Chapter 135. Ths Ordinance shall be known and cited as the "Snow Shoe Township Zoning Ordinance."

Transcription

1 SNOW SHOE TOWNSHP ZONTNG ORDNANCE Chapter SHORT TTLE AND PURPOSES Ths Ordnance shall be known and cted as the "Snow Shoe Townshp Zonng Ordnance." The ntent of ths Ordnance s to establsh comprehensve controls for the development and use of land based upon the Snow Shoe Townshp Comprehensve Plan as adopted by the Snow Shoe Townshp Board of Supervsors, and t s enacted n order to promote and protect the safety, health, welfare, comfort, convenence, and the general welfare of the resdents of Snow Shoe Townshp. 102 PTRPOSE Ths Ordnance s desgned and made n accordance wth a Comprehensve Plan, and wth consderaton beng gven to the character of the Townshp, the uses presently n place, and the sutablty of the varous parts of the Townshp for partcular uses and structures. The provsons and regulatons n ths Ordnance are desgned to promote, protect, and facltate the publc health, safety, morals, general welfare, coordnated and practcal communty development, proper densty of populatons, the provson of adequate lght and ar, vehcle parkng and loadng space, transportaton, water, sewage, schools, parks, publc grounds, and other publc requrements. t s also the purpose and desgn ofths Ordnance to prevent the overcrowdng of land, blght, danger, and congeston n travel and transportaton, and mnmze to the greatest extent possble loss of health, lfe, and property from fre, flood, panc, natural dsaster, or other dangers.

2 and ntent of ths Ordnance to mprove the condton of the envronment w th the Townshp by reducng the levels of pollutants n the land, water, and ar of the Townshp. 103 SCOPE From and after the effectve date of ths Ordnance, the use of all land, and every buldng or porton of a buldng erected or altered wth respect to the heght or area thereof, or added to or relocated, and every use wthn a buldng or use accessory thereto n Snow Shoe Townshp shall be n conformty wth the provsons of ths Ordnance. Any exstng buldng or structure, and any exstng use of a buldng or land not n conformty wth the regulatons as heren descrbed shall be regarded as nonconformng. Such buldng or use may be contnued, extended, or changed only subject to the specal regulatons heren provded regardng nonconformng buldngs and uses. 104 C O W JNTY DEVET.OPMENT OBJECTTVES 105 The Board of Supervsors of Snow Shoe Townshp sets forth the followng legslatve fndng wth respect to Land Use, Densty of Populaton, Locaton, and Functon of Roads and Other Townshp Facltes and Utltes, and Other Factors whch the Board beleves relevant n establshng goals or development objectves for the future development of the Townshp. t s the purpose and ntent of ths Ordnance to establsh such goals and objectves, and to provde the means and regulatons whereby these goals and objectves may be attaned. A more complete dscusson of the goals and development objectves of Snow Shoe Townshp may be found n the Comprehensve Plan for Snow Shoe Townshp, as adopted by the Snow Shoe Townshp Board of Supervsors. Ths Ordnance s based upon, and drawn from the Comprehensve Plan. A. To provde for the orderly development of the Townshp based upon the Comprehensve Plan for Snow Shoe Townshp B. To encourage the best use of the land. C. To protect aganst potental nusance uses of the land. D. To protect and mantan the aesthetc and envronmental qualtes of the Townshp, and the qualty of lfe theren. E. To gude the development of the Townshp so as to provde adequate and economcal communty facltes and publc utltes

3 f 4! F. G. H. To provde for a harmonous relatonshp between dfferent land use categores by provdng proper and adequate stes for each use. To provde stable land values. To protect aganst hazards to lfe and property, and to mnmze the danger to the same connected wth certan uses.!. J. To provde sutable stes for resdental purposes, and for adequate publc, cultural, relgous, commercal, ndustral, and open space facltes to serve such areas. To elmnate pollutants from the land, water, and ar of the Townshp. - K. L. To dscourage the clutterng of Publc Roads so as to protect ther vehcle carryng capacty. To protect and preserve the farmlands n the Townshp. M. To protect and preserve and water resources of the Townshp, both above-ground and underground, so that future generatons of Townshp resdents wll be assured of an abundant supply of clean water for domestc, agrcultural, commercal, ndustral, and recreatonal purposes... - N AUTHORTTY To mantan the recreatonal character and qualtes of the Townshp. To protect the Townshps economc balance and to provde for a contnung source of employment and publc revenue. \ The supervsors of Snow Shoe Townshp, under authorty granted to them by Artcles V through X, nclusve, of Act 247 enttled, "the Pennsylvana Muncpaltes Plannng Code," and ts amendments, do hereby ordan that ths Ordnance s to promote the publc health, safety, morals, and general welfare of Townshp Resdents. j 1!

4 ZONNG DSTRCTS. 200 NT OF D2DUCCS For the purpose of mplementng the objectves of ths Ordnance, Snow Shoe Townshp s hereby dvded nto the followng Zonng Dstrcts: "R" "C" "" "F" "H-0" "FP" Resdental Dstrct General Commercal Dstrct ndustral Dstrct Forestlopen Space Dstrct Mne Hazard Overlay Flood Plan Dstrct (Overlay Dstrct) 20 1 A. Ths dstrct s generally ntended for applcaton to rural development areas wth lmted water and sewer facltes. At the present tme, publc sewer facltes are not avalable, and creaton of such facltes s not contemplated for the near future. n some areas, publc water facltes are avalable at the present tme, but extenson of these facltes s not contemplated for the near future. The purpose of these regulatons s to foster a quet, low densty home envronment. To ths end, lot szes are based upon the need to safeguard the health of the ctzens by provdng ample space to allow for the provson of on-lot sewage and water facltes where necessary; to mantan the sern-rural character of the area; and to protect the health and welfare of the communty. ndustral uses are prohbted n ths dstrct. Compatble commercal, publc, and sem-publc uses such as home occupatons, small stores, schools, churches, and recreaton facltes are provded for; and the contnuaton of agrculture s encouraged. n certan nstances, mult-famly or hgher densty resdental development may also be permtted, as a condtonal use. B. Ths dstrct s provded for personal servce and retal busness, as well as general wholesale establshments; busnesses whch as a rule cater to large volumes of people or who can attract customers fom szeable dstances. The regulatons governng ths dstrct are ntended tn gude &?me development so as to dscourage the formaton of commercal "slums''; provde for adequate off-street parkng and loadng; preserve the carryng capacty of exstng roadways; and provde for the safe and effcent movement of people and goods to and fom these areas. t s the ntent of the "C" dstrct to provde ample space for the concentrated development of commercal propertes whle preventng commercal sprawl along the major roadways of the Townshp

5 C. t s the ntent of ths dstrct to establsh areas wthn the Townshp for general ndustral, manufacturng, and/or warehousng purposes. The regulatons governng these zones would substantally prohbt any use whch nterferes wth ths purpose, and affords some protecton to ndustres whch are located theren. Areas set asde for ths purpose have been carefully analyzed to nsure satsfactory access, and to maxmze the use of exstng publc servces, facltes, and utltes. Standards have been set forth to mnmze or elmnate damage and deteroraton to the envronment, ar, water, and land polluton, and mnmze nose, glare, heat, fre, and safety hazards. n addton, regulatons have been ncluded to nsure that adequate buffer plantngs and screenngs are provded between these zones and all other adjonng zones. D. REST/OPF,N SPACE DSTRCT fs dstrct recognzes the value of conservng land as a natural resource, and the problems whch can be created as a result of over-utlzaton or development of certan areas wth unusual or fagle characterstcs. Certan lands wthn the Townshp have unque characterstcs wth regard to matters such as potental sol eroson and water supply contamnaton. Other lands wthn the Townshp present the possblty of preservng the aesthetc values and rural character of the Townshp, and preservng wld areas, wetlands, forests, and other natural envronments benefcal to wldlfe. Wthn ths dstrct, development s ether largely uneconomcal due to the condton of the land, or undesrable due to the fragle nature of the area, or the need to preserve areas n a natural state. t s the ntenton of ths dstrct classfcaton to provde specal regulatons to protect lfe and property, and to mnmze or elmnate economc and personal loss, publc cost. The specfc provsons and regulatons concernng the areas wthn the mne hazard overlay dstrct may be found n that provson of ths ordnance. Both the regulatons of the mne hazard overlay dstrct and the underlyng zonng dstrct must be compled wth. F. OOn PT,AM DSTRlCT (OVERLAY DSTRCT) t s the ntenton ofths ds?rct classfcaton to provde specal regulatons to protect lfe and property, and to mnmze or elmnate economc and personal loss, and publc cost of rescue and cleanup, due to floodng. The specfc provsons and regulatons concernng the areas wthn the Floodplan Dstrct may be found n the Snow Shoe Townshp Floodplan Management Ordnance. Both the regulatons of the Floodplan Management Ordnance and the underlyng Zonng Dstrct must be compled wth. (And, the, Water Qualty Dstrct, f applcable.) 13506

6 202 A. The boundares of each of these dstrcts are hereby establshed as shown on the Offcal Zonng Map, whch s made a part of ths ordnance together wth all hture notatons, references, and amendments. B. The Offcal Zonng Map shall be dentfed by the sgnatures of the Townshp Supervsors, properly attested by the Townshp Secretary, and shal bear the Townshp Seal. C. No change of an nature shall be made to any matter shown on the Offcal Zonng Map, except n conformance wth the procedures set forth n Artcle 10, heren. The fnal authorty as to the current status of Zonng Dstrcts wthm the Townshp shall be the Zonng Map located n the offce of the Townshp Secretary. 203 TON OF BOT R\sDAEES A. ON OF DSTRCT ROT J"l3 The Dstrct boundary lnes, except for the floodplan dstrcts and the water qualty dstrcts, are ntended generally to follow the centerlnes of streets, the centerlnes of ralroad rghts-of-way, exstng lot lnes, the mean water level of streams and other waterways, or muncpal boundary lnes, all as shown on the Offcal Zonng Map. Where a dstrct boundary lne does not follow such a lne, ts poston shall be shown on sad Offcal Zonng Map by a specfc dmenson n feet (and compass bearng or other reference, as necessary) from a road centerlne, or other boundary lne, as ndcated. n the case of uncertanty as to the true locaton of the boundary lne n a partcular dstrct, the Zonng Offcer, ether on hs own or at the request of a concerned party, shall present the matter to the Zonng Hearng Board. The Zonng Hearng Board may collect whatever nformaton t feels necessary, and shall then render a decson wth respect thereto. Provded, however, that no boundary shall be changed by the Zonng Hearng Board. Changes n dstrct boundary lnes shall be made accordng to the procedures n Artcle 10. C. ON OF DSTRCT ROT- Where a dstrct boundary lne dvdes a lot or parcel of land whch was n sngle ownershp as of the date of passage of ths Ordnance, the Zonng Hearng Board may permt, under the rules and procedures heren regardng varances, the extenson of regulatons for ether porton of the lot not to exceed ffty (50) feet beyond the dstrct lne nto the remanng porton of the lot. Requests for extenson of regulatons n excess of ffty (50) feet shall be consdered requests for changes n boundary lnes, and shall be handled n accordance wth the procedures for amendng and changng boundary lnes, set forth n Artcle

7 The delneaton of any boundary of the floodplan dstrcts may be revsed n accordance wth the amendment procedures set forth n the Townshp's Floodplan Management Ordnance or Centre County Ordnance f no Townshp Ordnance or through ssuance of new Flood Hazard Boundary Maps from the Federal Emergency Management Agency

8 DSTRCT REGULATONS The regulatons set forth n h s Artcle for each dstrct shall be mnmum regulatons and shall apply unformly to each class or knd of structure or land, except as herenafter provded: A. No buldng, structure, or land shall hereafter be used or occuped, and no buldng or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except n conformty wth all of the regulatons heren specfed for the dstrct n whch t s located, ncludng any overlyng dstrcts. B. No buldng or other structure shall hereafter be erected or altered: 1,!!! 1 j 1. to exceed heght, bulk, or other dmensons, - j 2. to accommodate or house a greater number of famles, 3. to occupy a greater percentage of lot area, j 4. to have narrower or smaller rear yards, f-ont yards, sde yards, or other open spaces, than heren requred; or n any-other manner contrary to ths Ordnance. C. Note that all permtted uses, accessory uses and structures, and condtonal uses are subject to the requrements of the two Overlyng dstrcts, the FP Floodplan Overlyng Dstrct and the H-0 Mne Hazard Overlyng Dstrct. Any lot whch s located n ether (or both) of the above Overlyng Dstrcts s subject to the regulatons for both the Zonng Dstrct t s proposed for, and the Overlyng Dstrct(s). j - ; 30 1 The regulatons applyng to each dstrct are descrbed n condensed form n the followng sectons. A. Addtonal regulatons pertanng to the uses permtted, accessory uses, and condtonal uses, wth each dstrct are found n Artcle 4, Supplementary Regulatons, and n Artcle 5, Condtonal Uses A Agrcultural Uses and Agrcultural Related Uses, as defned heren, ncludng land cultvaton, greenhouses, nurseres, and rasng lvestock. 2. Forested and wldlfe management uses

9 : t 3. Sem-publc or prvate park and recreatonal areas, ncludng game and wldlfe huntng and gunclubs, camps, and campng grounds, horserdng stables and academes and wnter sports areas. 4. Summer cottages huntng and fshng cabns. _. 5. Sngle famly detached dwellngs. 6. Publc or prvate conservaton of open space, water, sol and wldlfe resources. 7. Churches and other places of worshp, parsh houses and convents. 8. Moble homes. 9. Group homes. 10. Home occupatons customarly ncdental and subordnate to the prmary use or uses permtted. 1. Mnng and quarryng (subject to the provsons of the Mne Hazard Overlay Dstrct). 2. Race Tracks. 1. Mnmum lot area per prncpal use: 1 acre. 2. Mnmum lot wdth: 150 feet. 3. All lots must meet the requrements of Act 537, the Pennsylvana Sewage Facltes Act, the Snow Shoe Townshp Sewage Ordnance and other applcable state, federal or local act, provson, law or ordnance. 4. Maxmum buldnglstructure coverage s 30%. D. YA-Q- 1. Front yard: 25 feet from edge of road rght of way. 2. Sde yards: 15 feet

10 3. Rear yard: 25 feet. E. FOREST - MAXMJJM "T feet. 2. Agrcultural structures lmted to 40 feet wth the exceptons of slos wth shall not exceed 90 feet n heght. 303 "R" RESU)F,N- A. J Agrcultural Uses and Agrcultural Related Uses, as defned heren, ncludng land cultvaton, greenhouses, nurseres, and rasng lvestock. One-famly detached dwellngs. Converson apartments/duplexes. Bed and Breakfast nn. Cemeteres. Day care/nurseres. Personal servce, convenence, and retal busness establshments. Varety and gft stores. Churches and places of worshp and funeral homes. Professonal offces and clncs. Muncpal Government buldngs. Temporary uses and structures. 1 B. DENTZAT, - PERMTTED ACCESSORY 1 JSES AND ST- 1. Home occupatons. 2. Prvate garages and carports. 3. Prvate swmmng pools

11 4. Accessory buldngs and uses customarly assocated wth and ncdental to permtted uses. C. TTAT, - CONDTTONAL T JSB! 1. Mult-famly housng developments. 2. Publc or sem-publc outdoor recreatonal facltes andor servces. 3. Mult-famly dwellngs. 4. Moble home parks. 5. Nursng homes. 6. Moble homes for farm-related uses. 7. Roadsde stands. 8. Anmal hosptals or kennels and veternary clncs. 9. Gran storage facltes, ncludng elevators. 10. Ponds. 11. Publc/prvate schools. 12. Motels and transent lodgng facltes. 13. Farm related sales and servce shops. 14. Clubs, lodges, and socal halls. 15. Mneral extracton. 16. Arports Mnmum lot area per prncpal use: 1 acre, except as set forth below. The Mnmum Lot Area per Prncpal Use or Dwellng Unt s 1 acre,(43,560 sq. ft.), except as follows: 13512

12 Where both publc or off-ste water and publc or off-ste sewage systems are avalable or proposed the mnmum lot sze shall be one half of one acre (21,780 sq. ft.). 3. Mnmum Lot Wdth per Prncpal Use or Dwellng Unt s 150 feet, except where off-ste water andor sewer servce s avalable, then the mnmum lot wdth s 100 feet. 4. All lots must meet the requrements of Act 537, the Pa. Sewage Facltes Act, the Snow Shoe Townshp Sewage Ordnance, and any other applcable state, federal, or local act, provson, law, or ordnance. 5. Maxmum buldng/structure coverage s 30 percent. 1. Front yard: 50 feet from the edge of the road rght of way. 2. Sde yards: 15 feet. 3. Rear yard: 25 feet. F. T REQT TTREMENTS 1. Prncpal structures: 40 feet. 2. Accessory structures: () Non-agrcultural structures: 20 feet., () Agrcultural structures: 40; except slos whch shall not exceed 90 feet n heght, A. AND STRTJCTTRES 1. Personal servce, convenence, and retal busness establshments. 2. Professonal offces, andor clncs ncludng branch banks. 3. Theatres, bowlng alleys, and smlar ndoor recreatonal uses. 4. Automotve and motorzed vehcle sales, servce statons, and repar shops ncludng truck, traler, or farm equpment sales establshments

13 5. Automotve Sales Facltes (New and used vehcle sales). 6. Barber and Beauty shops Varety, gft, and antque shops. Agrcultural Uses and Agrcultural Related Uses, ncludng land cultvaton. Churches and places of worshp and Funeral Homes. 10. Muncpal Government buldngs. 11. Non-Muncpal Government buldngs. 12. Rado and televson statons or studos. 13. Publc and prvate hosptals. 14. Golf courses and drvng ranges. 15. All uses permtted n the Resdental Dstrct or resdental uses only when accessory to the proper functonng of a permtted use B. D ACCESSORY 1 JSES STRUCTURFA 1. Prvate garages. 2. Storage facltes for products sold n a permtted use (Le. nventory storage), also storage for equpment necessary or accessory to a permtted use (Le. gradng and smlar types of equpment used by a contractor). 3. Loadng and unloadng facltes connected wth a permtted use. 4. Off-street parkng spaces. 5. Resdental uses only when accessory to the proper functonng of a permtted use. 6. Temporary uses and structures. 7. Admnstratve Offces for any busness or other permtted use located n the dstrct. 1. Planned retal development

14 Truck termnals or freght statons. Motels, hotels, and transent lodgng facltes. Roadsde stands. Farm related sales and servce shops. Small scale/lght manufacturng operatons. Restaurants. Clubs, lodges, and socal halls. Nursng and convalescent homes. ndustral, manufacturng and warehousng uses. Adult entertanment facltes. Publc or sem-publc outdoor recreatonal facltes andor servces, muncpal parks and playgrounds. Essental Servces. D. T, - MNMUM LOT 1. Mnmum lot area per prncpal structure or use: 22,000 square feet. (Note that when a planned retal shoppng development s proposed, no specfc mnmum lot and yard requrements shall apply, but the lot and yard requrements shall be governed by the type, number, and locaton of the commercal establshments.) 2. Mnmum lot wdth: 150 feet. 3. Every lot n ths Dstrct shall be of suffcent sze to adequately provde for the necessary parhng structure(s), parkng & loadng areas, setbacks, and other requred servce or open space areas. 4. All lots must meet the requrements of Act 537, the Pa. Sewage Facltes Act, the Snow Shoe Townshp Sewage Ordnance, and any other applcable state, federal, or local act, provson, law, or ordnance. 5. A stormwater management plan must be developed and mplemented for each lot. 6. Maxmum buldng/structure coverage s 75 percent

15 1. Front yard: () () () Structures stuated along Townshp roads: 50 feet from the centerlne of the road. Structures stuated along State-owned roads: 25 feet from the edge of the roadway rght-of-way. Parkng areas: 10 feet from the edge of the roadway rght-of-way, whether Townshp or State road Sde yards: 10 feet each. (There shall be no sde yard requrements where freproof party walls are used n mult-use facltes.) 3. Rear yard: 30 feet. F. TREOT-! 1. Prncpal structures: 35 feet. 2. Accessory structures: 20 feet. 1. Manufacturng, wholesale, or dstrbutng uses not prohbted heren or by other laws. 2. Servce uses as approprate to ndustral uses, such as admnstratve offces. 3. Agrcultural uses and Agrcultural Related Uses, as defned heren, ncludng land cultvaton, nurseres, greenhouses, and rasng lvestock. 4. Machne shops. 5. Assembly plants. 6. Warehousng facltes or operatons. 7. Offces and offce complexes. 8. Admnstratve offces

16 Muncpal Government buldngs. Non-Muncpal Government buldngs. Publc and prvate hosptals. All wreck, junk and scrap establshments. Freght and truckng termnals. The manufactured, processng or bulk storage of natural gas, petroleum, gasolne, and other petroleum dervatves and explosves. Movng and storage, parcel delvery and express transfer statons. Publc and prvate garages for the storage and mantenance of motor vehcles. Publc utlty facltes. Refractores. Fuel ol and gasolne tanks. Muncpal sold waste transfer statons and recyclng statons. ncnerators. Wholesale dstrbuton warehouses. All permtted uses of the forest dstrct. 1 f - J Arports and landng strps. 25. Gulf courses and drvng ranges. 26. Racetracks. 27. No use shall be permtted whch may be njurous or noxous by reason of odor, dust smoke, gas, llumnaton or nose, or that may be otherwse hazardous to publc health or safety. 28. Mnng. 29. Uses permtted n the Resdental Dstrct

17 B. ET> messqby TJSES ANT STRUCTTJRFS 1. Loadng and unloadng docks. 2. Warehousng or storage facltes ncdental to permtted uses. 3. Parkng lots and/or facltes. 4. Accessory buldngs or structures customarly ncdental to permtted uses, ncludng buldngs for caretakers or securty personnel. 5. Temporary uses and structures. C. 1. Santary landflls (subject to the Mne Hazard Overlay Dstrct provsons). 2. Mnng and quarryng (subject to the Mne Hazard Overlay Dstrct provsons). 1. Mnmum lot area per prncpal structure or use: The mnmum lot sze shall be determned on the bass of the mnmum wdth, maxmum coverage, yard setback, parkng, and other requrements contaned n ths ordnance. 2. Mnmum lot wdth: 200 feet. 3. Maxmum coverage: total buldngs, structures and mpervous surfaces shall not exceed 75 percent of total lot area. 4. All lots must meet the requrements of Act 537, the Pa. Sewage Facltes Act, the Snow Shoe Townshp Sewage Ordnance, and any other applcable state, federal, or local act, provson, law, or ordnance. 5. Every lot n ths Dstrct shall be of suffcent sze to adequately provde for the necessary parkng structure(s), parkng & loadng areas, setbacks, and other requred servce or open space areas. 6. A stomwater management plan must be developed and mplemented for each permt applcaton. 7. A sol eroson and sedmentaton plan must be prepared for each permt applcaton, and fled wth the Centre County Conservaton Dstrct

18 1. Front yard: () () Structures: 50 feet from road rght-of-way. Parkng areas: 10 feet from the edge of the road rght-of-way Sde yards: 25 feet when abuttng another lot n the dstnct. Otherwse, 100 feet. Rear yard: same as sde yards. F. EO1 1. Permtted structures: 40 feet. 2. Accessory structures: 35 feet. The provsons of the wthn secton are n addton to any other provson contaned wthn the underlyng zonng dstrct, or any other applcable secton of ths ordnance or law whether state, federal or local. ard Overlav : - n.. 1. As to mnng operatons entre forest and ndustral dstrcts. 1 _- J 2. As to santary landflls the ndustral dstrct only. A. Wthn the approprate dstrct, mnng and santary landflls shall be permtted as condtonal uses only as follows: New santary landflls and expansons of exstng santary landflls, desgned and permtted n accordance wth the rules and regulatons promulgated under Act 97, the Pennsylvana Sold Waste Management Act of 1980, shall be permtted as a condtonal use subject to applcable provsons of Artcle V of Ths Ordnance and the followng performance standards : 1. The actual landfll area shall comply wth the followng mnmum setback requrements: a. One hundred feet (1 00') from any property lne. b. Three hundred feet (300') from any occuped buldng or structure, or any 13519

19 ~. prvate water supply. c Mle (1,320 feet) f-om any publc or prvate water supply. 2. Screenng, as defned heren, shall be provded by the Owner along all of the property and street boundary lnes separatng and landfll from adjacent uses. f the proposed screenng s to be n the form of vegetaton, the followng standards shall apply. a. A mnmum of three (3) rows of trees, shrubs, or other vegetaton shall be planted to produce the desred vsual barrcade. b. At least two (2) dfferent speces of trees, shrubs, or other vegetaton shall be utlzed. Selected speces shall exhbt dfferent tolerances to nsect and dsease. c. Speces selected must be capable of producng the desred vsual barrcade wthn two (2) years of plantng. d. Prompt replacement of any dead speces shall be requred.. J 3. The followng securty measures shall be provded: a. Adequate fencng shall be provded at any pont where vehcular access nto the landfll may be possble. b. All access ponts nto the landfll shall be provded wth gates that can be locked to prevent unauthorzed vehcle entry durng tmes of non-operaton. c. Adequate securty lghtng shall be provded only at ponts of vehcular access, such as the front gate, scale house, other areas of publc entry. 4. The landfll shall have an adequate number of employees to operate n accordance wth Secton 26, Chapter 75 of the State Sold Waste Management Rules and Regulatons. 5. The landfll shall have posted, n a conspcuous locaton, the days and hours of operaton. 6. A washdown faclty shall be provded to clean off refuse vehcles pror to ther entry onto the publc road. However, all mud or debrs shall be kept off the publc road and adjonng lands. 7. An operatons plan shall be provded for all landfll operatons whch shall nclude the followng: 13520

20 a. Procedures to be followed for complance wth Secton 26, Chapter 75 of the Sold Waste Management Rules and Regulatons regardng operaton standards for santary landflls. b. A schedule of operaton hours provded that no operaton commences pror to 6:OO A.M. or after 7:OO P.M. Prevalng Tme. c. Procedure for the removal of any mud or debrs on any publc road from the ngress or egress of landfll traffc. 8. A ste plan of the entre property, clearly and legbly drawn at a scale of 1 " = 100' or less shall be provded and nclude the followng tems: a. North mow, scale and date. b. Topographc contour lnes. c. All property h es ncludng a metes and bounds descrpton and the sze of the property expressed n acres or square feet. d. The locaton of all exstng buldng, structures, streets and streams wthn ffty feet (50') of the proposed landfll. 1 e. The locaton of the proposed landfll on the property, and the stagng of actvtes.., f. The locaton of proposed buldng, structures, storage areas, access roads and washdown faclty assocated wth the proposed landfll operaton. g. The locaton of securty fences, gates, lghts and sgns. h. The locaton and descrpton of requred screenng. 1. The locaton and descrpton of any eroson and sedmentaton control measures. 9. A vcnty plan drawn at sutable scale shall be provded ndcatng the followng: a. The locaton of the proposed landfll wth respect to all other land uses wthn one (1) mle at the proposed landfll. b. The locaton of all exstng prvate and/or publc wells wthn one (1) mle of the proposed landfll. c. The traffc routes that wll be the prmary ngress and egress routes

21 .. B. Svrface: All new surface mnng operatons and expansons of exstng surface mnng operatons shall be permtted as a condtonal use subject to the Commonwealth of Pennsylvana, Department of Envronmental Resources, Bureau of Surface Mne Reclamaton Regulatons and are subject to the applcable provsons of Artcle V of Ths Ordnance as well as the followng perform-anc e standards : Surface mnng operatons shall nclude sandpts, gravelpts, peat bogs, removal of topsol or rock, or the removal of any natural resource or mneral from the land or ground. An ndvdual, corporate or otherwse, engaged n, or proposng to engage n, surface mnng operaton as defned heren, shall be properly lcensed by the Pennsylvana Department of Envronmental Resources to engage n such operatons. Surface mnng operatons shall comply wth the followng mnmum setback requrements: a. One hundred feet (1 00') fom any property lne, publc road, cemetery or stream bank. b. Three hundred feet (300') from any occuped buldng or structure, park, or communty nsttutonal buldng, or prvate or publc water supply Producton, processng, excavaton, extracton, sedmentaton ponds, and stockplng shall not be conducted closer than one hundred feet (1 00') to any property lne or publc road. Screenng, as defned heren, shall be provded by the Owner along all of the property and street boundary lnes separatng the operaton fom adjacent uses. f the proposed screenng s to be n the form of vegetaton, the followng standards shall apply: a. A mnmum of three (3) rows of trees, shrubs, or other vegetaton shall be planted to produce the desred vsual barrcade. b. At least two (2) dfferent speces of trees, shrubs or other vegetaton shall be utlzed. Selected speces shall exhbt dfferent tolerances to nsect and dsease. c. Speces selected must be capable of producng the desred vsual barrer wthn two (2) years of plantng. 6. The followng securty measures shall be provded: a. Pror to the commencement of surface mnng operatons, a physcal barrcade shall be constructed enclosng the area actvely beng excavated n accordance wth the followng standards: Fencng shall be at least sx (6) feet hgh and constructed of wre mesh fabrc and barbed wre across the top

22 b. All access openngs shall be provded wth gates that can be locked to prevent unauthorzed vehcle entry durng perods of non-operatons. c. Warnng sgns statng the nature of the operaton shall be conspcuously posted around the permeter of the operaton. 7. A ste plan of the entre property, clearly and legbly drawn at a scale of 1'' = 100' or less shall be provded and nclude the followng tems: a. North mow, scale, and date. b. Topographc contour lnes. c. d. e. f. g. h. 1. All property lnes ncludng a metes and bounds descrpton and the sze of the property expressed n acres or square feet. The locaton of all exstng buldngs, structures, cemeteres, streets, wells, and streams wthn fve hundred feet (500') of the property proposed for surface mnng operaton. The locaton of the proposed surface mnng operaton and the stagng of operatons f applcable. The locaton of proposed stock ples, sedmentaton ponds, access roads and buldngs assocated wth the proposed operaton. The locaton of securty fences, gates and sgns. The locaton and descrpton of requred screenng. The locaton and descrpton of all eroson and sedmentaton control measures. 8. A traffc crculaton plan drawn at a sutable scale shall be provded ndcatng the followng: a. The locaton of the proposed operaton wth respect to major traffc arteres. b. The proposed vehcular routng both to and fom the proposed operaton. 9. An operaton plan shall be provded for all surface mnng operatons and shall nclude the followng: a. Procedures to be followed for complance wth Secton 102, Chapter 77 or the Department of Envronmental Resources Rules and Regulatons

23 b. A schedule of operatonal hours provded that: 1.) No surface mnng operatons commence pror to 6:OO A.M. or after 7:OO P.M. Prevalng Tme; and 2.) All requred blastng shall be confned to the hours between 8:OO A.M. and 5:OO P.M. Prevalng Tme. C. d. Procedures for the removal of mud or debrs on any publc road resultng fom the ngress or egress of vehcular traffc f-om the operaton. Sad mud or debrs shall be removed at the end of each worlung day, or more fequently f needed durng the workng day. Procedures for dust control shall nclude the followng: 1.) Access roads shall be mantaned wth a dustless surface from the connectng publc roadway to a pont wthn one hundred feet (1 00') of any loadng area. 2.) Stockplng of any materal shall be n such a manner as to prevent dust from blowng onto adjacent propertes. e. f. Procedures for controllng eroson and sedmentaton resultng f-om the proposed operaton as requred by the Department of Envronmental Resources and consstent wth eroson and sedmentaton control measures ncluded n Ths Ordnance. Procedures for the ultmate closng and reclamaton of the proposed operaton as requred by the Department of Envronmental Resources. C. n addton to the specfc crtera for the grant of a condtonal use n ths dstrct, the Governng body shall revew the applcaton to assure that the followng crtera are met, and shall ssue no condtonal use permt where t s found that the followng crtera are not met: &.mp&h&. That the proposed use wll not detrmentally affect surroundng land uses and property values. 2. Envronmental. That the proposed use wll not detrmentally affect exstng e~vr~nmental condton regardng ar, land and water; nose; wldlfe; subsurface support; dust; llumnaton and glare; and other envronmental matters. 3. SuhbdQ. That the proposed purpose, scale and ntensty of use s sutable as t relates to That the ngress and egress to the ste s properly provded for and sutable to the ntensty of use

24 Traffc. That the traffc generated from the proposed use wll not be of a scale or ntensty as to negatvely affect the character and enjoyment and safety of surroundng resdental uses... S. That the proposed use s served by adequate utlty servces ncludng water, sewer, trash, garbage collecton and dsposal and ablty to mantan such servces on ste or off-ste as necessary and proper. W. That the proposed use, by ts scale, wll not alter the character of the Townshp as a rural resdental area wth amentes for huntng and fshng and enjoyment of rural lfe. The Townshp shall have the rght to requre any engneerng studes t deems to be approprate for the constructon whch s proposed. n no case shall any ndoor recreaton or educatonal use be located wthn a Mne Hazard Area. 1. Generally the same as n the underlyng dstrct. 2. Undeveloped recreatonal uses such as hkng and skng trals, fshng and recreatonal boatng, and huntng. 3. Temporary uses. 4. Land cultvaton for agrcultural use. 5. No development or temporary use or structure shall be permtted n ths Dstrct whch shall cause any rse n the elevaton of the 100 year flood. All development wthn ths Dstrct must comply wth the regulatons of the Snow Shoe Townshp Floodplan Management Ordnance, and all other applcable state, federal and local regulatons SUPPLEMENTARY LOT REGULATONS The requrements set forth n ths artcle shall be n addton to any other requrements set forth n ths Ordnance, and shall apply generally to all lots and uses. Where a requrement of ths Artcle conflcts wth the requrements of another Artcle heren, or another Townshp or County 13525

25 ! 1-1 Ordnance, the more strngent shall apply. 401 LOTREQTJlNBENE A. B. C. No yard or lot exstng at the tme of passage of ths Ordnance shall be reduced n dmenson or area below the mnmum requrements set forth heren. Yards or lots created after the effectve date of ths Ordnance shall meet at least the mnmum requrements establshed by ths Ordnance. Every buldng herenafter erected shall be located on a lot as defned heren. There shall not be more than one prncpal resdental buldng and ts accessory structures per lot, except mult-famly apartment structures and moble home parks. No buldng shall hereafter be erected unless there s drect access to the structure through an open space on the same lot or a rght of way at least twenty (20) feet wde, extendng from the buldng to a publc street.! D. The mnmum lot wdth of any lot shall be measured along the mnmum buldng setback lne as requred for that dstrct. Lots located on cul-de-sac turn arounds or curves n the road may have lot wdths of less than those requred provded that the average of the front and back lot lne lengths s equal to or greater than the requred setback wdth..- 1 E. Any porton of a lot ncluded n a street rght of way shall not be ncluded n calculaton lot area hereunder.!! j! J J F. All proposed roads and streets must comply wth the provsons contaned n the "Snow Shoe Townshp Road and Street Standards" Ordnance. 402 YARDREOTREMENTS.. A. roec- 1. Cornces, eaves, gutters, steps, or chunneys may project nto any requred yard but not more than twenty-four (24) nches nto the requred yard. 2. Covered porches shall be consdered part of the man buldng and shall not project nto any requred yard. 3. Uncovered patos, drveways, walks, parkng areas, stars, and other smlar structures may project nto requred yards provdng that they are no hgher than twelve (12) nches above yard grade. B. EmLYa& 1. Front yard setbacks shall be measured fom the edge of the rght of way of the 13526

26 adjonng street or road unless the edge of the rght of way cannot be determned, n whch case the setbacks shall be measured from the center lne of the roadway wth 16 1/2 feet added to the front yard setback requred for the dstrct. 2. Accessory buldngs may not be located n any requred f-ont yard. 3. When an unmproved lot s stuated between two mproved lots, and when each of the mproved lots has a prncpal structure whch extends nto the requred front yard, the font yard of such unmproved lot may be the same depth as the average of the two adjacent mproved lots. C. 1. On a comer lot, the sde yard abuttng the street shall have a wdth equal to the depth of the font yard requred n the Dstrct. 2. An accessory buldng cannot be constructed on any porton of the requred sde yard. D. 1. An accessory buldng may be constructed wthn the requred rear yard provded that t s at least ten (10) feet from a rear property lne. 403 A. Necessary appurtenant structures, such as penthouses or roof structures for the housng of elevators, starways, tanks, ventlatng equpment, or smlar equpment requred to operate and mantan the buldng, frewalls, skylghts, towers, steeples, flagpoles, parapets, chmneys, wreless masts, or smlar structures may be erected above the heght lmts specfed n Artcle 3; but no penthouse or roof structure or any space above the heght lmt shall be allowed for the purpose of provdng addtonal floor space for resdental use. n addton, water tanks, solar panels, solar collectors and related equpment, utlty poles, wndmlls, or towers may be permtted above the desgnated heght lmts. B. Specal agrcultural or ndustral structures such as barns, slos, gran elevators, gas holders, or other smlar structures where the functon or process requres a greater heght, may be erected above the heght lmts specfed n Artcle 3. C. Any other prncpal buldng may exceed the heght lmts specfed, provded that n each case the buldng s set back at groundlevel (or requred fkont, sde, and rear yards are ncreased), one foot for each foot of extra heght

27 Unless otherwse provded heren, when two or more uses occupy the same buldng, suffcent parkng spaces, yard wdths, lot areas, open space, etc. shall be provded so that the standards heren pertanng to each wll be met n full. B. 1 No fence or wall (except a retanng wall or a wall of a structure permtted by ths Ordnance) over eght (8) feet n heght shall be erected wthn any of the yards requred by ths Ordnance. No fence or wall shall be erected whch may cause danger to traffc on a street or publc road by obscurng the vew, or whch does not comply wth Secton 404C. (below). - C... to Vsm at Street r&w&mx On a comer lot, no man-made obstructon hgher than th.uty (30) nches or lower than eght (8) feet above grade shall be permtted wthm the clear sght trangle. A clear sght trangle shall equal that area of unobstructed vson at street ntersectons formed by lnes of ste between ponts seventy-fve (75) feet from the ntersecton of the street centerlnes. D. All outdoor flood lghtng and spot lghtng shall be nstalled and shelded n such a manner so as not to cause glare on adjacent or other prvate propertes or upon publc streets. The provsons of ths Secton shall not apply to lghtng or any sort nstalled by the muncpalty. E. d W dhdlbds When determnng lot or yard szes or dmensons, the followng mnmum rghts of way shall apply: 1. All roads wth a rght of way less than ffty (50) feet shall be consdered to be a mnmum wdth of thrty-three (33) feet. However, all new roads offered for dedcaton to the Townshp shall be a mnmum of ffty (50) feet or greater presumed to the Centre County Subdvson Ordnance. F. of Topsoll No person, frm, or corporaton shall strp, excavate, or otherwse remove topsol, shale, or gravel for sale or use other than on the premses from whch the same shall be taken, except n connecton wth the constructon or alteraton of a buldng on such premses, and excavaton and gradng ncdent thereto, or as permtted by a Mneral Extracton Condtonal Use Permt. Gravel andor shale pts exstng and operatng at the tme of 13528

28 G. adopton of ths Ordnance may be contnued as nonconformng uses. Should the nonconformng use be abandoned as defned heren, a Mneral Extracton Condtonal Use Permt would have to be obtaned before the pt or ste mght be reopened.... Sewawd Water Ea&ss Adequate sewage and water facltes must be provded by the developer. Dsposal shall be by on-ste (or sutable off-ste) dsposal system, approved by the Townshp's Engneer and the Department of Envronmental Resources. Bonds or other fnancal arrangements to nsure proper mantenance and operaton of the sewage system may be requred by the Board of Supervsors before ssuance of ether a condtonal use permt or a zonng permt. n addton, the constructon and mantenance of test wells, or other means of testng the effluent leavng the ste, may be requred as a condton of ssuance of ether permt. n all cases under ths Ordmance, the reservaton of an area on-ste, large enough and sutably stuated, to permt constructon of an on-ste sewage system capable of treatng the effluent created by the proposed use may be requred as a condton of plan approval. Ths condton may be appled to any applcaton, ether for a Zonng Permt or for a Condtonal Use Permt, regardless of the nature of the proposed system and ts locaton (ether on-ste or o ff-st e)., 1 - The ste need only be reserved at the tme of plan submsson and constructon. Other uses, compatble wth n-ground sewage dsposal (Le. recreatonal areas such as parks and ballfelds, and agrcultural uses) may be located on the same ste. Water must be obtaned from wells located on-ste, unless arrangements are made by the. developer to obtan water fom a wall on adjacent land, or fom some other source. n the vent water s to be obtaned fom some source not on-ste, the plans for obtanng sad water shall be submtted for revew to the Townshp's Engneer to nsure that the source wll be adequate for the projected use, and to the Townshp's Solctor, to nsure that the necessary nstruments are properly drawn to nsure a contnung supply. n a Water Qualty Dstrct, drawng water fom a source off-ste requres a condtonal use permt, except when specfcally permtted hereunder. When such a water source s proposed, the water source condtonal use applcaton and hearng may be combned wth the applcaton and hearng for the overall plan H. Ell When materal s beng brought n to a ste as fll for constructon, gradng, or landscapng purposes, the followng lmtatons shall apply: 1. No decayng anmal or vegetable matter, paper waste, trash, refuse, garbage, scrap metal or lumber, stumps, roots, large branches, dead leaves, ameste and other 13529

29 smlar road materals, ash, or trees may be used as fll. 2. Fll shall consst of clean rock, stone, crushed stone, gravel, earth, and the llke. Already decayed vegetable matter, such as mulch or peat, may be used, ether as fll or to enrch the topsol. All sold waste generated by any use n the Townshp must be removed to an approved landfll or other approved faclty. Falure to have sold waste removed to an approved landfll, as evdenced by the fndng of dentfable waste at any other locaton, shall be consdered a prma face volaton of ths Ordnance. t shall be the responsblty of the landowner to ascertan that the waste s beng removed to an approved landfll or smlar faclty. Both the Landowner and the company or ndvdual dong the haulng or removng may be held lable for volatons hereunder. t shall not be a defense to a charge of volatng ths Ordnance that the landowner thought, or was assured, that the waste was gong to an approved landfll or smlar faclty.!. -, Muncpal or resdual waste that s generated n the dagnoss, treatment, mmunzaton or autopsy of human bengs or anmals, n research pertanng thereto, n the preparaton of human or anmal remans for nterment or crematon, or n the producton or testng of bologcals, and whch falls under one or more of the followng categores: cultures and stocks, pathologcal wastes, human blood and body flud waste, anmal wastes, solaton wastes, and used sharps; shall be subject to the Pennsylvana Department of Envronmental Resources Regulatons related to nfectous and Chemotherapeutc Waste and proof of complance shall be made by the applcant of the Townshp Any use not expressly permtted n any Dstrct shall be prohbted. f an ndvdual desres to undertake and actvty not expressly permtted, he may request the Townshp Supervsors to consder amendng the Ordnance to permt such a use. See Artcle 10 for amendment procedures. t 406.! All dwe!hg -untsj ncludng seasonal structures, sngle famly, two famly, and multple famly unts shall adhere to the requrements set forth below. n addton to the other requrements hereunder, and all other applcable Townshp and County rules, regulatons, and all other applcable Townshp and County rules, regulatons, and Ordnances, such plans and proposals shall meet the requrements set forth below. Where there s a conflct between the provsons of two or more applcable Townshp Ordnances, the more strngent requrement shall apply. A. Every dwellng shall be placed upon, and frmly anchored to a permanent 13530

30 foundaton. A permanent foundaton shall consst of no less than footers or masonry constructon set well below the frost lne. Such foundaton shall be so constructed as to leave no open spaces between the buldng and the foundaton, except for wndows or other openngs as mght be necessary for floodproofng. B. Every dwellng unt whch s to be located n a floodplan dstrct shall comply wth all applcable dstrct regulatons n Artcle 3, and elsewhere n tlm Ordnance, and wth the Snow Shoe Townshp Floodplan Management Ordnance, and wth all other applcable state, federal, and local regulatons. 407 n addton to the other requrements hereunder, and all other applcable Townshp and County rules, regulatons, and Ordnances, such plans and proposals shall meet the requrements set forth below. Where there s a conflct between the provsons of two or more applcable Townshp Ordnances, the more strngent requrement shall apply. A. Converson shall be lmted to two dwellng unts per structure (see defnton). B. The lot area per dwellng unt shall not be less than one half of the lot area requred for a sngle-famly detached home n the dstrct n whch such converson s proposed. C. On-ste or sutable off-ste sewage treatment shall be provded whch s capable of treatng the sewage effluent from the two dwellng unts created. A sewage permt confrmng that such a system(s) can and wll be nstalled shall be presented to the Zonng Offcer as a part of the Zonng Permt Applcaton. D. The yard, heght, and other applcable requrements for the dstrct n whch the converson s located shall be strctly adhered to. E. All other applcable provsons of ths Ordnance shall apply. 408 W n addton to the requrements heren, all seasonal dwellngs shall conform to all applcable Townshp and County rules, regulatons, and ordnances. Where there s a conflct between the provsons of two or more applcable Townshp Ordnances, the more strngent requrement shall apply... A. Defllltlon. Seasonal Dwellngs shall be defned as permanent structures or moble homes ntended to be utlzed only perodcally durng the year. Such use may nclude occupancy durng huntng and fshng seasons, vacaton uses, weekend uses, and other smlar perod vsts. Such use may not nclude occupancy for more than nnety (90) consecutve days, 13531

31 B. C. or a total of more than one-hundred eghty (1 SO) days n each year The owner(s) of such seasonal dwellngs shall be solely responsble for year-round mantenance of ther structure(s) and all surroundng lands. When necessary, ths mantenance shall nclude grass cuttng. Further, these land owners shall be responsble for all actvtes occurrng on ther property. v. followng requrements: The constructon of seasonal dwellngs shall meet the Seasonal dwellngs shall not be converted to permanent dwellng unts, or occuped as permanent dwellng unts, (.e. n excess of nnety (90) consecutve days), unless the same shall conform to all applcable Townshp and County Codes and Ordnances, ncludng the provsons of ths Ordnance. No buses, trucks, or smlar vehcles or sheds, garages, or smlar structures are permtted as seasonal dwellng structures. No more than one seasonal dwellng unt shall be erected on an ndvdual lot. Mnmum lot szes shall be n accordance wth those set forth n Artcle 3. Seasonal home developments shall conform to the requrements of k s Ordnance, all other applcable Townshp Ordnances, and all applcable County and State requrements. All seasonal dwellng unts shall conform to the requrements of secton 406 of ths Artcle. 409 A. A home occupaton s a use conducted entrely wkn a dwellng or accessory buldng(s), whch use s clearly ncdental and secondary to the prncpal resdental use. To qualfy under the above defnton, the followng crtera must be met: 1. External alteratons or structural changes shall be permtted to the extent the square footage of the home occupaton area does not exceed the square footage of the. prmary resdence perod (farm buldngs may exceed ths square footage restrcton); 2. The occupaton must not produce offensve nose, vbratons, heat, dust, or other objectonable condtons; Not more than three non-occupants are employed; Two addtonal off-street parkng spaces are provded; 13532