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Wyalusing City Zoning Code

ARTICLE I

General Provisions

§ 500-100 Authority.

This chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, Act 247, the Pennsylvania Municipalities Planning Code,[1] July 31, 1968, as amended (title amended December 14, 1992, P.L. 815, No. 131). The Council of Wyalusing Borough, Bradford County, PA, under the authority cited above, does hereby ordain that this Zoning Ordinance was enacted in order to promote and protect the health, safety, morals and general welfare of the residents of the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 500-101 Title.

This chapter shall be known and may be cited as "The Wyalusing Borough Zoning Ordinance of 2019" and intends to serve as a comprehensive revision of the Wyalusing Borough Zoning Ordinance dated June 7, 1994. The last comprehensive amendment to the Wyalusing Zoning Ordinance was April 4, 2006.

§ 500-102 Purpose.

The Zoning Ordinance is enacted for the following purposes:
A. 
To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, the provision of adequate light and air, and other public requirements;
B. 
To prevent one or more of the following: overcrowding, blight, loss of health, life or property from fire, flood or other dangers;
C. 
To adopt a Zoning Map dividing Wyalusing Borough into zoning districts with varying regulations;
D. 
To permit, prohibit, regulate and determine the uses of land, watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, expansion, razing, removal and use of buildings and structures, as well as yards and other open areas to be left unoccupied;
E. 
To establish the maximum density and intensity of uses;
F. 
To provide for the protection of natural and historic features and resources;
G. 
To protect existing residential neighborhoods;
H. 
To promote innovative residential design and encourage the creation of a sense of community;
I. 
To provide diverse housing opportunities, including housing that is affordable;
J. 
To encourage adaptive reuse and infill development within the Route 6 and Route 706 corridor business districts;
K. 
Where applicable, provide for the reasonable development of minerals and natural resources to address the impact of the natural gas industry;
L. 
To act as an overall plan for the orderly growth and development of Wyalusing Borough and as such seek to implement the components of the Comprehensive Plan for Wyalusing Borough.
M. 
Facilitate appropriate development of the Borough, protect the tax base and encourage economy in public expenditures.

§ 500-103 Community development goals and objectives.

This chapter provides a legal basis and framework for future development within Wyalusing Borough. Its provisions were guided by the policy recommendations set forth in the 2016 Comprehensive Plan for Wyalusing Borough adopted by resolution of the Wyalusing Borough Council on September 1, 2016. The following list of goals and objectives were taken, verbatim, and represent the Borough's legislative findings with respect to historical and cultural resources, natural resources and sensitive areas, housing, land use, transportation, community facilities and utilities, economic development, institutional/regulatory and other factors which the Council believe relevant in guiding the future development of the municipality. The highlighted goals and objectives are specific to Wyalusing Borough:
A. 
Historic and cultural resources.
(1) 
Goal. To preserve and conserve the rich agricultural and commerce history and heritage resources of the Wyalusing area.
(2) 
Objectives:
(a) 
To encourage and work with the Bradford County Historical Society, and other area historic and heritage development organizations to further document and catalog important sites and themes related to the agricultural heritage of the Wyalusing area.
(b) 
Wyalusing is situated where Wyalusing Creek enters the Susquehanna River and is built upon a low hill nestled between Browntown Mountain and the renowned Wyalusing Rocks above the Susquehanna River. The river enabled the first explorers and settlers the earliest means of transportation through the Endless Mountains region so named for the many hills and ridgetops remaining from the heavily dissected peneplain.
The area was populated entirely by Native American Indians prior to the coming of European settlers. At that time, the Wyalusing Plains were occupied by a tribe of the Susquehannocks, known as the Andastes; a name given them by the French explorers. Prior to 1750, a settlement known as the Gahontato, opposite Sugar Run, was inhabited by the Tehotachsee; named by the Iroquois. This small tribe was completely exterminated by the Cayugas in wars waged before the introduction of firearms. With the coming of firearms and iron utensils, the Iroquois nation flourished and subjugated the entire region.
In 1752, Paupanhunk, a Minsi or Monsey Chieftain of the Delaware tribe established a settlement with about 20 families. The village was built upon the ashes of a previously destroyed settlement and was named M'chwihilusing; meaning "home of the honorable warrior," from which the anglicized "Wyalusing" was obtained. In 1760, Charles Frederick Post spent a night at M'chwihilusing and introduced Christianity at the request of the Indians. In 1763, the Moravian apostle, David Zeisberger, and Quaker Evangelist, John Woolman, preached to Paupanhunk's people. In 1765, Zeisberger returned and assisted by John Jacob Schmick, established a Moravian mission named Friedenshutten. Within two years, the mission grew and remained until the outbreak of the American Revolution when the Paupanhunk relocated to Lock Haven.
The first permanent settlement thereafter occurred in 1774 by Connecticut settlers, claiming lands granted or leased through the Susquehanna Company. During the Revolutionary War, white settlers in the town sought refuge at Fort Wyoming. In 1778, Wyalusing was burned to the ground by Indians sympathizing with the British.
Through the 1800s, Wyalusing served as a hub for the shipment of logs down the Susquehanna River and grew as a commercial center for the surrounding farms. The Welles Mill Company was established along the Wyalusing Creek in 1820, and was a prime reason settlers came to reside in the town and farm the surrounding countryside. The present town is comprised of farmlands once owned by the Gaylord family.
Wyalusing became a shipping center on the North Branch Canal that followed the Susquehanna River through this region and crossed the Wyalusing Creek by way of an aqueduct. During the mid-1880s, a railroad was built though this area and Wyalusing became a main shipping point for livestock, grain, lumber, and flagstone. The town's business section, built between 1840 and the early 1900s, has escaped serious fires that swept other towns in this area. As a result, the charming, old store fronts still exist today as they were more than a century ago. Wyalusing was incorporated as a Borough in 1887; the same year as "The Wyalusing Rocket," the local newspaper that still operates today. In the mid-1920s, Wyalusing became a main shipping center for a vast dairy industry that had grown in the region surrounding the town. Today, Wyalusing is a commercial social, recreational, education and spiritual hub for a diversified area. Its business district contains some fine shops that provide goods and services to those who shop in town on a daily basis. The town supports a junior-senior high school and an elementary school that covers Laceyville, New Albany, Camptown and the Wyalusing area. Wyalusing's most dominant feature is the natural beauty in which the town is set including the Wyalusing Rocks overlook, one mile west of the Borough on State Route 6 that is of particular interest to tourists and residents alike. In short, Wyalusing has a well-defined downtown, convenient location, bountiful natural resources, streets lined with nicely maintained homes, and perhaps more importantly, residents who enjoy living here and who want to maintain and improve the quality of life.
(c) 
An examination of the physical features of an area is a critical component of a Comprehensive Plan. Many of these features affect policy planning significantly because of their impact on the area's development potential. The major limiting features in Wyalusing Borough appear to be topography, particularly the steep slopes of the ridge areas, and soil geology. Other physically limiting characteristics of the land, such as floodplains and wetlands, have somewhat less impact, although they do exist at various locations throughout the Borough.
(d) 
Topography, the nature of the land surface, determines to a great extent which land can be utilized and developed properly. The more level the land, the more uses the ground can support. The greater the slope, the more restrictive and limited the potential land uses become. As the slope of the land increases, so do the price for development and the impact of such building on the environment. The topography of Wyalusing Borough can best be characterized as river and stream valleys surrounded by rolling hills and mountain ridges. The topography or slope of a sizeable portion of Wyalusing Borough greatly limits development potential but, nonetheless, creates an unusually beautiful landscape. Low-lying land for agriculture exists between the ridges, and major residential and commercial activities are found in the valley areas created by the Susquehanna River.
(3) 
Goal. To recognize the importance and improve the visibility of transportation in telling the story of the heritage of the Wyalusing area.
(4) 
Objectives.
(a) 
To encourage and work with the Bradford County Historical Society, and other area historic and heritage development organizations to further document the role of highways (i.e., Route 6),
(b) 
To coordinate and work with the Pennsylvania Route 6 Heritage Corporation and the Pennsylvania Route 6 Tourist Association focusing on the interrelationship between nearby U.S. Route 6 and the agricultural, commerce, migration and manufacturing heritage of the Wyalusing Area.
B. 
Natural resources and sensitive areas.
(1) 
Goal. To preserve and conserve the critical natural and environmental features that defines the Wyalusing area and enhance its quality of life.
(2) 
Objectives.
(a) 
To preserve viewsheds characterized as forested uplands, scattered steeply sloping areas and agricultural valleys.
(b) 
To preserve area streams and creeks, especially those stocked with and/or sustaining fish and/or drinking water.
(c) 
To preserve and maintain other water resource areas such groundwater recharge areas.
(d) 
To preserve and enhance areas identified as being of local significance, including the historic Wyalusing Hotel and Main Street, historic facades from Victorian era, and local houses of worship, and good and/or active agricultural land.
(e) 
To preserve and maintain agricultural activities, especially on existing farms and in areas having prime agricultural soils.
(f) 
To foster development in existing built-up areas and in identified growth centers.
(g) 
To provide sewerage facilities to built-up and clustered areas of the Boroughs, as necessary to maintain the quality of the existing water supply and prevent ground contamination resulting from malfunctioning on-lot sewage disposal systems and/or untreated discharges.
(h) 
To seek designation of State Route 6 as a Pennsylvania Byway, bringing together transportation, land use and natural resources to safely develop and transport the natural gas resource known as the Marcellus shale.
C. 
Housing.
(1) 
Goal. To preserve and conserve the critical natural and environmental features that define the Wyalusing area and enhances its quality of life.
(2) 
Objectives:
(a) 
To provide opportunities for the development and revitalization of all types of housing throughout the Wyalusing Area, providing for a range of choices related to location, type and cost.
(b) 
To encourage the retention of the architectural integrity of residential structures in the Wyalusing Area, especially during renovation, partitioning and rehabilitation activities.
(c) 
To encourage the development of seasonal homes, hunting/fishing cabins and other forms of light-density second-home residential development well planned in concert with local land use patterns and natural resources and sensitive areas in the Borough of Wyalusing.
(d) 
To provide a mechanism by which new residents, young families and other prospective homeowners on moderate incomes may acquire and rehabilitate existing housing units coming available on the market via first-time homeowner programs.
(e) 
To provide for the maintenance of the existing housing stock and exterior property condition by the enactment and enforcement of a property maintenance or existing residential structures ordinance.
(f) 
To provide a mechanism for the demolition of severely dilapidated and/or derelict housing units that may have been abandoned by former owners.
D. 
Land use.
(1) 
Goal. To ensure orderly, appropriate and compatible growth that will result in well planned and efficient development of Wyalusing Area.
(2) 
Objectives.
(a) 
To encourage balanced development among the various land uses required to meet current and future local needs, in concert with the rural and passive open space orientation and developmental pattern prevalent with the Wyalusing Area.
(b) 
To encourage the coordination of sanitary sewer, water service and land use planning in Wyalusing Borough, appropriate to reflect the concept of growth areas and clustering in development of appropriate areas reflecting future land use recommendations of this plan.
(c) 
Designation of land uses through zoning is one way to prescribe growth and development into corridors that provide proper infrastructure and suitable site grading and access. More often than not, site features such as soil suitability, presence of floodplain, wetlands and slope dictate development opportunity and design on a particular parcel.
(d) 
To encourage innovative and creative approaches to residential and nonresidential development including the "cluster" concept; traditional neighborhood development; the incorporation of public open spaces, plazas and commons; aesthetic design and location of parking areas; pedestrian walkways trails and passages; and attention to vistas and viewsheds in future development.
(3) 
Goal. To encourage and pursue the land development concepts of growth centers, and infill development based on planning that links access, infrastructure, and past development patterns.
(4) 
Objectives.
(a) 
Public (P) intended purpose. To designate areas of the Borough for municipal building, public park, library, post office, and open space.
(b) 
Business-1 (B-1) intended purpose. Main Street and Historic Route 706 to meet the community's needs for general goods and services in the undeveloped space in the Route 706 corridor.
(c) 
Business-2 (B-2) intended purpose. The intent of the Business-2 District is to provide for the larger businesses within undeveloped space in the Route 6 corridor.
(d) 
Conservation (C) intended purpose. The Conservation/Open Space District is designed to protect areas in the Borough for the preservation and conservation of the natural environment, permit and encourage the retention of forested and steep slope areas, water and wildlife resources while permitting limited residential and recreation uses.
(e) 
Agricultural (A) intended purpose. The purpose of the Agricultural Residential District is to provide for the conservation of existing rural residential areas and to permit limited residential expansion within agricultural areas. On-site water supply and sewage disposal are generally the only facilities available.
(f) 
Residential (R-1) District. The intent of the Low-Density Residential (R-1) District is to provide standards that protect the existing character of the district and for the orderly expansion of additional low-density development, where there is potential. The District is compatible with areas of the Borough that provide both municipal sewer and water services. The Low-Density Residential District promotes a safe family, home environment meeting minimum standards for health and safety against hazards and nuisances. To preserve the historic homes located in the center of town.
(g) 
Residential (R-2) District. The intent of the Medium-Density Residential District (R-2) is to provide for the orderly development of existing and proposed medium-density residential areas compatible with areas of the Borough that provide both municipal sewer and water services. The Medium-Density Residential (R-2) District promotes a safe family, home environment at a higher building density, yet still meeting minimum standards for health and safety against hazards and nuisances this multifamily district.
(h) 
Residential (R-3) District. The intent of the Medium-Density Residential District (R-3) is to provide for the orderly development of existing and proposed medium-density residential areas compatible with areas of the Borough that provide both municipal sewer and water services. The Medium-Density Residential (R-2) District promotes a safe family, home environment at a higher building density, yet still meeting minimum standards for health and safety against hazards and nuisances for the apartments and senior housing in this district.
(i) 
Industrial (I) intended purpose. The purpose in the Industrial District is to maintain the existing manufacturing activity regarding natural gas-related businesses, including Mestek, Inc.
(5) 
Goal: to promote harmony between existing development, future development, and the natural environment.
(6) 
Objectives.
(a) 
To preserve environmentally sensitive land such as floodplains, wetlands, and steeply sloping areas, historic, architecturally significant and heritage resources; passive open and sporting areas; and natural resources and sensitive areas from inappropriate development.
(b) 
To maintain and enhance recreational opportunities and preserve open space for use by existing and future residents.
(c) 
To encourage the creation of environmentally neutral business and industry with new employment opportunities for existing and future residents.
(d) 
To enact or revise local land use and land development ordinances to better anticipate and guide development, and consider the implementation of such ordinances in a regional format embracing the Borough.
(e) 
To encourage the enhancement and retention of agriculture of a land use and component of the economic and tourism base of the Wyalusing Area by protection via zoning, inclusion of involvement in the Pennsylvania Agricultural Conservation Easement Program.
E. 
Transportation.
(1) 
Goal. To assure that a safe and efficient transportation network is maintained throughout the Wyalusing area for automobiles, trucks, motorcycles, bicycles, and pedestrians.
(2) 
Objectives.
(a) 
To coordinate efforts with the Pennsylvania Department of Transportation, Northern Tier Regional Planning and Development Commission and the Bradford County Planning Commission for the continuation of traffic safety improvements along Routes 6 and 706 including shoulder widening, intersection improvements, turning lanes and surface improvements.
(b) 
To provide candidate projects for submission to the Northern Tier Regional Planning and Development Commission and Bradford County Planning Commission and the Pennsylvania Department of Transportation for other transportation improvements for inclusion in the Twelve-Year Improvements Program on a biannual basis.
(c) 
To assure that state secondary highways in the Wyalusing Area are maintained in acceptable conditions in relation to surfacing and maintenance.
(d) 
To create a more pedestrian-friendly environment on PA Route 6 and Route 706 in the business districts of Wyalusing Borough through traffic calming techniques.
(e) 
To develop a trail interface between the Wyalusing Borough and their recreational uses along the Wyalusing Creek and Susquehanna River.
(f) 
A transportation system provides a means of moving people and services from place to place through both regional and local system. The regional system allows people to move quickly through a larger geographic area and the local system allows them to move within a framework of access points necessary during everyday life, such as school, grocery store, work, doctor's office, etc. For residents of Wyalusing Borough, the regional system would include roads such as U.S. 6 and Route 706 that traverse the larger area.
F. 
Community facilities.
(1) 
Goal. To provide an adequate level of community facilities, utilities, and public services that are necessary to meet the needs of existing residents, persons anticipated to move into the area, and visitors.
(2) 
Objectives.
(a) 
To enhance the role of Wyalusing Borough Park as a community asset by pursuing a strategy focused on structural and nonstructural improvements that improve the facilities, operation and year-round accessibility of the park.
(b) 
To maintain Borough Municipal Building in Wyalusing Borough to better serve the future needs of the Borough and enhance the concept of village center development.
(c) 
To assure that residential and other development in the Borough are served by an adequate, operational and functional on-lot sewage disposal system or community system.
(d) 
Wyalusing Borough contains Borough roads and considered state-owned and maintained roadway. Drivers freely move between the local and state-owned network.
(e) 
Generally, roads owned and maintained by the Borough are in good to very good condition as the Road Crew works to resolve any maintenance issues that arise each year. The Borough uses a two-prong strategy to address road maintenance. First, by maintaining good roads and picking sections of poorer roads to improve as time and budget allows. The Borough would like to implement a process where five-year plan Borough roads are completely maintained each year.

§ 500-104 Interpretation.

In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promotion of health, safety, morals and general welfare of Wyalusing Borough. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all the regulations of the zoning district in which it is located and with all other pertinent regulations of this and other related ordinances. This chapter is not intended to interfere with, abrogate, annul, supersede, or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements, but if this chapter imposes more stringent restrictions upon the use of buildings, structures and land than are elsewhere established, the provisions of this chapter shall prevail. Wherever and whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted laws, rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. In interpreting the language of this chapter to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the adopted language, in favor of the property owner and against any implied extension of the restriction.

§ 500-105 Applicability.

A. 
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(1) 
Use, occupation, erection, construction, reconstruction, movement, alteration, razing, demolition, removal, placement of extension (vertical or horizontal) of a structure, building or sign, unless relief is granted by the Zoning Hearing Board;
(2) 
Change of the type of use or expansion of the use of a structure, building or area of land;
(3) 
Creation of a lot or alteration of lot lines; and
(4) 
Creation of a new use.
B. 
This chapter shall not apply to an existing or proposed building or extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and Wyalusing Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings.

§ 500-106 Municipal liability.

The granting of a zoning permit for the erection and/or use of a structure, building or lot shall not constitute a representation, guarantee or warranty of any kind or nature by Wyalusing Borough, or an official or employee, thereof, of the safety of any structure, building, use or other proposed plan from cause whatsoever, and shall create no liability upon or a course of action against such public official or employee for any damage that may be pursuant thereto.

§ 500-107 Disclaimer.

It is recognized that: the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law"[1]; the Act of May 31, 1945 (P.L. 1198, No 418), known as the "Surface Mining Conservation and Reclamation Act"[2]; the Act of April 27, 1966 (1st Special Session, P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act"[3]; the Act of September 24, 1968 (P.L. 1040, No. 318) known as the "Coal Refuse Disposal Control Act"[4]; the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act"[5]; the Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Noncoal Surface Mining Conservation and Reclamation Act"[6]; the Act of June 30, 1981 (P.L. 128, No. 43) known as the "Agricultural Area Security Law"[7]; the Act of June 10, 1982 (P.L. 454, No. 133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances"[8]; and the Act of May 20, 1993 (P.L. 12, No 6), known as the "Nutrient Management Act"[9] preempt zoning ordinances. Therefore, suggestions, recommendations, options or directives contained herein are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of those acts. This Zoning Ordinance shall mandate nothing contrary to those Acts.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See now 58 Pa.C.S.A. § 3201 et seq
[6]
Editor's Note: See 52 P.S. § 3301 et seq.
[7]
Editor's Note: See 3 P.S. § 901 et seq.
[8]
Editor's Note: See 3 P.S. § 951 et seq.
[9]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

§ 500-108 Severability.

The provisions of this chapter are severable and if any provisions, sentence, clause, section, part or application thereof shall be held illegal, invalid or unconstitutional, by a court of competent jurisdiction, such legality, invalidity or unconstitutionality shall not affect or impair any of the remaining provisions, sentences, clauses, sections or applications. It is hereby declared to be the legislative intent of the Borough Council that if a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

§ 500-109 Repealer.

The preexisting Wyalusing Borough Zoning Ordinance, as amended, is hereby expressly repealed; provided, further that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances or parts of ordinances and all resolutions or parts of resolutions, which are inconsistent herewith by virtue of references, or incorporation of requirements contained in the preexisting Zoning Ordinance as amended shall, as nearly as possible, be construed to reference this chapter.

§ 500-110 Effective date.

This chapter shall take effect immediately upon its enactment by the Council of Wyalusing Borough.