Potter Township Centre County
City Zoning Code
City Zoning Code
ARTICLE III
District Regulations
§ 220-14 Application of district regulations.
The regulations set forth in this article for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located, including any overlay districts.
B.
No building or other structure shall hereafter be erected or altered:
(1)
To exceed height, bulk or other dimensions;
(2)
To accommodate or house a greater number of families;
(3)
To occupy a greater percentage of lot area;
(4)
To have narrower or smaller rear yards, front yards, side yards or other open spaces, than herein required or in any other manner contrary to this chapter.
C.
Note that all permitted uses, accessory uses and structures and conditional uses are subject to the requirements of the two overlay districts, the FP Floodplain Overlay District and the WQ Water Quality Overlay District. Any lot which is located in either (or both) of the above overlay districts is subject to the regulations for both the zoning district it is proposed for and the overlay district(s).
§ 220-15 Description of district regulations.
A.
The regulations applying to each district are described in condensed form in the following sections.
§ 220-16 A Agricultural District.
[Amended 2-8-1999 by Ord. No. 2-1999; 3-12-2001 by Ord. No. 2-2001; 5-13-2002 by Ord. No. 2-2002]
A.
Agricultural District principal permitted uses.
B.
Agricultural District permitted accessory uses and structures.
C.
Agricultural District conditional uses.
(1)
Pubic and semipublic outdoor recreation facilities and/or services; municipal parks and playgrounds.
(2)
Roadside stands.
(4)
Animal hospitals or kennels and veterinary clinics.
(5)
Grain storage facilities, including elevators.
(6)
Airports.
(7)
Essential services.
(8)
Buildings, structures and/of impervious surface within 100 feet of Sinking Creek, Potter Run or Boal Run measured from the stream bank on either side. This conditional use shall be decided on a case-by-case basis.
(9)
Commercial dairy.
(10)
Public/private schools.
[Added 6-7-2004 by Ord. No. 2-2004]
(11)
Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
D.
Agricultural District minimum lot requirements. Minimum lot area per principal uses: 20 acres, except parts and parcels may be subdivided by one of the following, either Subsection D(1) or (2), and no further subdivision shall be permitted.
(2)
Farms and parcels of land in the Agricultural District may be divided into lots of one acre minimum size and sold or otherwise used for permitted or conditional use in the district, provided that all of the following conditions are met:
(a)
The parcel to be divided under this section shall consist of a single, contiguous piece, however irregular in shape. Such parcel may be made up of an aggregate of smaller tracts if the title to such tracts is in one owner or set of owners. Tracts of unrelated ownership may not be aggregated for these purposes.
(b)
In order to prevent overcrowding of any area and to limit the intensity of residential use in an area intended for low-density agricultural use, the number of lots so divided shall be in accordance with the following sliding scale.
Parcel Size | Maximum Number of Lots | |
|---|---|---|
9 to 19 acres | 3 lots | |
20 to 39 acres | 5 lots | |
40 to 79 acres | 7 lots | |
80 to 119 acres | 10 lots | |
120 to 159 acres | 13 lots | |
160 to 199 acres | 16 lots | |
200 plus acres | 20 lots plus 1 for every 50 acres over 200 |
(c)
For the purposes of calculating parcel size, when a parcel contains any fraction of an acre the number of acres shall be rounded off to the next lowest whole number and only that portion of a property within the Agricultural Zoning District shall be counted.
(d)
Whenever possible, such lots shall be so sited so as to utilize land poor or marginally suited for agricultural purposes and so as to preserve the best soils and topography for agricultural uses.
(e)
The remaining portion of the tract used in accordance with the provisions of Subsection D(2)(b) above shall be a single lot and shall be used for only one or more of the following uses.
[1]
Tilling of the land, raising crops, fruit and vegetables and the raising of livestock, poultry or fish;
[2]
Horticultural uses related to the raising, propagation of trees, shrubs, flowers and other plant materials not for human consumption;
[3]
Usual farm structures including barns, greenhouses and single-family detached dwellings of the farm operator for those who are actively or seasonally involved in the farm operation;
[4]
Commercial establishments for the processing, storage and sale of farm products produced on the farm;
[5]
The conservation of open space, water, soils, forests and wildlife resources;
[6]
Park and recreational uses for the general public and/or homeowners of the developed tract. All such use shall meet the lot, yard setback and height requirements specified for such use in the Agricultural District.
(f)
Limitations. The provisions of this section shall apply exclusively to parcels of land legally existing at the effective date of this chapter regardless of size, no lot subsequently subdivided from its parcel shall qualify for additional single-family detached dwellings pursuant to this section. Any subsequent owner(s) of any parcel of land legally existing at the time of the effective date of this chapter shall be bound by actions of previous owners in that such current owner may subdivide lots for purposes of additional single-family dwellings only that number of lots, if any, remaining from the original number permitted by this section.
(g)
Each lot shall have a percolation test and soil log performed and shall be demonstrated to be suitable for a conventional in-ground or sand mound sewage disposal system before a zoning permit application is approved.
(h)
Provision shall be made for adequate water supply for each lot with whatever easements, etc., may be necessary.
(3)
Minimum lot width: 300 feet, except where lots are subdivided under Subsection D(2) above, in which case the minimum lot width shall be 150 feet.
(5)
Maximum building/structure coverage is 25%.
§ 220-17 O Open Space/Forest District.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Open Space/Forest District principal permitted uses and structures.
(1)
Seasonal dwellings, hunting camps or lodges.
(2)
One-family detached dwellings.
(3)
Forest product removal operations or controlled timbering subject to the terms of § 220-53.
[Amended 3-12-2001 by Ord. No. 2-2001]
(4)
Agricultural uses and agricultural-related uses, as defined herein, including land cultivation, nurseries, greenhouses and raising livestock.
(5)
Bed-and-breakfast inn.
(6)
Radio and/or TV transmission and receiving towers.
(7)
Cemeteries.
(8)
Variety and gift stores.
(9)
Churches and places of worship.
(10)
Mobile homes and farm-related uses.
C.
Open Space/Forest District conditional uses.
(1)
Public or semipublic outdoor recreational facilities and/or services; municipal parks and playgrounds.
(2)
Lumber yards and/or sawmills.
(3)
Campgrounds.
(4)
Mobile home parks.
(5)
Essential services.
(7)
Motels and transient lodging facilities.
(8)
Buildings, structures and/or any impervious surface within 100 feet of Sinking Creek, Potter Run or Boal Run, measured from the stream bank on either side. This conditional use shall be decided on a case-by-case basis.
[Added 2-8-1999 by Ord. No. 2-1999]
(9)
Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
(11)
Boarding kennels.
[Added 12-16-2019 by Ord. No. 01-2019]
D.
Open Space/Forest District minimum lot requirements.
(2)
Minimum lot area per single-family detached dwelling unit: two acres.
(3)
Minimum lot width: 200 feet.
(4)
Each lot shall have a percolation test and soil lot performed and shall be demonstrated to be suitable for a conventional in-ground or sand mound sewage disposal system before a zoning permit application is approved. All lots must meet the requirements of Act 537, the Pennsylvania Sewage Facilities Act,[2] the Potter Township Sewage Ordinance [Chapter 156, Part 1] and any other applicable state, federal or local act, provision, law or ordinance.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(5)
Provision shall be made for adequate water supply for each lot with whatever easements, etc., may be necessary.
(6)
Maximum building/structure coverage is 25%.
F.
Open Space/Forest District maximum height requirements.
§ 220-18 R Rural Residential District.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Rural Residential District principal permitted uses and structures.
(1)
Agricultural uses and agricultural-related uses, as defined herein, including land cultivation, greenhouses, nurseries and raising livestock.
(2)
One-family detached dwellings.
(3)
Conversion apartments/duplexes.
(4)
Bed-and-breakfast inn.
(5)
Cemeteries.
(6)
Day care/nurseries.
(9)
Churches and places of worship and funeral homes.
(10)
Professional offices and clinics.
(11)
Municipal government buildings.
(12)
Temporary uses and structures.
(13)
Forest product removal operations or controlled timbering subject to the terms of § 220-53.
[Added 3-12-2001 by Ord. No. 2-2001]
(14)
No-impact home-based business.
[Added 4-23-2012 by Ord. No. 1-2012]
(15)
Neighborhood retail business establishment including, but not limited to, small-scale grocery stores, variety stores, bakeries, cafes, coffee shops, and similar uses. The total area of such uses shall not exceed 2,000 gross square feet. Outdoor seating areas are permitted.
[Added 3-13-2017 by Ord. No. 1-2017]
C.
Rural Residential District conditional uses.
(1)
Multifamily housing developments.
(2)
Public or semipublic outdoor recreational facilities and/or services.
(3)
Multifamily dwellings.
(4)
Mobile home parks.
(5)
Nursing homes.
(6)
Mobile homes for farm-related uses.
(7)
Roadside stands.
(8)
Animal hospitals or kennels and veterinary clinics.
(9)
Grain storage facilities, including elevators.
(10)
Ponds.
(11)
Public/private schools.
(12)
Motels and transient lodging facilities.
(13)
Farm-related sales and service shops.
(14)
Clubs, lodges and social halls.
(15)
Mineral extraction.
(16)
Airports.
(17)
Essential services.
(18)
Buildings, structures and/or any impervious surface within 100 feet of Sinking Creek, Potter Run or Boal Run, measured from the stream bank on either side. This conditional use shall be decided on a case-by-case basis.
[Added 2-8-1999 by Ord. No. 2-1999]
(19)
Group home.
[Added 3-12-2001 by Ord. No. 2-2001]
(20)
Halfway house.
[Added 3-12-2001 by Ord. No. 2-2001]
(21)
Riding stable.
[Added 3-12-2001 by Ord. No. 2-2001]
D.
Rural Residential District minimum lot requirements.
(1)
Minimum lot area for agricultural uses and agricultural related uses is 10 acres; all other uses require a minimum lot area of one acre (43,560 square feet) except as follows:
(a)
Where either public or off-site water; or public or off-site sewage disposal is available or proposed, the minimum lot size shall be 1/2 of one acre (21,780 square feet).
(b)
Where both public or off-site water and public or off-site sewage systems are available or proposed, the minimum lot size shall be 1/3 of one acre (14,520 square feet).
(2)
Minimum lot width per principal use or dwelling unit is 150 feet except where off-site water and/or sewer service is available, then the minimum lot width is 100 feet.
(3)
Each lot shall have a percolation test and soil log performed and shall be demonstrated to be suitable for a conventional in-ground or sand mound sewage disposal system before a zoning permit application is approved. All lots must meet the requirements of Act 537, the Pennsylvania Sewage Facilities Act,[3] the Potter Township Sewage Ordinance[4] and any other applicable state, federal or local act, provision, law or ordinance.
(4)
Maximum building/structure coverage is 25%.
§ 220-19 R Residential District.
[Amended 3-16-1998 by Ord. No. 2-1998; 2-8-1999 by Ord. No. 2-1999; 3-12-2001 by Ord. No. 2-2001; 3-3-2003 by Ord. No. 2-2003]
A.
Residential District principal permitted uses and structures.
(1)
One-family detached dwellings.
(2)
Conversion apartments/duplexes.
(3)
Bed-and-breakfast inn.
(4)
Churches and places of worship including parish house and convents.
(5)
Agricultural uses and agricultural related uses including land cultivation.
(6)
Day care/nurseries.
(7)
Municipal governmental buildings.
B.
Residential District permitted accessory uses and structures.
(1)
Private garages and carports for use of residents and guests.
(2)
Private swimming pools.
(3)
Home occupations.
(4)
Off-street parking as required by this chapter.
(5)
Mobile homes for farm use.
(6)
Professional offices and clinics.
(7)
Temporary uses and structures.
(8)
Other uses and structures customarily incidental or accessory to permitted uses.
C.
Residential District conditional uses.
(1)
Multifamily housing developments.
(2)
Multifamily dwellings.
(3)
Public and/or private schools.
(4)
Public or semipublic outdoor recreational facilities and/or services, municipal parks and playgrounds.
(5)
Nursing and convalescent homes.
(6)
Ponds.
(7)
Essential services.
(8)
Buildings, structures and/or impervious surfaces within 100 feet of Sinking Creek, Potter Run, Boal Run, measured from the stream bank on either side. This conditional use shall be decided on a case-by-case basis.
D.
Residential District minimum lot requirements.
(1)
The minimum lot area per principal use or dwelling unit is one acre (43,560 square feet) except as follows:
(a)
Where either public or off-site water; or public or off-site sewage disposal is available or proposed, the minimum lot size shall be 1/2 of one acre (21,720 square feet).
(b)
Where both public or off-site water and sewage systems are available or proposed, the minimum lot size shall be 1/3 of one acre (14,520 square feet).
(c)
Approval and issuance of a zoning permit shall be in accordance with the Department of Environmental Protection's and/or Township standards in effect at the time.
(2)
Minimum lot width per principal use or dwelling unit is 100 feet.
(3)
Each lot shall have a percolation test and soil log performed and shall be demonstrated to be suitable for conventional in-ground or sand mound sewage disposal system before a zoning permit application is approved. All lots must meet the requirements of Act 537, the Pennsylvania Sewage Facilities Act,[2] the Potter Township Sewage Ordinance[3] and any other applicable state, federal or local act, provision, law or ordinance.
(4)
Maximum building/structure coverage is 25%.
§ 220-20 V Village District.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Village District principal permitted uses and structures.
(1)
One-family detached dwellings.
(2)
Conversion apartments/duplexes.
(3)
Tourist homes, bed-and-breakfast inn.
(4)
Churches and places of worship including parish houses and convents.
(5)
Day care/nurseries.
(6)
Municipal government buildings.
(7)
Nonmunicipal government buildings.
(8)
Personal service, convenience and retail business establishments.
(9)
Variety, gift and antique shops.
(10)
Agricultural uses and agricultural related uses including land cultivation.
(11)
Professional office space.
D.
Village District minimum lot requirements. Buildings, structures and/or impervious surface within 100 feet of Sinking Creek, Potter Run or Boal Run, measured from the stream bank on either side. This conditional use shall be decided on a case-by-case basis.
[Amended 2-8-1999 by Ord. No. 2-1999]
(1)
Where both public or off-site water and public or off-site sewage systems are available or proposed, the minimum lot size shall be 10,000 square feet.
(2)
Where either public or off-site water; or public or off-site sewage service is available or proposed, the minimum lot size shall be 20,000 square feet.
(3)
Where on-site water and sewer service is utilized, the minimum lot size shall be 40,000 square feet.
(4)
Each lot shall have a percolation test and soil log performed and shall be demonstrated to be suitable for a conventional in-ground or sand mound sewage disposal system before a zoning permit application is approved. All lots must beet the requirements of Act 537, the Pennsylvania Sewage Facilities Act,[1] the Potter Township Sewage Ordinance[2] and any other applicable state, federal or local act, provision, law or ordinance.
(5)
Minimum lot width is 50 feet.
(6)
Maximum building/structure coverage is 25%.
§ 220-21 C General Commercial District.
A.
Commercial District principal permitted uses and structures.
(1)
Personal service, convenience and retail business establishments.
(2)
Professional offices and/or clinics, including branch banks.
(3)
Theaters, bowling alleys and similar indoor recreational uses.
(4)
Automotive and motorized vehicle sales, service stations and repair shops, including truck, trailer or farm equipment sales establishments.
(5)
Automotive sale facilities (new and used vehicle sales).
(6)
Barber and beauty shops.
(7)
Variety, gift and antique shops.
(8)
Agricultural uses and agricultural related uses, including land cultivation.
(9)
Churches and places of worship and funeral homes.
(10)
Municipal government buildings.
(11)
Nonmunicipal government buildings.
(12)
Radio and television stations or studios.
(13)
Public and private hospitals.
(14)
Self-service storage units.
[Added 3-12-2001 by Ord. No. 2-2001]
B.
Commercial District permitted accessory uses and structures.
(1)
Private garages.
(2)
Storage facilities for products sold in a permitted use (i.e., inventory storage), also storage for equipment necessary or accessory to a permitted use (i.e., grading and similar types of equipment used by a contractor).
(3)
Loading and unloading facilities connected with a permitted use.
(4)
Off-street parking spaces.
(5)
Residential uses only when accessory to the proper functioning of a permitted use.
(6)
Temporary uses and structures.
(7)
Administrative offices for any business or other permitted use located in the district.
C.
Commercial District conditional uses.
(1)
Planned retail development.
(2)
Truck terminals or freight stations.
(3)
Motels, hotels and transient lodging facilities.
(4)
Roadside stands.
(5)
Farm-related sales and service shops.
(6)
Small-scale/light manufacturing operations.
(7)
Restaurants.
(8)
Clubs, lodges and social halls.
(9)
Nursing and convalescent homes.
(10)
Industrial, manufacturing and warehousing uses.
(11)
Adult entertainment facilities.
(12)
Public or semipublic outdoor recreational facilities and/or services, municipal parks and playgrounds, racetracks.
(13)
Essential services.
(14)
Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
D.
Commercial District minimum lot requirements.
(1)
Minimum lot area per principal structure or use: 30,000 square feet. (Note that when a planned retail shopping development is proposed, no specific minimum lot and yard requirements shall apply, but the lot and yard requirements shall be governed by the type, number and location of the commercial establishments.)
(3)
Every lot in this district shall be of sufficient size to adequately provide for the necessary parking structure(s), parking and loading areas, setbacks and other required service or open space areas.
(5)
A stormwater management plan must be developed and implemented for each lot.
(6)
Maximum building/structure coverage is 75%.
§ 220-22 PCI Planned Commercial-Industrial District.
A.
Commercial-Industrial District permitted uses and structures.
(1)
Personal service, convenience and retail business establishments.
(2)
Professional offices and/or clinics including branch banks.
(3)
Theaters, bowling alleys and similar indoor recreational uses.
(4)
Automotive and motorized vehicle sales, service stations and repair shops including motorcycle, truck, trailer, snowmobile, boat or farm equipment sales establishments.
(5)
Automotive sales facilities (new and used vehicle sales).
(6)
Barber and beauty shops.
(7)
Variety, gift and antique shops.
(8)
Agricultural uses and agricultural-related uses including land cultivation.
(9)
Churches and places of worship and funeral homes.
(10)
Municipal government buildings.
(11)
Radio and television stations or studios.
(12)
Self-service storage units.
[Added 3-12-2001 by Ord. No. 2-2001]
B.
Commercial-Industrial District permitted accessory uses and structures.
(1)
Private garages.
(2)
Storage facilities for products sold in a permitted use (i.e., inventory storage), also storage for equipment necessary or accessory to a permitted use (i.e., grading and similar types of equipment used by a contractor).
(3)
Loading and unloading facilities connected with a permitted use.
(4)
Off-street parking spaces.
(5)
Residential uses only when accessory to the proper functioning of a permitted use.
(6)
Temporary uses and structures.
(7)
Administrative offices for any business or other permitted use located in the district.
C.
Commercial-Industrial District conditional uses.
(1)
Planned retail development.
(2)
Truck terminals or freight stations.
(3)
Farm-related sales and service shops.
(4)
Restaurants.
(5)
Industrial, manufacturing and warehousing uses.
(8)
Essential services.
(9)
Public and semipublic outdoor recreational facilities and/or services, municipal parks and play grounds.
[Added 2-8-1999 by Ord. No. 2-1999]
(10)
Motels, hotels and transient lodging facilities.
[Added 4-7-2008 by Ord. No. 1-2008]
(11)
Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
(13)
Medical marijuana dispensaries and medical marijuana growing facilities.
[Added 6-12-2017 by Ord. No. 2-2017]
(14)
Solar power facilities.
[Added 9-14-2020 by Ord. No. 01-2020]
D.
Commercial-Industrial District minimum lot requirements.
(1)
Minimum lot area per principal structure or use. The minimum lot size shall be determined on the basis of the minimum width, maximum coverage, yard setback, parking and other requirements contained in this chapter.
(2)
Minimum lot width: 150 feet.
(3)
Maximum coverage. Total buildings, structures and impervious surfaces shall not exceed 40% of total lot area. The use of pervious surfaces for access and parking is encouraged.
(4)
Every lot in this district shall be of sufficient size to adequately provide for the necessary parking structure(s), parking and loading areas, setbacks and other required service or open space areas.
(5)
No underground storage tanks are permitted within this district. All aboveground storage tanks shall comply with the provisions of the Pennsylvania Storage Tank and Spill Prevention Act of 1989, as amended.
(6)
All outdoor storage of fuel, raw materials and products, except finished products for sale to the public, shall be completely screened from view from any public right-of-way and residential district and/or uses by a sight-obscuring evergreen planting, fence or wall.
(7)
All discarded organic rubbish or garbage stored outdoors shall be placed in watertight, verminproof containers.
(9)
A stormwater management plan must be developed and implemented for each permit application.
(10)
A soil erosion and sedimentation plan must be prepared for each permit application and filed with the Centre County Conservation District.
E.
Commercial-Industrial District minimum yard setback requirements.
(1)
Front yard.
(a)
Structures situated along Township roads: 50 feet from the center line of the road.
(b)
Structures situated along state-owned roads: 100 feet from the center line of the road.
[Amended 7-12-2004 by Ord. No. 3-2004]
(c)
Parking areas must be located within the side or rear yard area; however, parking areas must maintain setback requirements for both side and rear yards as shown below.
(2)
Side yards: 25 feet each.
(3)
Rear yard: 25 feet.
[Amended 7-12-2004 by Ord. No. 3-2004]
§ 220-23 I Industrial District.
A.
Industrial District principal permitted uses and structures.
(1)
Manufacturing, wholesale or distributing uses not prohibited herein or by other laws.
(2)
Service uses as appropriate to industrial uses, such as administrative offices.
(3)
Agricultural uses and agricultural-related uses, as defined herein, including land cultivation, nurseries, greenhouses and raising livestock.
(4)
Machine shops.
(5)
Assembly plants.
(6)
Warehousing facilities or operations.
(7)
Offices and office complexes.
(8)
Administrative offices.
(9)
Municipal government buildings.
(10)
Nonmunicipal government buildings.
(11)
No use shall be permitted which may be injurious or noxious by reason of odor, dust, smoke, gas, illumination or noise or that may be otherwise hazardous to public health or safety.
B.
Industrial District permitted accessory uses and structures.
(1)
Loading and unloading docks.
(2)
Warehousing or storage facilities incidental to permitted uses.
(3)
Parking lots and/or facilities.
(4)
Accessory buildings or structures customarily incidental to permitted uses, including buildings for caretakers or security personnel.
(5)
Temporary uses and structures.
C.
Industrial District conditional uses.
(3)
Bulk storage facilities for petroleum or similar products (also refer to Water Quality District conditional use regulations).
(4)
Metal fabricating, junkyards or similar operations.
(5)
Truck terminals and/or freight stations.
(6)
Mineral extraction operations.
(7)
Lumberyards and/or sawmills.
(8)
Essential services.
(9)
Small wind energy systems.
[Added 2-8-2010 by Ord. No. 1-2010]
(11)
Solar power facilities.
[Added 9-14-2020 by Ord. No. 01-2020]
D.
Industrial District minimum lot requirements.
(1)
Minimum lot area per principal structure or use. The minimum lot size shall be determined on the basis of the minimum width, maximum coverage, yard setback, parking and other requirements contained in this chapter.
(2)
Minimum lot width: 200 feet.
(3)
Maximum coverage. Total buildings, structures and impervious surfaces shall not exceed 75% of total lot area.
(5)
Every lot in this district shall be of sufficient size to adequately provide for the necessary parking structure(s), parking and loading areas, setbacks and other required service or open space areas.
(6)
A stormwater management plan must be developed and implemented for each permit application.
(7)
A soil erosion and sedimentation plan must be prepared for each permit application and filed with the Centre County Conservation District.
§ 220-24 FP Floodplain Overlay District.
Floodplain principal permitted uses and structures:
A.
Generally the same as in the underlying district.
B.
Undeveloped recreational uses such as hiking and skiing trails, fishing and recreational boating and hunting.
C.
Temporary uses.
D.
Land cultivation for agricultural use.
E.
No development or temporary use or structure shall be permitted in this district which shall cause any rise in the elevation of the one-hundred-year flood. All development within this district must comply with the regulations of the Potter Township Floodplain Management Ordinance [Chapter 96] and all other applicable state, federal and local regulations.
§ 220-25 WQ Water Quality Overlay District.
[Amended 3-16-1998 by Ord. No. 2-1998; 9-12-2016 by Ord. No. 3-2016]
The provisions within this section are in addition to any other provision contained within an underlying zone district or any other application Section of this chapter.
A.
Water Quality Overlay Map. Water Overlay District Map "Plate 5, Water Quality Districts Map of Potter Township, Centre County Pennsylvania," is a part of this chapter for Water Quality Overlay Districts 1 to 4.[1] Water Quality Overlay District 5 is represented as Zone II for each public water supply as represented in the most current version of the Potter Township Source Water Protection Plan, and is also a part of this chapter.
[1]
Editor's Note: Said map is on file in the Township offices.
C.
Water Quality Overlay District regulations. The following regulations are applied in addition to any other applicable regulations within this chapter and are described for each of the five identified water quality districts as follows:
(1)
Clastic bedrock mountain lands. No additional regulations beyond those applicable elsewhere within this chapter.
(2)
Clastic bedrock primarily shallow water table.
(a)
Development of solid waste disposal sites, industrial waste disposal sites or agricultural wastes sites as defined by Pa. Code Title 25 (Environmental Protection) are prohibited.
(b)
The Township shall be notified of any EPCRA or SARA Title Ill facilities proposed within the Township. Copies of any required emergency response plans and MSDS's must be provided to the Township.
(3)
Carbonate bedrock prone to sinkhole development.
(a)
No development of solid waste or industrial waste disposal sites, as defined by Pa. Code Title 25 (Environmental Protection), are permitted. Proposals for agricultural waste disposal activities requiring a PADEP permit per 271.101 or public sewage disposal activities (organic sludge, including Class 2 bio-solids) application to the surface and subsurface waste disposal shall include an Environmental Assessment compliant with Pa. Code 271.127 which will address, but not be limited to, potential impacts upon water resources and whether water resources monitoring may be required. The provisions of Subsection C(2)(b) shall also apply.
(b)
Any closed depressions and active sinkhole features on the site of any proposed development shall be shown on the site plan.
(c)
The Township shall be notified of any EPCRA or SARA Title Ill facilities proposed within the Township. Copies of any required emergency response plans and MSDS's must be provided to the Township.
(d)
Dumping of any solid or liquid water into a sinkhole feature is prohibited.
(4)
Potential high-capacity well fields in carbonate bedrock.
(a)
Requirements of the underlying water quality district (clastic bedrock, clastic bedrock primarily shallow water table or carbonate bedrock prone to sinkhole development) shall apply.
(b)
Development of solid waste disposal sites, industrial waste disposal sites or agricultural waste disposal sites are prohibited. Liquid manure storage facilities are permitted if part of a normal farming operation and if all other applicable provisions within this chapter have been met.
(c)
Industrial or commercial activities requiring the storage of hazardous substances shall comply with the requirements of EPCRA or SARA Title III requirements.
(d)
Surface or underground mining activities are prohibited.
(5)
Public water supply wellhead protection areas. Wellhead protection areas are as defined by the Pa. Code as the surface and subsurface area surrounding a water well, well field, spring or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move toward and reach the public water source. The size and shape of the protection areas are determined by site-specific source and aquifer characteristics in which contaminants are reasonably likely to move toward and reach the public water source within a ten-year period and as delineated on the most current version of the Potter Township Source Water Protection Plan.
(a)
Requirements of the underlying water quality district (clastic bedrock, clastic bedrock primarily shallow water table or carbonate bedrock prone to sinkhole development).
(b)
Industrial uses and mineral extraction uses are prohibited.
(c)
Pumping and/or inspection extensions granted under the Potter Township On-Lot Sewage Management Program shall be voided in the event of a change in property ownership or primary use.
(d)
Agricultural waste disposal activities requiring a PaDEP permit per 271.101 or public sewage disposal activities, organic sludge (including Class 2 Bio-solids) application to the surface and subsurface are prohibited.
(e)
Commercial activities shall file with the township a Preparedness, Prevention and Contingency Plan (PPC Plan) as defined by 25 Pa. Code.
(f)
Zone I wellhead protection areas.
(g)
In addition to the regulations of Potter Township contained herein, all development on properties within a water quality district or wellhead protection area must comply with all Federal and Pennsylvania water quality and wellhead protection regulations and statutes.