TOWNSHIP - elibrary.pacounties.orgelibrary.pacounties.org/Documents/Lycoming_County/1643; Bastress... · bastress township zoning ordinance f , adopted january 26, 1976 -as amended

BASTRESS

TOWNSHIP

ZONING

ORDINANCE

f ,

ADOPTED JANUARY 26, 1976 -As amended 1986,1986,1991 and 1993

TABLIE OF CONTENTS ARTICLE I ........................................................................................................................ 1 GENERAL PROVISIONS ......................................................................... ................... 1

101 TIT LLE ............................................................................................................. 1 102 SHORT TITLE .......................................................... : ............. : ................... 1 103 PURPOSE ............................................................... .C .......... ......................... 1 104 STATEMENT OF COMMUNITY DEVELOPMENT : ..

OBJECTIVES ..................................................................... 1 ........................ 2 105 INTERPRETATION .................................................................................. 2 106 TOWNSHIP ORDINANCES ................................................................... 2 107 VAEIDI TY ..................................................................................................... 3 108 REPEALER ................................................................................................... 3

ARTICIX II ................................................................................................ ....................... 4

ARTICIX m ...................................................... : .......... ;; ....................................... ." ......... -7 GLOSSARY OF ZONING TERMS ............................................................................... 71 .

30 1 APPLICATION AND INTERPRETATION ............. i ............................ '7 302 DEFINITION OF TERMS .......................................................................... 7

ARTICLE 'N ......................................................... ;; ........................ i .... i ........................... 18 DESIGNATION OF DISTRICTS .............................................................................. .18.

40 'I GENERAL DISTRICTS ........................................................................... 18 462 ZONING M A P ................................ ; . . ..:..!. 18 403DISTRICT BOUNDARIES ........................................................................ 18 404 INTERPRETATION OF BOUNDARIES. ............................................ 18

ARTICLE V ..... .................................................. ........................................................... . . 20 AGRICULTURAL/FORE$T DISTRICT ............................ 1 ...................... :.A. .......... ...... 20

501 PURPOSE .................................................................................................... 20 . . . ' . 20.- 502 USES PERMWTED .................................................................................. ....

503 CONDITIONAL USES ..................................................................... ; ...... 2 1 504 AREA REGULATIONS ........................................................................... 2 1 505 COVERAGE REGULATIONS ............................................................... 2 1 506 SETBACK REGULATIONS .................................................................. 2 1 507 HEIGHT REGULA'I'IONS ............ : ......................................................... 2 2 508 OFF-STREET PARKING ....................................................................... 2 2 509 SIGN REGULGTIONS ............................................................................ 22

R-I RESIDENTIAL ....................................................................................................... 2 3 . LOW DENSITY DISTRICT ......................................................................................... 2 3

5 1 1 PURPOSE .................................................................................................. 2 3 5 12 USES PERMITTED ................................................................................. 2 3 5 13 CONDITIONAL USES ............................................................................ 2 3 5 14 SPECIAL EXCEPTION USES .............................................................. 2 3 5 15 AREA, DENSITY AND LOT WIDTH REGULATIONS ................... 2 4

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COMMUNITY DEVELOPMENT OBJECTIVES ....... .; ........................................... 4 201 COMMUNITY DEVELOPMENT OBJECTIVES .., ........... L ................ 4

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. . 5 16 COVERAGE REGULATIONS .............................................................. 24 5 19 SETBACK REGULATIONS .............................. ..................... .............. . 2 4 5 18 HEIGHT REGULATIONS ............................................................. ........ .2 4 519 OFF-STREET PARKING REGULATIONS ........................................ 24

. > . . ,: . . . 520 SIGN REGULATIONS ...................................................... 1 -1 ................... .2 5 FOS - FOREST OPEN SPACE DISTRICT .............................................................. 26

52 1 PURPOSE .................................................................................................. 26 522 CONDITIONAL USES ....................................................... ..................... 26 523 SPECIAL EXCEPTION USES ...................................... ;..* .................... 26 524 AREA, DENSITY AND LOT WIDTH REGULATIONS ................... 26 525 COVERAGE REGULATIONS .............................................................. 2 7 526 SETBACK REGULATIONS ................................................... :..., .... ; ..... 27 527 HEIGHT REGULATIONS ............................... ...................................... 2 7' 528 OFF-STREET PARKING, LOADING AND UNLOADING ............. 2 7 529 SIGN REGULATIONS ........................................................ . . . . i ..... ......... ;... .2 7

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530 SUPPLEMENTAL REGULATIONS ....................................... .I ..... ..... 27 TICLE VI ....................................................................................................... 1: .......... 28.

. . . . . a . m R C I A L REGULATIONS ...................... ?. ........................... 2 8 60 1 PURPOSE ........................................................................... ; ........... :. ........ .2 8

''? 602 REVIEW PROCEDURES ........................................................ ,... ........... 28, . ' 603 CONDITIONAL USES - COMMERCIAL ........................................... . I 28' .

604 CONDITIONAL USES - INDUSTRIAL.;..i..; ....'..... ........ : ............ i. . . ~ . . 29 605 PERFORMANCE STANDARJIS FOR AILUSES .... .i. ................... ., ~

29 BULK REGULATIONS ........ ii .................. I .... ; ............ 1 .... 30

607 SPECIAL DESIGN REQUIREMENTS ........ .................................. 1.. 33 608 VEHICULAJt INGRESS AND EGRESS .......................................... i. 3'1. .

. . 609 Off-street Parking, Loading and Unloading ...................................... 3 I. ............ * ................................................................ '; ........................... 3 1 -STREET PARKING, ..................................... & .......................... 32

UNLOADING ...................................................... ! ' .............. :.'........... 32

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. 701 GENERAL REGULATIONS .................................................................. 32 . I

' 702 PARKING FACILITIES REQUIRED ...................... '.. ....... i. ......... ~. . . . .33 '

704 ACCESS TO OFF-STREET PARKING AND L O F I N G AREAS 35 .

704 ACCESS TO OFF-STREET PARKING ANDILOADING AREAS 36

703 LOADING AND UNLOADING SPACE ....................................... ..- ...... 35

705 PARKING AND LOADING AREA SETBACKS ,...!.........

80 1 ERECTION AND MAINTENANCE OF SIGNS ... &...I.... 802 SIGNS IN RESIDENTIAL DISTRICTS ......................... 803 ADVERTISING SIGN BOARDS ............................. I ..................... ; ...... 38 804 BUSINESS IDENTIFICATION SIGNS ................. i ............................ 38 805 GENERAL REQUIREMENTS FOR ALL SEGNS:. ...... i.: ..... ..... L . . 3 8

. ' . ARTICLE IX ...................................................................................................... ; ............. 40

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_ . SUPPLEMENTAL REGULATIONS .................................................................. i ..... 40 . . . . . * . . . 901 ENVIRONMENTAL PROTECTION .......................... : ........................ 40

902 HEIGHT REGULATIONS ............................................ :... .... ; .;...'....... .... .40' 903 NATURAL RESOURCE USE LIMITATIONS .................................. 40 904 NONCONFORMING USE ............................................ ;.... ..... ::.. ........ i.. 44. 905 PRIVATE SWIMMING POOLS .................................................. ;...: .... 46 906 SANITARY LANDFILL.. .................................................................. .'.A.. 4 7 907 CONDITIONAL USES .............. i ..................... : ............................... -i:.; ..... 47:

. . . . 908 SPECIAL EXCEPTIONS ........................................................ .'............... 48 909 VARIANCES ......................................................................... .......... i..:..i..48

ADMINISTRATION AND ENFORCEMENT . . . . . . . 50 1001 THE ZONING OFFICER ........................... ; .................. i ......... :.....'.... ~ . 5 0 1002 PERMITS ........................................................................................ ;.:... .. -5 1 1003 CERTIFICATE OF USE AND OCCUPANCY LA..: k.53 1004 ENFORCEMENT, PENALTY, AND REMEDY ........ :: 1005 ZONING HEARING BOARD ......................... 1006 AMENDMENTS ........................................ i............... 1007 EFFECTIVE DATE ..........................................

ZONING MAP .......................................................... ;. ............ ....,.. .... .: I . , ZONING AMENDMENTS,. : ORDINANCE NO. 1986-1 ................................................... AMENDMENTS .................................... ..................... ...... 1. .... . . . 302 FENCE ............................................................ .......

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, (. " . ,, . ,' .. ' I . . . . . 8 .. 303 DWELLING TYPES ................................................... : ................ 1 ....... 1 ..... 62

512 USES PERMITTED ................................................................ ..,. :...i:.i.i ..... 63 R-1 RESIDENTIAL - LOW DENSITY DISTRICT ................. : .... L....:..... :...iii:.......63 '

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5 13 CONDITIONAL USES ..................................... :.....................A,.. ............. 514 SPECIAL EXCEPTION USES .................................. .: ........................... 64. 515 AREA, DENSITY AND LOT WIDTH REGULATIONS ........... ........ 64 531 RESIDENTIAL CONVERSION UNIT ..................... : ............. :..;.i ..... ;..64 532 MULTI-FAMILY DWELLINGS ................................. 1 ..... ;. ................. :... 6 5 . . . ' 533 MULTI-FAMILY HOUSING DEVELOPMENTS ......... :: .... .......... :. .. 68

SUPPLEMENTARY LOT REGULATIONS .................................... ;... ................... .7 1 534 LOT REQUIREMENTS ................................................ : ........................... 72 535 YARD REQUIREMENTS ............................................................. 1 .......... 72 536 HEIGHT REGULATIONS ....................................................................... 73 537 GENERAL REQUIREMENTS ............................................................... 73 538 ACCESSORY BUILDINGS .............................................. : ..................... 74.

ORDINANCE NO. 1986-2 ......................................................................................... 76 ARTICLE I GENERAL PROVISIONS .................................................................... 76

Section 1.00 Intent ............................................................................................ 76 Section 1.01 Applicability ............................................................................... 76 Section 1.02 Abrogation and Greater Restrictions ................................... 77

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Section 1.03 Severability ................................................................................ 77 Section 1.04 Warning and Disclaimer of Liability .................................... 77

Section 2.00 Building Permits Reqluired ..................................................... 78 Section 2.01 Issuance of Building Permit ........................ ........................... 78 Section 2.02 Application Procedures and Requirements ......................... 78 Section 2.03 Review of Application by Others ............................................ . . 80 Section 2.04 Changes ................................................................. ,. .............. : ....... 80 Section 2.05 Placards ....................................................................................... 80 Section 2.06 Start of Construction ................................................................. 81 Section 2.07 Inspection and Revocation ....................................................... 8.1 Section 2.08 Fees ............................................................................................... . . . . . . 82 Section 2.09 Enforcement ................................................................................ 82 Section 2.10 Appeals ........................................................................................ 83

ARTICLE 111 IDENTIFICATION OF FLOODPLAIN AREAS' ............... : ....... ; .... 83 Section 3.00 Identificatio ra .............................................................................. 83 Section 3.01 Determination of the One Hundred (loo)>. Year'Flood

Elevation .................................................................................... ~ 8 3

ARTICLE I1 ADMINISTRATION ................................................................................ 78

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Section 3.03 Boundary Disputes ................................................................... 84 ARTICLE IV GENERAL TECHNICAL REQUIREMENTS ................................ 84

. . Section 4.01 Design and Construction Standards ....... I . ................................. ' 8. 4 :

Section 4.03 Special Requirements for Mobile Homes. ........................... . . . . . . .

Section 5.00 General .......................................................................................... . . .

... Section 5.0 1 Application Requirements for Special Permits .................. 91

89 . ARTICLE V ACTMTIES Rl3QUIRING SPECLAL PERMITS: ........................... 90

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Section 5.03 Special Technical Requirements ............................. : .............. 94

AREAS ................................................................................................... 95 Section 6.00 Existing Structures ................................................................... 95 Section 6.0 1 Improvements ............................................................................ 95

ARTICLE VI1 VARIANCES ...................................................................................... 95 Section 7.00 General ........................................................................................ 96 Section 7.01 Variance Procedures and Conditions ................................... 96 ..

AR"ICL;E VIII DEFINITIONS ............................................................................ ..... -97 Section 8.00 General ........................................................................................ 97 Section 8.0 1 Specific Definitions ................................................................... 97

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ARTICLE VI EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN . . .

SATELLITE TELEVISION ANTENNA AND ANTENNA TOWER ORDINANCE ........................................................... 100

1 .DEFINITIONS. .............................................................................................. 1 00 2.SATELLITE ANTENNA LOCATION: .................................................. .. 100 3.ANTENNA SIZE: .......................................................................................... 101

ORDINANCE NO . 1991-1 ........................................................................................ 102 ORDINANCE NO . 1993-1 ........................................................................................ 118

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ce No. 1986 AN ORDINANCE REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN ABUILDING

.. PERMIT FOR ANY CONSTRUCTION OR DEVELOPMENT NG FOR THE ISSUANCE OF SUCH BUILDING PERMITS:

8 FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW CONSTRkJCTION' AND DEVELOPMENT WITHIN AREAS OF THE TOWNSHIP OF BMTRESS WHICH

ANY PERSONS WHO FAIL, OR REFUSE TO COMPLY WITH THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.

BE IT ENACTED AND ORDERED by the BASTRESS TOW&XIP,'LYCOMING COUNTY, PENNSYLVANIA, and it is hereby enacted > . and ordained by the ~ authority * "

of the same as follows:

ARE SUBJECT TO FLOODING; AND ESTABLISHING PENALTIESFOR .

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TICLE I GENERAL PROVISIONS ~

Section 1.00 Intent

The intent of this Ordinance is to:

A. Promote the general health, welfare, and safety ofthe community.

B. Encourage the utilization of appropriate construction practices in order to '

C. Minimize danger to public health by protec&g water supply and natural

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prevent or minimize flood damage in the e. P I

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drainage.

D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in are? subject to flooding.

E. Comply with federal and state floodplain management requirements.

A. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the township unless a Building Permit has been obtained from the

uilding Permit Officer. hl6-p.i- t ! W B. A Building Permit shall be required for minor repairs to existing buildings or

structures.

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Section 1.07. Ab rogation and Greate r Restr ictions

This Ordinance supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any c o d c t between any of the provisions of this Ordinance, the more restrictive shall apply.

Sect ion 1.03 Se verability

If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be sever able.

* Secti on 1.0 4 Warning and D i sc laimer o f Liabilitv I

The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice j&s and bridge openings restricted by debris. This Ordinance does not imply that areas outside any identified floodplain are, or that land uses permitted within such areas will be free from flooding OP flood damages.

This Ordinance shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

* See 1990 Amendments, Page 1

Permits shall be required before any construction or development is en w i t h any area of the Township.

Section 2.01 Issuance o f Building Perm&

A. The Building Pennit Officer shall issue a Building Permit only after it has been determined that the proposed work to be undertaken will be in conformance with

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B. Prior to the issuance of any building permit the building Permit Officer shall review the application for permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); the US. Clean Water Act, Section 404,33, U.S.C. 1344. No permit shall be issued until this determination has been made.

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C. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been fist obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management. /J C

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Pennsylvania Department of shall be notified by the

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Section 2.02 Atq2lumon Procedures and Re- . .

A. Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Township. Such application shall contain the following:

1. Name and address of applicant.

2. Name and address of owner of land on which proposed construction is to OCCUT.

3. Name and address ofcontractor.

4. Site location.

5. Listing of other premits required.

6. Brief description of proposed work and estimated cost.

7. A plan of the site showing the exact size and location of the proposed construction, as well as any existing buildings or structures.

B. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in suflicient detail and clarity to enable the Building Permit officer to determine that:

(a) all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

(b) all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

(c) adequate drainage is provided so as to reduce exposure to flood hazards.

Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Section 5.01) as may be required by the Building Permit Officer to make the above determination:

1. A completed Budding Permit Application Form

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2. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one-hundred (100) feet or less, showing the following

a. north arrow, scale, and date;

b. topographic contour lines, if available;

c all property and lot lines including dimensions, and the size of the site expressed in acres OF square feet;

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d. the location of al l existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;

e. the location of all existing streets, drives, and other accessways; and

f the location of any existing bodies of water or water courses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.

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Plan of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: . .

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a. the proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;

b. the elevation of the one-hundred (100) year flood

c if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with one-hundred (100) year flood; and ,

d. detailed information concerning any proposed flood-proofing measures. I

k ’ -, . ’ 3 Review of w a t i o n bv Others . .

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I . A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Building Permit O&er to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.

After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans,. specifications or other documents submitted with the application without the written consent of approval of the Building Permit OfFicer. Requests for any such change shall be in writing, and shall be submitted by the applicant to Building Pennit Officer for consideration.

Section 2.05 PI ac ard s

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In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit; the date of its issuance and be signed by the Building Permit m c e r .

Section 2.06 Start of Co nstruc tion

Work on the proposed construction and/or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, m g , excavation for basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service Lines from the street.

Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth suf6cient and reasonable cause for the Building Permit Officer to approve such a request.

Sect ion 2.07 InsDection and Re vocation

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A. During the construction period, the building Permit Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws and ordinances. He shall make as many inspections during the upon completion of the work as are necessary.

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B. In the discharge of his duties, the Building Permit Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.

C. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Pennit officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

D. A record of all such inspections and violations of this ordinance shall be maintained.

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Section 7#.08 Fees

Applications for a building permit shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction as determined by the Building Permit W c e r at the following rates:

Fee Estimated Cost - $200.00 to $500.00 $ 4.00 $501.00 to $1,000.00 $ 7.04) $1,001.00 to $1,500.00 $ 8.00 $1,50 1.00 to $2,500.00 $10.00 $2,501.00 to $5,000.00 $15.04) for each additional $1,000.00 $ 1.00 additional

ion 2.09 Enforcemeu

A. Notices

Whenever the Building Permit Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Ordinance, or of any regulation adopted pursuant thereto, the Building Permit Officer shall give notice of such alleged violation as hereinafter provided. Such notice shall (a) be in writing; (b) include a statement of the reasons for its issuance; (c) allow a reasonable time not to exceed a period of thirty (30) days for the performance of any act it requires; (d) be served upon the property owner or his agent as the case may require, provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State; (e) contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance. * ,

B. Penalties

Any person who fails to comply with any or all of the requirements or provisions of this Ordinance or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Township of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed ten (10) days. Each day during which any violation of

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this Ordinance continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance. The imposi'tion of a fine or penalty for any violation of, or noncompliance with, this Ordinance shall not excuse the violation or non-compliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in non-compliance with this Ordinance may be declared by the Board of Supervisors to be a public nuisance and abatable as such.

secti on 2.10 AD peals

A. Any person aggrieved by an action or decision of the Building Permit Officer concerning the administration of the provisions of this Ordinance, may appeal to the Board of Supervisors. Such appeal must be med, in writing, within thirty (30) days after the decision or action of the Building Permit m c e r .

B. Upon receipt of such appeal, the Board of Supervisors shall set a time and I

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place, within not less than ten (10) nor more than thirty (30) days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.

C. Any person aggrieved by any decision of the Board of Supervisors may seek relief therefrom by appeal to court, as provided by the laws of this Commonwealth, including The Pennsylvania Flood Plain Management Act.

ARTIC LE 11 I IDENTIFICATION 0 F FLOODPLAIN AREAS

**e Section 3 .OO Identification

The identified floodplain area shall be any area of the Bastress Township, subject to the one hundred (100) yew flood, which is identified as Zone A (Area of Special Flood Hazard) on the Flood Insurance Rate Mag (FIRM) dated September 24, 1984, (or the most recent revision thereof) as issued by the Federal Emergency Management Agency (FEMA).

For the purposes of this Ordinance, the one hundred (100) year flood elevation shall be used as the basis for regulation. To determine the one hundred year flood elevation, the elevation at a given point on the boundary of the identified

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floodplain area which is nearest the construction site in question wi l l be used. In helping to make thh necessary elevation determination, other sources of data, where available, shall be used such as:

A. Corps of Engineers - Floodplain Information Reports

B. U.S. Geological Survey - Flood Prone Quadrangles

C. U.S.D.A., Soil Conservation Service - County Soil Surveys,(AlIu~al Soils) or P.L. 566 Flood Information

D. Pennsylvania Department of Environmental Resources - Flood Control Iaves tigations

E. Known Highwater Marks &om Pas Floods

F. Other sources , .

In lieu of the above, the municipality may+require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. .Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certldjl that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in suflicient detail to allow a thorough technical review by the Township. I

The identdied floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a q u a e d agency or person documents the need for such revision. However, prior to any suchxhange, approval must be obtained from the Federal Insurance Administration (FIA).

Section 3.03 Bounbry DisDutea

Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township PlAnning Commission and any party aggrieved by this decision may appeal to the Board of Supervisors. The burden of proof shall be on the applicant.

TI- IV G W L TECHNICAL REOUIREMENTS

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The following minimum standards shall apply for all construction and development proposed within any identified- floodplain area:

A. Fill

Iffill is used, it shall:

1. extend laterally at least fifteen (15) feet beyond the building line from all points;

2. consist of soil or small rock materials only - Sanitary Landfills-shall not be p errnit t ed;

3. be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

4. be no steeper than one (1) vertical or two (2) horizontal, feet unless substantiated data, justlfylng steeper slopes are submitted to, and approved by the Building Permit-Officer;. and,

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6. be used to the extent to which it does not adversely affect adjacent properties.

B. Drainage Facilities :* .

Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall &sure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

C. Water and Sanitary Sewer Facilities and Systems

1. All new or replacement water and sanitary sewer facilitAas and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

2. Sanitary sewer facilities and systems shall be designed to preventthe discharge of untreated sewage into flood waters.

3. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local

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D.

regulations for such systems. If any such system is permitted, it shall be located so aa to avoid impairment to it, or contamination &om it, during a flood.

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Other Utilities

All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

E. Streets

The finished elevation of all new streets shall be no more than one (1) foot below the Regulatory Flood Elevation.

F. Storage

All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 4.02. Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood Elevation and/or- flood proofed to the maximum extent possible.

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G. Placement of Buildings and Structures

***H

All buildings and structures shall be designed, located, and constructedho as to offer the minjmum obstruction to the flow of water and shall be designed to have a mjnimum effect upon the flow and height of flood water. 1

Anchoring

1. AU buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

2. All air ducts, large pipes, storage tanks, and other similar objects or components located below the Regulatory Flood Elevation, shall be securely anchored or af3kced to prevent flotation.

I. Floors, Walls and Ceilings

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1. Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain witbout caysing structural damage to the bdding.

2. Plywood used at or below the Regulatory Hood Elevation shall be of a "marine" or "Water-resistant" variety.

3. Walls and ceilings at or below the Regulatory Flood Elevation shall be designed and constructed of materials that are water-resistant and wil l withstand inundation.

4. Windows, doors, and other components at or below the Regulatory Flood ,

Elevation shall be made of metal or other water-resistant material.

J. Paints and Adhesives

1. Paints or other finishes used at or below the Regulatory Flood Elevation

2. Adhesives used at or below &e Regulatory Flood Elevation. shall be of a

3. All wooden components (doors, trim, cabinets, etc.) shall be &shed with a

shall be of "marine" or water-resistant quality. Y " .

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: "marine" or water-resistant variety. ..

"marine" or water-resistant paint or other h i sh ing material.

K Electrical Components,

1. Electrical distribution panels shall be at least three (3).feet above the one- hundred (100) year flood elevation.

2. Separate electrical circuits shall serve lower levels and shall be dropped from above.

L. Equipment

1. Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood Elevation.

M. Fuel SupplLy systems

1. AU gas and oil supply systems shall be designed to prevent the d t r a t i o n of flood waters into the system and discharges from the system into flood

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waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

Section 4.02 Development Which May endanger Human Life

A. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, any or substantidy improved structure which:

- will be used for the production or storage of any of the following dangerous materials or substances; or,

wi l l be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,

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- will involve the production, storage, or use of any amount of radioactive substances;

shall be subject to the provisions of this sectioa,,in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

1. 2. 3. 4. 5. 6. 7. 8. 9.

10. 11. 12. 13. 14. 15. 16. 17. 18.

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Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Hydrocyanic acid , 5 .

Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides (including insecticides, fungicides and rodenticides) Radioactive substances, insofar as such substances are. not otherwise regulated.

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B. Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bAk of any watercourse.

C. Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A., above, shall be:

1. elevated or designed and constructed to remain completely dry up to at least one and one-half (1- 1/2) feet above the one hundred (100) year flood and,

2. designed to prevent pollution from the structure 01: activity during the course of a one-hundred (100) year flood.

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Any such structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the public-action "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.

n 4.03 Replllrements for M o m I

1.

A. Within any identified floodplain area, all mobile homes and any additions thereto shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.

***B. Where permitted within any identified floodplain area, al l mobile homes and additions thereto shall be:

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1. anchored to resist flotation, collapse, or lateral movement by providing over- the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Homes Induding Mobile Home Park Requirements, (NFPA No. 501A- 1974 )ANSI All 9.3-1975)) as amended for Mobile Homes in: Hurricane Zones or other appropriate standards such as the following

a. over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per sidebat intermediate locations for units M y (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.

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b. Frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units M y (50) feet or more in length, and four (4) additional ties per side for units less than. fifty (50) feet in length.

c. all components of the anchoring system shall be capable of carrying a force of four thousand, eight hundred (4,800) pounds.

2. elevated in accordance with the following requirements:

a. the stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be one and one-half (2-112) feet or more above the elevation of the one hundred (100) year flood.

b. adequate surface drainage is provided.

c. adequate'access for a hauler is provided.

d. where pilings are used for elevation, the lots shall be large enough, to permit steps; piling foundations shall be placed in stable soil no more than ten (10) feet apart; reinforcement shall be provided for, pilings that will extend for six (6) feet or more above the ground level.

C. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township officials for mobile home parks.

TICgE V ACTIVITIES REOU-G SPECIAL. PERMITS

Section ~5.00 General

In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identsed floodplain area unless a Special Permit has been issued by the Borough:

A. The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

1. hospitals

2. nursing homes

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3. jails or prisons - >

B. The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.

Section 5.01 Application Reauirements for SDecial Permits

Applicants for Special Permits shall provide five copies of the following items:

A. A written request including a completed Building Permit Application Form.

B. A small scale map showing the vicinity in which the proposed site is located.

C. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) fee or less, showing the following:

1. north arrow, scale and date;

2. topographybased upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two (2) feet;

3. all property and lot lines including dimension, and the size of the site

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expressed in acres or square feet;

4. the location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

5. the location of any existing bodies of water or water-courses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development; ' I

6. the location of the floodplain boundary line, information and spot elevations concerning the one hundred (100) year flood elevations, and information concerning the flow of water including direction and,velocities;

7. the location of al l proposed buildings, structures, utilities, and any other improvements; and

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8. any other information which the municipality considers necessary for adequate review of the application.

D. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

1. sufFiciently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate;

2. for any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor; :

3. complete information concerning flood depths, pressures, velocities, impact and uplifz forces, and other factors associated with the one hundred (100) year flood;

4. detailed information concerning any proposed flood-proofing measures; .

5. cross-section drawings for all proposed streets, drives,, other accessways, and parking areas, showing all rights-of-way and pavement widths;

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6. pro& drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and

7. plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

E. The following data and documentation:

1. certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned

*. 2 by the applicant or the client he represents;. l, ,.;

2. certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one hundred (100) year flood;

3. a statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly mur &om the development during the course of a one hundred (100) year flood, including a statement concerning the effects such pollution may have on human life;

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4. a statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one hundred (100) year flood elevations and flows;

5. a statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete, and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the.one hundred' (100) year flood elevation and the effects such materials and debris may have on one hundred (100) year flood elevations and flows;

6. the appropriate component of the Department of Environmental Resources "Planning Module for Land Development";

7. where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control; I

8. any other applicable permits such as, but not Limited to, a permit for any activity regulated by the Department of Environmental Resources under

I , . , Section 302 of Act 1978-166; and 1 ,

9; an evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one hundred (100) year flood.

Section 5.02 Application Review Procedures

Upon receipt of an application for a Special Permit by the Township, the following procedures shall apply in addition to those of Article 11:

A. Within three (3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.

€3. If an application is received that is incomplete, the Township. shall no* the applicant in writing, stating in what respect the application is deficient.

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C. If the Township decides to disapprove an application, it shall not* the applicant, in writing, of the reasons for the disapproval.

D. If the Township approves an application, it shall file written notXcation, together with the application and all pertinent information, with the Departmept of Community Affairs, by registered or certified mail, within five (5) working days after the date of approval.

E. Before issuing the Special Permit, the Township shall allow the Department of Community Affairs thirty (30) days, after receipt of the notfication by the Department, to review the application and decision made by the Township.

F. If the Township does not receive any communication from the Department of Commuzlity Affairs during the thirty (30) day review period, it may issue a Special Permit to the applicant.

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G. If the Department of Community Affairs should decide to disapprove an . I

application, it shall noti.@ the Township and the applicant, in writing, of the I

I Permit. 1

reasons for the disapproval, and the Township shall not issue the Special

tion 5.03 Soec ial Techn ic a1 Rea uiremen t s

A. In addition to the requirements of Article fi of this Ordinance, the following

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~ minimum requirements shall also apply to any proposed development requiring a Special Permit, If there is any conflict between any of the following requirements and those in Article IV of this Ordinance or in any other code, ordinance, or regulation, the more restrictive provision shall apply.

B. No application for a Special Permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

1. Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:

a. the structure wil l survive inundation by waters of the one hundred (100) year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one hundred (100) year flood elevation.

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2.

b. the lowest floor elevation wi l l be at least one and one-half (1-1/2) feet above the one hundred (100) year flood elevation.

e, the occupants of the structure can remain inside,for an indefinite period of time and be safely evacuated at any time during the one-hundred (100) year flood.

Prevent any sigmf5cant possibility of pollution, increased flood levels or flows, or debris endangering life and property.

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All hydrologic and hydraulic analyses shall be undertaken only by professional +

engineers or others of demonstrated qualifications, who shall certify that the technical methods used ~ ~ r r e ~ t l y reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Towaship and the Department of Community Mairs.

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ART STRUCTURES IN IDENTIFIED - ICLE VI EXISTING * " :!

s m I 3 i 2 u m g SmuaKa . .

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The provisions of this Ordinance do not require any changes or improvements to be made to lawhlly existing structures. However, when an improvement is made to any existing structure, the provisions of Section 6.01 shall apply.

Section 6-01 mrovements

The following provisions shall apply whenever any improvement is made to an existing structure located within any identSed floodplain area:

A. Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.

B. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or flood-proofed to the greatest extent possible.

ARTICLE VI1 VARIANCES

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If compliance with any of the requirements of this Ordinance would result in &I exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.

Sectio ~ res i i n

Requests for variances shall be considered by the Township in accordance with the procedures contained in Section 2.11 and the following:

A. Except for a possible modification of the one and one half (1-1/2) foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining speciscally to development regulated by Special Permit (Article V) or to Development Which May Endanger Human Life (Section 4.02).

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B. If granted, a variance shall involve only the least moddication necessary to provide relief.

C. In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Ordinance.

D. Whenever a variance is granted, the Township shall nobfy the applicant in writing that:

1. the granting of the variance may result in increased premium rates for flood insurance.

2. such variances may increase the risks of life and property.

E. In reviewing any request for a variance, the Township shall consider, at a minjmum, the following:

1. that there is good and sufEcient cause.

2. that failure to grant the variance would result in exceptional hardship to the applicant.

3. that the granting of the variance will (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety,

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or extraordinary public expense, (ii) nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations. . ,

***F. A complete record of all variance,request and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred (100) year flood.

TICLE VI11 DEFINITIONS

tion 8.00 G W

Unless specifically defined below, words and phrases used in this&Ordinance shall be interpreted so as to give this Ordinance its most reasonable application.

Sect - '0 ion 8.01 S-wcific Definiti na . .

A. Accessory use or structure - a w e or structure on the same lot with, and of a nature customarily incidental and subordinate to,,the principal use or structure.

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B. Building - a combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.

$ 1

C. Construction - the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.

D. Development - any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.

E. Flood - a temporary inundation of normally dry land areas.

F. Floodplain area - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or

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watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters fiom any source.

G. Flood-proofing - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

H. Minor repair - the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement o f parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

I Mobile Home - means a transportable, single family dwelling, intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.

J. Mobile Home Park - a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use.

K One hundred year flood - a flood that, on the average, i s hkely to occur once every one hundred (100) years (i.e. that has one (1) percent chance of occurring each year, although the flood may occur in any year).

L. Regulatory flood elevation - the one hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1-112) feet.

M. Special permit - a special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.

N.

-0.

P.

Structure - anything constructed or erected on-the ground or attached to the ground-including, but not limited to buildings, sheds, mobile homes,. and other similar items.

Subdivision - the division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other division of land including changes in existing lot lines for the purpose, whether immediate or future, of lease,: transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or residential dwellings shall be exempted: :

Substimtial improvement --any repair, reconstruction, or improvement of a , structure, the cost of which equals or exceeds 50 percent of the market value of the>.structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the dynage

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ENACTED-AND ORDAINED BASTRESS TOWNSHIP BOARD OF SUPERVISORS I _ .i

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BASTRESS TOWNSHIP SAT ELLITE TELEV ISION AN TENN A AN D ANTENNA TOWER

" E s!Immua BE IT ORDAINED, by the Bastress Township Board of Supervisors, in public meeting assembled, hereby enacted and ordained by its authority, the following Satellite Television Antenna Ordinance as follows:

No satellite television antenna shall be erected, constructed, maintained or operated except in conformance with the following regulations:

1. DEFINITI ONS;

1.1 Satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

1.2 Usable satellite signals are satellite signals, from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality toithose received from local commercial television stations or by way of cable television.

1.3 A satellite reception permit is a permit issued from the Township granting the placement of an antenna in areas as set forth in Section 2.3, and at heights as set forth in Section 3.2.

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2.1 In any commercial, industrial or multi-family residential zone, such antenna may be located anywhere on the lot or buildings thereon.

2.2 In a noncommercial or single family zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot. If usable satellite signals cannot be obtained &om such rear yard, the antenna may be located on the side yard.

2.3 In the event that usable satellite signals cannot be received by locating the antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of the dwelling structure, provided that a satellite reception permit is obtained prior to such installation from the Township. Such pennit shall be issued upon a showing by the applicant that usable satellite signals are not receivable from any location on the property other than the location selected by the applicant. No fee shall be

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assessed and no public hearing shall be required for the issuance of such permit. A satellite reception permit shall not be required for installations complying with Sections 2.1 and 2.2.

3 . A S w

3.1 In a non-commercial or single family zone, a satellite television antenna shall not exceed twelve (12) feet in diameter, and a ground-mounted satellite television antenna shall not exceed twenty (20) feet in height, including any platform or structure upon which said antenna is mounted or affixed. As to any set back, limitations or a satellite television antenna, said set back requirements shall be in accordance with the Bastress Township Zoning Ordinance currently in effect, or maximum antenna height, whichever is greater.

3.2 If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitation imposed by Section 3.2, such antenna may be installed at a greater height, provided that a satellite reception permit is obtained prior to such installation from the Township. Such permit shall be issued upon a showing by the applicant that installation at a height greater than twenty (20) feet is necessary for the reception of usable satellite signals. No fee shalI be assessed and no public hearing shall be required for the issuance of such permit. A satellite reception permit shall not be required for installations complying with Section 3.1.

3.3 Except in a commercial, industrial OP multi-family residential zone, satellite television antennas shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets.

3.4 Antennas shall meet all manufacturers' specikations, be of non- combustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner.

3.5 Every antenna must be adequately grounded for protection against a direct strike of lightning. I

3.6 Every antenna and antenna tower shall not be at a height greater than 60 feet, unless a permit has been issued by the Township.

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INANCE NO. 1991 - 1" - t - r * " ~

BASTRESS TOWNSHIP ZONING ORDINANCE AMENDMENTS

AS A RESULT OF THE SWEEPING CHANGES MADE IN THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE AND A S A RESULT OF THE NEED TO UPDATE PORTIONS OF THE BASTRESS TOWNSHIP ZONING ORDINANCE OF 1976, AS AMENDED, IN ORDER TO BRING-IT INTO FULL AND COMPLETE COMPLIANCE

INSURANCEPRQGRAM AND THE PENNSYLVANIA FLOODPLAIN MANAGEMENT ACT, THE FOLLOWING AMENDMENTS WERE THE SU&TECT OF A PUBLIC'- - , HEARING HELD DURING THE REGULAR MONTHLY MEETING OF THE BNTRESS

WITFI ALL THE RULES AND REGULATIONS OF BOTH THE NATIONAL FLOOD

TOWNSHIP SUPERVISORS HELD 0 LLOWINGTHEIR . - SUBMISSION FOR REVIEW AND CO FEDEw, STATE AND LOCAL AUTHORITIES. THEY WERE ADOPTED FOLLOWING,THE PUBLIC HEARING WITHOUT CHANGE, AND THEY ARE SET FORTH HEREINAFI'ER, WITH NOTATIONS ALSO BEING MADE IN THE BODY OF THE ORDINANCE ITSELF A S TO ALL AMENDMENTS. THESE AMENDMENTS BECAME EFFECTIVE 1991.

DECEMBER 9, -%

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AMENDMENTS TO THE BASTRESS TOWNSHIP ZONING ORDINANCE 1976, AS PREVIOUSLY AMENDED

ARTICLE 1, titled ORDAINING CLAUSE, Page 1.1, is amended so as to read in its entirety as follows:

ORDAINING CLAUSE - The Supervisors of Bastress Township under authority granted by Articles VI through X-A, of Act 170, the Pennsylvania Municipalities Planning Code, as enacted 1988, Dee. 21, P.L. 1329,53 P.S. &lo101 et seq., do hereby ordain that this Ordinance is intended to promote public health, safety, morals and the general welfare of the Bastress Townsbrp residents. It is further s p e d e d that at any point in this Ordinance that sections of the original Pennsylvania Municipalities Planning Code, known as Act 247, are referred to, hereinafter such references shall be considered to refer to sections of the new Act 170, as they appear in Title 53 with appropriate section numbers.

ARTICLE 1, SECTION 1.04, WARNING AND DISCLAIMER OF LIABILITY, Page 2, is amended by adding a third paragraph at the end thereof which reads as follows:

1.04 WARNING AND DISC-R OF LIABILITY - This Ordinance supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Ordinance, the more restrictive shall apply.

ARTICLE 3, SECTION 3.00, BASIS FOR FLOODPLAIN DISTRICT, Page 8, is amended so as to read in part as follows:

3.00 IDENTIFICATION FOR FLOODPLAIN DISTRICT - . . . . These flood areas are designated as approximated areas on the Township's Flood Insurance Rate Map, dated September 24, 1984.

ARTICLE 3, SECTION 3.01, Determination of the One Hundred (100) Year Flood Elevation, Page 9, is further amended by adding a third and fourth paragraph at the end thereof which read as follows:

3.01 DETERMINATION OF THE ONE "DmD (100) YEAR FLOOD ELEVATION - For purposes of this Ordinance, the one hundred (100) year flood elevation shall be used as the basis for regulation. When available, information from other Federal, State and other acceptable sources shall be used to determine the one hundred (100) year elevation, as well as a floodway area, is possible. When no other information is available, the one hundred (100) year elevation shall be

103

determined by using a point on the boundary of the identiiied floodplain area which is nearest the construction site in question.

In lieu of the above, Bastress Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Such analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certrfy that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

ARTICLE 4, SECTION 400, GENERAL TECHNICAL REQUIREMENTS, Page 10, is amended so as to delete Section 4.00, A through D, replacing both with new Section 4.00, which reads as follows:

ARTICLE IV GENERAL TECHNICAL REQUIREMENTS ! I

SECTION 4.00 GENERA+ 1 ,

1) In the identified floodplain area, the development ansor use of any land shall be permitted provided that the development andor use complies with the restrictions and requirements of this and all other applicable codes and ordinances in force in Bastress Township.

2) Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one hundred (100) year flood elevation.

3) In order to prevent excessive damage to buildings and structures due t o conditions of flooding, the following restrictions shall apply to all construction, development and substantial improvement occurring after the effective date of these Ordinance Amendments in the General Floodplan District. (Further guidelines for floodproofing are available in Flood-Proofing Regulations, Corps of Engineers, June 1972.) It should be noted that where the regulations say "to or above the one-hundred (100) year flood elevation", it is recommended that the applicant consider for the protection of his property, elevating 1-1/2 ft. or 18 in. above the one-hundred (100) year floodplain elevation.

4) Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be constructed or elevated to or above the one-hundred (100) year flood elevation.

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5) Within any identifled floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved non-residential structure shall be constructed or elevated to or above the one-hundred (100) year flood elevation. Any non-residential structure, or part thereof, having a lowest floor which is not elevated 18 in. to or above the 100, year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the Wl-or W2 space classification standards contained in the publication entitled "Flood-Proohg Regulations" published by the Corps of Engineers, June 1972, or with some equivalent standard. -All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in.conformance..with the above-referenced standards.

6) Enclosed areas below the lowest floor (including basement) are prohibited.

ARTICLE IV, SECTION 4.03, SPECIAL REQUIREMENTS FOR MOBILE HOMES, Pages 14 and 15, is amended so as to add to Section B, Number 3, which reads as

. follows:

B. SPECIAL REQUIWMENTS FOR MOBILEtHOMES ..

Where permitted within any identified floodplain area, all mobile homes and additions thereto sball be:

3) Placed on a permanent foundation.

ARTICLE IV, SECTION 4.010, DESIGN AND CONSTRUCTION STANDARDS, Page 12, SECTION H(l), is amended so as to read in itsentirety as follows:

4.01("). DESIGN AND CONSTRUCTION STANDARDS.

E. ANCHORING

1) All buildings and structures, including mobile homes, shall be firmly anchored in accordance with accepted engineering practices to prevent floatation, collapse or lateral movement.

2) All air ducts, large pipes, storage tanks and other M a r objects or components located below the Regulatory Flood Elevation shall be securely anchored or a.Exed to prevent floatation.

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ARTICLE V, SECTION 506 and SECTION 317, Pages and , are amended to provide that Setback Regulations for septic systems shall be within the discretion of the Bastress Township Planning Comrllission.

ARTICLE V. SECTION 624(A)(1), minimum lot width, Page delete "Three hundred (300) feet 'at the setback line"'.

, is amended to

ARTICLE VI, SECTION 6.01, EXISTING STRUCTURES IN FLOODPLAIN DISTRICTS, IMPROVEMENTS, Page 21, is amended so as to add a Subsection C, which shall read in its entirety as follows:

6.0 1 EXISTING STRUCTURES IN FLOODPLAIN DISTRICTS, IMPROVEMENTS

C. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred (100) year flood. I

ARTICLE VI, SECTION 606, AREA AM) BULK REGULATIONS, Page , is amended to add to this Section that as to Regulations for Septic Systems, any setback regulations shall be within the discretion of the Bastress Township Planning Commission.

ARTICLE VIII, SECTION 803, VARIANCES, Page 22, is amended by adding a Subsection G, which shall read in its entirety as follows:

7.0 1 VARIANCE PROCEDURES AND CONDITIONS

G. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred (100) year flood elevation.

?

* ,

ARTICLE VIII, SECTION 803, ADVERTISING SIGN BOARDS AND BILLBOARDS, Page , shall read as follows:

Advertising sign boards and billboards may be erected and maintained only on commercial and industrial property and only when they relate or refer directly to the use conducted on the premises, or to the material or products made, sold or displayed an the premises. Such signs and billboards shall not exceed three hundred (300) square feet in area.

\

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ARTICLE VIII, SECTION 804, is amended to read that the size of the business identification signs shall not exceed one hundred (100) square feet in area. The remaining section remains in full force and effect.

ARTICLE X, SECTION 1005, ZONING HEARING BOARD, Page 10.7, is amended so as to add Subsection A, Seusection (1) and (2), which shall read in its entirety as follows:

1005. ZONING HEARING BOARD

(1) Members of the Board shall hold no other office in Bastress Township. r

(2) The Township Board of Supervisors may appoint by resolution at least one, but no more than three residents of the Township to serve as alternate members of the Board. When seated pursuant to the provisions of 53 P.S. 10906, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same extent as provided by law for Board members. Alternates shall hold no other office in Bastress Township. Alternates shall not be entitled to vote unless designated as a voting alternate, but they may participate in any

* :- proceeding or discussion of the Board concerning matters which the Board is involved in voting rights when they have not been designated alternates in accordance with 53 P.S. 10906.

-t

ARTICLE I, SECTION 1005@), POWERS, Page 10.7, is amended so that the first opening statement shall read in its entirety as follows:

1005. ZONING HEARING BOARD

K. Any person aggrieved by any decision of the Board may appeal therefrom within kr ty (30) days from the issuance of said decision to the Court of Common Pleas of Lycoming County, all in accordance with the provisions of Article X-A, Sections 11001-A through 11006-A inclusive, 53 P.S. $8 11001-A thru 11006-A.

ARTICLE X, SECTION 1004, ENFORCEMENT, PENALTY AND REMEDY, Page 10.5, is amended so as to read in its entirety as follows:

1004 ENFORCEMENT, PENALTY ANID REMEDY

Failure to secure a zoning permit when required under this Ordinance, or failure to carry out any of the provisions of this Ordinance shall constitute a violation of the same and be dealt with in the following manner.

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A. ENFORCEMENT NOTICE

Hit appears to the Township that any violation has occurred, the Township s l id initiate enforcement proceedings by sending an enforcement notice as required in Section 10616.1 of the Code, 53 P.S. §10616.1. Said notice shall be sent to the owner of record of the parcel on which the alleged violation has occurred, to any

. person who has fled a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. The contents of the notice shall be as required in 53 P.S. 5 106 16.l(c)(l) thru (6).

I

B. PENALTIES

Any person, partnership or corporation who or which has violated the provisions of this Ordinance shall, upon being found liable therefore in a civi l enforcement proceeding commenced by the Township, pay a judgment of not more than $500.00 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, leiried or payable until the date of the determination of a violation by any district justice before whom the initial proceedings are brought. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable d e s of civil procedure then in effect. Each day that a violation continues shall constitute a separate violation, unless the district justice originally determining a violation further determines that there was a good faith basis for the violator to have believed that there was no such violation. In that event, there shall be believed that there was no such violation. In that event, there shall be deemed to have been only one such violation until the Wth day following the date of the determination of a violation, and thereafter each day that it continues shall constitute a separate violation.

1) The Court of Common Pleas of Lycoming County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

2) Nothing contained herein shall be construed or interpreted to grant to any party other than Bastress Township the right to commence any enforcement action pursuant to this section.

C. CAUSES OF ACTION

In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Ordinance, the Board of Supervisors, with the approval of said Board, the Zoning Officer, or any aggrieved owner or tenant of real property who

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shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate-action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of such action shall be served on Bastress Township -at least W y (30) days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

ARTICLE 111, SECTION 302, DEFIMTIONS, Page 3.1, is amended by inserting an opening statement prior to the beginning of the individual definitions which shall read in its entirety as follows:

302 DEFINITION OF TERMS

Additional definitions now set forth in the revised municipalities Planning Code that are not set forth hereinafter, either in their revised form or as is, are hereby incorporated by reference to the same as they appear in such Code, §107,63 P.S. #1010'7, to be used as set forth therein in'the use and

* interpreting the language of this Ordinance to determine the extent of the restrictions upon the use of the property in question, the language shall be

I -e 1 interpreted, where doubt exists as to the intended meaning of the language - 4 contained herein, in favor of the property owner and against any implied

., extension of the restriction.

ARTICLE III, SECTION 302, DEFINITIONS, Page 3.1, etc., is amended by inserting andlor modifying the following dehitions on the pages indicated as follows:

Bottom of Page 3.2: I

CONSTRUCTION: The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile or modular homes.

Page 3.6:

MEDIATION: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

Page 3.6:

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MOBILE HOME: A transportable, singlefamily dwelling .............................. ........... so that it may be used with a permanent foundation. For floodplain . management purposes under Article 9, the term includes park trailers, travel trailers, recreational and other similar vehicles placed on site for more than 1 consecutive days.

0

Page 3.9:

SUBDIVISION: The division or revision of a lot, tract or parcel of land by any means into two or more lots tracts ox parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the subdivision by lease for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or residential dwellings shall be exempted.

BASEMENT: That portion of a building which is partly, but less than half the floor-toceiling height, below the average grade adjoining the building, as distinguished from "cellar" which means a story more than half below grade. The basement is counted as a story for the purpose of determining building height.

BILLBOARDS OR ADVERTISING SIGNS: Signs which direct the motorist or pedestrian to a business establishment or call the attention of the motorist or pedestrian to a product, place or activity that exists or occurs at locations other than the location upon which the sign is erected. A double-faced sign (back-to- back) shall count as one sign.

BILLBOARDS: Such signs shall be in accordance with the following criteria:

(a) Such signs shall not exceed twelve (12) feet in height nor twenty-five(25) feet in length inclusive of all trim and border area.

(b) Such signs shall be set back from any property line abutting a limited access highway a distance of thirty (30) feet and a minimum of ten (10) feet from a property line abutting any other street.

(c) Such signs shall have no portion exceeding a height of thirty-five (35) feet above ground level at the curb or edge of pavement.

BUILDING: Any structure enclosed and isolated by exterior walls and roof, constructed or used for residential, business, industrial or other public or private

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purposes and accessory thereto. Where the context allows, the word "building" shall be construed as though followed by the words "or part or parts thereof'.

BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which such building is situate.

CELLAR: A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or in measuring building height.

DAY NURSERY A facility used for the care of five (5) or more young children.

FAMILY: Any number of individuals related by blood, marriage, or adoption or not more than three (3) unrelated individuals, excluding domestic help housed on the premises, living together as a single, non-profit housekeeping unit and doing their cooking on the premises, excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.

GARAGE, PRIVATE: An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than three (3) motor vehicles owned and used by persons other than the owner or tenant of the premises.

MOBILE H O m : A transportable, single-family dwelling intended for permanent occupancy, office of place of assembly contained in one (1) unit, or in two (2) units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with a permanent foundation. For floodplain management purposes under Article IX, the term includes pork trailers, travel trailers, recreational and other similar vehicles placed on a site for more than 180 consecutive days.

PERMANENT FOUNDATION: A masonry or concrete wall foundation encompassing the same perimeter as the dwelling unit.

SIGNS: Any pexmanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or includes any letter, words, insignia, flag or representation used as or which is in the nature of an advertisement,

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announcement, visual communication, direction, or is designed to attract the eye or bring the subject to the attention of the public. See Section VI11 for signs and their general regulations.

APPENDIX A, PAGE 10.13 PROCEDURE FOR AMENDING THE ZONING ORDINANCE, is amended so as to have the NOTE ready as follows:

NOTE: See Section 609, Act 170,53 P.S. 910609.

SECTION 1100, PLANNED RESIDENTIAL DEVELOPMENTS

ARTICLE XI, SECTION 1101, PLANNED RESIDENTIAL DEVELOPMENTS: This Section has been added to the Zoning Ordinance to provide for Planned Residential Developments. All regulations under the Bastress Township Zoning Ordinance shall be subject to the Planned Residential Developments and i t s provisions hereunder.

PLANNED RESIDENTIAL DEVELOPMENTS

A. Purpose

The purpose of Planned Residential Development regulations i s to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities, and public areas; and to preserve the natural and scenic qualities of open space.

B. Approval

Application procedures, tentative and final approvals, public hearings, and construction of Planned Residential Developments shall be in full accordance with Article vzf, Section 701 through 712, inclusive, of Act 247, the Pennsylvania Municipalities Planning Code as amended. The Planning Commission shall review and recommend to the Governing Body, either the approval, modification or rejection of such development. Final action shall remain the jurisdiction of the Governing Body.

The Subdivision and Land Development Ordinance of the Township shall be the guide to follow for tentative and k a l plans and for minimum physical improvement to the site. No subdivision plan approval is necessary; only the tentative and final plan approvals called for in Act 247 are needed. All regulations set forth under the Township Zoning Ordinance for signs, parking, loading, drainage and other applicable controls shall apply. Notwithstanding,

112

where this Article sets forth more stringent regulations andcontrols, such shall prevail.

C.

D.

Permitted Uses

Planned Residential Developments may include, but not necessarily be limited to, single dwelling units, two family dwelling units, multi-family dwelling units including multi-story structures or any combination thereof. It may also include non-residential uses deemed appropriate for incorporation in the design of the Planned Residential Development. Standards governipg the density or intensity of land use, the amount and location of open space, and the basis for incorporating non-resideatial uses shall be set forth.= an Ordinance applied to specific land area or areas within the municipality.

Review Standards i

I

The Township Planning Commission and Township Supervisors shall approve a Planned Residential Development only after finding that the development satisfies all of the following standards: I

1) Minimum Area. A Planned Residential Development shall include no less r - L @an ten (10) acres of land. I

2) Open SDace. A minimum of twenty-give (25) percent of the site area shall be developed as public open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.

3) Land Use. Proposed l a d uses shall not adversely affect surrounding development, shall be in accordance with the objectives and principles contained in the Goals and Objectives Study for Bastress Township, and shall take into consideration the natural characteristics and Limitations of the site, including but not limited to soils, vegetation, topography, floodplains, and microclimate, in order to locate development where it can occur with least cost and maximum benefit with a minimum disruption of natural processes.

4) Residential Densities. (Units per gross acre of land to be developed for each purpose.)

a. Single family residential structures shall not exceed five families per acre.

b. Duplex (two family structures) shall not exceed nine families per acre.

c. Multiple Dwellings (more than two per structure).

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Structures housing less than seven families shall not exceed twelve families per acre.

Structures housing less than seventeen (17) families shall not exceed sixteen families per acre.

Structures housing over seventeen units all designed for couples without children (elderly and others) shall not exceed fifty units per acre. .

5 ) Coverage and Yards _ L

a. Single family and two family structures not over 25%.

b. Mdti-family structures including Townhouses not over 35%.

c A setback of not less than thirty (30) feet from a public right-of-way for single and two family structures.

i

d. For other circumstances requiring a setback, the distance shall be recommended by the developer and shall be reviewed by the Planning Commission. Following the review they may be approved and/or adjusted as deemed necessary.

e. T4e minimum yard area shall be recommended by the developer and submitted for review by the Planning Commission. Following review they may be approved and/or adjusted as deemed necessary for the health, safety and welfare of the citizens.

f i *

6) Height of Structures. No regulations; however, the height suggested by the developer must be in conformance with good construction practices and be ample to provide space for proper use of the premises and to provide light and air for the health and welfare of the occupant. Heights shall not exceed those serviceable by the fire company.

7) Privacy. All new land developments and structures shall, by site planning, location and orientation of structures, provide visual and acoustical privacy between themselves and adjoining lots and structures. The conditions of existing adjacent lots and structures shall govern the design of new lot developments and structures in the question of privacy.

8) Commercial and Industrial Standards Area. No minimum; however, the developer must submit a proposal for site development including the basis

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upon which the need for the commercial and/or industrial enterprise was determined. The developer must demonstrate that the area proposed is sufficient to provide for all structures, service and parking areas and open space necessary to the proper functioning of the proposed use.

9) Design Standards

a. All buildings in their layout and design shall be an integral part of the development and have convenient access to and horn adjacent uses and blocks.

b. Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development. I

c. Treatment of the sides and rear of all buildings within the planned. development group shall be comparablein amenity and appearance to the treatment given to street frontage of these same buildings.- .,

e.

f:

The design of buildings and the parking facilities shall take advantage of the topography of the project site where appropriate, to provide separate levels of access. I.,

All building walls shall be so oriented as to ensure adequate light and air exposures to the rooms within.

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

All buildings shall be arranged so as to be accessible to emergency vehicles.

Landscam Design Standards

a. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

b. Primary landscape treatment shall consist of shrubs, ground cover, and street trees, and shall combine with appropriate walks and street

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surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.

c. Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan. *a> I

d. All streets bordering the project area shall be planted at appropriate intervals with street trees.

11) Circulation System Design Standards

a.

b.

c.

d.

e.

f.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.

.

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

Landscaped, paved and comfortable graded pedestrian walks shall be provided along the lines of the most intense uses, particularly fiom building entrances to streets, parking areas and adjacent buildings.

Materials and design of paving, lighting, fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

Parking facilities shall be landscaped and screened from public view.

12) Sewage and Water Supply. Sewage treatment and water supply shall be provided through public or community facilities. Ifpublic systems are not available, community sewerage and water facilities shall be provided and maintained by the developer. Proper state approvals for such systems and proper agreements between the municipality and developer concerning such systems must be obtained by the developer.

13) Maintenance and Ownership of Open Space and Common Areas. The developer shall present information and appropriate legal papers to the Township which indicate ownership of common areas and the mechanism

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I n n l l

that will be set up to maintain these areas. Generally; this method will include the establishment of a Homeowner's Association, though a trust

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