assess the cost of removal to the foregoing parties. A copy of the relevant portions of any signed lease, license or other agreement or conveyance which requires the applicant to remove the facilities upon cessation of operations at the site shall be submitted at the time of application. The Township may also require a financial guarantee from the applicant for the removal of the structure, such guarantee in an amount deemed adequate by the Township and in a form approved by the Township Solicitor.

(15)

Fire-suppression system. The applicant shall provide details about any fire-suppression system installed in any accessory structure or equipment container associated with the CCD.

(16)

Application. As part of the conditional use application, the applicant shall also submit the following supplemental information:

(a)

A copy of the FAA's response to the submitted Notice of Proposed Construction or Alteration (FAA Form 7460-1).

(b)

Proof of compliance with applicable FCC, FAA, Commonwealth Bureau of Aviation and any applicable airport zoning regulation.

(c)

Proof that the proposed CCD does not interfere with public safety telecommunications as verified by an intermodulation study and other appropriate study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

(d)

A plot drawn to scale showing property boundaries, power locations, CCD height, guy wires and anchors, existing structures, elevation drawings and depicting typical design of proposed structures, parking, fencing, landscaping, and existing uses on adjacent property.

(e)

Name and address of the owners of the CCD and all equipment to be located at the site.

(f)

Copy of the 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.

(g)

A written agreement signed by the applicant and owner of the property to remove the CCD within 180 days of cessation of use, which written agreement, including financial guaranties, shall be in a form acceptable to the Township.

(h)

Written certification from the applicant and its engineer that the proposed CCD could not be placed on an existing CCD or facility under the control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.

(i)

A letter of intent committing the CCD owner and the common carriers using the CCD and their respective heirs, personal representatives, successors, and assigns to allow Polk Township and any other governmental agency to utilize the CCD to facilitate emergency equipment upon reasonable terms and conditions and to allow use of the CCD in the event of an emergency.

(j)

Any and all permits and/or approvals required from any and all local state and federal authorities must be obtained by the applicant and copies of same provided to the Township.

§ 400-813 Contractor yards.

The intent of this § 400-813 is to provide standards for access to public roads and setbacks for contractor yards. (See definition of "contractor yards" in Article III.)

Access to public roads.

(1)

Highway occupancy permit. Access roads to Township and state roads shall be in accord with a valid highway occupancy permit.

(2)

Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.

(3)

Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.

(4)

Access routes; road conditions. The applicant shall provide a map showing the public roads in the Township proposed to be used to access the operation and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use. The applicant shall also comply with the Township road bonding requirements.

Setbacks.

(1)

Residential and nonresidential buildings. Contractor yards and staging areas for equipment/materials shall not be less than 300 feet from any existing principal residential, commercial, institutional, public or semipublic building, other than such building located on the property on which the facility is located.

(2)

Property lines. Contractor yards and staging areas for equipment/materials shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.

(3)

Public roads. Contractor yards shall not be less than 50 feet from any public road right-of-way.

(4)

Streams, water bodies and wetlands. Contractor yards and staging areas for equipment/materials shall not be less than 100 feet from any stream, water body or wetland.

(5)

Slope. Contractor yards and staging areas for equipment/materials shall be located on slopes of less than 8%. Low spots and poorly drained places shall be avoided.

§ 400-814 Data storage centers.

[Added 8-25-2025 by Ord. No. 2025-06]

Data storage centers as defined in § 400-303 shall conform to the following requirements:

Minimum lot area: five acres.

The tract or assemblage of parcels developed as a unified development shall have direct access to an arterial, connector, or collector road, as those terms defined in the Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 345, Subdivision and Land Development.

An adequate second means of ingress and egress suitable for emergency access to the site shall be demonstrated.

All parking, principal structures, data center equipment, data center accessory uses, outdoor storage, fuel tanks, battery cells, and/or loading/unloading areas shall be screened by a 100-foot-wide buffer yard from all property lines. A 100-foot buffer is also required along the frontage of all streets. These buffer yards 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)

The following note shall be placed on the conditional use plans and on the recorded land development plan: "Plant materials shall be permanently maintained and any plant material which dies shall be promptly replaced by the landowner."

(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, front, and rear yards for building setback, and in case of conflict, the larger yard requirements shall apply.

(6)

All plantings shall conform to the standards of the Township's list of acceptable plant species. (See Subdivision and Land Development Ordinance.)

Data center equipment shall not be located between the principal structure(s) and the street upon which the parcel fronts. DCE shall be separated from all adjacent residential uses by principal buildings. 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.

All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of one tractor-trailer.

A minimum eight-foot-high black poly-coated chain link fence or other material and color approved by the Board of Supervisors shall be installed around the perimeter of the development.

No parking or loading/unloading shall be permitted on or along any public road.

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.

LEED (Leadership in Energy and Environmental Design) Certification is strongly encouraged as well as roof-mounted accessory solar energy systems.

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. (Note: Applicant shall comply with all Polk Building Code requirements regarding interior radio coverage.)

Evidence of adequate water and sewage disposal service shall be provided to the township with the conditional use application.

(1)

Public water/sewer supply. In the case of utilization of a publicly owned or other existing centralized water supply and/or sewage disposal system the developer shall submit a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification of the adequacy of the utility system to serve the proposed development. This letter shall be supplied with the conditional use application.

(2)

On-lot water supply. If an approved public water supply is not accessible and water is to be furnished on a project basis, the applicant shall, with submission of the conditional use application, submit written evidence that applicant has complied with all Township and state regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PA DEP, and any other applicable regulations.

(a)

Water resources impact study. A water resources impact study shall be required for all data storage center developments with an anticipated withdrawal of 4,000 or more gallons of water per day over a thirty-day period.

(b)

The applicant shall provide proof of review and approval from the Delaware River Basin Commission (DRBC) for projects that have:

[1]

Water withdrawals of 100,000 gallons per day (gpd) or more over a thirty-day average from any source or combination of sources within the applicable River Basin.

[2]

Any consumptive water use of 20,000 gpd or more over a thirty-day average from any water source.

(3)

On-lot sewage disposal. The applicant shall demonstrate safe and adequate on-lot sewage disposal capacity for the submission of the conditional use application. This shall include a report detailing the proposed sewage flow generation, soil testing performed and the results of those tests, anticipated pollutant/heat removal technologies and methods, and a map showing the sewage disposal area, along with all conveyance infrastructure and treatment tanks and equipment. The Township Sewage Enforcement Officer shall be notified prior to conducting preliminary deep soil test pit evaluations and percolation/hydraulic conductivity testing.

An Environmental Impact Assessment shall be performed and submitted with the conditional use application. 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)

The potential for public nuisance to residents resulting from operations, including noise, glare, light, and visual obstacles.

(2)

A Stormwater Management Plan, demonstrating compliance with the Polk Township Subdivision and Land Development Ordinance, § 345-609.

(3)

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.

(4)

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.

(5)

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.

The applicant shall provide an interconnection agreement with the conditional use application from the applicable electric service provider indicating that the necessary capacity is available, and the data storage center will be served. Known impacts on electric rates or availability for others uses directly attributable to the data storage center project shall be noted.

Fire protection plan. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and the Polk Township Fire Company (or other applicable successor local fire company) for review and comment. A Knox-type box shall be installed on all access gates for emergency access by the Polk Township Fire Company (or other applicable successor local fire company) and other emergency responders.

Permission to apply. An affidavit or evidence of agreement between the property owner and applicant and/or operator confirming the applicant and/or operator has permission to apply for the conditional use.

Noise control.

(1)

For data storage center uses, it shall be demonstrated through a sound study conducted by a professional acoustical expert that the installation of one or more sound reducing materials or systems, approved by the Township professional acoustical expert, will effectively reduce the sound generated by the data center and associated DCE during normal operations and testing and maintenance operations (i.e., all standby emergency equipment, including by not limited to generators) to a maximum daytime (7:00 a.m. to 8:00 p.m. Monday to Friday) decibel level of 67 dB(A) and a maximum nighttime (8:00 p.m. to 7:00 a.m. Monday to Friday and all day Saturday and all day Sunday) decibel level of 57 dB(A) as measured from all external property lines of the data center use. Such sound study or studies shall be conducted using sound level meters described in ANSI S1.4-2014 and using generally accepted criteria. A sound study shall be conducted at the following phases:

(a)

A preliminary sound study for the data storage center and associated DCE shall be conducted as part of the conditional use process. The preliminary sound study shall recommend the sound reducing materials or systems to meet the aforesaid sound limits.

(b)

An interim sound study shall be conducted during the building permit process based upon the proposed user or users of the data storage center and associated DCE depicted on the building plans. The sound reducing materials or systems recommended by the interim sound study shall be incorporated into the construction plans for the data storage center.

(c)

An as-built sound study shall be conducted six months after issuance of the certificate of occupancy for any data storage center and associated DCE prior to the final escrow release for any data storage center land development phase. An as-built sound study may also be required thereafter by the Township upon request.

(d)

If it is determined by an as-built sound study that there is a violation of the aforesaid sound limits, then the owner or occupant of the data storage center shall promptly remediate the violation.

(e)

In the event of a failure by the owner or occupant to remediate a sound violation within 90 days of notification of the violation, the Township may revoke any zoning and/or other permit(s) previously issued for the data storage center.

§ 400-818 Flea markets, outdoor.

[Added 1-25-2016 by Ord. No. 2016-02]

Flea markets, outdoor shall, in addition to all other applicable standards of this chapter, be subject to the following standards:

Parcel size. A minimum parcel of five acres shall be required.

Setbacks. The minimum setbacks for all buildings, any display of goods not fully enclosed in a building and all parking areas shall be 75 feet from property lines and road rights-of-way.

Parking requirements.

(1)

Compliance. Parking shall comply with § 400-505 or 345-612 of Chapter 345, Subdivision and Land Development, as applicable. [See also § 400-505I or Chapter 345, Subdivision and Land Development, § 345-612I, for required setbacks, and § 400-505J(4) or Chapter 345, Subdivision and Land Development, § 345-612J(4), for low-use parking area surfacing.]

(2)

Parking area activities. Sales or display areas or other activities not required by the applicable parking standards shall not be permitted in parking areas.

Access. Access to the outdoor flea market shall be from a road of collector or higher classification in compliance with § 400-505H or Chapter 345, Subdivision and Land Development, § 345-612H, as applicable.

Other requirements. See also § 400-702E, Operations and storage, which allows outdoor sales as a conditional use, § 400-704, Environmental impact statement, and § 400-709, Traffic impact study, which apply to any use with 81,720 square feet or more of soil disturbance or 43,560 square feet or more of impervious areas.

§ 400-819 Forestry.

Permit required. A permit shall be required for all forestry.

Soil erosion and sedimentation and stormwater control. Any earth disturbance shall comply with § 400-702N and a soil erosion and sedimentation control plan shall be required. No earth disturbance or clear cutting shall be permitted within 25 feet of any water body or stream except for approved stream crossings.

Monroe County Conservation District (MCCD). No timber harvesting shall be conducted unless and until a soil erosion and sedimentation control plan is submitted to the Monroe County Conservation District (MCCD) and approved by MCCD. Prior to the commencement of any forest harvesting, the approved soil erosion and sedimentation control plan will be submitted to the Township. All requirements of a soil erosion and sedimentation control plan approved by MCCD shall be followed and implemented during any forest harvesting. The Township reserves the right to revoke any permit issued hereunder for forest harvesting in the event of any violations or failure to comply with an approved soil erosion and sedimentation control plan.

[Amended 2-28-2022 by Ord. No. 2022-02]

Township road bond. The Township may require a bond, letter of credit or other financial guarantee to assure that any damage to Township roads, including excessive accumulation of mud and dirt, necessitating the cleaning of the roadway, caused by logging or any other forestry is repaired at the cost of the person causing such damage. The amount of the bond shall be based on the extent of the operation, the Township roads used by the operation and the recommendation of the Township Engineer; the term and form of the bond shall be approved by the Township Solicitor.

[Amended 2-28-2022 by Ord. No. 2022-02]

Access to public roads.

(1)

Highway occupancy permit. Access roads to Township and state roads shall be in accord with a valid highway occupancy permit.

(2)

Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.

(3)

Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.

(4)

Use of public roads. Felling or skidding on or across any public road shall be prohibited without the express written authorization of the Township or the Pennsylvania Department of Transportation, as applicable.

(5)

Road ditches. Ditches on the public road shall be cleaned and graded as necessary to be maintained to pre-harvest condition.

Setbacks.

(1)

Residential and nonresidential buildings. Landing areas and log storage areas shall not be less than 200 feet from any existing residential, commercial, institutional, public or semipublic building, other than such building located on the property on which the landing is located.

(2)

Property lines. Landing areas and log storage areas shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.

(3)

Public roads. Storage yards shall not be less than 50 feet from any public road right-of-way.

(4)

Streams, water bodies and wetlands. Storage yards shall not be less than 100 feet from any stream, water body or wetland.

(5)

Slope. Storage yards shall be located on slopes of less than 8%. Low spots and poorly drained places shall be avoided.

§ 400-820 Gaming establishments.

Separation. A gaming establishment shall not be permitted within 1,000 feet of any other separately deeded lot containing a gaming establishment. The distance between any two such facilities shall be measured in a straight line, without regard to intervening structures, from the closest points on each of the exterior lot lines of the separately deeded lots upon which each facility is located.

Setbacks. No gaming establishment shall be located on the same separately deeded lot or within 1,000 feet of any separately deeded lot which contains any one or more of the following uses. The distance between any such facility and any listed use shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the separately deeded lot on which the facility is located to the closest point of the property line of the listed use.

(1)

Camp (for minors activity);

(2)

Child day-care facility;

(3)

House of worship or related use, or other similar religious facility;

(4)

Community center;

(5)

Museum;

(6)

Parks and playgrounds;

(7)

School or any kind of educational institution that provides instructions to minors;

(8)

Other lands where minors congregate;

(9)

Any residential use.

One facility per building. No more than one gaming establishment may be located within one building or be located on the same separately deeded lot.

Nuisances. The applicant shall furnish evidence satisfactory to the Township as to how the use will be controlled so as to not constitute a nuisance, particularly concerning noise, loitering outside the building, hours of operation, light, and/or litter.

Litter. A working plan for the cleanup of litter shall be furnished and implemented by the applicant, subject to the approval by the Township.

§ 400-821 Hotels, motels, and resorts.

This § 400-821 is intended to provide specific standards for the development of hotels, motels and resorts at unit densities that allow use of the project parcel while at the same time recognizing the limitation of the proposed site. Specific performance standards are provided to allow for flexibility of design and to insure the protection of adjoining properties and the public health, safety and general welfare.

Minimum parcel size. The minimum lot size required for these uses shall be 2,000 square feet of lot area for each single room with bath and no kitchen facilities and 5,000 square feet of lot area for each apartment or unit with kitchen facilities. However, in no case shall the parcel be less than two acres.

Design criteria.

(1)

Setback, building height, lot width and depth, and lot coverage ratios applicable to the district shall be maintained.

(2)

All facilities in a hotel, motel or resort shall be on the same parcel of property and shall not contain any commercial facility unless such commercial facility is otherwise permitted in the district where the subject property is located.

§ 400-823 Junkyards.

Junkyards are considered regional uses permitted only in certain districts in the Planning Region in accord with § 400-401D and are not permitted in Polk Township. Changes and expansions of nonconforming junkyards in Polk Township shall, in addition to other Township ordinances and all other applicable regulations, be subject to the following conditions:

Property owner responsibility. It shall be the ultimate responsibility of the property owner of the premises upon which any junk is situated and the owner of any such junk to comply with this chapter and to provide for the removal of such junk and remediation of any environmental problems associated with any junk.

Operating standards. All existing and proposed junkyards licensed under the provisions of this chapter shall be established, maintained, and operated in accord with the following standards:

(1)

Federal and state regulations. Any junkyard located adjacent to a Federal Aid Highway shall comply with all regulations of the Federal Highway Administration, and all junkyards shall meet the licensing and screening requirements of the Commonwealth of Pennsylvania.

(2)

Fencing. All junkyards shall be completely enclosed by a chain-link fence not less than eight feet in height. All fences and gates shall be maintained in good repair and in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence. The foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk as defined in this chapter.

(3)

Screening. All junkyards shall be screened to the satisfaction of the Township from any adjoining or neighboring property, any public road right-of-way, or any other premises; and, natural vegetative cover shall be maintained in all required setback areas. Vegetative plantings of sufficient height and density, berms, topography or fencing of such design may be used to effect the required screening as determined by the Township. All screening shall be maintained in such fashion as to continue to provide the required screening.

(4)

Setbacks. The fence enclosing any junkyard and any structures associated with the junkyard shall be located not less than 50 feet from any public road right-of-way, 50 feet to any property line and 200 feet from any adjoining zoning district.

(5)

Dumping. The area used for a junkyard shall not be used as a dump area for any solid waste as defined by this chapter.

(6)

Burning. No burning whatsoever shall be permitted on the premises.

(7)

Water bodies. No junkyard shall be located less than 200 feet from any body of water, stream, wetland or well.

(8)

Hazardous materials. In cases where the junkyard includes 10 or more junk vehicles or where the Township deems it necessary to meet the intent of this chapter, and to further protect groundwater and surface water, all batteries, coolants, gasoline, diesel fuel, engine oil, any other petroleum products and any other noxious or potentially contaminating materials must be removed from all junk within two working days after arrival to the premises and shall be disposed of in a manner meeting all state and federal requirements. Such liquids and materials, while stored on the premises, shall be kept separately in leakproof containers at a central location on the premises.

(9)

Water quality. In cases where the junkyard includes 10 or more junk vehicles or where the Township deems it necessary to meet the intent of this chapter, the owner of any junkyard shall be required to monitor the ground and surface water in the vicinity of the junkyard. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage of junk if water drainage from the junkyard area is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from the stream at a point upstream of the junkyard drainage area and one sample shall be taken from the stream at a point below the junkyard drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township, and results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the junkyard shall cease operation until such time as the source of the contamination has been identified and corrected in accord with DEP requirements.

(10)

Fire lanes. Fire lanes of a minimum width of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

(11)

Hours of operation. Any activity associated with the operation of the junkyard that produces any noise audible beyond the property line shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m. During business hours, an adult attendant shall, at all times, remain on the premises.

(12)

Stacking of junk. Junk vehicles or major parts thereof shall not be stacked on top of any other junk vehicle or major part. No junk shall be stacked or piled to a height of greater than six feet.

(13)

Nuisances. All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin. Within two days of arrival on the premises, all glass shall be removed from any broken windshield, window or mirror, and all trunk lids, appliance doors and similar closure devices shall be removed. Grass and weeds on the premises shall be kept mowed.

(14)

Waste. Waste shall not be stored outside and shall not be accumulated or remain on any premises except temporarily awaiting disposal in accord with this chapter. No junkyard shall be operated or maintained in violation of any state or federal regulations governing the disposal of any solid or liquid waste.

(15)

Fireproof structures. Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.

§ 400-826 Large-scale retail/commercial land development.

General provisions.

(1)

Applicability. This § 400-826 applies to all large-scale retail/commercial land developments.

(2)

Intent.

(a)

This § 400-826 addresses the physical relationship between large-scale retail/commercial land development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Polk Township's vision for an attractive, efficient, and livable community as described in the Regional Comprehensive Plan.

(b)

The general intent of this § 400-826 is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner so as to provide an efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to a regional road system.

(c)

More specifically, large-scale retail/commercial development shall:

[1]

Create safe, efficient and separate pedestrian and vehicular circulation patterns;

[2]

Protect existing residential areas from incompatible land uses;

[3]

Result in well-planned and well-designed development in scale and character with the setting;

[4]

Minimize the conflict between nonresidential and residential uses;

[5]

Manage access along the Township's commercial road frontages;

[6]

Enhance streetscapes along road corridors and monitor and control billboards and other large signs;

[7]

Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;

[8]

Accommodate planned interconnected Township and regional open space within commercial areas;

[9]

Protect large trees and other natural resources in accordance with the conservation design process in Chapter 345, Subdivision and Land Development; and

[10]

Protect property values.

(3)

Conflict. In the case of conflict between this § 400-826 and the other requirements of this chapter or Chapter 345, Subdivision and Land Development, the more restrictive standard shall apply.

Land development standards.

(1)

Intensity of development, area and bulk regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of Chapter 345, Subdivision and Land Development.

(2)

Traffic design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in Chapter 345, Subdivision and Land Development.

(3)

Pad sites as part of large-scale retail/commercial development. For pad site buildings located within 150 feet of a perimeter road of any classification, parking and aboveground utilities including mechanical equipment and trash collection areas shall be prohibited between the building and the road, but driving aisles shall be permitted between the building and the road.

(4)

Common open space. Common open space shall be provided in accordance with the recreation land dedication requirements of Chapter 345, Subdivision and Land Development.

(a)

The common open spaces shall follow the design requirements in Chapter 345, Subdivision and Land Development.

(b)

In calculating common open space as required by Chapter 345, Subdivision and Land Development, the following standards shall apply:

[1]

Areas not credited. Lands within the following areas shall not be counted towards the required common open space or pedestrian amenities:

[a]

Private yards;

[b]

Landscaping and screening otherwise required by this chapter and Chapter 345, Subdivision and Land Development;

[c]

Public or private roads or rights-of-way;

[d]

Parking areas and driveways for dwellings; and

[e]

Water quality and stormwater detention ponds.

[2]

Dimensional requirements. Common open space areas shall have a minimum area of 300 square feet and in no case shall the length or width be less than 10 feet. Common open space shall not exceed 20,000 square feet except where continuing an adjacent trail, park, or continuation of open space land.

(c)

Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.

[1]

Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.

[2]

Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 400-702C.

[3]

Outdoor sales areas.

[a]

Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.

[b]

Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.

[c]

If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.

(d)

Landscaping. Landscaping shall meet the requirements of § 400-702C and D and Chapter 345, Subdivision and Land Development.

(e)

Parking. Parking shall meet the requirements of § 400-505.

(f)

Screening. In addition to the requirements in this §§ 400-826B(4)(f) and 400-702C, screening shall also meet the requirements of Chapter 345, Subdivision and Land Development. In the case of conflict, the more restrictive shall apply.

[1]

Mechanical equipment.

[a]

All ground-mounted and wall-mounted mechanical equipment, and any permitted outdoor storage, shall be fully screened from on-site and off-site ground level views, with building materials identical to or of equal quality to those used on the building exterior.

[b]

All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from public streets adjacent to or within 1,000 feet of the subject property. Fences, chain-link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.

[2]

Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 400-702D and Chapter 345, Subdivision and Land Development.

[3]

Solid waste. Dumpsters, refuse containers and other solid waste collection, storage, and conveyance facilities shall be screened in accordance with §§ 400-702C and 400-703.

(g)

Pedestrian and bicycle facilities. The land development shall provide for safe pedestrian and bicycle access as set forth in Chapter 345, Subdivision and Land Development.

(h)

Signs. All signs shall comply with the regulations in Article XI.

(i)

Building vacancy and reuse.

[1]

Bond required. A maintenance/restoration bond shall be established by the applicant to ensure the building and all amenities on the site are maintained if the building becomes vacant. The amount of such bond shall be based on estimates prepared by a registered professional engineer at the cost of four years of maintenance of all site improvements and the cost of razing the building and removing all demolition materials. The estimates shall be increased by 15% annually to reflect inflation.

[2]

Vacancy. If the building remains vacant for one year and site improvements are not maintained over this period, the Township may exercise the bond to pay for site maintenance. If the building remains vacant for a period of four years, the Township may exercise the bond to remove the building from the site.

§ 400-827 Medical marijuana.

[Added 2-28-2022 by Ord. No. 2022-04]

Purpose. The purpose of this section is to establish process and standards for the establishment, construction, and operation of medical marijuana facilities, pursuant to the Pennsylvania Medical Marijuana Act, Act 16 of 2016, 35 P.S. §§ 10231.101 through 10231.2110 (hereinafter "the Act"), to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.

District regulations.

(1)

Medical marijuana grower/processors are permitted as a conditional use in the Commercial (C) and Industrial (I) districts, with consideration for the applicable performance standards found in Subsection D(1) of this section.

(2)

Medical marijuana transport vehicle offices are permitted as a conditional use in the Commercial (C) and Industrial (I) districts, with consideration for the applicable performance standards found in Subsection D(2) of this section.

(3)

Medical marijuana dispensaries are permitted as a conditional use in the Commercial (C) district, with consideration for the applicable performance standards found in Subsection D(3) of this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACADEMIC CLINICAL RESEARCH CENTER

An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.

CAREGIVER

The individual designated by a patient to deliver medical marijuana.

CERTIFIED MEDICAL USE

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification under the Act.

CLINICAL REGISTRANT

An entity that:

(1)

Holds a permit both as a grower/processor and a dispensary; and

(2)

Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health (hereinafter "DOH") to dispense medical marijuana.

FORM OF MEDICAL MARIJUANA

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.

IDENTIFICATION CARD

A document issued by the DOH that permits access to medical marijuana.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania in accordance with the Act.

MEDICAL MARIJUANA DELIVERY VEHICLE FACILITY

Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.

MEDICAL MARIJUANA ORGANIZATION OR FACILITY

A dispensary or a grower/processor of marijuana for medical purposes.

PERMIT

A permit issued to a grower/processor or a dispensary under 35 P.S. § 10231.609.

REGISTRY

The registry established by the DOH for all medical marijuana organizations and practitioners.

Use regulations.

(1)

Medical marijuana grower/processor.

(a)

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by DOH regulations. 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.

(b)

The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.

(c)

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(d)

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.

(e)

The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(f)

Additional buffering above what is required in the section may be appropriate depending on the location of the facility and proximity of surrounding uses.

(g)

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

(h)

Applicant shall be required to produce a grower/processor permit issued by the DOH.

(i)

For purposes of application of zoning ordinance requirements, a grower/processor shall be considered a manufacturing facility.

(2)

Medical marijuana transport vehicle facility.

(a)

All vehicles shall be stored in a secure garage facility. No vehicles will be permitted to be parked outside the secured garage.

(b)

The garage will be a secure facility which includes electronic locking systems, electronic surveillance and other features required by DOH regulations.

(c)

The facility shall be enclosed in fencing not less than six feet in height.

(d)

Medical marijuana will not be permitted to be stored in any of the vehicles parked at such facility.

(e)

For purposes of application of zoning ordinance requirements, medical marijuana transport vehicle facility shall be considered a contractor's yard.

(f)

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

(g)

Additional buffering above what is required in the Ordinance may be appropriate depending on the location of the facility and proximity of residences.

(3)

Medical marijuana dispensary.

(a)

A medical marijuana dispensary shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

(b)

A medical marijuana dispensary 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)

A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(d)

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(e)

A medical marijuana dispensary shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(f)

A medical marijuana dispensary shall:

[1]

Not have a drive-through service.

[2]

Not have outdoor seating areas.

[3]

Not have outdoor vending machines.

[4]

Prohibit the administering of, or the consumption of, medical marijuana on the premises.

[5]

Not offer direct or home delivery service.

(g)

A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(h)

A medical marijuana dispensary may not be located within 1,000 feet of the 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.

(i)

A medical marijuana dispensary 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 or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(j)

Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

(k)

Additional buffering above what is required in the Ordinance may be appropriate depending on the location of the facility and proximity of residences.

(l)

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(m)

Applicant shall produce the dispensary permit issued by the DOH.

(n)

For purposes of application of zoning ordinance requirements, dispensary shall be considered a retail business.

Statutory and regulatory requirements. In addition to the within regulations, applicant shall demonstrate compliance with all statutory requirements set forth in the Act, as well as regulations thereunder and any and all other requirements of the DOH.

Severability. If any section, subsection, sentence, clause or phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion thereof.

Penalties. Any owner, operator, or other person who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay to the Township a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by the Township without further judicial proceedings. Further, the appropriate officers or agents of the Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township. A person who violates this section shall also be responsible for the Township attorney's fees, engineering fees, expert fees and court costs reasonably incurred by the Township on account of such violation.

§ 400-828 Mineral extraction.

Findings. The primary minerals of importance extant in the Township are sand and gravel, and quarry stone. The Pennsylvania Municipalities Planning Code[1] clearly recognizes mineral extraction as a lawful use. Along with other community effects, such uses can have impacts on water supply sources and are governed by state statutes that specify replacement and restoration of affected water supplies. In addition, the Planning Code now severely limits the range of development and operational standards which can be applied to mineral extraction by local municipalities, with location standards the primary tool available to the Township. The Municipalities Planning Code § 603(1)[2] states that zoning ordinances shall provide for the reasonable development of minerals in each municipality. The code definition of "minerals" is: "Any aggregate or mass of mineral matter, whether or not coherent." The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas. The code, at § 603(b), allows zoning ordinances to regulate mineral extraction, but only to the extent that such uses are not regulated by the state Surface Mining Conservation and Reclamation Act,[3] the Noncoal Surface Mining Conservation and Reclamation Act,[4] and the Oil and Gas Act.[5] These acts regulate such things as setbacks, dust, noise, blasting, water supply effects, and reclamation.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See 53 P.S. § 10603(1).

[3]

Editor's Note: See 52 P.S. § 1396.1 et seq.

[4]

Editor's Note: See 52 P.S. § 3301 et seq.

[5]

Editor's Note: See now 58 Pa.C.S.A. § 3201 et seq.

Intent. The intent of this § 400-828 is to ensure the Township is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare.

Use classification; mineral processing a separate use.

(1)

Use classification. Mineral extraction shall be allowed only in those districts as listed in the Schedule of Uses.

(2)

Mineral extraction, minor. The intent of this § 400-828C(2) is to permit mineral extraction operations limited in area, duration and mechanical operations.

(a)

Mineral extraction operations with an open face of 10,000 square feet or less which will not result in a total disturbed area of more than two acres on any one parcel over the life of the operation, and which do not involve on-site screening, washing, crushing and grading, and/or any mineral processing or the use of manufacturing equipment, shall be hereinafter referred to as "mineral extraction, minor."

(b)

The duration of the minor mineral extraction process shall not exceed 180 days, and reclamation of the entire site shall be completed within one year of the issuance of the zoning use permit.

(c)

The subdivision of a parcel to qualify for additional mineral extraction, minor uses shall not be permitted.

(d)

Mineral extraction, minor uses shall be exempt from the plan submission requirements of this § 400-828; however, said operations shall comply with the operational and rehabilitation standards.

(3)

Mineral processing.

(a)

Separate and distinct use. Any use which involves the refinement of minerals by the removal of impurities, reduction in size, transformation in state, or other means to specifications for sale or use, and the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products, shall be considered mineral processing, a separate and distinct use regulated as a regional use by this chapter.

(b)

Incidental with extraction operation. This shall not preclude the incidental screening, washing, crushing and grading of materials originating on the site as part of a mineral extraction operation.

Standards. In addition to the performance standards in § 400-702 and all other applicable standards of this chapter which are not preempted by state statute, mineral extraction shall comply with the following:

(1)

Parcel size. The minimum parcel size shall be 10 acres for mineral extraction, minor and 50 acres for mineral extraction.

(2)

Setback. A setback of 200 feet shall be maintained between any disturbed area associated with any mineral extraction operation and adjoining properties and public road rights-of-way.

(3)

Undisturbed buffer. The required setback areas shall be undisturbed to provide a buffer and shall not be used for parking, storage or any other purpose associated with the operation except landscaping and crossing of access roads.

(4)

Conditional use buffers. In determining the type and extent of the buffer required for conditional uses, the Township shall take into consideration the design of any project activities and/or structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

(a)

If required, the landscaped buffer may be installed in the setback area, and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide.

(b)

Buffers shall be designed in accord with § 400-702C and the design details shall be included on the site plan. Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 345, Subdivision and Land Development.

(c)

It shall be the responsibility of the applicant and/or operator to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.

(5)

Access routes; road conditions.

(a)

Mineral extraction operations shall be permitted only on sites using access to a state road.

(b)

The applicant shall provide a map showing the public roads in the Township proposed to be used to access the operation and provide an evaluation of the condition of any Township road which will be used and the potential damage which may occur from such use.

(6)

Conditions of approval. If the Township determines that the standards in § 400-702 which are not preempted are not adequate for a conditional use, the Board of Supervisors shall attach such other conditions deemed necessary to protect the public health, safety and welfare, provided the conditions do not include requirements which are preempted by state statute. Such conditions imposed by the Board of Supervisors may be related to hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.

(7)

Fence. A chain-link fence not less than six in height shall be installed to prevent access to any area where an excavation or change in elevation presents a public hazard.

Local, state and federal regulations. Mineral extraction and mineral extraction, minor operations shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations. Applicable laws and rules and regulations include, but are not limited to, the Noncoal Surface Mining Conservation and Reclamation Act[6] and the Clean Streams Law.[7]

[6]

Editor's Note: See 52 P.S. § 3301 et seq.

[7]

Editor's Note: See 35 P.S. § 691.1 et seq.

Information requirements for mineral extraction (but not for mineral extraction, minor). The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 345, Subdivision and Land Development. In addition, the applicant shall submit all other information required to enable the Township to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Township based on this information shall serve as a basis for the establishment of conditions of approval in accord with § 400-1209D(6) and § 603(c)(2) of the Pennsylvania Municipalities Planning Code.[8]

(1)

DEP application information. The applicant shall provide a copy of all applications and information required by the applicable DEP Rules and Regulations. However, applicants proposing mineral extraction operations qualifying as small noncoal operations under DEP regulations shall provide all information required by Chapter 77, Noncoal Mining, of DEP Rules and Regulations for operations which are not considered small noncoal operations.

(2)

Surface and groundwater protection, traffic impact study and environmental impact statement. The Township shall require for mineral extraction and may require for mineral extraction, minor, the applicant to submit details about ground and surface water protection (see § 400-702M), an Environmental Impact Statement (see § 400-704), and a Traffic Impact Study (see § 400-709).

(3)

Emergency response. The Applicant shall develop a Emergency Preparedness, Prevention and Control Plan in accord with state and federal requirements and generally accepted practice and submit the Plan for review and comment by the Township.

[8]

Editor's Note: See 53 P.S. § 10603(c)(2).

Reporting requirements for mineral extraction (but not for mineral extraction, minor) For any mineral extraction operation approved by the Township, the operator shall submit to the Township copies of all DEP-required or DEP-issued documents and reports associated with the operation, within 15 days of the date of the document or report.

Expansion of nonconforming operations. Mineral extraction and mineral extraction, minor operations which are nonconforming by location in a zoning district where such operations are not allowed by the Schedule of Uses may expand to the limits of the DEP permit in effect at the time the operation became nonconforming. Any such expansion shall comply with the requirements of this § 400-828.

§ 400-841 Self-storage facilities.

[Amended 6-23-2025 by Ord. No. 2025-05]

Self-storage facilities shall be permitted only in those districts as specified in the Schedule of Uses and shall comply with the following standards in addition to all other applicable standards of this chapter:

Bulk requirements. Minimum lot size, lot width and setbacks, and maximum lot coverage and building height shall conform to district standards. Minimum distance between buildings shall be 20 feet.

Setback areas. There shall be no storage, use or structure within the setback area, with the exception of the access drive(s).

Fence. The facility shall be surrounded by a fence of such height and design as to restrict access to the warehouse, and said fence shall not be less than six feet in height and shall be located between the warehouse and any required vegetative screening.

Habitation. No storage unit shall be used for habitation or residential purposes and individual mini-warehouse units shall not be served by a water supply or a sewage disposal system.

Storage limitations. No storage unit shall be used for any other purpose except storage and shall not be used for any other type of commercial or manufacturing activity. No material, supplies, equipment or goods of any kind shall be stored outside of the warehouse structure, with the exception of the vehicles required for the operation of the warehouse and boats and recreational vehicles and trailers.

Lighting. All facilities shall be provided with adequate outdoor lighting for security purposes; and such lighting shall be so directed as to prevent glare on adjoining properties.

Fire/water damage. All storage units shall be fire-resistant and water-resistant.

Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to insure that the requirements of this § 400-841 are or will be satisfied.

Minimum lot size for any self-storage facility shall be five acres.

§ 400-845 Shopping centers, malls, and multiple occupant commercial buildings.

It is the intent of this § 400-845 to provide standards for the flexibility of design of shopping centers and malls, and multiple-occupant commercial buildings (referred to as "multiple-occupant commercial buildings") while at the same time to assure the compatibility of the commercial development with the surrounding character of the Township. This shall be accomplished by:

Siting buildings, parking areas and other facilities and improvements based upon the particular topography of development site;

Designing buildings with consideration of architectural style and type of construction material in keeping with the surrounding landscape and development pattern;

Providing safe and convenient vehicle and pedestrian access from the public right-of-way based on the existing area-wide traffic circulation pattern and the expected traffic generated by the proposed use;

Designing parking areas to complement patterns of traffic and pedestrian flow and to provide adequate off-street parking for shopping center patrons;

Maintaining to the greatest extent possible natural vegetation and provide landscaping as an integral part of the overall design of the proposed use and parking areas;

Considering the impact of stormwater, noise, traffic and lighting on surrounding land uses and providing buffers to minimize adverse impacts;

Conditional use and land development. Any proposed multiple occupant commercial building shall be considered a conditional use and, in addition to the other applicable requirements of this chapter, shall be subject to the requirements of this § 400-845. Said proposal shall also be considered a "land development" as defined by the Pennsylvania Municipalities Planning Code[1] and Chapter 345, Subdivision and Land Development, and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as the information which follows. The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Township ordinances.

(1)

Location, widths, and names of all existing or prior platted streets and utility rights-of-way, parks, and other public open spaces, permanent buildings and structures, houses or permanent easements, and municipal boundary lines, within 500 feet of the tract;

(2)

A traffic and pedestrian flow chart showing circulation patterns from the public right-of-way and within the confines of the shopping center.

(3)

Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes;

(4)

Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays, angle of parking;

(5)

Location, arrangement, and dimensions of truck loading and unloading spaces and docks;

(6)

Location and dimensions of pedestrian entrances, exits, walks;

(7)

Location, height, and materials of walls, fences, screen plantings, and other landscaped areas.

(8)

Preliminary architectural drawings for all buildings;

(9)

Location, size, height, and orientation of all signs other than signs flat on building facades;

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Ownership. The site proposed for any multiple occupant commercial building shall be held in single ownership or in unified control, and the applicant shall provide to the Township evidence of said ownership and/or control.

§ 400-846 Slaughterhouses.

[Added 1-25-2016 by Ord. No. 2016-02]

Slaughterhouses shall, in addition to all other applicable standards of this chapter, be subject to the following standards:

Parcel size. A minimum parcel of five acres shall be required.

Setbacks.

(1)

Buildings. The minimum setbacks for all buildings shall be 100 feet from property lines and road rights-of-way.

(2)

Animals. Structures which are not fully enclosed, corrals and other areas for the outdoor confinement of animals shall comply with the following setbacks unless state or federal regulations require a greater setback:

(a)

Up to 499 animals: 100 feet.

(b)

Five hundred to 999 animals: 200 feet.

(c)

One thousand or more animals: 300 feet.

Animal confinement. All animals shall be confined to the slaughterhouse property at all time by fences or other structures.

Wastes. Solid and liquid wastes shall be disposed of in a manner to avoid creating insect or rodent problems, and an insect/rodent abatement plan shall be prepared. No discharges of liquid wastes and/or sewage shall be permitted into a reservoir, sewage or storm sewer disposal system, holding pond, stream or open body of water, or into the ground unless the discharges are in compliance with the standards of local, state and/or federal regulatory agencies.

Operating standards. The applicant shall demonstrate that it will meet the operational and management standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity.

Odor. (See also § 400-702K.) The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with the public health, safety and welfare.

Other requirements. See also § 400-702E, Operations and storage, which requires all operations to be in a building; § 400-702H, Noise; § 400-702U which requires proof of compliance with state and federal regulations; § 400-704, Environmental impact statement, and § 400-709, Traffic impact study.

§ 400-847 Solar power generation, commercial.

Purposes. The purpose of this § 400-847 is to:

(1)

Location and number. Accommodate the need for solar power facilities while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.

(2)

Critical development areas. Avoid development of land-intensive solar facilities in areas designated for other uses critical to community and economic development.

(3)

Grid infrastructure costs. Minimize utility grid infrastructure development costs by requiring solar facilities to be near substations with the capacity to accommodate the generated electricity.

(4)

Traffic. Reduce traffic impacts by requiring solar facility access to roads with adequate capacity.

Permits; use regulations.

(1)

All commercial solar power generation (CSPG) applications shall be conditional uses in accordance with Attachment 1, Schedule of Uses: C Commercial District and RR Rural Residential District, of this chapter.

[Amended 2-28-2022 by Ord. No. 2022-05; 8-26-2024 by Ord. No. 2024-02]

(2)

Associated use. All other uses ancillary to the solar power facility (including a business office, maintenance depot, etc., greater than 1,000 square feet) are prohibited from the solar power facility, unless otherwise permitted in the zoning district in which the solar power facility is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the solar power facility.

(3)

Solar power facility as a second principal use. A solar power facility shall be permitted on a property with an existing use subject to the following land development standards:

(a)

The minimum lot area, minimum setbacks and maximum height required by this chapter for the solar power facility shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

(b)

The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(c)

The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed solar power facility and that vehicular access is provided to the solar power facility.

Standards and design.

(1)

Parcel size; location; setbacks; lot coverage.

(a)

The minimum parcel size shall be 50 acres.

[Amended 2-28-2022 by Ord. No. 2022-05]

(b)

The parcel shall not be more than three miles from a utility substation with the capacity to service the proposed facility.

(c)

The setback for solar collectors, all structures, equipment containers and any associated mechanical facilities shall be 100 feet from property lines, 200 feet from property lines if adjoining or adjacent property line zoned RR, R-1, R-2, or, R-3 with single-family or two-family dwellings within 250 feet of the adjoining or adjacent property line; and 500 feet from property lines for substations, transformers and similar equipment.

[Amended 8-26-2024 by Ord. No. 2024-02]

(d)

The maximum lot coverage shall be 75% and the area of the solar collectors shall be included in the calculation of lot coverage.

(2)

Height. Solar collectors shall not exceed the principal structure height limitations for the underlying zoning district.

(3)

The CSPG and its solar energy system, solar-related equipment, principal and accessory buildings and structures and parking facilities shall be enclosed by a perimeter chain-link fencing and/or fencing required by state or federal agencies, and access gates at a height between eight and nine feet for the purpose of restricting unauthorized access. Such fencing shall be poly-coated in a color determined by the Board of Supervisors and shall not include barbed wire or similar product unless otherwise required by state or federal agencies.

[Amended 2-28-2022 by Ord. No. 2022-05]

(4)

Landscaping. Landscaping may be required to screen as much of the solar power facility ground features as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general buffer the solar power facility ground features from neighboring properties. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.

(5)

Licenses; other regulations; insurance. The applicant shall demonstrate that it has obtained the required licenses from governing state and federal agencies, and agreement from the local electric utility. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the solar power facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the solar power facility.

(6)

Access; required parking. Access to the solar power facility shall be provided by means of a public road with the capacity to carry the anticipated amount and type of traffic. If the solar power facility site is fully automated, adequate parking shall be required for maintenance workers.

(7)

Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties shall not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the solar power facility developer.

(8)

Solar panels shall be placed such that concentrated solar radiation (e.g., light, heat, EMF and/or communications interference) or glare shall not be directed onto other properties, roadways or other areas accessible to the public. The CSPG owner and/or operator has the burden of proving that any solar radiation (described above) or glare produced does not adversely impact upon other properties, aircraft, flying species, and/or adjacent uses either through siting or mitigation. The CSPG owner and/or operator shall be responsible to mitigate any adverse solar radiation (described above) or glare impacts, as determined by the Township Engineer or consultant, prior to issuance of a certificate of occupancy.

[Amended 2-28-2022 by Ord. No. 2022-05]

(9)

Historic structures. A solar power facility shall not be located within 500 feet of any structure listed on any public historic register.

(10)

Standards; certification. The design of the solar power facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations. The operator shall repair, maintain and replace the solar collectors and associated equipment in like manner as needed to keep the facility in good repair and operating condition.

(11)

Uniform Construction Code.[1] To the extent applicable, the solar power facility shall comply with the Pennsylvania Uniform Construction Code.

[1]

Editor's Note: See Ch. 170, Construction Standards, Art. I, Enforcement of Uniform Construction Code.

(12)

Electrical components. All electrical components of the solar power facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

(13)

Warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

(14)

Signs. No advertising material or signs other than warning, manufacturer and equipment information or indication of ownership shall be allowed on any equipment of structures.

(15)

Transmission and power lines. On-site transmission and power lines shall, to the greatest extent possible, be placed underground.

(16)

Stray voltage/electromagnetic fields (EMF). The operator shall use good industry practices to minimize the impact, if any, of stray voltage and/or EMF.

(17)

Emergency services. The applicant shall provide details about any fire-suppression system installed in any accessory structure or equipment container associated with the solar power facility. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar power facility.

(18)

All conditional use applications shall include a descriptive site plan including but not limited to dimensional setbacks, locations of property lines, roadways and driveways, location of size of solar panels, and/or arrays, elevations and height of buildings and structures, location and detail of perimeter fencing, and buffing and landscaping requirements. The site plan shall incorporate a fire protection plan, including but not limited to location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and Polk Township Fire Chief for their review and comment.

[Amended 2-28-2022 by Ord. No. 2022-05]

(19)

The owner or operator will provide a copy of a current and valid written authorization from a utility company to the Township acknowledging and approving such connection.

[Added 2-28-2022 by Ord. No. 2022-05]

(20)

The CSPG shall be designed and constructed so that ground leveling is limited to those areas needed for installation of land development improvements and solar-related equipment so that the natural ground contour is preserved to the greatest extent practical. Any earth disturbance shall, at a minimum, require an erosion and sedimentation control plan approved by the Monroe County Conservation District. Such earth disturbances in conjunction with a site alteration or land development shall meet the applicable sections of this chapter, and SALDO.[2]

[Added 2-28-2022 by Ord. No. 2022-05]

[2]

Editor's Note: See Ch. 345, Subdivision and Land Development.

(21)

Trees shall be preserved to the maximum extent possible to preserve existing buffers and to meet the buffering requirements of the Zoning Ordinance, as tree clearing is necessary in the area to be used for solar-related equipment. Following decommissioning of the CSPG, every existing tree eight inches or more in diameter (measured at 4.5 feet off the ground) that is removed shall be replaced on a 1:1 basis with a native tree that has the same maximum height and growth rate of the tree to be removed. The replacement trees shall be approved by the Supervisors. The replacement trees at initial planting shall be not less than 2 1/2 inches' caliper and/or eight feet in height above ground level. The replacement trees shall grow to be at least 15 feet tall after planting and any trimming. Following decommissioning, the replacement trees shall be placed on the CSPG site to maximize stormwater management and/or screening of the former area of the CSPG from adjacent properties.

[Added 2-28-2022 by Ord. No. 2022-05]

(22)

The manufacturer's or installer's identification and appropriate warning signage not greater than three each, or the minimum square footage signage allowed by applicable code, state or federal agency, shall the access gate and/or perimeter fencing as required by applicable regulations. Except as provided herein, not display signage of any kind, including, but not limited to, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.

[Added 2-28-2022 by Ord. No. 2022-05]

(23)

All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and aboveground utility lines are proposed.

[Added 2-28-2022 by Ord. No. 2022-05]

Public inquiries and complaints. The solar power facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and the solar power facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

Decommissioning.

(1)

Time limit. The solar power facility owner and operator shall, at its own expense, complete decommissioning of the solar power facility, or individual components, within 12 months after the end of the useful life of the solar power facility or individual components. The solar power facility or individual components shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2)

Depth requirement. Decommissioning shall include removal of collectors, buildings, cabling, electrical components, roads, foundations, and any other associated facilities.

(3)

Disturbed earth. Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(4)

Professional engineer. An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimate should be submitted to the Township at the time of the conditional use hearing, and every fifth year thereafter.

[Amended 2-28-2022 by Ord. No. 2022-05]

(5)

Financial security bond. The solar power facility owner or operator, 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 Supervisors, but not less than $50,000, from a company and in a form and content acceptable to the Board of Supervisors, to insure the decommissioning 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 facilities exist at the site. The Supervisor shall review the amount of the bond upon receipt of the engineer's report required by § 400-847E(4). The amount of the bond may be increased or decreased based upon the Supervisors' review.

[Amended 2-28-2022 by Ord. No. 2022-05]

(6)

Funds. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

(7)

Landowner responsibility. If the solar power facility owner or operator fails to complete decommissioning within the prescribed time period, then the landowner shall have 180 days to complete decommissioning.

(8)

Township intervention. If neither the solar power facility owner or operator, nor the landowner complete decommissioning within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning. The entry into the record and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.

(9)

Release of decommissioning funds. The escrow agent shall release the decommissioning funds when the solar power facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

§ 400-849 Staging areas for equipment/materials.

See § 400-813.

§ 400-850 Storage yards for forest products and minerals.

The intent of this § 400-850 is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals. (See definition of "storage yards for forest products and minerals" in Article III.)

Access to public roads.

(1)

Highway occupancy permit. Access roads to Township and state roads shall be in accord with a valid highway occupancy permit.

(2)

Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.

(3)

Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.

(4)

Setbacks.

(1)

Residential and nonresidential buildings. Storage yards shall not be less than 300 feet from any existing residential, commercial, institutional, public or semipublic building, other than such building located on the property on which the landing is located.

(2)

Property lines. Storage yards shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.

(3)

Public roads. Storage yards shall not be less than 50 feet from any public road right-of-way.

(4)

Streams, water bodies and wetlands. Storage yards shall not be less than 100 feet from any stream, water body or wetland.

(5)

Slope. Storage yards shall be located on slopes less than 8%. Low spots and poorly drained places shall be avoided.

§ 400-851 Swimming pool, commercial.

Commercial swimming pools shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable requirements of this chapter, shall comply with the standards in this § 400-851.

Setback. The water surface shall be not less than 50 feet from any lot line.

Parcel size. The minimum lot area shall be two acres.

Enclosure. A fence, wall or other enclosure not less than six feet high and of a design to restrict access shall completely surround the area of the swimming pool. This enclosure shall be designed to be difficult for children to climb or slip through. All gates or door openings through such enclosure shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed when the pool is not in use.

Access. Access to all pools shall be restricted when the pool is not in use.

Hours of operation. The hours of operation of outdoor commercial pools shall be limited to the hours between 9:00 a.m. and 9:00 p.m.

§ 400-856 Vehicle-related uses.

Vehicle related uses shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable standards, shall comply with the standards in this § 400-856.

Car and truck wash facilities. All car and truck wash facilities shall be subject to the following specific regulations and requirements:

(1)

The principal building housing the said facility shall be set back a minimum of 60 feet from the road or street right-of-way line and 30 feet from the side or rear property lines.

(2)

Appropriate facilities for the handling of wastewater from the washing activities shall be provided, including, the prevention of water being dripped onto the adjoining road or street from freshly washed vehicles during periods of freezing weather.

(3)

The facility shall have adequate means of ingress and egress to prevent adverse effects to either vehicular or pedestrian traffic. When a wash facility occupies a corner lot, the access driveways shall be located at least 75 feet from the intersections of the front and side street right-of-way lines.

(4)

The site shall be sufficiently large to accommodate vehicles awaiting washing during peak periods, but in no case shall the waiting area for each stall accommodate less than three automobiles.

(5)

Any wash facility located within 200 feet of any residential district shall not operate between the hours of 9:00 p.m. and 7:00 a.m.

Vehicle or equipment repair operations. All vehicle or equipment repair operations shall be subject to the following specific regulations and requirements:

(1)

All service and repair activities shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize motor noise, fumes, and glare; except that minor servicing such as changing tires, sale of gasoline or oil, windshield washing and other similar normal activities may be conducted outside the said building.

(2)

Only vehicles with current licenses and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored outdoors. If a legitimate, bona fide, service station stores more than four vehicles per interior service stall, it shall comply with the junk regulation set forth in this chapter. Proof of current license and current registration or ownership of any vehicle will be required upon demand by the Zoning Officer.

(3)

No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.

(4)

All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening. Used tires and parts shall not be stored on the premises in excess of what would normally accumulate in 30 days of normal operation.

(5)

Gasoline pumps and other service appliances may be located in the required front setback, but shall not be situated closer to the road or street right-of-way line than 30 feet or the PennDOT requirement, whichever is greater. Any aboveground storage tanks shall not be placed in the front setback area.

(6)

No vehicles shall be stored in any required setback areas.

(7)

Any operation which is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of two acres, and all areas for fueling and servicing shall be not less than 100 feet from any residential district.

(8)

All major repair, welding, auto body, painting and similar work shall be performed within a building with a fume collection and ventilation system that directs noxious fumes away from any adjacent buildings. All such systems shall meet all required state and federal health and safety standards.

Vehicle or equipment sales operations. All vehicle or equipment display and sales operations of new and used automobiles, trucks, motorcycles, mobile homes, recreation vehicles, boats, and travel trailers and other vehicles and equipment shall be subject to the following specific requirements:

(1)

All principal and accessory buildings and structures shall be in accord with the setback, building height and lot coverage requirements of the district.

(2)

The outdoor display of new and used cars, trucks, motorcycles, mobile homes, recreation vehicle and travel trailers shall meet the appropriate front, side and rear setback requirements as for the district.

(3)

Activities which are normally accessory to such sales operations, such as engine tune up and repairs, body repairs, painting, undercoating and other similar activities shall be conducted in accord with the applicable standards in § 400-856B.

(4)

Only vehicles with current license and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored in any exterior area. If a legitimate, bona fide, service station stores more than four vehicles per service stall in exterior areas, it shall comply with the junkyard regulations set forth in this chapter. Proof of current license and current registration or ownership of any vehicle will be required upon demand by the Zoning Officer.

(5)

No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.

(6)

All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening. Piles or stacks of tires or other materials in exterior areas shall be prohibited at all times.

(7)

No vehicles shall be stored in any required setback areas.

Polk Township City Zoning Code

ARTICLE VIII

§ 400-802 Agriculture products processing and agricultural products processing for products raised on the premises.

§ 400-803 Airports and heliports.

§ 400-804 Amusement parks.

§ 400-805 Animal husbandry and crop production.

§ 400-806 Animals, keeping of.

§ 400-807 Archery ranges, outdoor commercial.

§ 400-808 Bed-and-breakfast establishments.

§ 400-809 Bulk fuel storage facilities.

§ 400-810 Concentrated animal feeding operations.

§ 400-811 Commercial communication devices.

§ 400-813 Contractor yards.

§ 400-814 Data storage centers.

§ 400-818 Flea markets, outdoor.

§ 400-819 Forestry.

§ 400-820 Gaming establishments.

§ 400-821 Hotels, motels, and resorts.

§ 400-823 Junkyards.

§ 400-826 Large-scale retail/commercial land development.

§ 400-827 Medical marijuana.

§ 400-828 Mineral extraction.

§ 400-841 Self-storage facilities.

§ 400-845 Shopping centers, malls, and multiple occupant commercial buildings.

§ 400-846 Slaughterhouses.

§ 400-847 Solar power generation, commercial.

§ 400-849 Staging areas for equipment/materials.

§ 400-850 Storage yards for forest products and minerals.

§ 400-851 Swimming pool, commercial.

§ 400-856 Vehicle-related uses.