DRAFT. October 24, 2014, Minor Revision for Exeter and Overfield Twps. October 27, Summary of Current Development Policies in Wyoming County

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1 October 24, 2014, Minor Revision for Exeter and Overfield Twps. October 27, 2014 Summary of Current Development Policies in Wyoming County Before preparing a new County Comprehensive Plan, it is essential to consider the policies that have already been established by various municipalities. Many counties seek to generally build their Plan upon local policies, unless there is a good reason to propose major changes. Nine municipalities have adopted zoning regulations. The County Plan will also be built upon conservation of important natural features, including floodprone land, wetlands and very steeply sloped lands. To minimize the amount of farmland and forest land that is consumed by new development, it is also helpful to steer most new development to locations where it can be served by public water and sewage systems. This is because public water and sewage service allows the same amount of development to be accommodated on much less total land than if the same development would occur with wells and septic systems. Most commercial and industrial uses seek to be located near a major road, particularly because heavy trucks have trouble negotiating local roads and commercial businesses usually want visibility. The goal is to balance the need for new commercial and industrial development with the desire to avoid new strip commercial development along long stretches of roads. This can be achieved by seeking to have most business development occur in areas where there can be a substantial depth of development, with access to a traffic signal. For example, a commercial and/or industrial subdivision can include multiple lots with an internal road that enters onto the main road at a traffic signal. At the same time, it is desirable to promote reuse and redevelopment of the business areas in the downtown and other older business areas for uses suitable for those areas before large areas of new farmland or forests are developed Wyoming County Comprehensive Plan A previous memo summarized the text recommendations in the existing County Comprehensive Plan. This memo summarizes the Comprehensive Plan Map that was adopted in 1997 (and is dated 1995). The current Plan Map starts with showing the public recreation lands, the floodplains and concentrations of very steep slopes as Conservation. These areas are intended to experience very low intensity or no development. (In the new plan, we will separate out public recreation lands as a separate category.) The largest concentrations of prime agricultural soils outside of designated growth areas are highlighted as Agricultural areas, where the emphasis should be placed upon continuing agricultural production. In these areas, intensive new residential subdivisions should be avoided to minimize conflicts with farming, and any new residents should expect to experience common nuisances from farming. Most communities seek to avoid the extension of public sewage services into these areas. The existing boroughs, selected adjacent areas and several villages are designated as growth areas. The downtowns of the boroughs and areas in larger villages are categorized as Commercial. These include part of Noxen, part of Beaumont on Route 309, a few segments of Route 6, such as west of 1

2 Tunkhannock Borough, the commercial segment of Route 29 in Eaton Township, and west of the intersection of Routes 6 and 11. These commercial areas are relatively small in total size. The main Single Family Residential growth areas are mainly close to existing residential development, including inside each borough, in Noxen, in Beaumont, in Center Moreland, in West Falls along Route 92 in Exeter Township, along Route 29 in the Evans Falls area, in northern Eaton Township west of Route 29, north and northwest of Tunkhannock Borough (which was the largest growth area), near the juncture of Routes 6 and 87, in Mehoopany along Route 87, around Meshoppen Borough, along Route 6 in Braintrim Township east of Dolittle Hill Road, around Laceyville, west of Laceyville along Route 6, Jenningsville along Route 87, around Lake Winola and Mill City, around Lake Carey, Highfields along Route 92, areas southwest of Factoryville, and around Union Chapel on Route 107. A few sites in the middle of boroughs are categorized as Multi-family. Only one area is highlighted as Industrial - the Procter and Gamble plant. A few existing sites are categorized as Public/Semi-Public, such as Keystone College. Remaining areas are categorized as Scattered low density development and conservation. Wyoming County Subdivision and Land Development Ordinance (SALDO) A SALDO primarily establishes procedures that must be followed in order to have a new lot or a land development approved. A land development is mainly a commercial, industrial or multi-family development, such as building a new business building on a lot. The SALDO also establishes engineering and improvement construction standards, such as specifications for construction of new roads or road extensions as part of a development. The County s SALDO applies in municipalities that have not adopted their own SALDO. Only five municipalities have their own SALDO (Factoryville and Falls, Overfield, Washington and Clinton Townships). The SALDO also has lot size requirements that apply in municipalities that have not adopted their own zoning or SALDO. The County SALDO includes a floodplain requirement that is more restrictive than most ordinances. It requires that the lowest floor of a building be elevated 1.5 feet above the 100 year flood level. This is particularly valuable because FEMA has reported that the 100 year level is actually a few feet higher than is shown on their official maps. The SALDO includes few enforceable standards for natural feature preservation. If a municipality does not have zoning, then the SALDO requires a 1 acre lot if there is no central sewage service, and a 20,000 square feet (about ½ acre) lot if there is central sewage. A developer has an option of proposing a conservation development if they have 10 acres of land. This can result in single family detached house lots of 7,000 square feet if central sewage and water services 2

3 are provided. A minimum of 50 percent of the land must be permanently preserved, which can include land maintained as a farm. Portions of unbuildable areas do not count towards the 50 percent, so most sites would actually result in more than 50 percent preserved land. The intent is that a developer would achieve 15 percent more homes than would be possible with a conventional development. Where zoning does not apply, the SALDO also includes standards for other types of housing. Townhouses can be developed at 6 homes per acre, apartments at 8 to 10 homes per acre, and units in a manufactured/mobile home park at 7 units per acre. Campgrounds can be developed at a maximum of 10 sites per usable acre. Information on County regulations of gas industry facilities are described below. Municipal Development Policies The following discussion concentrates upon the townships because they have the majority of the undeveloped land. Clinton Township Clinton Township adopted a joint Zoning Ordinance with Nicholson Borough in Most of Clinton Township is zoned Rural Agriculture. This is a relatively permissive district that allows restaurants, offices, light manufacturing uses, boarding houses, manufactured home parks, mining, apartments and vehicle sales. In some cases, conditional use approval is needed. The Residential zoning district applies to various existing clusters of existing homes, such as along Highland Avenue. The Commercial-Industrial district is along most of the length of Route 11 between Route 6 and the Nicholson Township border to the north. Another concentration of Commercial-Industrial zoning is at the northwest, northeast and southeast quadrants of the Routes 11/6 intersection, and along Route 307 north of Route 6. Nicholson Borough The Borough s Zoning Map is difficult to read. Nicholson has a Conservation district that covers an area of land along the north side of the Tunkhannock Creek, including the Carnival Grounds. The Business zoning district is mainly along Route 11 and Main Street. Most existing residential areas are in residential zoning districts. Other portions are in industrial districts. Factoryville Borough Most of Factoryville is in a Residential zoning district. The oldest residential part of the town is in a Village zoning district. The Rural zoning district includes the portion of Keystone College that is in the Borough and the southern part of the Borough. A few lots along the south side of Route 6/11 is in a Highway Commercial district. 3

4 Falls Township Most of Falls is in the Rural Agriculture district. The Rural district mainly includes existing concentrations of residential lots, such as the village of Falls on Falls Road, along Orchard Drive and along Creek Hollow Road. The Commercial district mainly applies to Route 92 east of the river, and along Route 307 including Mill Creek to east of Quarry Road, as well as an area north of Route 307 along Highland Road. The Industrial district includes an area north of the river along Sandplant Road, which is south of Route 92. Overfield Township This township recently completed a new zoning ordinance. We are in the process of confirming that the zoning map did not change. Most of the township is currently in an Agriculture zoning district. That district requires one acre per dwelling, regardless of utilities. The Agriculture district allows the following as conditional uses: golf courses, RV campgrounds, mining, manufactured home parks, compressor stations and resorts. The Residential district surrounds Lake Winola. This district has the most limited list of allowed uses, and mainly provides for one and two family housing. There is a requirement for one acre per home, except it is 1/4 acre per home with central water and sewage services. The Commercial district includes a lot northwest of Lake Winola and an area southeast of the Lake. the Commercial district also allows apartments and light manufacturing as conditional uses. One area in the northwest part of the township is zoned Industrial, which also allows many commercial uses. There is a Lake Winola Overlay District which addresses improvements around the lake and the allowed uses of boats. Like several other Wyoming County municipalities that address the issue, gas wells in Overfield Township are limited to the most rural district (Agriculture), and require conditional use approval from the Supervisors. Exeter Township This township is currently completing a new zoning ordinance. We are in the process of confirming whether or not the zoning map is being changed. Under the current zoning ordinance, most of the land is in the Rural Agriculture district. The proposed zoning would allow a number of intensive uses in the Rural Agriculture areas with conditional use approval, including manufactured home parks, quarries, and apartments. The Residential zoning district is concentrated in West Falls, including areas along Route 92, east of Old State Road and west of the river. Both the Rural Agriculture and the Residential districts are proposed to allow ½ acre lots. A Conservation Subdivision option would allow smaller lots with permanently preserved open space. There is a Commercial zoning district near the bridge across the river and along parts of Route 92 south of Baily Road. Tunkhannock Township and Lemon Township 4

5 These two townships do not currently have zoning regulations. Draft zoning ordinances were prepared in 2005 but were not adopted. Therefore, the main controls on development in these two townships is the County s SALDO, which is not intended to control the locations or types of uses of development. Their 2005 Joint Comprehensive Plan recommended that most growth be concentrated along the length of the Route 6 corridor in Tunkhannock Township, east and west of Tunkhannock Borough. This included areas around Tyler Hospital and Shadowbrook. This primary growth area also extended south to the area along Rt. 92 near the Tunkhannock Township Building. The intent was that most intensive commercial and industrial uses would be located within this primary growth area. A number of Village Centers were also proposed. These were intended to provide for smaller scale business uses, as well as housing. Most of these areas were not planned for central water and sewage services, and therefore were mainly intended to provide for one acre of lot area per dwelling. These Village Centers were the villages of Lemon along Route 29, East Lemon along Route 92 in eastern Lemon Township, and Osterhout at Routes 307 and 92. The Plan also recommended that growth occur around the Stone Hedge Golf Course, which was intended to include housing. Lake Carey, Stevens Lake, Stone Hill, Rivercrest and various residential subdivisions were recommended to be treated as Residential Areas. The remainder of the two townships were recommended to categorized as Rural Resource areas. These areas were intended to promote Conservation Subdivisions that involve permanent preservation of substantial percentage of the tract in permanent open space, in return for smaller lots. Within these areas, there was also an intent to provide for farm-based businesses on larger lots. Like most of the other comprehensive plans, the Plan also mapped floodplains, wetlands and very steeply sloped lands (over 25 percent slope) as Potential Conservation Areas. Tunkhannock Borough Tunhannock includes a Downtown Commercial district. Most of the Borough is in a R-1 Residential district. There is a S-1 Special Conservation district along the river, along the railroad, along the Swale Brook Creek, and in the undeveloped northwest part of the Borough. The Industrial district includes one lot on the west end and an area along the east end of the Borough. Eaton Township Eaton adopted a new joint zoning ordinance with Monroe Township in Throughout the Township, an one acre minimum lot size is required with a well and septic system, and a half-acre lot size with central water and sewage services. Most of Eaton Township is zoned Rural Agriculture (RA-E). This district allows a large number of uses by right, including gas wells, restaurants, offices and boarding houses. With Board of Supervisors approval, light manufacturing uses, retail stores of up to 20,000 square feet, manufactured home parks, mining and compressor stations are allowed. 5

6 The Residential district is mainly in the area where there is a concentration of homes west of the Route 29 commercial corridor, south of the Susquehanna River, as well as in the villages of Eatonville and Junks. The Ordinance includes a Conservation option that allows smaller lots in return for permanent open space preservation. The Village Commercial district is in Eatonville east of Route 29, and mainly allows for less intensive commercial uses. The Industrial/Commercial district allows for all types of businesses and is along Route 29 south of the Susquehanna River, including the Skyhaven Airport and the Walmart. Monroe Township Monroe Township s zoning districts are very similar to Eaton s (as described above). Most of Monroe Township is in the Rural Agricultural district. That district allows a large number of business uses. The Residential district mainly includes areas along Root Hollow Lane, west of Route 29, and along Myers Lane, east of Route 29. The Village Commercial district includes the village of Beaumont along Route 309, and areas along Route 29 north of the juncture with Route 309. Because Monroe Township prepared a joint plan with Eaton Township, Monroe Township was not required to provide land areas that allowed heavier types of industrial and commercial uses. Washington Township Washington Township adopted most of its zoning ordinance in Most of the township is zoned Agriculture, which in most cases requires a 2 acre lot size. The Agriculture district mainly allows small-scale commercial uses, except that mining and manufactured home parks are allowed with special exception approval. Proctor and Gamble and nearby land north of Route 87 are zoned Manufacturing, which also allows commercial uses. There is Medium Density Residential zoning east of Vosburg Road north of the Susquehanna River. There is a lighter Neighborhood Commercial district and a Heavy Commercial district along Route 87. Unconventional Gas Industry The unconventional gas industry generates a full range of additional issues. Many staging areas, trucking uses and storage uses can be treated the same as similar commercial/industrial areas. The routes of pipelines involve various types of reviews, but are not usually regulated by municipalities or the County. Compressor stations should be located in areas that are not near homes, however, their noise impacts can be controlled with proper soundproofing, with local noise standards. A county or municipality is not permitted to regulate operational matters of the gas industry that are regulated by the State, such as how gas wells are constructed or which chemicals are used. Moreover, municipalities and the county are not permitted by State law to regulate air pollution (except for open 6

7 burning). A municipality is allowed to regulate traditional lot size and setback matters, as long as the regulations do not effectively exclude gas industry activities within their borders. One wellhead now typically serves fracturing activities that extend horizontally underground in multiple directions. The truck traffic, visual and noise impacts of a wellhead are most evident during the initial construction of the wells. Because a portion of State Act 13 was overturned by the courts, municipalities are once again allowed to enact reasonable controls on the locations of the wellheads. In general, wellheads can be prohibited in areas that are particularly important for conservation purposes (such as locations close to the Susquehanna River) and areas that are highly residential in nature. Many communities with zoning regulations require substantial setbacks for wellheads from existing homes, and some require that special exception approval be obtained from the Zoning Hearing Board or conditional use approval be obtained from the Board of Supervisors or Borough Council. The PA. State Association of Township Supervisors (PSATS) has prepared a model ordinance to guide local regulations of the unconventional gas industry. Similar models have been prepared by Lycoming County and other entities. The following are main recommendations of the PSATS model: - Allowing natural gas compressor stations and natural gas processing plants as a permitted by right use in certain districts, such as an industrial district. - Allowing natural gas compressor stations and natural gas processing plants in non-industrial districts if it is at least 1,000 feet away from a pre-existing building on another lot. - Allowing a gas well site if it is at least 500 feet away from a pre-existing building on another lot. The intent is that a gas well would be permitted by right in some districts (such as industrial) and need special exception or conditional use approval in residential and some other districts. (Note - The Legislature subsequently enacted Act 13, which required a 300 feet setback for a well from an existing building and a 500 feet setback from a lot line, but that gave DEP some authority to grant waivers to the setbacks. Large setbacks were also established from water sources, but those setbacks may no longer be effect because of the court decision. DEP is also working on revised regulations. Some municipalities are now completely prohibiting wells in highly residential zoning districts, with the additional latitude they were given by the State Supreme Court.) - Requiring a municipal permit and submission of a site plan and specific information for any gas facilities. - Requiring a road maintenance and repair agreement with the municipality before any municipal streets are used for site construction, drilling and operations. - Requiring that a Preparedness, Prevention and Contingency Plan be provided by the operator to the municipality and emergency responders. The operator would also be required to hold one site orientation and training course for emergency responders. - Requiring a written narrative describing environmental impacts and measures that will be used 7

8 to mitigate those impacts. - Proof that minimum clear sight distances will be met at all vehicle access points. (This is particularly an issue along municipal roads, if municipal ordinances do not already establish a requirement. Some municipalities include PennDOT s sight distance standards by reference.) - A requirement that all structures meet the height requirement for the zoning district, except temporary drilling equipment. - A requirement that the drilling pad meet building setbacks for the zoning district. - A requirement that the drilling rig be setback a minimum distance equal to 1.5 times its height from all exterior lot lines and roads. - A minimum setback of 200 feet from a building on the National Register of Historic Places. - A requirement for 6 feet high security fencing, except if there is 24 hour on-site staffing during drilling operations. Emergency responders shall be given a way to access the site. - An exterior sign shall include emergency contact information. - Lighting shall be directed downward and inward to avoid nuisances for neighbors. - Limits on allowed increases in noise levels during various types of activities. The pre-existing noise level is assumed to be 55 db(a) unless a study is provided showing a different pre-existing noise level. (Note 55 is actually relatively high for a quiet rural area away from major roads.) - Compressor stations and processing plants must include methods to minimize noise. (Note - newer ones are sometimes completely enclosed with sound reducing walls). - Drilling is not allowed in the 100 year floodplain, except it may occur in the outer parts of the floodplain if the applicant proves there is no other alternative and that hazardous substances will not be stored in the floodplain. The Wyoming County SALDO addresses some gas industry activities, but does not cover other aspects. The SALDO requires the following: - Gas compressor stations must meet a 750 feet wide setback from an existing school, place of worship, hospital or occupied building. It also must be fenced and be enclosed within a noisereducing structure. - Information must be submitted on new pipelines. - A series of standards were enacted to reduce risks from pipelines. Any new residential, business or institutional building must be setback 100 feet from the right-of-way of a pipeline. This includes gathering lines. Other buildngs must be setback 50 feet. Within 200 feet from the 8

9 right-of-way of a pipeline, there is a consultation zone for new development, which requires the developer to discuss the project with the pipeline operator. If a development will include a substantial density within 500 feet of the right-of-way of a pipeline, then the developer must propose mitigation measures to reduce risks. A SALDO is only allowed to be used to regulate activity that is a subdivision or a land development. The state s definition of a land development is very confusing and unclear in regards to the types of activities that can be regulated, particularly when a new commercial or industrial building is not involved. A couple Wyoming County municipalities (including Factoryville) have adopted their own zoning amendments to address gas development. Washington Township s amendment includes the following: - Gas wells are allowed by special exception in all zoning districts, with a 10 acre minimum lot size, except 20 acres is required in residential districts. A 200 feet setback is required from any perennial or intermittent waterway or any wetland. A 300 feet setback is required from a well to any dwelling or inhabited structure. - Gas compressor stations and gas processing plants are limited to the Agricultural, Highway Commercial and Industrial districts, and need special exception approval. A 300 feet setback is required from a well to any dwelling. The compressor station must be within an enclosed building with sound-proofing. - Industrial wastewater treatment facilities are limited to the Agricultural and Industrial districts, and need special exception approval. A wide buffer and additional setbacks are needed, including 300 feet from an existing dwelling on another lot. - A power generating station is limited to the Industrial district and needs special exception approval, large setbacks and a 60 acre lot size. - Horizontal drilling without any surface disturbance is not regulated by the zoning ordinance. - The applicant must provide an evaluation of the existing conditions of public roads that will be used. - An emergency response plan must be submitted. - Standards are established for access roads, particularly to avoid mud from being carried onto public roads. 9