West Hazleton City Zoning Code
ARTICLE 7
Conditional Uses
§ 145-701 Purpose.
The purpose of a use classified as a "conditional use" is to provide expressed standards to regulate uses classified as such in particular zoning districts as provided in Article 5 of this Chapter.
§ 145-702 Conditional Use Application Fee.
As part of the conditional use application fee, which shall be established by resolution, the applicant shall be responsible to reimburse the Township for all reasonable and necessary consulting fees which are incurred by the Township to review plans, reports, data, studies and any other information related to an application for a conditional use permit.
§ 145-703 General Provisions.
The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Board of Supervisors, with the Township Planning Commission having the authority to review and submit their recommendations to the Board of Supervisors. Decisions by the Board of Supervisors shall be made in accordance with standards and criteria set forth in this Article, any studies and reports required within the context of an impact analysis, as so defined in Article 2 of this Chapter, the respective zoning district in which the use is located, all other applicable regulations of this Chapter, other ordinances of the Township and all applicable State and/or Federal regulations.
§ 145-704 Application and Site Plan.
A conditional use application and ten (10) copies of said application shall be submitted to the Zoning Officer along with ten (10) copies of a site plan which includes the following information.
A.
The site plan shall be a scale of not greater than one (1) inch equals fifty (50) feet. Such plan shall, at a minimum, indicate:
(1)
The location and size of all buildings and structures, both principal and accessory, open space, parking areas, traffic access and circulation.
(2)
All public or private streets within one thousand (1,000) feet of the site.
(3)
Contours of the site for each two (2) feet of change in elevation, based upon a field survey of the site, with the name of the person or firm who conducted survey and the date of survey.
(4)
Streams, ponds, watercourses, wetlands or any other bodies of water, including natural or man-made drainage swales located both on the site and within five hundred (500) feet of the site.
(5)
The location, nature and terms of any existing or proposed easements on the site and any existing or proposed easements both on-site and off-site which are used or intended to be used for access to the site.
(6)
The location, type and height of any required screening.
(7)
The location of all structures within two hundred (200) feet of any property line boundary of the subject site.
(8)
The map, block and lot number of the subject parcel.
(9)
A location map at a scale of not greater than one (1) inch equals two thousand (2.000) feet, indicating the relation of the site to its geographic proximity within the Township.
(10)
A narrative outline which fully describes the proposed use of the site and the pertinent operational aspects and features of the proposed use.
(11)
Any other information required by the Board of Supervisors for determining the conformance of the conditional use with the regulations for that particular use.
§ 145-705 Procedural Requirements in Rendering a Decision.
A.
Prior to approving or denying an application for a conditional use, the Board of Supervisors shall conduct a public hearing pursuant to public notice. The Board of Supervisors shall submit the application for the proposed conditional use to the Wright Township Planning Commission and to the Luzerne County Planning Commission, not less than thirty (30) days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as they may deem appropriate.
B.
The required public hearing shall be held and conducted in accordance with the same procedural guidelines which govern the Zoning Hearing Board under Article 15 of this Chapter. The term "Board of Supervisors" shall replace the term "Zoning Hearing Board" in relevant passages of said Article.
C.
The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within forty-five (45) days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this Chapter or any other ordinance, rule or regulation, shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
D.
The Board of Supervisors shall convene a hearing on a conditional use application within sixty (60) days from the applicant's request, unless the applicant has agreed in writing to an extension of time. The sixty (60) day time period shall not commence until the applicant has submitted a properly completed application, with all required signature and all required fees. Each subsequent hearing shall be held within forty-five (45) days of the prior hearing unless otherwise agreed to by the applicant in writing or on the record. The Board of Supervisors shall render a final decision on a conditional use application within forty-five (45) days following the conclusion of the last public hearing. If the Board of Supervisors fails to render a final decision within forty-five (45) days following the conclusion of the last public hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. If the Board of Supervisors fails to conduct or complete the required hearing as provided for under Chapter 145-1506(D), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within ten (10) days from the last day it could have met to render a decision in the same manner as required by public notice. If the Board of Supervisors fails to provide such notice, the applicant may do so.
[Amended 2-9-2004 by Ord. No. 187]
E.
Nothing contained within this Section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction within thirty (30) days from the date of the decision. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
F.
The Board of Supervisors shall grant an approval for a conditional use upon its determination that adequate evidence and information has been provided which indicates the applicant's proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.
§ 145-706 General Standards.
The general standards contained herein shall be utilized in the review of applications and plans for any use which is classified as a conditional use.
A.
The proposed use shall not jeopardize the community objectives of the comprehensive plan nor shall it adversely affect the health, safety and welfare of the public and/or the environment.
B.
Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use.
C.
Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic.
D.
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of location and size relative to the proposed operation and the nature and intensity of the operation of the operation involved.
E.
The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of structures, buildings, walls and fences so that the use and development of adjacent property is not impaired.
F.
The proposed use shall not be more objectionable in its operation in terms of noise, fumes, odors, vibration or lighting that would be the operations of any permitted use in the district.
G.
The submission of an environmental impact statement for all nonresidential conditional uses in accordance with §145-708 of this Chapter and all subsections thereunder.
H.
The submission of any reports and/or studies within the context of the definition "impact analysis," as contained within Article 2 of this Chapter, which conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as set forth by the Board of Supervisors, including but not limited to the interest of protecting the health, safety and welfare of the public and environmental features and characteristics of the site and/or surrounding areas. In their review of an impact analysis, the Board of Supervisors shall have the discretion to retain the services of firms or agencies which have expertise within the subject or subjects addressed therein.
§ 145-707 Classified Conditional Uses.
The following uses/developments are classified as conditional uses within Article 5 of this Chapter:
A.
Solid waste facilities, including transfer stations.
B.
Any use permitted by right or special exception, involving the initial or cumulative disturbance of eighty-seven thousand one hundred twenty (87,120) or more square feet of surface area, including but not limited to, the excavation of land, grading and/or the backfilling of land not related to the extraction of natural resources.
C.
Any use permitted by right or special exception involving the initial or cumulative construction, installation or placement of forty-three thousand five hundred sixty (43,560) or more square feet of buildings, structures and/or other impervious surface areas.
D.
Any use which utilizes and/or stores any hazardous substances as so defined in Article 2 of this Chapter.
E.
Extraction, excavation and/or removal of natural resources.
F.
Adult uses (as defined in Article 2).
G.
Methadone clinic.
H.
Junkyards and automotive wrecking yard.
I.
Mobile home park, including the expansion of existing mobile home parks.
J.
Mid-rise residential structures.
K.
Airports and heliports.
L.
Shopping centers.
N.
Planned residential development.
§ 145-708 Environmental impact statement.
In addition to all other requirements, an environmental impact statement shall be required for any nonresidential use and/or development which is classified as a conditional use. Upon a written request from the applicant, the Board of Supervisors, at its sole discretion, may exempt a nonresidential use from the submission of an environmental impact statement, in whole or in part, upon a determination that certain information is not applicable to the proposed use and/or development. The burden of proof that certain information is not applicable to the proposed use and/or development shall rest with the applicant in addressing the basis for the requested exemption. The purpose of the environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is designed to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect water courses, air quality, aquifers and the quality of life throughout Wright Township and its environs. An environmental impact statement shall include a response to the following items and said proposed use/development shall further comply with all other applicable standards and requirements of this chapter.
B.
Surface waters.
(1)
Distance of site from the nearest surface water and head waters of streams.
(2)
Sources of runoff water.
(3)
Rate of runoff from the site.
(4)
Destination of runoff water and method of controlling down stream effects.
(5)
Chemical additives to runoff water on the site.
(6)
Submission of a soils erosion and sedimentation control plan meeting the requirements of the Luzerne Conservation District.
[Amended 8-12-2013 by Ord. No. 236]
(7)
A stormwater management plan which shall be developed in coordination with the soils erosion and sedimentation plan.
G.
Sewage system.
(1)
Sewage disposal system (description and location on the site of system).
(2)
Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals).
(3)
Projected daily volumes of sewage.
(4)
Affected sewage treatment plants present capacity and design capacity.
K.
Impact of Proposed Use/Development. A description of the impacts on the environment and mitigating factors shall be provided for the following:
(1)
Existing plant species (upland and marine) and effects thereon.
(2)
Existing animal species and effects thereon.
(3)
Existing wild fowl and other birds and effects thereon.
(4)
Effects of drainage and runoff.
(5)
Effects on ground water quality.
(6)
Effects on surface water quality.
(7)
Effects on air quality.
(8)
Alternatives to proposed use/development consistent with the zoning of the site.
(9)
Effects on sites of historic significance.
(10)
Projected amount and type of traffic to be generated and the effects of the same on public roads and highways.
L.
Impact Upon Critical Areas. The applicant shall define, describe and identify upon a map, critical areas as defined in Article 2 of this Chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including but not limited to adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development.
M.
Other Governmental Jurisdiction. A list of all licenses, permits and other approvals required by County, State or Federal law and the status of each.
N.
Review Procedure of Environmental Impact Statement.
(1)
Upon receipt of an environmental impact statement, the Board of Supervisors shall promptly forward the environmental impact statement to the Township Planning Commission, the Township Engineer and any other agency, firm or individual which the Board of Supervisors may desire for their consultation and input.
(2)
The Planning Commission shall review the applicant's environmental impact statement and provide the Board of Supervisors with its comments and recommendations within thirty (30) days from the date of its submission to the Planning Commission.
(3)
The Board of Supervisors shall have the discretion to retain the expertise of appropriate parties in their review of the Environmental Impact Statement. All fees and costs incurred for such consultation shall be paid by the applicant.
(4)
A determination by the Board of Supervisors of a potential adverse impact which may result shall constitute sufficient basis for the denial of a conditional use permit.
§ 145-709 Solid Waste Facility.
A.
A solid waste facility shall conclusively demonstrate conformance to all of the following items:
(1)
The applicant shall provide a comprehensive soil analysis and groundwater report which shall conclusively demonstrate that the proposed design, construction and operation of the solid waste facility shall not pollute surface or groundwater, nor otherwise cause any potential health or environmental hazard. Said report shall be jointly signed and certified by the applicant and the consultant who prepares the report, attesting to the accuracy of information and the validity of said report.
(2)
The applicant shall sign an agreement prepared by the Township Solicitor, prior to final approval of the application for a conditional use permit, which shall specify all the terms and conditions of approval, including the Township's authority to revoke the permit for the violation of any terms and/or conditions under which the application was approved. Prior to formal action to revoke the conditional use permit, the Board of Supervisors shall convene a public hearing, pursuant to public notice, to consider testimony and evidence relative to the alleged violations. Based upon the testimony and evidence provided, the Board of Supervisors shall render a decision.
(3)
The land area and/or parcel of land on which the solid waste facility is located shall not exceed twenty-five (25) acres, whether developed initially or cumulatively.
(4)
The applicant of a proposed solid waste facility shall provide conclusive evidence, based upon a mining report, soil analysis, test borings and any other appropriate technical data which conclusively demonstrates that the subsurface conditions beneath any area to be utilized as a landfill is capable of sustaining the bearing load of projected and/or planned quantity of material to be deposited and/or disposed of upon the site. The applicant and the person, party or firm providing such evidence shall jointly sign and certify the accuracy and validity of the information and data which is provided as conclusive evidence.
(5)
Any application for a conditional use permit for a solid waste facility, which includes the operation of a landfill, shall include a proposed reuse of the property and/or area utilized as a landfill upon the cessation of landfill activities. The proposed reuse of the property shall not be inconsistent with the comprehensive plan.
(6)
The applicant shall be required to create an escrow fund to finance the proposed and planned reuse and development of any area utilized as a landfill based upon the projected life expectancy of any area Within the solid waste facility which is utilized as a landfill. Such fund shall be funded while the property is still being used for a landfill with annual increment payments. The annual increment payment shall be based upon the estimated cost of the proposed reuse of the site divided by the number of years which the landfill is expected to operated. Such fund shall be separate and distinct from any funding and/or bonding requirement pursuant to closure activities.
(7)
A solid waste facility may conduct and operate all approved functional aspects within the facility from the hours of 7:00 a.m. to 3:00 p.m. from Monday through Friday. Said facility shall not conduct and/or operate any approved functional aspects associated with the facility on Saturdays, Sundays and all legally recognized holidays by the Federal government and/or the Commonwealth of Pennsylvania.
(8)
The entire site of a solid waste facility shall be enclosed with industrial type gauge fencing which shall be ten (10) feet in height. All gates shall be closed and locked at the end of business hours. There shall be no advertising of any kind displayed upon the fence.
(9)
No operations and/or activities permitted within a solid waste facility shall be permitted within one thousand (1,000) feet of any property line boundary and/or within two thousand five hundred (2,500) feet of any residences and/or zoning district in which residences are a permitted use.
(10)
All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, trucks, trailers or other containers normally used to transport the materials shall not be permitted unless the aforesaid motor vehicles, trucks, trailers or other containers shall be stored within a completely enclosed building.
(11)
A solid waste facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in treating and/or processing the solid waste. Any water discharge from the facility after being treated by the waste water treatment system shall meet all applicable regulations and requirements of the Pennsylvania Department of Environmental Protection.
[Amended 8-12-2013 by Ord. No. 236]
(12)
All storm water collected on the site shall be treated by the facility’s waste water treatment system. Parking of motor vehicles containing solid waste or motor vehicles which have not been properly cleaned and washed shall only be permitted in completely enclosed buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.
(13)
The owner and/or operator of any solid waste facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every three (3) months on any stream within five hundred (500) feet of any areas used for the storage or disposal of solid waste, if water drainage from the facility is discharged into said stream. For each testing period two (2) testing samples shall be collected: one (1) sample shall be taken from the stream at a point upstream of the facility drainage area and one (1) sample shall be taken from the stream at a point below the facility drainage area. In addition, the well location, if applicable, located on the premises shall also be sampled every three (3) months. All water samples shall be collected and analyzed by an independent party which is a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Township Supervisors, and the results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall immediately cease operation until such time as the source of the contamination has been identified and totally corrected.
[Amended 8-12-2013 by Ord. No. 236]
(14)
The area or areas upon which any permitted operations and/or activities within a solid waste facility are conducted shall be entirely screened. Such screening shall consist of a variety of evergreen trees, approved by the Board of Supervisors, planted not more than six (6) feet apart and being not less than eight (8) feet in height at the time of planting. Said screening shall be located not greater than three hundred (300) feet from the operations and/or activities which are subject to being screened. The applicant and/or operator of the facility shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die or otherwise fail to grow.
(15)
The applicant shall provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed solid waste facility, including the projected daily volume and tonnage of refuse being accepted for processing and/or disposal.
(16)
The applicant shall submit to the Board of Supervisors a copy of their commercial policy of liability insurance covering third party claims for property damage and personal injury.
(17)
Vehicular access for ingress, egress and regress to a solid waste facility shall be solely limited to private access roads, constructed in accordance to the design standards as so provided within Article 6 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131]. Such private access roads shall only have access to a State legislative route with no permitted access to or from any local streets and/or roads.
(18)
The owner and or operator of a solid waste facility shall provide an emergency response plan to address potential hazards associated with its operations. Said plan shall be submitted for review and comment to the local fire companies which serve Wright Township.
(19)
Any solid waste facility which processes sludge, prior to its final disposal, shall be designed to include a liner in accordance with the applicable standards of the Department of Environmental Protection for the liner within a proposed landfill.
(20)
Any solid waste facility which includes incineration shall be designed and operated in a manner to limit emissions by not less than ten percent (10%) below the applicable allowable emission standards of the Department of Environmental Protection or the Environmental Protection Agency, based upon the more restrictive regulations for reducing and/or limiting air pollution. Any emissions stack or similar structure shall not exceed one hundred (100) feet in height.
(21)
The applicant shall, in addition to other required information and data, provide an impact analysis which address the impact of the proposed operation and activities of a solid waste facility in relationship to the following items:
(a)
All streets and roads which shall and/or are likely to be utilized for means of access to and from the site, including projected truck traffic which shall be generated in relationship to the projected daily volume of waste being transported to the solid waste facility.
(b)
The suitability of the site for the proposed operations and activities of the solid waste facility in relationship to the soils, slopes, woodlands, wetlands, floodplain, aquifers, natural resources and other natural features which are located both on-site and off-site of the facility.
(c)
The impact, both on-site and off-site, of the proposed operations and activities of the solid waste facility on the soils, slopes, woodlands, wetlands, floodplain, aquifers, natural resources and other natural features regarding the degree to which these are protected or destroyed, the tolerance of these resources to the proposed development and any adverse environmental impacts.
(d)
The impact of the proposed operations and activities of the solid waste facility upon any locations and/or structures of historical and/or cultural significance within three thousand (3,000) feet to any property boundary line of the facility.
(e)
The impact of the proposed operations and activities of the solid waste facility upon the preservation of agriculture and other land uses which are essential to the public health and welfare.
B.
Mitigation of Adverse Impacts. In the event that any information, data and/or impact analysis indicates a projected and/or potential adverse impact, the applicant shall fully mitigate such impact. A determination of a potential adverse impact which may result, based upon the environmental impact statement or the Board of Supervisors’ review of the same shall constitute sufficient basis for the denial of a conditional use permit.
C.
Land Development Approval Required. In addition to the regulations contained within this Article, a solid waste facility shall be subject to the applicable regulations and provisions as contained within the Wright Township Subdivision and Land Development Ordinance [Chapter 131]. The application process for a conditional use permit and a land development may be submitted concurrently by the applicant.
D.
Host Municipality Fee. A host municipality fee shall be executed between Wright Township and applicant, owner and/or operator of a solid waste facility prior to the commencement of construction of said facility.
§ 145-710 Excavation of Natural Resources.
The extraction, excavation and/or removal of natural resources including sand, gravel, rock, topsoil and peat moss shall be considered a temporary use, subject to the following requirements:
A.
Map. Submission of a map which outlines the entire proposed area subject to be the proposed extraction, excavation and/or removal of natural resources removal. Said map shall contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and lot lines of public and semipublic uses within a distance of five hundred (500) feet from the perimeter of the proposed use. In addition, said map shall indicate the proposed maximum depth of any excavation.
B.
Bond, Backfilling and Fees. The applicant shall provide documentation that all applicable State requirements relative to providing a bond which guarantees the restoration and backfilling any land proposed to be excavated or otherwise disturbed has been secured.
C.
Insurance. That a certificate of insurance with limits of one million ($1,000,000) dollars per person and one million ($1,000,000) dollars per accident for personal injuries, and one million ($1,000,000) dollars for property damage be filed with the Board of Supervisors, both for the benefit of all persons who might be injured or suffer property damage as a result of the operations, and to save Wright Township and its officials harmless from any and all claims, suits or demands caused by any operations of the subject use.
[Amended 8-12-2013 by Ord. No. 236]
D.
Distance Provisions. The perimeter of any excavation under this Section shall not be nearer than five hundred (500) feet from any building, property line or street, except that owned by the excavator.
F.
Location of Processing Equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding, loading, weighing, washing and other operations shall be not less than one thousand (1,000)feet from the right-of-way of any street, and/or one thousand (1,000) feet from any residential building or the boundary of a residential zoning district.
G.
Drainage. All excavations, both during and after completion, shall be adequately drained to prevent the formation of pools of water. Adequate measures shall be taken prior to any excavation and fully documented prior to approval of the operation.
I.
Compliance with State Requirements. Final and/or unconditional approval under the provisions of this Chapter will not be issued until all required licenses and/or permits have been properly secured from the Pennsylvania Department of Environmental Protection.
§ 145-711 Adult Uses.
B.
Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a fence not less than eight (8) feet in height and screened by a variety of evergreen trees which shall be planted not more than six (6) feet apart and being not less than eight (8) feet in height at the time of planting. The owner of the property shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.
§ 145-712 Mobile Home Parks.
The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of the Township's Subdivision and Land Development [Chapter 131]. Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park.
A.
All mobile home parks shall have a total land area of not less than ten (10) acres.
B.
All mobile home parks shall be located on well-drained land with the average natural slope not exceeding ten (10) percent.
C.
All mobile home parks shall have access to the public streets or roads.
D.
All mobile home parks shall be serviced by an off-site sewage disposal system and a central water supply and distribution system.
E.
Mobile homes shall not be located on sites so that any portion of any mobile home is closer than thirty (30) feet to any portion of any other mobile home or permanent building within the mobile home park.
F.
Access to mobile home sites shall be from interior driveways, access drives, or private streets and shall not be from pubic streets or roads. Entrance roads shall have a paved cartway width of at least twenty-four (24) feet.
G.
Every mobile home site shall be provided with a minimum of two (2) off-street parking spaces.
H.
All mobile home parks shall be provided with pedestrian walkways on at least one (1) side of every street.
I.
Each mobile home site shall have a minimum area of not less than three thousand (3,000) square feet and a minimum lot width of not less than fifty (50) feet. The minimum front, rear and side setback for any mobile home shall be ten (10) feet.
J.
Every mobile home park shall provide a defined recreational site or sites which shall contain an area of land not less than five (5) percent of the total gross land area within the boundaries of the mobile home park. All recreational sites shall be located in areas which are readily accessible to all residents of the mobile home park. A recreational development plan shall be provided which identifies passive and active recreational features to be provided upon the site, including recreational equipment, play apparatus, benches and all other features and facilities to be incorporated into the design of the recreational site. The location of the recreational site and the recreational development plan shall be subject to the review and approval of the Board of Supervisors. The recreational site must be identified and approved by the Board of Supervisors prior to final approval of the development or expansion of a mobile home park. To guarantee the installation of all improvements to the site, the applicant shall be required to complete the installation of all such improvements prior to receiving an unconditional final approval or to post an irrevocable letter of credit in the amount of one hundred ten (110) percent of the estimated cost of improvements. The procedures and standards contained within §509 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall apply to posting the aforementioned irrevocable letter of credit. The procedures and standards within §510 of Act 247, as amended, shall apply to the release of the irrevocable letter of credit upon the completion of the required improvements. The applicant shall be required to reimburse the Township for any engineering fees associated with the inspection of improvements to the site. Said reimbursement must be paid at the same meeting of the Board of Supervisors at which the applicant seeks final and unconditional approval of said improvements.
K.
Each mobile home site shall be provided with a stand or pad consisting of two (2) concrete strips to accommodate the supporting base or foundation of the mobile home.
L.
Every mobile home in the park shall be enclosed from the bottom of the mobile home to the ground or stand using industry-approved skirting material compatible with the home.
M.
Every mobile home shall be securely anchored or tied-down on at least the four (4) corners and/or in accordance with the manufacturer's recommendations furnished with each home.
N.
The owner/operator of each mobile home park shall provide a refuse disposal plan.
O.
An approved soils erosion and sedimentation plan and a storm water management plan shall be required prior to the unconditional approval for the development or expansion of a mobile home park.
P.
An approved Department of Environmental Protection Planning Module shall be required prior to the unconditional approval for the development or expansion of a mobile home park.
§ 145-713 Airport and Heliport.
A.
Minimum Lot Size. A lot size of not less than ten (10) acres shall be required.
B.
Landing/Take-Off Area and Surface.
(1)
Said surface shall be paved and free from dust and other material which could be blown onto adjoining properties by air wash.
(2)
A heliport intended to be used for night landing or take-off shall be provided with flood lights and also with linear perimeter lighting of fluorescent or cold cathode type, or by amber light spaced around the helipad, approximately twenty (20) feet apart.
(3)
Every heliport landing/take-off area shall be so located and designed as to provide clearance of all obstructions above rotor height for a distance of twenty-five (25) feet in each direction of the landing area.
C.
Use of Site. Limited to persons owning occupancy or employed on the premises and their visitors and guests.
D.
Fencing. The entire perimeter of the landing/take-off area shall be enclosed by a fence not less than eight (8) feet in height to prevent unauthorized entry onto the landing area.
E.
Hours of Operation. As approved by the PennDOT and/or the Federal Aviation Administration as may be required by said agency's regulations.
F.
Licenses and/or Approval. Licenses and/or approval shall be issued in accordance with the Federal Aviation Administration regulations and/or the Bureau of Aviation, Pennsylvania Department of Transportation regulations.
G.
Limitations and Additional Requirements. Limitations on the number and/or frequency of flights, as well as ingress and egress routes and any other conditions or determinations which the Federal Aviation Administration or the Pennsylvania Department of Transportation considers appropriate shall govern.
H.
Setback Requirements for Landing Areas. A distance of not less than fifty (50) feet shall be required from a landing/take-off area to the nearest property line, street or building; if a landing/take-off area is to be located within three hundred (300) feet of any residential structure or zoning district which permits residences as a permitted use, the applicant shall be required to submit noise tests conducted on the applicant's proposed landing/take-off area by an independent acoustical consultant utilizing approved sound testing equipment. No permit shall be issued for a helistop if the acoustical test results indicate a negative impact upon adjoining residential uses or any other type of property within a three hundred (300) foot radius of any proposed landing/take-off area. The applicant shall be responsible for all costs necessary for acoustical testing.
I.
Fuel Storage. All PennDOT and/or DEP fuel storage rules and regulations shall govern.
§ 145-714 Junkyards/automobile Wrecking Yards.
A.
All new and existing junkyards shall comply with the following:
(1)
Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.
(2)
Burning of any materials and/or substances shall be prohibited.
(3)
No storage of tires shall be permitted on-site.
(4)
No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.
(5)
Upon the enactment of this Chapter, whenever any motor vehicle shall be received on such premises as junk, all gasoline and oil shall be drained and removed therefrom.
(6)
The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.
B.
In addition to the above requirements, all new junkyards shall comply with the following:
(1)
The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A storm water drainage plan shall be required.
(2)
There shall be no stockpiling of motor vehicles, nor shall there by any junk piled higher than four (4) feet.
(3)
There shall be a roadway fourteen (14) feet in width provided for every forty (40) linear feet of junk. The roadway shall be kept open and unobstructed for proper access for fire fighting equipment and safety purposes.
(4)
Junk shall not be stored within one hundred (100) feet of any adjoining property line or nearer than one hundred (100) feet to any adjoining or abutting street.
(5)
All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article 2 of this chapter. The required fence shall be not closer than twenty (20) feet to any property line.
(6)
Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday from 8:00 a.m. to 4:00 p.m., local time.
§ 145-715 Methadone Clinics.
A.
Any proposed methadone clinic shall include, with its submission of a zoning permit application, a development narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, an M.D. or a D.O. shall be on duty at the clinic during the methadone clinic’s hours of operation.
B.
Any existing structure proposed for adaptive reuse as a methadone clinic shall be brought into compliance with all current building codes and all other applicable Township, County and State regulations prior to occupancy.
C.
Any methadone clinic with direct access and/or frontage along a State legislative route shall include with its submission of a zoning permit application a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall demonstrate the following:
(1)
The number of vehicle trips expected to be generated during an average weekday and during both a.m. and p.m. peak hours of adjacent street traffic.
(2)
The number and types of vehicles, with an origin or destination at the subject site, the need for which is generated by said use.
(3)
The routes, roadways or streets to reach the methadone clinic.
(4)
The impact of the levels of service at intersections within one (1) mile of said methadone clinic
(5)
Recommended traffic control devices designed to mitigate the documented impact on adjacent roadways.
D.
A methadone clinic shall demonstrate its compliance with supplying the required number of off-street parking spaces as provided for in Article 11 of this chapter. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan under § 145-704 of this chapter.
[Amended 8-12-2013 by Ord. No. 236]
E.
A methadone clinic, as so defined in Article 2 of this chapter, shall be located not less than five hundred (500) feet from any of the following uses:
(1)
A residential dwelling.
(2)
A place of worship.
(3)
A school or a child care facility, as defined in Article 2 of this chapter.
(4)
A park, playground or similar recreational facility.
(5)
A public or quasi-public use or structure.
(6)
A zoning boundary of any residential zoning district.
Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of a methadone clinic, to the nearest property line of the above noted uses. |
§ 145-716 Planned Residential Developments.
A.
Purpose. The purpose of this district, as stated in the Pennsylvania Municipalities Planning Code, Act 247, as amended, is to achieve the following:
(1)
To insure that the provision of this chapter, which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of this chapter.
(2)
To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
(3)
To provide greater opportunities for better housing and recreation for all who are or may become residents of the Township.
(4)
To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may insure the benefits of those who need housing.
(5)
To encourage more flexible land development which will respect and conserve natural resources such as streams, flood plains, groundwater, wooded areas and areas of unusual attractiveness in the natural environment.
(6)
In aid of the purpose stated within this Section, to provide a procedure which can regulate the type, design and layout of a residential development to the particular site and particular demand for housing existing at the same time of development in a manner consistent with the preservation of property values within existing residential areas. To assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.
C.
Density Regulations. The density of a planned residential development, based upon the existing residential zoning district in which the planned residential development is proposed to be established, shall not exceed fifteen (15) dwelling units per acre along with the corresponding maximum lot coverage requirements and required common open space requirements as set forth in §145-716(F) of this Article.
D.
Dimensional Regulations. All planned residential developments shall be subject to the following:
(1)
Minimum Lot Area. A planned residential development shall have an area of not less than ten (10) acres.
(2)
Distance Between Buildings. No building or structure, including porches, decks or balconies shall be less than thirty (30) feet to any other building or structure.
(3)
Setback Requirements. The minimum front, side and rear setbacks for a planned residential development shall each be not less than fifty (50) feet to the property lines of adjoining properties. A planting strip of not less than twenty (20) feet in width shall be along all property lines at the periphery of the development where necessary to preserve the privacy of neighboring residents. Land adjacent to a lake, pond, stream, wetlands or watercourse shall remain as permanent open space for a distance of not less than one hundred (100) feet from the water's edge, unless superseded by more restrictive standards.
(4)
Common Open Space. Not less than twenty (20) percent of the total area of a planned residential development, excluding streets and off-street parking areas, shall be designated, designed and devoted to common open space for the use and enjoyment of the residents therein.
E.
Development Regulations. A planned residential development shall be subject to the following standards and regulations:
(1)
Requirements for Improvements and Design. All improvements, including but not limited to, streets, curbing, sidewalks, storm water detention facilities, drainage facilities, water supply facilities, sewage disposal, street lighting, tree lawns, etc., unless otherwise exempted, shall be designed and constructed in conformance with the standards and requirements of the Wright Township Subdivision and Land Development Ordinance [Chapter 131].
(2)
Sewage Disposal. Disposal of sanitary sewage shall be by means of centralized sewers and shall conform to the design standards of the Wright Township Subdivision and Land Development Ordinance [Chapter 131]. The proposed sewage collection system and treatment facility shall require DEP approval as a prerequisite and/or condition to tentative approval of a development plan.
(3)
Water Supply. The water supply may be an on-site or off-site system. If the water is to be provided by means other than private wells, owned and maintained by individual owners of lots within the planned residential development, evidence shall be provided that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the planned residential development in question shall be required. Whichever form is appropriate shall be considered as acceptable evidence.
F.
Location/Management of Common Open Space. Common open space within a planned residential development shall be designed as a contiguous area which shall be easily accessible to the residents. A planned residential development must insure that the common open space shall remain as such and be properly maintained by the developer's compliance with one of the following:
(1)
Dedicate such land to pubic use, providing the Township will accept such dedication.
(2)
Retain ownership and responsibility for maintenance of such land.
(3)
Provide for and establish an organization for the ownership and maintenance of such land, which includes provisions that such organization shall not be dissolved nor shall it dispose of such land, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate such land to the Township. The Township shall utilize the appropriate procedures and remedies, as set forth in Article VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended, should an organization established to own and maintain common open space fail to do so in a reasonable order and conditioned in accordance with the development plan.
[Amended 8-12-2013 by Ord. No. 236]
G.
Phasing of Development. A planned residential development may be constructed in phrases subject to the following:
(1)
The application for tentative approval shall cover the entire area to be developed with a schedule delineating all proposed phases, as well as the dates by which applications for final approval of each phase shall be filed. Such schedule shall be updated annually by the applicant on or before the anniversary date of the approval of the development plan, until all phases are completed and granted final approval by the Board of Supervisors. Any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion.
(2)
Not less than fifteen percent (15%) of the total number of dwelling units to be constructed shall be included in the first phase.
(3)
The second and any subsequent phases shall be completed in accordance with the tentatively approved plan, with each phase containing not less than fifteen percent (15%) of the total number of dwelling units.
(4)
The Board of Supervisors may impose further conditions upon the filing of any phase of a development plan, as it may deem necessary, to assure the orderly development of the plan and/or to protect the public health, safety and welfare.
H.
Enforcement and Modification of Provisions of Plan. To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following:
(1)
Provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided herein; and the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.
(2)
All provisions of the development plan shall run in favor of the residents of the planned residential development, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
(3)
All those provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released by the Township, except grants of easements relating to the service or equipment of a public utility, subject to the following conditions:
(a)
No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or in equity, as provided in this Section.
(b)
No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Board of Supervisors, after a review by the Board of Supervisors, following a public hearing pursuant to public notice, called and held in accordance with the provisions of this Section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or public interest, and is not granted solely to confer a special benefit upon any person.
(4)
Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this Section.
I.
Application for Tentative Approval. The application for approval, tentative and final, of a planned residential development as provided for by this chapter, shall be in lieu of all other procedures or approvals otherwise required by this chapter and the Subdivision and Land Development Ordinance [Chapter 131], except where specifically indicated. The procedures herein described for approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interests in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property. An application for tentative approval shall be consistent with the following:
(1)
Informal Consultation. The landowner and the Board of Supervisors may consult informally at a public meeting or work session concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Board of Supervisors shall be binding upon the Board of Supervisors. The informal consultation is intended to allow the landowner and Board of Supervisors to exchange comments and discuss issues which may be of particular significance to the site.
(2)
Application and Fee. An application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer. A base application fee plus a fixed fee per housing unit, based upon the total number of proposed housing units, shall be paid upon filing the required application in accordance with the current fee schedule on file in the office of the Wright Township Zoning Officer.
[Amended 8-12-2013 by Ord. No. 236]
(3)
Relationship to Planning, Zoning and Subdivision. All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Township, shall be determined and established by the Board of Supervisors.
(4)
Required Documentation. The application for tentative approval shall include documentation illustrating compliance with all of the standards for a planned residential development and, where necessary, the Township shall order such documentation to aid them in their review. An original and fifteen (15) copies of the application shall be submitted along with fifteen (15) copies of each of the following:
(a)
Any required study and/or report, prepared as an impact analysis, which may be required at the discretion of the Board of Supervisors. A determination of the need for any such study and/or report may be made at the time of the informal consultation or during the public hearing for consideration of tentative approval of the development plan.
(b)
The development plan for the entire site, which shall include conformance to the requirements of this chapter, along with the information and documentation noted herein.
[1]
The location, size and topography of the site and the legal nature of the landowner’s interest in the land proposed to be developed.
[2]
The density of land use to be allocated to parts and/or phases of the site to be developed.
[3]
The location and size of common open space and the form of organization proposed to own and maintain the common open space.
[4]
The use and height, bulk and location of buildings and other structures.
[5]
The means and feasibility of proposals for the disposition of sanitary waste and storm water.
[6]
The substance of covenants, grants, or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities.
[7]
Provisions for parking of vehicles and the location and width of proposed streets and any other form of public right-of-ways, excluding common open space.
[8]
The required modifications in the Township land use regulations as contained within this chapter and the Subdivision and Land Development Ordinance [Chapter 131], otherwise applicable to the subject property.
[9]
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
[10]
In the case of development plans, which call for development over a period of years, a schedule showing the proposed timetable within which applications for final approval of all phases of the planned residential development are intended to be filed. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
[11]
A plan map at a scale of not greater than one (1) inch equals fifty (50) feet, with contours for each two (2) foot change in elevation. A location map shall also be provided at a scale of not greater than one (1) inch equals two thousand (2,000) feet, indicating the relation of the site to its geographic proximity within the Township. The drafting standards applicable for a major subdivision and/or land development, as provided for within the Wright Township Subdivision and Land Development Ordinance [Chapter 131], shall apply.
(5)
Statement of Landowner. The application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and consistent with the Township’s comprehensive plan.
(6)
Application and Approval Procedures in Lieu of Others. The application for tentative and final approval of a development plan for a planned residential development prescribed herein shall be in lieu of all other procedures and approvals required by this chapter and the Subdivision and Land Development Ordinance [Chapter 131], unless otherwise expressly stated.
(7)
Referrals and Review of Plan. The application for tentative approval shall be filed with the Zoning Officer who shall be authorized to accept such applications under this Chapter. Copies of the application and tentative plan shall be referred to the agencies and officials identified in the Township's Subdivision and Land Development Ordinance [Chapter 131] for their review and comment.
J.
Public Hearings.
(1)
Within sixty (60) days after the filing of an application for tentative approval of a planned residential development pursuant to this Article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner prescribed in this Chapter for the enactment of an amendment to this Chapter.
(2)
The chairman, or in his absence, the acting chairman, of the Board of Supervisors, may administer oaths and compel the attendants of witnesses. All testimony by witnesses shall be given under oath and every part of record at a hearing shall have the right to cross-examine adverse witnesses.
(3)
A verbatim record of the hearing shall be provided by the Board of Supervisors whenever such records are requested by any party to the proceedings, with the cost of making and transcribing such a record shall be paid by those parties wishing to obtain such copies. All exhibits accepted as evidence shall be properly identified and the reason for any exclusion shall be clearly noted in the record.
(4)
The Board of Supervisors may continue the public hearing as required; provided, that, in any event, the public hearing or hearings shall be concluded within sixty (60) days following the date of the first public hearing.
K.
Findings.
(1)
The Board of Supervisors, within sixty (60) days following the conclusion of the public hearing, shall by official written communication to the landowner, either:
(2)
Failure to act within the prescribed time period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event that tentative approval is granted subject to conditions, the landowner may, within thirty (30) days after receiving a copy of the official written communication of the Board of Supervisors, notify said Board of his refusal to accept all said conditions, in which case the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not notify the Board of Supervisors of his refusal to accept all said conditions within thirty (30) days after receiving a copy of the official written communication of the Board of Supervisors, tentative approval of the development plan, with all said conditions, shall stand as granted.
(3)
The grant or denial of tentative approval by official written communication shall include not only conclusions, but also findings of fact related to the specific proposal and shall set forth the reasons for the denial, and said communication shall set forth particulars in what respect the development plan would or would not be in the public interest including but not limited to findings of facts and conclusions based upon the following:
(a)
Those respects in which the development plan is or is not consistent with the community development objectives of the Township's comprehensive plan.
(b)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use and the reasons why such departures are or are not deemed to be in the public interest.
(c)
The purpose, locations and amount of common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(d)
The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services (including but not limited to sewage, water and storm water runoff), provide adequate control for vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood or area of the Township in which it is proposed to be established.
(f)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan.
(4)
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication, the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part or phase thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than ninety (90) days. In the case of development plans which extend over a period of years, the time between applications for final approval of each part of the plan shall not be less than one (1) year.
L.
Status of Plan after Tentative Approval.
(1)
The official written communication provided for in this Article shall be certified by the Township Secretary and filed in his/her office; a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed as an amendment to the zoning map, effective and so noted upon the zoning map upon final approval.
(2)
Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any zoning permit. A development plan, which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending the application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.
(3)
In the event that a development plan is given tentative approval and thereafter, but prior to the final approval, the landowner shall elect to abandon said development plan and shall so notify the Board of Supervisors in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development for which final approval has not been given shall be subject to those Township land use ordinances otherwise applicable thereto. The same shall be notified on the zoning map and in the records of the Township Secretary.
M.
Application for Final Approval.
(1)
An application for final approval may be for all of the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made through the Zoning Officer and subject to approval by the Board of Supervisors within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing shall not be required.
(2)
The application shall include all drawings, specifications for required improvements, covenants, easements, a financial guarantee and all other such requirements as specified within Article 4 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131], as well as any conditions set forth in the official written communication granting tentative approval.
(3)
In the event that the application for final approval has bee filed, together with all drawings, specifications and other documents in support thereof, and as required by this Chapter and the official written communication of tentative approval, the Board of Supervisors shall, within forty-five (45) days of such filing, grant such development plan final approval.
(4)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within forty-five (45) days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one (1) or more said variations are objectionable and not in the public interest.
(5)
In the event of such refusal the landowner may either:
(6)
If the landowner wishes to take either of such alternate actions, he may do so at any time within which he shall be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he/she shall be deemed to have abandoned the development plan.
(7)
Any such public hearing shall be held pursuant to public notice within thirty (30) days after the request for the hearing is made in writing by the landowner. The hearing shall be conducted in the manner prescribed in this Chapter for public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the public hearing, the Board of Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval.
(8)
The grant or denial of final approval of the development plan shall, in cases arising under this Section, be in the form and contain findings required for an application for tentative approval as set forth in this Article.
(9)
A development plan, or any part thereof, which has been given final approval, shall be so signed and certified without delay by the Board of Supervisors. Said development plan shall be filed of record forthwith in the Office of the Recorder of Deeds of Luzerne County before any development shall take place in accordance therewith. Upon filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions as provided for under Article 3 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131], said planned residential development or part thereof, as the case may be, that has been finally approved, no modification of the provision of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat the developer shall record the plat within ninety (90) days from the date of approval and post a financial security in accordance with Article 4 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131].
[Amended 8-12-2013 by Ord. No. 236]
(10)
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions as provided for under §§ 131-306 and 131-307 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131], after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments by this chapter.
N.
Legal Proceedings and Enforcement Remedies. Any person, partnership or corporation, who or which has violated the provisions of this Article, shall be prosecuted in accordance with §§ 712.1 and 712.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
§ 145-717 Mid-Rise Dwelling Residential Structure.
A.
Area, Yard, Density, Coverage and Height Regulations.
(1)
Minimum Lot Area. Not less than two (2) acres.
(2)
Maximum Density. Not greater than fifteen (15) dwelling units per acre.
(3)
Lot Width. The minimum lot width shall be not less than three hundred (300) feet.
(4)
Front Yard. The minimum front yard shall be not less than seventy-five (75) feet in depth as measured from the front lot line.
(5)
Rear Yard. The minimum rear yard shall be not less than fifty (50) feet in depth as measured from the front lot line.
(6)
Side Yards. The side yard shall be not less than thirty-five (35) feet on each side.
(7)
Lot Coverage. Not more than forty-five percent (45%) of the lot shall be covered by buildings.
(8)
Building Height. The maximum height of any building shall not exceed forty (40) feet or three (3) stories.
B.
Development Regulations. The plans for a mid-rise residential structure shall be subject to the following regulations:
(1)
Comprehensive Plan. The proposed construction of a mid-rise residential structure shall be consistent with the comprehensive plan of Wright Township.
(2)
Buffer Area. A buffer area of not less than ten (10) feet in depth shall be required along all side yard lines and rear yard lines. Within said buffer area, every effort shall be made to preserve existing trees. For the purpose of this chapter, the required buffer area shall be deemed to represent a fence, six (6) feet in height or evergreen trees with the spacing distance between the trees not less than eight (8) feet or greater than ten (10) feet. Said trees shall be not less than six (6) feet in height at the time of planting. The Board of Supervisors shall have the discretion based upon site conditions, including but not limited to adjoining land uses, to make a determination on which type of screening is appropriate for the site.
(3)
Sewage and Water Supply. A mid-rise residential structure shall be serviced by a public sewage system and a public water supply system.
(4)
HVAC and Other Building Mechanical Equipment. No HVAC or other building mechanical equipment, excluding exhaust fans, shall be located upon the rooftop of any mid-rise residential structure and shall be designed to the best available technology standards to reduce noise levels on adjacent residential properties.
(5)
Frontage. The required frontage for a mid-rise residential structure shall be located upon an arterial or collector street in accordance with the street classifications as provided within the Township’s comprehensive plan. The development of a mid-rise residential structure upon a cul-de-sac street shall be expressly prohibited.
(6)
Ingress and Egress. All vehicular access to a mid-rise residential structure shall limit to either an arterial or collector street in accordance with the street classifications as provided within the Township’s comprehensive plan. All driveways shall be designed and constructed in accordance with all applicable provisions within Pa. Code Title 67, Chapter 441 (“Access to and Occupancy of Highways by Driveways and Local Roads”). No access onto a public road shall be permitted without securing a highway occupancy permit as required from PennDOT, Luzerne County and/or Wright Township based upon the governing jurisdiction of the road which shall serve as access to the site.
[Amended 8-12-2013 by Ord. No. 236]
(7)
Off-Street Parking. A parking ratio of not less than one and one-half (1½) off-street parking spaces shall be required for each dwelling unit within a mid-rise residential structure. All parking areas shall be paved with a bituminous or concrete material. No detention basin shall be located nearer than twenty-five (25) feet from an adjacent residential lot line. Any catch basins required as part of the site’s drainage plan shall be designed and constructed in accordance with the applicable standards within the governing Wright Township Subdivision and Land Development Ordinance [Chapter 131]. No parking spaces shall be permitted within the required buffer area within the side yard and rear yard areas. Any proposed parking located within the front yard shall provide a minimum setback of not less than twenty (20) feet.
(8)
Lighting. All lighting shall be designed so as to be directed only on-site and so as not to be intrusive on adjacent residential properties, with said lighting to be consistent with the residential character of the immediate neighborhood.
(9)
Soils Erosion and Sedimentation Control Plan. A soils erosion and sedimentation control plan shall be required. The soil erosion and sedimentation control plan and measures used to control erosion and sedimentation shall meet the standards and specifications set forth by the Pennsylvania Department of Environmental Protection, within the Soil Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection. Site development work, including site preparation work, shall not commence until the Luzerne Conservation District issues written notification that the soil erosion and sedimentation control plan is deemed adequate and/or approved.
[Amended 8-12-2013 by Ord. No. 236]
(10)
Storm Water Management Plan. A storm water management plan shall be submitted which addresses the following information:
(11)
Utilities. All utilities serving the site shall be placed underground.
C.
Site Plan. A site plan shall be required, based upon a survey drawing at a scale of not greater than one (1) inch equals fifty (50) feet which shall, in addition to the information required under Subsection B(10)(b) and B(10)(c) include the following information:
[Amended 8-12-2013 by Ord. No. 236]
(1)
The location and size of all buildings and structures, both principal and accessory, open space, parking areas, traffic access and circulation.
(2)
All streets, both public and private, which border the site.
(3)
Contours of the site for each five (5) feet of change in elevation, based upon a field survey of the site.
(4)
Streams, ponds, watercourses, wetlands or any other bodies of water, including natural or man-made drainage swales located on the site.
(5)
The location, nature and terms of any existing or proposed easements on the site and any existing or proposed easements both on-site and/or adjoining the site.
(6)
The location, type and height of required screening.
(7)
The map, block and lot number of the subject parcel, as listed within the Luzerne County Recorded of Deeds Office.
(8)
A location map indicating the relation of the site to its geographic proximity within the Township based upon the Wright Township Zoning Map or portion thereof.
(9)
Any other information required by the Board of Supervisors for determining the conformance of the conditional use with the regulations for that particular use.
§ 145-718 Shopping Centers.
A.
Dimensional Regulations.
(1)
Minimum Lot Size. A shopping center shall have a minimum lot size of not less than ten (10) acres.
(2)
Minimum Width. There shall be a minimum width of not less than three hundred (300) feet.
(3)
Front Yard. The minimum front yard shall be one hundred (100) feet as measured from the front yard property line.
(4)
Side Yards. The minimum side yard shall be not less than fifty (50) feet for each side.
(5)
Rear Yard. The minimum rear yard shall not be less than fifty (50) feet as measured from the rear yard property line.
(6)
Lot Coverage. Not more than thirty-five percent (35%) of the total lot area shall be covered by buildings and/or structures. The total impervious cover shall not exceed seventy percent (70%) of the total lot area.
(7)
Building Height. The maximum height of any building shall not exceed forty (40) feet or three (3) stories.
B.
Development Regulations.
(1)
Comprehensive Plan. A proposed shopping center shall be consistent with the comprehensive plan of Wright Township.
(2)
Arrangement of Buildings. A shopping center shall be designed as a unit with harmonious arrangement of building groups, open space, pedestrian and vehicular circulation, and parking areas to promote a safe, convenient and functionally efficient shopping area.
(3)
Buffer area. A shopping center shall have a buffer area along all boundary lines. The buffer area shall be a minimum of twenty-five (25) feet in depth and shall be used for no other purpose than planting and screening.
(a)
Screening shall be provided by a continuous view-restrictive screen at least six (6) feet to eight (8) feet in height designed to obscure the view of the buildings and other facilities from residential districts and uses.
(b)
For the purpose of this chapter, when a buffer area is required it shall be deemed to represent a fence or stone wall with or without cork, trees, shrubs or a combination thereof.
(c)
All plant materials shall be six (6) feet to eight (8) feet in height at the time of planting and placed to provide view restrictions. Walls, earth mounds and fences (or a combination thereof) may be included with the plant material to compliment and provide variety to the screen. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plan material, which dies, must be replaced by the owner or developer.
(d)
Existing vegetation and/or natural features may be used to meet buffer area requirements, provided the location and composition of existing plant materials and/or natural features will result in screening that meets the requirements of this section.
(e)
A buffer area shall not be used for any other purpose other than its intended effect as a buffer. As such, no other use, including but not limited to, structures, buildings, signs, parking and/or storage shall be permitted in the buffer area.
(f)
In addition, commercial lighting shall be directed away from adjoining and/or abutting properties.
(4)
Water and sewage systems. All buildings within a shopping center shall be served by public water and public sewage systems. If such systems are not available, a central water supply and central sewage system approved by the Pennsylvania Department of Environmental Protection shall be required.
[Amended 8-12-2013 by Ord. No. 236]
(5)
Ingress and egress. Access points to public streets from a shopping center shall be not less than two hundred (200) feet from any public street intersection. Points of ingress and egress shall be designed in such a manner to avoid undue congestion to or interference with normal traffic flow within the Township.
(6)
Pedestrian and vehicular circulation. The site plan for a shopping center shall include provisions for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of a shopping center.
(7)
Off-street parking and loading. The requirements for off-street parking and loading shall be met as provided for in Article 11 of this chapter.
(8)
Drainage. A stormwater management plan, consistent with design requirements contained within Article 6 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131] shall be submitted.
(9)
Utilities. All utilities serving a shopping center shall be placed underground.
§ 145-719 Neighborhood shopping centers.
[Added 11-10-2008 by Ord. No. 222]
A.
Dimensional regulations.
(1)
Minimum lot size. A neighborhood shopping center shall have a minimum lot size of not less than three (3) acres.
(2)
Minimum width. There shall be a minimum width of not less than two hundred (200) feet.
(3)
Front yard. The minimum front yard shall be seventy-five (75) feet as measured from the front yard property line.
(4)
Side yards. The minimum side yard shall be not less than fifty (50) feet for each side.
(5)
Rear yard. The minimum rear yard shall not be less than twenty-five (25) feet as measured from the rear yard property line.
(6)
Lot coverage. Not more than thirty-five percent (35%) of the total lot area shall be covered by buildings and/or structures. The total impervious cover shall not exceed seventy percent (70%) of the total lot area.
(7)
Building height. The maximum height of any building shall not exceed thirty-five (35) feet or two and one-half (2½) stories.
B.
Development regulations.
(1)
Comprehensive Plan. A proposed neighborhood shopping center shall be consistent with the Comprehensive Plan of Wright Township.
(2)
Number of principal buildings or structures. A neighborhood shopping center shall consist of a single principal building or structure housing multiple permitted uses in a B-1 Neighborhood Commercial zoned district or no more than two (2) principal buildings or structures with each building or structure supporting an otherwise permitted use in a B-1 Neighborhood Commercial zoned district, and shall be designed as a single unit with harmonious arrangement of the building or buildings, open space, pedestrian and vehicular circulation, and parking areas to promote a safe, convenient and functionally efficient shopping area.
(3)
Uses otherwise permitted in a B-1 Neighborhood Commercial District: Refer to Article 5, § 145-506A.
(4)
Uses otherwise permitted by special exception in a B-1 Neighborhood Commercial District: Refer to Article 5, § 145-506B.
(5)
Buffer area. A neighborhood shopping center shall have a buffer area along all boundary lines. The buffer area shall be a minimum of fifteen (15) feet in depth and shall be used for no other purpose than planting and screening.
(a)
Screening shall be provided by a continuous view-restrictive screen at least six (6) feet to eight (8) feet in height designed to obscure the view of buildings and other facilities from residential districts and uses.
(b)
For the purpose of this chapter, when a buffer area is required, it shall be deemed to represent a fence or stone wall with or without cork, trees, shrubs or a combination thereof.
(c)
All plant materials shall be six (6) feet to eight (8) feet in height at the time of planting and placed to provide view restrictions. Walls, earth mounds and fences (or a combination thereof) may be included with the plant material to complement and provide variety to the screen. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material, which dies, must be replaced by the owner or developer.
(d)
Existing vegetation and/or natural features may be used to meet buffer area requirements, provided the location and composition of existing plant materials and/or natural features will result in screening that meets the requirements of this section.
(e)
A buffer area shall not be used for any other purpose other than its intended effect as a buffer. As such, no other use, including, but not limited to, structures, buildings, signs, parking and/or storage shall be permitted in the buffer area.
(f)
In addition, commercial lighting shall be directed away from adjoining and/or abutting properties.
(6)
Water and sewer systems. All buildings within a neighborhood shopping center shall be served by public water and public sewer systems. If such systems are not available, a central water supply and central sewage system approved by the Pennsylvania Department of Environmental shall be required.
[Amended 8-12-2013 by Ord. No. 236]
(7)
Ingress and egress access points to public streets from a neighborhood shopping center shall be not less than one hundred (100) feet from any public street intersection. Points of ingress and egress shall be designed in such a manner to avoid undue congestions to or interfere with normal traffic flow within the Township.
(8)
Pedestrian and vehicular circulation. The site plan for a neighborhood shopping center shall include provisions for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of a neighborhood shopping center.
(9)
Off-Street parking and loading. The requirements for off-street parking and loading shall be met as provided for in Article 11 of this chapter.
(10)
Drainage. A stormwater management plan, consistent with design requirements contained within Article 6 of the Wright Township Subdivision and Land Development Ordinance [Chapter 131] shall be submitted.
(11)
Utilities. All utilities serving a shopping center shall be placed underground.