Dingman Township
                           Pike County, PA        

 


 
                       

Zoning Ordinance

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.


Article IV - Supplemental Regulations

 

Table of Contents

Article I - General Provisions

Article II - Definitions

Article III - District Regulations

Article IV - Supplemental Regulations

Section 401 - Home Occupations

Section 402 - Accessory Uses and Structures

Section 403 - Special Lot Provisions

Section 404 - Conditional Uses and Special Exceptions

Section 405 - Cluster Development

Section 406 - Manufactured Housing Parks

Section 407 - Manufactured Housing Used as Single Family Dwellings

Section 408 - Junk Yards

Section 409 - Commercial and Manufacturing Performance Standards

Section 410 - Non-Conforming Uses and Structures

Section 411 - Commercial Development in Recreational Vehicle Areas

Section 412 -Keeping of Animals

Section 413 - Large Hotel, Motels, Inns and Resorts

Section 414 - Natural Resource Uses

Section 415 - Multi-family Dwellings

Section 416 - Bus Shelters

Section 417 - Shopping Centers and Malls

Section 418 - Environmental Impact Statements

Section 419 - Traffic Study

Section 420 - Flea Markets and Garage Sales

Section 421 - Model Homes

Section 422 - Public and Commercial Boating Access Areas and Boat Liveries

Section 423 - Commercial Uses in the CP - Conservation and Parks District

Section 424 - Bed and Breakfast Establishments

Section 425 - Prohibited Uses

Section 426 - Residential Subdivision Facilities and Amenities

Section 427 - Timber Harvesting

Section 428 - Communications Tower and Antennas

Section 429 - Public Parks and Playgrounds

Section 430 - Inns

Section 431 - Self-storage Facilities

Section 432 - Adult Oriented Businesses

Section 433 - Body Piercing, Tattoo, and Fortune Telling Businesses

Section 434 - Low Impact Retail and Service Establishments

Section 435 - Mixed-Use Projects

Section 436 - Day Care Use

Section 437 - Recreational Vehicles, Recreational Vehicle Parks and Campgrounds

Section 438 - Zoning Permits for Transient Use of Residential Property for Remuneration

Section 439 - Camp Use

Article V - Signs

Article VI - Off-Street Parking, Loading and Unloading Requirements

Article VII - Administration

Article VIII - Enactment

Zoning Map


Zoning Ordinance

Article IV - Supplemental Regulations

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

 

ARTICLE IV  -  SUPPLEMENTAL REGULATIONS

Section 401 - Home Occupations

401.1 Home occupations shall be permitted as indicated in Section 305 provided such occupation is clearly incidental or secondary to the use of the property as a residence and does not change the character of or have an exterior effect on the dwelling. 

a.      In the R-1 District the minimum lot size shall be two (2) acres and the minimum set back of any home occupation activity to adjoining properties or streets, alleys, roads, etc. shall be forty (40) feet.

b.     In all other Districts where home occupations are permitted the minimum lot size shall be two (2) acres and the minimum set back of any home occupation activity to adjoining properties or streets, alleys, roads, etc. shall be fifty (50) feet.

c.      Home occupations shall be limited to the employment, on premises, of not more than two (2) persons, other than immediate family members living on the premises, at any one time.  An additional off street parking space shall be provided for each employee.

d.     Home occupations shall not occupy more than twenty-five (25) percent of the total floor area of the dwelling unit including basement and accessory buildings.

e.      In addition to the requirements for home occupations applications as set forth in this ordinance, all applicants for home occupations shall give written notice of their application to all property owners with real property that abut the subject property or are within 500 feet of the boundaries of their property (the subject parcel) and shall submit an affidavit showing proof of said notice to the Board of Supervisors at the time of hearing.

f.       Applicants must demonstrate compliance with all applicable state and local laws and regulations, including but not limited to those regulating sewage, building, solid waste removal, etc. as they relate to the project.

g.      Applicants must supply the Township with filed copies of fictitious name registrations or certificates of incorporation as applicable.

h.      Home occupations shall not detract from the residential character or appearance of the neighborhood.  The following factors shall be used to make this assessment.

1.     Extent of business - whether or not the home is still the identifiable primary use of the property.  Factors shall include the amount of time the business is operated on a daily basis.

2.     Appearance from an adjacent street - whether or not the use of the property as a business is distinguishable from an adjacent street.  Except for a non-illuminated, identification sign no larger four (4) square feet in size attached to the principal structure, nothing shall occur on the property that can be observed from an adjacent street which makes it readily apparent a business is being operated on the premises.  In cases where the principal structure is obscured from the street, or the structure is set back more than fifty (50) feet from the property line, a non-illuminated ground sign not to exceed four (4) square feet may be used.  Factors for evaluating this standard shall include but not be limited to that the residential dwelling not be altered to change its residential appearance, and no activity related to the conduct of the home occupation shall be permitted to occur in such a manner as to be obtrusive to the neighborhood or attract extra attention to the business.

3.     Impact on the neighborhood - whether or not the business activity is causing a deviation from the residential character of the neighborhood. Factors for evaluating this standard shall include but not be limited to whether or not the business is generating excessive traffic detrimental to the neighborhood beyond normal residential traffic. 

4.     Parking - whether or not parking problems could result from the use.  Factors shall include, but not be limited to:

1)     Except for special gatherings, parking required for the business shall be provided on-site parking on the property shall be on a surface equal in quality to the paving surface of any existing driveway unless there is no surface other than the ground in which case a gravel surface shall be provided; and

2)     No home-based business shall be permitted which requires parking of tractor-trailer combinations along the street or on site for other than short term delivery purposes.

5.     Nuisance - whether or not the use is causing or will cause nuisances for surrounding property owners or is deviating from the residential character or appearance of the neighborhood.

6.     Expansions - no home based business, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this law and such permission or establishment shall not be a basis for a later application to establish a principal commercial use.  Moreover, the conversion of a residence with a home based business to a commercial use by the abandonment of the residence or the sale, rent, or transfer of the business to a party, which does not reside on-site is strictly prohibited unless the business is then moved off site.

7.     Violation of subsections 4, 5 and 6 of this section shall be grounds for revocation of any permit issued by the township for a home occupation.

401.2   No Impact Home-Based Businesses shall be permitted as an accessory use and the

Zoning Officer may consider applications for same without the need for any hearing before, or referral to, the governing body. 

A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.  The business or commercial activity must satisfy the following requirements:

(1)   The business activity shall be compatible with residential use of the property and surrounding residential uses.

(2)   The business shall employ no employees other than family members residing in the dwelling.

(3)   There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4)   There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

(5)   The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6)   The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(7)   The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)   The business may not involve any illegal activity.

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Section 402 - Accessory Uses or Structures

No detached accessory building or structure shall be erected in any required front yard and no detached accessory building or structure shall be erected within ten (10) feet of any other building or structure. Below-ground swimming pools shall, in addition to meeting the above requirements, be entirely enclosed with a permanent fence not less than four (4) feet in height. Fencing shall be in place from the time of initial excavation of the pool. Temporary fencing may be used until the pool is complete and shall be replaced with permanent fencing before the issuance of a certificate of use (C.U.) for the pool. An accessory structure attached to a principal building shall be considered to be part of the principal building. No accessory structure shall be located so as to violate any front, side or rear property set back line. For lots that are one-half (1/2) acre or less the rear yard and side yard set backs for accessory structures may be reduced by one-half (1/2).

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Section 403 - Special Lot Provisions

403.1   All yards abutting a street line or corner lots shall meet district requirements for front yards.

403.2   When an unimproved lot is situated between two improved lots with front yards less than those required for the District, the front yard required may be reduced to the average of the two existing yards but in no case shall be less than 50% of the yard normally required.

403.3   A clear-sight triangle of not less than 75 feet in either direction from the intersection shall be maintained on all corner lots.

403.4   Whenever a dwelling use is erected in any district  there shall be yards as required in an R-1 District.

403.5   Projections into Required Yards. Certain architectures may project into required yards. These include:

                        Cornices, canopies, eaves, etc.

                        Fire escapes,

                        Uncovered stairs and landings,

                        Bay windows, balconies, fireplaces, chimneys, etc.

None of the above, however, shall project more than five (5) feet into required yards.

403.6   Building Height Exceptions.  District height limitations shall not apply to church spires, belfries, cupolas and domes, monuments, farm silos, water towers, masts and aerials, public utility structures, and parapet walls extending not more than four (4) feet above the limiting height of the building.

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Section 404 - Conditional Use and Special Exceptions

404.1 Conditional Uses - Uses listed as "Conditional Uses" shall require individual consideration in each case because of their unique characteristics.  Such "Conditional Uses" shall be referred to the Planning Commis­sion for review and recommendation and may be permitted only after public notice and hearing and determination by the Board that such uses meet the standards in this Ordinance.  The Commis­sion shall have 30 days from the date they receive the referral in which to make a recom­mendation to the Board.

Applicants for Conditional Uses shall submit plot plans in sufficient detail to provide the Board and the Planning Commission with enough information to properly evaluate the proposed planned use.  The burden of proof shall be on the applicant to present sufficient evidence to show compliance with all applicable standards hereunder and the burden shall never shift to the municipality or other parties to show the contrary.

Such Conditional Uses which are authorized by the Board may be subject to any additional conditions and safeguards including but not limited to increased lot size established by the Board in each case which may be warranted by the character of the areas in which such uses are.

404.2 Special Exceptions - Uses specified as special exceptions under this Ordinance shall be permitted only after review by the Planning Commission and review and approval by the Zoning Hearing Board. Such approval shall be based on the determination that the use is appropriate to the specific location for which it is proposed, consistent with the Comprehensive Plan and in keeping with the purposes and intent of this Ordinance. The following criteria shall be used as a guide in evaluating a proposed use:

            a.  The presence of adjoining similar uses.      

            b.  The presence of an adjoining district in which the use is permitted.

            c.  The need for the use in the area proposed, as established by the comprehensive plan.

            d. Sufficient area to effectively screen the use from nearby different uses.

            e.  Conditions such that there were several potential sites for the use but not sufficient need to establish a permitting zone district or to leave the District open to indiscriminate  placement of such use.

               f.  Sufficient safeguards such as parking, traffic control, screening and setbacks can be effectuated to remove any potential adverse influence the use may have on adjoining uses.

            g.  The burden of proof shall remain with the applicant to show compliance with all standards and the burden shall never shift to the Township.

            h.  Applicants shall submit plot plans in sufficient detail to provide the Board and the Planning Commission with enough information to properly evaluate the proposed planned use.

404.3  Upon making a determination that an application for a specific use could only be granted as a conditional use or special exception under the terms of this Ordinance and upon making the further determination that the application for such a use is complete, the Zoning Officer shall forward a copy of said application to the Planning Commission and to the Board of Supervisors.  In the event that the Zoning Officer determines that the application for a use is incomplete he may return it to the applicant together with a narrative indicating the basis for rejection or he may, in his discretion, refer the application to the Planning Commission to review.  The Commission shall, within thirty (30) days following its next regular meeting, make a review thereof and forward recommendations, if any, to the Board of Supervisors or Zoning Hearing Board as applicable. The Board shall promptly schedule a public hearing to receive public comment on the application and, after the completion of said hearing or hearings or adjournments thereof, render a decision to grant or deny the application. If the application is granted, the Board will direct the Zoning Officer to issue a permit in accordance with its decision. In approving an application, the Board may attach such reasonable conditions to the approval as they may deem necessary.  The Board may, in their discretion, direct the Zoning Officer to issue a permit for a limited period of time which permit shall be subject to a renewal procedure at which time the Board will have the discretion to deny the renewal, grant the renewal or order the implementation of additional conditions that the Board may deem necessary and appropriate.  If the application is denied, the applicant shall be notified within five (5) days of the decision and the reasons for the action.

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Section 405 - Cluster Development

Cluster development is permitted as a conditional use in some districts. The following rules shall apply in granting such a permit:

405.1   Any owner of a minimum of ten (10) acres of land in a district where Cluster Development is permitted as a conditional use may request Dingman Township to have the  regulations of this Section apply to the property in question.

405.2   Any request shall be in writing and include a legal description of the property, a preliminary plan showing the intended overall development plan and a description of the means by which the open space restrictions shall be applied. All other information normally required for a conditional use application as well as data required for a preliminary plan submission under the Dingman Township Subdivision Ordinance, shall also be supplied at this time. Such requests shall also be filed with the Dingman Township Planning Commission who shall process the request on a schedule identical with the requirements for review and approval of a preliminary plan under the Dingman Township Subdivision Ordinance. The Township Planning Commission before recommending action to the Board of Supervisors on the request and plan shall hold a public hearing, pursuant to the requirements of Pennsylvania Act 247 (The Pennsylvania Municipalities Planning Code). In granting a preliminary approval of the submitted plans the Board of Supervisors shall also direct the Zoning Officer to issue a conditional use zoning permit for the proposed use. If preliminary plans are rejected no conditional use permit shall be granted and the applicant may appeal the action of the Board of Supervisors to the Zoning Hearing Board under the provisions for Unified Appeals in Act 247.

405.3   Individual building lots in a cluster development may be reduced in area and other development regulations may be modified in order to accommodate a more varied, efficient, attractive and economical development pattern with the goal of increasing flexibility in the location and arrangement of homes as well as providing a more usable pattern of open space.  Minimum lot area may be reduced to one-half acre, provided that the overall density of the development  does not exceed that which would be achieved by dividing the property into the smallest individual lots permitted in the District.  Other development regulations  pertaining to minimum requirements may be reduced in a proposition identical to the ratio between the average lot size of the proposed development and the minimum lot area established for the District, but in no case shall be less than one-half of requirements applying generally to the District.

405.4   No cluster shall be served by more than one entrance and one exit to the public right-of-way, such that individual driveways shall not front on the public right-of-way.

405.5   The proposed development shall be serviced with both a central water supply and off-site sewage disposal facilities. For purposes of this regulation a water system  or sewage disposal facility serving less than ten lots or homes shall not qualify.

405.6   An amount of land equal to the total area saved by reducing lot sizes below District regulations or twenty (20) percent of the tract, whichever is more, shall be in common open space and shall be owned and maintained solely for the common use of the residents of the subdivision. Common open space shall be available for the use of all residents and shall not include existing streets or public utility easements. At least fifty (50) percent of the open space shall be usable for active recreational activities and shall not include swamps, quarries or slopes over 25% in grade, Subdivisions of over (50) lots in size shall also include parks and playgrounds according to the following formula:

                        One-Half acre per 50 lots

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Section 406 - Manufactured Housing Parks

All mobile home parks shall obtain and maintain a license from the Pennsylvania Department of Environmental Protection and comply with all regulations of the Dingman Township Subdivision Ordinance. As a minimum, the following standards shall apply:

406.1  No less than 20,000 square feet of area shall be provided for each unit.

406.2  No manufactured housing unit shall be located closer than thirty (30) feet to another unit.

406.3  No manufactured housing unit shall be located closer than 35 feet to the boundary of the park property.

406.4  All manufactured housing units located in the park shall be placed on permanent foundations and screened between the grade level and bottom of the unit.

406.5  There shall be no more than one access to a manufactured housing park from any public right-of-way and all driveways to individual units shall front on an interior access drive.

406.6  Each manufactured housing unit shall be provided with off-street parking equivalent to that required of single-family dwellings.

406.7  All manufactured housing parks shall be provided with central water and sewerage facilities.

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Section 407 - Manufactured Housing Units Used as Single-Family Dwellings

Manufactured housing units may be erected as single-family dwellings in districts where the latter is allowed provided that any such manufactured housing shall contain at least 800 square feet of floor  area (exclusive of basement and accessory structures) and shall be placed on a complete permanent walled foundation, meeting all standards of the Township Building Code.

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Section 408 - Junk Yards

Junk yards shall be allowed, as conditional uses, in the RU Rural District only and shall be subject to the following restrictions, which shall apply to both existing and proposed junk yards:

408.1  Any junk yard located adjacent to a Federal Aid highway shall comply with all regulations of the Federal Highway Administration.

408.2  No junk yard created after the effective date of this Ordinance shall be located closer  than one thousand (1,000) feet to an existing public right-of-way or 500 feet from any residence.

408.3  All existing junk yards must erect and maintain a six (6) foot fence adequate to prohibit the entrance of children or others into the area and to contain within such fence the materials dealt in by the owner or operator. If such area is located adjacent to a public street or residential area the fence shall be twenty-five (25) feet from the boundary line thereof and be adequate to screen all portions of the junk yard from view from the public street or from residential areas.

408.4  The area used for a junk yard shall not be used as a dump area nor as a place for the burning and disposal of trash.

408.5  Existing junk yards in Districts other than the RU District as well as other non-conforming junk yards shall be eliminated or brought into conformance within a period of five (5) years following the enactment of this Ordinance.

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Section 409 - Commercial, Manufacturing and other Non-Residential Uses

The following performance standards shall apply to all commercial, manufacturing and other non-residential uses. (Note - This section shall not apply to agricultural uses):

409.1  Setbacks and Buffers.  Unless otherwise regulated by this Ordinance, where a commercial or manufacturing use is proposed contiguous to any existing residential use or any CP, R-1, RU or ND2 District the minimum setback shall be increased to fifty (50) feet and a buffer consisting of a solid fence of wood and/or a dense evergreen planting not less than six (6) feet high or comparable natural vegetation shall be planted/erected and maintained. The dense evergreen planting shall provide immediate screening as opposed to proving screening at some future date when the plants reach a certain age or size. Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard. Additional  buffer areas or fencing may be required by the Township if the nature of the proposed use as determined by the Township so requires.

Landscaped buffers may be required by the Board of Supervisors in any yard in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; and reduce air pollution, dust and litter; and, to otherwise maintain and protect the rural character of the District.

            a. In determining the type and extent of the buffer required, the Township shall   take into consideration the design of the project structure (s) and site, topographic    features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

            b. The width of the required buffer, as determined by the Township, shall not be less than ten (10) feet.

            c. A mix of ground cover and shrubbery vegetation and canopy trees, of such    variety compatible with the local climate, may be required so that a dense screen not less than six (6) feet in height will be formed within three (3) years of planting.

            d. Berms and landscaped walls or fences, compatible with the principal building design, may be incorporated in the required buffer. Front yard buffers shall be provided in the same manner to a height of not less than four (4) feet; however, all clear sight triangles shall be maintained.

            e. In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use, or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be            reduced if the Township shall determine that the proposed use and adjoining use(s) are not incompatible.

            f. Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for "land developments" in the Township Subdivision and Land Development Ordinance. It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or          deteriorating landscape material.

409.2  Operations and Storage.  All facilities and operations of the principal use including the storage of raw material, finished products, fuel, machinery and equipment  and any other materials or supplies shall be enclosed and carried out within a building; or shall, as required by the Township, be provided with larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. However, not more than two (2) trailers, maintained in good condition, shall be permitted for such storage for a temporary period, not to exceed twenty-four (24) months. The placement of said trailers shall require a permit from the Township, shall meet the setback requirements of this Ordinance and shall not be used for storage of any flammable or hazardous material.

409.3  Fire and Explosion Hazards.  All activities involving any manufacturing, production, storage transfer or disposal, of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire fighting  and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of Federal, State, and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(s). All buildings shall comply with the most current BOCA or NFPA standards as required by the Township. Additional buffer areas or fencing may be required by the Township if the nature of the proposed use as determined by the Township so requires.

409.4  Radioactivity or Electric Disturbance.  No activities shall be permitted which emit dangerous radioactivity, or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable Federal regulations shall apply.

409.5  Noise.  The  sound level in decibels at the property line shall not exceed sixty-five (65) decibels          (dB (A) ) in the NC, ND2, and RC districts and fifty-five (55) decibels (dB (A) )in the CP, RU, and R-1 districts.

a. For camps, significant noise generating activities shall be prohibited between the hours of 10 PM and 6 AM.

409.6  Vibration.  No vibration shall be permitted which is detectable without instruments at the property line.

409.7 Lighting and Glare.  No light source shall be exposed to the eye except those covered by globes or diffusers. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source. Lighting design should be an inherent part of the architectural design. All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. Appropriate lighting fixtures shall be provided for walkways and to  identify steps, ramps, and directional signs. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site; and all required lighting shall be considered improvements for the purpose of regulation by the Township Subdivision and Land Development Ordinance.

a. For camps, no outdoor lights serving as illumination for outdoor recreationalf acilities and located within 100 feet of any exterior property line of the camp shall operate beyond 10 PM.  A lighting plan, demonstrating no more than 0.1 foot-candle illumination at the property line, must be submitted as part of the application.

No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line. This restriction shall not apply to signs otherwise permitted by this Ordinance.

409.8 Smoke.  No emission shall be permitted from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.

409.9  Odors.  No emission shall be permitted of odorous gases or odorous matter in such quantities as to be readily detectable  without instruments at the property line of the parcel from which the odors are emitted.

409.10  Other Forms of Air Pollution.  No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to heath, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

409.11  Surface and Ground Water Contamination.  All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the ground water characteristics of the area in which the use is proposed)  and details of planned safety devices and contamination response actions shall be provided by the developer. The Township may require a plan to be submitted for review and approval and may require security for insuring contamination response. Monitoring wells and water quality testing may also be required by the Township.

409.12  Landscaping.  A landscaping plan for the proposed project shall be prepared by the developer for review and approval by the Township. Landscaping shall be considered an improvement for the purposes of regulation by the Township Subdivision and Land Development Ordinance. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation and maintenance program. Landscaping shall be installed to the following minimum standards:

            a.  All disturbed areas of the site shall be included  in the landscaping plan, and those areas immediately adjacent to buildings and walkways shall be given extra consideration.

            b.  Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping; and shall be consistent with the architectural type of the project and shall be a minimum of four (4) feet in width.

            c.  Plants shall be of a variety proven successful in Dingman Township's climate, unless otherwise approved by the Board of Supervisors.

            d. Where landscaping is required to serve as a buffer (eg. between the project and adjoining properties or between buildings and parking areas) the plants used shall be of such variety, size and arrangement of  height and spacing to effect the required buffer in a reasonable period of time as determined necessary by the    Township.

            The width of the landscaped buffer shall generally not be less than ten (10) feet in all required yards, unless the applicant can demonstrate to the Township that the buffer can be effected by other means such as soil mounding and/or fencing.

            In cases where the proposed site adjoins a District other than an NC District or RC District or adjoins an existing residential use, the buffers in the side and rear    yards shall be increased to twenty (20) feet.

            e.  The variety of landscape materials shall be consistent with building architecture and the surrounding area and plant type shall be appropriate for the size and location of the space it is to occupy.

            f.  A minimum of five (5) percent of the interior of any parking lot having twenty-five (25) or more parking spaces shall be maintained with landscaping, including trees and shrubs in plots of at least thirty-six (36)  square feet in area. Trees and landscaping plots shall be so located to provided visual relief and sun and wind interruption within  the parking area and to insure safe patterns of internal circulation. However, in no case shall more than fifteen (15) spaces  be permitted in a continuous row without interruption by landscaping, and not more than sixty (60) spaces shall be permitted in one lot, said lots being separated by landscaping plots a minimum of four (4) feet in width.

            g. Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible.

            h.  Plastic landscape materials shall not be permitted  with the exception of  permeable weed control material.

            i.  All trees to be planted shall have a trunk diameter of at least three-quarters (3/4) inch as measured one (1) feet above the ground.

            j.  All landscaping shall be maintained in good growing condition by the property owner with plants that have died being replaced with similar plants.

409.13  Stormwater Management and Soil Erosion Control.  A stormwater management plan and soil erosion control plan shall be provided to the Township for review and approval.

Said plan shall be prepared and implemented pursuant to the standards contained in Section 605 and 606, respectively, of the Township Subdivision Ordinance; and the County Conservation District.

The protection of the quality of groundwater and surface water shall be an integral part of all proposed stormwater management practices; and all stormwater management plans shall include an element specifically addressing water quality.

The plan shall provide for the minimization of the discharge of "first flush" sediments off the project site or directly to infiltration structures. Containment of "first flush"  sediments shall be accomplished by accepted and proven engineering design and practice, including but not limited to the use of grass buffer/filter strips, grass swales, detention basins, sediment traps, and special inlet devices.

409.14  Waste Materials.  No liquid, solid, toxic or hazardous waste shall be stored or disposed in any commercial area, either above or below ground level,  except for the temporary storage thereof pending removal from premises.  Such temporary  storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. Enclosed waste pens shall be provided for each occupant of the establishment, either at the rear of each commercial unit or at common areas. Said facilities shall be adequate to accommodate all waste from the premises until collected and shall be maintained so as not to become unsightly or a public nuisance.  In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground.

409.15  Sewage Disposal.  Sewage disposal shall be provided by a system meeting the requirements of the Pennsylvania  Department of Environmental Protection and the Dingman Township Sewage Ordinance. Discharge to such system shall be limited to domestic wastes unless otherwise permitted by the Township and the Pennsylvania Department of Environmental Protection. No discharge of wastes or materials in any way associated with a production process shall be permitted to any sewage system.

409.16  Other Regulations.  Documentation shall be provided by the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to the Pa. Department of Transportation, the Pa. Department of Environmental Protection, the Pa. Department of Labor and Industry, the Federal Emergency Management Agency and the U.S. Environmental Protection Agency.

The Zoning Officer shall ensure that these standards are complied with prior to issuing a Certificate of Use for the use.

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Section 410 - Non-Conforming Uses and Structures

It is the purpose of this Section to limit the injurious impact of non-conforming uses and/or structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of non-conforming uses and/or structures may not be contrary to the public interest or general purpose  of this Zoning Ordinance, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration. It is further the purpose of this Section to prescribe those standards which are to be applied by the Township in determining the reasonableness of the proposal to alter, continue or extend a non-conforming use. The following are regulations which shall apply to the alteration, continuation or extension of non-conforming uses:

410.1  A non-conforming use or building shall be a building, structure or use legally existing at the effective date of this Ordinance, or any amendment thereto; or a building, structure or use, planned and construction started in compliance with existing laws prior to the effective date of this Ordinance, or any amendment thereto and completed within a one-year period after the effective date of this Ordinance or Amendment, thereto; and which does not conform with the use regulations of the district in which located. A building, structure or use allowed by variance in a district where it becomes non-conforming with any regulations of this Ordinance shall also be considered a non-conforming use.

410.2  Normal maintenance and repairs such as painting, replacing a roof, etc. are allowed as well as minor  additions, alterations and interior renovations that do not structurally alter the building or result in increased use of the building or area, a different nature of use than existing at the present time or otherwise create more incompatibility with the surrounding permitted uses.

410.3  Changes and additions to non-conforming single family residential uses or structures shall be considered permitted uses and shall be granted if the changes and/or additions are either:

 

            a.  Nonstructural modifications to the non-conforming portion of the use or structure, or

            b. Changes and/or additions to use or structure that do not create any additional non-conformance and meet all current zoning regulations.

All changes and additions to all other non-conforming uses, (except those identified above) shall be considered conditional uses and permits for alterations, changes in use or additions of one sort or another shall be granted only after a determination by the Township Supervisors that the following conditions have been or will be satisfied.

            a. Storage of Materials.  There shall be no increase in the amount of materials, supplies and/or products that are stored outside a non-conforming facility as on a lot in a non-conforming use, excepting those types of uses outlined in Section b.

            b. Screening. Where the non-conforming activity is one which necessarily results in the storage of large quantities of materials, supplies, or projects outside (such as a sawmill, farm machinery sales operation), the use may only be expanded if a    solid fence of wood or some similar material and/or vegetative screening not less than six feet in height is present on all sides of the immediate area in use.

            c. Yards and Setbacks.  No addition, change or expansion of a non-conforming use shall create further non-conformity by violation of yards, setback and height regulations of the district in which it is located.

            d. Stormwater.  There shall be no increase in the amount of stormwater runoff for the site over what was existing as of the date of the enactment of this Ordinance. The U.S.D.A. Soil Conservation Service may be relied on to make recommendations of appropriate measures to control stormwater runoff which may be attached as conditions of approval by the Township.

            e. Parking and Traffic.  In no case will a change, addition or expansion of a non-conforming use be allowed   which would result in the diversion of traffic or relocation of a driveway on the site to any point nearer a residential property, or result in violation of any of the parking and unloading requirements of this           Ordinance. If the total number of parking spaces for the site is to be increased more than 25% over those available  as of the date of the enactment of this Ordinance, the Township may require vegetative screening of the parking area for nearby residential areas.

            f. Extension Onto New Properties.  The use may only be expanded or extended onto a new property  in the district, if that property is immediately adjacent to the     existing location, the properties are considered as a unit, were both in the same ownership as of the effective date of this Ordinance and the owner has clearly    exhausted the alternatives available for expansion on the existing site.

410.4  A non-conforming use may be re-established within a period of 18 months after it has been discontinued or vacated provided that a certificate of intent to do so has been filed with the Board of Supervisors within that 18 month period. Applicants may be granted an extension where proven necessary to the Board of Supervisors.

410.5  If  less than 50% of the floor area of any such non-conforming use is damaged, it may be restored or reconstructed within one year of the date of the damage.

410.6  In order to administer this Ordinance, the Zoning Officer shall prepare a complete list of all non-conforming uses, signs, buildings, and lots in existence as of the effective date of this Ordinance or amendment thereto. He shall also issue, upon request, a Certificate of Non-Conformance to any property owner who so requests.

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Section 411 - Commercial Development in Recreational Vehicle Areas

The provision of commercial services or sale and servicing of recreational vehicles to lot owners in a recreational vehicle park or campground shall be permitted as a conditional use in the ND2 - Limited Neighborhood Development District. The Township shall review the application and shall grant or deny the conditional use based on the following criteria:

            a. The services permitted shall be specifically stated.

            b. The Township shall consider the size of the campground and its proximity to commercial districts in the Township.

            c. The area to be used for commercial services or sale and servicing of recreational vehicles shall be adequate in size to provide for necessary facilities such as access, parking, and, when applicable, on-lot sewage disposal.

            d. The services area shall be set back from public roads and other property so as to not be readily visible from those areas, at a location and distance approved by the Board, but in no case, less than one thousand (1,000) feet.

            e. No signs of any sort visible from outside of the campground shall direct the general public to the services and all signs of any sort within the Township which refer to the campground and/or the services offered there shall receive the prior approval of the Board before erection.

            f. The Board may require that security in a form and amount approved and controlled by the Township Supervisors, be provided for improvements to public     facilities such as streets, sewers, and stormwater drainage structures which are necessary to serve  the proposed commercial services or recreational vehicle     sales and service area or may be damaged or modified by the establishment of service area.

            g. The services shall be shown to the Board of Supervisors on a plan, similar in form to a subdivision plan, and shall state clearly details pertaining to the factors hereinabove described.

            h. The services shall be provided to lot owners or actual lot users exclusively. No persons other than lot owners or actual lot users exclusively. No persons other than lot owners and actual lot users shall be permitted to use said services or facilities. The Board may, in its discretion, establish standards or restrictions to   control the use of said services and/or facilities. The Township may perform periodic inspections, with or without notice to insure adherence to this standard.

            i. The conditional use may be granted perpetually or for a specific period of time.

            j. The Board may consider such other standards as it may deem appropriate under the circumstances of a particular case.

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Section 412 - Keeping of Animals

412.1  Private Stables.  A private stable is permissible as an accessory use to a single-family residence in any CP, RU or R-1 zone district, provided it will comply with the following provisions:

            a.  The tract of land on which the house and stable are located is at least 2 - 1/2 acres in size.

            b.  No more than two horses are kept with the exception that one additional horse may be kept for each additional acre of land.

            c.  The building shall not be less than 200 square feet in size for one horse, with an additional 200 square feet for each additional horse.

            d.  No commercial breeding, hire or sale of horses shall be permitted from a private stable.

            e.  All horses shall be restrained from grazing or intruding on an adjoining property and any fences erected for the same shall be at least five feet from the property line or public or private road.

            f.  No stable building shall be located within 100 feet of an adjoining property line or public or private road.

412.2  Public Stables.  A public stable is permissible as a conditional use in any CP or RU zoned district, provided it will comply with the following provisions:

            a.  The tract of land on which the stable is located is at least 10 acres in size.

            b.  The stable building shall not be less than 500 square feet in size for one horse, with an additional 200 square feet for each additional horse.

            c.  All horses shall be restrained from grazing or intruding on an adjoining property and any fences erected for the same shall be at least five feet from the property line or public or private road.

            d.  No stable building shall be located within 100 feet of an adjoining property line or public or private road.

412.3  Other Domestic Animals.  The keeping of livestock and any other animals of a domestic or agricultural type, including but not limited to cows, steers, goats, sheep, swine, poultry and furbearing animals shall not be permitted in any zone district other than CP or RU  except where the tract in question is at least 10 acres in size and all animals and buildings are confined  to an area not closer than five feet to an adjoining property line or public or private road. In the CP and RU district the minimum lot size shall be five (5) acres. These restrictions shall not apply to the keeping of household pets such as dogs, cats, birds, hamsters, etc. All animals shall be confined to a yard enclosed by a fence designed to contain such animals therein.

412.4  Wild Animals.  No premises in any zone district shall be used or occupied, and no structure shall be erected or maintained for the harboring of any animals except those of a domestic, household or agricultural type as provided for above. Wild animals such as wolves, large cats, reptiles and other species not indigenous to the area shall not be kept in Dingman Township under any circumstances.

412.5  Enforcement.  An accessory use permit shall be required for the establishment of a private stable or the keeping of domestic animals (not including household pets) and applicants shall demonstrate the means by which they will comply with this Ordinance. All residents shall comply with the restrictions and, if upon investigation of a complaint any person is found to be violating these provisions, that person  shall be subject  to the penalties and remedies of this Ordinance after being given a ten day period in which to eliminate the violation. Nothing herein, moreover, shall be construed to allow continuance of any nuisance or threat to health, safety and welfare that might be created by keeping of animals regardless of conformity with these provisions. Such nuisances, as defined by the Second Class Township Code, are hereby prohibited and nothing herein shall limit the right of the Township under said Code to eliminate such nuisances or the right of adjoining property owners to pursue civil remedies. A zoning permit shall be required for a public stable as provided herein.

412.6   Kennels

A.     A kennel may be permitted as a special exception use in any RC, RU, CP and NC Zone district, only after the applicant demonstrates to the satisfaction of the Zoning Hearing Board that:

1.      The applicant shall comply with all the applicable provisions of 3 P.S. § 459 and provides a copy of the kennel license to the Zoning Officer on an annual basis.

2.      Kennel owners may reside on the same property as the kennel.  If the owner does not reside on site, the kennel shall be staffed 24 hours per day, 7 days per week.

3.      The property must be a minimum of 4 acres in size.

4.      The kennel shall be designed so that no animal shall be permitted outdoors at any point closer than 100 feet to a property line nor less than 200 feet to any existing residence or R-1 district line.  The Zoning Hearing Board shall be authorized to impose additional setbacks, buffers, and other measures to limit noise, odor, water pollution and other impacts on adjacent properties.

5.      The kennel buildings that are intended to house dogs will be designed with special consideration being given to the reduction of noise.

6.      All kennels shall be considered commercial uses and shall meet the requirements set forth in Section 409 and have adequate parking in accordance with Section 601.2.

7.      Kennels in the CP zone shall be exempt from the requirements of Section 423.

8.      The applicant will provide the right of entry to the Township Zoning Officer and other appropriate officials as needed for enforcement of the Zoning Ordinance.

B.     All kennels must be kept in a sanitary condition at all times and meet the following requirements:

1.      All animal waste and unconsumed food shall be removed on a daily or more frequent basis.  Fecal waste shall be disposed of as solid waste and stored in odor-proof, fly-proof containers.  Fecal waste shall be removed from the property by a licensed solid waste hauler on a weekly, or more frequent basis.

2.      Water used in flushing the cages and runs shall be disposed of in a sewage disposal system approved for that purpose by the Department of Environmental Protection and the Dingman Township Sewage Enforcement Officer.

3.      No dog may be permitted outdoors after 8:00 p.m. nor before 7:00 a.m.

4.      Areas must be provided for both indoor and outdoor exercise of the animals.  The exercise area must be enclosed by a fence satisfactory to contain such animals as may be kept by the kennel.

C.     Nothing herein shall limit the right of neighboring property owners to pursue civil remedies in the abatement of nuisances that may be created by the kennel.

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Section 413 - Large Hotels, Motels, Inns, or Resorts

413.1  Standards for Reviews of Conditional Use Application.  The following standards shall be applied by the governing body to all applications for conditional use permits under this Section.

            a.  The minimum lot or area eligible for such a permit shall be fifty (50) acres or one acre for every two units, which ever is greater.

            b.  All buildings and parking areas shall be set back a minimum of 250 feet from all public roads and all real property owned by persons or entities other than the hotel owner.

            c.  All buildings and parking areas shall be screened  by natural topography or by the planting of coniferous matter such as arborvitae, fir, pine, spruce, hemlock or other similar vegetation acceptable to the governing body so as to render the buildings and parking areas invisible to any person standing on any public road or any real property owned  by persons or entities other than the hotel owner.

            d.  In addition to the parking spaces required for motels and hotels provided in Section 602 there shall be one parking space for each 25 square feet of entertainment area open to non-guests such as theaters, dancing or ballrooms, lecture halls, gaming rooms, convention rooms and eating or restaurant areas. There shall also be one parking space for each racquet ball or tennis court open to non-guests and one parking space for each 200 square feet of indoor or outdoor swimming pool areas, weight rooms, exercise rooms or game rooms or similar   recreation or sports activities.

            e.  All structures must have the final approval of the Pennsylvania Department of  Labor and Industry or its successor prior to the issuance of a certificate of  occupancy by the Township.

            f.  There shall be no increase in stormwater runoff from the site over that runoff existing at the time of the enactment of this amendment.

            g.  All driveways and parking areas shall be constructed in accordance with the following standards.

                        1.  After the sub-grade  has been prepared to the satisfaction of the Township Supervisors or their designee a base course shall be applied (to a width of 26 feet for driveways) consisting of graded crushed stone or shale be compacted to a minimum thickness of six inches by an approved three-wheel roller weighing not less than ten tons. The above standards shall apply unless special conditions shall, in the opinion of the Supervisors or their designee, require a base course thicker than six inches compacted.

                        2.  A course of bituminous material shall then be applied to the base course when completed (for the full base course width of 26 feet for driveways) said course shall meet the requirements of the Pennsylvania Department of Highways ID2 Form 408 to a compacted depth of one and one-half inches. A final wearcourse of a depth of one inch of ID2 shall then be applied (to the cartway width of 18 feet for driveways). Shoulders shall be Type Seven as set forth in Form 408.

            h.  No certificate of occupancy shall be issued until all conditions attached to the permit and all facets of the approved plans have been constructed and completed.

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Section 414 - Natural Resource Uses

Natural resources uses shall be permitted only in the CP  District and the RU District and shall be considered conditional uses, and shall comply with all applicable state and federal requirements as well as the standards in this Section 414 and this Ordinance. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations.

Natural resource uses with an open face of twenty-five thousand (25,000) square feet or less and which will  not result in a total disturbed area of forty three thousand five hundred sixty (43,560) square feet over the life of the site, and which do not involve the on-site use of any processing or manufacturing equipment shall be hereinafter referred to as "minor natural resource uses".  Minor natural resource uses shall be permitted in any District and shall be considered conditional uses.  The duration of the minor natural resource use removal process shall not exceed one hundred  eighty (180) days and reclamation of the entire site shall be completed within one (1) year of the issuance of the conditional use permit.

414.1  Operational Requirements.

            a.  Vibration - Machines or operations which cause vibrations shall be permitted, but in no case shall any such vibrations be perceptible along any adjoining or adjacent property in different ownership or public right-of-way.

            b.  Blasting - Blasting shall be conducted in accord with State regulations. However, no blasting shall be permitted in association with a minor natural resource use.

            c.  Emissions - The emissions of dust, smoke, refuse matter, odor, gas, fumes,   noise or similar substances or conditions which can cause any soiling, staining, irritation, or damage to persons or property at any point beyond the property line of the use creating the emission are hereby prohibited.

            d.  Fencing - The applicant shall submit to the Township for approval by the Board of Supervisors a fencing plan which shall provide for the protection of the public health, safety and welfare by restricting public access from areas of steep slopes, ponds, and/or other hazards. The Township shall determine the type and extent of fencing required as part of the conditional use process. However, in no case shall any fence be less than six (6) feet in height and all required fencing shall be of such design to restrict access. In all cases, fencing shall be required wherever the natural resource use abuts a public road  right-of-way or whenever the slope of an excavation exceeds a slope of greater than 1:1 for a face height of more than twelve (12) feet. All fence openings to provide access to the site shall be controlled by a gate and locks.

            e.  Setbacks/Buffers -  The setback and buffers in this Section shall be considered the minimum requirements. The Township as part of conditional use process and     in accord with Section 409 shall require larger setbacks, buffers or fencing in cases where the size of the operation, the topography, vegetation, or other physical features of the site, uses on adjoining properties or other public concerns dictate same.

1.  Residential - When adjacent to a Residential District or existing residence, no stockpiles, waste piles, processing or manufacturing equipment, subsurface mine entry location or facilities, and no part of the excavation or quarrying pit shall be located closer than two hundred (200) feet to such Residential District, Limited Neighborhood Development District or existing  residence.

                        2.  Street - From the right-of-way line of a public street or highway no part of a quarrying or excavating operation shall be closer than one hundred (100) feet. Where both sides of the right-of-way are in a quarry or excavation operation in single ownership the required street setback may be reduced to fifty (50) feet on each side of the right-of-way.

                        3.  General Property Line Setbacks:

                                    a)  Commercial Use - No parts of the quarrying or excavating  operation shall be located closer than two hundred (200) feet to property in a Neighborhood Commercial District or any of the uses permitted therein.

                                    b)  Conservation Use - No part of the quarrying or excavating operation shall be closer than one hundred (100) feet to property in a Conservation District or any of the uses permitted therein.

                        4.  Minor Natural Resource Use Setbacks - The setbacks in Subsection 1,2 and 3 above may be reduced in the case of a minor natural resource use; however, setbacks for minor natural resource uses shall be, at a minimum,  increased to two (2) times the normal setbacks required for principal permitted uses for the subject District as provided in the Schedule of  Development Regulations.

            f.  Water Resources - In no case shall any use impede the flow of natural watercourses, and all uses or processes which pollute watercourses shall be   prohibited. Collection of water in any excavation or quarry shall be avoided except as necessary for soil sedimentation  control, and the Township may require the developer to provide stormwater management facilities to control drainage to excavated areas. Any ponds or other standing water shall not be permitted to become stagnant.

            g.  Lot Coverage - Disturbed areas of a minor natural resource use shall not exceed the maximum lot coverage of the subject District as required for principal permitted uses in the Schedule of Development Regulations.

            h.  Subsidence - All mining operations shall be conducted in such  manner to prevent any subsidence of the surface of the site.

414.2  Submission of Operational Data for Natural Resource Uses.  The operations plan shall include but need not be limited to:

            a.  Ownership and acreage of the land proposed for use shown on a certified property boundary survey.

            b.  Type of resources to be extracted or quarried, method of excavation, sequence of construction and excavation activities, and estimated amount.

            c.  Topographic map of the property showing, at a minimum, two (2) foot contours, the change in natural grade and the estimated depth of the proposed operation.

            d.  Location map at a scale of one (1) inch = one hundred (100) feet which shall show:

                        1.  The land area to be excavated or quarried with dimensions and the total property.

                        2.  Private access roads and abutting streets and highways.

                        3.  Abutting and/or adjacent districts and land uses.

                        4.  Existing watercourses, and proposed alterations to assure stream quality and quantity.

                        5.  Fencing and buffer planting. If fencing is to be vegetation, details of  the size and type shall be provided.

                        6.  Title, scale, north arrow and date.

                        7.  Ownership/property owners covenants/deed restrictions.

            e.  A report setting forth the number and gross weight of trucks associated with the operation, the Township  roads to be utilized by said trucks, and the probable effect of the truck traffic on the condition of the roads. Said information along with the advice of the Township Engineer shall be used  by the Board of            Supervisors to establish conditions of approval to mitigate road impacts for the proposed use if such approval is granted. Such conditions may include, but not be limited to, a bond or other financial guarantee in a form, amount  and term as approved by the Township, and posted by the developer for the repair of any Township road which may be effected by the proposed operation.

414.3  Rehabilitation and Reclamation Plan for Natural Resource Uses.  At the time the operations plan is submitted a rehabilitation and reclamation plan shall also be submitted setting forth the following information:

            a.  An engineering drawing showing ownership, existing and future topography, streams, existing roads, buildings, boundaries and legal description of the tract.

            b.  A description of the location, type, extent, methods, and time schedule for the operations proposed.

            c.  A drawing showing the location and/or proposed relocations of land, trees,   buildings, structures, public roads, streams, drainage facilities and utilities lines on the tract or adjacent tracts as may require protection, repairs, clearance, demolition, restoration either during or following completion of the operations     proposed.

            d.  A statement describing methods for handling operations with respect to  "Operational Requirements", plus any drainage, air pollution, soil erosion or other environmental problems created during the operations including production, transportation, processing, stockpiling, storage and disposal of by-products and             wastes.

            e.  A detailed plan for re-use of the land after completion of the operations which shall provide for the restoration of the site in accord with this Ordinance and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary. The plan shall include the types and density or number of trees and other vegetative plantings.

            f.  A soil erosion and sedimentation control plan and stormwater control plan meeting the requirements of the County Conservation District and the Township Subdivision and Land Development Ordinance. In no case shall the post-development stormwater discharge from the property exceed the pre-development        discharge.

414.4  General Rehabilitation - Reclamation Requirements and Standards for Natural Resource Uses.

            a.  Time - Within a time frame approved by the Board of Supervisors, but in no case to exceed three (3) years after the termination of operations, the area shall be rehabilitated to control with the rehabilitation plan as approved.

            b.  Standards - In the rehabilitation of an area the following standards must be    met:

                        1.  No area of rehabilitation shall exceed a slope of 2:1.

                        2.  The entire area disturbed by resource excavating, quarrying, mining,  or other natural use shall be planted in such a manner so as to control soil erosion.

                        3.  The entire area shall be graded wherever necessary to provide for the conveyance of stormwater. Finished grade shall not have a slope of less than two (2) percent so as to provide for a natural drainage.

                        4.  Stockpiles, overburden, refuse, plant facilities or equipment shall be removed immediately upon the termination of operations and in no case shall such removal exceed one (1) year.

                        5.  Any required buffers, plantings or fencing shall be continuously                                  maintained in good repair.

                        6.  All fill to be brought to the property must be clean, free of debris and be of natural composition. Specifically, no residual construction debris, or other waste, whether solid, hazardous, or inert, will be permitted to be used on the site. All fill material is subject to the acceptance of the Township. The fill material shall be compatible with the proposed ultimate end use of the site.

414.5  Existing Natural Resource Uses.  -  Operations existing prior to the effective date of this Ordinance which are non-conforming as to setback requirements, shall not be required to correct such existing non-conformity. A rehabilitation plan and performance guarantee and any required fencing and/or buffers shall be provided within six (6) months after the effective date of this Ordinance, as amended. A plan meeting the requirements of this Section 414, for existing natural resource uses shall be submitted to the Township within three (3) months of the effective date of this Ordinance, as amended.

414.6  Non-Conforming Uses.  Expansion of any natural resource use which is non-conforming as to Zoning District location shall be limited to the specific type of existing non-conformity, and any expansion to include natural  resource use processing use(s) such as, but not limited to, stone crushers, cement plants and asphalt plants, shall not be permitted.

414.7  Performance Guarantee.  Prior to the approval of a plan for any natural resource use, the applicant shall provide to the Township a bond, letter of credit or other performance guarantee, in a form and amount approved by the Township, to assure the reclamation and rehabilitation of any new or existing natural resource use. The term of the guarantee shall be for a period of 90 days in excess of the time period established in Section 414.3, Subsection B. (See also Section 414.2, Subsection E for road bond.)

414.8  Sections.  Nothing herein shall prohibit the development of a natural resource use in phases or sections, for the purposes of performance guarantees. However, the plan submitted shall include the details of the complete proposed use to include all sections, with the performance guarantee provided for each section prior to development of sections.

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Section 415 - Multi-Family Dwellings

Multi-family dwellings are permitted as Conditional Uses in certain districts to provide opportunities for construction of a variety of housing types in the Township.  Due to the unique developmental considerations associated with multi-family dwellings, the following standards shall apply to all multi-family dwelling proposals, in addition to the Conditional Use Standards contained in Section 404 of this Ordinance.

415.1  Procedure.  Multi-family dwelling projects shall be considered land developments subject to the Township Subdivision and Land Development Regulations.  This classification shall apply to all subdivision of property in connection with the development, including parcels used for building and open space, and the approvals required shall be processed concurrently.

Applications for preliminary land development approval and conditional use approval of multi-family dwelling projects shall be made to the Township Planning Commission in the manner provided in the Subdivision Regulations and simultaneously with the Conditional Use application made hereunder.  The developer shall submit all information required by the Subdivision Regulations and the following additional information:

a.         A written conditional use application for the multi-family dwelling project indicating how the project will specifically meet the conditional use standards contained in Section 404 of this Ordinance.

b.         Proposed plans including all information necessary to demonstrate compliance with this Ordinance and the Subdivision Ordinance, including, but not limited to:

1)        All information required by Section 604 of Subdivision Regulations.

2)        Location of all project improvements including:

a)        Buildings

b)        Streets and parking areas

c)        Landscaping and planting strips

d)        Stormwater management facilities

e)        Water supply and distribution systems

f)          Sewage collection and treatment systems

g)        Street lighting and parking area lighting

h)        Building setbacks from property lines and other improvements shall be specifically shown

3)        Building construction specifications including floor plans and profiles and showing any common use or ownership areas.

4)        Construction specifications for all other project improvements.

5)        Designated open space areas.

6)        Density calculations pursuant to Section 415.2.

 c.        A plan and proposed agreement(s) either with the Township or a property owner's association for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the open space required by this Ordinance to the prospective dwelling owners or occupants.  Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall in any event, provide to the satisfaction of the Township that maintenance and use of the property, regardless of ownership, be restricted to either (1) activities intended for the sole benefit of the occupants of the particular project proposed or, (2) permanent open space as hereinafter provided.

        The application package shall be processed on a schedule identical with requirements for review and approval of Preliminary Plans pursuant to the Township Subdivision Regulations, including providing the County Planning Commission with a thirty (30) day opportunity to review the entire application package.

                    The Township Planning Commission, before recommending action to the Board of Supervisors, shall review the entire application.  The Commission shall then report its findings together with a recommendation indicating whether the conditional use criteria contained in Section 404 will be satisfied.

                    The Board of Supervisors shall act on the Preliminary Plan, conditional use, and "Planning Module for Land Development" concurrently, making the Preliminary Plan approval and conditional use approval, if such approvals are granted, subject to approval of the Planning Module by the Pennsylvania Department of Environmental Protection (DEP).

                    No building permit shall be issued to the applicant until all conditions attached to the approval of any Preliminary Plan, including DEP approval the "Planning Module," shall have been satisfied and nothing herein shall be construed as permitting the issuance of a building permit prior to Preliminary Plan approval. If the Preliminary Plan shall be rejected no conditional use, building or zoning permit shall be granted.

                    Following Preliminary Plan approval, the developer shall provide for the installation of all required or proposed improvements including but not limited to streets, parking areas, storm drainage facilities, sewage disposal facilities pursuant to a valid sewage permit, recreational facilities and lighting.  Building improvements shall also be completed or guaranteed prior to the applicant's request for Final Approval.  No Certificate of Use shall, however, be issued until such time as: (1) Final Plan approval shall have been granted pursuant to the Subdivision Regulations; and (2) buildings have been completed and inspected by the Zoning Officer; and all improvements required to serve the unit in question have been installed and approved.

                    Complete final building plans shall also be submitted as part of the Final Plan Application.  Such building plans shall substantially conform to the floor plans submitted for purposes of determining floor area ratios and shall not include more floor area than approved at the time of Conditional Use approval.  All Conditional Use approvals of such projects shall specify the total floor area to be permitted.

                    No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created until Final Plan approval has been granted and the Plan has been recorded in the Office of the County Recorder of Deeds.                  

415.2  Parcel Size and Density All land proposed for particular multi-family dwelling project shall be part of the same parcel and contiguous.  The following minimum parcel sizes and maximum floor areas shall apply in place of Section 306 minimum lot area per dwelling standards:

 

Multi-family Dwelling Type

Minimum Parcel size (Acres)

Maximum Floor Area Ratio

Townhouses

3 0.125
Apartment Building 3 0.100

                   

The maximum floor area permitted shall be calculated after deducting the following from the lot areas:   

a.         Land contained within public rights-of-way;

b.         Land contained within the rights-of-way of existing or proposed private streets, parking areas and sewage facilities.  Where formal rights-of-way are not involved the width of all streets shall be assumed as fifty (50) feet;

c.         Land contained within the boundaries of easements previously granted to public to public utility corporations providing electric or telephone service, and any petroleum pipeline rights-of-way;

d.         The area of waterbodies including lakes, ponds and streams (measured to the normal high water mark on each side); floodplains, wetlands; quarries; areas with slope of twenty-five (25) percent  or greater, and area used for improvements and other common areas (not including dwelling units); and multiplying the remainder by the applicable floor area ratio.

            As an example, a five-acre lot (217,800 square feet) with 30,000 square feet of deductions for roads, water and utility easements would yield 187,800 square feet of net lot area, which multiplied by a floor area ratio of 0.125 would yield 23,475 square feet of permitted floor area.  This, in turn, would yield 15.65 dwelling units (maximum of 15 units) at an average floor area of 1,500 square feet per unit.

415.3  Location.  No multi-family development shall be permitted within one hundred (100) feet of any District where multi-family dwellings are not permitted unless there shall be a one hundred (100) foot setback of all buildings and project improvements from the property lines of any adjacent parcels.  Project improvements include buildings, streets, parking areas, lighting, storm water management facilities, sewage treatment facilities, effluent disposal areas, signs and recreational facilities.

415.4  Open Space.

            a.  All areas of a multi-family development  not occupied by buildings and required or proposed improvements shall remain as permanent open space to be used for the benefit and enjoyment of the residents of the particular units being proposed. Land designated as open space shall be maintained as open space and          may not be separately sold, used to meet  open space requirements for other developments, subdivided or developed or dedicated to any other use.

            b.  Open space shall be maintained so that its use and  enjoyment as open space is not diminished or destroyed.  Open space shall be preserved and maintained by either one or both of the following mechanisms:

                        1)  Dedication to a property owners association which assumes full                            responsibility for maintenance of the open space.

                        2)  Deed-restricted private ownership which shall prevent development of                               the open space, provide for its maintenance and protect  the rights of                              owners or occupants of the dwelling units of the particular project to use                              and enjoy, in perpetuity, such open space.

415.5  Water and Sewage.  All multi-family developments shall be served with central or community on-site sewage facilities and central water supplies.  Effluent disposal areas shall not be placed upon individual lots and shall be a minimum of ten (10) feet from any public road right-of-way or exterior development property line.  The Township may, in its discretion, require hydrogeology studies, which identify the potential impact on the groundwater from the proposed disposal system and the use of denitrification technology for systems servicing more than ten dwelling units and may require a larger set back for such systems.  A reserve area suitable for a replacement disposal area equal in size to the required area shall be provided and so identified on the plan.

415.6  Buildings.

            a.  The number of dwelling units in a multi-family dwelling building shall not exceed:

                        1)   eight (8) units for townhouses

                        2)   eight (8) units for garden apartments

                        3)   ten (10) units for apartment buildings

            b.  All multi-family buildings shall have the final approval of the Pennsylvania Department of Labor and Industry prior to the issuance of a certificate of use by the Township.

415.7  Setbacks.

            a.  No structure shall be constructed within fifty (50) feet of any access road to or through the development or within ten (10) feet of any parking area.

            b.  All multi-family buildings shall be separated by a distance at least equal to the height of the highest adjoining structure.

            c.  All multi-family structures shall be a minimum of fifty (50) feet from any exterior property lines and fifty (50) feet from any public right-of-way.

            d.  Where a property line is not wooded, a planting strip of fifty (50) feet in width shall be required to buffer adjoining property owners and ensure privacy. The planting strip shall be included in the landscaping plan required in Section 415.10.

415.8  Street and Parking

            a.  No multi-family development shall be served by more than one entrance and one exit from any public highway, unless topographic or other physical circumstances dictate the use of more than one access for safety reasons. Such     entrance and exit shall be well defined by curbing, fencing, landscaping or other means to prevent vehicular access by any means other than the defined entrance and exit.

            b.  Parking shall comply with Article VI of this Ordinance. In addition to the 2.0 spaces per unit required by Article VI, there shall be provided for every two (2) units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods. No             more than sixty (60) parking spaces shall be provided in one lot, nor more than fifteen (15) in a continuous row without being separated by landscaping as required in Section 415.10. All off-street parking shall be adequately lighted and so designed as to direct light away from residences. No parking space shall be designed such that a vehicle would back or drive onto a through road, and a defined entrance and exit shall be provided for each parking area.

            c.  All streets proposed as part of the development shall comply with the design standards for streets pursuant to Section 703 of the Township Subdivision Regulations; and the subgrade and base of all parking areas and driveways shall be constructed in accord with Section 703.4 of the Subdivision Regulations. Any access way or road serving more than three (3) dwelling units shall be considered a road and shall comply with all the requirements of this Section 415.8. The completed base of all streets (to the width of the cartway), parking areas, and driveways shall be topped with a base course of ID2 bituminous material meeting the Pennsylvania Department of Transportation, Form 408 specifications to a depth of one and one-half (1-1/2) inches. A final wearing course of ID2      bituminous material meeting Form 408 specifications to a compacted depth of one (1) inch shall then be applied to all streets (to the width of the travelway), parking areas and driveways. Shoulders shall be Type Seven as set forth in Form 408. Parking areas and driveways shall be designed to provide adequate drainage.

415.9  Stormwater Management The stormwater management improvements provided for the project shall meet the requirements of the Subdivision Regulations and the intent of the Pennsylvania Stormwater Management Act, Section 13 to assure that (1) the maximum rate of stormwater run-off is no greater after development than prior to development activities or (2) the quality, velocity and direction of the resulting stormwater run-off is managed in a manner which  otherwise adequately protects health and property from possible injury.

415.10  Landscaping.  A landscaping plan for the proposed multi-family project shall be prepared by the developer for review and approval by the Township. Landscaping shall be considered an improvement for the purposes of regulation by the Township Subdivision and Land Development Ordinance. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installations.

Landscaping shall be installed to the following minimum standards:

            a.  All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to the buildings and walkways shall be given extra consideration.

            b.  Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping; and shall be consistent with the architectural type of the project and shall be a minimum of four (4) feet in width.

            c.  Plants shall be of a type which are proven successful in Dingman Township's climate.

            d.  Where landscaping is required to serve as a buffer (eg. between the project and adjoining properties or between buildings and parking areas), the plants used shall be of the evergreen type and of adequate size to provide an effective buffer within a reasonable number of years.

            e.  The variety of landscape materials shall be consistent with building architecture and the surrounding area and plant type shall be appropriate for the size and location of the space it is to occupy.

            f.  All unusable areas in and around parking areas shall be landscaped.

            g.  Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible. 

            h. Plastic landscape materials shall not be used with the exception of permeable weed control material..

            i.  All trees to be planted shall have a trunk diameter of at least three-quarters (3/4) inch as measured one (1) foot above the ground, (fifteen gallon minimum size container).

            j.  Ground cover shall be spaced to allow for complete fill-in within one (1) year of the date of planting.

            k.  All shrubs not used for ground cover shall be at least (5) gallons in size.

            l.  Adequate soil preparation in accordance with accepted landscape industry  practices shall be required.

            m.  All landscaping shall be maintained in good growing condition by the developer or the homeowners association.

415.11  Non-Residential Use.   Non-residential uses shall not be permitted in a multi-family development. Such ancillary facilities as laundry areas, service buildings, recreational facilities or similar uses for the sole use of the residents of the project shall be permitted.

415.12  Conversions of Existing Structures.  Conversions of motels, hotels, or other existing structures to multi-family dwelling use, regardless of  whether such conversions involve structural alteration, shall be considered land developments and shall be subject to the provisions of this Section 415. If the proposed project does involve structural alterations, the Preliminary Plan shall include a certification of a registered architect or engineer that the existing building is structurally sound and that the proposed conversion will not impair structural soundness.

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Section 416 Bus Shelters

Bus shelters are permitted as conditional uses in all Districts. In addition to all other applicable local and state standards and regulations, the following additional standards shall apply to bus shelters:

416.1  Permit.  A permit shall be required for the erection of a bus shelter and application shall be made by the owner of the property upon which the shelter is proposed to be located. Said application shall be processed in the manner provided by this Ordinance for conditional uses.

416.2  Plan.  The application shall include a plot plan of sufficient detail to accurately show the location of the shelter in relation to property lines and any affected road rights-of-way.

416.3  Use and Removal.  No bus shelter shall be used for any other use, and all bus shelters shall be removed when the use of such shelter is no longer required due to a change in bus routes or stops, or due to lack of passenger demand at the shelter site.

 416.4  Location.  Bus shelters shall not be located in such manner that would cause a bus to stop in such manner that would create a dangerous condition affecting the passage of other vehicles on the same road or at any intersection.

416.5  Setbacks.  Bus shelters shall not be located less than twenty-five (25) feet from the paving edge of any of any public or private road.

416.6  Visibility.  No bus shelter shall be located in such a manner that would violate the clear sight triangle requirements of Section 403.3 of this Zoning Ordinance or any other local or State standards for sight distances.

416.7  Signs.  No sign or any other type of advertising shall be placed upon any part of a bus shelter.

416.8  Size.  A bus shelter shall not exceed one hundred and fifty (150) square feet in floor area and the maximum height of a bus shelter shall not exceed eight (8) feet.

416.9  Construction/Maintenance.  All bus shelters shall be constructed of durable materials meeting the construction standards for residential garages as provided by the Dingman Township Building Code except that a bus shelter may be erected on a slab of reinforced concrete six (6) inches in depth. One side of said bus shelter shall remain open and not enclosed by a wall or door.

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Section 417 - Shopping Centers and Malls

1.  It is the intent of this Section to provide standards for the flexibility of design of shopping centers and malls (hereinafter referred to as "establishments") while at the same time, to assure the compatibility of the commercial development with the surrounding rural character of Dingman Township and market needs of the area.

This shall be accomplished by: Siting buildings, parking areas and other facilities and improvements based upon the particular topography of the development site;

2.  Conserving environmentally sensitive areas such as wetlands and steep slopes;

3.  Providing safe and convenient access from the public right-of-way based on the existing area-wide traffic circulation pattern and the expected traffic generated by the proposal;

4.  Designing parking areas to complement patterns of traffic flow and providing adequate off-street parking for establishment patrons;

5. Maintaining  natural vegetation to the greatest extent  possible and proving landscaping as an integral part of the overall design of the establishment and parking areas;

6.  Considering the impact of stormwater, noise, traffic and lighting on surrounding land uses and providing buffers to minimize adverse impacts;

417.1  Conditional Use and Land Development.  Any proposed establishment shall be considered a conditional use and shall in addition to the conditional use criteria in Section 404, the commercial standards found in Section 409, and other applicable requirements of this Ordinance, be subject to the requirements of this Section 417.

Said proposal shall also be considered a "land development" as defined by the Pennsylvania Municipalities Planning Code and the Township Subdivision and Land Development Ordinance and shall comply in all respects with all the requirements for plan submission and content for land developments contained therein, as well as providing the information which follows: (The Township may also require any additional information, studies or reports as it deems necessary to meet the intent of this and other Township Ordinances.)

            a.  Location, widths, and names of all existing or prior platted streets and utility rights-of-way, parks, and other public open spaces , permanent buildings and structures, houses or permanent easements, and municipal boundary lines, within five hundred (500) feet of the tract;

            b.  A traffic flow chart showing circulation patterns from the public right-of-way and within the confines of the project site.

            c.  Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes.

            d.  Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays, angle of parking.

            e.  Location, arrangement, and dimensions of truck loading and unloading spaces and docks.

            f.  Location and dimensions of pedestrian entrances, exits, walks.

            g.  Location, height, and materials of walls, fences, screen plantings and other landscaped areas.

            h.  Preliminary architectural drawings for all buildings.

            i.  Location, size, height, and orientation of all signs other than signs flat on building facades.

417.2  Ownership  -  The site proposed for establishment shall be held in single ownership or in unified control; and the applicant shall provide to the Township evidence of said ownership and/or control.       

417.3   Market Analysis  -  In order to assure that the commercially zoned districts in the Township are committed to development which best provides for the public interest and community welfare, the Township, as part of the conditional use process, may require the applicant to submit a market analysis which shall contain the following information:

            a.  Trade area of the proposed establishment.

            b.  Population of the trade area, present and projected.

            c.  Effective buying power and/or office space demand in the trade area, present and projected.

            d.  Net potential customer buying power and/or office space demand for space in the proposed establishment, and on the basis of such buying power and/or office space demand, the recommended store and office types and floor areas.

            e.  Residual amount of buying power and/or office space demand and how it may be expected to be expended in existing business areas serving the proposed trade area.

            f.  Any other information deemed necessary by the Township to assess the subject proposal.

417.4  Parcel Size.  The minimum parcel size for an establishment shall be one (1) acre.

417.5  Maximum Lot Coverage.  The maximum lot coverage of the site shall not exceed that established for the NC District. Areas to be included in the lot coverage are all areas covered by buildings, parking areas, access roads, walkways of any construction type, on-site sewage disposal systems stormwater management facilities, and any other impervious surface.

417.6  Setbacks.  All structures proposed as part of the establishment shall, at a minimum, comply with the setbacks established for the subject District or as may otherwise be required by the Township in accord with this Ordinance.

417.7  Street and Parking Area Improvement.  All streets proposed as part of the development shall comply with the design standards for streets pursuant to Section 703 of the Township Subdivision Ordinance and the sub-grade and base of all parking areas and driveways shall be constructed in  accord with Section 703.4 of the Subdivision Regulations. The completed base of all streets (to the width of the cartway), parking areas, and driveways shall be topped with a base course of ID2 bituminous material meeting the Pennsylvania Department of Transportation, Form 408 specifications to a depth of one and one-half (1 - 1/2) inches. A final wearing course of ID2 bituminous material meeting  Form 408 specifications to a compacted depth of one (1) inch shall then be applied to all streets (to the width of the travelway), parking areas and driveways. Shoulders shall be Type Seven as set forth in Form 408. Parking areas and driveways shall be designed to provide adequate drainage.

417.8  Tenant Information and Approvals.  The prospective uses of each tenant space in a proposed Shopping Center or Mall shall be identified by individual use classifications provided on the Schedule of District Regulations (e.g. Specialty Shop, Business and Professional Office, Service Establishment).  Such identification shall be made at the time the Conditional Use application is submitted and used for purposes of evaluating cumulative traffic impacts, parking requirements and other design needs having a bearing  upon the imposition of conditions attendant to Conditional Use and land development approvals.  Subsequent changes in proposed tenant uses by use class shall require plan modifications as provided in this Ordinance and in the Township Subdivision and Land Development Ordinance.  Changes in tenant uses subsequent to plan approvals shall be subject to Section 705.4 of this Ordinance.

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Section 418 - Environmental Impact Statement

An environmental impact statement (EIS) may be required for the following proposed developments and uses:

            1.  Industrial parks

            2.  Manufacturing or industrial uses

            3.  Junkyards

            4.  Natural resource uses

            5.  Natural resource uses processing

            6.  Agricultural products processing

            7.  Solid waste facilities and staging area

            8.  Warehouses and trucking terminals

            9.  Any use involving the initial or cumulative disturbances of 87,120 or more square feet of soil surface areas                                               

            10. Any use involving the initial or cumulative construction, installation and/or placement of 43,560 square feet or more of buildings, structures or other impervious surface areas

            11. Any use involving development in any floodplain area

            12. Any commercial use permitted in the CP - Conservation and Parks District which is governed by Section 423 of this Zoning Ordinance.

The requirements of this Section shall also be applied to any other proposed use, which for reasons of location, design, existing traffic or other environmental  considerations, as determined by the Township, warrants the application of the study and development standards contained herein.

418.1  Purpose of EIS.  The purpose of this EIS is to disclose the environmental consequences of a proposed action for consideration by the Township for the determination of approval or denial of the project, and, if the project is approved, for the establishment of conditions of approval. This requirement is made in order to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of all kinds, flooding and waste disposal and to preserve trees and vegetation, to protect water courses, air resources and aquifers.

418.2  Contents of EIS.  An Environmental Impact Statement shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts; and said proposal shall comply with all other standards included in this Ordinance and other Township Ordinances:

            a.  Soil Types

                        1.  USDA soil types shown on map, and discussion of same with regard to permeability of soil on the site, the rate of percolation of water through the soil and how the soil will effect sewage disposal, stormwater control and building stability.

            b.  Surface Waters

                        1.  Distance of site from nearest surface water and head waters of streams.

                        2.  Sources of runoff water.

                        3.  Rate of runoff from site.

                        4.  Destination of runoff water and method of controlling downstream effects.

                        5.  Chemical additives to runoff water resulting from the site.

                        6.  Submission of an erosion and sediment control plan meeting the requirements of         the PA DEP and the Pike County Conservation District.

                        7.  Said information shall be set forth in a storm water management plan meeting the requirements of the Township Subdivision Ordinance.

            c.  Ground Cover Including Trees

                        1. Extent of existing impervious ground cover on the site.

                        2. Extent of proposed impervious ground cover on site.

                        3. Extent of existing vegetative cover on the site.

                        4. Extent of proposed vegetative cover on the site.

            d.  Topography

                        1. Maximum existing elevation of site.

                        2.  Minimum existing elevation of site.

                        3.  Maximum proposed elevation of site.

                        4.  Minimum proposed elevation of site.

                        5.  Description of the topography of the site and any proposed changes in topography.

            e.  Ground Water Characteristics

                        1.  Average depth to seasonal high water table.

                        2.  Minimum depth to water table on site.

                        3.  Maximum depth to water table on site.

                        4.  Quality

            f.  Water Supply

                        1.  The source and adequacy of water to be provided to the site.

                        2.  The expected water requirements (g.p.d.) for the site.

                        3.  The uses to which water will be put.

            g.  Sewage System

                        1.  Sewage disposal system (description and location on the site, of system).

                        2.  Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemical).

                        3.  Expected daily volumes of sewage.

                        4.  Affected sewage treatment plant's present capacity and authorized capacity.

            h.  Solid Waste

                        1.  Estimated quantity of solid waste to be developed on the site during and after construction.

                        2.  Method of disposal solid waste during and after construction.

                        3.  Plans for recycling of solid waste during and after construction.

            i.  Air Quality

                        1.  Expected changes in air quality due to activities at the site during and after construction.

                        2.  Plans for control of emissions affecting air quality.

            j.  Noise

                        1.  Noise levels, above existing levels, expected to be generated at the site, (source and magnitude), during and after construction.

                        2.  Proposed method for control of additional noise on site during and after construction.

            k.  Impact of Proposed Use.

            A description of the impacts on the environment and mitigating factors shall be provided for the following:

                        1.  Existing plant species and effects thereon.

                        2.  Existing animal species and effects thereon.

                        3.  Existing wildfowl and other birds and effects thereon.

                        4.  Effects on drainage and runoff.

                        5.  Effects on groundwater quality.

                        6.  Effects on surface water quality.

                        7.  Effects on air quality.

                        8.  Alternatives to proposed development, consistent with the zoning of  the tract.

                        9.  Effects on sites of historic significance.

                        10. Community and social impacts.

            l.  Critical Impact Areas

            In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment.

                        1.  Critical impact areas include, but are not limited to stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible  soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.

                        2.  A statement of impact upon critical areas and of adverse impacts which can not be avoided.

                        3.  Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.

                        4.  A list of all licenses, permits and other approvals required by municipal, County, or State law and the status of each.

                        5.  A listing of steps proposed to minimize environmental damage to the site and region during and after construction.

            m.  Law Enforcement

            The Environmental Impact Statement shall also include an analysis of the existing law enforcement capabilities of the Township and State; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by development.

            n.  Additional Requirements

            In addition to the above requirements, the Planning Commission and/or Board of  Supervisors may require such other information as may be reasonably necessary for the Township to evaluate the proposed use.

            o.  Qualifications

            The EIS shall be prepared by a professional architect, landscape architect, planner, engineer or other qualified individual whose qualifications have been previously approved by the Board of Supervisors.

            p.  Procedures for Evaluating the Environmental Impact Statement Shall be as follows:

                        1.  Upon receipt of the application the Secretary of the Planning Commission shall forward the EIS to the Township Engineer and any other Agency or firm which the Planning Commission may desire for consultation.

                        2.  The above mentioned Agencies shall review the applicant's EIS and shall report its comments to the Planning Commission and Board of  Supervisors.

                        3.  The Planning Commission and/or Board of Supervisors may require the opinion of experts in their review of  the EIS.

                        4.  Fees for the costs of such consultation as described in Subsections "a" and  "c"  above shall be paid by the applicant.

                        5.  Copies of the Environmental Impact Statement shall be on file and available for inspection in the Township office.

                        6.  The Planning Commission shall evaluate the proposed project and the EIS and recommend action on same to the Board of Supervisors.

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Section 419 - Traffic Study

Certain development proposals are hereby classified as having major impacts on the road system in the Township. Such proposals shall be considered conditional uses and shall be subject to additional review criteria and development standards so that such concerns may be adequately addressed.

In cases where, upon the determination by the Township, the proposed establishment would have a significant traffic impact on the area road network, the Township shall, as part of the conditional use process, require the applicant to submit a traffic impact study. The Board of Supervisors shall use the results of the study  as a basis for establishing conditions of approval which will mitigate to the greatest extent possible any impacts identified.

The classification as a conditional use and the requirement for the submission of a traffic study by the developer shall be determined from estimated project trip generation rates.

A traffic study shall be required:

1.      for any use established after the effective date of this Ordinance which will generate more than two hundred fifty (250) trip ends per day; or,

2.      for any use established after the effective date of this Ordinance which will generate more than twenty-five (25) trip ends per day of trucks of a commercial or heavier class; or,

3.      for any expansion, which takes place after the effective date of this Ordinance, of an existing use which causes the resulting, expanded use to generate the level of trip ends set forth in sections 1 or 2 herein; or,

4.      for the expansion of a use for which a traffic study has previously been provided where such expansion alone, or when combined with previous expansions, will generate an additional two hundred fifty (250) or more trip ends per day or twenty-five (25) or more trip ends per day of trucks of a commercial or heavier class.

These requirements shall not apply to any subdivision or other land development of less than 25 lots or units.

The requirements of this Section shall also be applied to any proposed use, which for reasons of location, design, existing traffic or other environmental  considerations, as determined by the Township, warrants the application of the study and development standards contained herein. Any commercial use permitted in the CP - Conservation and Parks District which is governed by Section 423 of this Zoning Ordinance may also require a traffic study as part of the conditional use application.

The number of trip ends shall be estimated by applying the following trip generation rates (Adapted from "Trip Generation Institute of Transportation Engineers, 1987" ) to the proposed use:

                        USE                                         TRIP ENDS PER DAY

Resort / recreation housing with             11.8 per dwelling unit

transient occupancy

Single-family residential units,                10.1 per dwelling unit

or subdivisions

Two family and Multi-family                              10.1 per dwelling unit

residential uses

Mobile home parks and other               7.6 per dwelling unit

residential uses

RV parks and campgrounds                              10.4 per campsite

Hotel, motel, or other lodging                            13.4 per sleeping unit

houses

Commercial recreation space                            5.4 per vehicle parking

Boat liveries                                                      10.0 per boat berth

Office buildings                                                 28.8 per 1000 GSFBA*

Multiple occupant commercial and                    50.9 per 1000 GSFLA**

shopping centers

Medical office buildings                                     99.0 per 1000 GSFBA*

Restaurants                                                       139.3 per 1000 GSFBA*

Fast Food drive-through restaurants                  828.0 per 1000 GSFBA*

Car sales facilities                                             79.0 per 1000 GSFBA*

Convenience store                                            351.7 per 1000 GSFBA*

* GSFBA = gross square feet of building area: The sum of the area at each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (6 feet, 6 inches) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered as part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, shall not be included in the area calculation. For purposes of the trip generation calculation, the gross area of any parking garages within the building shall not be included within the gross area of the entire building.

**  GSFLA  =  gross square feet of leasable area:  The total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, and measured from the centerline of joint partitions and from outside walls.

Where doubt exists as to the applicable standard, or a specific use is not listed above, the aforementioned "Institute" publications shall be consulted and the final determination made by the Board of Supervisors. Development proposals involving more than one of the above uses shall be evaluated by summing the rates and calculations for each individual use.

The transportation impact report is designed to identify the transportation (traffic) impacts and problems which are likely to be generated by the proposed use as well as improvements required to ensure safe ingress to and egress from the development, maintenance of adequate street capacity and elimination of hazardous conditions.

The transportation impact report shall include the following:

            a.  A detailed description of the highway network  within one mile of the site including all intersections, and railroad grade crossings, proposed ingress and egress locations, existing roadway widths and right-of ways and existing traffic control devices.

            In cases where the development has direct access to a road other than an arterial or collector, the detailed description shall be made to include one (1) mile beyond the intersection with the next collector or arterial.

            b.  A detailed description of existing traffic conditions for all roads which have direct access to the proposed development site, including assembly of average daily traffic data accumulated by the Pennsylvania Department of Transportation since 1970 and a map plotting of all highway accidents of which the Department has record as well as an analysis of the causes of such accidents. A  24  hour traffic count may also be required for a period of  7  consecutive days on each road with direct access. The existing average daily traffic volume and the highest average peak hour volume  for any weekday hour between 3 PM and 6 PM or any       weekend hour between 10 AM and 10 PM shall be recorded. Seasonally adjusted figures based on patterns observed by the Department shall also be prepared.

            c.  A calculation of estimated ADT after development based on the trip generation rates contained in the above table. Estimates shall also be made of the peak hourly traffic volumes for 3 PM to 6 PM on weekdays and 10 AM to 10 PM on weekends.

            d.  Highway and intersection capacities (maximum safe traffic volumes) shall be determined for each of the roads with direct access to the proposed development.

            This portion of the report shall be prepared in consultation with the Township     Engineer, who shall, in turn, consult with the Pennsylvania Department of     Transportation regarding roads under Commonwealth jurisdiction. Critical elements to be considered in these calculations are:  land and shoulder widths, restricted clearances, passing distances, percentages of trucks or buses, grades, average speeds and restrictions, numbers and characters of driveways and private accesses, percentages of right-hand and left-hand turns, alignment, roadway surfacing and general condition of the highway.

            e.  Projected total future traffic demands (during peak periods and on an average basis) shall be calculated for all roads with direct access to the proposed development.

            This demand shall consist of existing traffic volume plus an assumed normal increase of traffic volume of one percent per year and the anticipated traffic for the proposed development. Peak traffic demands for each road and each intersection shall be compared with capacity figures. Should peak traffic  demand following completion of the development or five years from the date of application (whichever would occur later) be projected to exceed capacity, the roadway or intersection shall be considered deficient and the development shall not be permitted unless the applicant/developer makes the road improvements necessary to increase the capacity sufficiently to accommodate the traffic from the proposed development or provides a financial guarantee suitable to the Board of Supervisors to ensure the completion of such improvements.

            f.  For proposed uses that involve the use of heavy trucks as an integral part of the operation of the use or involve the sale or purchase of goods or products that   require the use of a large volume of heavy trucks, the impact report shall include an analysis of the capabilities of the roads servicing the proposed use to carry the weight and volume of the truck traffic anticipated. Such analysis shall include an    evaluation of the cross-section construction of said roads including drainage, base material, binder material and wearing course as well as construction of shoulders. The report shall also include a statement setting forth the types, gross weights            (loaded) and numbers of trucks involved with the proposed use. No use shall be permitted that will result in the accelerated deterioration of any public road servicing the proposed use.

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Section 420 - Flea Market and Garage Sales

420.1  Definitions

For purposes of this section, the following definitions shall apply:

FLEA MARKET - A sale of items of tangible personal property wherein, on one (1) location, there are multiple vendors occupying spaces allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.

GARAGE SALE - Includes but shall not be limited to lawn sales, attic sales, rummage sales and any similar casual sale of tangible personal property owned by person(s) which takes place on lands owned by said person holding the sale and which is advertised by any means whereby the public at large is or can be made aware of said sale. This section shall not apply to the sale of all or substantially all of the contents of a home through an estate sale or similar sale or to the close out sale of a business.

420.2  Flea Markets

No person, firm or corporation may conduct, organize, sponsor or otherwise manage a flea market unless it does so pursuant to the following requirements:

            A.  Each such entity desiring to conduct a flea market shall, at least thirty (30) days prior to such sale file with the Township Zoning officer an application for same on a form provided by the Township.

            B.  The Application shall set forth the following:

                        (1)  Name of the sponsoring organization

                        (2)  Name of the owner and location of the property upon which the sale is to be held

                        (3)  Written consent of the owner if different from the applicant

                        (4)  Number of days and dates of the sale

                        (5)  Date, if any, of prior sales with the past calendar year by the same applicant(s) or on the same lot or parcel of land

                        (6)  Whether or not the sale will be indoors or outdoors

                        (7)  Adequate provisions for off street parking for the sale

                        (8)  A statement that the information contained in the application is true and correct made pursuant to the provisions of the false signing law.

            C.  No fee shall be required of any such organization or participant to be paid to the Township for conducting of the sale when such sale occurs less than three (3) times in any twelve (12) month period. A special permit will be issued by the   zoning officer for such an operation. The flea markets permitted by this section   may take place in any district.

            D.  Any organization or participant desiring to hold a flea market three (3) or more times in any twelve month period shall apply for a conditional use permit    and pay the fees established for such an application. The flea markets permitted under this section shall be permitted in the Resort Commercial and Neighborhood Commercial Districts only.

            E.  Flea Markets shall be conducted only between the hours of 9:00 AM and 5:00 PM. Permittees shall be permitted two (2) rain days provided the sale is not open for business at all on the day(s) affected by rain.

            F.  The permit for the conducting of such sale must be prominently displayed upon the premises upon which the  sale is held throughout the entire period of the sale.

420.3  Garage Sales.

Any person, partnership, corporation or other entity may conduct a garage sale, as defined herein, in any district under the following terms and conditions:

            A.  An application shall be filed with the Township Zoning officer at least ten (10) days prior to the commencement of such garage sale and before any public advertising of such sale may commence. The application shall be on a form provided by the Township and shall set forth the following:

                        (1)  Name and address of the applicant

                        (2)  Location of the sale

                        (3)  Date of the sale

                        (4)  Date of any other such sales held by the same party within the preceding twelve (12) month period by the same applicant(s) or on the same lot or parcel of land

                        (5)  Certification that the goods for sale were not purchased by the                                            applicant for purposes of resale

                        (6)  Sworn statement that the information contained in the application is true and correct made pursuant to the provisions of the false signing law.

            B.  Upon the filing of said application it shall be reviewed by the Township Zoning Officer and if found to be complete and accurate, the Zoning officer may   issue the permit which shall be subject to the following restrictions:

                        (1)  Hours of sale shall not exceed 9:00 AM to 5:00 PM

                        (2)  Such permit shall be issued to any one person or group of persons or for any one lot or parcel of  land only four (4) times within the calendar year and no such permit shall be issued for more than a two (2) consecutive day period; provided, however, that where the sale is to be conducted on a Saturday and Sunday and the sale is completely postponed (for either or both days) because of inclement weather, the sale may be held on the same days of the following weekend. When the sale is being held during the week and such a weather related postponement occurs, the applicant may hold the sale on the next day with appropriate weather.

                        (3)  The permit issued for each such sale must be prominently displayed on the premises upon which the  sale is held for the entire period of the sale.

                        (4)  All signs advertising the sale shall be posted only on the lot or parcel of land upon which the sale is to be held and no earlier then one week before the sale. Any sign posted in conjunction with the sale shall be removed from public view within twenty four (24) hours of completion of the sale.

                        (5)  No fee shall be required of any such organization or participant to be paid to the Township for the conducting the sale.

420.4  Restoration of  Premises upon Completion of Sales.

Immediately upon the conclusion of any sale authorized by this section, the permittee shall be required, within twenty four (24) hours of completion of the sale, to clean up the sale premises and remove any unsold goods therefrom and restore the site to its original condition prior to the sale.

420.5  Exception to Provisions

The provisions of this section shall not apply to affect the following:

            A.  Persons selling goods pursuant to court order on premises of the creditor or debtor.

            B.  The sale of an item or items of personal property pursuant to newspaper advertisement wherein such item or items are specifically described in the advertisement, they do not exceed five (5) in number, they are not displayed outside the building on the premises and no signs are posted on the premises referring to same.

420.6  Violations and Penalties.

Any person, association, partnership, corporation or other entity who shall violate any of the provisions of this ordinance is subject to revocation of their permit and shall also, upon conviction of any violation hereof, be subject to a fine not to exceed six hundred ($600.00) dollars per day for each violation. Each day upon which a violation occurs shall be considered a separate violation.

420.7  Enforcement

Notwithstanding any law to the contrary, this ordinance shall be enforced by the Township Supervisors or their designee.

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Section 421 - Model Homes

421.1   Procedures

(a)        The placement of a model home or homes on a parcel or parcels of land shall be considered a Land Development and shall comply with the requirements of the Dingman Township Subdivision and Land Development Ordinance. Model Homes shall be treated as conditional uses.

(b)        If approval is granted for the placement of a model home or homes, an annual permit shall be required. Requests for such permit shall be submitted annually to the zoning officer and shall be granted upon inspection by him to confirm compliance with all required standards. If the model home is found to be in violation of any required standards, the permit shall be revoked until compliance is achieved.

(c)        If approval is granted for the placement of a model home or homes, the owner shall be required to provide security or bond to cover removal cost of a model home upon expiration of the annual permit or upon continued violation of the required standards. Said security shall be in a form approved by the Township.

421.2   Criteria

(a)        Model Homes shall be permitted only on the same parcel or parcels with a sales office or developer's office.

(b)        Model Homes shall not be placed on permanent foundations.

(c)        Model Homes shall not be served by any water supply nor sewage disposal facilities.

(d)        Model Homes shall comply with the yard and height requirements for principal commercial structures and shall be included in the maximum lot coverage requirement. No model home shall be located closer than twenty (20) feet to any other model home or principal structure; said setback requirement being for safety purposes and being in addition to the standard yard requirements from all property lines.

(e)        Model Homes shall comply with the Dingman Township Building Regulations and the current BOCA Code.

(f)         No Model Home shall be used as an office.

(g)        Model Homes may include all stick built houses and all manufactured houses which can meet these requirements.

(h)        In the case of manufactured or modular houses, the township may require sufficient area on site for the storage  of manufactured units during the time period between delivery from the factory and installation on the lot.

(i)         The provisions of Section 421 shall not apply to houses built or installed by the builder or developer for residential purposes on a single lot which is intended for sale as a residence, even though such house may be shown as a model by the builder or developer pending its sale.

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Section 422 - Public and Commercial Boating Access Areas and Boat Liveries

It is the intent of this Section 422 to limit overuse and regulate watercraft access areas to water-bodies in order to preserve water quality, control litter and afford protection of private property; and to recognize the fragile environment of aquatic and riverine systems and protect the said systems for the long term public welfare; and to regulate boat liveries. This Section shall not prevent the incidental use of  private property with direct access to a public waterbody for the launching of private watercraft; or for the launching of minimal numbers of watercraft as an ancillary use to any large hotels, motels, inns, and resorts approved in accord with this Zoning Ordinance, and said watercraft  solely for the use of registered, overnight  guests.

A.        No boat access area or boat livery shall be constructed unless such access area is  or will be served by a State or Township right-of-way or by a private road meeting the design standards specified in the Township Subdivision and Land Development Ordinance.

B.         No access area or livery shall be planned or located within one (1) mile of any   other existing or approved access area which is located in Pennsylvania.

C.        An access area may also include ancillary services or facilities such as, by way of example only, base operations for watercraft rentals or retail sales.

D.        Boat access areas and liveries shall be permitted only on parcels fronting the body of water on which the boats will be used and the minimal parcel size shall be five (5) acres.

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Section 423 - Commercial Uses in the CP - Conservation and Parks District

The intent of this Section 423 is to provide standards for commercial uses on private lands in the CP - Conservation and Parks District.  The Township recognizes the existence of public lands in the CP District and the significance of those lands to the public welfare in general and specifically to the local environment and rural character of the Township.  Concurrently, the Township acknowledges the  right of reasonable development of private lands when such development can be undertaken without jeopardizing the aforestated public interest.  The standards in this section 423, along with the uses permitted in the CP District, are intended to strike the balance between development rights and the Township's mandate to protect the public interest.

423.1   Application of Standards

The standards in this Section 423 shall apply to all commercial uses in the CP District, including development of new uses; additions or expansions of existing uses; and additions, expansions, changes or restorations of non-conforming uses.  All such activities shall be considered conditional uses.  This Section 423 shall not apply to residential uses or agricultural uses.

423.2   Parcel Size

The minimum parcel size for any commercial operation in the CP district shall be five (5) acres unless provisions of this Zoning Ordinance specifically require a larger parcel size; or, the application of the standards contained in this Ordinance or any conditions of approval dictate a larger parcel size.

423.3   Environmental Impact Statement

All commercial uses in the CP District shall require an Environmental Impact Statement (EIS) in accord with Section 418 of this Zoning Ordinance. In addition to the information required by Section 418, the EIS shall specifically address the following:

A.        The potential effect on the use of any of the surrounding or neighboring property which is publicly owned.

B.         Any significant historical and archeological resources on the project site and the effect on same.

C.        Identification and effect on any rare, threatened or endangered species of flora or fauna.

D.        The ability of local emergency services organizations to serve the proposed use and how the developer will address any deficiencies of the same.

423.4   Traffic Study

As part of the conditional use application, the Township may require the applicant to submit a traffic study in accord with Section 418 of this Ordinance. If the traffic study indicates that the public road is not adequate to meet the traffic demands of the proposed use, the applicant shall be  responsible for making the necessary improvements to upgrade the road to a "Level - of - Service C" as defined by the most current design and construction material standards of the Institute of Traffic Engineers, the Pennsylvania Department of Transportation or the Township, whichever is greater.

423.5   Public Agency Review

The conditional use application shall be submitted by the applicant to the public agency which owns or is responsible for any surrounding or neighboring public land. The applicant shall submit the application and all supporting documentation to the said public agency by certified mail within ten (10) days of when it is submitted to the Township. The applicant shall provide to the Township proof of such service. The Board of Supervisors shall take no action on the application until such time as any comments are received from the agency, or upon the expiration of forty-five (45) days from the date the application was mailed to the agency, whichever shall first occur.

423.6   Building Location

All buildings and structures shall be designed, sized and located on the site to be screened from view from any public water-body and adjoining properties. The screening may be accomplished in the following priority:  1) by use of existing topography and/or vegetation,  2) increased setbacks,  3) constructed buffers and planting strips,  4) other suitable method only as necessary and as approved by the Township. Disturbance of existing vegetation and soil on the site shall be minimized. The Township may require such plans drawings, renderings, studies and other information as may be required to confirm compliance with the standards of this Section 423.6.

423.7   Conditions of Approval

In cases where the Township determines that a proposed use may have an adverse effect upon any identified features of the site or on the use of any public land in the CP District, the Township shall, if the application is approved, establish such conditions as may be necessary to mitigate such effect. Such conditions may, by way of example only, include the following:

A.        Increased setbacks

B.         Landscaped buffers

C.        Fencing

D.        Special site designs

E.         Architectural design of buildings and structures as may be recommended by a reviewing agency in accord with Section 423.5 above

F.         Hours of operation

G.        Restricted size and number of signs

H.        Limitations on removal of natural vegetation

I.          Limitations on soil disturbance

J.          Reduction of permitted lot coverage

K.        Preservation of significant site features identified by the Township or any agency in accord with Section 423.5

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Section 424 - Bed and Breakfast Establishments

Bed and breakfast establishments are classified as conditional uses in all Districts except the ND2 - Limited Neighborhood Development where they are not permitted and FP - Floodplain Districts where they are permitted as special exceptions when created in a pre-existing structure and may be permitted but only when in accord with the following standards.  The commercial standards set forth in Sections 409 and 423 shall not apply to bed and breakfast establishments:

A.        Adequate off-street parking is provided in accord with Article VI of this Ordinance, with the minimum number of parking spaces provided as follows: one (1) space for each rentable room; one (1) space for each non-resident employee, and two (2) spaces for the dwelling unit.  Loading and unloading space shall not be required for a bed and breakfast establishment.

B.         Adequate and approved sewage disposal shall be provided in accord with PA   DEP and Township requirements.

C.        Not more than five (5) rentable rooms are provided in the establishment.

D.        The owner or manager of the bed and breakfast must reside on the premises and all occupants other than the owner or manager must be transient and non-permanent in nature.

E.         Not more than two (2) non-resident employees shall be permitted.

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Section 425 - Prohibited Uses

A.        The incineration, reduction or storage of offal, animals, or similar objectionable   materials.

B.         The manufacture of gunpowder, fireworks or other explosives.

C.        Heliports or helipads, public or private.

D.        Any use which violates local, state or federal laws regarding pornography or obscenity.

E.         Any use which does not comply with federal, state or local laws or regulations   concerning health, noise and pollution.

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Section 426 - Residential Subdivision Facilities and Amenities

1.         Residential subdivision facilities and amenities shall be considered Conditional Uses in all Districts.  Such facilities shall be similar to but not be limited to maintenance buildings, electrical substations, sewage treatment plants, meeting halls or clubhouses, community snack shops, recreation halls, swimming pools, beach and boating areas, tennis and basketball courts, athletic fields, and security or guard houses.  The development of land for the purpose described herein shall be subject to the standards applicable to other similar uses set forth elsewhere in this ordinance or subject to standards adopted by the Supervisors at the time of the Conditional Use Hearing.  Such uses shall also be subject to the following standards:

            a.         The facilities and amenities shall only be permitted within the property lines of the subdivision.

            b.         The facilities and amenities shall be for the exclusive use of the residents of the subdivision and their guests.

            c.         The facilities and amenities shall be located on property owned by the property owners association of the subdivision and shall be under the association's operation and control.

            d.         The Supervisors may require such set backs, screening and other protective devices as they may deem appropriate in individual cases.

e.      Security or guard houses may be placed in road rights-of-way as needed.

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Section 427 - Timber Harvesting

427.1   Timber harvesting shall be a permitted use in all districts.

427.2   The Applicant shall submit, along with its application under this ordinance, a Soil Erosion and Sedimentation Control Plan which has been approved by DEP and/or the Pike County Soil Conservation District.

427.3   Access to state and local highways by vehicles engaged in timbering activity shall only be at locations for which highway occupancy permits have been obtained from the Township or state, as necessary.  All seasonal weather restrictions on Township roads must be followed.  The loading or unloading of timber trucks must take place outside of the road right of way of any public or private roads.  Flagman and warning signs must be utilized when required by the road occupancy permit.

427.4   The Applicant shall submit a plan showing that the timbering harvesting operation will be performed in accordance with Penn State’s Best Management Practices for Timber Harvesting.  The certification of a Professional Forester or Forest Technician that the plan conforms to these standards must be submitted with the application.  The Applicant shall also submit a current USGS topographic map of the site, a copy of the recorded deed to the property and proof of liability insurance of at least $1,000,000 for general liability.  The Applicant must maintain a suitable set back of undisturbed woodland on any portion of the property that abuts a residential use or public roadway.  The size of that set back shall be determined by the Township based upon the size of the parcel.  For any parcel more than one (1) acre the set back shall be twenty-five (25) feet.  For any parcel less than one (1) acre the set back shall be fifteen (15) feet.

427.5   Hours of operation shall be Monday through Friday beginning no earlier than 8 a.m. and ceasing no later than 5 p.m.

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Section 428 - Communications Towers and Antennas

A.    Special Definitions

For purposes of this Ordinance and this section, the following special definitions shall apply:

ANTENNA - A device licensed by the Federal Communications Commission (“FCC”) used to collect or transmit communications, radio, television, or other wireless signals.  This shall not include private  residence mounted satellite dishes or television antennas or amateur radio equipment.

COMMUNICATIONS EQUIPMENT BUILDING - The building in which the electronic receiving and relay equipment for a communications facility is housed.

COMMUNICATIONS FACILITY - Consists of the equipment and structures involved in receiving or transmitting telecommunication or radio signals or supporting the stand-alone placement of antenna, but limited to those facilities with respect to which the State and Federal governments have not, under public utility laws, strictly pre-empted the Township from regulating.

COMMUNICATIONS TOWER - A structure that is intended to support equipment used to transmit and/or receive communications signals.  Examples of such structures includes monopoles and lattice construction steel structures.

DISTRIBUTED ANTENNA SYSTEM – A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. A distributed antenna system may also known as DAS or Small Cell Tower.

DISTRIBUTED ANTENNA SYSTEM POLE – A pole or other structure designed and permitted for the sole purpose of supporting the antenna(s) of a Distributed Antenna System.

HEIGHT OF COMMUNICATIONS TOWER - The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

B.    Design and Location Standards

The following design and location standards shall apply to all communications facilities except Distributed Antenna Systems:

1.      The applicant shall demonstrate compliance with all pertinent laws and regulations of the FCC and the Federal Aviation Administration. (“FAA”).

2.      An evergreen screen consisting of a row of eight (8) feet high or higher White Spruce or comparable evergreen trees planted ten (10) feet on center maximum, shall be located around the perimeter of the security fence.  The Township may, however, modify or waive screening requirements if the site is entirely or partially wooded as to provide existing screening.

3.      An eight (8) foot high security fence shall completely surround the tower (and guy wires if used) and equipment building.

4.      The tower and antenna and any future installations on the structure or at the site shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F manual, as amended, and withstand gusts of up to 100 miles per hour.

5.      A soil report prepared by a Professional Engineer shall be submitted to the Township to support the design specifications of the foundation and tower, and anchors for the guy wires, if used.

6.      An antenna may not be located on a building or structure that is listed on a historic register or within five-hundred (500) feet of such a structure except as a Conditional Use.

7.     [number not used.]

8.     Communications facilities shall be permitted as a sole use on any lot subject to the following development standards:

a.      Minimum lot size (entire tract)         Five (5) acres

b.     Minimum setback requirements       Two-hundred (200) feet (all sides)

c.      Maximum height                             Tower  -  Two-hundred (200) feet

                                                            Equipment building - Thirty (30) feet

Provided no residences directly adjoin the site, minimum setback requirements may be reduced to the fall-down limit plus fifteen (15) feet, where the net effect of requiring the full setback would be to necessitate additional lighting or tower height.  Maximum height requirements may be exceeded , provided such height can be demonstrated  to be absolutely necessary and the additional height is matched with an equal amount of additional setbacks on all sides.

9.     A communications facility shall be permitted on a property with an existing use subject to the following development standards:

a.      The communications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

b.     Development standards.  The  minimum lot area, minimum setbacks and maximum height required above shall apply, provided the land  remaining for accommodation of the principal use on the lot shall also continue to comply with the minimum lot area requirement.

c.      Access.  The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

10. Where an antenna for a communications facility is to be attached to an existing structure or building it may be permitted as an Accessory Use, in those districts where permitted, and shall be subject to the following development standards.

a.      Maximum height.  Fifty (50) feet above the existing building or structure.

b.     If  the applicant proposes to locate the communications equipment in a separate building, the building shall comply with otherwise applicable minimum setback requirements, an eight (8) foot high security fence shall surround the building, a buffer yard shall be planted as required above and vehicular circulations on the site for the principal use.

c.      Elevations of existing and proposed structures showing width, depth, and height, use statistical data on the antenna and support structure shall be presented.

d.     The antenna shall be camouflaged or otherwise designed to be aesthetically compatible with the existing architectural and natural environment.

11. Notwithstanding minimum setbacks provided above, any tower  shall be setback from all property lines a distance that is at least equal to the height of the tower.  The tower shall also be setback from any active recreation facilities or fields a distance that is at least equal to the height of the tower.

12. Communications towers within R-1 Low Density Residential Districts shall be located a minimum of 1,000 feet from any property line and be a maximum of 150 feet in height.

C.    Plan Review Criteria

Communications facilities shall be subject to all the ordinary review criteria applicable to Conditional Uses plus the following:

1.     The applicant shall demonstrate that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one which will afford the opportunity to construct the lowest height communications tower possible, taking into consideration all lands available within reasonable distance including those which may lie within adjoining municipalities.

2.     The applicant shall present documentation that the tower is designed in accordance with the standards of this Ordinance for communications towers.

3.     The applicant shall demonstrate that the proposed  tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as Federal Aviation Administration (“FAA”) requirements.  This may require structural markings, lighting or other improvements subject to the approval of the Township and  the FAA.

4.     The need for additional buffer yard treatment shall be evaluated.  Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements.  Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes  of access or safety.

5.     The applicant shall provide visual depictions or studies to indicate how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers.

6.     Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the  property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

7.     Free-standing pole-type communications structures shall be given preference over towers supported by guy wires.

8.     All communications structures shall be lighted for safety in a manner consistent with industry best practices and where lighted additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

9.     All property owners and adjacent municipalities within five-hundred (500) feet of the outside perimeter of the communications structure, including guy wires, shall be notified by certified mail prior to the Planning Commission making a recommendation on the application for Conditional Use approval for such a structure.  This responsibility shall be the applicant’s and such applicant shall provide proof of notification as part of their final application.

10. Should any tower cease to be used as a communications facility, the owner or operator or then owner of the land on which the tower is located, shall be required to remove the same within one (1) year from the abandonment of use. Failure to do so shall authorize the Township to remove the facility and charge back the cost of removal to the foregoing parties.  The Township may also file a municipal lien against the land to recover the costs of removal and attorney’s fees.

11. An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Township for purpose of assessing the feasibility of co-located facilities.  Should co-location not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount the antenna on an existing building or structure, including of proof of contracts, building investigations and similar evidence.  Should such efforts fail to result in a suitable site, a new communications tower may be permitted, but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities.

12. Applicants shall be required to demonstrate a periodic maintenance program will be implemented to ensure the structure continues to meet all safety criteria on an on-going basis.

D.  Distributed Antenna Systems and Distributed Antenna System Poles

The following design and location standards shall apply to all Distributed Antenna Systems:

1.     The applicant shall demonstrate compliance with all pertinent laws and regulations of the FCC and the Federal Aviation Administration. (“FAA”).

2.     No zoning permit will be required for any Distributed Antenna System installed within a structure (e.g. hotel) where the antenna(s) is designed to serve the occupants of the structure and not the public at-large. 

3.     No Distributed Antenna System Pole may be greater than 75 feet above the natural land surface.  Poles greater than 75 feet in height shall be considered Communications Towers and shall fall within the regulations found in this ordinance.

4.     Distributed Antenna System Poles and their subsequent antennas shall be designed to withstand wind gusts of up to 100 miles per hour.

5.     Any Distributed Antenna System antenna sited on a permitted Communications Tower or an existing structure (e.g. building, steeple, etc.) shall be considered a communications antenna and regulated by the applicable sections of this ordinance.

6.     No Distributed Antenna System Pole may be sited in the public right-of-way.  Distributed Antenna System Poles may be placed on previously developed properties however, a horizontal isolation distance of no less than the height of the pole must be maintained from any occupied structure existing at the time of permitting.

7.     Should any Distributed Antenna System Pole cease to be used for its permitted purpose, the owner or operator or then owner of the land on which the pole is located, shall be required to remove the same within one (1) year from the abandonment of use. Failure to do so shall authorize the Township to remove the facility and charge back the cost of removal to the foregoing parties.  The Township may also file a municipal lien against the land to recover the costs of removal and attorney’s fees.

 

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Section 429 - Public Parks and Playgrounds

Public Parks and Playgrounds shall be permitted anywhere, provided that park facilities such as playgrounds, ball fields, pavilions, etc. shall be set back 100 feet from any residentially zoned lot (R-1 or RU) and from any lot improved with a residence at the time of construction of such facility.  The placement of structures or the placement of fill in parks and playgrounds in the FP district shall be subject to the Floodplain regulations of the Township.

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Section 430 - Inns

430.1      Adequate off street parking must be provided in accordance with Article VI of this Ordinance.

430.2      Adequate and approved sewage disposal shall be provided.  In the case of an Inn being housed in a preexisting structure, the Township may require such testing as it may deem reasonably necessary to determine the suitability of the existing sewage system for the proposed use.  Calculations of sewage flows shall be based upon applicable Pennsylvania state laws and regulations.  At no time will an Inn be permitted to exceed the sewage flows for which the Inn’s sewage system was designed and /or permitted.  For an Inn located on a site of less than two (2) acres, thirty (30) restaurant / bar seats shall be permitted.  For an Inn located on a site of two (2) or more acres such restaurant / bar seats shall be permitted as can be achieved by the application of the appropriate standards for sewage disposal, parking, etc.

430.3      All structures must have the final approval of the Pennsylvania Department of Labor and Industry or its successor prior to the issuance of a certificate of occupancy or certificate of use by the Township.

430.4      The maximum rate of stormwater run-off is no greater after development  than prior to development activities and the quality, velocity and direction of the resulting stormwater runoff is managed in a manner which otherwise adequately protects health and property from possible injury.

430.5      All driveways and parking areas shall be constructed with suitable material for the conditions in existence on site.  When necessary, the Township may require that they be paved in accordance with the minimum requirements for township roads offered for dedication to the Township as set forth in the applicable Township Ordinances.

430.6      The Board may waive the buffer requirements of Section 409.1 in appropriate cases.

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Section 431 - Self-Storage Facilities

431.1   Location:          Self-Storage facilities shall be located in approved zones as provided for in Section 305, Schedule of Use Regulations.

431.2  Special Development Standards:     In addition to the standards found elsewhere in this Ordinance, the following special development standards shall apply to self-storage facilities.

                        Minimum lot area                                              5 acres

                        Maximum lot coverage                                      50%

                        Minimum front yard                                          50 feet

                        Minimum rear yard                                           50 feet

                        Minimum side yard                                           50 feet

                        Maximum building height                                   12 feet

                        Minimum distance between all                           24 feet

                                    buildings located on site

431.3   Design Criteria:

Self-storage facility uses shall be subject to the following design standards:

a.  Site Planning.     The site shall have sufficient area to accommodate the number of units planned for storage use with allowance for spacing between units and the setback clearances required; along with spacing for fire truck and delivery truck access and clearances.  The terrain shall be graded to result in a final grade with slopes no greater than 6%.  Terracing shall be permitted provided each terrace has a final slope of less than 6% and adequate screening is provided along each terrace.  The project shall be designed to provide for fire safety, taking into account the equipment and capability of the local fire departments.

b.  Screening.     Self-storage structures shall be screened by maintaining the natural vegetation to the greatest extent possible.  Where natural vegetation does not provide adequate screening from adjacent properties and public rights-of-way, screening shall be provided in the form of a solid wood fence and/or a dense evergreen planting not less than six (6) feet high shall be planted/erected and maintained. The dense evergreen planting shall be designed to provide immediate screening as opposed to providing screening at some future date when the plants reach a certain age or size. Additional buffer areas or fencing may be required by the Township if the nature of the proposed project, as determined by the Board of Supervisors, so requires.

c.  Exterior Colors.     The exterior of all structures should be of a color scheme that complements the surrounding area.  The Board of Supervisors shall have the right to approve or disapprove the color scheme at its discretion.  Samples of the proposed colors shall be submitted with the zoning application and use of the specified colors shall be a condition of approval.

d.  Security.     A security plan outlining the precautions that will be taken to deter unauthorized entry shall be submitted as part of the application.  At minimum, all self-storage facilities shall be surrounded by a security fence a minimum of eight (8) feet high and constructed in a manner deemed suitable to the Board of Supervisors.  The fence shall surround all internal driveways and structures.  All required buffers and screening shall be outside of the fence.

e.  Fire Safety.     A fire safety plan outlining the precautions that will be taken to prevent and suppress fires shall be submitted as part of the application.  At minimum, the plan shall be compliant with the standards set forth in the Dingman Township Subdivision and Land Development Ordinance and include a telephone to contact the Pike County Communications Center.

f.  Lighting.     Permanent or motion controlled outdoor security lighting shall be provided.  Both security and decorative lighting shall be of low intensity and directed to prevent glare on the adjoining properties.

g.  Parking and Driveways.     All roads and parking areas shall be designed and constructed to the standards set for Public Streets as found in the Dingman Township Subdivision and Land Development Ordinance.  Self-storage facilities that have on-site offices shall have suitable handicapped parking spaces in accordance with the American Disabilities Act and Pennsylvania Labor and Industry regulations.

h.  Construction.     All structures shall be constructed to the standards of the Dingman Township Building Ordinance.

i.  Agreements and Covenants.     A copy of the proposed lease/rental agreement for self-storage units shall be submitted as part of the application.

   431.4  Operation Standards:

a.  Storage of Materials.     No hazardous or inflammable material shall be stored on site or within any self-storage unit. 

b.  Hours of Operation.     All self-storage facilities shall be closed to customer access between the hours of 9:00 PM and 9:00 AM.  Where the situation may warrant, the Board of Supervisors may further restrict the hours of operation.

c.  Uses.     No self-storage facility shall be used for any purpose other than storage, including without exception, any other kind of commercial or personal activity such as art studios, business offices, automotive repair, or practice areas.

d.  Liquidation Auctions.     Liquidation auctions may be held no more than twice a year and only during the regular hours of operation. The Board of Supervisors must be notified of any proposed auction at least fifteen (15) days in advance of the auction date.  All customer parking must be restricted to the self-storage facility site.  On-street parking shall be prohibited. 

e.  Rubbish and Garbage.     All rubbish and garbage must be removed from the site on a weekly basis and in a manner consistent with the Dingman Township Solid Waste Management Ordinance.  No burning of rubbish or garbage  shall be permitted on site.  Dumpsters, trash cans, and other waste receptacles shall be screened from public view.

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Section 432 - Adult Oriented Businesses

Adult oriented businesses, which are permitted as Special Exceptions in the RU and ND-2 Districts, can have serious negative impacts on surrounding areas, including declines in property values, degradation of neighborhoods, increases in crime and deterioration of community character.  This has been substantiated by a number of studies conducted throughout the United States.  The Dingman Township Board of Supervisors has considered the findings of these studies and those incorporated in the cases of; a) City of Renton v. Playtime Theatres, Inc.,  475 U.S. 41 (1986);  b) Young v. American Mini Theatres,  426 U.S. 50 (1976); and  c) Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978).  The Township's intent in enacting this section is not to restrict speech protected by the First Amendment but rather to provide for it in a way that is consistent with the demands of the U.S. Constitution, as expressed in the referenced cases.  It is also, however, intended to address, in a practical way, the very real secondary affects of adult-oriented businesses on the peace, good order and safety of Township residents.

These prohibitions are further based on the findings of the U.S. Supreme Court in the case of Barnes v. Glen Theatre, 501 U.S. 560, 115 L.Ed.  2d. 504 (1991) and are intended to fulfill purposes identical to those upheld in that case.  Moreover, there exists within adjoining areas substantial experience with these activities that indicates they, indeed, have the types of negative impacts on the community that the Indiana statute was designed to address and produce general deterioration of the character of the area in which they were located, leading to commercial and residential blight.

A.    Purposes.  The primary purposes of this section are as follows:

(1)    To preserve the character and quality of life in the Township neighborhoods and business areas.

(2)    To control such documented harmful and adverse secondary effects of adult oriented business on the surrounding areas such as:  decrease in property value; attraction of transients; parking and traffic problems; increased crime (including prostitution, rape and assaults) in the vicinity of such businesses; loss of business for surrounding non-adult businesses and; deterioration of  neighborhood.

(3)    To maintain property values.

(4)    To prevent crime.

(5)    To protect retail trade.

(6)    To restrict minors access to adult oriented businesses.

(7)    To maintain the general health, safety, welfare and morals for Dingman Township residents.

B.    Special definitions.  The following definitions shall apply to this section and also be incorporated in Article II of this Ordinance.

Adult Oriented Business:    Use of a building, structure or property, or part thereof, for a business that has adult materials in a section or segment devoted to such materials or as substantial or significant portion of its stock in trade for the purposes of sale, lease, trade, gift or display of such adult materials.  For purposes of this law adult oriented businesses shall also mean and include any massage parlor, nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, motel, hotel, or any other establishment that regularly features, for economic gain or other consideration, entertainment in any form that is characterized by nudity or depiction or display of sexual activities.

Adult Materials:  Adult materials shall include but not be limited to any literature, books, magazines, pamphlets, newspapers, papers, comic books, drawings, articles, computer or other images, motion pictures, mechanical devices, instruments, clothing or other writings, materials or accessories that are distinguished or characterized by their emphasis on matter depicted, described or related to "specified sexual acts" or "specified anatomical areas" as defined herein, or an establishment with a segment or section exclusively devoted to the sale, lease, gift, trade, display of such materials or any drug paraphernalia.

Massage Parlor:   A facility offering massage services, not including those offered by Commonwealth of Pennsylvania licensed chiropractic or medical service providers or other providers credentialed by licensed Pennsylvania health care institutions.  A massage parlor shall also not include any facility offering services illegal under Pennsylvania law.

Nudity:  Nudity means the showing of the human male or female genitals, pubic area, buttocks, or anus, any part of the nipple or any part of the female breast below a point immediately above the top of the areola with less than a full opaque covering.

C.  Permit required.  No adult oriented business shall be commenced without a Special Exception permit being obtained from the Township under this chapter.

D.  Zone in which permitted.  Adult oriented businesses shall be permitted only in the RU and ND-2 Districts of Dingman Township and the Schedule of District Regulations (Section 305) shall be so amended as to include such use in the RU and ND-2 Districts.

E.  Geographical limitations.  Because adult oriented businesses can lend themselves to ancillary unlawful and unhealthy activities they shall be separated from other uses that could be severely impacted by their presence or that, in combination with the adult oriented business, accentuate the negative impacts on the area.  No adult oriented business shall be located within 1,000 feet of any residence, residential facility, institution, health facility, church, synagogue, school, public or semi-public parks or recreational facility, any establishment that serves alcoholic beverages or any other existing adult oriented business.  This setback is consistent with the open rural character of the Township within which numerous locations exist that can meet this standard.

F.  Signs and displays.  No exterior display or interior display that is visible from outside the business shall be made to identify or portray the type of activity that occurs at an adult oriented business excepting for one (1) approved two-sided ground sign not to exceed a surface area of thirty-two (32) square feet for both sides combined.  Such sign shall be subject to all other limitations applicable to signs.  It shall not incorporate any obscene material or depictions of nudity as defined herein, including depictions of nudity in silhouette or cartoon, but shall be otherwise unlimited to message.

G.  Non-conforming buildings or lots.  No existing building that is non-conforming with respect to yards or non-conforming lot with respect to minimum lot area or lot width shall be used for an adult oriented business.  No existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult oriented business unless application to do so has been made under this section.

H.  Prohibited activities.  Because they are known to present severe health risks (including spread of sexually transmitted diseases) encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult oriented business within Dingman Township:

(1)  General Activities:

(a)  Public appearance by a person knowingly or intentionally engaged in;

[1]  sexual intercourse, deviate sexual intercourse, indecent contact or forcible compulsion as such terms are defined by Section 3101 of Title 18 of the Pennsylvania Consolidated Statutes; or

[2]  the fondling of the genitals of one's self or another person, or the fondling of female breasts.

(b)  The knowing and intentional public appearance of a person in a state of nudity.

(2)  Specified Sexual Activities:

(a)  Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast.

(b)  Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation or sodomy.

(c)  Acts of human masturbation, actual or simulated.

(d)  Excretory function as part of or in connection with any of the activities set forth above.

(e)  Sexual activities between humans and animals.

(3)  Specified Anatomical Areas:

(a)  Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.

(b)  Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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Section 433 - Body Piercing, Tattoo and Fortune Telling Businesses

Dingman Township intends, in enacting this section is to provide for body piercing, tattoo and fortune telling businesses, which are permitted Special Exceptions in the RU and ND2 Districts, while addressing their secondary affects on the health, safety and welfare of Township residents.

A.  Purposes.  The primary purposes of this section are as follows:

(1)  To preserve the character and quality of life in the Township neighborhoods and business areas.

(2)  To control harmful and adverse secondary effects of body piercing, tattoo and fortune telling businesses on the surrounding areas such as:  decrease in property values; attraction of transients; parking and traffic problems; loss of business for surrounding businesses; and deterioration of neighborhoods.

(3)  To otherwise maintain the general health, safety, welfare and morals for Dingman Township residents.

B.  Special definitions.  The following definitions shall apply to this section and also be incorporated in Article II of this Ordinance.

Body Piercing Business:  Use of a building, structure, or property, or part thereof, for a business that involves the physical piercing of human body parts, for other than medical purposes, to make a mark or scar or otherwise perforate the skin for purposes of placing jewelry in such perforations.  However, establishments and individuals involved in the piercing of earlobes only shall not be included in this definition.

Fortune Telling Business:  Use of a building, structure or property, or part thereof, by fortune tellers, clairvoyants, spirit mediums, astrologists, palmists and similar persons engaged in unlicensed consultation practices for largely entertainment purposes.

Tattoo Parlor:  Use of a building, structure or property, or parts thereof, to offer or practice the placing of designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin of any person with inks or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

C.  Permit required.  No body piercing, tattoo and fortune telling business shall be commenced without a Special Exception permit being obtained from the Township under this Ordinance.

D.  Zone in which permitted.  Body piercing, tattoo and fortune telling businesses shall be permitted only in the RU and ND2 Districts of Dingman Township and the Schedule of District Regulations (Section 305) shall be so amended as to include such use in the RU and ND2 Districts.

E.  Geographical limitations.  Body piercing, tattoo and fortune telling businesses shall be separated from other uses that could be severely impacted by their presence or that, in combination with other such businesses or adult oriented business, accentuate the negative impacts on the area.  No body piercing, tattoo and fortune telling business shall be located within 500 feet of any residence, residential facility, institution, health facility, church, synagogue, school, public or semi-public parks or recreational facility, any establishment that serves alcoholic beverages, and other body piercing, tattoo and fortune telling business or any adult oriented business.  This setback is consistent with the open rural character of the Township within which numerous locations exist that can meet this standard.

F.  Signs and displays.  Signage for body piercing, tattoo and fortune telling businesses shall be limited to one (1) approved two-sided sign not to exceed a surface area of thirty-two (32) square feet for both sides combined.  Such sign shall be subject to all other limitations applicable to signs.

G.  Non-conforming building or lots.  No existing building that is non-conforming with respect to yards or non-conforming lot with respect to minimum lot area or lot width shall be used for body piercing, tattoo and fortune telling business.  No existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting a body piercing, tattoo and fortune telling business unless application to do so has been made under this section.

H.  Non-applicability to medical services.  This section shall not apply to medical doctors, registered nurses or any other credentialed medical services personnel, licensed by the Commonwealth of Pennsylvania.

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Section 434 - Low Impact Retail and Service Establishments

A Low Impact Retail and Service Establishment shall be subject to the following limitations and standards:

a.    It shall involve no more than 5,000 square feet of gross building floor area.

b.    It shall generate no more than 500 vehicle trips per day on a State highway or 300 vehicle trip ends per day on a Township road, based on estimates developed by applying the latest trip generation data from the Institute of Transportation Engineers.

c.    It shall involve no more than five (5) on-site employees per shift.

d.    It shall not be open for business or operate on-site for more than fourteen (14) hours per day.  It shall be closed to the general public and all but security employees, with no exterior lighting except for security purposes, between the hours of 8:00 PM and 6:00 AM prevailing time.

e.    It shall not involve the outside storage of materials or supplies except for minor incidentals and a maximum of three (3) vehicles used in everyday service on behalf of the business.

f.    It shall not, having once been permitted or established, be expanded, enlarged or otherwise increased or changed substantially in character without complying with this Ordinance.  Any addition or expansion that takes a use above the upper limits established for a Low Impact Retail Service Establishment shall, if permitted within the district, be processed as a Conditional Use, regardless of zoning district and be subject to such other limitations on uses as may apply for the zoning district.

g.    It shall, where permitted as a Conditional Use, be subject to such additional conditions as the Township Board of Supervisors may choose to impose for the purpose of mitigating any adverse impacts on residences in adjoining residential zoning districts, limiting the impacts on traffic and transportation systems and addressing other Conditional Use criteria.

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Section 435 - Mixed Use Projects

435.1 Authorization, Description and Purpose

Mixed-use projects may be permitted as conditional uses on any tract of at least 100 acres in gross total lot area before deductions within the RC Resort Commercial Districts.  Such parcels shall also have no less than 500 feet frontage on a public road.  Such projects shall also be served by central sewage and water systems.  Mixed-use projects shall combine neighborhood-serving retail and service uses with dwellings in planned developments designed to:

A.     Exhibit the physical design characteristics of pedestrian-oriented villages;

B.     Promote the health and safety of residents by putting shopping opportunities within walking distance of homes, thereby reducing the need for vehicular travel, and;

C.     Provide meaningful on-site recreation opportunities for residents.

435.2     Permitted Uses

Once conditional use approval is granted for a mixed-use project, the following uses shall be permitted by right, provided the proposed use is fully consistent with the use proposed for individual structures under the conditional use approval (see also Section 705.4 of this Ordinance):

A.     Age-restricted housing.

B.     Banks and financial institutions, which may include drive-through service.

C.    Business, medical and professional offices.

D.    Churches and other places of worship (which shall not be counted as commercial space)

E.    Commercial recreation.

F.    Congregate housing.

G.     Day care facilities.

H.    Dwellings, single-family.

I.    Dwellings, two-family.

J.    Dwellings, multi-family, including townhouses and apartments.

K.     Food establishments.

L.     Grocery stores.

M.    Health care facilities and commercial exercise clubs.

N.     Nursing home.

O.     Retail and service establishments (which may include drive-through businesses but not drive-in businesses).

P.    Residential subdivision facilities and amenities.

Q.     School bus shelters.

R.    Shopping centers and malls.

S.    Specialty shops (which may include drive-through businesses but not drive-in businesses).

T.    Theaters.

U.    Customary accessory uses and essential services.

Adult-oriented businesses shall not be permitted as part of any mixed-use project under any circumstances.

435.3          Commercial Establishment Size Limit

The gross floor area of any individual commercial and other non-residential establishment (per individual tenant) in any mixed-use project shall not exceed 100,000 square feet, excepting that multi-story establishments may be as large as 150,000 square feet per establishment or tenant.

435.4          Indoor/Outdoor Operations

All uses within a mixed-use project must be conducted within completely enclosed buildings unless otherwise expressly authorized as part of the conditional use process.    This requirement does not apply to off-street parking or loading areas, automated teller machines or outdoor seating areas.  Outdoor seating areas shall be specifically designed for such use.

435.5           Density

Mixed-use project maximum density shall be calculated for the project, based on the whole tract area, by applying the following minimum tract area criteria, after deducting 80% of FEMA-designated 100-year floodplain areas, 60% all wetlands, 50% of natural slopes over 25% and areas contained within public road rights-of-ways and utility placement areas:

A.     20,000 square feet of tract area for each single-family or two-family dwelling unit.

B.     15,000 square feet of tract area for each multi-family dwelling unit for units of 1,250 square feet or more in floor area.

C.     10,000 square feet of tract area for each multi-family dwelling unit for units of less than 1,250 square feet in floor area.

D.     10,000 square feet of tract area for each age-restricted dwelling unit (excluding congregate housing and nursing homes).

E.     2,500 square feet of tract area for each 1,000 square feet of gross floor area of commercial and other non-residential space occupied by principal uses.

No mixed-use project shall, based on the above criteria, dedicate less than 25% of floor area to commercial retail, commercial service and commercial office uses, provided that congregate housing, nursing homes and commercial space rented for non-profit educational or recreational use may be counted toward commercial floor area at a 50% ratio for purposes of these calculations.  No more than 25% of the dwelling units shall be less than 1,250 square feet in floor area.  The project must also be built according to a phasing plan and development agreement, which shall be submitted by the applicant for approval by Dingman Township.  Such phasing plan and development agreement shall ensure commercial floor area is constructed at the same or at a greater rate than the established 25% ratio of commercial to residential and non-commercial floor area. No portion of a phase may receive a certificate of occupancy and use until the entirety of that phase has been completed. Specifically the residential portion of a phase may not receive a certificate of occupancy and use until the commercial portion of the phase is also granted a certificate of occupancy and use. All facilities and accessory uses related to commercial uses, including but not limited to, sewage disposal, water supply, roads, parking areas, walkways, and exterior elevators and escalators, must be completed and certified for occupancy and use before the commercial use can be opened to the public. Such facilities and accessory uses must present a completed project to the public to and from all points of public access to the applicable commercial use.

435.6           Development Standards

A.     All mixed-use projects shall include a minimum of 30% common open space, a minimum of 50% of which shall not include wetlands, slopes over 25% in grade, or FEMA-designated 100-year floodplains.  Roads, parking areas, other impervious surfaces not intended for recreational use or any areas within 20 feet of a building footprint shall not be counted toward open space.  Such common open space shall be titled to a property owners association organized in the manner provide herein for multi-family dwellings unless the Board of Supervisors approves an alternative form of ownership that the applicant proves would be appropriate and ensure adequate maintenance. 

B.     All dwellings shall meet existing RC District setbacks for residential uses.

C.     All structures shall be subject to the fire lane and separation requirements of the Dingman Township Fire Protection Ordinance or separated by the height of the highest adjacent building, whichever is greater, provided the project shall be entitled to any modifications as may be granted by the Township under said Fire Protection Ordinance.

D.     The maximum building height shall be 50 feet for non-residential structures and 35 feet for residential structures.

E.     Off-street parking spaces shall be provided according to parking regulations provided herein, except that the Township may reduce parking requirements when parking spaces will be shared by multiple uses, provided that no age-restricted housing shall have less than one space per dwelling unit, no other dwelling shall have less than two spaces per unit and not less than 4.75 parking spaces shall  be provided per 1,000 square feet of gross floor area of commercial and other non-residential building space.  Parking must generally be located to the rear or side of the principal building.  All parking areas shall be fully landscaped and generally no more than 200 feet of continuous parking area uninterrupted by structures or landscaping shall be permitted.  Fully landscaped shall mean interrupted by landscaped islands and similar treatments to ensure against extensive spans of impervious surface.

F.     On-site community recreation amenities shall be provided for the use of residents, applying the “Park, Recreation Open Space and Greenway Guidelines” from the National Park and Recreation Association as general criteria for planning purposes.  All recreational improvements within each phase shall be installed or financially guarantied prior to final approval of that phase.

G.     Sign standards for the mixed-use project may be modified by the Board of Supervisors, provided the applicant submits a master signage plan for approval by Dingman Township, which master signage plan shall be binding on mixed-use project tenants and not permit more than one square foot of total sign area per 50 square feet of gross commercial floor area, provided no individual sign shall exceed 200 square feet in sign area per face.  Directional signs shall be excluded from the calculation.  A directory sign or main entrance sign may be up to 350 square feet in sign area per face.

H.     All land development shall comply fully with the Dingman Township Fire Protection Ordinance requirements.

I.       The development plan shall include a reasonable buffer of wooded or landscaped area between the project and the public road and adjoining properties (20’ minimum) and a reasonable buffer between the commercial and residential areas of he project (50’ minimum). Appropriate and necessary signage may be placed within the buffer. The buffer shall be designed to provide a visual and environmental break between the uses while permitting appropriate visibility.

J.      The development plan shall include pedestrian walkways for the safe and efficient movement of pedestrians through both the residential and commercial portions of the project.

K.     Design and Construction of all streets, service drives, parking facilities, etc., shall fully comply with the provisions set forth in Dingman Township Subdivision and Land Development Ordinance Sections 100-30 Street requirements, and Section 100-35 Non Residential Subdivisions and Land Developments. 

435.7          Fiscal Impact Analysis

Mixed-use projects shall require a fiscal impact analysis to evaluate the financial impacts on the Township, School and County.  Such analysis shall consider costs of municipal services as compared to taxes expected to be generated and other economic benefits.  This analysis may be used as a basis for determining the appropriate commercial-residential mix for the project, although other factors may also be considered.                                                                    

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Section 436 - Day Care Uses

All day care centers and minor day care uses shall have:

          1)     The area in which the children or infirmed adults are dropped off  shall be free of all vehicular and other safety hazards.

2)     Outdoor recreational areas shall be surrounded by a four-foot (minimum) fence made of chain link or other material approved by the Board of Supervisors.

3)    There will be adequate parking in accordance with Section 602 of this Ordinance, excepting that no large truck unloading area will be required.

4)    Proof of licensure from the Commonwealth of Pennsylvania is required and must be maintained at all times. There will be no exceptions, even if said license is optional under the regulations set forth by the Commonwealth.  Operating a Day Care Facility or Minor Day Care Use without a license shall be a violation of this Ordinance.

5)    In addition to any other Building Code requirements that may apply, smoke alarms and carbon monoxide detectors, meeting the requirements of the Township Building Code, shall be installed in all rooms that will be used in the conduct of the business.

6)    Minor Day Care uses secondary to residential uses shall comply with the regulations of Section 401 (Home Occupations) of this Ordinance.

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Section 437 - Recreational Vehicles, Recreational Vehicle Parks and Campgrounds

Recreational Vehicles, when allowed for under section 305, may be permitted subject to the following regulations.

a.   No recreational vehicle may exceed a size of 400 square feet nor exceed 12 feet in width when assembled for camping use. Vehicle size shall be determined by multiplying the greatest exterior length of the unit by the greatest exterior width. (excluding hitches and bay windows).

b.  No recreational vehicle may enter a recreational vehicle park nor may be sited on a recreational vehicle park lot unless said vehicle is capable of being transported over public roads without requiring a special highway moving permit.

c.   A permit is required to site a recreational vehicle on a designated recreational vehicle park lot.  The recreational vehicle and all accessory structures must meet the property line and littoral setbacks required by Section 306 and 307 of this ordinance. 

d.    In cases where the recreational vehicle is expected to be moved on and off a recreational vehicle park lot on a frequent basis, a “recreational vehicle pad” may be permitted.  In such case, the pad must meet all the applicable setbacks found in Sections 306 and, when on property, the recreational vehicle (including any extensions) must be sited wholly within the perimeter of the pad.

e.   No recreational vehicle may be temporarily or permanently attached to any structure or to other recreational vehicle.  Decks, platforms, screen houses, and other such accessory structures may abut a recreational vehicle but not be connected to it.  Porches enclosed with windows constructed of glass, plastic, or any other solid material as opposed to screens are hereby prohibited.  Walls may be partially constructed of solid material provided that the solid wall material does not exceed 36 inches above floor level.  Such screened porches may not be wired for electricity or lighting nor contain heating devices.  Accessory structures abutting a recreational vehicle shall not be required to meet the ten (10) feet separation required in section 402.

f.    No more than one recreational vehicle, as defined in this ordinance, may be sited at any one time on a recreational vehicle park lot.

g.    No recreational vehicle may be used as a permanent residence.  For purposes of this section, permanent residency is assumed should the property address be used for driver’s license, hunting license, fishing license, voter registration, income tax or government benefits purposes.

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Section 438 - Zoning Permits for Transient Use of Residential Property for Remuneration

A.            Findings and Declarations.

            1. The use of single and multiple family dwelling units, duplexes, guesthouses, caretaker units, apartments, recreational vehicles and other structures normally occupied for residential purposes, for short term rental, and/or for bed and breakfast, hostel, hotel, inn, lodging, resort, or other transient lodging purposes has impacts on residential areas which must be addressed through existing Township use permit processes.

           2. Allowing transient use of residential property will provide an administrative procedure to legalize existing visitor serving opportunities and increase and enhance public access to areas of the Township and other visitor destinations.

          3. If not properly regulated, such use of residential property may create adverse impacts on surrounding residential uses including, but not limited to, increased levels of commercial and residential vehicle traffic, parking demand, light and glare, and noise detrimental to surrounding residential uses and the general welfare of the Township. Moreover, such use may increase demand for public services, including, but not limited to, police, fire, and medical emergency services, and neighborhood watch programs.

         4. Requiring  zoning permits for such use of residential property enables the Township to address any adverse impacts of such use,  is consistent with and declaratory of existing regulations under this section, and necessary to maintain the integrity of the various zoning districts.

        5. This section does not apply to properly permitted bed and breakfast, hostel, hotel, inn, or resort establishments.

        6. This section is necessary in order to protect the public health, safety, and welfare.

B.            Purpose.  The purpose of this Section is to:

            1. Preserve and enhance the residential character of the zoning districts described in this section and the sense of security and safety in stable neighborhoods of owner-occupied residences.

            2.  Implement the provisions and advance the purposes and objectives of this section.

           3. Except as provided in this Section, restrict transient use of property for remuneration, which use may be inharmonious with and injurious to the preservation of the character and environment of the various zoning districts in the Township.

            4. Promote the public health, safety, and general welfare of the Township.

     C.           Zoning Permit.

            1. Permitted Use.

            a. Transient use of residential property for remuneration shall be permitted in the CP, RC and NC zoning districts upon the issuance of a zoning permit pursuant to this Ordinance. Transient use of residential property for remuneration is not permitted in any other zoning districts under this Ordinance.

            b. Transient use of residential property in existence on the original effective date of this Section, May 19, 2015, shall, upon application, be issued a zoning permit or certificate of nonconforming use, as applicable, provided that any such units devoted to transient use are registered with the Zoning Officer and the zoning permit or nonconforming use application is filed on or before May 19,2016. The owner/registrant shall have the burden of demonstrating that the transient use was established.  Payment of transient occupancy taxes (hotel tax) and any applicable sales tax shall be, but is not the exclusive method of demonstrating, evidence of the existence of historic transient use of residential property through appropriate records.  Failure to pay any such applicable taxes for the years of the alleged nonconforming use shall be an adequate basis to deny the certificate.  Sporadic as opposed to consistent rental over a period of time shall not be considered evidence of such a pre-existing use.

            c. The rental period/season and days per year of rental for residential properties registered for transient uses with the Zoning Officer pursuant to this Section shall be limited to the rental period and days per year of rental established by the owner/registrant at the time of registration. Nothing in this Section shall preclude the owner/registrant from a natural, limited increase or extension of the rental period for the registered property provided a zoning permit is first obtained under this Section.

           d. Use of the property for transient purposes shall be restricted to the permitted residence(s) on the property and may not extend to any accessory structure except in so far as the accessory structures may be used by the guests for appropriate accessory uses. (e.g. a garage may be used for the storage of the tenant’s automobile). Single family residential property must be rented in its entirety. No permit for a Transient Residential Use may result in the creation of additional dwelling units on the property. (For example, the landlord may not continue to reside in a portion of a single family residence while renting out another portion(s).

            2. Regulations.

               a. The minimum rental period for all transient use of any single family residential property or housing unit shall be the greater of seven (7) consecutive calendar days or the minimum rental period set forth in enforceable, recorded conditions, covenants, and restrictions encumbering the property rented.   Transient use of single family residential property or housing unit for a term less than provided herein is hereby expressly prohibited. 

               b. The number of occupants in any residential unit for transient use shall not exceed one single family per housing unit.  Each permit shall specify the maximum number of occupants allowed.

              c.  Availability of the rental unit to the public shall not be advertised on site.

              d. Any zoning permit issued pursuant to this Section shall require, as a condition of approval, that applicant  who does not reside within a 25-mile radius of  the residence being rented, designate a person located within a 25-mile radius of the rental unit, as a local contact person who will be available 24 hours a day to respond to tenant and neighborhood questions or concerns and to otherwise be  responsible for assuring that the rental unit complies with the requirements of the  permit issued and the provisions of this Section and other applicable provisions of this ordinance.  The name, address, and telephone number(s) of such a designated person shall be furnished to the Zoning Officer prior to issuance of the permit and made available for public review. The permit holder shall promptly notify the Zoning Officer of any change in the local contact person’s address or telephone number. 

             e. A copy of any permit and/or registration issued pursuant to this Section shall be furnished by the Zoning Officer to the Treasurer of Pike County.

             f. The permit holder and/or registrant shall collect and remit to the Treasurer of the County of Pike, the transient occupancy tax for each rental unit pursuant to law.  

            g.  The use of a residential unit for a transient use shall not violate any applicable conditions, covenants, or other restrictions on real property.  The applicant shall provide written notice to the homeowners’ association if the subject property is within a subdivision governed by restrictive covenants which the homeowner’s association has the power to enforce and submit proof of such notice to the Zoning Officer. In the event that the homeowners’ association objects to the issuance of the permit, the permit shall not be approved until the homeowners’ association’s objection has been withdrawn or the right of the applicant to use the subject residential property for transient use has been validated, approved, or otherwise ordered by a court, arbitrator, or other appropriate entity with the authority to review, approve, validate, or otherwise act on the proposed use of the action of the homeowners’ association. .  If the homeowner’s association fails to notify the Zoning Officer, in writing, of any objection(s) within 30 days of the association’s receipt of the applicant’s notice, the Zoning Officer may assume there are no objections and issue the permit.

            h. Compliance with the requirements of this Section shall be considered conditions of approval, the violation of which may result in a revocation of any zoning permit by the Zoning Officer.

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Section 439 - Camp Use

All camp subdivisions and developments shall have a minimum lot area of 100 acres. All campsites, tents, cabins and other buildings and trails within a camp shall be located a minimum of 100 feet from any exterior property line of the camp. No campsite, tent, cabin or other building shall be located closer than 200 feet from the property line of an existing residential use or residential zoning district at the time of plan submission. No campsite, tent, cabin or other building shall be located closer than 50 feet from the top of bank of a pond, lake, stream or river.

For any given time period, the gross density of a camp or day camp shall not exceed 20 people per acre. This includes campers and camp personnel.

 
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