Ralpho Township City Zoning Code
PART 4
DISTRICT REGULATIONS
§ 401 AF - Agriculture-Forest District.
[Ord. 100, 10/12/1993, § 401; as amended by Ord. 109, 11/14/1995; Ord. 118, 10/14/1997, §§ 2, 3; Ord. 122, 9/8/1998, § 2; Ord. 133, 4/10/2001, § 2; Ord. 162, 6/13/2006; Ord. 172, 4/14/2009; Ord. 179, 3/11/2014; Ord. 188, 7/11/2017; Ord. No. 195, 11/8/2022; Ord. No. 197, 12/12/2023]
1.
Permitted Uses.
A.
Game lands, wildlife preserves.
B.
Outdoor recreation areas, public and private.
C.
Clubs for hiking, climbing, hunting, fishing, gunning, etc.
D.
Agriculture, horticulture, animal husbandry.
E.
Nurseries, tree farms.
F.
Riding stables.
G.
Kennels.
H.
Single-family detached dwellings.
I.
Tourist home.
J.
Churches or similar places of worship, parish houses, convents.
K.
Cemeteries and mortuaries.
L.
Roadside stands.
M.
Forestry.
2.
Permitted Accessory Uses.
A.
Private garage or private parking area pursuant to § 505.
B.
Sign pursuant to § 504.
C.
Home occupations pursuant to § 502(A).
D.
Customary accessory uses and buildings, provided such are clearly incidental to the principal use and do not include any activity commonly conducted as a business pursuant to § 503.
E.
Family day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No family day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
F.
Group day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No group day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
G.
Wind turbine.
3.
Uses Permitted by Special Exception.
A.
Mobile home parks pursuant to § 501(15).
B.
Abattoirs pursuant to § 804(J).
C.
Group homes.
(1)
The group home shall be only for the mentally and physically handicapped; approval for all other types of group homes shall be required by both the Planning Commission and the Zoning Hearing Board.
(2)
Total occupancy in the group home shall not exceed one family unit and supervisors in residence.
(3)
Proper supervision as required by the applicable state and public agencies shall be provided.
(4)
No more than two group homes shall be located within the same zoning district within 1,000 feet of one another.
(5)
Thirty days shall be considered the minimum period of residence for occupants of the group home.
D.
Wind turbine.
E.
Campgrounds.
F.
Major solar energy system in accordance with § 410.
G.
Agritainment pursuant to § 804, Subsection M.
4.
Minimum Lot Size.
Without Public Sewer | With Public Sewer |
|---|---|
Area — 2 acres | Area — 2 acres |
Width — 200 feet | Width — 200 feet |
5.
Minimum Yard Dimensions.
Without Public Sewer | With Public Sewer |
|---|---|
Front yard — 40 feet | Front yard — 40 feet |
Each side yard — 25 feet | Side yard — 15 feet |
Rear yard — 50 feet | Rear yard — 50 feet |
§ 402 Residential - (R).
[Ord. 100, 10/12/1993, § 402; as amended by Ord. 118, 10/23/1997, § 4; by Ord. 133, 4/10/2001, § 3; by Ord. 155, 3/8/2005, § 2; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Single-family detached dwellings.
B.
Churches.
C.
Schools, public or private.
D.
Municipal buildings and structures.
E.
Public parks, playgrounds and libraries.
F.
Nonprofit recreation facilities.
G.
Child day-care centers may be allowed, provided the following requirements are met:
(1)
Proof of inspection by the Department of Labor and Industry prior to the grant of license.
(2)
Fencing as may be required by the Department of Public Welfare.
(3)
Proof of registration and a certificate from the Department of Public Welfare for the operation of a day-care center.
(4)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(5)
Any applicable state building and fire safety codes must be met.
(6)
No child day-care center shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
H.
Forestry.
2.
Permitted Accessory Use, located on the same lot with the permitted principal uses.
A.
Private garage or private parking areas pursuant to § 505.
B.
Signs pursuant to § 504.
C.
Other customary accessory uses and buildings, provided such are clearly incidental to the principal use pursuant to § 503.
D.
Home occupation pursuant to § 502.
E.
Family day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No family day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
F.
Group day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No group day-care home shall be located within 1,000 feet of another facility day-care home, group day-care home or child day-care center.
G.
Wind turbine.
5.
Area and Dimensions.
A.
Multiple-family dwelling townhouses (single-family attached dwellings and row houses — three units or more).
B.
Single-family detached, single-family semidetached, professional office, group home.
C.
Multiple-Family Dwellings (conversion of a structure built prior to the effective date of this Chapter).
D.
Residential Cluster Development. This is an optional form of development which allows the developer more choices of housing types and the development of lots smaller than otherwise specified in this Chapter, provided the land saved is reserved for permanent common use, usually in the form of open space. A residential cluster development shall be designed in accord with the regulations contained in this Section except that the maximum gross density of the residential district shall not be exceeded. All proposed residential cluster development projects must be approved by submission of appropriate preliminary and final plans to the Township in compliance with the Subdivision and Land Development Ordinance [Chapter 22]. The approval by the Board of Supervisors for a residential cluster development use for a tract of land shall in no way automatically guarantee preliminary or final plan approval without satisfactory compliance with all other applicable codes and regulations of the Township, state or federal governments.
(1)
Application. Any developer who desires to initiate a residential cluster development shall submit an application to the Township through the Planning Commission in accord with the conditional use procedure. The application shall be accompanied by:
(a)
Location map showing the project in relation to the surrounding area.
(b)
Sketch plan showing:
1)
Property lines and easements with dimensions and area.
2)
Location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures.
3)
The building types, sections, floor plan and site sections to clearly define the character of the project.
4)
Topographic information showing existing features, conditions and proposed grading.
5)
Landscaping plans showing open spaces, planting, existing and proposed trees and recreational facilities.
6)
Existing streets, showing access to the project, proposed streets and parking layout with dimensions.
(c)
Written information regarding land use designations, surrounding land uses, development schedule, type, size, number and estimated selling price of units and density calculations.
(d)
Written information regarding the following:
1)
The nature and extent of the common open space in the project, the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan.
2)
Whenever applicable, documents indicating compliance and approval of mandated state statutes or other laws shall be obtained and submitted as part of the application.
(2)
Criteria for Granting Conditional Use Approval.
(a)
The proposed cluster development shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Section and Subdivision and Land Development Ordinance [Chapter 22].
(b)
The proposed cluster development shall not have substantial or undue adverse effects, as compared to a standard development permitted by this Chapter, upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(c)
The proposed cluster development shall be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools.
(d)
The proposed cluster development shall not result in the destruction, loss or damage of any natural scenic or historic feature of significant importance.
(3)
General Qualifications.
(a)
Tract Size. Minimum developable tract size shall be 10 contiguous acres. Excluded from the determination of development tract size are the following:
(b)
Density. The gross density of a cluster development shall not exceed six units per acre.
(c)
Types of Dwelling Units. Single-family detached, single-family semidetached, single-family attached and multifamily dwellings may be permitted in a cluster subdivision or development pursuant to the requirements of this Part. Included are the following: duplex, townhouse, multiplex units and garden apartments. All units proposed shall be for sale only.
(d)
Permitted Lot Reductions. For cluster developments, single-family detached may be reduced up to 50 from the maximum established in § 402, Single-Family Attached and Multiple-family Dwelling; lot size may be reduced to the area of the building unit. All other types may be reduced up to 20 from that established in § 402.
(f)
Buffer Areas. Buffer areas shall be required along exterior property lines where units in a proposed residential cluster development abut other noncluster residential developments. Buffers shall consist of six feet or higher evergreen trees, shrubs or solid fencing as approved by the Board of Supervisors.
(4)
Special Housing Qualifications.
(a)
Townhouse Groups. Not more than eight townhouses shall be attached in a single group, and no more than two contiguous townhouses in any group may be constructed in line.
(5)
Garages and Accessory Buildings. Garages and accessory buildings may be located in any rear yard, provided that they do not violate the coverage regulations herein set forth and that side yards of not less than five feet are provided and that a rear yard setback from the rear property line of not less than five feet is provided.
(6)
Impervious Coverage. The maximum permitted impervious coverage shall be 30% and shall apply to the developable tract area total rather than to individual lots.
(7)
Maximum building height: 35 feet.
(8)
Miscellaneous Regulations.
(9)
Open Space Requirements.
(a)
Such areas specifically designed for open space shall be fully usable and suitable for that purpose and shall be set aside by deed restriction.
(b)
Common open space may only be dedicated to public use as approved by the Township Supervisors upon favorable recommendation by the Planning Commission. The Township Supervisors reserve the right to deny dedication of open space.
(c)
Private Ownership. When common open space is not dedicated and accepted to public use, it shall be protected by legal arrangements, satisfactory to the Township, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall:
1)
Obligate purchasers to participate in a homeowners' association and to support maintenance of the open areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of payment of the respective assessments.
2)
Obligate such an association to maintenance of the open areas and private streets and utilities.
3)
Empower the Township, as well as other purchasers in the development, to enforce the covenants in the event of failure of compliance.
4)
Provide for an agreement that if the Township is required to perform any maintenance work pursuant to the subsection above, such purchasers would pay the cost thereof and that the same shall be a lien upon their properties until such a cost has been paid; provided that the developer shall be responsible for the formation of the homeowners' association of which the developer, or if the developer is not the owner of the development, then such owner shall be a member until all of the lots of record are sold. Other equivalent provisions to assure adequate perpetual maintenance may be permitted if approved by the Board of Supervisors. Assurance that such covenants or equivalent provisions will be included in the deeds or other instruments of conveyance shall be evidenced by the recordation in the office of the recorder of deeds, or a perpetual maintenance of facilities as prescribed hereinabove and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
5)
Guarantee that any association formed to own and maintain common open space will not be dissolved without consent of the Board of Supervisors and any other specifications deemed necessary by the Board of Supervisors.
§ 403 Village Center District (VC).
[Ord. 100, 10/12/1993, § 403; as amended by Ord. 105, 12/13/1994, § 3; by Ord. 133, 4/10/2001, § 4; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Single-family detached dwellings, one-family semidetached dwellings, multifamily dwellings including apartments, conversion apartments, apartments in combination with commercial uses, group dwellings, townhouses and other similar residential structures.
B.
Stores and shops for retail businesses such as food, drug, hardware; personal service shops such as barber, beauty, shoe and similar retail uses.
C.
Restaurants, cafes, clubs and lodges.
D.
Hotels and tourist homes.
E.
Business and professional offices including banks and similar financial establishments.
F.
Mortuary and funeral homes.
G.
Churches or similar places of worship including parish houses and convents.
H.
Public and private schools.
I.
Municipal, state or federal uses or buildings.
J.
Public utility buildings.
K.
Home occupations.
L.
Business identification signs when in accordance with § 504.
M.
Family day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a maximum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No family day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
N.
All uses permitted in § 403 herein, Residential (R) District.
O.
Group day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No group day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
P.
Child day-care centers may be allowed, provided the following requirements are met:
(1)
Proof of inspection by the Department of Labor and Industry prior to the grant of license.
(2)
Fencing as may be required by the Department of Public Welfare.
(3)
Proof of registration and a certificate from the Department of Public Welfare for the operation of a day-care center.
(4)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(5)
Any applicable state building and fire safety codes must be met.
(6)
No child day-care center shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
Q.
Forestry.
2.
Permitted Accessory Uses.
A.
Uses and structures which are customarily associated with the uses permitted by right such as garages, storage buildings, yards, gardens, play areas and parking areas.
B.
Outdoor storage of goods and materials is expressly prohibited except in accordance with the regulations set forth in § 501 of this Chapter and after approval by the Zoning Board.
C.
Wind turbine.
3.
Uses Permitted by Special Exception.
A.
Automobile and automobile parts sales.
B.
Building, plumbing and heating, and similar contractor's offices and related facilities.
C.
Public and private parking lots and garages.
D.
Other uses which are considered by the Zoning Hearing Board to be similar to those listed above.
E.
Gasoline service stations, provided that all damaged or dismantled vehicles, machinery or parts thereof are kept parked or stored within a building.
4.
Area and bulk regulations.
A.
Lot size (minimum).
Single-family detached dwelling | 9,600 square feet | ||
Two-family detached and semidetached dwelling | 8,400 square feet per family | ||
Multifamily dwellings: | |||
Townhouses (single-family attached dwellings and row houses — three units or more) and four-family semidetached dwellings | 7,400 square feet per family | ||
Garden apartments | 4,000 square feet per family | ||
Conversion dwellings | 3,200 square feet per family | ||
Rooming and boarding houses and tourist homes | 3,200 square feet plus 1,000 square feet for each room offered for rent | ||
Hotels | 20,000 square feet or 500 square feet per bedroom, whichever is greater | ||
Motels | One acre or 1,000 square feet per bedroom, whichever is greater | ||
Nonresidential permitted uses | 9,600 square feet | ||
B.
Lot width (minimum).
Single-family detached dwelling, rooming and board houses, and tourist homes | 65 feet | ||
Two-family detached dwelling | 100 feet | ||
Two-family semidetached dwelling | 60 feet per dwelling | ||
Multifamily dwellings: | |||
Townhouses | 20 feet per dwelling plus side yard requirements | ||
Four-family semidetached building | 120 feet | ||
Garden apartments | 150 feet | ||
Hotels | 100 feet | ||
Motels | 200 feet | ||
Nonresidential uses | 30 feet per use | ||
C.
Yard requirements.
Minimum Each Yard | |||||
|---|---|---|---|---|---|
Front | Side | Rear | |||
Single-family detached dwellings, rooming and boarding houses and tourist homes | 30 | 8 | 20 | ||
Two-family detached dwellings | 30 | 8 | 20 | ||
Two-family semidetached dwellings | 30 | 10 | 20 | ||
Multifamily dwellings: | |||||
Townhouses (side yard requirements applies to end units only) | 30 | 15 | 20 | ||
Four-family semidetached dwelling | 30 | 15 | 20 | ||
Garden apartments | 50 | 20 | 50 | ||
Hotels | 30 | 30 | 50 | ||
Motels | 50 | 50 | 50 | ||
Other nonresidential uses | 30 | 10 | 20 | ||
E.
Building height (maximum): 35 feet.
§ 404 Heavy/Commercial (C-1).
[Ord. 100, 10/12/1993, § 404; as amended by Ord. 105, 12/13/1994, §§ 4, 6; by Ord. 133, 4/10/2001, § 5; and by Ord. 172, 4/14/2009]
4.
Minimum Yard Dimensions.
A.
Front yard: 50 feet.
B.
Each side yard: 30 feet.
C.
Rear yard: 30 feet.
D.
No more than 50% of any required yard depth may be used for off-street parking or loading. No yards abutting residential districts may be used for parking.
E.
Side and rear yards abutting a residential district shall not be used for off street parking.
§ 405 Light Commercial (C-2).
[Ord. 100, 10/12/1993, § 405; as amended by Ord. 105, 12/13/1994, § 5; by Ord. 119, 4/14/1998; by Ord. 133, 4/10/2001, § 6; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Retail stores or shops for the conducting of any retail business.
B.
Business, professional or government offices.
C.
Banks, savings and loan associations.
D.
Restaurants.
E.
Tourist home.
F.
Golf ranges, par three and miniature golf courses.
G.
Single-family detached dwellings.
H.
All uses permitted in § 402, Residential (R), and § 403, Village Center District (VC).
I.
Forestry.
2.
Permitted accessory uses, located on the same lot with the permitted principal use.
A.
Off-street parking area pursuant to § 505.
B.
Signs pursuant to § 504.
C.
Customary accessory uses and buildings, provided such are clearly incidental to the principal use.
D.
Home occupations pursuant to § 502.
E.
Family day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No family day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
F.
Group day-care homes may be allowed as a home occupation, provided the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be met.
(5)
No group day-care home shall be located within 1,000 feet of another family day-care home, group day-care home or child day-care center.
G.
Wind turbine.
5.
Minimum Yard Dimensions.
A.
Front yard: 50 feet.
B.
Each side yard: 30 feet.
C.
Rear yard: 30 feet.
D.
No more than 50% of any required yard depth may be used for off-street parking or loading. No yards abutting residential districts may be used for parking.
E.
Side and rear yards abutting a residential district shall not be used for off-street parking.
6.
Screening.
A.
Architectural or botanical screening shall be provided along all property lines abutting residential districts.
B.
Fences, walls or year round planting and/or other structures shall have a height of six feet.
C.
If trees, evergreens, hedges or other types of year round plants are used, the area landscaped shall be 10 feet in width.
7.
Screening and Landscaping Requirements.
A.
Yard Groundcover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season groundcover approved by the Board of Supervisors. In addition, gravel can be substituted if done in a manner to compliment other vegetative materials. It shall be maintained to provide an attractive appearance and all nonsurviving plants shall be replaced promptly.
B.
Landscaping Requirements.
(1)
Any required landscaping shall include a combination of the following elements: deciduous trees, groundcovers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.
(2)
For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. For every 300 square feet of interior landscaping required (parking lots), one shade tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.
C.
Screening. The following materials may be used: evergreens (trees, hedges or shrubs), walls, fences, earth berms or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Screening shall be arranged so as to block the ground level views between grade, and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation.
D.
Selection of Plant Material. Trees and shrubs shall be typical of their species and variety; have normal growth habits, well developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project. Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.
9.
Access and Traffic Controls. Common curb cuts may be required. All means of ingress and egress shall be located at least 200 feet from any street intersection. The developer shall be responsible for the purchase and erection of any required traffic control devices.
10.
Sewage Disposal. All buildings erected within this district shall be served by public sewers. If public sewers are not available, then an on-lot sanitary sewage disposal system shall be provided in accordance with the rules and regulations as promulgated by the Pennsylvania Department of Environmental Protection (PA DEP).
11.
Storage of Trash or Rubbish. Storage areas for trash and rubbish shall be completely screened on three sides. All organic rubbish shall be contained in vermin-proof containers and no such storage area shall to located within any required front or side yard.
12.
Lighting and Noise. Lighting shall be designated and arranged so as not to reflect toward public streets or surrounding properties. Noise shall be controlled so as not to be a public nuisance.
13.
Use and Maintenance of Yards. All required yard areas not required for screening or parking and loading areas shall be kept open and maintained either planted in grass, suitable landscaping and/or trees.
§ 406 Industrial (I).
[Ord. 100, 10/12/1993, § 406; as amended by Ord. 105, 12/13/1994; by Ord. 122, 9/8/1998, § 3; by Ord. 133, 4/10/2001, § 7; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Wholesale commercial, business offices, professional offices, government offices and general industrial uses which shall be carried on in a completely enclosed building, automobile body shops.
B.
All uses permitted in § 403, Village Center District, § 404, Heavy Commercial (C-1), and § 405, Light Commercial (C-2).
C.
Self-service storage facility.
D.
Communications antennas, buildings or other structures, and communications equipment buildings.
E.
Forestry.
2.
Permitted Accessory Uses (located on the same lot with the permitted principal use).
7.
Junkyard.
A.
Minimum lot size: 20 acres.
B.
Minimum setback lines: 100 feet on all sides with the understanding that no buildings or other merchandise of business be located in this one-hundred-foot area. Further, that the property 100 feet back on all sides be surrounded by a chain-link fence eight feet high and that botanical screening in two rows, one 10 feet and the other 20 feet from the chain-link fence, in an alternating pattern, be provided to screen the fence from view. It is also a requirement that the one-hundred-foot area be landscaped according to the provisions of this Chapter and that such landscaping meet the approval of the Planning Commission. Auto yards cannot store vehicles in areas where there are grades of more than 10% and cannot be located where a stream or other waterway would be located on the property. None of the minimum lot sides can be in a floodplain area. All required permits from governing agencies outside the local jurisdiction must be obtained before filing application. See § 804(B).
8.
Disposal Sites.
A.
Minimum lot size 300 acres.
B.
Minimum setback lines: 300 feet on all sides with the understanding that no building or merchandise of business be located in this three-hundred-foot area. Further, that the property 300 feet back on all sides be surrounded by a chain-link fence eight feet high and that botanical screening can be provided to screen the fence from view. It is also a requirement that the three-hundred-foot setback area be landscaped according to the provisions of this Chapter and that this landscaping meet with the approval of the Planning Commission. These sites cannot be located within a floodplain. Sites cannot be located within 1,000 feet of a stream or waterway. All applicable permits from governing bodies outside of the local jurisdiction must be obtained before filing for application.
§ 407 Floodplain District (FP).
[Ord. 100, 10/12/1993, § 407; as amended by Ord. 119, 4/14/1998; and by Ord. 169, 6/10/2008, § 1]
1.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A.
Regulations, uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
B.
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
C.
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
D.
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2.
Intent. The intent of this Part of this Chapter is to:
A.
Promote the general health, welfare and safety of the community.
B.
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C.
Minimize danger to public health by protecting water supply and natural drainage.
D.
Reduce financial burdens imposed on the community, its governmental units and its residents, by preventing excessive development in areas subject to flooding.
E.
Comply with federal and state floodplain management requirements.
3.
Applicability.
A.
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development anywhere within the Township unless a building permit has been obtained from the Code Enforcement Officer.
B.
A building permit shall not be required for minor repairs to existing buildings or structures.
4.
Abrogation and Greater Restrictions. This Part of this Chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas; however, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of these provisions, the more restrictive shall apply.
5.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Part of this Chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining parts of this Chapter, which shall remain in full force and effect, and for this purpose the provisions of this Chapter are hereby declared to be severable.
6.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part of this Chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Part of this Chapter does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas will be free from flooding or flood damages.
B.
This Part of the chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Part of this Chapter or any administrative decision lawfully made thereunder.
7.
Building Permits Required.
A.
Building permits shall be required before any construction or development is undertaken within any area of the Township.
B.
Issuance of Building Permit.
(1)
The Code Enforcement Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2)
Prior to the issuance of and building permit, the Code Enforcement Officer shall review the application or permit to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Dam Safety and Encroachments Act (Act 1978-325, as amended); the United States Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended), Department of Environmental Protection and the Army Corps of Engineers. No permit shall be issued until this determination has been made.
(3)
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
(4)
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the Township prior to any alteration or relocation of any watercourse.
8.
Application Procedures and Requirements.
A.
Application for such at building permit shall be made, in writing, to the Code Enforcement Officer on forms supplied by Township (see § 702(A)); Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction is to occur.
(3)
Name and address of contractor.
(4)
Site location.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location of the proposed construction as well as existing buildings or structures.
B.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Code Enforcement Officer to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
(2)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
C.
Applicants shall file the following minimum information plus other pertinent information as may be required by the Code Enforcement Officer to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings, structures and other improvements, including the location of any existing or proposed subdivision and land development.
(e)
The location of all existing streets, drives and other accessways.
(f)
The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(4)
The following data and documentation:
(a)
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(b)
Detailed information needed to determine compliance with § 407(29)(F), Storage, and § 407(30), Development Which May Endanger Human Life, including:
1)
The amount, location and purpose of any materials or substances referred to in § 407(29)(F) and § 407(30) which are intended to be used, produced, stored or otherwise maintained on site.
2)
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 407(30)(A) during a one-hundred-year flood.
(c)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
9.
Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Code Enforcement Officer to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Code Enforcement Officer for possible incorporation into the proposed plan.
10.
Review of Application by Others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Code Enforcement Officer to any other appropriate agencies and/or individuals (e.g., Planning Commission, Township Engineer, etc.) for review and comment.
11.
Changes. After the issuance of a building permit by the Code Enforcement Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Code Enforcement Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Code Enforcement Officer for consideration.
12.
Placards. In addition to the building permit, the Code Enforcement Officer shall issue a placard which shall be displayed on the premises during the time the construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Code Enforcement Officer.
13.
Construction Completion.
A.
Work on the proposed construction and/or development shall begin within six months and shall be completed within 24 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Code Enforcement Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.
B.
Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Code Enforcement Officer to approve such a request.
14.
Inspection and Revocation.
A.
During the construction period, the Code Enforcement Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.
B.
In the discharge of his duties, the Code Enforcement Officer shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Part of this Chapter.
C.
In the event the Code Enforcement Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Code Enforcement Officer shall revoke the building permit and report such fact to the Township for whatever action it considers necessary.
D.
A record of all such inspections and violations of this Part of this Chapter shall be maintained.
15.
Fees. Applications for a building permit shall be accompanied by a fee, payable to the Township; said fee being based upon the estimated cost of the proposed construction as outlined in the fee schedule for zoning/building permits adopted by resolution of the Township; said fee schedule may be changed from time to time by resolution of the Township.
16.
Enforcement.
A.
Notices. Whenever the Code Enforcement Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Part of this Chapter, or of any regulation adopted pursuant thereto, the Code Enforcement Officer shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires.
(4)
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part of the chapter.
17.
Appeals. Any person aggrieved by an action or decision of the Code Enforcement Officer involving the administration of the provisions of this Part of this Chapter shall follow the provisions of § 901 of this Chapter.
18.
Designation of Floodplain Areas.
A.
For purposes of this Chapter and Part, the identified floodplain area shall be any areas of Ralpho Township subject to the one-hundred-year flood, which is identified as Zone A (Area of Special Flood Hazard) in the Flood Insurance Study (FIS) dated July 16, 2008, and the accompanying maps or the revision thereof, as issued by the Federal Emergency Management Agency. This includes all digital data developed as part of the Flood Insurance Study.
B.
A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection at the Township Office. For the purposes of this Part of this Chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:
(1)
FW (Floodway) — The areas identified as "Floodway" in the FIS prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study prepared by FEMA.
(2)
FF (Flood-Fringe Area) — The areas identified as "Floodway Fringe" in the Flood Insurance Study prepared by FEMA.
(3)
FA (General Floodplain Area) — The areas identified as "Approximate One-Hundred-Year Floodplain" in the Flood Insurance Study prepared by FEMA.
C.
The FW (Floodway Area) is delineated for purposes of this Part using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the Floodway Data Table contained in the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map.
D.
FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this district shall be the one-hundred-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map.
E.
The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by FEMA. For these areas, elevation and floodway information from federal, state or other acceptable source shall be used when available. When such other acceptable information is not available, the applicant for the proposed use, development or activity shall determine the one-hundred-year elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
F.
The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by FEMA. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available. When such other acceptable information is not available, the applicant for the proposed use, development or activity shall determine the one-hundred-year elevation in accordance with hydrologic and hydraulic engineering techniques. The applicant shall also delineate a floodway area and provide sufficient documentation to demonstrate that his proposed activity, together with all other existing and anticipated development, uses and activities, will not increase the water surface elevation of the one-hundred-year flood more than one foot at any point. The engineering principle of equal reduction of conveyance, shall be used to make the determination of increases in flood heights. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
19.
Overlay Concept.
A.
The flood districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
C.
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
20.
Zoning Map. The boundaries of the floodplain districts are established as part of the Official Zoning Map of Ralpho Township which is declared to be a part of this Chapter and which shall be kept on file at the Township offices.
21.
Changes in Floodplain Area Delineations.
A.
The areas considered to be floodplain may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
B.
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency.
22.
Disputes. Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Board. The burden of proof shall be on the appellant.
23.
District Boundary Changes. The delineation of any of the floodplain districts may be revised by the Board of Supervisors of Ralpho Township where natural or man-made changes have occurred and or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, Susquehanna River Basin Commission or other qualified agency or individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
24.
Interpretation of District Boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Code Enforcement Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board (Board) shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
25.
District Provisions.
A.
All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances such as the Ralpho Township Subdivision and Land Development Ordinance [Chapter 22]. In addition, all such uses, activities and development shall be undertaken only in compliance with Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334.
B.
Under no circumstances shall any use, activity and/or development adversely affect the capability of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
C.
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Township, a permit shall be obtained from the Department of Environmental Protection, Dams and Encroachment Division. Further, notification of the proposal shall be given by Ralpho Township to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
26.
General Technical Requirements.
A.
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which way be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.
B.
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Part of this Chapter and any other applicable codes, ordinance and regulations.
27.
Special Floodway and Stream Setback Requirements.
A.
Within any FW (Floodway Area), the following provisions apply:
(1)
Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
B.
Within any FA (General Floodplain Area), the following provisions apply:
(1)
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.
28.
Elevation and Floodproofing Requirements.
A.
Residential Structures. Within any FW, FF or FA, the lowest floor (including basement) of any new or substantially improved residential structure shall be at least one foot above the one-hundred-year flood elevation.
B.
Nonresidential Structures.
(1)
Within any FW, FF or FA, the lowest floor (including basement) of any new or substantially improved nonresidential structure shall be at least one foot above the one-hundred-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(2)
Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for that type of construction.
29.
Design and Construction Standards. The following standards shall apply for all construction and development proposed within any identified floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from all points.
(2)
Consist of inorganic (except topsoil) soil or small rock materials only. Sanitary landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Code Enforcement Officer.
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
B.
Drainage. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C.
Water and Sanitary Sewer Facilities and Systems.
(1)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
D.
Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E.
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
F.
Storage. All materials that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life, and not listed in § 407(30), Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G.
Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(2)
All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I.
Floors, Walls and Ceilings.
(1)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2)
Plywood used at or below the regulatory flood elevation shall be of a "marine" or water-resistant variety.
(3)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water resistant and will withstand inundation.
(4)
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J.
Paints and Adhesives.
(1)
Paints or other finishes used at or below the regulatory flood elevation shall be of "marine" or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or water-resistant quality.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or water-resistant paint or other finishing material.
L.
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M.
Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems the event that floodwater infiltration occurs.
30.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which:
- | Will be used for the production or storage of any of the following dangerous materials or substances. | |
- | Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises. | |
- | Will involve the production, storage, or use of any amount of radioactive substances. |
shall be subject to the provisions of this Section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life: |
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
B.
Within any FW (Floodway Area), any structure of the kind described in Subsection A, above, shall be prohibited.
C.
Within any FA (General Floodplain Area), any structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure of the kind described in Subsection A, above, shall be:
(1)
Elevated or designed and constructed to remain completely dry up to at least one foot above the one-hundred-year flood.
(2)
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard. |
31.
Special Requirements for Manufactured Homes.
A.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
B.
Within any FA (General Floodplain Area), manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C.
Where permitted within any identified floodplain area, all manufactured homes, and any additions thereto, shall be:
32.
Activities Requiring Special Permits.
A.
In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Floodplain Management Act, the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Township. The commencement of any of the following activities, or the construction, enlargement or expansion of any structure used, or intended to be used for any of the following activities:
B.
The commencement of, or any construction of, a new mobile park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
C.
Application Requirements for Special Permits. Applicants for special permits shall provide five copies of the following items:
(1)
A written request including a completed building permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
A plan of the entire site, clearly and legible drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the National Geodetic Vertical Datum 1929, showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and other natural and man-made features affecting, or affected by, the proposed activity or development.
(f)
The location of the floodplain boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water including direction and velocities.
(g)
The location of all proposed buildings, structures, utilities and any other improvements.
(h)
Any other information which the Township considers necessary for adequate review of the application.
D.
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(1)
Sufficiently detailed architectural or engineering drawings including floor plans, sections and exterior building elevations, as appropriate.
(2)
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(3)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood.
(4)
Detailed information concerning any proposed floodproofing measures.
(5)
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.
(6)
Profile drainings for all proposed streets, drives and vehicular accessways including existing and proposed grades.
(7)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
E.
The following data and documentation:
(1)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
(2)
Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.
(3)
A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.
(4)
A statement certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows.
(5)
A statement, certified by a registered professional engineer, architect or landscape architect, which contains complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows.
(6)
The appropriate component of the Department of Environmental Protection Planning Module for Land Development.
(7)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(8)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under § 302 of Act 1978-166.
(9)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
F.
Application Review Procedures. Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to those of Part 2:
(1)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township, Planning Commission and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall notify the applicant in writing, stating in what respect application is deficient.
(3)
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs, by registered or certified mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow the Department of Community Affairs 30 days, after receipt of the notification by the Department, to review the application and decision made by the Township.
(6)
If the Township does not receive any communication from the Department of Community Affairs during the thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Department of Community Affairs should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
G.
Special Technical Requirements.
(1)
In addition to the requirements of this Part, the minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in this Part or in any other code, ordinance or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:
1)
The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or to damage either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
2)
The lowest floor elevation will be at least one foot above the one-hundred-year elevation.
3)
The occupants of the structure can remain inside for period of time and be safely evacuated at any one-hundred-year flood.
(b)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
All hydrologic and hydraulic analyses will be undertaken only by professional engineers, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Department of Community Affairs. |
H.
Existing Structures in Identified Floodplain Areas. Structures existing in any identified floodplain area prior to the enactment of this Chapter may continue subject to the following provisions:
(1)
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in flood heights.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Part of this Chapter.
(3)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
33.
Variances.
A.
General. If compliance with any of the requirements of this Part of this Chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Board may, upon request, grant relief from the strict application of the requirements.
B.
Variance Procedures and Conditions. Requests for variances shall be considered by the Board, in accordance with the procedures contained in § 801 of this Chapter and the following:
(1)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(2)
Except for a possible modification of the one-foot freeboard requirements, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Part 5) or to "Development Which May Endanger Human Life" (§ 406(30)).
(3)
If granted, a variance shall involve only the least modification necessary to provide relief.
(4)
In granting any variance, the Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this Chapter.
(6)
In reviewing any request for a variance, the Board shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary expense, (ii) nor create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state statute or local ordinance and regulation.
(7)
A complete record of all variance requests and related actions shall be maintained by the Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
34.
Floodway District (FW). In the Floodway District no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and state or federal authorities as required above.
(1)
Permitted Uses. In the Floodway District, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structure, fill or storage of materials and equipment:
(a)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, hunting and fishing areas.
(c)
Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.
(d)
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(2)
Uses Permitted by Special Exception. The following uses and activities may be permitted by special exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by this Chapter:
(a)
Structures, except for mobile homes, accessory to the uses and activities in subsection (1) above.
(b)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(d)
Extraction of sand, gravel and other materials.
(e)
Temporary uses such as circuses, carnivals and similar activities.
(f)
Storage of materials and equipment provided that they are not flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
(g)
Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
35.
Flood-Fringe District (FF). In the Flood Fringe District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
36.
General Floodplain District (FA). In the General Floodplain Conversation District the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
37.
General Floodplain District (FA).
A.
In the General Floodplain District no development, use or actively (including fill, grading and/or substantial improvements to structure, etc.) shall be permitted unless the applicant for the proposed development, use or activity has demonstrated that the proposed undertaking, when combined with all other existing and anticipated development, uses and activities, will not increase the water surface elevation of the one-hundred-year flood more than one foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increases in flood heights.
B.
In the floodway portion of the district no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements. Only those uses and/or activities provided for in the Floodway District (FW) shall be permitted in the floodway portion of this district.
C.
All uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this and all other applicable codes and ordinances.
§ 408 Wind Turbines.
[Added by Ord. 172, 4/14/2009]
A wind turbine installed and operated primarily for private residential or farm use shall be required to comply with the specific regulations set forth below:
A.
A wind turbine shall be positioned in such a manner that it will not collapse onto adjacent property or create a safety hazard to others.
B.
A wind turbine shall be a nonobtrusive color such as white, off-white or gray.
C.
A wind turbine shall not be artificially lighted unless so required by other applicable regulations and shall not display advertising, except for reasonable identification of the turbine manufacturer.
D.
A wind turbine shall not be climbable up to 15 feet above grade level.
E.
A wind turbine shall have a maximum height of 60 feet above grade level.
F.
The owner of any property on which a wind turbine is located shall be required to completely remove any wind turbine which has not been used to generate electricity for a continuous period of 12 months.
G.
A wind turbine shall be installed according to manufacturer specifications.
H.
The owner of the wind turbine shall be required to maintain general liability insurance covering bodily injury and property damage with coverage limits of not less than $250,000 per occurrence and $250,000 in the aggregate. Certificates evidencing such coverage shall be delivered to the Township upon request.
§ 409 Wind Energy Facilities.
[Added by Ord. 172, 4/14/2009]
A wind energy facility installed and operated primarily for the purpose of commercial electrical power generation shall be required to comply with the specific regulations set forth below:
A.
Application Requirements.
(1)
The application shall be accompanied by a narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the facility; the approximate number, representative types and height or range of heights of the wind turbines to be constructed, including their generating capacity and dimensions; and a description of all ancillary facilities.
(2)
The application shall be accompanied by a site plan showing the boundary lines of the parcel; zoning setback lines; access road and turnout locations; location of each proposed wind turbine; substation(s); electrical cabling from the wind energy facility to the substation(s); ancillary equipment; buildings and other structures, including meteorological towers; and transmission lines.
(3)
Wind energy facilities shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable Ralpho Township ordinances.
B.
Design and Installation.
(1)
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations of the Pennsylvania Department of Labor and Industry.
(2)
Design Safety Certification. The design of the wind energy 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, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
(3)
Control and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(4)
Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.
(5)
Visual Appearance. Wind turbines shall be a nonobtrusive color, such as white, off-white or gray, and shall not display advertising except for reasonable identification of the turbine manufacturer and owner/operator of the wind energy facility. Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(6)
Warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Visible reflective markers, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy lines up to a height of 10 feet from the ground.
(7)
Security. Wind turbines shall not be climbable up to 15 feet above grade level. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.
(8)
Setbacks. Wind turbines shall be set back from any occupied building on the wind energy facility site, any property line, or any public road a distance of not less than 1.1 times the distance from the surface of the tower foundation to the highest point of the turbine rotor plane (turbine height). The setback distance shall be measured from the nearest point of the tower foundation to the nearest point of the occupied building, property line or public road. Wind turbines shall be set back from any occupied building on any property adjoining the wind turbine facility site a distance of not less than five times the distance from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached (hub height). The setback distance shall be measured from the nearest point of the tower foundation to the nearest point of the occupied building.
(9)
Noise and Shadow Flicker.
(a)
Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on any property adjoining the wind energy facility site. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in the AWEA Standard 2.1-1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(b)
The owner/operator of the wind energy facility shall make reasonable efforts to minimize shadow flicker to any occupied building on any property in the vicinity of the wind energy facility site.
(10)
Signal Interference. The owner/operator of the wind energy facility shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals to any property in the vicinity of the wind energy facility and shall mitigate all harm to such signals caused by the wind energy facility.
(11)
The owner/operator of the wind energy facility shall be required to maintain general liability insurance covering bodily injury and property damage with coverage limits of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates evidencing such coverage shall be delivered to the Township upon request.
(12)
Decommissioning.
(a)
The owner/operator of the wind energy facility shall, at its expense, complete decommissioning of the wind energy facility, or any individual wind turbine, within 12 months after the end of the useful life of the facility or any individual turbine. The facility or individual turbine shall be presumed to be at the end of its useful life if no electricity is generated thereby for a continuous period of 12 months.
(b)
The applicant shall submit with its application an estimate prepared by a professional engineer as to the total cost of decommissioning the proposed wind energy facility without regard to salvage value of the equipment. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, road, foundations to a depth of 36 inches, and any other associated facilities, followed by grading and seeding of all disturbed earth. The owner/operator of the wind energy facility shall be required to submit similar estimates to the Township at five-year intervals from the date of issuance of the zoning permit for the facility.
(c)
Prior to issuance of the zoning permit for the facility, the owner/operator of the wind energy facility shall deliver to the Township decommissioning funds, equal to the amount of the estimated cost of decommissioning, the form of a performance bond payable to the Township or its assigns issued by a registered insurance or bonding company authorized to do business within the commonwealth. Such bond shall be maintained by the owner/operator of the wind energy facility and shall be replaced, if necessary, at five-year intervals in order to assure that the amount thereof remains equal to the most recent estimate of the cost of decommissioning.
(d)
If the owner/operator of the wind energy facility fails to complete decommissioning of the facility site within the twelve-month period described above, the owner/operator shall be deemed to have consented to the entry upon the premises by the Township or its assigns for the purpose of completing the decommissioning of the facility site, and the Township or its assigns may take such measures as necessary to complete decommissioning of the site. In the event, the Township or its assigns shall be entitled to recover the costs incurred as a result of the decommissioning of the site from the surety of the aforementioned performance bond and, if necessary, through the sale of any salvageable materials from the site.
§ 410 Criteria for Solar Energy Systems.
[Added by Ord. No. 195, 11/8/2022[1]]
1.
Permit Requirements and Applications.
A.
No solar energy system, or addition to an existing solar energy system shall be constructed or located within Ralpho Township unless a permit has been issued to the applicant. All applications for a major solar energy system shall be considered a land development, shall meet the requirements of this Section and the Ralpho Township Subdivision and Land Development Ordinance (SALDO),[2] and shall be reviewed by the Township Planning Commission and approved by the Supervisors.
B.
The permit application or amended permit application shall be accompanied with the requisite application and escrow fee.
C.
Any physical modification to an existing and permitted minor solar energy system that materially alters the equipment shall require a permit modification under this Section. Like-kind replacements shall not require a permit modification.
2.
Design, Installation, Review Criteria, Certification and Compliance, and Decommissioning.
A.
Design Requirements.
(1)
Solar collection systems shall not be located in the front yard between the principal structure and the public right-of-way or private street. Corner lots shall have front yard requirement along all streets.
(2)
Height. Freestanding collection systems shall not exceed 10 feet in height.
(3)
Size. Freestanding collection systems on residential properties shall not exceed the greater of one-half the footprint of the principal structure or 600 square feet, whichever is greater. The size of accessory arrays for non-residential properties shall not exceed one-half of the footprint of the principal structure except for rooftop systems.
(4)
Solar collection systems are permitted to be located on the roof or the exterior wall of a structure subject to the following:
(a)
Collection systems shall not extend more than three feet above the roof line;
(b)
Collection systems shall not exceed the maximum height permitted in the zoning district in which it is located; and
(c)
Collection systems located on the roof or attached to a structure shall provide, as part of their permit application a structural certification.
(5)
Code Compliance. Solar collection systems shall comply with all applicable building and electrical codes.
(6)
Minor collection systems may be located on accessory structures subject to setback requirements of the current Township Zoning District.
(7)
Collection systems located on an agricultural assessed property shall be permitted to have additional collection systems for each building on the property. The size of the system shall be limited to the need of the building.
B.
Installation.
(2)
The installation and design of the solar energy system shall ensure that there is no solar glare on neighboring properties or public roadways, noise from the solar energy system shall not impact neighboring properties, earth disturbance and importation or removal of fill shall be minimized, and removal of trees shall be kept to a minimum.
C.
Review Criteria.
(1)
Minor solar energy systems that meet the requirements of this Section and all other applicable construction codes will be issued a permit by the Zoning Officer.
(2)
Major solar energy systems are declared to be special exception uses and may be permitted upon application to and approval by the Zoning Hearing Board subject to the following review criteria. The Zoning Hearing Board:
(a)
Shall determine that adequate measures have been undertaken by the proponent of the major solar energy system to reduce the risk of accidents caused by hazardous materials.
(b)
As required by existing statutes, shall determine that the proposed major solar energy system is essential or desirable to the public convenience and/or not detrimental or injurious to the public health or safety, or to the character of the surrounding neighborhood.
(c)
Shall determine that the proposed major solar energy system will not be reasonably detrimental to the economic welfare of the Township and/or that it will not create excessive public cost for public services by finding that: (1) it will be adequately serviced by existing services such as highways, roads, police and fire protection, emergency response, and drainage structures, refuse disposal, water and sewers; or (2) that the applicant shall provide such services or facilities.
(d)
Shall consider industry standards, available technology, and proposed design technology for solar energy in promulgating conditions of approval.
(e)
No permit will be issued nor can any construction begin until the applicant has met all the requirements of the Ralpho Township Subdivision and Land Development Ordinance (SALDO).
D.
Certification and Compliance.
(1)
The Township must be notified of a change in ownership of a major solar energy system or a change in ownership of the property on which the major solar energy system is located.
(2)
The Township reserves the right to inspect any major solar energy system in order to ensure compliance with this Section. Any cost associated with the inspections shall be paid by the owner/operator of the major solar energy system.
(3)
The major solar energy system owner(s) or operator(s) shall provide the Township Zoning Officer with a copy of the yearly maintenance inspection report.
(4)
As part of the granting of any special exception, the Zoning Hearing Board may impose other inspection, certification, compliance and additional conditions to protect the health and safety of Township residents.
E.
Decommissioning.
(1)
The owner or operator of the major solar energy system or the owner of the land on which the major solar energy system is located ("owner(s)/operator(s)/landowner(s)") shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owner(s)/operator(s)/landowner(s) or assigns, and for a good cause, the zoning officer may grant a reasonable extension of time. The major solar energy system will be presumed to be at the end of its useful life if no electricity or other form of power is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s)/operator(s)/landowner(s).
(2)
Decommissioning shall include the removal of panels, buildings, electrical components, and roads, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining foundation shall be identified on a map as such and recorded with the deed to the property with the County Recorder of Deeds.
(3)
All access roads to the major solar energy system shall be removed, cleared, and graded by the owner(s)/operator(s)/landowner(s), unless the landowner(s) request, in writing, a desire to maintain the access road. The Township will not be assumed to take ownership of any access road unless through official action of the Township Supervisors.
(4)
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s)/operator(s)/landowner(s) or their assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.
(5)
In addition to the decommissioning requirements listed previously, the major solar energy system shall also be subject to the following:
(a)
If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the period prescribed above, the Zoning Officer may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. The Township shall be authorized to use all means provided in law, including collecting on the bond or a municipal lien, to recover all costs of decommissioning.
(b)
The owner(s)/operator(s)landowner(s) shall retain a professional engineer to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Township may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Township Zoning Officer after the first year of operation and every fifth year thereafter. The Township shall have the right to have the estimate reviewed by an engineer of their choosing. All engineer's fees shall be paid by the owner(s)/operator(s)/landowner(s).
(c)
The owner(s)/operator(s)/landowner(s) shall post and maintain decommissioning funds in an amount not less than 110% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or state chartered lending institution chosen by the owner(s)/operator(s)/landowner(s) posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Township.
(d)
Decommissioning funds shall be in the form of a performance bond made out to Ralpho Township.
(e)
A condition of the bond shall be that the bond shall not expire or terminate until a new bond is in place, unless the Township agrees otherwise.
(f)
Failure to keep the bond in effect while a major solar energy system is in place will be a violation of the special exception permit. If a lapse in the bond occurs, Ralpho Township may take action up to and including requiring ceasing operation of the major solar energy system until the bond is re-posted.
(g)
The escrow agent shall release the decommissioning funds when the owner(s)/operator(s)/landowner(s) 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.
(h)
If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the periods addressed previously, then the Township may take such measures as necessary to complete decommissioning. The entry into 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.
(6)
As part of the granting of any special exception, the Zoning Hearing Board my impose additional decommissioning conditions to protect Township interests and the health and safety of Township residents.
3.
Setbacks, Restrictions, and Easements.
A.
Minor Solar Energy Systems.
(1)
Shall be considered an accessory use in all zoning districts, follow all those requirements and shall be reviewed by the Zoning Officer.
(2)
Shall not be located in the front yard between the principal structure and the public right-of-way or private street.
(3)
On existing construction a system may be installed as long as it meets the requirement of this Section and all other applicable construction codes.
(4)
Upon request, the Zoning Hearing Board may grant variances of the setback or height requirements, provided that the variance will not present any undue hardships on the adjoining property.
(5)
The Zoning Hearing Board shall take into consideration the support or opposition of the adjacent property owners in granting variances of setback or height requirements.
(6)
Shall not exceed one half of the footprint of the principal structure or 600 square feet, whichever is greater, except for rooftop systems.
(7)
Shall conceal and buffer the solar collector's supporting structures, inverters, other structures, fixtures and piping to the greatest extent possible and also make sure that any noise from the System shall not adversely impact adjoining landowners.
B.
Major Solar Energy Systems.
(1)
Shall be considered a "special exception use" in the A-F-Agriculture-Forest Zoning District in accord with this Section.
(2)
Must be a minimum of 50 feet from any zoning district boundary line other than the A-F-Agriculture-Forest Zoning District, as well as any property line of existing residential public or quasi-public use.
(3)
Shall not be located within 50 feet of a public or private road right-of-way, nor within 50 feet from all other property lines.
(4)
Upon request, the Zoning Hearing Board may grant a variance of the setback or height requirements, provided that the variance will not present any undue hardships on the adjoining property. If necessary to avoid noise or solar glare, the Zoning Hearing Board, on a case-by-case basis, may increase these setback requirements. Under no circumstances shall decibel readings from the major solar energy system exceed 45 decibels at the minimum 50-foot setback line.
(5)
The Zoning Hearing Board shall take into consideration the support or opposition of adjacent property owners in granting variances of setback or height requirements.
(6)
Shall provide a 15-foot planted buffer/screen along all property lines unless the Zoning Hearing Board, on a case-by-case basis, determines that additional buffering is necessary to avoid disturbance or inconvenience to others.
(7)
Shall conceal solar collector's supporting structures, inverters, other structures, fixtures and piping to the greatest extent possible.
4.
Site Plan and Safety Requirements.
A.
Minor Solar Energy Systems. A basic site plan, not to scale, shall be provided showing lot boundary lines and setback lines, adjoining property owners, and the location of the minor solar energy system.
B.
Major Solar Energy Systems.
(1)
Site Plan Drawing. All applications for a major solar energy system special exception permit shall be accompanied by a descriptive narrative of the project as well as a detailed site plan map that is drawn to scale and dimensioned, displaying at least the following information:
(a)
Existing property features to include the following: property lines, physical dimensions of the property, total parcel size, land use, zoning district, contours, elevations, setback lines, rights-of-way, public and utility easements, public roads, access roads (including width), sidewalks, nonmotorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location of all structures and utilities within 300 feet of the property.
(b)
Location, size, and height of all proposed major solar energy systems, buildings, structures, ancillary equipment, underground utilities and their depth, security fencing, access roads (including width, composition, and maintenance plans), electrical sub-stations, and other above ground structures and utilities associated with the proposed major solar energy system.
(c)
Additional details and information as required by the special exception requirements of Ralpho Township or as requested by the Zoning Officer or Township Supervisors.
(2)
Site Plan Documentation. The following documentation shall be included with the site plan:
(a)
The contact information for the owner(s) and operator(s) of the major solar energy system as well as contact information for all property on which the major solar energy system is located.
(b)
A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed major solar energy system. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.
(c)
Identification and location of the properties on which the proposed major solar energy system will be located.
(d)
The proposed number, representative types and height of each component of the system to be constructed; including their manufacturer and model, product specifications including total rated capacity, and a description of any ancillary facilities.
(e)
Engineering data where applicable concerning construction of the major solar energy system and its components, which may include, but not be limited to, soil boring data.
(f)
A certified registered engineer shall certify that the major solar energy system meets or exceeds the manufacturer's construction and installation standards.
(g)
Anticipated construction schedule.
(h)
A copy of the maintenance and operation plan, including reasonably anticipated maintenance. Additionally, a description of the procedures that will be used to conduct maintenance, if applicable.
(i)
Documented compliance with applicable local, state and national regulations, including, but not limited to, all applicable safety, construction, environmental, electrical and communications requirements.
(j)
Proof of applicant's liability insurance.
(k)
Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved.
(m)
Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the special exception permit. Applicant shall provide an as-built plan as required by the Ralpho Township Subdivision and Land Development Ordinance.
(n)
A written description of the anticipated life of the major solar energy system; estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the major solar energy system becomes inoperative or non-functional.
(o)
The applicant shall submit a decommissioning plan that will be carried out at the end of the major solar energy system's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.
(p)
The Township reserves the right to review all maintenance plans and bonds under this Section to ensure that all conditions of the permit are being followed.
(q)
Signature of the applicant.
(r)
In addition to the site plan requirements listed previously, the major solar energy system shall be subject to the following:
1)
A site grading, erosion control and stormwater drainage plan shall be submitted to the Northumberland County Conservation District and Pennsylvania Department of Environmental Protection. These plans shall also be reviewed by the Township's engineering firm. The cost of this review will be the responsibility of the applicant.
2)
A statement indicating what hazardous materials will be used and stored on the site.
3)
A study assessing any potential impacts on the natural environment, including, but not limited to, assessing the potential impact on endangered species, birds and/or wildlife, wetlands and fragile ecosystems. The study shall conform to state and federal wildlife agency recommendations based on local conditions.
4)
Use of Public Roads.
a)
The applicant shall identify all state and local public roads to be used within the Township to transfer equipment and parts for construction, operation or maintenance of the major solar energy system.
b)
The Township's Engineer or a qualified third party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction if applicable. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
c)
The Township may require the applicant to bond the road(s) in compliance with state regulations.
d)
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
e)
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads to the satisfaction of the Township Solicitor.
5)
Access Driveway. Each major solar energy system shall require the construction of a private road to offer an adequate means by which the Township may readily access the site in the event of an emergency. All private roads shall be constructed to the Township's private road standards.
C.
Safety Requirements — Major Solar Energy Systems.
(1)
If the major solar energy system is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation set forth in the public utility's then-current service regulations applicable to solar power generation facilities, and the connection shall be inspected by the appropriate public utility.
(2)
Security measures need to be in place to prevent unauthorized trespass and access. All access doors to electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).
(3)
All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner, and disposed of in accordance with current DEP regulations. The operator shall provide Material Safety Data Sheets to the Elysburg and Ralpho Township Fire Companies for all applicable materials kept on site and update those sheets accordingly.
(4)
Each major solar energy system shall have a minimum of one sign, not to exceed two square feet in area, posted on the security fence if applicable. The sign shall contain at least the following:
(5)
To the extent applicable, the major solar energy system shall comply with the Pennsylvania Uniform Construction Code (34 Pa. Code).
5.
Natural Resources and Historic Sites. Except for minor solar energy systems, no major solar energy system shall be located less than 50 feet from any National Wetland Inventory Wetland, Historic Site or lake, dam, ponds or public water supply sources, unless the Zoning Hearing Board, on a case-by-case basis, determines that additional separation is required to protect said resources.
6.
Major Solar Energy System as a Second Principal Use. In the A-F Zone, a major solar energy system is permitted as a special exception on a property with an existing use subject to the following standards:
A.
The minimum lot area, minimum setbacks and maximum height required by this Section for the major solar energy system 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.
B.
The vehicular access to a major solar energy system 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 filed of record or other legal interest for the land for the proposed system and that vehicular access is provided to the facility.
8.
Parking. If the solar energy system site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than two.
9.
Licenses: Other Regulations. The applicant shall demonstrate that the required permits and licenses from the Federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the Township copies of all required documents, studies, and responses (e.g., National Environmental Policy Act,[5] Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, U.S. Fish and Wildlife Service, the Department of Conservation and Natural Resources and the PA Game Commission).
[5]
Editor's Note: See 42 U.S.C. § 4321 et seq.
10.
Liability Insurance. The applicant for a major solar energy system shall submit 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 energy system. The applicant shall provide the Township with proof of annual renewal prior to expiration.
11.
Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible without restricting solar access. Low growth vegetation is suggested and the use of herbicides, pesticides, or other chemical agents is strongly discouraged and may be banned by the Zoning Hearing Board in appropriate cases.
12.
Soil Erosion and Sedimentation Control; Stormwater Management. If applicable, all earth disturbances shall comply with the soil erosion and sedimentation control requirements of the Northumberland County Conservation District and the Pennsylvania Department of Environmental Protection; and no approval shall be granted under this Section until applicant provides a copy of the approved soil erosion and sedimentation control plan and any required permits. A stormwater management plan and stormwater management facilities shall be provided for all major solar energy systems in accord with the Township's current Stormwater Management requirements.[6] There are no impervious area exemptions to relieve the requirement of submitting a stormwater management plan for major solar energy systems.
13.
Fire Control/Local Emergency Services.
A.
In addition to supplying Material Safety Data Sheets to the local fire companies, the applicant shall provide a project summary and fire control site plan including details about any fire suppression system proposed for any major solar energy system or structure. The plan shall be provided to the fire companies for review and comment.
B.
Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the major solar energy system.
14.
Solar Access. A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the Northumberland County Recorder of Deeds.
15.
Compatibility With Other Ordinance Requirements. Approvals issued pursuant to this Section do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.
16.
Escrow Fees. The minimum escrow fund account for a major energy facility shall be $2,500. The applicant acknowledges that the money in escrow is for reimbursement at Ralpho Township's discretion for any and all engineering, legal or other expenses incurred by the Township exclusive of work performed by Township staff members, in processing the application and plans. As soon as this escrow account decreases by 50%, the applicant will be notified by the Township and shall make payment in the amount necessary to fully fund the account within 30 days of notification. Prior to the final approval of any application, the Township will determine all costs incurred; and, to the extent that there has been an overpayment or an underpayment, there shall be a refund or supplemental payment, as indicated. Upon the recording of the plan with the Recorder of Deeds and payment of all Township engineering, legal and other expenses incurred by the Township, exclusive of work performed by full-time Township staff members, the applicant may submit a written request to the Township for a refund of the unused escrow funds. Money held in escrow will not be returned until all invoices from the Township Engineer and Solicitor have been received by the Township and paid by the applicant. The Solicitor's and Engineer's invoices are submitted to the Township every 30 days. Disputes between the applicant and the Township regarding fees shall be settled pursuant to § 503(1) and § 503(g) of the Pennsylvania Municipalities Planning Codes, as amended.
17.
Remedies.
A.
It shall be unlawful for any person, firm or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Section, or any permit issued under the Ordinance, or cause another to violate or fail to comply, or take action which is contrary to the terms of this Section or any permit issued under this Section.
B.
If the Zoning Officer determines that a violation of this Section or the permit has occurred, the Zoning Officer shall provide written notice to any person, firm or corporation alleged to be in violation of this Section or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Township and parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
C.
If after 30 days of the notice of violation the Zoning Officer determines in its discretion, that the parties have not resolved the alleged violation, the Township may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this Section or permit.
[1]
Editor's Note: This Section applies to solar energy systems installed and constructed, or upgraded, modified or structurally changed that materially alters the size or placement of an existing solar energy system, after the effective date of this Ordinance (November 13, 2022).