Part I: Administrative Legislation
Chapter 1
GENERAL PROVISIONS
1:1
§ 1-1 GENERAL PROVISIONS § 1-4
ARTICLE I Adoption of Code
§ 1-1. Approval, adoption and enactment of Code. Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of Dallas, County of Luzerne, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 95, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Dallas, which shall be known and is hereby designated as the "Code of the Township of Dallas," hereinafter referred to as the "Code."
§ 1-2. Effect of Code on previous provisions. The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Dallas, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are inconsistent with this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
§ 1-3. Inconsistent ordinances repealed. All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Dallas which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
§ 1-4. Legislation saved from repeal; matters not affected by repeal. The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
1:3 § 1-4 DALLAS CODE § 1-4
A. Any ordinance adopted subsequent to 4-6-1999. B. Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing. C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Township or any penalty, punishment or forfeiture which may result therefrom. D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the Township. E. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement. F. Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Township or other instruments or evidence of the Township's indebtedness. G. Any ordinance adopting an annual budget or establishing an annual tax rate. H. Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges. I. Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain. J. Any ordinance annexing land to the Township. K. Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters. L. Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of- way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways. M. Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines. N. Any ordinance providing for the making of public improvements.
1:4 § 1-4 GENERAL PROVISIONS § 1-6
O. Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee. P. Any ordinance concerning changes and amendments to the Zoning Map. Q. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees. R. Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.
§ 1-5. Inclusion of new legislation prior to adoption of Code. All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
§ 1-6. Changes and revisions in previously adopted legislation; new provisions. A. Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such. B. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A1 attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15. C. Nomenclature. Throughout the Code:
1. Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-2-2001 by Ord. No. 2001-1." Schedule A, which contains a complete description of all changes, is on file in the Township offices. 1:5 § 1-6 DALLAS CODE § 1-6
(1) All occurrences of "Justice of the Peace" or "District Magistrate" have been updated to read "District Justice." (2) All occurrences of "Department of Environmental Resources" have been updated to read "Department of Environmental Protection" or "Department of Conservation and Natural Resources," whichever is appropriate. (3) All occurrences of "Department of Community Affairs" have been updated to read "Department of Community and Economic Development." (4) All occurrences of "Board of Adjustment" or "Zoning Board of Adjustment" have been updated to read "Zoning Hearing Board." D. Fee and penalty amendments. (1) The following sections containing fees were amended to replace the fee amount with the phrase "as set from time to time by resolution of the Board of Supervisors": §§ 29-1, 38-3, 77-7A(1) and 95-66. (2) The following sections were revised to provide standard language for civil or criminal penalties as follows: (a) Civil penalty language in § 38-4 reading: "Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith." (b) Criminal penalty language in §§ 29-9, 34-7, 43-3, 49-9, 64-38, 68-10 and 89-2 reading as follows: "Any person who violates or permits a violation of this chapter (article) shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section
1:6 § 1-6 GENERAL PROVISIONS § 1-11
of this chapter (article) that is violated shall also constitute a separate offense."
§ 1-7. Interpretation of provisions. In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.
§ 1-8. Titles and headings; editor's notes. A. Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation. B. Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
§ 1-9. Filing of copies of Code. Three copies of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Secretary and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Township Secretary, as provided by law, and such certified copies shall remain on file in the office of the Township Secretary, available to persons desiring to examine the same during all times while said Code is in effect.
§ 1-10. Amendments to Code. Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Board of Supervisors to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto.
1:7 § 1-11 DALLAS CODE § 1-14
§ 1-11. Code books to be kept up-to-date. It shall be the duty of the Township Secretary or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.
§ 1-12. Publication of notices. The Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notice of introduction, the availability of copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the County, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
§ 1-13. Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof, in any manner whatsoever, which will cause the law of the Township to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
§ 1-14. Severability. The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section,
1:8 § 1-14 GENERAL PROVISIONS § 1-15 article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Supervisors that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.
§ 1-15. Effective date. All provisions of this ordinance and of the Code shall be in force and effect on and after October 2, 2001.
1:9 § 1-15 DALLAS CODE § 1-15
Chapter 5
AUTHORITIES, MUNICIPAL
GENERAL REFERENCES
Intermunicipal agreements — See Ch. 11.
1:10 § 5-1 GENERAL PROVISIONS § 5-1
ARTICLE I Dallas Area Municipal Authority2 [Adopted 7-24-1967]
§ 5-1. Articles of Incorporation. The Dallas Area Municipal Authority Articles of Incorporation are as follows: ARTICLES OF INCORPORATION TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA: In compliance with the requirements of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended, the Borough of Dallas, the Township of Dallas, and the Township of Kingston, Luzerne County, Pennsylvania, desiring to incorporate an Authority thereunder, do hereby certify the following Articles of Incorporation: 1. The name of the Authority is "Dallas Area Municipal Authority." [Amended 5-15-1969] 2. The Authority is formed under the Act of May 2, 1945, P.L. 382, as amended. 3. No Authority has heretofore been organized in or for the incorporating municipalities, the Borough of Dallas, the Township of Dallas, and the Township of Kingston, under any Act of the Legislature of the Commonwealth of Pennsylvania, except the Dallas School District Authority. 4. The names of the incorporating municipalities are Borough of Dallas, Township of Dallas, and Township of Kingston, Luzerne County, Pennsylvania. The municipal authorities of said municipalities and their addresses are as follows:
DALLAS BOROUGH COUNCIL Harold L. Brobst, President 110 Pinecrest Avenue, Dallas, Pa. Robert F. Moore 22 Baldwin Street, Dallas, Pa. Robert W. Parry 50 Monroe Avenue, Dallas, Pa. Paul J. LaBar 102 Elizabeth Street, Dallas, Pa. Wilbur Davis 180 Parrish Street, Dallas, Pa. Robert E. Post
2. Editor's Note: Formerly Back Mountain Municipal Authority. 1:11 § 5-1 DALLAS CODE § 5-1
Center Hill Road, Dallas, Pa. George H. Thomas 91 Sterling Avenue, Dallas, Pa. Ralph Garris, Secretary (nonmember) Baldwin Street, Dallas, Pa. DALLAS TOWNSHIP BOARD OF SUPERVISORS Frederick Lamoreaux, Chairman Demunds Rd., R.D. #3, Dallas, Pa. Basil E. Frantz R.D. #1, Kunkle, Dallas, Pa. Philip Walter Demunds Rd., R.D. #3, Dallas, Pa. Glenn Howell, Secretary-Treasurer Demunds Rd., R.D. #3, Dallas, Pa. KINGSTON TOWNSHIP BOARD OF SUPERVISORS E.W. Hall, Chairman 113 N. Memorial Highway, Shavertown, Pa. LaRoy Ziegler Trucksville Road, Carverton, Pa. (Wyoming R.D) John E. Funke, Treasurer 229 Highland Avenue, Trucksville Gardens, Trucksville, Pa. Carol Dilfield, Secretary R.D. #3, Wyoming, Pa.
5. The Board of the Authority shall consist of six members. Two members of the Board shall be appointed by the Council of the Borough of Dallas; two members of the Board shall be appointed by the Supervisors of the Township of Dallas; and two members of the Board shall be appointed by the Supervisors of the Township of Kingston. The names, addresses, and terms of office of the first members of the Board of said Authority are as follows:
6. The term of existence of the Dallas Area Municipal Authority shall be for a period ending on November 15, 2054. [Added 10-18-2005 by Ord. No. 2005-5]
1:12 § 5-1 GENERAL PROVISIONS § 5-1
Chapter 8
EMERGENCY SERVICES
GENERAL REFERENCES
Fire insurance proceeds — See Ch. 49, Art. I.
1:13
§ 8-1 GENERAL PROVISIONS § 8-2
ARTICLE I Recovery of Costs [Adopted 11-20-2012 by Ord. No. 2012-7]
§ 8-1. Authorization. Dallas Township hereby authorizes Dallas Fire and Ambulance, Inc., and Kunkle Fire Company, Inc., by and through their respective officers and authorized representatives, to ascertain what insurance coverage may be applicable and available under any given circumstance, and to take all necessary and affirmative steps to apply for and receive reimbursement from any insurance carriers where a property owner is or may be insured to reimburse Dallas Fire and Ambulance, Inc., and/or Kunkle Fire Company, Inc., for any cost and/or expense incurred for services, supplies and/or equipment used for or provided to the owner of property located in Dallas Township by Dallas Fire and Ambulance, Inc. or by Kunkle Fire Company, Inc.
§ 8-2. Limitations. Under no circumstances shall this ordinance be interpreted to endorse or sanction the billing of any owner of property located in Dallas Township by Dallas Fire and Ambulance, Inc., or by Kunkle Fire Company, Inc., for fire protection or other fire-related services provided by Dallas Fire and Ambulance, Inc., or Kunkle Fire Company, Inc., except as authorized for the enforcement of false alarm regulations and in cases of fires intentionally set by the property owner.
1:15 § 8-2 DALLAS CODE § 8-2
Chapter 11
INTERMUNICIPAL AGREEMENTS
GENERAL REFERENCES
Dallas Area Municipal Authority — See Ch. 5, Art. I.
1:16 § 11-1 GENERAL PROVISIONS § 11-2
ARTICLE I Solid Waste Service Agreement [Adopted 8-20-1991 by Ord. No. 1991-2]
§ 11-1. Agreement approved. The Supervisors of Dallas Township hereby approve the service agreement between the Township of Kingston, the Township of Dallas, the Borough of Dallas and the Dallas Area Municipal Authority, a copy of which is attached hereto.3
§ 11-2. Execution of agreement. The proper officers of Dallas Township are authorized and directed to execute such service agreement immediately after the adoption of this article.
3. Editor's Note: Said service agreement is on file in the ownshipT offices. 1:17
§ 11-3 GENERAL PROVISIONS § 11-4
ARTICLE II Sewer Agreement [Adopted 9-6-1994 by Ord. No. 1994-4]
§ 11-3. Designation of Authority. [Amended 10-2-2001 by Ord. No. 2001-1] Pursuant to 53 P.S. § 2301 et seq. (the Intergovernmental Cooperation Law), the Township of Dallas (hereinafter referred to as the "municipality") shall and does hereby enter into and adopt an agreement of cooperation (hereinafter "agreement") with the municipalities of the Borough of Dallas and Township of Kingston, Luzerne County, providing for the appointment and designation of the Dallas Area Municipal Authority, a municipal authority presently organized and existing under the laws of Pennsylvania, as authorized by § 8 of the Sewage Facilities Act, Act No. 537, January 24, 1966 (P.L. 1535), (hereinafter "Act"),4 to be known as the Dallas Area Municipal Authority (Sewage Facilities Agency Division) (hereinafter "Authority").
§ 11-4. Terms of agreement; powers and duties of Authority. The agreement shall provide: A. For the delegating and transferring to the Authority of all functions, powers and/or responsibilities of the municipality, as provided for by the Act, as amended or hereafter amended, which shall include, but not be limited to, the following: (1) Setting fee schedules for processing permit applications and issuing permits. (2) Employing certified sewage enforcement officers and such other employees or personnel, as may be necessary, and determining the amount and method of compensation for them and, further, maintaining offices, equipment and supplies as may be necessary. (3) Applying for and receiving reimbursement from the Pennsylvania Department of Environmental Protection. (4) Establishing all necessary provisions and procedures for issuance of permits, collection of fees, enforcement of the Act and the rules and regulations promulgated pursuant thereto, prosecution of violations, hearing appeals from decisions of the sewage enforcement officer and appearing as a party respondent to appeals taken from the decision of the local agency pursuant to the Local Agency Law.5
4. Editor's Note: See 35 P.S. § 750.1 et seq. 5. Editor's Note: See 2 Pa.C.S.A. § 105. 1:19 § 11-4 DALLAS CODE § 11-5
(5) Adopting rules and regulations and procedures not inconsistent with the Sewage Facilities Act or the rules and regulations promulgated pursuant thereto, which the Agency deems necessary and proper to the effective administration of the Act and to the effective execution of the powers, duties and responsibilities granted by the Act, the ordinances of participating municipalities and the agreement of cooperation. (6) Exercising all the powers and duties delegated to local agencies by §§ 7 and 8 of the Act.6 B. The purposes and objectives of the agreement are to delegate and transfer to the Dallas Area Municipal Authority which will equally administer and enforce the provisions of the Act within each municipality that is part of and included within the agreement of cooperation. C. The manner and extent of financing the activities of the Authority shall be determined by the Authority which will annually, before preparation of budgets of participating municipalities, specify the amount of funds, if any, that will be needed from each member municipality to finance any costs not covered by fees and reimbursement, which amounts shall be approved by each member municipality. The Authority shall attempt, as nearly as is feasible, to limit its expenditures to income received from fees and reimbursements. D. If it becomes necessary, the Authority shall bill the member municipalities the direct cost of the Authority for all services, including, but not limited to, investigation of complaints, enforcement procedures under the Sewage Facilities Act, attendance at meetings, appearances at court and administrative agency proceedings, cost of operation of administration services, and legal and accounting fees. E. The Authority shall serve only those municipalities participating therein. F. Nonmember municipalities may become participants in the services of the Authority by proper ordinance and the entering into a proper service agreement with the Authority, at the sole discretion of the Authority and the present member municipalities. G. The agreement of cooperation may be amended or terminated by ordinance of all participating members and the resolution of the Authority.
§ 11-5. Violations and penalties. Any person, who shall violate or fail to comply with any rule or regulation adopted by the Authority pursuant to the powers delegated in § 11-4 hereof
6. Editor's Note: See 35 P.S. § 750.1 et seq. 1:20 § 11-5 GENERAL PROVISIONS § 11-5 shall be guilty of a summary offense and shall be subject to the same fines and penalties as are provided for in § 13 of the Sewage Facilities Act.7
7. Editor's Note: See 35 P.S. § 750.1 et seq. 1:21
§ 11-6 GENERAL PROVISIONS § 11-6
ARTICLE III Back Mountain Community Partnership [Adopted 5-5-2009 by Ord. No. 2009-2]
§ 11-6. Agreement adopted; terms and conditions.8 A. Dallas Township adopts this article approving, accepting, and authorizing the agreement of the BMCP. B. The conditions of agreement of the BMCP are set forth in the agreement. C. The duration and term of the agreement of the BMCP are indefinite as of adoption of this article, but are subject to the right of withdrawal and potential termination as set forth in the agreement. D. The manner and extent of financing of the BMCP is set forth in the agreement. E. The organizational structure of the BMCP is set forth in the agreement. F. It is not currently anticipated that real or personal property will be acquired, managed, licensed, or disposed of by the BMCP. G. It is not currently anticipated that the BMCP will have any employees. Therefore, the BMCP shall not be empowered to enter into any contracts for policies for group insurance and employee benefits, including social security for employees. H. The execution of the agreement by the appropriate officials of Dallas Township is hereby authorized. I. The provisions of this article are severable. If any section, sentence, clause, or phrase of this article shall be held illegal, invalid, or unconstitutional, by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, or phrases of the article. It is hereby declared as the intent of Dallas Township that this article would have been adopted had such invalid or unconstitutional section, sentence, clause, or phrase not been included. Furthermore, it is the intent of this article to be supplementary to, and not contrary to, any laws of the Commonwealth of Pennsylvania or regulations of any of its executive agencies. J. Any past ordinance, or part or parts thereof, conflicting with any part or parts of this article are hereby repealed to the extent that they are inconsistent herewith. K. This article shall become effective five days after enactment.
8. Editor's Note: The complete agreement is on file in the ownshipT offices. 1:23
§ 11-7 GENERAL PROVISIONS § 11-8
ARTICLE IV Stormwater Management and Pollution Reduction Program [Adopted 10-3-2017 by Ord. No. 2017-2]
§ 11-7. Agreement approved. The attached intergovernmental cooperation agreement by and between the Borough of Dallas, Township of Dallas, and Township of Kingston, and all provisions and all schedules attached thereto, are incorporated herein as if fully set forth here at length, is hereby approved by the governing body of the Township of Dallas, and the proper municipal officers are hereby authorized to execute such agreement to give it full force and legal effect.
§ 11-8. Amendment, modification or termination. Any amendment, modification, or termination of this agreement shall not require passage of another ordinance, but shall be authorized and confirmed by the adoption of a resolution by the governing body of the Township of Dallas.
1:25 § 11-8 DALLAS CODE § 11-8
Chapter 14
OFFICERS AND EMPLOYEES
GENERAL REFERENCES
Salaries and compensation — See Ch. 23.
1:26 § 14-1 GENERAL PROVISIONS § 14-4
ARTICLE I Township Manager [Adopted 1-2-2018 by Ord. No. 2018-1]
§ 14-1. Creation of Office. These is created the office of Township Manager for Dallas Township who shall serve at the pleasure of the Board of Supervisors.
§ 14-2. Powers and Duties. It is established that such Township Manager shall have the following powers and duties: A. To act as the technology/communications contact for website design and content; and to prepare the Township newsletter, written correspondence, memos, forms, reports and media outreach (public relations) in various forms to include both printed and digital formats; and to edit and proofread all content for grammar and accuracy; B. To develop a Township presence through social media outlets to include Facebook, etc.; and to maintain and promote said outlets once developed; C. To perform research and gather data through the use of the Internet and various other sources, and verify the content thereof for accuracy and completeness; D. To attend Board of Supervisors' meetings on an as-needed basis; E. To be responsible for researching grant opportunities for the Township, compiling grant information and/or coordination with consultants in the preparation of required documents; and to reach out to local and state legislators for grant support documentation; F. To provide coverage for front office operations and customer service for the Township;
G. To record and prepare all minutes of the Dallas Township public meetings and prepare the agenda relative to said meetings, in coordination with the Board of Supervisors; and H. To perform additional duties as assigned by the Secretary-Treasurer and Board of Supervisors.
§ 14-3. Compensation. It is declared that the compensation for the Township Manager shall be established by resolution of the Supervisors and paid from the general fund of the Township.
1:27 § 14-4 DALLAS CODE § 14-4
§ 14-4. Bonding requirement. It is required that the Township Manager shall give bond to the Township, with sufficient surety, in an amount directed by the Board of Supervisors, conditioned upon the faithful performance of the duties of the office.
1:28 § 14-4 PLANNING COMMISSION § 16-6
Chapter 16
PLANNING COMMISSION
§ 16-1. Commission established.9 Pursuant to the provisions contained in 53 P.S. § 10201 of the Municipalities Planning Code, and in order to carry the said provisions into effect, a Township Planning Commission is hereby created.
§ 16-2. Membership; terms; vacancies and removal. The Township Planning Commission shall consist of five members who shall be appointed by the Board of Supervisors and shall serve without compensation but may be reimbursed for necessary expenses. The members shall hold no other Township office except that of a member of Township Zoning Commission or the Township Zoning Hearing Board. The members of the Planning Commission shall be appointed on a staggered basis for terms of one, two, three, four, and five years and each succeeding term shall be for a term of five years. An appointment to fill a vacancy shall be only for the unexpired portion of the term. The Board of Supervisors may, after a public hearing, remove any member or members of the Planning Commission for inefficiency, neglect of duty or malfeasance in office.
§ 16-3. Election of officers; procedures and records. The Township Planning Commission shall elect its own Chairman and create and fill such other offices as it may determine. The Commission may make and alter rules for its procedure consistent with the ordinances of the Township and the laws of the commonwealth. It shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
§ 16-4. Appropriations for Commission. The Board of Supervisors creating a Planning Commission shall appropriate from the general Township fund, in the same manner as other appropriations are made, such money as, in its opinion, is necessary and available for the work of the Planning Commission for the year in which the appropriation is made.
§ 16-5. Commission staff and consultants. The Planning Commission may appoint such employees and staff as it may deem necessary for its work and may contract with planners and other consultants for such technical services as it may require, within the limits of the amount appropriated for the purpose by the Board of Supervisors or placed at the Commission's disposal from other sources.
9. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 16:29 § 16-6 DALLAS CODE § 16-10
§ 16-6. Joint agreements. As an aid to coordination of municipal planning and with the consent of the Township Supervisors, the Planning Commission may enter into joint agreements with County, regional or other planning agencies, covering cooperative financing of planning, studies and such other cooperative relationships as are necessary to attain the objectives of this article.
§ 16-7. Expenditures. These and such other expenditures as may be necessary and proper shall be within the amount appropriated for the purpose by the Board of Township Supervisors or placed at the Commission's disposal from other sources.
§ 16-8. Preparation of development plan. The Planning Commission shall prepare and adopt a plan of development for the Township. The plan, with accompanying maps, charts, drawings and descriptive matter, shall show the Commission's recommendation for the development of the Township.
§ 16-9. Establishment of official map. The Board of Supervisors may establish as the official map of the Township any part of the development plan with respect to the location and width of streets, highways and parkways and the location and extent of public parks and playgrounds.
§ 16-10. Preparation of zoning ordinance. The Planning Commission shall serve as the Zoning Commission and shall, in pursuance of its duties, prepare or cause to be prepared a zoning ordinance for consideration of the Board of Township Supervisors. The Commission shall have the continuing responsibility to review the ordinance and make recommendations as to proposed amendments.
Chapter 23
SALARIES AND COMPENSATION
23:30 § 23-1 SALARIES AND COMPENSATION § 23-2
ARTICLE I Board of Supervisors [Adopted 12-29-1995 by Ord. No. 1995-3]
§ 23-1. Compensation established. Each Supervisor of Dallas Township elected or appointed to office on or after the effective date of this article shall receive compensation for attending duly advertised general or special public meetings or hearings of the Board of Supervisors, or other meetings authorized by the Board of Supervisors, at the rate of $125 for each meeting attended by such Supervisor, not to exceed $2,500 per year.
§ 23-2. Payment. Such compensation shall be paid in monthly or quarterly installments.
23:31 § 23-2 DALLAS CODE § 29-4
Part II: General Legislation
Chapter 29
ALARM SYSTEMS
§ 29-1. Registration required. Every person utilizing any direct or indirect communication, burglar, fire or medical emergency alarm system which, when activated, would cause the emergency dispatch of the police, fire or ambulance services of the Township of Dallas shall register such system and pay annually to the Township of Dallas for the benefits and advantages received, a license as set from time to time by resolution of the Board of Supervisors as set from time to time by resolution of the Board of Supervisors.
§ 29-2. Payment of license fee. Said license fee shall be payable annually during the month of January of each calendar year, or within 30 days after the installation of the alarm system. Any person who fails to pay such license fee shall have his alarm service with the Township suspended until such time as the annual license fee for the current year has been paid. This fee shall not be prorated.
§ 29-3. False alarms.10 A person that owns, uses or possesses an alarm device or automatic dialing device may not, after causing or permitting three false alarms to occur in a consecutive twelve-month period, cause or permit a subsequent false alarm to occur in the same consecutive twelve-month period. A person that violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $300 pursuant to 18 Pa.C.S.A. § 7511.
§ 29-4. Exceptions. A false alarm shall be excused only under the following circumstances: A. If the alarm system has been activated and is followed within three minutes by a telephone call to the Emergency Services Dispatch Center or related emergency service agency with the proper coded identification canceling the alarm. B. If the alarm has been caused by an act of God such as wind storms, thunder and lightning. C. If the alarm has been activated by the failure of equipment not located on the premises or location from which the alarm seems to have been activated.
10.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 29:32 § 29-4 ALARM SYSTEMS § 29-9
D. If the owner or lessor, if he desires to make a test of the system, has notified the Emergency Services Dispatch Center or an affected agency in advance of the test. Such notification shall be made using a nonemergency phone number. The owner or lessor in addition shall make the same type of notification when the testing has been completed.
§ 29-5. Automatic dialers. No alarm system which operates by causing the telephone to be rung at the Emergency Services Dispatch Center or respective agency, using a device referred to as an "automatic dialer," shall be installed unless such alarm system includes an automatic disconnecting device which would be effective within 30 seconds after the call has been answered at the Emergency Services Dispatch Center or respective agency. In addition, the taped message shall clearly indicate the type of emergency, the exact location or address of the emergency, and directions from the nearest cross street or landmark.
§ 29-6. Exterior audible devices. No alarm system which has, as a feature or part, an exterior audible device (i.e., siren, horn or whistle) shall have such feature, part or device activate unless the device is capable of automatic disconnect and reset after having been activated for a period of time of 15 minutes or less.
§ 29-7. Right of inspection. The Township of Dallas and its Police Department shall have the right to inspect or test, at reasonable times and upon notice, the connection, operation and maintenance of any alarm system connected with or to the Emergency Services Dispatch Center or respective emergency service, or which, when activated, would cause the emergency dispatch of police, fire or ambulance services.
§ 29-8. Responsibility for alarm system and related charges. In this chapter the word "person" shall be deemed to include any individual, establishment, partnership, corporation or other organization utilizing any alarm system. In all cases, the owner of the premises in which the alarm system is installed shall be responsible for the payment of license fees and other charges as set forth in this chapter.
§ 29-9. Violations and penalties. The installation of an alarm without a license and without the payment of a license fee shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be considered a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 29:33 § 29-9 DALLAS CODE § 30-3
90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
§ 29-10. Subsequent fees.11 The license fees for subsequent years shall be due on the first of January and, if not paid, shall become delinquent on the first of March of each year.
Chapter 30
ALCOHOLIC BEVERAGES
GENERAL REFERENCES
Mass public assemblies — See Ch. 38.
§ 30-1. Title and purpose. A. This chapter shall be known as the "Dallas Township Prohibition of Consumption of Alcoholic Beverages or its Possession in Open Containers on Public Property Ordinance." B. The Township of Dallas has experienced problems with the consumption and/or possession of alcoholic beverages in open containers in public places which is contrary to the public health, life, safety and welfare of the public welfare and which should, in the judgment of said Supervisors, be prohibited.
§ 30-2. Definitions. As used in this chapter, the following terms have the following meanings indicated, unless a different meaning clearly appears from the context: ALCOHOLIC BEVERAGE — Refers to any liquid intended for human consumption containing more than 2% of alcohol by volume . PUBLIC PROPERTY — Refers to public streets, public rights-of-way, public sidewalks, public parking lots, public parks and public recreation areas within the Township of Dallas, Luzerne County, Pennsylvania, with the proviso that the entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of pedestrian and/or vehicular travel as a matter of right or custom, including, but not limited to, parking lots or areas or roads shall be considered public property.
11.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 29:34 § 30-3 ANIMALS § 30-5
§ 30-3. Prohibition of alcoholic beverages in open containers on public property. No person shall drink or otherwise consume an alcoholic beverage or possess an open container containing an alcoholic beverage on public property. With respect to this prohibition, possession of an open container containing an alcoholic beverage on public property by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof on public property in violation of this chapter.
§ 30-4. Exception to prohibition. Nothing contained in this chapter shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a sidewalk.
§ 30-5. Violations and penalties. Any person found to be in violation of this chapter shall, upon conviction thereof, be guilty of a summary offense and shall be sentenced to pay a fine of not less than $200 or more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
Chapter 34
ANIMALS
GENERAL REFERENCES
Nuisances — See Ch. 55.
34:35
§ 34-1 ANIMALS § 34-2
ARTICLE I Dog Noise [Adopted 5-1-1979 by Ord. No. 1979-1; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 34-1. Disturbing noise prohibited. Any person who resides in an area of the Township of Dallas designated as a residential district (S-1, R-1, R-2 and R-3) on the Zoning Map of Dallas Township, adopted by the Supervisors of Dallas Township in August 1965, as amended, and who owns or keeps or otherwise maintains a dog shall prevent any noise whatsoever created by the dog from interfering with or otherwise disturbing in any manner whatsoever the peace and quiet of any reasonable person residing within 200 feet of the boundaries of the lot of land upon which the owner or keeper of the dog resides.
§ 34-2. Violations and penalties. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
34:37
§ 34-3 ANIMALS § 34-7
ARTICLE II Control of Animals [Adopted 10-20-1998 by Ord. No. 1998-1]
§ 34-3. Running at large prohibited. The running at large of dogs in Dallas Township is prohibited.
§ 34-4. Scratching, digging and defecation upon property deemed nuisance. Any animal which scratches, digs or defecates upon any lawn, tree, shrub, plant, building or other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.
§ 34-5. Nuisances prohibited. No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to commit any nuisance upon any gutter, street, driveway, curb or sidewalk in the Township, or upon the floors or stairways of any building or place frequented by the public, or used in common by the tenants, or upon the outside walls, walkways, driveways, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such animal.
§ 34-6. Removal of feces. Any person having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in § 34-5, shall be required to immediately remove the said feces from such surface and carry the feces in a nonleaking container.
§ 34-7. Violations and penalties. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
34:39 § 34-7 DALLAS CODE § 38-2
Chapter 38
ASSEMBLIES, MASS PUBLIC
GENERAL REFERENCES
Use of streets by processions and assemblages — See Ch. 85.
§ 38-1. Permit required; exceptions. No individual or business association may promote or sponsor any assembly or gathering together of 200 individuals or more for the purpose of the conduct within the Township of Dallas of a political rally, a musical program, an arts festival or a sports contest, whether for profit or otherwise, without a permit for public assembly issued by the Secretary of the Board of Supervisors of Dallas Township. Any event sponsored by a public or private school, religious institution, a political party certified by the Luzerne County Board of Elections, or a nonprofit fraternal or charitable organization shall be exempt from the operation of this chapter.
§ 38-2. Contents of application. Any individual or business association which shall undertake to sponsor, promote or conduct a political rally, musical program arts festival or sports contest within the Township of Dallas shall apply to the Secretary of the Board of Supervisors of Dallas Township for a permit to conduct such event at least one week prior to the scheduled event and shall state, in proper form: A. The names and addresses of all of the sponsors and promoters of the event; B. The purpose of said event; C. The contemplated date and duration in hours of said event; D. The location of the premises upon which the said event shall be conducted with sufficient evidence of the right of said sponsors and promoters to use the premises for the conduct of said event thereon; E. The contemplated number of participants in and observers of said event; F. The availability of sufficient off-street automobile parking to accommodate the participants and observers of said event; G. The availability of sufficient lavatory and solid waste disposal facilities; H. The availability of fire and other casualty safeguards; and
38:40 § 38-2 BUILDINGS, UNFIT § 41-2
I. The availability of police and medical facilities.
§ 38-3. Permit fee. The cost of the permit for public assembly shall be as set from time to time by resolution of the Board of Supervisors and shall be paid by the application with the Secretary of the Board of Supervisors of Dallas Township.
§ 38-4. Violations and penalties. Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Chapter 41
BUILDINGS, UNFIT
§ 41-1. Definitions. Words and phrases defined in the above recitals12 of this chapter shall have the meaning given to them therein whenever they are used in this chapter. In addition, the following words and phrases will have the following meanings whenever they are used in this chapter: BOARD — The Board of Appeals appointed by the Supervisors pursuant to § 41-6 of this chapter. ENFORCEMENT OFFICER — The Enforcement Officer appointed by the Supervisors pursuant to § 41-3 of this chapter. STRUCTURE UNFIT FOR HUMAN OCCUPANCY — A structure which is unfit for human occupancy as determined by the Enforcement Officer pursuant to § 41-2 of this chapter.
§ 41-2. Determination of structures unfit for human occupancy. A structure shall be deemed a structure unfit for human occupancy whenever the Enforcement Officer finds that such structure is unsafe,
12.Editor's Note: "Above recitals" refers to the preamble of Ord. No. 2007-1, which is on file at the Township offices. 41:41 § 41-2 DALLAS CODE § 41-7 unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary or vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating essentials or other essential equipment for reasonable habitation or because the location and/or condition of the structure and its surrounding lands constitutes a health and/or safety hazard to the occupants of the structure or to the public.
§ 41-3. Enforcement Officer. The Enforcement Officer for purposes of this chapter is the Township's Zoning Officer or such other person designated from time to time by the Supervisors to be such Enforcement Officer. The Enforcement Officer shall serve in such capacity until he is removed or replaced by the Supervisors.
§ 41-4. Right to inspect structure. The Enforcement Officer is granted authority to enter upon any premises to inspect a structure thereon to determine if it is a structure unfit for human occupancy so long as he gives to the owner of such premises such reasonable prior notice as he can under the circumstances.
§ 41-5. Notice to owner. If, following an inspection, the Enforcement Officer determines that a premises contains a structure unfit for human occupancy, he shall promptly give written notice thereof to the owner of the premises, specifying the conditions which make the structure a structure unfit for human occupancy and setting forth the action to be taken by the owner to remedy the condition and the time period for taking and completing such action by the owner. The owner shall then have 10 days from the service of such notice to request a hearing with the Enforcement Officer to discuss the content of such notice. Such hearing shall take place at the office in the Township of the Enforcement Officer within 10 days thereafter. The Enforcement Officer shall have 10 days following such hearing to affirm, modify or rescind his finding that the premises contains a structure unfit for human occupancy. Written notice of the Enforcement Officer's action in response to such hearing shall be promptly served upon the owner.
§ 41-6. Board of Appeals. The Supervisors shall designate not less than three nor more than six persons to serve on the Board of Appeals to hear and decide appeals from the Enforcement Officer's determination of whether a structure is a structure unfit for human occupancy. A majority of the Board members shall constitute a quorum. The persons designated as Board members shall be persons with some experience in evaluating building structures. Board members shall serve until they resign or are replaced by the Supervisors.
41:42 § 41-7 BURNING, OPEN § 41-10
§ 41-7. Appeal to Board. Anyone dissatisfied with the hearing report of the Enforcement Officer may appeal to the Board. The appeal must be writing. It must specify with particularity the appellant's objections or exceptions to the decision of the Enforcement Officer. The appeal must be delivered to the Secretary or Assistant Secretary of the Township within 20 days following the service upon the appellant of the decision of the Enforcement Officer. Upon receipt of a timely appeal, the Board shall, following reasonable written notice to the parties in interest, conduct a hearing on the objections or exceptions. Strict rules of evidence need not be followed. Within 10 days of such hearing, the Board shall issue an order affirming, modifying, or dismissing the decision of the Enforcement Officer. The vote of the majority of the quorum of the Board shall be required with respect to any such order.
§ 41-8. Appeal from order of Board. Any person aggrieved by an order of the Board may petition the Court of Common Pleas of Luzerne County for an order restricting enforcement of such order and requesting a hearing on whether such order shall have been issued. Such a petition shall be filed within 30 days after the issuance of the order. Failure to file such a petition within such thirty-day period shall constitute an irrevocable waiver to file such a petition.
§ 41-9. Action with respect to structures unfit for human occupancy. The Enforcement Officer shall, following the adjudication of any and all appeals, institute action consistent with his decision [as modified by an order of the Board or the Court pursuant to such appeal(s)] to prevent the unlawful erection, construction, reconstruction, alteration or use, or to cause the repair or the destruction of, the structure unfit for human occupancy; provided, however, destruction of a structure unfit for human occupancy shall only be authorized if approved in advance by a duly authorized resolution of the Supervisors.
§ 41-10. Recovery of costs. The costs incurred by the Township of Dallas in repairing or removing a structure unfit for human occupancy shall be paid or reimbursed by the owner thereof, forthwith upon such expenses being incurred. Any such costs not so paid shall constitute a municipal lien upon the premises where such structure is situated and shall be collectable as any other such lien.
Chapter 43
BURNING, OPEN
GENERAL REFERENCES
Nuisances — See Ch. 55. Solid waste — See Ch. 68.
43:43 § 41-10 DALLAS CODE § 43-4
§ 43-1. Title. This chapter shall be known and may be cited as the "Dallas Township Open Burning Ordinance of 2004."
§ 43-2. Authority. The Board of Supervisors of Dallas Township under and by virtue of and pursuant to the authority granted by state law do hereby enact and ordain this chapter.
§ 43-3. Policy. Whereas, the Board of Supervisors of Dallas Township has determined that air pollution from open burning may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Dallas Township, it is hereby declared to be the policy of Dallas Township to safeguard the citizens of Dallas Township from such air pollution.
§ 43-4. Definitions. The following words, terms, and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them: AIR CURTAIN DESTRUCTOR — A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particular matter are contained. BOARD — Dallas Township Board of Supervisors. BURNING — The act of consuming by fire; to flame, char, scorch, or blaze. As used in this chapter, "smoldering" shall have the same meaning as "burning" and any smoldering shall be deemed a burning. CLEARING AND GRUBBING WASTES — Trees, shrubs, and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include recreational fires, campfires and bonfires in the A-1 District, demolition wastes and dirt-laden roots. COMPOSTING — The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. DOMESTIC REFUSE — Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two families or less. The term does not include appliances, carpets, demolition waste (insulation, shingles, siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood.
43:44 § 43-4 BURNING, OPEN § 43-6
MUNICIPALITY — A City, incorporated Town, Township, Borough, County, municipal authority, or other public body created under state law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes. OPEN BURNING — A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue. PERSON — Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth or the federal government, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. YARD WASTE — Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
§ 43-5. Person required to attend fire; open burning prohibited; exceptions. After the effective date, a person must attend the fire and no person may permit the open burning of material with the exception of the following: A. A fire set to prevent or abate a fire hazard, when approved by the Department of Environmental Protection's Regional Air Quality Program Office and set by or under the supervision of a public officer. B. Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department of Environmental Protection's Regional Air Quality Program Office. C. A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's Regional Air Quality Program Office. D. A fire set for the purpose of burning, clearing and grubbing waste. E. A fire set in conjunction with the production of agricultural commodities in their unmanufacture state on the premises of the farm operation. F. A fire set solely for cooking food. G. A recreational fire for entertainment not greater than four square feet, i.e., campfire. H. All bonfires must first obtain a permit from the Dallas Zoning Officer at least two days prior to said fire. No fee will be charged. I. No recyclables shall be burned.
§ 43-6. Enforcement orders.
43:45 § 43-6 DALLAS CODE § 43-8
A. The Dallas Township Code Officer, Zoning, or any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter. B. Dallas Township may issue such orders as necessary, to aid in the enforcement of the provisions of this chapter. These orders shall include, but shall not be limited to: orders requiring persons to cease unlawful open burning which, in the course of its occurrence, is in violation of any provision of this chapter; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any open burning; or orders requiring production of information. Such an order may be issued if Dallas Township finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if Dallas Township finds that any person is in violation of any provision of this chapter. C. Dallas Township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or effect the purposes of this chapter. D. An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the quasi-judicial body of the Dallas Township orders shall not act as a supersedeas, provided, however, that, upon application and for cause shown, the quasi-judicial body may issue such a supersedeas under rules established by the quasi-judicial body. E. The authority of Dallas Township to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this chapter. The failure to comply with any such order is hereby declared to be a public nuisance.
§ 43-7. Responsibility of owners and operators. A. Whenever the Zoning Officer finds that open burning is occurring in the Township of Dallas, other than those exceptions noted in § 43-5 above, the Zoning Officer may order the owner or operator to take corrective action in a manner satisfactory to Dallas Township or the Zoning Officer may order the owner or operator to allow access to the land by the Zoning Officer or a third party to take such action. B. For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost-recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, Dallas Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 43-9 of this chapter.
43:46 § 43-8 BURNING, OPEN § 43-9
§ 43-8. Criminal penalties. Any person who violates any provision of this chapter or any order of the Township of Dallas issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $2,500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the Township of Dallas authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this chapter, and the Township of Dallas Counsel is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any district justice in the Township of Dallas. There is no accelerated rehabilitative disposition authorized for a summary offense.
§ 43-9. Civil penalties. A. In addition to any proceeding under any other remedy at law or in equity for a violation of a provision of this chapter or any order issued pursuant to this chapter, the Township of Dallas may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000 per day for each violation. In determining the amount of the penalty, the Township of Dallas shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of Dallas Township or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the Township of Dallas; the size of the source or facility; the compliance history of the source; the severity and duration of the violation voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors. B. When the Township of Dallas proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full, or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Luzerne County Court of Common Pleas or a body or entity appointed by the Luzerne County Court of Common Pleas to hear such disputes within the thirty-day period for placement in an escrow account with the State Treasurer or any commonwealth bank or post an appeal bond to the quasi-judicial body within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to the Township of Dallas. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the quasi-judicial body shall, within 30 days, remit the appropriate amount to the person
43:47 § 43-9 DALLAS CODE § 43-11
with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to prepay the penalty or to post the appeal bond. The quasi-judicial body shall conduct a hearing to consider the appellant's alleged inability to pay within 30 days of the date of appeal. The quasi-judicial body may waive the requirements to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the quasi-judicial body finds that the appellant is financially unable to pay. The quasi- judicial body shall issue an order within 30 days of the date of the hearing to consider the appellant's alleged inability to pay. The amount assessed after waiver of administrative hearing shall be payable to the Township of Dallas and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Section 6621 (a)(2) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.1 et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person when a notice of lien incorporating a description of the property is located. The prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the Township of Dallas, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this section, which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to filing of a notice of lien under this section.
§ 43-10. Unlawful conduct. It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this chapter or to fail to comply with any order or other requirement of the Township of Dallas; or to cause a public nuisance; or to cause air, soil, or water pollution resulting from an open burning incident; or to hinder, obstruct, prevent, or interfere with the Township of Dallas or its personnel in their performance of any duty hereunder, including denying the Zoning Officer access to the source or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903 (relating to false swearing) or § 4904 (relating to unsworn falsification to authorities) in regard to papers required to be submitted under this chapter. The owner or operator of an open burning source shall not allow pollution of the air, water, or other natural resources of the Township of Dallas to result from the source.
43:48 § 43-11 BURNING, OPEN § 43-16
§ 43-11. Public nuisances. A violation of this chapter or of any order issued by the Township of Dallas under this chapter shall constitute a public nuisance. The Township of Dallas shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township of Dallas may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 43-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
§ 43-12. Repealer. Ordinance Number 1984-4 previously enacted is hereby repealed. All other ordinances or parts thereof which are in conflict with this chapter are hereby repealed.
§ 43-13. Severability. The provisions of this chapter are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts, or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, part, or provision had not been included herein.
§ 43-14. Recycling.13 It is in the best interests of the health, safety and welfare of the residents of Dallas Township to recycle rather than burn those specific items that are included in its recycling program.
§ 43-15. Recycling program grant funds. The Commonwealth of Pennsylvania Department of Environmental Resources has mandated that Dallas Township enact this chapter in order to continue to receive grant funds towards its local, voluntary recycling program.
§ 43-16. Burning of recyclables prohibited. Following the effective date of this chapter, it shall be unlawful for residents of Dallas Township to burn any recyclable that is included in its recycling programs.
13.Editor's Note: See Ch. 68, Solid Waste. 43:49 § 43-16 DALLAS CODE § 45-4
Chapter 45
CONSTRUCTION CODES, UNIFORM
GENERAL REFERENCES
Planning Commission — See Ch. 16. Zoning — See Ch. 95.
Subdivision and land development — See Ch. 77.
§ 45-1. Election to administer and enforce. Dallas Township hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code, Act 45 of 1999, 35 P.S. § 7210.101 through § 7210.1103, as amended from time to time, and its regulations.
§ 45-2. Adoption and incorporation by reference. The Uniform Construction Code, contained in 34 Pa Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Dallas Township.
§ 45-3. Methods for administration and enforcement. Administration and enforcement of the code within Dallas Township shall be undertaken in any of the following ways as determined by the governing body of Dallas Township from time to time by resolution: A. By the designation of an employee of Dallas Township to serve as the municipal code official to act on behalf of Dallasownship; T B. By the retention of one or more construction code officials or third- party agencies to act on behalf of Dallas Township; C. By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement; D. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of Dallas Township; and E. By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
45:50 § 45-4 CONSTRUCTION CODES, UNIFORM § 45-6
§ 45-4. Board of Appeals. A Board of Appeals shall be established by resolution of the governing body of Dallas Township in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
§ 45-5. Effect on other regulations. A. All building code ordinances or portions of ordinances which were adopted by Dallas Township on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time. B. All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code. C. All relevant ordinances, regulations, and policies of Dallas Township not governed by the code shall remain in full force and effect.
§ 45-6. Fees. Fees assessable by Dallas Township for the administration and enforcement undertaken pursuant to this chapter and the code shall be established by the governing body by resolution from time to time.
Chapter 45A
CONTRACTORS
GENERAL REFERENCES
Uniform construction codes — See Ch. 45.
45:51
§ 45A-1 CONSTRUCTION CODES, UNIFORM § 45A-3
ARTICLE I Licensing and Registration [Adopted 5-1-2018 by Ord. No. 2018-2]
§ 45A-1. General. The subject matter of this article is the registering and licensing of all contractors performing construction work in the Township of Dallas and the imposition of fines for failure to obtain said registration and licensing.
§ 45A-2. Definitions. The following words or terms shall have the following meanings whenever they are used in this article: CONSTRUCTION WORK — Refers to construction, repair or demolition work on real property situated in the Township, including the improvements thereon and also including, without limitation, the following type work: carpentry; concrete and masonry work; heating; ventilation and/or air- conditioning work; roofing; structural steel work; sheetrock installation or removal; finishing and repair work; driveway work, both concrete and blacktop; material installation (excluding carpeting, wallpapering and painting); construction or other work on accessory structures such as sheds, pools, garages, etc.); installation, repair and removal of fences; and general plumbing and electrical work. CONTRACTOR — Refers to a person or entity engaged in construction work. LICENSE — Refers to the license in the form approved by the Township authorizing a contractor to do construction work in the Township. REGISTRATION — The process by which a contractor applies for a license. REGISTRATION APPLICATION — Refers to the application pursuant to which a contractor applies for a license. TOWNSHIP — Refers to the Township of Dallas.
§ 45A-3. Registration application. A. An application for a license shall be made and filed with the Township on a registration application provided by the Township which shall specify: (1) The name and address of the proposed contractor which, if a firm, shall include the names and addresses of the principal offices thereof; (2) The type of license being applied for, i.e., building, plumbing, electrical, etc; and (3) Such other information as the Township's Zoning Officer deems necessary to understand the identity and qualifications of the proposed contractor.
45:53 § 45A-3 DALLAS CODE § 45A-7
B. The registration application shall be accompanied with a copy of the applicant's general liability insurance (which must be in full force and effect with minimum liability coverage of $100,00) and a copy of the contractor's Pennsylvania home improvement contractor license.
§ 45A-4. License. If the proposed contractor's registration application is approved, the requested license shall be issued which shall be valid only for the calendar year in which it is issued. A copy of the license must be displayed prominently on the premises where the contractor is performing the construction work.
§ 45A-5. Violations and penalties. Any contractor who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/ or imprisonment not to exceed 90 days. It shall be deemed a summary offense before a District Magistrate. Each day that a violation of this article continues shall constitute as a separate offense.
§ 45A-6. Revocation of registration. Registration may be revoked as follows: A. The Zoning Officer may, upon his own motion or upon petition of three citizens of the Township (each of whom has had work done under separate contracts by a particular contractor), reconsider the registration of any contractor registered under the provisions of this article. The Zoning Officer shall have the right to revoke any registration and license granted for good cause shown. Any party aggrieved by the decision of the Zoning Officer to revoke or not to revoke a license shall have the right to appeal to the Board of Supervisors of Dallas Township within 10 days of notice of action by the Zoning Officer. The Board of Supervisors shall thereafter convene a hearing within 20 days of the appeal and render its decision within five days of the hearing, either affirming or reversing the action of the Zoning Officer. B. A registration can be revoked for failure to maintain the general liability insurance policy required in this article during the period for which the license is valid.
§ 45A-7. Forfeiture of registration. Any registered contractor or building mover who shall construct, alter or repair, or who shall move or raise or cause to be moved or raised, any building or structure within the Township without first having secured a registration and the appropriate license therefor shall, upon proof thereof, and in addition to other penalties prescribed in this article, be deprived
45:54 § 45A-7 CONSTRUCTION CODES, UNIFORM § 45A-9 of his registration by the Zoning Officer. Such registration shall not be reissued to such person, firm, or corporation for a period of one year.
§ 45A-8. Work by owner. Nothing contained in this article shall require an owner to become registered under this article or to obtain a license with respect to any work of any kind the owner is performing on his own property without the aid or assistance of a contractor.
§ 45A-9. Severability. If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared the intent of the Dallas Township Board of Supervisors that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
45:55 § 45A-9 DALLAS CODE § 46-3
Chapter 46
FIREARMS AND WEAPONS
GENERAL REFERENCES
Mass public assemblies — See Ch. 38.
§ 46-1. Definitions. For the purpose of this chapter, the following definition(s) shall apply: BOW AND ARROW — Includes said bow; of any type construction and arrow(s), crossbows and the projectiles of such; quarrel, bolt or arrow. FIREARM — Includes any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the utilization of compressed gas intended to expel any projectile. SCHOOL — Includes public and private schools, nursery schools, day-care centers, colleges and universities.
§ 46-2. Discharge of firearms prohibited. The discharge of a firearm shall be prohibited: A. Within 150 yards around any dwelling house, residence, building, barn, or stable. B. Within 150 yards of any school building; including any attached or detached playground. C. Within 150 yards of any aboveground identified natural gas facility or identified storage location of combustible/flammable liquids and gases. D. Across any public road. E. In any cemetery or burial grounds. F. Where such discharged projectile will traverse the lands of another person without the authorization of the person lawfully controlling said lands.
§ 46-3. Firearm Exceptions. A person may discharge a firearm: A. As a law enforcement officer, identified by statute and employed as such in the performance of such duties. B. While hunting:
45:56 § 46-3 CONSTRUCTION CODES, UNIFORM § 46-5
(1) As provided by Pennsylvania Title 34, known as the "Pennsylvania Game Law."14 (2) When in compliance with the rules and regulations of the Pennsylvania Game Code. C. At any gun club or on any private outdoor target, trap, skeet or shooting range that is properly constructed and complies with accepted standards for such as determined by the National Rifle Association standards for range safety. D. In a private basement or cellar target range that is properly constructed and complies with accepted standards for such as determined by the National Rifle Association standards for range safety. E. When necessary to protect life or property. F. To kill a dangerous animal.
§ 46-4. Discharge of bow and arrows or similar devices prohibited. The discharge of a bow and arrow or similar device shall be prohibited: A. Within 50 yards around any dwelling house, residence, building, barn, or stable. B. Within 50 yards of any school building; including any attached or detached playground. C. Across any public road. D. In any cemetery or burial grounds. E. Where such discharged projectile will traverse the lands of another person without the authorization of the person lawfully controlling said lands.
§ 46-5. Bow and arrow exceptions. A person may discharge a bow and arrow: A. While hunting: (1) As provided by Pennsylvania Title 34, known as the "Pennsylvania Game Law."15 (2) When in compliance with the rules and regulations of the Pennsylvania Game Code. B. At a properly constructed private outdoor target or shooting range.
14.Editor's Note: See 34 Pa.C.S.A. § 101 et seq. 15.Editor's Note: See 34 Pa.C.S.A. § 101 et seq. 45:57 § 46-5 DALLAS CODE § 46-6
C. On private grounds or residences under circumstances when such bow and arrow or similar device can be released, fired, discharged or operated in such a manner as not to endanger persons or property; and then only if it is used in such manner as to prevent the arrow from traversing any grounds or space outside the limits of such grounds or residence. D. In a private basement or cellar target range that is properly constructed and complies with accepted standards for such. E. When necessary to protect life or property. F. To kill a dangerous animal.
§ 46-6. Violations and penalties. Any person who violates this chapter shall, upon conviction in a summary proceeding brought before a District Justice under Pa.R.Crim.P., be guilty of a summary offense and shall be punishable by a fine of not more than $200, plus costs of prosecution.
Chapter 47
(RESERVED)
Chapter 49
INSURANCE
49:58 § 49-1 INSURANCE § 49-4
ARTICLE I Fire Insurance Proceeds [Adopted 12-19-1995 by Ord. No. 1995-2]
§ 49-1. Designation of enforcing officer. The Treasurer or such official designated (hereinafter, the "municipal officer") is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties of the municipalities stated herein.
§ 49-2. Definitions. As used in this article, the following terms shall have the meanings indicated: FIRE LOSS or CLAIM FOR FIRE DAMAGE — Any loss occurring after the effective date of this article and covered under a policy of fire insurance, including any endorsements or riders to the policy.
§ 49-3. Municipal certificate required for payment of claim. No insurance company, association or exchange (hereinafter the "insurer") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within Dallas Township (hereinafter the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the municipal officer with a municipal certificate pursuant to § 508(b)16 and unless there is compliance with §§ 508(c) and (d)17 and the provisions of this article.
§ 49-4. Payment of claim; procedures. After full compliance with the requirements of § 508(b)(1)(i),18 the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building structure, the following procedures shall be followed: A. The insurer shall transfer from the insurance proceeds to the municipal officer the aggregate of $2,000 for each $15,000 of a claim for each fraction of that amount of claim, provided that this section is to be applied so that if the claim is $15,000 or less, the amount transferred to the municipality shall be $2,000; and that, if at the time of a loss report the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing
16.Editor's Note: See 40 P.S. § 638(b). 17.Editor's Note: See 40 P.S. § 638(c) and (d). 18.Editor's Note: See 40 P.S. § 638(b)(1)(i). 49:59 § 49-4 DALLAS CODE § 49-6
transfer formula, the insurer shall transfer to the municipality from the insurance proceeds an amount based upon the estimate. B. The transfer of proceeds shall be on pro-rata basis by all companies, associates or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the municipality shall be disbursed in accordance with the policy terms.
§ 49-5. Contractor's estimate; return of excess funds. After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the municipality in excess of the estimate to the named insured, if the municipality has not commenced to remove, repair or secure the building or other structure.
§ 49-6. Receipt of proceeds by municipality. Upon receipt of the proceeds under this section, the municipality shall do the following: A. The municipal officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the municipality. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the municipality in connection with such removal, repair or securing of the buildings or any proceedings related thereto. B. It is the obligation of the insurer when transferring the proceeds to provide the municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, certify that the proceeds have been received by the municipality and notify the named insured that the procedures under this subsection shall be followed.
C. When repairs, removal or securing of the building or other structure has been completed in accordance with all applicable regulations and orders of the municipality and the required proof of such completion received by the municipal officer, and if the municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and, if excess funds remain, the municipality shall transfer the remaining funds to the named insured. D. To the extent that interest is earned on proceeds held by the municipality pursuant to this section, and retained by it, such interest shall belong to the municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall
49:60 § 49-6 INSURANCE § 49-9
be distributed to the named insured at the time the proceeds are returned.
§ 49-7. Construal of provisions. Nothing in this section shall be construed to limit the ability of the municipality to recover any deficiency. Furthermore nothing in this article shall be construed to prohibit the municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
§ 49-8. Adoption of procedures, regulations and fees. The Board of Supervisors may by resolution adopt procedures and regulations to implement Section 50819 and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Section 508 and this article, including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts.
§ 49-9. Violations and penalties. Any owner of property, any named insured, or any insurer who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
19.Editor's Note: See 40 P.S. § 638. 49:61 § 49-9 DALLAS CODE § 49-9
Chapter 55
NUISANCES
GENERAL REFERENCES
Open burning — See Ch. 43. Solid waste — See Ch. 68.
Property maintenance — See Ch. 61.
49:62 § 55-1 INSURANCE § 55-4
ARTICLE I Private and Public Property Nuisances [Adopted 10-2-2001 by Ord. No. 2001-1]
§ 55-1. Short title. This article shall be known as the "Dallas Township Nuisance Ordinance."
§ 55-2. Adoption and authority. The Board of Supervisors of the Township of Dallas, by authority granted to it as specified in the Pennsylvania Second Class Township Code, being the Act of May 20, 1957, P.L. 74, as amended by the Act of March 21, 1968, P.L. 66, No. 22, § 1, 53 P.S. § 66529, hereby enacts this article.
§ 55-3. Intent and purpose. The Board of Supervisors of the Township of Dallas finds and deems that it is in the best interests of and for the general health, safety and welfare of the citizens and residents of this Township to prohibit the unreasonable, unwarrantable or unlawful use of private and public property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to others in the legitimate enjoyment of their rights of person or property.
§ 55-4. Definitions and word usage. As used in this article, the following terms, phrases and words shall have the meanings given herein. Any personal pronoun shall be construed so as to mean either the masculine, feminine or neuter gender, as the context may require; and the word "shall" is always mandatory. BOARD OF SUPERVISORS — The Board of Supervisors of the Township of Dallas, Luzerne County, Pennsylvania. LAW ENFORCEMENT OFFICER — Any person employed by the Commonwealth of Pennsylvania or serving the Township of Dallas whose sworn duty as a law enforcement officer is to preserve peace, make arrests or enforce the laws of the Commonwealth of Pennsylvania or the ordinances of the Township. NUISANCE — Any unreasonable, unwarrantable or unlawful use of public or private property, or injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his or her reasonable rights of person or property. OWNER — A person owning, leasing, occupying or having charge of any premises within the Township. PERMIT — To suffer, allow, consent or let; to give leave or license; or to acquiesce by failure to prevent or to expressly accept or agree to the doing of any act.
49:63 § 55-4 DALLAS CODE § 55-6
PERSON — Any natural person, firm, partnership, association, corporation, company or organization of any kind. TOWNSHIP — The Township of Dallas, Luzerne County, Pennsylvania.
§ 55-5. Nuisances declared unlawful. It shall be unlawful for any person to dump, store or accumulate or cause or permit the dumping, storing or accumulation upon any public or private property within the Township of Dallas, or to create or maintain any nuisance as hereafter declared. Subsections A and/or B shall not apply to any duly licensed facility operating under a permit from the Department of Environmental Protection. Subsection A shall not apply to any permitted commercial or commercial/industrial establishment for the repair, maintenance or restoration of motor vehicles. A. Inoperable, unregistered and/or uninspected motor vehicles which are not confined within a permitted structure. B. Junk material, including but not limited to unused, discarded or abandoned machinery, vehicle parts, equipment or appliances, which are not confined within a permitted structure. C. The burning of garbage, trash, tires, tar products, non-wood materials or any material which produces noxious or offensive smoke, fumes or odor. D. The pushing, shoveling or otherwise depositing of snow or any other material upon the road and/or traveled portion of any public highway, road, street or Township right-of-way which is maintained by this Township or by the Commonwealth of Pennsylvania, and allowing the same to remain thereon.
§ 55-6. Notice of violations. A. Method of serving notice. Prior to the issuance of a citation or the filing of a private criminal complaint for a violation of § 55-5A and/or B of this article, it shall be necessary to serve written notice upon the owner in one of the following ways: (1) By mailing a copy of the notice to the owner by any form of mail requiring a receipt signed by the owner; (2) By personal delivery of the notice to the owner; (3) By handing a copy of the notice at the residence of the owner to an adult member of the family who resides within, but if no adult member of the family is found, then to an adult person in charge of such residence; or (4) By fixing a copy of the notice to the door at the entrance of the premises in violation.
49:64 § 55-6 INSURANCE § 55-8
B. Form to be provided. Notice required under this section must be given on a form prescribed and provided by the Township. C. Content of notice. The notice shall set forth the name and address of the owner, if known; the nature and extent of the violation or offense; the period or periods of time over which the nuisance has occurred; the identity of the person giving notice; the date and time of the sending or posting of notice; and a statement to the effect that a citation shall be issued or a private complaint filed if the nuisance is not abated within 14 calendar days from the date of receipt or posting of notice. D. Duration of notice. Any notice given pursuant to this section shall be valid for a period of six months; within six months, no additional notice need be given prior to the issuance of a citation or the filing of private complaint. E. No prior notice necessary. No prior notice of violation(s) is necessary for the issuance of citation(s) for any violation of § 55-5C and/or D of this article.
§ 55-7. Enforcement. The provisions of this article shall be enforced by a law enforcement officer instituting summary proceedings by citation as provided by law or, when the affiant is not a law enforcement officer, the affiant shall institute a criminal proceeding by filing a complaint with the District Justice as provided by law.
§ 55-8. Violations and penalties. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
49:65
§ 55-9 INSURANCE § 55-11
ARTICLE II Disorderly House Nuisances [Adopted 6-19-2012 by Ord. No. 2012-5]
§ 55-9. Title. This article shall be known as the "Disorderly House Nuisance Ordinance."
§ 55-10. Definitions. A. Whether or not capitalized, the following words terms and phrases used herein shall have the following meanings: BOARD OF SUPERVISORS — The Board of Supervisors of the Township. DWELLING — A house or other structure in which one or more persons resides. This shall include any house or other structure arranged, designed or used, in whole or in part, to provide living facilities for one or more individuals and includes a building, a part of a building, a tent, a mobile home, or another enclosed space that is used or intended for use as a human habitation. OWNER — Any and all persons having a legal or equitable title to the dwelling recorded in official governmental records for such dwelling and includes the guardian of the estate of any such person and the executor or administrator of the estate of such person. PERSON — Any individual, corporation, firm, partnership, organization and/or other similar entity. TOWNSHIP — The Township of Dallas, which is located within the confines of Luzerne County, Pennsylvania. B. Singular words shall include plural and masculine words shall include feminine and neuter. The words "and" and "or" shall mean "and/or" whenever reasonably applicable.
§ 55-11. Disorderly house nuisance defined. A "disorderly house nuisance" is a dwelling at which any of the following has occurred within a consecutive three-hundred-sixty-five-day period: A. Two or more felony and/or misdemeanor arrests, arising out of separate and distinct facts and circumstances, as defined by the statutes of the Commonwealth of Pennsylvania, and/or the ordinances of the Township of Dallas, Luzerne County, Pennsylvania; B. Two or more violations of both Titles 18 and 47 relating to alcoholic beverages arising out of separate and distinct facts and circumstances; C. Two or more violations relating to animals and fowl arising out of separate and distinct facts and circumstances;
49:67 § 55-11 DALLAS CODE § 55-14
D. Two or more violations of Title 35; the Drug, Device and Cosmetic Act; or E. A combination of two offenses from any of the above categories, arising out of separate and distinct facts and circumstances.
§ 55-12. Prohibited acts. A. No owner of a dwelling shall allow or permit such dwelling to be, or become, a disorderly house nuisance. B. An owner shall be deemed to have allowed or permitted a dwelling to be, or become, a disorderly house nuisance, if: (1) The owner has personally committed the acts set forth in § 55-11; (2) Such acts were committed by an invitee or lessee of the owner; (3) Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the owner or by a lessee or invitee of the owner; or (4) Such acts were committed by a combination of Subsections B(1), (2) or (3).
§ 55-13. Commencement of prosecution. The police and/or Zoning Officer of the Township may commence prosecution alleging a violation of this article by following the Pennsylvania Rules of Criminal Procedure General Procedures in Summary Cases.
§ 55-14. Violations and penalties. A. Any person who violates this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. B. In addition to any proceeding on any other remedy at law or equity for a violation of a provision of this article, the Township may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful or not. The civil penalty so assessed shall not exceed $10,000 per day for each violation. The Township shall consider the scope of the nuisance in assessing such penalty. C. When the Township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full, or if the person wishes to contest the amount of the penalty or 49:68 § 55-14 INSURANCE § 55-15
the facts of the violation to the extent not already established, action shall proceed as defined by the Pennsylvania Rules of Civil Procedure. The amount assessed shall be payable to the Township and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest or the penalty amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986 (P.L. 99-514, 26 U.S.C. § 1 et seq.) from the date of assessment of the penalty. D. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person when a notice of lien incorporating a description of the lien is located. The Prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the Township, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the Prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this section, which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to filing of a notice of lien under this section.
§ 55-15. Remedies not mutually exclusive. The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.
49:69 § 55-15 DALLAS CODE § 60-2
Chapter 60
PEDDLING AND SOLICITING
GENERAL REFERENCES
Nuisances — See Ch. 55.
§ 60-1. Legislative intent. The solicitation for sales of goods and services and actual sales of the same door to door and in or on streets, sidewalks, parks and other public areas of the Township creates varied and sundry risks to the health, safety and welfare of the community. Specifically, local criminal history evidences a greater risk of fraud, deception, coercion and unfair trade practices in uninvited door-to-door solicited sales by sometimes itinerant merchants. Additionally, such activities risk invasion of the customer's privacy within the customer's residence. Solicitation and sales in or on public places create the added risks of injury, delay, property damage and nuisance in traffic, parking, foot travel and emergency services. Such solicitation and sales, however, serve legitimate business purposes and needs of both suppliers and consumers and are constitutionally protected against vague, overly broad and content-based, unequal restriction. For these reasons, this chapter is enacted in order to protect the health, safety and welfare of the community, through the exercise of municipal police power, to meet those legitimate government objectives, utilizing content-neutral restrictions, offering equal protection to those affected, through measures designed to be the least restrictive means available to meet those objectives.
§ 60-2. Definitions. For the purpose of this chapter, the following words used herein shall be considered to have the meanings set forth in this section: PEDDLING — A person who travels about selling to consumers goods, wares, merchandise, foodstuffs or services, in his possession, for immediate delivery. It shall not include delivery of orders pursuant to contracts previously executed, nor solicitations or sales made in conjunction with the principal activity of disseminating religious, political or philosophical beliefs protected by the First Amendment of the Constitution. PERSON — Any natural person, association, partnership, firm, organization or corporation. PUBLIC PLACE — Any of the streets, sidewalks, curbs, parks and any other lands dedicated to the use of or owned by this Township, the Commonwealth of Pennsylvania or the federal government and over which this Township has any police jurisdiction or authority.
60:70 § 60-2 PEDDLING AND SOLICITING § 60-4
REGISTERED SOLICITOR OR PEDDLER — Any person who has obtained a valid certificate of registration as provided in this chapter, which certificate is in the possession of the solicitor or peddler while engaged in soliciting or peddling. RESIDENCE — Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING — Any one or more of the following activities, when initiated by the caller, without advance invitation by the person contacted: A. Seeking to obtain orders for the purpose of selling goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever, for immediate or future delivery; B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project, not otherwise exempted by the provisions of this chapter, unless the principal purpose of the contact and communication is for the purpose of disseminating religious, political or philosophical beliefs protected by the First Amendment of the Constitution.
§ 60-3. Certificate of registration required. Every person desiring to engage in soliciting or peddling at residences or on public places within the Township, unless exempted by the provisions of § 60-4, is hereby required to make written application for a certificate of registration as provided in this chapter. Such certificate shall be carried by the solicitor or peddler at all times while engaged in soliciting or peddling within the Township of Dallas. Failure to procure a certificate of registration or engaging in soliciting or peddling without a certificate shall constitute a violation of this chapter.
§ 60-4. Exemptions. The registration requirements of § 60-3 shall not be applicable to the following: A. Farmers seeking or taking orders for the sale of products they produce. B. The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
60:71 § 60-4 DALLAS CODE § 60-5
C. Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer. D. Public or charitable activities in which the Township is a participant, the activities being conducted for the enjoyment and well-being of the community. E. Charitable organizations exempted from the registration requirements of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq. F. Students enrolled in a school district serving the Township, peddling or soliciting for the benefit of their school or an organization thereof or for any private, nonprofit social club or organization to which they belong, such as Boy Scouts or Girl Scouts. G. Persons contacting and/or communicating with persons for the principal purpose of disseminating their religious, political or philosophical beliefs protected by the First Amendment of the Constitution, even if contributions or sales of goods are solicited in conjunction with such principal protected activity.
§ 60-5. Application for certificate of registration. A. Every person desiring to engage in soliciting or peddling in the Township shall first make application to the Township for a certificate of registration. The application shall be made upon a form provided by the Township and shall contain at least the following information verified by oath or affirmation: (1) Full name, home address and telephone number of the applicant and local address, if any. (2) Name, address and telephone number of the applicant's employer or sponsor or a statement that such applicant is self-employed. (3) The nature of the goods, wares, services or merchandise offered for sale and/or the purpose of the organization and the nature of the solicitations to be made. (4) A statement as to whether or not the applicant has ever been convicted of any crime, and, if the answer is in the affirmative, the dates and nature of the offense or offenses and the punishments imposed therefor. (5) The description by make, model, year, color, title number and license plate number of the vehicle to be used, if any. (6) The applicant shall furnish a current photograph of himself or herself. (7) A statement as to whether or not the applicant's business or profession is licensed by the Commonwealth of Pennsylvania or the
60:72 § 60-5 PEDDLING AND SOLICITING § 60-8
federal government, or any of its agencies; and, if so, a copy of a current license for the applicant shall be provided. (8) A statement from all applicants intending to engage in charitable soliciting as to whether or not the applicant, his employer and/or his sponsor is or is not licensed under the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.; and if so licensed, a copy of the current license for the applicant shall be provided, and, if not so licensed, an explanation of the basis for any applicant's claimed exemption from such registration. (9) Any other information required by the Township to perform the duties described herein and contained in the registration application form, as revised from time to time. B. Each person desiring to solicit or peddle shall apply individually for certificates. Certificates under this section shall not be transferable from one person to another.
§ 60-6. Certificate fee.) No certificate shall be issued under this section until the fee in an amount set from time to time by resolution of the Board of Supervisors shall be paid to the Township. Said fee represents a reasonable estimate of the Township's cost of, and shall be for the use of the Township in defraying the costs and expenses of, investigation, documentation and enforcement of this chapter. A separate application shall be filed and a separate fee shall be paid by each person who shall actually conduct the soliciting or peddling and shall apply where an employer desires to secure certificates for his or her employees, agents or servants. The fee may be changed or modified from time to time by resolution of the Board of Supervisors as necessary to approximate costs to the Township.
§ 60-7. Term.) The certificate granted pursuant to this section shall be valid for 30 days after the date of such certificate and, upon the expiration of any certificate, if the person holding the same shall desire to continue or renew soliciting or peddling, he or she shall be required to file a new application for a permit and pay a new fee. Such certificates may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of the fee for each thirty-day period provided in § 60-6.
§ 60-8. Issuance or denial of certificate. A. A certificate of registration shall be issued or denied by the Township within three working days of receipt of a fully completed application for a certificate of registration. A certificate of registration shall be denied by the Township only for the following reasons:
60:73 § 60-8 DALLAS CODE § 60-10
(1) The Township determines that any of the information provided on the application is false or omitted. (2) The Township, upon consultation with the Chief of Police, determines that any of the conduct or activities described in the permit application, if enacted, would constitute a violation of the Township's ordinances or state or federal statutes or regulations. (3) The Township determines that the applicant fails to hold any license required under any other local ordinance or state or federal statutes or regulations. B. A certificate of registration shall not be denied because of the products, services, content, message, philosophy, objective or purpose of the soliciting or peddling; the possible or anticipated public reaction to the same; the character of persons involved in the soliciting or peddling; or the method of soliciting or peddling, except to the extent that, if conducted in accordance with the information disclosed on the face of the application, it would constitute an illegal act under any of the Township's other ordinances or state or federal statutes or regulations. C. Any denial of a permit shall be made in writing by the Township, addressed to the applicant, and shall set forth the specific facts and reasons for the denial. The same may be mailed first class and/or hand delivered to the applicant. D. Copies of any certificate of registration issued shall be immediately mailed or hand delivered to: (1) Chief of Police. (2) Fire Chief. (3) Township Secretary. (4) All members of the Board of Supervisors. E. The applicant shall be under a continuing obligation for the term of the certificate's validity to immediately provide written notification to the Township of any change in the facts stated in the application.
§ 60-9. Revocation of certificate of registration. Any certificate of registration issued may, nevertheless, be revoked summarily, for the same reasons an application may be denied, should the Township determine that the permit was issued in error or that the information provided in the application is no longer true and correct or if a notification is received from the applicant amending the application in such fashion that denial of the certificate of registration would be justified for the reasons set forth in this chapter.
60:74 § 60-10 PEDDLING AND SOLICITING § 60-14
§ 60-10. Appeal of denial of certificate of registration. Should a certificate of registration be denied or revoked, the applicant may appeal the Township's decision to the governing body of the Township by providing written notice of his or her desire to appeal, not later than 10 days after issuance of the notice of denial or revocation, to the Township's governing body. Upon receipt of such notice of appeal, the matter will be scheduled for hearing by the governing body of the Township within 30 days.
§ 60-11. Contents of certificate; display. Such certificate, when issued, shall state, inter alia, the products or services to be sold or rendered and/or charitable contributions to be solicited or peddled by the applicant. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling within the Township, carry such certificate upon his or her person and shall exhibit it, upon request, to all police officers, municipal officials and initially upon introduction to citizens contacted. No solicitor or peddler shall engage in selling any product or service or seeking charitable contributions not identified on such certificate.
§ 60-12. Residence notice regulating soliciting. Persons occupying residences may enjoy protection from undesired soliciting and peddling by posting a notice in the following fashion. Notice of a determination by the occupant of any residence of the refusing invitation to solicitors or peddlers to a residence shall be given by exhibiting a card, at least three inches by four inches in size, upon or near the main entrance door to the residence, containing the words "No Solicitors Invited" or "No Solicitors" or "No Soliciting" or some other phrase that shall give notice to solicitors or peddlers.
§ 60-13. Duty of solicitors or peddlers. It shall be the duty of every solicitor or peddler, upon approaching or arriving at any residence, to first look for any notice posted pursuant to § 60-12 above, and examine the notice provided for in this chapter, if any is attached, and be governed by the statement contained on any notice. If such a notice is posted, then the solicitor or peddler shall immediately and peacefully depart from the residence without contacting occupants. Any solicitor or peddler who has gained entrance to any residence, whether invited or not, and whether posted with a notice or not, shall immediately and peacefully depart from the residence when requested to do so by an occupant.
§ 60-14. Uninvited soliciting or peddling prohibited. It is hereby declared to be a violation of this chapter to engage in soliciting or peddling in defiance of any notice exhibited at a residence in accordance
60:75 § 60-14 DALLAS CODE § 60-18 with the provisions of § 60-12 or to fail to immediately and peacefully depart from a residence when requested to do so by an occupant.
§ 60-15. Restricted hours for soliciting and peddling. It is hereby declared to be a violation of this chapter and shall constitute a public nuisance for any person, whether registered under this chapter or not, to engage in soliciting or peddling and/or to go upon any premises and ring the doorbell upon or near any door of a residence located thereon or rap or knock upon any door to create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof, for purposes of soliciting or peddling prior to 9:00 a.m. or after 8:00 p.m. of any workday or at any time on a Sunday, or on a state or national holiday. Such time shall be the prevailing time, whether Eastern standard time or daylight saving time.
§ 60-16. Soliciting or peddling in public places. No person shall engage in soliciting or peddling in or on any public place, whether possessing a certificate of registration or not. No person engaged in soliciting or peddling shall permit his/her vehicle to remain standing or parked at any one location in or on a public place for more than 30 minutes at a time.
§ 60-17. Crying wares and using noisemakers prohibited. No person engaged in soliciting or peddling shall use any loudspeaker, bell, whistle or other device for announcing his/her presence as a result of which the public health, safety and welfare is placed at risk or a public nuisance is created thereby, whether possessed of a certificate of registration or not.
§ 60-18. Violations and penalties. Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Chapter 61
PROPERTY MAINTENANCE
60:76 § 61-1 PEDDLING AND SOLICITING § 61-5
ARTICLE I Vegetation Control on Manageable Lots [Adopted 11-3-2008 by Ord. No. 2008-3]
§ 61-1. Definitions. As used in this article, the following terms shall have the meanings indicated: MANAGEABLE LOT — Means and refers to a piece or parcel of land which has a separate and distinct property identification number given to it by the Assessor's Office of Luzern County and is one acre or less in size regardless of whether such lot is improved with a structure.
§ 61-2. Prohibited acts; height of vegetation; public nuisance. No person, firm or corporation owning or occupying a manageable lot within the Township of Dallas shall permit any grass or weeds or any vegetation whatsoever thereon to exceed a height of six inches, except vegetation which is edible or planted for some useful or ornamental purpose and is maintained in accordance with the requirements of § 61-3 of this article. Any grass, weeds or other vegetation growing upon a manageable lot in violation of the provisions of this § 61-2 is hereby declared to be a public nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of Dallas Township.
§ 61-3. Exception for certain vegetation. Vegetation which is edible or planted for some useful or ornamental purpose shall not be subject to the provisions of § 61-2 of this article so long as such vegetation which is edible is properly harvested and not permitted to spoil or become rotten and so long as such vegetation which is planted for some useful or ornamental purpose is routinely trimmed.
§ 61-4. Responsibility of property owner and occupant. The owner of a manageable lot, whether occupied by the owner or not, and any other person or entity occupying such lot shall be responsible for removing, trimming or cutting all grass and vegetation growing or remaining upon such premises in violation of the provisions of § 61-2 of this article. Both the owner and the occupant shall be jointly responsible for compliance with this article.
§ 61-5. Notice of violation. The Dallas Township Zoning Officer, or any officer or employee of the Township designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States certified mail, to the owner and the occupant, or either of them, of a violation of the terms and conditions of this article, directing and requiring such grass and vegetation
60:77 § 61-5 DALLAS CODE § 61-6 to be removed, trimmed or cut, so as to conform to the requirements of this article, within five days after issuance of such notice.
§ 61-6. Remedies available; penalties for offenses. A. If any such owner and/or occupant shall neglect to comply with such notice within the period of time stated herein, the Township shall have the following remedies: (1) It may remove, spray, trim or cut such grass and/or vegetation so as to bring the same into compliance with the provisions of this article; and the reasonable cost thereof, together with a penalty of 10% of such reasonable costs, may be collected by the Township from such owner or occupant; and/or (2) It may initiate summary proceedings against any person, firm or corporation who shall violate any of the provisions of this article who, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. B. The foregoing remedies and penalties shall be in addition to any right the Township may have under applicable law to commence other legal proceedings to abate a nuisance.
60:78 § 61-7 PEDDLING AND SOLICITING § 61-9
ARTICLE II Adoption of Standards [Adopted 5-15-2012 by Ord. No. 2012-3]
§ 61-7. Adoption of code by reference. Chapters 1, 2, 3, 4 and 7 of the International Property Maintenance Code, 2012 edition, as published by the International Code Council, three copies of which are on file in the Dallas Township Administrative Office, be and is hereby adopted as the Property Maintenance Code of the Township of Dallas, Luzerne County, Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures as set forth in such chapters by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said chapters of said Property Maintenance Code on file in the Dallas Township Administration Office are hereby referred to, adopted, and made a part hereof, as fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 61-8 of this article.
§ 61-8. Additions, deletions and amendments. The following sections are hereby revised: A. In Section 101.1, insert "Dallas Township." B. In Section 103.5, insert "$300." C. In Section 112.4, insert "Not less than $300 or more than $500." D. In Section 302.4: (1) Insert: "six inches."
(2) In addition, the first paragraph of this section is further revised as follows: (a) The words "manageable lot" are substituted for the word "premises"; and (b) The following sentence is added to such paragraph: "The words "manageable lot" mean and refer to a piece or parcel of land which has a separate and distinct property identification number given to it by the Assessor's Office of Luzerne County and is one acre or less in size regardless of whether such lot is improved with a structure." E. In Section 304.14, insert "May 1 to September 30."
60:79 § 61-9 DALLAS CODE § 61-11
§ 61-9. Notice of violation; lien. Any person failing to comply with a notice of violation or order served in accordance with Section 107 of the 2012 International Property Maintenance Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with within 10 days, the code official shall institute the appropriate proceedings of law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. An action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
§ 61-10. Violations and penalties. Any person who shall, violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws with a fine imposed of $300 per day and/or 30 days imprisonment in county jail. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
§ 61-11. Effect on prior provisions. Nothing in this article or in the chapters of the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 61-9 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
60:80 § 61-11 PEDDLING AND SOLICITING § 61-11
Chapter 62
RENTAL PROPERTY
GENERAL REFERENCES
Taxation — See Ch. 81.
60:81
§ 62-1 PEDDLING AND SOLICITING § 62-3
ARTICLE I Registration [Adopted 2-21-2006 by Ord. No. 2006-3; amended in its entirety 5-20-2015 by Ord. No. 2-2015]
§ 62-1. Registration of rental units and occupants required. Each and every owner (or owners) of any and all apartment buildings, mobile home parks, or of any and all other rental or leased properties situated within the Township of Dallas is required to report to the Township on forms provided by the Township, the number of parcels or units, including location, then being leased or available for lease, the name or names and mailing addresses and employer's name of all renters or lessees over the age of 18 occupying said rental units or parcels. This report must be made by August 1 of each calendar year and within 15 days following any change in the information provided in the immediately preceding report.
§ 62-2. Definition of family. For purposes of the 2006 Ordinance as hereby amended, the following definition of "family", as set forth in the Dallas Township Zoning Ordinance,20 shall apply to all properties in Dallas Township which are rented or leased: One or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit. Foster children placed into the care and custody of a family shall be deemed to be a member of the family. A group in excess of four individuals who are not related by blood, marriage or legal adoptions, shall not be deemed to constitute a family.
§ 62-3. Violations and penalties. Any property owner (or owners) who violates (or violate) this article shall, upon conviction in a summary proceeding brought before a District Justice under Pa.R.Crim.P. shall be guilty of a summary offense and shall be punished by a fine of not more than $600, plus costs of prosecution.
20.Editor’s Note: See Ch. 95, Zoning. 60:83
§ 62-4 PEDDLING AND SOLICITING § 62-6
ARTICLE II Inspection [Adopted 11-1-2016 by Ord. No. 2016-1]
§ 62-4. Title and purpose. A. This article shall be known as the "Dallas Township Rental Inspection Ordinance." B. The Township of Dallas has experienced problems with the maintenance of non-owner-occupied residential properties from time to time. The health, life, safety, and welfare of occupants of these non-owner-occupied premises within the Township of Dallas is a great concern. The purpose of this article is to enhance the safety of non- owner-occupied premises, structures, and properties by a system of inspection(s), which focuses upon compliance with basic property maintenance code(s).
§ 62-5. Definitions. As used in this article, the following terms have the following meanings indicated, unless a different meaning clearly appears from the context: CODE — Any property maintenance code, as the same may be amended from time to time, and as adopted or enacted by an ordinance of the Township of Dallas. OWNER — Any person, copartnership, association, corporation, or fiduciary having legal or equitable title, or any right, title or interest in any real property. Whenever used in any clause, herein, the term "owner," as applied to copartnerships and associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof. PUBLIC HOUSING UNIT — All housing units owned and occupied or managed by a public housing authority under contract with any local, county, state, or federal housing agency. "Public housing unit" does not include Section 8 or other equivalent program(s). REGULATED RENTAL UNIT/REGULATED DWELLING UNIT — A residential unit occupied by a person or persons other than the owner. RESIDENTIAL UNIT — Any structurally enclosed area or space including or intended to be used as living space, quarters, or unit for one or more persons. STRUCTURE — Any thing that is built or constructed upon real property or a portion thereof.
§ 62-6. Prohibition of occupancy. No residential unit shall be occupied by other than the owner thereof, unless a certificate of occupancy is issued, following inspection thereof,
60:85 § 62-6 DALLAS CODE § 62-7 and maintained on file by the owner or the owner's designated agent, as required by the provisions of this article.
§ 62-7. Inspection requirements. Residential units and residential rental units/regulated dwelling units shall be subject to inspection in accordance with the provisions of this article. A. Purpose. Inspections required by this article shall be for the purpose of determining compliance with all of the terms and provisions of the International Property Maintenance Code, as amended from time to time, and as adopted by the Township of Dallas by ordinance and in full force and legal effect in the Township of Dallas at the time of any inspection required by this article. B. Permitted inspectors. Inspections required by this article shall be conducted by the Code Enforcement Officer of the Township of Dallas or by any other person(s) specifically empowered to conduct such inspections by the Board of Supervisors of the Township of Dallas. C. Timing of inspections. (1) Initial inspection must be completed within 90 days of the passing of this article. (2) In respect of any residential unit or any regulated rental unit/ regulated dwelling unit, unoccupied by the owner on or after the effective date hereof, a certificate of occupancy shall be issued, following an inspection, and maintained on file by the owner and the Township of Dallas prior to occupancy of such residential unit or regulated rental unit/regulated dwelling unit by any person or persons other than the owner. (3) Any property or premises, which has been inspected hereunder and for which a certificate of occupancy has been previously issued, and thereafter becomes vacant for any period of time must be reinspected and a certificate of occupancy must be reissued prior to occupancy by any person or persons as a residential unit or regulated rental unit/regulated dwelling unit. (4) A residential unit or regulated rental unit/regulated dwelling unit, which is subject to the inspection requirements of this article, shall be required to be reinspected 24 months after the initial inspection, and reinspected every 24 months thereafter, and a new certificate of occupancy shall be issued thereafter, based upon such reinspection(s). (5) Upon the transfer of title to a new owner, no residential unit or regulated rental unit/regulated dwelling unit shall be occupied, in whole or in part, until an inspection of the premises or structure and a certificate of occupancy is issued hereunder. All transfers of title, by whatever means, of a residential unit or regulated
60:86 § 62-7 PEDDLING AND SOLICITING § 62-9
rental unit/regulated dwelling unit or any property, premises, or structure intended to be used thereafter as a rental residential unit or regulated rental unit/regulated dwelling unit shall be occupied, in whole or in part, only following an inspection thereof and the issuance of a certificate of occupancy in accordance with the terms of this article. Any transfer of title to a new owner of such premises or property or structure shall be reported to the Code Enforcement Officer of the Township of Dallas within 60 days upon transfer of the title to any new owner.
§ 62-8. Public housing unit. A public housing unit is exempt from the terms and conditions of this article, provided that: A. The housing units owned and operated or managed by a public housing authority are required to be inspected at least annually to ensure compliance with HUD's Housing Quality Standards, 24 CFR Part 882, as the same may be amended from time to time, and so long as said standards are comparable to the International Property Maintenance Code in force and of legal effect and as adopted by the Township of Dallas by ordinance; or B. The inspections are conducted by authorized representatives of HUD, the public housing authority, or its duly authorized agent, and; C. The inspection reports are available for inspection by the Code Enforcement Officer of the Township of Dallas, and a list of the properties so inspected is filed with the Code Enforcement Officer of the Township of Dallas annually; or D. Nothing contained in this exception or exemption shall be deemed to exclude such premises, structures, or properties from being subject to any of the property maintenance codes then in full force and of legal effect in the ownshipT of Dallas.
§ 62-9. Issuance and filing of certificate of occupancy. A. General provision. Upon completion of an inspection, and there are no determined or specified violations of the Code(s), as in effect on the date of the inspection, or that any such violations have been corrected in accordance with said Codes, the Code Enforcement Officer of the Township of Dallas shall issue a certificate of occupancy for the structure, premises, or property in respect to each individual residential unit or regulated dwelling unit therein, that was inspected and listed specifically upon said certificate of occupancy. The certificate of occupancy shall be kept in the file of the owner and made available to the Code Enforcement Officer upon request and, further, the same shall be made available to any rental occupant upon written request made to the owner or owner's authorized agent.
60:87 § 62-9 DALLAS CODE § 62-11
B. Form of proof of inspection. Proof of inspection and absence of any violations of the code(s) shall be in such form, as approved from time to time, by the Code Enforcement Officer of theownship T of Dallas. C. Report of inspection appeals. A report of inspection, which indicates any violation of any code(s), shall be provided by written notice to the owner within 15 days of the date of inspection. Any appeals from the report of inspection shall be filed and adjudicated in the manner provided for in this article. D. Multiunit structures. The units within a structure, which are in compliance with the Code(s), may continue to be occupied, if such other units in any portion(s) of the structure do not apply to this article, because they are owner-occupied, or have passed inspection. If any unit in a multiunit structure, however, creates a foreseeable hazard to the health, life, and safety to the persons occupying such other units in compliance, such other units must be vacated. E. Compliance with code(s). The issuance of a certificate of occupancy does not relieve the owner from complying with all terms and provisions of all of the real property codes, as the same exist and are in full force and of legal effect at the time in the ownshipT of Dallas.
§ 62-10. Notice requirement. A. Newspaper advertisement. The Code Enforcement Officer of the Township of Dallas shall each year cause notice to be published in a newspaper of general circulation within the Township of Dallas. The notice shall set forth that the Township of Dallas requires, pursuant to its rental inspection ordinance, the inspection of residential units/ regulated rental units/regulated dwelling units before the same can become occupied by any person(s) other than the owner, and the place(s) in the Township of Dallas where a copy of this article may be obtained. B. Written notice must be given by the Code Enforcement Officer to the property owner or the authorized agent of the owner prior to any inspection. The property owner or agent shall provide the rental occupant(s) with reasonable notice of the inspection and provide proof of such rental occupant(s)'s notice to the Code Enforcement Officer.
§ 62-11. Responsible party. The owner of any residential units/regulated rental units/regulated dwelling units, which are subject to the inspection requirements of this article, shall be responsible for compliance with the provisions of this article. All owners of residential units and regulated rental units/regulated dwelling units, who do not reside in the Township of Dallas, Luzerne County, Pennsylvania, shall designate, in writing, an authorized agent residing in or maintaining an office within 25 miles of Dallas Township, who shall be responsible for receiving all notices issued by the Township of Dallas pertaining to such
60:88 § 62-11 PEDDLING AND SOLICITING § 62-13 rental premises, structures, or properties. The owner shall also provide, in writing, the business address and telephone number of the person or entity that the owner designates as the authorized agent of the owner.
§ 62-12. Scope of inspection. All residential units and regulated rental units/regulated dwelling units, which are subject to the inspection requirements of this article, shall be inspected by the Code Enforcement Officer of the Township of Dallas to determine compliance with the International Property Maintenance Code, as amended from time to time, and as adopted by the Township of Dallas by ordinance and, further, as contained in the Code of Ordinances of the Township of Dallas relating to all matters pertaining to zoning of real property and structures.
§ 62-13. Grounds for denial, nonrenewal, suspension or revocation of certificate of occupancy. A. General. (1) The Code Enforcement Officer may initiate violation proceedings against an owner that may result in a formal warning, nonrenewal, suspension, or revocation of the owner's Certificate of Occupancy for the violation of any provision of this article that imposes a duty upon the owner and/or for failing to regulate any action(s) by any occupants in violation of the provisions of this article, as stated herein, subject, however, to the right to appeal, as provided in this article. (2) In order to obtain or retain a certificate of occupancy, the property, structure, or premises of the owner, qualifying hereunder, must comply with the minimum general standards mandated by the International Property Maintenance Code of the Township of Dallas, as amended from time to time, and particularly, the following minimum standards: (a) Building: interior and exterior, clean and safe.
(b) Building: infestation and rodent harborage. (c) Building: smoke alarms. (d) Building: CO detector. (e) Building: handrails. (f) Building: fire extinguisher in kitchen. (g) Electrical: GFCIs. (h) Plumbing: hot water. (i) Plumbing: toilet.
60:89 § 62-13 DALLAS CODE § 62-13
(j) Plumbing: bathing. (k) Plumbing: sink. (l) Mechanical: heat. (m) Mechanical: dryer vent. B. Definition of Code Enforcement Officer's determination(s) of inspections. DENIAL — The violations found at the time of the inspection would render the property unsafe. FORMAL WARNING — Formal written notification of at least one violation of this article. Upon satisfactory subsequent reinspection, compliance with this article and any condition imposed by the Code Enforcement Officer, the formal warning shall be removed at the time that the owner applies for the initial Certificate of Occupancy or any renewal thereof or at an earlier time as ordered by the Code Enforcement Officer. NONRENEWAL — The denial of the right to apply for a certificate of occupancy renewal after expiration of the term of a subsisting and current certificate of occupancy. The Township of Dallas will permit the owner to maintain occupants in a premises until the end of the term of the certificate of occupancy, unless the premises, structure, or property passes a reinspection by the Code Enforcement Officer. SUSPENSION — The immediate loss of the right to rent residential units or regulated residential units/regulated dwelling units for a period of time established by the Code Enforcement Officer. The owner, after expiration of the suspension period, may apply for renewal of the certificate of occupancy, following a reinspection of the property, premises, or structure, which determines that the premises are in full compliance with the provisions of this article. Upon suspension, the owner shall take immediate steps to evict and remove all of the rental occupants from the premises, property, or structure. REVOCATION — The immediate loss of the right to rent residential units and regulated residential units/regulated dwelling units for a period of time established by the Code Enforcement Officer and which may result in the loss of the right of the owner to apply for renewal of a certificate of occupancy at any time. Upon revocation, the owner shall take immediate steps to evict and remove all of the rental occupants from the premises, property, or structure. C. Standards for determination of existence of violations. The Code Enforcement Officer shall consider one or more following matters when determining the existence of violations for noncompliance with the terms and provisions of this article and the Township of Dallas Property Maintenance Code(s):
60:90 § 62-13 PEDDLING AND SOLICITING § 62-13
(1) The impact of the violation on the health, life, safety, and welfare of the occupant(s) of the residential unit or regulated residential unit/regulated dwelling unit and other residents of the structure, property, or premises. (2) The impact of the violation upon the immediate neighborhood of the premises, structure, or property. (3) Whether the owner has prior violations of this article or other real property ordinances of the Township of Dallas or has received notices of such violations, as provided for in this article. (4) Whether the owner has been subject to disciplinary proceedings under this article. (5) The effect of disciplinary action of violations upon the occupants. (6) The action taken by the owner to remedy identified violation(s) and to prevent future violations, including any written plan of remediation required to be submitted by the owner to the Code Enforcement Officer. (7) The policies, provisions, and terms of the lease agreement employed by the owner to manage the property or premises or structure to enable the owner to comply with the provisions of this article. (8) In addition to applying those specific violations as set forth above, the Code Enforcement Officer may impose upon the existing or subsequent certificates of occupancy conditions relating to fulfilling strictly the terms, provisions, and legislative purpose of this article. D. Grounds for imposing violations. Any of the following matters may subject an owner to violations hereunder: (1) Failure to abate a violation(s) of this article applicable to the property, structure, or premises within the time directed by the Code Enforcement Officer; or (2) Refusal to allow an inspection of the property, structure, or premises by the Code Enforcement Officer, as provided for in this article; or (3) Failure, deliberately or negligently, by occupants of the residential units or regulated residential units/regulated dwelling units to prevent violations of this article; or (4) Violations of this article or other ordinances of the Township of Dallas that apply to residential real property, structure, or premises within the term of existence of a Certificate of Occupancy. For purposes of this article, there need be no criminal conviction before a violation(s) can be found to exist.
60:91 § 62-13 DALLAS CODE § 62-14
E. Procedure for denial, nonrenewal, suspension, or revocation of certificate of occupancy. Following a determination by the Code Enforcement Officer that the grounds for denial, nonrenewal, suspension, or revocation of a certificate of occupancy exist, the Code Enforcement Officer shall notify the owner of the action to be taken and the reason(s) therefor. Such notification shall be in writing, addressed to the owner and/or the authorized agent of the owner and sent by certified mail, return receipt requested, and by regular United States Postal Service mail, and it shall contain the following information: (1) The address of the property, structure, or premises in question and the specific identification of the particular residential unit or regulated residential unit/regulated dwelling unit affected; and (2) The description of the violation(s) of this article which has/have been found to exist; and (3) A statement that the certificate of occupancy for said residential unit or regulated residential unit/ regulated dwelling unit shall be either suspended or revoked, or it will not be renewed for a subsequent term following the term for which an existing certificate of occupancy has been issued or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and, in the case of the suspension, it shall state the duration of said suspension; and (4) A statement that, due to the denial, nonrenewal, suspension, or revocation, as the case may be, the owner or any person authorized to act on behalf of the owner is prohibited from renting, letting, or permitting occupancy of the residential unit or regulated residential unit/regulated dwelling unit, subject to said enforcement action, from and during the period said suspension or revocation action is in effect; and (5) A statement informing the owner that said owner has the right to appeal the decision denying, suspending, revoking, or declining to maintain or renew the certificate of occupancy to the Dallas Township Board of Appeals established by Dallas Township Ordinance No. 2004-3, Chapter 45, enacted on June 15, 2004,21 and to become, upon the effective date hereof, Chapter 45, Part 4, of the Code of Ordinances of the Township of Dallas.22
§ 62-14. Appeals. A. Any person aggrieved by any notice, which has been issued in connection with the enforcement of any provision of this article, or any rule or regulation adopted pursuant thereto, may request and shall be
21.Editor's Note: See Ch. 45, Construction Codes, Uniform. 22.Editor's Note: See § 45-4, Board of Appeals. 60:92 § 62-14 PEDDLING AND SOLICITING § 62-14
granted a hearing on the matter before the Board of Appeals of the Township of Dallas, as created and existing pursuant to Dallas Township Ordinance No. 2004--3, Chapter 45, § 45-4. Such person must file in the office of the Secretary of the Board of Appeals a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned. The appeal must be filed within 10 days after the notice of the Code Enforcement Officer has been served upon the person by written notice. It must be served upon the Secretary of the Board of Appeals by certified mail, return receipt requested and regular USPS mail. There is imposed hereby a fee of $500 for filing such appeals or such appeal fee as may, from time to time, be imposed by the ordinances of the Township of Dallas. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be revised, modified, or withdrawn. The hearing shall be held no later than 20 days after the date upon which the petition was filed. Upon application of the petitioner, the Board of Appeals may postpone the date of the hearing for a reasonable time beyond such twenty-day period, if good and sufficient reason for such temporary postponement is warranted; all in the sole discretion of the Board of Appeals. B. The hearing shall be held in accordance with the procedures appertaining to the Board of Appeals as ordinarily, reasonably, and customarily are applied by the Board of Appeals. C. After such hearing, the Board shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Appeals sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant hereto shall automatically become an Order in the event that a written petition for a hearing is not filed in the office of the Secretary of the Board of Appeals, within 10 days after such notice of the Code Enforcement Officer is served. After hearing in the case of any notice of suspension of any certificate of occupancy required by this statute or by any rule or regulation adopted pursuant thereto, on the date such notice of suspension has been sustained by the Board of Appeals, the certificate of occupancy shall be deemed to have been suspended. Any certificate of occupancy, which has been suspended by a notice, shall be deemed to be automatically suspended if a petition for hearing is not filed in the office of the Secretary of the Board of Appeals within 10 days after such notice of the Code Enforcement Officer is served. The proceedings of such hearing, including the findings and decision of the Board of Appeals, shall be set forth, reduced to writing, and entered as a matter of public record in the office of Secretary of the Board of Appeals. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by any decision of the Board of Appeals may seek relief therefrom in
60:93 § 62-14 DALLAS CODE § 62-17
any court of competent jurisdiction, as provided by the laws of the Commonwealth of Pennsylvania. D. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, safety, life, and welfare, the Code Enforcement Officer may, without notice of hearing, issue an order stating the existence of such an emergency and requiring that such action by taken, as may be deemed necessary, in order to meet the particular needs of the emergency. Notwithstanding any other article contained herein, such order shall become effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon the filing of a petition to the Board of Appeals, as provided in § 62-14A hereof, within 48 hours of notice of the emergency action, such person shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article, and the rules and regulations adopted pursuant thereto have been complied with, the Board of Appeals will continue such order in effect or modify it or revoke it.
§ 62-15. Board of Appeals. A. The Board of Appeals created by Dallas Township Ordinance No. 2004-3, enacted on June 15, 2004, Chapter 45, § 45-4, of the Code of Ordinances of the Township of Dallas shall have exclusive jurisdiction to act as the adjudicator of all appeals arising out of the enforcement of this article, in addition to such other powers, duties, and jurisdiction vested in it now or hereafter by the Township of Dallas. It shall have sole and exclusive jurisdiction to hear, try, adjudicate, and determine all appeals arising out of the operation, enforcement, and implementation of this article. B. The appeal and variance procedure contained in any ordinance of the Township of Dallas relating to zoning shall not be available as a legal remedy to the owner, the authorized agent of the owner, the occupant, or any other person(s), by reason of ownership or occupancy of a residential unit or regulated residential unit/regulated dwelling unit, as defined herein.
§ 62-16. Violations and penalties. An owner of a residential unit or regulated rental unit/regulated dwelling unit, who has been determined to have violated or has permitted the violation of this article, shall be deemed to have committed a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of $600 and all costs of prosecution. In the event that the fine and costs of prosecution are not paid, the Township of Dallas is hereby authorized to collect the fine and costs of prosecution in the manner prescribed by the laws of the commonwealth in respect of actions commenced by a municipality before a District Magistrate. Each violation of this article, and each day the same is continued, shall be deemed as a separate offense.
60:94 § 62-17 PEDDLING AND SOLICITING § 62-18
§ 62-17. Fee schedule. The fee schedule for issuance of certificates of occupancy shall be as follows, upon the effective date hereof, subject to subsequent amendment by the ordinance(s) of the Township of Dallas: A. Issuance of any initial certificate of occupancy: (1) For one to four units: $50 per unit. (2) For five or more units: $35 per unit. B. Inspection of premises, structures, or property subsequent to the inspection for an initial certificate of occupancy or any reinspection for any subsequent certificate of occupancy at any time: $25 per unit.
§ 62-18. Savings clause. The provisions of Dallas Township's Code of Ordinances, so far as they are the same as those ordinances and regulations enforced immediately prior to the adoption of this article, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this article shall not affect any suit or prosecution instituted or to be instituted to enforce any prior ordinance or regulation, except as otherwise provided by law.
60:95 § 62-18 DALLAS CODE § 62-18
Chapter 64
SEWERS
GENERAL REFERENCES
Municipal authorities — See Ch. 5. Subdivision and land development — See Ch. 77. Intermunicipal agreements — See Ch. 11. Zoning — See Ch. 95. Stormwater management — See Ch. 72.
60:96 § 64-1 PEDDLING AND SOLICITING § 64-1
Part 1 23 [AdoptedWastewater5-15-2012 CollectionBy Ord. And No Treatment. 4-2012 ]
ARTICLE I General Provisions
§ 64-1. Purpose and policy. A. Dallas Township (hereinafter the "municipality") owns and operates a wastewater collection system which is subject to a service agreement with the Wyoming Valley Sanitary Authority for the collection and treatment of wastes and sewage collected by such system and contributed by residents of the municipality. B. This Part 1 sets forth uniform requirements for direct and indirect contributors into the wastewater collection system and enables the municipality and the Authority to comply with all applicable state and federal laws as required by the federal Clean Water Act of 1977,24 the General Pretreatment Regulations (40 CFR 403), the Pennsylvania Clean Streams Law,25 and the provisions of the service agreement. C. The objectives of this Part 1 are to: (1) Prevent the introduction of pollutants into the wastewater collection and treatment system which will interfere with the operation of the system, contaminate the resulting sludge, be difficult to treat by conventional means or otherwise be incompatible with the system; (2) Prevent the introduction of pollutants into the wastewater system which will pass-through the system, inadequately treated, into receiving streams or the atmosphere, causing pollution; (3) Improve the opportunity to recycle and reclaim wastewater and sludges from the system; and (4) Provide for equitable distribution of costs occasioned by the acceptance of industrial or other wastes of unusual characteristics. D. This Part 1 provides for the regulation of contributors to the municipal wastewater system through the establishment of standards for discharge of wastes; by authorizing the issuance of permits to certain nondomestic users; by providing general requirements for all users; by authorizing monitoring and enforcement activities; by requiring certain reporting by users; and by providing for the setting of fees for the equitable distribution of costs resulting from the program established herein.
23.Editor's Note: This Ordinance Also Repealed Former Art. I, Sewer Use, Adopted 9-6-1994 By Ord. No. 1994-3. 24.Editor's Note: See 42 U.S.C. § 7401 et seq. 25.Editor's Note: See 35 P.S. § 691.1 et seq. 60:97 § 64-1 DALLAS CODE § 64-2
E. This Part 1 shall apply to all persons who discharge wastes, wastewater or sewage into the sanitary sewer system of the municipality. Except as otherwise provided herein, the Executive Director of the WVSA shall administer, implement, and enforce the provisions of this Part 1.
§ 64-2. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 1 have the meanings hereinafter designated: ACT or THE ACT — The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. § 1251 et seq. APPROVAL AUTHORITY — The administrator of the EPA, Region III, or the Department of Environmental Protection (PADEP) if duly authorized by the EPA to administer the pretreatment program. AUTHORIZED REPRESENTATIVE — The person authorized to sign required reports, as defined at 40 CFR 403.12(1). BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the provisions of this Part 1, including the prohibitions listed in § 64-3 and other pretreatment standards and requirements. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. For purposes of determining significant noncompliance under § 64-42 of this Part 1, BMPs are considered a narrative pretreatment standard or requirement. BIOCHEMICAL OXYGEN DEMAND (BOD) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified, in five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l). CATEGORICAL INDUSTRIAL USER — An industrial user that is subject to a National Categorical Pretreatment Standard. CHEMICAL OXYGEN DEMAND (COD) — The measure of the oxygen- consuming capacity of inorganic and organic matter present in water, sewage, industrial wastewater, or other liquid as determined by standard laboratory procedure, as specified, expressed as milligrams per liter (mg/l). CONTROL AUTHORITY — The WVSA. COOLING WATER — The water discharged from any system of condensation, such as air conditioning, cooling, or refrigeration and which does not contain any pollutants or contaminants at levels which would require regulation under this Part 1. Cooling water which contains pollutants or contaminants which requires regulation shall be considered industrial wastewater. DIRECT DISCHARGE — The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
60:98 § 64-2 PEDDLING AND SOLICITING § 64-2
DOMESTIC SEWAGE — The normal waterborne sewage and other wastes normally discharged by a household, including toilet wastes, laundry, washwater and other gray water, and similar wastes. DOMESTIC USER — A user who discharges only domestic sewage. ENVIRONMENTAL PROTECTION AGENCY or EPA — The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency. EXECUTIVE DIRECTOR — The person designated as such by the WVSA to supervise the operation of WVSA facilities, or his or her duly authorized representative. GRAB SAMPLE — A sample which is taken from a waste stream on a one- time basis with no regard to flow and over a period of time not exceeding 15 minutes. HOLDING TANK — A storage tank installed by the user to hold such industrial wastewater which is prohibited from being discharged to the sanitary sewer system and from which the contents must be hauled to a disposal site. Such tank shall be approved by the municipality and shall not be connected to the sanitary sewer system. INDIRECT DISCHARGE or DISCHARGE — The discharge or the introduction of pollutants into the sanitary sewer system from any nondomestic user. INDUSTRIAL USER — Any user that discharges industrial wastewater. INDUSTRIAL WASTEWATER — Liquid waste and waterborne liquid, gaseous, and solid substances (except domestic sewage which is separately discharged) that is discharged from any industrial, manufacturing, trade or commercial establishment, including nonprofit organizations, governmental agencies or business activities. If domestic sewage is mixed with industrial wastewater, the mixture is industrial wastewater. INDUSTRIAL WASTEWATER DISCHARGE PERMIT — A permit authorizing the discharge of industrial wastewater into the sanitary sewer system. INTERFERENCE — The inhibition or disruption of the WVSA treatment process or operations such as to cause or threaten to cause or contribute to a violation of any requirement of the WVSA's NPDES permit, including an increase in the magnitude or duration of any violation. The term includes prevention of sewage sludge use or disposal by the WVSA in accordance with Section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (including the RCRA),26 the Clean Air Act, 27 the Toxic Substances Control Act,28 or any more stringent state criteria for the use or disposal of sewage sludge.
26.Editor's Note: See 42 U.S.C. § 6901 et seq. 27.Editor's Note: See 42 U.S.C. § 7401 et seq. 28.Editor's Note: See 15 U.S.C. § 2606 et seq. 60:99 § 64-2 DALLAS CODE § 64-2
LOCAL LIMITS — Indirect discharge limits, which may include best management practices, established by the WVSA as required by 40 CFR 403.5(c) (which such limits shall be deemed pretreatment standards), and any other limits developed by WVSA to implement the provisions of this Part 1 or the WVSA rules and regulations. NATIONAL CATEGORICAL PRETREATMENT STANDARD — EPA- promulgated indirect discharge standards for certain industrial process categories under Section 307(b) and (c) of the Act, which are codified at 40 CFR Chapter I, Subchapter N, Parts 405 through 471. NEW SOURCE — Any source, the construction of which is commenced after publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source, if such standard is thereafter promulgated, as defined at 40 CFR 403.3(m)(1). NONDOMESTIC USER — A user engaged, wholly or in part, in the manufacturing, fabricating, processing, cleaning, laundering, bottling, or assembling of a product, commodity or article, or in any commerce or trade and which discharges, or has the capacity to discharge, wastewater other than domestic sewage. NONSIGNIFICANT CATEGORICAL INDUSTRIAL USER — An industrial user subject to National Categorical Pretreatment Standards that is determined by the control authority to be a nonsignificant industrial user on a finding that it never discharges more than 100 gallons per day of industrial Waste subject to National Categorical Pretreatment Standards and that the following conditions are met: A. The industrial user, prior to the control authority's determination, has consistently complied with all applicable categorical pretreatment standards and requirements; B. The industrial user annually submits the following certification statement together with any additional information necessary to support the certification statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR (insert applicable section), I certify that, to the best of my knowledge and belief that during the period from _____ to _____ [month, day, year]: (a) The facility described as ______[facility name] met the definition of a nonsignificant categorical industrial user as described in § 403.3(v)(2); (b) the facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information. ______";
C. The industrial user never discharges any untreated concentrated wastewater.
60:100 § 64-2 PEDDLING AND SOLICITING § 64-2
OIL AND GREASE — The result of the Hexane Extractible Materials Test, EPA Method 1664, or an equivalent method approved by EPA. PASS-THROUGH — A discharge which exits the WVSA treatment plant into the receiving stream in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes or contributes, or threatens to cause or contribute to a violation of any requirement of the WVSA's NPDES permit, including an increase in the magnitude or duration of a violation. PERSON — Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. pH — The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions. POLLUTION — The alteration of the thermal, chemical, physical, biological, or radiological integrity of, or the contamination of, any water to the extent that the water is rendered harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or that impairs the usefulness of the public enjoyment of that water. The violation of any water quality standard or criterion established by the PADEP through regulation, rule, permit or order shall be pollution. PRETREATMENT or TREATMENT — The reduction by physical, chemical, or biological means, of the amount or rate of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge, except by means prohibited by 40 CFR 403.6(d). PRETREATMENT REQUIREMENT — Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, which is imposed on an industrial user. PRETREATMENT STANDARDS — National Categorical Pretreatment Standards and National Prohibited Standards as stated at 40 CFR 403.5, and local limits developed to implement the National Prohibited Standards. PROHIBITED WASTE — Any waste which is totally restricted from discharge into the sanitary sewer system by this Part 1. SANITARY SEWER SYSTEM or SEWER SYSTEM — All of the property involved in the operation of a sanitary sewer collection and treatment facility, including but not limited to land, wastewater lines, appurtenances, pumping stations, metering chambers, and the wastewater treatment plant, whether owned by the municipality, the WVSA, or any other person. SHALL versus MAY — Shall is mandatory, may is permissive. SIGNIFICANT INDUSTRIAL USER — Any user, not classified as a nonignificant industrial user by the WVSA that: A. Is subject to National Categorical Pretreatment Standards; or
60:101 § 64-2 DALLAS CODE § 64-2
B. Discharges an average flow of 25,000 gallons or more per day of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or C. Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the WVSA's treatment plant; or D. Is designated as such by the WVSA on the basis that the user has a reasonable potential for adversely affecting the WVSA's operation or for violating any pretreatment standard or requirement. SIGNIFICANT NONCOMPLIANCE — As defined in § 64-42 of this Part 1. SLUG DISCHARGE — Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge which has reasonable potential to cause interference or pass- through or in any other way violate the provisions of this Part 1, any industrial wastewater discharge permit, or any provision of the WVSA rules and regulations. STANDARD INDUSTRIAL CLASSIFICATION (SIC) — A classification pursuant to the Standard industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. STATE — The Commonwealth of Pennsylvania. STORMWATER — Any flow occurring during or following any form of natural precipitation and resulting therefrom. SURCHARGE — An additional service charge levied against any person for discharging wastewater into the sanitary sewer system that requires additional handling, treatment, disposal, or other costs. SUSPENDED SOLIDS — The total suspended matter that floats on the surface of, or is suspended in, water, and which is removable by filtration. TOXIC POLLUTANT or PRIORITY POLLUTANT — pollutants designated by EPA under provision of Section 307(a) of the Act, as listed on Tables II and III of Appendix D of 40 CFR 122. USER — Any person who contributes, causes or permits the contribution of wastewater into the WVSA. WASTE or WASTEWATER — Domestic sewage, industrial wastewater, and any other wastes or waterborne matter discharged, deposited or released by any person. WASTEWATER TREATMENT PLANT or TREATMENT PLANT — The facilities owned and operated by the WVSA for the treatment and disposal of wastewater. WVSA FACILITIES — All facilities owned, maintained, or operated by the WVSA, including the treatment plant, interceptor sewers, pumping stations, and other such facilities.
60:102 § 64-2 PEDDLING AND SOLICITING § 64-2
WYOMING VALLEY SANITARY AUTHORITY or WVSA — A municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania, under the Municipal Authorities Act of 1945, as amended, with which the municipality has a service agreement providing for the collection and treatment of wastewater flowing from the sanitary sewer system of the municipality. The principal place of business of the WVSA is located at 1000 Wilkes-Barre Street, Wilkes-Barre, PA 18711.
60:103
§ 64-3 PEDDLING AND SOLICITING § 64-3
ARTICLE II Discharge Regulations
§ 64-3. General prohibitions. A. No person shall discharge, release, place, or allow to be placed any wastewater of any nature into any stream, storm sewer, waterway or any other place within the municipality other than the sanitary sewers. B. No user shall contribute, cause, or allow to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system or the WVSA facilities. These general prohibitions apply to all users of the sewer system whether or not the user is subject to any pretreatment standards or requirements or any other federal, state, or local pretreatment standards or requirements. A user shall not contribute the following substances to the sanitary sewer system or the WVSA's facilities: (1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with any other substance to cause fire or explosion or be injurious in any other way to the WVSA or to the operation of the WVSA's treatment plant. Discharges prohibited under this section shall include, but not be limited to, wastestreams with a closed cup flashpoint of less than 140° or 60° using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or any point in the system) be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which cause or contribute to a fire hazard or a hazard to the sewer system in the quantities or concentrations discharged. (2) Any wastewater having a pH value less than 6.0 or greater than 11.5 in any grab sample, or a wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel. (3) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags; spent grains, spent hops, waste paper, wood, plastic, gas, tar, asphalt residues, mud, or glass grinding or polishing wastes.
60:105 § 64-3 DALLAS CODE § 64-3
(4) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the sewer system. In no case shall a discharge have a flow rate or contain a concentration of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four- hour flow or concentration of pollutants during normal operation. Notwithstanding the criteria above, any slug discharge shall be prohibited. (5) Any wastewater having a temperature which will inhibit biological activity in the WVSA treatment plant resulting in interference, but in no case any wastewater with a temperature at the introduction into the WVSA facilities which exceeds 40° C. (104° F). (6) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with any wastewater treatment process, which will cause pass-through or interference, or exceed the limitation set forth in a National Categorical Pretreatment Standard or local limit. (7) Any discharge which may result in the presence of toxic gases, vapors, or fumes within the treatment system in a quantity that may cause acute worker health and safety problems or is sufficient to create a public nuisance or hazard. (8) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through. (9) Any trucked or hauled pollutants, except at discharge points designated by the WVSA. (10)Any substance which may cause the WVSA treatment plant's effluent or any other product of the WVSA such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation or disposal process. In no case shall a substance discharged to the WVSA's facilities cause the WVSA to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act,29 the Clean Air Act,30 the Toxic Substances Control Act,31 or state criteria applicable to the sludge management or disposal method being used. (11)Any substance which will cause or contribute to a violation of the WVSA's NPDES permit or cause interference or pass-through, as established by the local limits adopted by the WVSA.
29.Editor's Note: See 42 U.S.C. § 6901 et seq. 30.Editor's Note: See 42 U.S.C. § 7401 et seq. 31.Editor's Note: See 15 U.S.C. § 2606 et seq. 60:106 § 64-3 PEDDLING AND SOLICITING § 64-7
(12)Any wastewater with color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions such as would cause or contribute to pass-through or interference. (13)Any wastewater containing any radioactive wastes or isotopes by such half-life or concentration as may exceed limits established by the Executive Director in compliance with applicable state or federal regulations. (14)Any substance which causes a hazard to human life or creates a public nuisance. C. When a local limit has been developed to implement any of the above prohibited waste standards, compliance with the local limit shall be deemed compliance with the prohibited waste standard unless the user has reason to know that the discharge, notwithstanding the local limit, has a reasonable potential to cause interference or pass-through.
§ 64-4. National categorical limits override. Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial category or subcategory, the national standards, if more stringent than limitations imposed under this Part 1 for sources in that subcategory, shall immediately supersede the limitations imposed under this Part 1. The Executive Director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. However, failure to notify a categorical user of the applicable regulations shall not act to excuse any such user from its duty to comply with applicable law.
§ 64-5. Prohibition on pass-through and interference. No user shall contribute or cause to be contributed any discharge which by nature shall cause an upset in the performance of the WVSA's treatment system or pass-through or interference such that the WVSA will violate or will be in danger of violating any provision of its NPDES permit or applicable state or federal regulations.
§ 64-6. Local limits and local equivalent categorical limits. A. The WVSA will develop local limits as set forth in 40 CFR 403.5, and such other local limits as it deems advisable for the safe, efficient and reliable operation of the sewer system and the WVSA facilities. Local limits shall be applicable to such users as WVSA shall designate, including but not limited to all industrial users. B. WVSA may develop equivalent mass limits or equivalent concentration limits to implement categorical pretreatment standards when requested by a categorical industrial user, pursuant to the provisions at 40 CFR 403.6(c)(5) and (6).
60:107 § 64-7 DALLAS CODE § 64-10
§ 64-7. State requirements. State requirements and limitations on wastewater indirect discharge shall apply in any case where they are more stringent than federal and/or local requirements and limitations, or those in this Part 1.
§ 64-8. Municipality's right of revision. The municipality reserves the right to establish more stringent limitations or requirements on discharges to the sewer system if deemed necessary to comply with the objectives presented in § 64-1 of this Part 1.
§ 64-9. Excessive dilution. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any pollutant-specific limitations developed by the WVSA or the commonwealth; provided, however, that dilution may be an acceptable means of complying with certain of the prohibitions set forth in § 64-3, e.g. the pH and temperature prohibitions, if such dilution is authorized by an industrial wastewater discharge permit.
§ 64-10. Prohibition on discharge of stormwater and cooling water. No user shall discharge any stormwater, including but not limited to basement or foundation drainage, or any uncontaminated cooling water into the sanitary sewer system, provided that such discharges are allowable into those portions of the sewer system (if any) that are designated combined sewers by the municipality. When, upon application to do so, the direct discharge of uncontaminated cooling water has been prohibited by the PADEP, the municipality and WVSA may permit such a discharge into the sanitary sewer system upon application by the user to do so.
60:108 § 64-11 PEDDLING AND SOLICITING § 64-13
ARTICLE III Fees
§ 64-11. Purpose. The purpose of this section is to provide for the recovery of costs from users of the WVSA's facilities for the implementation of the discharge control program established herein. In consideration of the service provided by WVSA and as provided in the service agreement, WVSA is hereby authorized to collect from users within the municipality all such charges or fees as shall be set forth in the WVSA's schedule of charges and fees.
§ 64-12. Charges and fees. A. The municipality and/or the WVSA may adopt charges and fees which may include: (1) Fees for reimbursement of clerical, labor, and overhead costs of administering and operating the WVSA's pretreatment program; (2) Fees for monitoring, inspections and sampling of industrial users, including any extraordinary costs incurred for response costs or to ensure compliance by a noncompliant user; (3) Fees for reviewing slug discharge control and spill prevention procedures, pretreatment plans, and plans for grease and sediment interceptors; (4) Fees for response to accidental or slug discharges; (5) Fees for permit applications; (6) Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards as provided by 40 CFR Section 403.7; (7) Fees and surcharges for removal of pollutants such as BOD, TSS, oil and grease, phosphorus, or nitrogen discharged in amounts greater than those found in domestic sewage; (8) Other fees as the municipality and/or the WVSA may deem necessary to carry out the requirements contained herein. B. These fees relate solely to the matters covered by this Part 1 and are separate from all other fees chargeable by the municipality and WVSA.
§ 64-13. Surcharges. A. The WVSA may require payment of a surcharge by any user who discharges wastewater of higher than normal concentration or loading of any substance, which results in additional treatment costs to the WVSA. Such surcharges shall be in addition to the regular sewer rent set forth in the rules and regulations of the WVSA.
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B. Surcharges shall be established by the WVSA in its duly adopted rules and regulations.
60:110 § 64-14 PEDDLING AND SOLICITING § 64-16
ARTICLE IV Pretreatment Requirements for Industrial Users
§ 64-14. Pretreatment requirement. A. Any user generating wastewater of a character prohibited from discharge into the sanitary sewer system under § 64-3 of this Part 1 shall provide for pretreatment of the wastewater as necessary to attain the standards established by this Part 1 and the rules and regulations of the WVSA. The municipality may, at its sole discretion and in conformance with the provisions of Act 537, permit the installation of holding tanks for wastes which are not amenable to pretreatment upon application by a user. The installation, operation, and maintenance of holding tanks shall be as prescribed by the municipality as a condition of its approval. B. Grease traps or sediment traps shall be provided for the proper handling of waste containing grease, sand or sediment, in amounts above the limits provided herein. All traps shall meet the standards prescribed in § 64-22. C. Storage, handling, disposal, and transportation of materials removed from pretreatment facilities, grease traps or sediment traps shall be accomplished according to all applicable federal, state, and local regulations that pertain to the type and/or class of waste generated. D. Any facilities required to pretreat wastewater to a level acceptable to the WVSA shall be provided, operated and maintained at the user's expense.
§ 64-15. WVSA approval for pretreatment. A. Detailed plans showing the pretreatment facilities and documentation of operating procedures shall be submitted to the WVSA for review and shall be acceptable to the WVSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of constructing, operating, or modifying the facility as necessary to produce an effluent acceptable to the WVSA under the provisions of this Part 1. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the WVSA prior to the user's initiation of the changes. B. In addition to approval of WVSA, a building permit may be required by the municipality, and the provisions of this Part 1 shall not supersede any requirements of the building code applicable to the user's facilities.
§ 64-16. Permit requirement. A. It shall be unlawful to discharge to the sanitary sewer system of the municipality any wastewater of any kind except as authorized by this Part 1 or the rules and regulations of the WVSA, as amended.
60:111 § 64-16 DALLAS CODE § 64-17
B. All nondomestic users proposing to connect to or to contribute to the sewer system shall notify the WVSA of such intent prior to connection or prior to the commencement of discharge if the connection point already exists. C. Industrial users shall apply for and obtain an industrial wastewater discharge permit from the WVSA before connecting to or discharging industrial wastewater to the sewer system. Other nondomestic users may be required to apply for and obtain a permit to discharge wastewater other than domestic sewage by the WVSA as provided in its rules and regulations. D. WVSA may, at its discretion and in conformance with the provisions of 40 CFR 403.8(f)(1)(iii)(A), develop and issue general permits for certain classes of nondomestic user.
§ 64-17. Industrial wastewater discharge permit provisions. A. Industrial wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the WVSA during the term of the permit as limitations or requirements as identified in § 64-2 are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit itself shall include a reasonable time schedule for compliance, as determined by the WVSA. B. Industrial wastewater discharge permits are issued to a specific user for a specific operation and type of discharge. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the WVSA. If approval is granted by the WVSA, any succeeding owner or user shall also comply with the terms and conditions of the existing permit. C. Permits shall contain such terms and conditions as the WVSA shall determine as expressed in its rules and regulations. Permits may include the following: (1) Effluent limits and best management practices based on National Categorical Pretreatment Standards, local limits, or other applicable discharge standards; (2) Specifications for monitoring programs which include sampling locations, frequency of sampling, types and standards for tests (including the requirement that all sampling be representative of the discharge) and reporting schedules;
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(3) Compliance schedules; (4) Requirements for submission at specified times to the WVSA of technical reports, laboratory analysis reports, or discharge reports; (5) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the WVSA, and affording WVSA access thereto at reasonable times for examination and copying; (6) Requirements for notification of the WVSA or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; (7) Requirements for installation and maintenance of inspection and sampling facilities; (8) Requirements for notification of slug discharges as per § 64-28; (9) Other conditions as deemed appropriate by the WVSA to ensure compliance with this Part 1 and the WVSA rules and regulations; (10)Notice of applicable civil and criminal penalties for violation of pretreatment standards and requirements or other provisions of this Part 1, the permit, or the rules and regulations of WVSA; and (11)A schedule of user charges and fees for the wastewater to be discharged into the sanitary sewer system.
§ 64-18. Permit application process. A. All industrial users shall submit to the WVSA an industrial wastewater discharge questionnaire containing information as set forth in this Part 1 or required by the rules and regulations of the WVSA. Other nondomestic users may be requested to submit information at the discretion of WVSA upon review of the notice required by § 64-16B of this Part 1.
B. Users required to obtain an industrial wastewater discharge permit shall be so notified by the WVSA and shall timely complete and file with the WVSA an application in the form prescribed by the WVSA, and accompanied by the appropriate fee. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information, as required by WVSA: (1) Name, address, and location (if different from the address); (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (3) Wastewater constituents and characteristics, including but not limited to those mentioned in Article II of this Part 1 as determined
60:113 § 64-18 DALLAS CODE § 64-18
by an accredited analytical laboratory; sampling and analysis shall be performed in accordance with procedures contained in 40 CFR 136, as amended; (4) Time and duration of discharge; (5) Average daily wastewater flow rates, short-term peaks or batch discharge rates, and daily, monthly and seasonal variations, if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (7) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; (8) Material safety data sheets (MSDS) for all chemicals used on site; (9) Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment facilities are required for the user to meet applicable pretreatment standards; (10)If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule: (a) The schedule shall contain increments of progress in the form of milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.) (b) No increment referred to in Subsection B(10)(a) shall exceed nine months. (c) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Executive Director, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return
60:114 § 64-18 PEDDLING AND SOLICITING § 64-20
the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Executive Director. (11)Each product produced by type, amount, process or processes and rate of production; (12)Type and amount of raw materials processed (average and maximum per day); (13)Number of employees per shift, hours of operation of plant and proposed or actual hours of operation of pretreatment system; (14)Any other information as may be deemed by the WVSA to be necessary to evaluate the permit application. C. The WVSA will evaluate the data furnished by the user and may require additional information. After evaluation of the data furnished, the WVSA may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.
§ 64-19. Modification of permit. Within three months of the promulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a newly promulgated National Categorical Pretreatment Standard had not previously submitted an application for an industrial wastewater discharge permit as required by § 64-16, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Executive Director, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by § 64-18B(9) and (10).
§ 64-20. Classifications of dischargers. A. Following review of a report submitted under § 64-16 of this Part 1, each nondomestic user shall be placed into the appropriate classification of discharger. Said classifications are defined as follows: (1) A significant industrial user shall be a Class I user. (2) A Class II user shall include nonsignificant categorical industrial users and any nondomestic user that discharges any wastes other than domestic sewage to the sanitary sewer system in amounts that on a routine basis are determined by the WVSA not to have a significant impact on the treatment system, but may present a potential to impact on the treatment system, such as, but not limited to, users with oil and grease or settleable solids discharges
60:115 § 64-20 DALLAS CODE § 64-23
that may present a potential to cause sewer obstructions, and those that have the potential to have slug discharges or chemical spills. (3) A Class III user shall be any nondomestic user who discharges only domestic sewage or has a dry process, or is considered to have insignificant impact on the treatment system. (4) A Class IV or commercial user shall be any nondomestic user who discharges industrial wastewater of the nature produced by facilities such as vehicle wash facilities, vehicle maintenance shops, fluid change facilities, steam-cleaning facilities, restaurants, lounges, etc. B. For the purpose of the permit process, all Class I users shall be required to obtain an industrial wastewater discharge permit from the WVSA. Class II, Class III and Class IV users may be required to obtain a permit, as determined by the WVSA.
C. Whether a user is required to obtain a permit or not, it may be required to install such facilities as the WVSA or municipality deems necessary to comply with the provisions of this Part 1.
§ 64-21. Grease and sediment traps for Class II and IV users. Class II and IV users that discharge or have the potential to discharge significant quantities of oil and grease or sediment, as determined by the WVSA, shall install and properly operate and maintain a grease trap or sediment trap (or both when necessary) satisfactory to the WVSA as required by its rules and regulations. Proper operation and maintenance of grease and sediment traps includes, but is not limited to, removal of accumulated grease or sediment on a routine basis and maintenance of documentation of such activity pursuant to § 64-28. Failure to timely install, or to properly operate or maintain a grease or sediment trap required by this Part 1 shall be a violation of this Part 1 and may result in the rescission or suspension of the right to discharge wastewater to the sewer system, whether or not a permit has been issued by the WVSA.
§ 64-22. Standard designs. Users required or choosing to install grease traps or sediment traps shall apply to the WVSA for a list of standard construction design criteria as prepared by and available through the WVSA's Engineering Department in accordance with current pretreatment design requirements. Users may deviate from standard construction design criteria only with permission of the Executive Director.
§ 64-23. Inspection. The municipality and the WVSA may inspect the facilities of any nondomestic user to ascertain whether the purpose of this Part 1 is being met and all requirements are being complied with. Persons or occupants
60:116 § 64-23 PEDDLING AND SOLICITING § 64-25 of premises where wastewater other than domestic sewage is created or discharged shall allow representatives of the municipality and WVSA ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying, or in the performance of any of their duties. The municipality, WVSA, PADEP and/or the EPA shall have the right to set up on the nondomestic user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, representatives of the municipality, WVSA, PADEP and/or the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
§ 64-24. Operation and maintenance of pretreatment facilities. A. It shall be the responsibility of the industrial user to maintain its pretreatment facility in a working order to provide consistent compliance with the limitations set forth in the industrial wastewater discharge permit and/or the rules and regulations of the WVSA. Operation of the pretreatment system shall be undertaken by the user according to the prescribed methods of the manufacturer as approved by the WVSA, to provide consistent compliance with the limitations set forth in this Part 1, the industrial wastewater discharge permit and the rules and regulations of the WVSA. The user shall be required to maintain documentation reflecting operations and maintenance of all pretreatment facilities. B. If required by the WVSA, a user shall develop and implement a slug control plan containing the elements itemized at 40 CFR 403.8(f)(2)(vi). The slug control plan shall be submitted to the WVSA for review and approval before implementation. C. Any user required to install and operate a grease trap or sediment trap shall maintain the equipment in working order to provide consistent compliance with the limitations set forth in any permit issued by the WVSA and/or the rules and regulations of the WVSA. Operation of the trap shall be undertaken by the user according to the prescribed methods of the manufacturer as approved by the WVSA, to provide consistent compliance with the limitations set forth in this Part 1, any permit and the rules and regulations of the WVSA. The user shall be required to maintain documentation reflecting operations and maintenance of all grease and sediment traps for a period of three years or for such period of time as may be required by any permit.
§ 64-25. Flow measurement. The volume of flow used in computing loadings or surcharges shall be based on the total water consumption data as obtained from the permittee or the
60:117 § 64-25 DALLAS CODE § 64-27 records of the local water utility. If a user has a substantial portion of the metered water that does not reach the sanitary sewer system, the user may, at its own expense, and with approval from the Executive Director, install a separate flow-metering device to measure the actual discharge into the sanitary system. If the actual flow to the sanitary system is measured, the equipment used for the measurement of the flow must be maintained in proper working order at all times. A separate written record of calibration and maintenance must be kept for the flow-metering device and made readily available for inspection by the WVSA.
§ 64-26. WVSA monitoring. The WVSA may conduct periodic monitoring of the following types: A. Scheduled or unscheduled sampling and inspections of the user's facilities and records shall be conducted at all Class I users at least once each year. B. Additional sampling or inspections may be conducted whenever the WVSA determines a need to investigate the discharges of a user. C. Demand sampling and inspections may be performed in response to a complaint or an unusual or emergency situation, such as when the WVSA determines a change in the normal discharge characteristics of the user's wastewater flow, if a violation was detected during sampling or self-monitoring under § 64-26, if problems that may be attributable to the user's discharge occur in the sewer system or WVSA facilities, or if a complaint or report of noncompliance is received by the municipality or WVSA. D. If the WVSA performs routine compliance sampling of a user in lieu of the self-monitoring provisions of § 64-26, the WVSA shall be subject to the repeat sampling requirement of § 64-26B in the case that a violation of any pretreatment standard or requirement is detected. E. All discharge sampling and analyses conducted by WVSA shall be in accordance with the sampling and analysis requirements for user self- monitoring in § 64-27.
§ 64-27. User self-monitoring. A. Users subject to an industrial wastewater discharge permit may be required, at the user's expense, to conduct sampling and analyses of their wastewater on a periodic schedule as established by the permit. Should the results of said analyses indicate a violation of any provision of the user's permit, the user must: (1) Report the violation to the WVSA within 24 hours of becoming aware of the violation; and (2) Repeat the sampling and analysis within 30 days of becoming aware of the violation and report the results to the WVSA.
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B. The resampling is not required if: (1) The WVSA conducts monthly sampling; or (2) The WVSA conducted compliance sampling between the time when the initial sample was collected and when the laboratory results were received. C. All wastewater sampling shall be representative of the indirect discharge. Unless otherwise specified in the wastewater discharge permit (and documented in the WVSA files), all samples shall be collected as flow-proportional composite samples over a twenty-four- hour period, except for samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds which shall be obtained as grab samples. Grab samples for cyanide, total phenols and sulfides may be obtained as multiple grab samples and composited in the field or the laboratory before analysis; grab samples for oil and grease and volatile organic compounds may be obtained as multiple grab samples and composited in the laboratory before analysis. For constituents required to be collected as grab samples, the permit shall specify the number of grab samples required for each representative analysis. D. Unless otherwise specified in a permit, all sampling, sample preservation, and laboratory analyses shall be according to the requirements in 40 CFR 136.
§ 64-28. User reporting and recordkeeping. A. All users subject to an industrial wastewater discharge permit shall be required to submit such reports as required by 40 CFR 403.12 or the industrial wastewater discharge permit. Said reports include: (1) Baseline monitoring reports for all categorical industrial users, as provided by 40 CFR 403.12(b); sampling shall be as provided at 40 CFR 403.12(g)(4), and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available; (2) Compliance schedule reports as required by 40 CFR 403.12(b)(7) and (c); (3) Ninety-day compliance reports for categorical industrial users, as provided by 40 CFR 403.12(d); sampling shall be as provided at 40 CFR 403.12(g)(4), and shall include a minimum of four grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist, and a number as established by WVSA for facilities for which historical sampling data are available;
60:119 § 64-28 DALLAS CODE § 64-29
(4) Periodic reports on continued compliance as scheduled in accordance with the user's industrial wastewater discharge permit and § 64-27 of this Part 1; (5) Immediate notice to the WVSA of any discharge that constitutes a slug discharge; (6) Immediate notice to the WVSA of any change in the user's facility that could affect the potential to have a slug discharge; (7) Notification of any planned changes or modifications to the volume or character of the industrial wastewater discharge, including any changes to listed or characteristic hazardous waste discharges reported under § 64-29 of this Part 1; (8) Sampling results and resampling reports as required by § 64-27 of this Part 1. B. Every significant industrial user and any nondomestic user which is required, by permit or by request of the WVSA, to institute any monitoring, BMP, sampling, grease or sediment removal, or any other activity which will produce a record (such as flow meter or pH recorder charts, laboratory results, or hauled waste records) shall retain all such records for a period of at least three years. All sampling records of significant industrial users shall include the information as set forth at 40 CFR 403.12(o). C. All records relating to compliance with, pretreatment standards shall be made available to officials of the approval authority upon request. The reports and other documents required to be submitted or maintained under this section may be subject to the provisions of § 309(c)(4) of the Clean Water Act, as amended, and 18 Pa.C.S.A. § 4904, as amended, governing false statements, representations, or certifications.
§ 64-29. Reporting of hazardous waste discharge. A. All industrial users shall be required, in accordance with 40 CFR 403.12(p), to report the discharge into the sanitary sewer system of any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR 261. Said notification shall be in writing to the WVSA, the EPA Regional Waste Management Division Director, and the PADEP hazardous waste authorities, and shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (batch, continuous, or other). B. If the user discharges more than 100 kilograms of such waste per calendar month to the WVSA, the notification shall also contain the following:
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(1) An identification of the hazardous constituents contained in the wastes; (2) An estimation of the mass and concentration of such constituents in the wastestream to be discharged in that calendar month; (3) An estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months. C. All notifications must take place within 180 days of the first discharge of said hazardous waste. Any notification under this section needs to be submitted only once for each hazardous waste discharged, provided that any planned change in the volume or character of the hazardous waste discharge must be reported as provided in § 64-27 of this Part 1. The notification requirement does not apply to pollutants already reported under the self-monitoring requirements of this Part 1.
D. In the case of any notification made under this section, the user shall certify that it has in place a program to reduce the volume and toxicity of hazardous wastes generated.
§ 64-30. Signatory responsibility. A. All required reports submitted by a user must be signed by an authorized representative, as defined by 40 CFR 403.12(1) to be: (1) A principal executive officer of at least the level of vice president if the user is a corporation; (2) A manager of one or more manufacturing, production or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the manufacturing facility and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure; (3) A general partner or proprietor if the user is a partnership or sole proprietorship, respectively; (4) A duly authorized representative of the individual designated Subsection A(1), (2) or (3) above if the authorization is made in writing by the person designated in Subsection A(1), (2) or (3), the authorization specifies either the individual or a position having responsibility for the overall operation of the facility from which the discharge originates; and the authorization is submitted to the WVSA. B. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to federal pretreatment regulations and/or this Part 1, or who falsifies, tampers
60:121 § 64-30 DALLAS CODE § 64-32
with, or knowingly renders inaccurate any monitoring device or method required under federal pretreatment regulations or this Part 1, shall be subject to the civil and criminal penalties as set forth at 40 CFR 403.12(n) governing false statements, representations or certifications in reports required under the Act, as well as 18 Pa.C.S.A. § 4904, as amended, and other applicable state law.
§ 64-31. Monitoring location. A. The WVSA may require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems from which a discharge flows into the sewer system. The monitoring facility should normally be situated on the user's premises, but the municipality may, upon application by the user and when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. B. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user. C. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the WVSA's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification of approval of the plans by the WVSA or within such other time as may be authorized by the WVSA.
§ 64-32. Classified information. A. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the WVSA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Part 1, the National pollutant discharge Elimination System (NPDES) permit, and the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings
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involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information. C. Information accepted by the WVSA as confidential shall not be transmitted to the general public by the WVSA until and unless a ten-day notification is given to the user. Information accepted as confidential by the WVSA shall be made available to governmental agencies. If requested by the user, the EPA and PADEP will treat the submitted information as confidential to the extent provided in 40 CFR, Part 2.
§ 64-33. Accidental discharges. A. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 1. Facilities to prevent accidental discharge of prohibited materials and to mitigate, reduce, and contain any such discharge shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the WVSA for review, and shall be approved by the WVSA before construction of the facility. No user who commences discharge of industrial wastewater to the sanitary sewer system after the effective date of this Part 1 shall be permitted to introduce pollutants into the system until accidental discharge protection, containment and countermeasure procedures have been approved by the WVSA. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this Part 1. B. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the WVSA of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective actions being taken. C. Within five days following an accidental discharge, the user shall submit to the Executive Director a detailed report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the WVSA, its facilities, or any other person or property; nor shall notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part 1 or other applicable law. Failure to notify the Executive Director of an accidental discharge shall constitute a separate and distinct violation of this Part 1. D. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Employers shall insure that all employees who may be present in an area where an accidental discharge may occur are advised of the emergency notification procedure as well as the
60:123 § 64-33 DALLAS CODE § 64-34
containment and countermeasures developed by the user to mitigate and control any such discharge.
§ 64-34. Emergency discharges. In the case of a nondomestic user that, for reasons of emergency maintenance, equipment failure, or other similar unforeseen event beyond the user's reasonable control, must discharge prohibited, high-strength, or other wastewater of unusual strength, character or volume, the user may apply to the Executive Director for an emergency discharge permit. The Executive Director may issue such a permit, on terms and conditions as he deems appropriate, upon his review of the information provided and in his sole discretion. No discharge of the unusual wastewater may be made until and unless an emergency discharge permit has been issued. An emergency discharge permit shall not be issued for longer than 30 days and may be renewed only after a new application has been made.
60:124 § 64-35 PEDDLING AND SOLICITING § 64-37
ARTICLE V Violations and Enforcement
§ 64-35. Notification of violation. Whenever the WVSA finds that any nondomestic user has violated or is violating this Part 1, the rules and regulations of the WVSA, its industrial wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the WVSA may serve upon such person a written notice of violation stating the nature of the violation. Within 30 days of the date of the notice, or within such other reasonable time as the Executive Director shall state, a plan for the satisfactory correction thereof shall be submitted to the WVSA by the user.
§ 64-36. Show-cause hearing. A. The WVSA may notify any user who is in violation of this Part 1, an industrial wastewater discharge permit, or the rules and regulations of the WVSA, to show cause before the WVSA Board of Directors (or such other adjudicative body as the WVSA shall select) why a proposed enforcement action should not be taken. The notice shall be served on the user specifying the time and place of a hearing to be held by the WVSA regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the WVSA why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. B. A show-cause hearing is not subject to the requirements of the Local Agency Law, 2 Pa. C.S.A. § 551 et seq., but may be conducted as provided in that statute at the discretion of the WVSA Board or adjudicative body. C. Within a reasonable time after the conclusion of a show-cause hearing, the Board of Directors (or adjudicative body) shall issue an opinion regarding the alleged violation and any enforcement action which it believes is appropriate. The WVSA may then proceed to undertake the recommended enforcement action, if any.
§ 64-37. Other legal action. A. If any person discharges sewage, industrial wastewater or other wastes into the sanitary sewer system contrary to the provisions of this Part 1, federal or state pretreatment requirements, the WVSA rules and regulations, or any permit issued by the WVSA, the Municipal Solicitor may commence an action for appropriate legal and/or equitable relief in the courts. When the WVSA determines the need for legal action, said action shall be undertaken by the municipality within 30 days of notification by the WVSA.
60:125 § 64-37 DALLAS CODE § 64-39
B. In the alternative, for purposes of enforcement of this Part 1 and the pretreatment program, the municipality hereby appoints the Wyoming Valley Sanitary Authority as its agent and authorizes the WVSA, or its duly appointed agents and employees, to undertake any legal action in the name of the municipality, including but not limited to the filing of a civil complaint in the Court of Common Pleas of Luzerne County. In the case that the WVSA acts in the name of the municipality, the municipality shall cooperate with and support the WVSA in the prosecution of any civil action as may be necessary.
§ 64-38. Revocation or suspension of permit. A. Any user who violates the following conditions of this Part 1, applicable state or federal regulations, or an industrial wastewater discharge permit is subject to having its industrial wastewater discharge permit revoked or suspended in accordance with the procedures of this section: (1) Failure of a user to factually and accurately report the wastewater constituents and characteristics of its discharge; (2) Failure of the user to report significant changes in operations, or changes in industrial wastewater constituents and characteristics, including but not limited to changes in facilities related to the control of slug discharges as required by § 64-28A(6); (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or (4) Violation of any condition of the industrial wastewater discharge permit. B. Upon notice of suspension or revocation of an industrial wastewater discharge permit, the user shall immediately cease the discharge of industrial wastewater to the sewer system. Any discharge of industrial wastewater to the sewer system after notice of revocation or suspension shall be a violation of this Part 1 and subject to the penalties provided herein. In the case of a suspension, the permit shall be reinstated upon a showing that the user has corrected the condition for which the suspension was imposed. In the case of a revocation, the user may only receive a new permit by going through the application process as stated in § 64-18 of this Part 1.
§ 64-39. Suspension of sewer service. A. The municipality and/or the WVSA may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the WVSA, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference or pass-through at the WVSA's treatment plant or causes
60:126 § 64-39 PEDDLING AND SOLICITING § 64-42
the WVSA or municipality to violate or be in danger of violating any condition of an NPDES permit or state-issued water quality management permit. B. Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the municipality may, and the WVSA is authorized to, take such steps as deemed necessary, including immediate severance or obstruction of the sewer connection from the user's property, to prevent or minimize damage to the sewer system or the WVSA facilities or endangerment to any individuals. The WVSA or the municipality shall reinstate the wastewater treatment service only upon satisfactory proof of elimination of the noncomplying discharge. All costs associated with the severance and/or reconnection of a sewer shall be incurred by the user.
§ 64-40. Civil penalties. A. Any user who is found to have violated any provision of this Part 1, the rules and regulations of the WVSA, as amended, or any regulations or permits issued by the WVSA or the municipality shall be subject to a civil penalty of not less than $100 nor more than $1,000 per each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation. B. The municipality recognizes that the WVSA has independent civil penalty authority under the provisions of the Publicly Owned Treatment Works Penalty Law (Act 9 of 1992, 35 P.S. § 752.1 et seq.). Any violation of this Part 1 shall constitute a violation of the WVSA's EPA-approved industrial pretreatment program and subject an industrial user to the penalties provided thereunder. Should the WVSA choose to assess a civil penalty under its independent authority against a user who violates any provision of this Part 1, the municipality shall cooperate to the extent necessary to aid the WVSA in such an action. C. In addition to the civil penalties provided herein, the municipality and/ or the WVSA may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part 1, the WVSA rules and regulations, or any permit issued hereunder.
§ 64-41. Right of appeal. Any user subject to an enforcement action or issuance or denial of an industrial wastewater discharge permit under this Part 1 may file an appeal with the WVSA within 15 days of receipt of the notice of the enforcement action or permit issuance, revision, or denial. Said appeal shall be conducted by the WVSA as provided in the Local Agency Law, 2 Pa. C.S.A. § 551 et seq.
60:127 § 64-42 DALLAS CODE § 64-42.1
§ 64-42. Public notification. A. The WVSA shall annually publish, in a local newspaper of general circulation, a list of the significant industrial users which were in significant noncompliance with the pretreatment standards and requirements contained herein at least once during the previous calendar year. Significant noncompliance shall include any of the following: (1) Chronic violations, defined as those in which 66% or more of all measurements taken for the same pollutant parameter during a six- month period are in excess of an applicable numeric pretreatment standard or requirement, including instantaneous maximum limits; (2) Technical review criteria (TRC) violations, defined as those in which 33% or more of all measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC. TRC is 1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH; (3) Any other violations of a pretreatment standard or requirement, including a narrative standard, which the WVSA determines has caused or contributed to interference or pass-through; (4) Any discharge that has caused imminent endangerment to human health and safety or the environment, or has resulted in the WVSA's exercise of its authority to halt or prevent such a discharge under § 64-38 or § 64-39 of this Part 1; (5) Failure to meet a compliance schedule milestone within 90 days of the schedule date; (6) Failure to provide, within 45 days after the due date, required reports as itemized in § 64-28 of this Part 1; (7) Failure to accurately report noncompliance; (8) Any other violation or groups of violations including a violation of a BMP imposed by a permit or implemented as part of a plan developed by the user and approved by the WVSA, which the WVSA determines to adversely affect the operation or implementation of its approved pretreatment program. B. The newspaper notice shall also summarize any enforcement actions taken against the user during the same time period.
§ 64-42.1. Cooperation. The municipality and the WVSA shall cooperate in all matters as they pertain to this Part 1. Neither the municipality nor the WVSA shall act in
60:128 § 64-42.1 PEDDLING AND SOLICITING § 64-42.1 any manner so as to compromise in any way the ability of the other party to administer this Part 1.
60:129
§ 64-43 PEDDLING AND SOLICITING § 64-45
Part 2 [AdoptedOn-Lot2-20-1996 DisposalBy Ord. Systems No. 1996-1]
ARTICLE VI Permit Regulations
§ 64-43. Title; statutory authority; purpose. A. This Part 2 shall be known as the "Dallas Township On-Lot Sewage Disposal System Permit Ordinance." B. This Part 2 is adopted pursuant to Section 7(a)(1) of the Pennsylvania Sewage Facilities Act, as amended [35 P.S. § 750.7(a)(1)]. C. The purpose of this Part 2 is to provide for the permitting of all on-lot sewage disposal systems within the Township in accordance with the standards and regulations of 25 Pa. Code Chapters 72 and 73, including those systems otherwise eligible for an exemption from the permitting requirements of the Act, as authorized by Section 7(a)(1) of the Act.
§ 64-44. Permit requirement. A. From and after the effective date of this Part 2, all persons proposing to install an on-lot sewage disposal system on any lot within the Township, including those persons proposing to install such a system on a lot 10 acres or larger and who are otherwise qualified for a permit exemption in accordance with the provisions of Section 7(a)(1) of the Act, shall apply to the Township for a permit for the installation of such system. B. No person shall install or commence construction of any on-lot sewage disposal system for which a permit is required until such permit has been issued by a Sewage Enforcement Officer employed by or contracted to the Township.
§ 64-45. Enforcement. A. Any person violating any of the provisions of this Part 2 shall be subject to the civil and criminal penalties authorized pursuant to Sections 13 and 13.1 of the Act, as amended.32 B. In addition to the penalties for noncompliance set forth in Subsection A above, it is further provided that all of the civil and equitable remedies set forth in Sections 12, 14 and 15 of the Act (35 P.S. §§ 750.12, 750.14 and 750.15), as amended, shall be applicable to violations of this Part 2.
32.Editor's Note: See 35 P.S. §§ 750.13 and 750.13a, respectively. 60:131
§ 64-46 PEDDLING AND SOLICITING § 64-48
Part 3 [Adopted 12-1-1970Sewer ConnectionBy Ord. No. 1970-6]
ARTICLE VII Connection Requirements
§ 64-46. Definitions. As used herein, the following terms shall have the meanings stated: OCCUPIED BUILDING — Each structure for continuous or periodic human occupancy from which sanitary sewage is or may be discharged, and includes, without limiting the generality of the foregoing, dwellings, flats, apartments, stores, shops, offices and business or industrial establishments. PERSON — Any individual, firm, company, association, society, partnership or corporation. PROPERTY ACCESSIBLE TO A PUBLIC SEWER — Property which adjoins, abuts on, or is adjacent to a public sewer or a street or highway in which a public sewer is located, but shall not include any property on which the principal occupied building is located more than 150 feet from a public sewer. PUBLIC SEWER — Facilities (including any part of, but not necessarily the entirety of a system of, such facilities) operated by a sewer authority for the collection of sanitary sewage within this municipality. Such term includes lateral lines from a street main to the curb or right-of-way line where such lateral lines are constructed by a sewer authority. SANITARY SEWAGE — The normal, water-carried household and toilet wastes resulting from human occupancy. SEWER AUTHORITY — The Dallas Area Municipal Authority or any other agency operating public sewers for or at the request of the governing body of the municipality.
§ 64-47. Completion of public sewers; notice. Upon the completion of any public sewer, the sewer authority charged with the operation thereof shall cause notice of that fact to be published once in a newspaper of general circulation in the municipality, such notice to state that owners of property accessible to such sewer and upon which there is an occupied building are compelled to make connection therewith pursuant to this Part 3. A copy of such notice, together with a copy of this Part 3 and any ordinance then in effect imposing sewer connection fees and sewer rents shall be mailed to each person known to the sewer authority to own property accessible to such sewer, but failure to mail such copies or defect in the mailed copies or defect in the mailing thereof shall not affect the validity of the notice.
§ 64-48. Sanitary facility connections to public sewers.
60:133 § 64-48 DALLAS CODE § 64-48
A. Any person owning property accessible to a public sewer on which there is an occupied building shall, at his own expense, install sanitary facilities in such building and connect the same to the public sewer within 60 days after publication of the notice of completion of the sewer specified in § 64-47. B. Any person owning property accessible to a public sewer on which an occupied building is hereafter erected shall, at the time of erection and at his expense, install sanitary facilities in such building and connect the same to the public sewer. C. Persons owning properties accessible to a public sewer on which there are occupied buildings more than 150 feet from such sewer and persons owning properties not accessible to a public sewer who are nevertheless able to arrange for connections thereto through intermediate properties shall be permitted to make such connection.
60:134 § 64-49 PEDDLING AND SOLICITING § 64-51
Part 4 [AdoptedSewer Laterals10-3-2017 And BySewerOrd. Connections No. 2017-3]
ARTICLE VIII Inspection
§ 64-49. Sale or transfer of lot or parcel. Prior to the sale or transfer of each lot or parcel of real property lying within the Township of Dallas, the sewer laterals and sewer connections in and on that real property shall be inspected and/or televised by the Township of Dallas, or its designated agent, at the owner's expense, to determine the condition of the sewer laterals and sewer connections. The owner of the real property subject to such sale shall notify the Township of Dallas, or its designated agent, at least 30 days prior to the proposed sale and transfer of the lot or parcel of real property and shall make all areas to be inspected and/or televised available to the Township of Dallas, or its designated agent, upon demand. If the Township of Dallas or its designated agent determines that the sewer laterals and/or sewer connections are in an unacceptable condition, the sewer laterals and sewer connections shall be repaired or replaced by the owner of the lot or parcel of real property at the owner's expense prior to the sale or transfer of ownership of the lot or parcel of said real property. The Township of Dallas, or by its designated agent, shall confirm by inspection and/or televising that the sewer laterals and sewer connections has/have been satisfactorily repaired or replaced.
§ 64-50. Designation of agent and delegation of powers. The Township of Dallas hereby designates Dallas Area Municipal Authority ("DAMA"), a Pennsylvania general municipal authority, as its agent to create, implement, conduct, and enforce a program for the inspection of sewer laterals and sewer connections, as provided herein. The basis of this designation of agency is that the Township of Dallas is a constituent member of DAMA, under the Articles of Incorporation of DAMA, and, further, DAMA has heretofore been designated by the Township of Dallas as its agent in the provision of all water quality management services and with the compliance with all terms and provisions of the Pennsylvania Sewage Facilities Act (Act 537) for which the Township of Dallas has primary statutory obligation and duty.
§ 64-51. Enforcement; violations and penalties. A. DAMA, the designated agent of the Township of Dallas hereunder, is hereby granted all powers and is duly authorized to do all things necessary to enforce the provisions of this Part 4 on behalf of the Township of Dallas. B. The penalty for a violation of any provision of this Part 4 shall be the commencement of an action brought before a District Justice having jurisdiction over the subject real property in the same manner provided
60:135 § 64-51 DALLAS CODE § 64-53
for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The solicitor of the municipality or its agent may assume charge of the prosecution without the consent of the Luzerne County District Attorney as required under Pennsylvania Rules of Criminal Procedure No. 83(c) in relation to the trial of summary offense cases in the enforcement of this artP 4. C. Any person or entity convicted of the offense of violating any provision of this Part 4 shall be subject to criminal fines not to exceed $1,000 per violation. D. This Part 4 may be enforced by the Township of Dallas, or by its designated agent, through an action in equity or law commenced in the Court of Common Pleas of Luzerne County.
§ 64-52. Savings clause. These provisions of the Township of Dallas for this Part 4, so far as they are the same as those ordinances and regulations enforced immediately prior to the adoption of this Part 4, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this Part 4 shall not affect any suit or prosecution instituted or to be instituted to enforce any prior ordinance or regulation, except as otherwise provided by law.
§ 64-53. Severability. It is hereby declared to be the intention of the Township of Dallas that the sections, paragraphs, clauses, and phrases of this Part 4 are severable. If any section, paragraph, clause, or phrase of this Part 4 is deemed or declared to be unconstitutional, illegal, or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining sections, paragraphs, clauses, or phrases of this Part 4.
60:136 § 64-53 SEX OFFENDERS § 64-53
Chapter 66
SEX OFFENDERS
66:137
§ 66-1 SEX OFFENDERS § 66-2
ARTICLE I Residency Restrictions [Adopted 6-19-2007 by Ord. No. 2-2007]
§ 66-1. Definitions. As used in this article, the following terms shall have the meanings indicated: CHILD-CARE FACILITY — Any day-care center, child-care facility or any other child-care service facility or home day-care facility for children, whether the facility is licensed pursuant to the laws of the Commonwealth of Pennsylvania or exempt from licensing or unlicensed. COMMON OPEN SPACE — The area of land and/or water restricted from future development for the purpose of protecting natural features or for providing recreational opportunities for residents of the Township of Dallas, which said open space is regulated, maintained and/or owned by the Township of Dallas. COMMUNITY CENTER — Any building(s) and all related facilities used for educational, social, cultural or recreational activities. LIBRARY — Any public or private library which provides services to a minor or minors. PUBLIC PARK OR RECREATIONAL FACILITY — Any recreational facility, playground or park, owned or operated by the Township of Dallas or any other governmental agency, including, but not limited to, any school district, the County of Luzerne or the Commonwealth of Pennsylvania. RESIDENCE — A "permanent residence" is a place where a person lives, lodges, resides, stays, dwells, or inhabits, or maintains his/her abode for 14 or more consecutive or nonconsecutive days during any calendar year. SCHOOL — Any public or private school which provides education services to a minor or minors. SEX OFFENDER — Any person over the age of 18 years of age who has been convicted of any crime against a minor identified in Megan's Law II, 18 Pa.C.S.A. § 9791 et seq., which includes, but is not limited to, kidnapping, luring a child into a motor vehicle, institutional sexual assault, indecent assault, incest, prostitution, receiving sexual materials, sexual abuse of children, unlawful contact with minors, sexual exploitation of children, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and individuals convicted of any attempt to commit any of the offenses enumerated therein.
§ 66-2. Residency restriction/prohibition. A. It shall be unlawful for any sex offender to establish a permanent or temporary residence within 1,000 feet of any school, library, child- care facility, common open space, community center, public park or recreational facility.
66:139 § 66-2 DALLAS CODE § 66-4
B. For the purpose of determining the distance, it shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the sex offender to the nearest outer property line of a school, library, child-care facility, common open space, community center, public park or recreational facilities.
§ 66-3. Notice to move. A. Upon the discovery of a violation of the residency restriction/ prohibition, the Dallas Township Police Department shall issue a written notice of violation by both regular mail and by certified mail, return receipt, to the sex offender. B. A sex offender who receives a notice of violation shall, within 45 days of receipt of the notice, move to a new residence that is not within 1,000 feet of any school, library, child-care facility, common open space, community center, park or recreational facility. C. The notice of violation shall be deemed to be received on the date reflected on the certified mail receipt, or if the certified mail is not accepted or signed for, then 15 days from the date of mailing the regular mail. D. Each day beyond the 45 days that a sex offender fails to move to a new residence that is in compliance with this article shall constitute a separate and continuing violation of this article.
§ 66-4. Exceptions. A. This article shall not apply to any person who lawfully established residence prior to the effective date hereof, unless such person is convicted of the crimes enumerated in Megan's Law II subsequent to the effective date of this article. If a sex offender is convicted of the crimes enumerated in Megan's Law II or becomes subject to the registration requirements of Megan's Law II subsequent to the effective date of this article, then this article shall become applicable to that sex offender upon the date the sex offender is convicted of the new offense(s). B. This article shall not be applicable to a sex offender who lawfully established residence prior to the establishment of a school, library, child-care facility, common open space, community center, public park or recreational facility within 1,000 feet of that person's permanent or temporary residence, unless that person is subsequently convicted of the crimes or subsequently subject to the registration requirements set forth in Megan's Law II. If the sex offender reoffends and is convicted under the crimes enumerated in Megan's Law II after the establishment of a school, library, child-care facility, common open space, community center, public park or recreational facility, then this article shall be applicable to the sex offender on the date the sex offender is convicted of the new offense(s).
66:140 § 66-4 SEX OFFENDERS § 66-7
C. The provisions of this article shall not be applicable to persons incarcerated in any facilities owned, maintained and/or operated by the County of Luzerne or Commonwealth of Pennsylvania.
§ 66-5. Violations and penalties. Any person who is found to have violated this article shall, upon conviction before a Magisterial District Justice, be sentenced to a term of imprisonment up to 90 days and shall be fined not more than $1,000 for each violation, plus the costs of prosecution, court costs and the reasonable administrative costs and attorney's fees of the Township of Dallas. Each day that the sex offender fails to move after the forty-five-days notice period shall constitute a new violation and shall be subject to the assessment of a separate fine.
§ 66-6. Enforcement. The Dallas Township Police Department shall be charged with the enforcement of this article.
§ 66-7. Publication. Dallas Township shall have prepared and retained at the Dallas Township Office a map of Dallas Township depicting the areas where sex offenders are restricted from residing.
66:141 § 66-7 DALLAS CODE § 67-3
Chapter 67
SKATEBOARDS
§ 67-1. Definitions. SKATEBOARD — Refers to a vehicle propelled by human power and gravity, or by a motor connected therewith, or designed to be towed, pulled or propelled by another motorized vehicle, consisting of material or portion of material formed in a thin firm sheet with wheels attached to the underside. SKATEBOARDING — Refers to the use of a skateboard by one or more persons.
§ 67-2. Skateboarding prohibited. It shall be unlawful for any person to engage in skateboarding, or ride upon or propel any skateboard on any public street in the Township.
§ 67-3. Violations and penalties. Any person who shall violate this chapter shall, upon conviction thereof: A. First offense. The skateboard used in violation of this chapter shall be impounded by the Police Department of the Township for a period not exceeding 15 days. If the person violating this chapter is a minor, in addition to the confiscation of the skateboard as aforementioned, the Township Police shall notify the parents, guardian or other person having legal custody of said minor of the violation of this chapter and the impounding of the skateboard. In addition, said individual shall be provided with a copy of this chapter. B. Second and/or subsequent offense. The skateboard of any person violating the provisions of this chapter for the second and/or subsequent time shall be impounded by the Police Department of the Township for a period not exceeding 30 days and said person shall, upon conviction, be sentenced to pay a fine of $15 and costs. In the event said person is a minor, the skateboard of said minor shall be impounded by the Police Department of the Township for a period not exceeding 30 days, and the parent, guardian or other person having legal custody of said minor shall be, upon conviction, sentenced to pay a fine of $15 and costs.
Chapter 68
SOLID WASTE
GENERAL REFERENCES
Municipal authorities — See Ch. 5. Open burning — See Ch. 43.
Intermunicipal agreements — See Ch. 11. Nuisances — See Ch. 55. 68:142 § 67-3 SOLID WASTE § 68-3
§ 68-1. Title. This chapter shall be known as and may be cited as the "Solid Waste and Recycling Collection and Disposal Ordinance of the Township of Dallas."
§ 68-2. Purpose. The purposes of this chapter are to provide for the collection and disposal of garbage, solid waste and recyclable materials produced and generated within the Township of Dallas in the most efficient and economically sound manner, to reduce the volume of garbage and solid waste disposed of within the Township of Dallas; and further to create and to implement a general municipal waste management plan and project so as to conserve natural resources and to support the right of the residents of the Township of Dallas to dwell in a clean and healthy environment.
§ 68-3. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following words and terms shall be construed as follows: ALUMINUM CONTAINERS — All empty aluminum food and beverage containers. BIMETALLIC CONTAINERS — Empty food and beverage containers consisting of aluminum, steel and tin coating. A can is bimetallic if a magnet sticks to the sides but not to the ends. COMMERCIAL ESTABLISHMENT — Those premises used principally for nonmanufacturing or nonprocessing business, including but not limited to stores, offices, restaurants, shopping centers, gas stations and churches. COMMUNITY ACTIVITIES — All events or activities which are sponsored by public, private, nonprofit and municipal agencies or individuals that include, but are not limited to, fairs, bazaars, socials and organized athletic events attended by 200 or more people. CORRUGATED PAPER — Structural paper material with an inner core shaped in rigid parallel furrows and ridges. DISPOSAL — The deposition, incineration, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged into the waters of the Commonwealth of Pennsylvania. GARBAGE — Solid waste resulting from the preparation, cooking, handling, dealing, storing, sale and consumption of all animal and vegetable wastes. GLASS CONTAINERS — Empty bottles and jars made of clear, green and brown glass.
68:143 § 68-3 DALLAS CODE § 68-4
IMPROVED PROPERTY — Any premises within the municipality upon which there is erected a structure intended for habitation, occupancy or use by human beings or animals, and from which solid waste or recyclable materials shall or may be generated or produced. INDUSTRIAL ESTABLISHMENT — Any entity engaged in a manufacturing, industry, trade or business process. INSTITUTIONAL ESTABLISHMENT — Any facility that houses or serves groups of people, including but not limited to hospitals, schools, day-care centers and nursing homes. LEAVES — Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clipping. MUNICIPAL ESTABLISHMENTS — The public facilities operated by the member municipalities and Dallas Area Municipal Authority. MUNICIPALITY — This political subdivision of the Commonwealth of Pennsylvania. NEWSPRINT — Paper of the type commonly used for newspapers and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts often included with newspapers. OWNER — Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Authority's service area. PERSON — Any individual, partnership, company, business organization, association, society, corporation or other group or entity. PLASTICS — Empty plastic food and beverage containers. PRIVATE OR COMMERCIAL COLLECTORS, HAULERS OR TRANSPORTERS — Any person or business organization which provides collection, transportation and disposal services of solid waste, who is not an agent or contractor of the municipality. RECYCLABLE MATERIALS — Materials enumerated in Act 101 of 198833 of the Commonwealth of Pennsylvania, and materials identified by the municipality or its agent or contractor for recycling. RESIDENTIAL DWELLING — A single or multifamily dwelling, including, but not limited to, condominium units, apartments and mobile homes. SOLID WASTE — Materials or substances discharged or rejected as being spent, useless, worthless or in excess by a person and any garbage, refuse, industrial, lunchroom or office waste and other material including solid, liquid or semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial, industrial or institutional establishments. The term does not include recyclable materials or materials approved for beneficial use by the municipality, or its agent or contractor.
33.Editor's Note: See 53 P.S. § 4000.101 et seq. 68:144 § 68-4 SOLID WASTE § 68-5
§ 68-4. Unlawful activities and liability of property owners and occupants. A. It shall be unlawful hereafter to accumulate, collect, transport, remove, deposit, maintain or dispose of garbage, solid waste and recyclable materials upon any public or private property within the Township of Dallas, except in accordance with the terms and provisions of this chapter. B. An owner, lessee, tenant or occupant of any unimproved premises or any building, structure or like improvement erected upon any real property situated within the Township of Dallas and used for any purpose whatsoever shall be liable for the collection and disposal of all garbage, solid waste and recyclable materials produced or generated upon or within the premises, building or structure owned or occupied by a person in accordance with the terms and provisions of this chapter.
§ 68-5. Collection, transportation and disposal of solid waste and recyclable materials. A. All residential solid waste and recyclable materials produced, generated, accumulated or deposited within the Township of Dallas shall be collected, transported and disposed of solely and exclusively by the Township of Dallas, or its agent or contractor. B. All garbage and solid waste produced, generated, accumulated or maintained within the Township of Dallas by a commercial, institutional or industrial enterprise, organization or establishment, or a sponsor of any community or public activity within the Township of Dallas, shall be collected, transported and disposed of periodically in a safe and sanitary manner by a private or commercial refuse collector or hauler or a transporter for hire, or by the Township of Dallas, or its agent or contractor, by contract. C. No person, including but not limited to an owner, occupant, lessee, commercial collector, hauler or transporter of residential garbage, solid waste and/or recyclable materials for hire, or otherwise, shall accumulate, deposit, maintain or place or cause to be accumulated, deposited, maintained or placed upon any lot or parcel of real property used for a dwelling or residential purposes within or without a residential district or zone of the Township of Dallas for the purpose of the collection, transportation or disposal of residential garbage, solid waste or recyclable materials by any entity other than the Township of Dallas, or its agent or contractor. D. It shall be unlawful for any person who is not a permanent resident of the Township of Dallas to transport or convey into the Township of Dallas or to deposit, place or dispose of upon or within any premises or structure located in the Township of Dallas any garbage, solid wastes or recyclable materials produced and generated elsewhere for the purpose of the collection, transportation or permanent disposal of any
68:145 § 68-5 DALLAS CODE § 68-7
garbage, solid waste or recyclable materials by anyone within the Township of Dallas. E. An owner, occupant, lessee, proprietor, operator or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Township of Dallas shall provide for the private or commercial collection, transportation and disposal of the recyclable materials of the kind and nature provided in this chapter hereafter, which are produced or generated by their use. Each commercial, institutional, industrial or municipal enterprise, organization or establishment and each sponsor of any community or public activity subject to this provision shall account to the Township of Dallas, or its agent or contractor, at least annually for the volume of the recyclable materials caused to be recycled by it hereunder.
§ 68-6. Recycling of materials. A. An owner, lessee, tenant or occupant of any structure used for a dwelling or residential purposes within the Township of Dallas shall cause to be recycled the following materials produced or generated as household waste therein: aluminum containers, plastics, and steel and bimetallic containers. B. As may be provided by resolution hereafter passed, the following materials may be included in this provision for the recycling of household waste: clear glass, colored glass containers, high-grade office paper, newsprint, corrugated paper, and bimetallic containers, and such other materials as may be included. C. An owner, lessee, tenant, proprietor, operator or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Township of Dallas shall cause to be recycled the following materials: aluminum cans, high-grade office paper, corrugated paper, leaves, clear and colored glass containers and newsprint.
D. All recyclable materials collected as provided in Subsections A and B of this § 68-6 shall become the absolute property of the Township of Dallas, or its agent or contractor, and title thereto shall pass irrevocably when the same are deposited or placed at curbside for collection by the owner, lessee, tenant or occupant of the abutting premises.
§ 68-7. Contracting of collection and disposal; administration. A. The Township of Dallas is authorized to contract with Dallas Area Municipal Authority, a municipal authority organized and existing under the laws of the Commonwealth of Pennsylvania and created heretofore by the Borough of Dallas, and the Township of Kingston, and the Township of Dallas, Luzerne County, Pennsylvania, for general
68:146 § 68-7 SOLID WASTE § 68-10
purposes, for the collection, transportation and disposal of all residential garbage, solid waste and recyclable materials produced and generated within the Township of Dallas. B. A contract for such services shall be set forth in a service agreement to be entered into between the Township of Dallas and Dallas Area Municipal Authority, which service agreement shall provide, among other things, for the administration of the municipal residential solid waste and recyclable materials collection, transportation and disposal program as created hereunder, and it shall delegate to Dallas Area Municipal Authority the duty to implement and to conduct in all respects the operation of the aforesaid program to the extent and in a manner provided by law.
§ 68-8. Assessment of service charges. The Township of Dallas is authorized to levy, charge, assess, adopt and collect from time to time service charges and fees for the collection, transportation and disposal of garbage, solid waste and recyclable materials within the Township of Dallas, as provided herein, to the extent and in the manner provided by law.
§ 68-9. Inspection. Any person who shall place at curbside garbage, solid waste or recyclable materials for collection, transportation or disposal shall be deemed to have given consent, whether express or implied, to the Township of Dallas, or its agent or contractor, to open and inspect any container, receptacle or enclosure containing or purporting to contain garbage, solid waste or recyclable materials.
§ 68-10. Violations and penalties. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
68:147 § 68-10 DALLAS CODE § 68-10
Chapter 72
STORMWATER MANAGEMENT
GENERAL REFERENCES
Floodplain management — See Ch. 47. Zoning — See Ch. 95.
Subdivision and land development — See Ch. 77.
68:148 § 72-1 SOLID WASTE § 72-3
ARTICLE I General Provisions
§ 72-1. Short title. This chapter shall be known and may be cited as the "Township of Dallas Stormwater Management Ordinance."
§ 72-2. Statement of findings The governing body of the municipality finds that: A. Inadequate management of accelerated runoff of stormwater resulting from development throughout a watershed increases flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources. B. A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment. C. Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality. D. Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
§ 72-3. Purpose. The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 72-2 of this chapter, through provisions designed to: A. Meet legal water quality requirements under state law, including regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth. B. Preserve the natural drainage systems as much as possible. C. Manage stormwater runoff close to the source.
68:149 § 72-3 DALLAS CODE § 72-8
D. Provide procedures and performance standards for stormwater planning and management. E. Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources. F. Prevent scour and erosion of stream banks and stream beds. G. Provide proper operation and maintenance of all permanent SWM BMPs that are implemented within the municipality. H. Provide standards to meet NPDES permit requirements.
§ 72-4. Statutory authority. A. Primary authority. The municipality is empowered to regulate these activities by the authority of the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Stormwater Management Act" and the Code of the Township of Dallas. B. Secondary authority. The municipality also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.34
§ 72-5. Applicability. A. All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this chapter. B. Pennsylvania Department of Transportation (PennDOT) roadway projects will perform stormwater management consistent with Publication 13M (Design Manual-2), Chapter 13.6, Antidegradation and Post Construction Stormwater Management Policy.
§ 72-6. Repealer. Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
§ 72-7. Severability. In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.
§ 72-8. Compatibility with other requirements.
34.Editor's Note: See 53 P.S. § 10101 et seq. 68:150 § 72-8 SOLID WASTE § 72-8
A. Approvals issued and actions taken under this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. B. If the municipality administers its own Subdivision and Land Development Ordinance,35 the municipality shall be responsible for administering this chapter. C. If the municipality falls under the authority of the Luzerne County Subdivision and Land Development Ordinance, the county shall be responsible for administering this chapter. D. The standards and criteria in this chapter supersede the standards and criteria in the previously enacted Luzerne County Stormwater Management Ordinance.
35.Editor's Note: See Ch. 77, Subdivision and Land Development. 68:151
§ 72-9 SOLID WASTE § 72-10
ARTICLE II Definitions
§ 72-9. Interpretation. For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows: A. Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender. B. The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character. C. The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
§ 72-10. Terms defined. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURAL ACTIVITY — Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops or pasturing and raising of livestock and installation of conservation measures. Construction of new buildings or impervious area is not considered an agricultural activity. APPLICANT — A landowner, developer, or other person who has filed an application to the municipality for approval to engage in any regulated activity at a project site in the municipality. BEST MANAGEMENT PRACTICE (BMP) — Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins,
68:153 § 72-10 DALLAS CODE § 72-10 and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site. CAPTURE — The process of collecting runoff to be managed by a stormwater BMP. CONSERVATION DISTRICT — A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P. S. § 851(c)] that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code 102; refers to the Luzerne Conservation District unless otherwise noted. DESIGN STORM — The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours) used in the design and evaluation of stormwater management systems. Also see "return period." DETENTION VOLUME — The volume of runoff that is captured and released into the waters of this commonwealth at a controlled rate. DEP — The Pennsylvania Department of Environmental Protection. DEVELOPMENT, LAND — See "land development." DEVELOPMENT, SITE — Any human-induced change to improved or unimproved real estate, whether public or private, including, but not limited to, land development, construction, installation, or expansion of a building or other structure, land division, street construction, drilling, and site alteration such as embankments, dredging, grubbing, grading, paving, parking or storage facilities, excavation, filling, stockpiling, or clearing. DISCONNECTED IMPERVIOUS AREA (DIA) — An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a pervious area, which allows for infiltration, filtration, and increased time of concentration as specified in Appendix B, Disconnected Impervious Area.36 DISTURBED AREA — An unstabilized land area where an earth disturbance activity is occurring or has occurred. EARTH DISTURBANCE ACTIVITY — A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. EROSION — The natural process by which the surface of the land is worn away by water, wind, or chemical action. EXISTING CONDITION — The dominant land cover during the five-year period immediately preceding a proposed regulated activity. FEMA — Federal Emergency Management Agency.
36.Editor's Note: Appendix B is on file in the ownshipT offices and is available online at http://www.dallasTownship.com under "Twp Ordinances." 68:154 § 72-10 SOLID WASTE § 72-10
FLOODPLAIN — Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP). FLOODWAY — The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream. FOREST MANAGEMENT/TIMBER OPERATIONS — Planning and activities necessary for the management of forestland. These include conducting a timber inventory, preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation, and reforestation. GEOTEXTILE — A porous fabric manufactured from synthetic fiber that is used to provide separation between different types of media (i.e., between soil and stone). GRAVEL (CRUSHED STONE) — Considered to be impervious when the intended use of the stone is for transportation purposes, parking areas, construction areas, trails, or if the gravel is compacted at any time during or after its placement; landscaping stone is not considered as impervious area. HOTSPOT — Areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants that are higher than those that are typically found in stormwater (e.g., vehicle salvage yards and recycling facilities, vehicle fueling stations, fleet storage areas, vehicle equipment and cleaning facilities, and vehicle service and maintenance facilities). HYDROLOGIC SOIL GROUP (HSG) — Infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. Soils are classified into four HSGs (A, B, C, and D) according to their minimum infiltration rate, which is obtained for bare soil after prolonged wetting. The NRCS defines the four groups and provides a list of most of the soils in the United States and their group classification. The soils in the area of the development site may be identified from a soil survey report that can be obtained from local NRCS offices or conservation district offices. Soils become less pervious as the HSG varies from A to D. [NOTE: See § 72-34C and D (NRCS).] IMPERVIOUS SURFACE (IMPERVIOUS AREA) — A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, parking lots, driveways,
68:155 § 72-10 DALLAS CODE § 72-10 roofs, stone patios. See definition of "gravel (crushed stone)" for when gravel classifies as impervious area. INFILTRATION — Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolated downward to recharge groundwater. KARST — A type of topography or landscape characterized by surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage, and caves. Karst is formed on carbonate rocks, such as limestone or dolomite. LAND DEVELOPMENT (DEVELOPMENT) — Inclusive of any or all of the following meanings: A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving: (1) A group of two or more buildings; or (2) The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features; B. Any subdivision of land; C. Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.37 LOW-IMPACT DEVELOPMENT — A land development and construction approach that uses various land planning, design practices, and technologies to simultaneously conserve and protect natural resource systems, while allowing for necessary infrastructure improvements associated with land development. MUNICIPALITY — Township of Dallas, Luzerne County, Pennsylvania. NRCS — USDA Natural Resources Conservation Service (previously SCS). PEAK DISCHARGE — The maximum rate of stormwater runoff from a specific storm event. PERVIOUS AREA — Any area not defined as impervious. PROJECT SITE — The specific area of land where any regulated activities in the municipality are planned, conducted, or maintained. QUALIFIED PROFESSIONAL — Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by the chapter. REDEVELOPMENT — Any development that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new impervious surfaces. Maintenance activities such as top-layer
37.Editor's Note: See 53 P.S. § 10503 et seq. 68:156 § 72-10 SOLID WASTE § 72-10 grinding and repaving are not considered to be redevelopment. Interior remodeling projects and tenant improvements are also not considered to be redevelopment. REGULATED ACTIVITIES — Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff. REGULATED EARTH DISTURBANCE ACTIVITY — Activity involving earth disturbance subject to regulation under 25 Pa. Code 92,38 25 Pa. Code 102, or the Clean Streams Law.39 RETENTION VOLUME/REMOVED RUNOFF — The volume of runoff that is captured and not released directly into the surface waters of this commonwealth during or after a storm event. RETURN PERIOD — The average interval, in years, within which a storm event of a given magnitude can be expected to occur one time. For example, the twenty-five-year-return-period rainfall would be expected to occur on average once every 25 years; or stated in another way, the probability of a twenty-five-year storm occurring in any one year is 0.04 (i.e., a four-percent chance). RUNOFF — Any part of precipitation that flows over the land. SEDIMENT — Soils or other materials transported by surface water as a product of erosion. STATE WATER QUALITY REQUIREMENTS — The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.40 STORMWATER — Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt. STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES — Abbreviated as "BMPs" or "SWM BMPs" throughout this chapter. STORMWATER MANAGEMENT FACILITY — Any structure, natural or man- made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to: detention and retention basins; open channels; storm sewers; pipes; French drains; underground on-lot seepage pits; and infiltration facilities. STORMWATER MANAGEMENT PLAN — The Luzerne County Stormwater Management Plan for managing stormwater runoff adopted by the County of Luzerne as required by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Stormwater Management Act."41
38.Editor's Note: Chapter 92 of Title 25 of the Pennsylvania Code was reserved 10-8-2010, effective 10-9-2010. It was replaced by Chapter 92a, National Pollutant Discharge Elimination System (NPDES) Permitting, Monitoring and Compliance. 39.Editor's Note: See 35 P.S. § 691.1 et seq. 40.Editor's Note: See 35 P.S. § 691.1 et seq. 41.Editor's Note: See 32 P.S. § 680.1 et seq. 68:157 § 72-10 DALLAS CODE § 72-10
STORMWATER MANAGEMENT SITE PLAN — The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with this chapter. "Stormwater management site plan" will be designated as "SWM site plan" throughout this chapter. SUBDIVISION — As defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247.42 USDA — United States Department of Agriculture. VOID RATIO — The ratio of the volume of void space to the total volume of the BMP material (void space plus solid material/media providing structural support to create the storage area). WATERSHED — Region or area drained by a river, watercourse, or other surface water of this commonwealth. WATERS OF THIS COMMONWEALTH — Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth. WETLAND — Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
42.Editor's Note: See 53 P.S. § 10101 et seq. 68:158 § 72-11 SOLID WASTE § 72-11
ARTICLE III Stormwater Management Standards
§ 72-11. General requirements. A. For all regulated activities, submission of the stormwater management permit application provided in Appendix B43 is a requirement of the Township. B. For all regulated activities, unless preparation of a SWM site plan is specifically exempted in § 72-12: (1) Preparation and implementation of an approved SWM site plan is required. (2) No regulated activities shall commence until the municipality issues written approval of a SWM site plan, which demonstrates compliance with the requirements of this chapter. C. SWM site plans approved by the municipality, in accordance with § 72-20, shall be on site throughout the duration of the regulated activity. D. The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.44 E. For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual) [NOTE: See § 72-34B.], No. 363-2134-008 (April 15, 2000), as amended and updated. F. For all regulated activities, implementation of the volume controls in § 72-13 is required, unless otherwise exempted by § 72-12. G. Impervious areas: (1) The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
43.Editor's Note: Appendix B is on file in the ownshipT offices and is available online at http://www.dallasTownship.com under "Twp Ordinances." 44.Editor's Note: See 35 P.S. § 691.1 et seq. 68:159 § 72-11 DALLAS CODE § 72-11
(2) For development taking place in stages, the entire development plan must be used in determining conformance with this chapter. (3) For projects that add impervious area to a parcel, only the proposed impervious area on the parcel must be considered and summed to determine the plan preparation and approval requirements of this chapter. (4) For redevelopment projects in which the existing site is disturbed, the entire proposed site is subject to the plan preparation and approval requirements of this chapter. Existing conditions are considered to be the existing site prior to disturbance, and 20% of the existing impervious area must be considered as meadow in good condition for all stormwater calculations. For redevelopment projects in which the existing site is already controlled by a stormwater management facility, the requirement to consider 20% of existing impervious area as meadow is waived, provided the existing facility meets the water quality, volume, and peak rate standards and criteria of this chapter. H. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter. I. All regulated activities shall include measures to: (1) Protect health, safety, and property. (2) Meet the water quality goals of this chapter by implementing measures outlined in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual) [NOTE: See § 72-32A.] to: (a) Minimize disturbance to floodplains, wetlands, and wooded areas. (b) Maintain or extend riparian buffers. (c) Avoid erosive flow conditions in natural flow pathways. (d) Minimize thermal impacts to waters of this commonwealth. (e) Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible. (3) To the maximum extent practicable, incorporate the techniques for low-impact development practices described in the BMP Manual. [NOTE: See § 72-34A.]. J. The design of all facilities over karst and mined areas shall include an evaluation of measures to minimize adverse effects.
68:160 § 72-11 SOLID WASTE § 72-12
K. Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter. L. Storage facilities, to the greatest extent possible and at the discretion of the municipality, shall completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm. M. Storage facilities shall incorporate features to maximize the length of the flow path and increase the travel time through the facility. N. The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 14 can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/. [NOTE: See § 72-34E.] O. For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law,45 and the Stormwater Management Act.46 P. Various BMPs and their design standards are listed in the BMP Manual. [NOTE: See § 72-34A.]
§ 72-12. Exemptions. A. Regulated activities that create impervious areas or earth disturbance shall adhere to Table III.1 to meet the requirements of this chapter. The larger of the two areas determines the applicable requirements of this chapter (i.e., if only 500 square feet of impervious area is proposed, but 15,000 square feet of earth disturbance, the requirements follow Row 3 of Table III.1).
45.Editor's Note: See 35 P.S. § 691.1 et seq. 46.Editor's Note: See 32 P.S. § 680.1 et seq. 68:161 § 72-12 DALLAS CODE § 72-12
Table III.1. Stormwater Management Requirements and Exemptions Proposed Proposed Impervious Total Earth What is Area Disturbance Stormwater required to Ordinance Management submit to (sq. ft.) (sq. ft.) Exemptions Requirementsmunicipality? < 1,000 < 5,000 N/A N/A N/A Disconnected Chapter impervious Appendix C.1 area (DIA) as worksheet in Chapter and sketch Appendix C.1 (or equivalent) 1,000 to 5,000 to § 72-13, OR OR 5,000 10,000 § 72-14, and Article IV of this chapter Capture and Chapter control first 1 Appendix E inch of runoff worksheet over and sketch proposed (or impervious equivalent) areas as in Chapter Appendix E 5,000 to 10,000 to § 72-14 and Capture and Chapter 10,000 20,000 Article IV of permanently Appendix D this chapter remove the worksheet first 2 inches and sketch of runoff over (or proposed equivalent) impervious areas as in § 72-13B of this chapter > 10,000 > 20,000 None All SWM site requirements plan of this chapter
B. Agricultural activity is exempt from the rate control and SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code 102.
68:162 § 72-12 SOLID WASTE § 72-13
C. Forest management and timber operations are exempt from the rate control and SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code 102. D. Exemptions from any provisions of this chapter shall not relieve the applicant from the requirements in § 72-11A through P. E. The municipality may deny or revoke any exemption pursuant to the section at any time for any project that the municipality believes may pose a threat to public health, safety, property, or the environment.
§ 72-13. Volume controls. The low-impact development practices provided in the BMP Manual [NOTE: See § 72-34A.] shall be utilized for all regulated activities to the maximum extent practicable. Water volume controls shall be implemented using the Design Storm Method in Subsection A or the Simplified Method in Subsection B below. For all regulated activities that require submission of a formal SWM site plan, both the Design Storm Method and the Simplified Method shall be calculated; the larger control volume based on the two calculations shall be controlled. Subsection C below provides requirements for mined, karst, or other geologically limiting areas where infiltration shall not occur. A. The Design Storm Method (CG-1 in the BMP Manual [NOTE: See § 72-34A.]) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions. (1) Do not increase the postdevelopment total runoff volume for all storms equal to or less than the two-year, twenty-four-hour- duration precipitation. (2) For modeling purposes: (a) Existing (predevelopment) nonforested pervious areas must be considered meadow or its equivalent.
(b) Twenty percent of existing impervious area, when present, shall be considered meadow in the model for existing conditions. B. When Design Storm Method CG-1 guidelines are not used, the Simplified Method (CG-2 in the BMP Manual [NOTE: See § 72-34A.]) has been modified to accommodate two inches of permanently removed runoff volume. This method (provided below) is independent of site conditions and should be used if the Design Storm Method is not followed. For new impervious surfaces: (1) The first two inches of runoff from new impervious surfaces shall be permanently removed from the runoff flow (i.e., it shall not be
68:163 § 72-13 DALLAS CODE § 72-14
released into the surface waters of this commonwealth). Removal options include reuse, evaporation, transpiration, and infiltration. (2) Wherever possible, infiltration facilities should be designed to accommodate infiltration of the entire permanently removed runoff; however, in all cases at least the first 0.5 inch of the permanently removed runoff should be infiltrated. (3) Facilities, to the greatest extent possible and subject to the municipality's discretion, shall be designed to drain the permanently removed runoff volume in a period no less than 24 hours and no greater than 72 hours from the end of the design storm. (4) Runoff volume in excess of two inches shall be safely conveyed to existing stormwater collection systems or streams, in the direction of the existing drainagecourse.
(5) This method is exempt from the requirements of § 72-14, Rate controls. C. Before infiltration is proposed on a site, site conditions shall be evaluated by a qualified design professional through subsurface investigation and testing to determine if site conditions are suitable to support proposed infiltration facilities to manage runoff. If it is determined that infiltration is not feasible due to physical constraints of the site, or will adversely impact the environment as demonstrated by the presence of acid mine drainage, sinkhole formation, or other serious environmental issues, then the above volume controls must be achieved through surface BMP mitigation. Reference the BMP Manual [NOTE: See § 72-34A.] for alternative mitigation measures that do not require infiltration.
§ 72-14. Rate controls. A. Areas not covered by a stormwater management district map contained in Appendix F.1 of the chapter.47 Postdevelopment discharge rates shall not exceed the predevelopment discharge rates for the one- through one-hundred-year, twenty-four-hour storms. If it is shown that the peak rates of discharge indicated by the postdevelopment analysis are less than or equal to the peak rates of discharge indicated by the predevelopment analysis for one- through one-hundred-year, twenty- four-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement. B. Areas covered by a stormwater management district map contained in Appendix F.1 of the chapter.48 For the one- through one-hundred- year storms, the postdevelopment peak discharge rates will follow the
47.Editor's Note: Appendix F.1 is on file in the ownshipT offices and is available online at http://www.dallasTownship.com under "Twp Ordinances." 68:164 § 72-14 SOLID WASTE § 72-14
applicable approved stormwater management district maps. For any areas not shown on the stormwater management district maps, the postdevelopment discharge rates shall not exceed the predevelopment discharge rates. C. Areas designated as District B-2 - Nescopeck Creek Watershed Only: (1) If a mine reclamation project is proposed, the postdevelopment discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and one- hundred-year storms. Predevelopment land cover conditions shall be considered forest in good condition. (2) Proposed land development projects shall apply the sixty-percent release rate criterion for the one-, two-, five-, ten-, twenty-five- , fifty-, and one-hundred-year storms. This applies to all sites including those that have been previously reclaimed. Predevelopment land cover conditions shall be considered forest in good condition. D. Special detention area - Hicks Creek Watershed Only: (1) Any regulated activity being conducted in the Hicks Creek Watershed shall retain runoff from the site of the regulated activity for the one- through one-hundred-year, twenty-four-hour storms. Site generated runoff shall be stored in a detention facility designed to store the total one-hundred-year, twenty-four-hour volume discharging from the project site. Undisturbed areas that discharge through the project site may bypass the detention facility. (2) The detention volume shall be released when conditions in the watershed permit, water levels in the Hicks Creek have subsided, the flap gate discharging the Hicks Creek to the Susquehanna River is open, and the Susquehanna River water elevations are receding. (3) Options for release are subject to the municipality's discretion and include but are not limited to: (a) Manually operated valve structure. (b) Other structures which operate to dictate release based on downstream conditions. (4) Detention facilities shall be lined to prevent infiltration.
48.Editor's Note: Appendix F.1 is on file in the ownshipT offices and is available online at http://www.dallasTownship.com under "Twp Ordinances." 68:165
§ 72-15 SOLID WASTE § 72-15
ARTICLE IV Stormwater Management (SWM) Site Plan Requirements
§ 72-15. Plan requirements. The following items shall be included in the SWM site plan: A. Appropriate sections from the municipal's Subdivision and Land Development Ordinance,49 and other applicable local ordinances, shall be followed in preparing the SWM site plans. In instances where the municipality lacks subdivision and land development regulations, the content of SWM site plans shall follow the county's Subdivision and Land Development Ordinance. B. The municipality or county shall not approve any SWM site plan that is deficient in meeting the requirements of this chapter. At its sole discretion and in accordance with this article, when a SWM site plan is found to be deficient, the municipality may either disapprove the submission and require a resubmission, or, in the case of minor deficiencies, the municipality may accept submission of modifications. C. Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan discussed in Subsection E(9) below. D. The following signature block for the municipality: "(Municipal official or designee), on this date (date of signature), has reviewed and hereby certifies that the SWM site plan is in compliance with the Municipal Ordinance No. 2011-1."
E. The SWM site plan shall provide the following information: (1) The overall stormwater management concept for the project. (2) A determination of site conditions in accordance with the BMP Manual. [NOTE: See § 72-34A.]. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, mined areas, and other environmentally sensitive areas, such as brownfields; depending on site conditions, more stringent standards than those in this chapter may be imposed at the discretion of the Municipal Engineer. (3) Stormwater runoff design computations, and documentation as specified in this chapter, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this chapter, including the recommendations and general requirements in § 72-11; computations are required for all proposed stormwater management facilities.
49.Editor's Note: See Ch. 77, Subdivision and Land Development. 68:167 § 72-15 DALLAS CODE § 72-15
(4) Expected project time schedule. (5) A soil erosion and sediment control plan, where applicable, as prepared for and submitted to the approval authority, and in conformance with 25 Pa. Code 102. (6) The effect of the project (in terms of runoff volumes, water quality, and peak flows) on surrounding properties and aquatic features and on any existing stormwater conveyance system that may be affected by the project. (7) Plan and profile drawings of all SWM BMPs, including drainage structures, pipes, open channels, and swales. (8) The SWM site plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells. (9) The SWM site plan shall include an O&M plan for all existing and proposed physical stormwater management facilities. This plan shall address long-term ownership and responsibilities for O&M as well as schedules and costs for O&M activities. (10)The SWM site plan shall include the following additional elements: (a) Construction details of all proposed stormwater management facilities. (b) A stormwater facility design narrative. (c) A signature block containing the name, address, and phone number of the individual responsible for the operation and maintenance plan. (d) A drainage area map with time of concentration paths shown. (e) Existing contour intervals of two feet. (f) All existing features on the property and within 50 feet of property. (g) Floodplain and floodway limits. (h) Proposed structures and proposed grades. (i) Soil boundary lines and descriptions. (j) Date of submission, North arrow, graphic scale, call-before- you-dig note and reference number, location map, name of development, name and address of property owner, and individual preparing the SWM site plan. (k) Existing and proposed easements.
68:168 § 72-15 SOLID WASTE § 72-19
(l) Statement signed by landowner stating that they cannot alter any stormwater management facility without prior permission of the municipality.
§ 72-16. Plan submission. A. Five copies of the SWM site plan shall be submitted as follows: (1) Two copies to the municipality. (2) One copy to the Municipal Engineer (when applicable). (3) One copy to the County Conservation District. (4) One copy to the County Planning Commission/Office. B. Additional copies shall be submitted as requested by the municipality or DEP.
§ 72-17. Plan review. A. The SWM site plan shall be reviewed by a qualified professional for the municipality for consistency with the provisions of this chapter. After review, the qualified professional shall provide a written recommendation for the municipality to approve or disapprove the SWM site plan. If it is recommended to disapprove the SWM site plan, the qualified professional shall state the reasons for the disapproval in writing. The qualified professional also may recommend approval of the SWM site plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. The SWM site plan review and recommendations shall be completed within the time allowed by the Municipalities Planning Code50 for reviewing subdivision plans. B. The municipality shall notify the applicant in writing within 45 days whether the SWM site plan is approved or disapproved. If the SWM site plan involves a subdivision and land development plan, the notification period is 90 days. If a longer notification period is provided by other statute, regulation, or ordinance, the applicant will be so notified by the municipality. If the municipality disapproves the SWM site plan, the municipality shall cite the reasons for disapproval in writing.
§ 72-18. Modification of plans. A modification to a submitted SWM site plan that involves a change in SWM BMPs or techniques, or that involves the relocation or redesign of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM site plan as determined by the municipality shall require a resubmission of the modified SWM site plan in accordance with this article.
50.Editor's Note: See 53 P.S. § 10101 et seq. 68:169 § 72-19 DALLAS CODE § 72-21
§ 72-19. Resubmission of disapproved SWM site plans. A disapproved SWM site plan may be resubmitted, with the revisions addressing the municipality's concerns, to the municipality in accordance with this article. The applicable review fee must accompany a resubmission of a disapproved SWM site plan.
§ 72-20. Authorization to construct and term of validity. The municipality's approval of a SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the municipality signs the approval for a SWM site plan. If an approved SWM site plan is not completed according to § 72-21 within the term of validity, then the municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 72-19 of this chapter.
§ 72-21. As-built plans, completion certificate, and final inspection. A. The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the municipality. B. The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate. C. After receipt of the completion certification by the municipality, the municipality or official designee may conduct a final inspection.
68:170 § 72-22 SOLID WASTE § 72-23
ARTICLE V Operation and Maintenance
§ 72-22. Responsibilities of developers and landowners. A. The municipality shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM site plan. The municipality may require a dedication of such facilities as part of the requirements for approval of the SWM site plan. Such a requirement is not an indication that the municipality will accept the facilities. The municipality reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls. If the facility is rejected by the municipality, provisions shall be made to identify the legal owner. B. Three options exist for perpetual ownership and responsibility of stormwater management facilities: (1) The developer retains ownership; (2) A homeowners' association assumes ownership and responsibility; (3) The facility is dedicated to, and accepted by, the municipality. C. Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land. D. The O&M plan shall be recorded as a restrictive deed covenant that runs with the land. E. The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this article.
§ 72-23. O&M agreements. The owner is responsible for O&M of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
68:171
§ 72-24 SOLID WASTE § 72-24
ARTICLE VI Fees and Expenses
§ 72-24. General. The municipality may include all costs incurred in the review fee charged to an applicant. The review fee may include, but not be limited to, costs for the following: A. Administrative/clerical processing. B. Review of the SWM site plan. C. Attendance at meetings. D. Inspections.
68:173
§ 72-25 SOLID WASTE § 72-26
ARTICLE VII Prohibitions
§ 72-25. Prohibited discharges and connections. A. Any drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter the waters of this commonwealth is prohibited. B. No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except as provided in Subsection C below; and discharges allowed under a state or federal permit. C. The following discharges are authorized unless they are determined to be significant contributors to pollution to the waters of this commonwealth: (1) Discharges from fire-fighting activities. (2) Potable water sources including waterline flushing. (3) Irrigation drainage. (4) Air-conditioning condensate. (5) Springs. (6) Water from crawl space pumps. (7) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used. (8) Flows from riparian habitats and wetlands. (9) Uncontaminated water from foundations or from footing drains. (10)Lawn watering. (11)Dechlorinated swimming pool discharges. (12)Uncontaminated groundwater. (13)Water from individual residential car washing. (14)Routine external building wash down (which does not use detergents or other compounds). D. In the event that the municipality or DEP determines that any of the discharges identified in Subsection C significantly contribute to pollution of the waters of this commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.
68:175 § 72-26 DALLAS CODE § 72-27
§ 72-26. Roof drains. Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs and to the maximum extent practicable satisfy the criteria for DIAs consistent with Appendix C.1. of this chapter.51
§ 72-27. Alteration of SWM BMPs. No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures without the written approval of the municipality.
51.Editor's Note: Appendix C.1 is on file in the ownshipT offices and is available online at http://www.dallasTownship.com under "Twp Ordinances." 68:176 § 72-28 SOLID WASTE § 72-31
ARTICLE VIII Enforcement and Penalties
§ 72-28. Right of entry. Upon presentation of proper credentials, the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
§ 72-29. Inspection. SWM BMPs should be inspected by the landowner, or the owner's designee (including the municipality for dedicated and owned facilities), according to the following list of minimum frequencies: A. Annually for the first five years. B. Once every three years thereafter. C. Immediately after every ten-year-or-greater storm event.
§ 72-30. Enforcement. A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 72-12. B. It shall be unlawful to violate § 72-27 of this chapter. C. Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
§ 72-31. Suspension and revocation. A. Any approval or permit issued by the municipality pursuant to this chapter may be suspended or revoked for: (1) Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement. (2) A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity. (3) The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others. B. A suspended approval may be reinstated by the municipality when: (1) The municipality has inspected and approved the corrections to the violations that caused the suspension. (2) The municipality is satisfied that the violation has been corrected.
68:177 § 72-31 DALLAS CODE § 72-33
C. An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter. D. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
§ 72-32. Violations and penalties. A. Anyone violating the provisions of this chapter shall be guilty of a summary offense, and, upon conviction, shall be subject to a fine of not more than $500 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative. B. In addition, the municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
§ 72-33. Appeals. A. Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this chapter, may appeal to the municipality within 30 days of that action. B. Any person aggrieved by any decision of the municipality, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.
68:178 § 72-34 SOLID WASTE § 72-34
ARTICLE IX References
§ 72-34. Reference enumerated. References used throughout this chapter are as followed: A. Pennsylvania Department of Environmental Protection. No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA. B. Pennsylvania Department of Environmental Protection. No. 363-2134-008 (April 15, 2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA. C. U.S. Department of Agriculture, National Resources Conservation Service (NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001. Originally published as the National Engineering Handbook, Section 4: Hydrology. Available from the NRCS online at: http://www.nrcs.usda.gov/. D. U.S. Department of Agriculture, Natural Resources Conservation Service. 1986. Technical Release 55: Urban Hydrology for Small Watersheds, 2nd Edition. Washington, D.C. E. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center. 2004-2006. Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address: http://hdsc.nws. noaa.gov/hdsc/pfds/.
68:179 § 72-34 DALLAS CODE § 72-34
Chapter 74
STREETS AND SIDEWALKS
GENERAL REFERENCES
Sewers — See Ch. 64. Zoning — See Ch. 95.
Land development — See Ch. 77.
74:180 § 74-1 STREETS AND SIDEWALKS § 74-5
ARTICLE I Pave Cut and Excavation [Adopted 5-18-2004 by Ord. No. 2004-2]
§ 74-1. Title. This article shall be known as the "Dallas Township Pave Cut and Street Excavation Ordinance," and may be referred to as the same.
§ 74-2. Definitions and interpretations. The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly states otherwise: EXCAVATION — Any activity within the right-of-way of any street, alley, or cartway which involves cutting, breaking, or disturbing the surface thereof. In this article, the term "opening" shall have essentially the same meaning as "excavation." PERSON — Any natural person, partnership, firm, association, corporation, or municipal authority. STREET — Any public street, avenue, road, square, alley, highway, right-of- way, or other public place located in the Township of Dallas and established for the use of vehicles, but shall not include state highways.
§ 74-3. Permit required to make opening or excavation. It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Township of Dallas without first securing a permit as hereinafter provided.
§ 74-4. Application for permit. Any person who shall desire to make any opening or excavation in any of the streets in the Township of Dallas shall make application to the Township Secretary in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township of Dallas and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the appropriate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinance of the Township of Dallas and the laws of the commonwealth in relation thereto, and that the applicant shall well and truly save, defend, and keep harmless the Township of Dallas, and indemnify the Township of Dallas against any and all actions, suits, demands, payments, costs, and charges for, or by reason of, the proposed opening or excavation, and all damages to persons or property resulting in any manner or occurring in the prosecution of the work connected therewith, or from any other manner, cause or thing relating thereto.
74:181 § 74-5 DALLAS CODE § 74-10
§ 74-5. Permit fee. Before any permit shall be issued to open or excavate any street in the Township of Dallas, the applicant shall pay a permit fee in the amount fixed according to resolution. The fee by passage of this article is set at $100. When application shall be made to open or excavate any longitudinal opening or excavation in excess of 10 feet, before any permit shall be issued so to open or excavate, the applicant shall pay in addition to such minimum fee, an additional $50 fee, for each 100 feet or fraction thereof to be opened or excavated upon such street.
§ 74-6. Issuance of permits restricted. Permits shall be issued only to persons furnishing public utility services or the owner or owners of the real property adjoining the location where such opening or excavation is to be made. In addition, all contractors performing such work shall also show proof of liability insurance, which also names the Township of Dallas as an additional party insured.
§ 74-7. Information contained on permit. Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof, and the time within which the work for which the permit is granted is to be completed.
§ 74-8. Permit approval. A permit may be issued by the Board of Supervisors to the applicant after all the requirements have been filled. If the application is disapproved, written notice of disapproval together with reasons shall be given to the applicant.
§ 74-9. Responsibility to contact utilities. The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, 73 P.S. 177 et seq., as amended or supplemented from time to time. It shall be the permittee's responsibility to contact the utilities that have recorded their facilities in compliance with said Act. A list of utilities providing services in the Township of Dallas and their office addresses may be obtained from the County Recorder of Deeds.
§ 74-10. Refilling of opening or excavation; restoration of surface; responsibility for defects occurring within two years. Any person who shall open or excavate any street in the Township of Dallas shall thoroughly and completely refill the opening or excavation with 2A modified stone in such a manner to prevent any settling thereafter and shall restore the surface to the same condition as it was before the opening or excavation, or in the case of pavement areas, with at least four inches B.C.B.C. and 1 1/2 inches of ID-2, and such restoration shall be in accordance with the specifications of the Department of Transportation
74:182 § 74-10 STREETS AND SIDEWALKS § 74-12 of the Commonwealth of Pennsylvania which are hereby adopted as the Township of Dallas' specifications for restoration of surfaces of streets in the Township of Dallas. As restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. Any openings in excess of 100 feet in the aggregate (all openings' lengths added) in any street shall require the permittee to fully overlay the streets' entire width with an additional 1 1/ 2 inches ID-2 wearing surface as directed in the locations directed by the Board of Supervisors. This work may require the permittee to mill existing pavement as directed by the Board of Supervisors. If within two years after the restoration of the surface, as herein provided, defects appear, therein resulting from defective backfilling or other workmanship by the applicant, the applicant shall reimburse the Township of Dallas for the cost of all necessary repairs to the permanent paving.
§ 74-11. Responsibility of permit holder for certain work. All other work in connection with openings in any street, including excavation, protection, refilling, and temporary paving, shall be done by or for the person to whom or which the permit has been issued, at his or its expense, and all such work shall be subject to the provisions of this part and to the supervision and approval of the designated official, provided that the Board of Supervisors may, if it deems it necessary to the proper performance of work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Township of Dallas, in which event the applicant shall pay the actual cost of the work performed by the Township.
§ 74-12. Requirements; correction of unsatisfactory work; completion of incomplete work. A. No opening or excavation in any street shall extend from the curbline into the highway a distance greater than one foot beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.
B. No more than 500 feet longitudinally shall be opened in any street at any one time. C. The work of excavation shall be so conducted as not to interfere with the water mains, sewers, or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained. D. No tunneling shall be allowed without the express approval of the Township of Dallas, and permission endorsed upon the permit. The backfilling of a tunnel excavation shall be made only in the presence of an inspector designated by the Board of Supervisors and shall be done only in a method approved by him.
74:183 § 74-12 DALLAS CODE § 74-13
E. All openings or excavations shall be backfilled promptly with 2A modified stone and thoroughly compacted in layers, each of which layers shall not exceed eight inches in depth. Backfilling shall be placed to within 5 1/2 inches of the surface. F. A temporary paving of coldpatch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period of 90 days. G. On a concrete base street, such base shall be replaced with concrete, and the minimum size of the opening or excavation shall be 16 square feet. H. During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in safe and passable condition both day and night by guards, barriers, lanterns, and other devices, and all excavating permits granted hereunder are granted under the subject to the express condition that the person to whom the same is issued shall indemnify, save, and keep harmless the Township of Dallas from any loss in damage, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion, or other injury from any pipe, apparatus, conduit or any other matter placed in the said excavation. I. The applicant shall notify the Board of Supervisors when the opening or excavation is ready for backfilling before any backfilling is done, when backfilling work is completed, when the temporary paving has been installed, and when the street has been permanently restored so that inspections may be made. J. In the event that any work performed by or for a permit holder shall, in the opinion of the Board of Supervisors, be unsatisfactory and the same shall not be corrected in accordance with its instructions within the time fixed, or in the event that the work for which the permit was granted is not completed within the time fixed by the Board of Supervisors, the Township of Dallas may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus 20% to the applicant.
§ 74-13. Emergency openings. In the case of any leak, explosion, or other accident in any subsurface pipe, line, construction, or apparatus, it shall be lawful for the person owning or responsible for such pipe, line, construction, or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this part are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Board of Supervisors shall proceed to
74:184 § 74-13 STREETS AND SIDEWALKS § 74-18 do the work necessary and required by such emergency, and charge the owner or person responsible for such pipe, line, construction, or apparatus on the basis of cost plus 20%.
§ 74-14. Restrictions regarding trees and shrubbery. The permission herein granted does not confer upon the permittee or its contractors the right to cut, remove, or destroy trees or shrubbery within the legal right-of-way.
§ 74-15. Work necessitating opening or excavation to be done prior to street improvement and not until five years thereafter. The Board of Supervisors shall give timely notice to all persons owning property abutting on any street within the Township of Dallas about to be paved or improved, and to all public utility companies operating in the Township of Dallas, and all such persons and utility companies shall make all water, gas, or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street, within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Board of Supervisors. New paving shall not be opened or excavated for a period of five years after the completion thereof, except in case of emergency. If it is sought to excavate upon or open a sewer within five years after the completion of the paving, the applicant shall make written application to the Board of Supervisors, and a permit for such opening shall be issued only after express approval of the Board of Supervisors.
§ 74-16. Permittee responsibilities for future relocation work. If at any time in the future the roadway is widened or reconstructed, or the alignment or grades are changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway, at its own cost and expense.
§ 74-17. Conditions for laying and extending utility lines. No new water, sewer, steam, or gas main, or electric, telephone, or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township of Dallas, until the plan is filed and the exact location of such main or line has been approved by the Board of Supervisors. The Board of Supervisors will not approve the locating of any such main or line at a depth of less than 30 inches from the surface of the street unless it is convinced that locating the same at a depth of more than 30 inches from the surface is impossible or impractical.
§ 74-18. Bond required. No company, corporation, or association shall dig up any street or alley without first giving to the Township of Dallas financial security in either 74:185 § 74-18 DALLAS CODE § 74-22 the form of cash or an irrevocable letter of credit, as surety in the sum determined by the schedule of fees, as prepared annually by the Township Engineer, conditioned for the faithful performance of these provisions, and also for any and all damages, claims, demands, suits, costs, and counsel fees occasioned or arising from the digging up, opening, or closing of said streets and alleys. A bond may be substituted as financial security in certain circumstances if approved by the Board of Supervisors.
§ 74-19. Payment for work done by Township. Payment for all work done by the Township of Dallas under the provisions hereof shall be made by the person made liable under the provisions hereof within 30 days after a bill is sent to such person by the Township of Dallas. Upon failure to pay such charges within such time, the same shall be collectible by the Township of Dallas by an action or in the manner provided by law for the collection of municipal claims.
§ 74-20. Violations and penalties. Any person, firm, or corporation who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs, and in default of payment of said fine and costs, imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
§ 74-21. Applicability. The provisions of this article shall not apply to laying sidewalks or curbs.
§ 74-22. Declaration of purpose. It is declared that enactment of this article is necessary for the protection, benefit, and preservation of the health, safety, and welfare of inhabitants of this Township.
74:186 § 74-22 STREETS AND SIDEWALKS § 74-22
Chapter 77
SUBDIVISION AND LAND DEVELOPMENT
GENERAL REFERENCES
Floodplain management — See Ch. 47. Stormwater management — See Ch. 72.
Sewers — See Ch. 64. Zoning — See Ch. 95.
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§ 77-1 STREETS AND SIDEWALKS § 77-3
ARTICLE I General Provisions
§ 77-1. Title. This chapter shall be known and cited as the "Dallas Township Subdivision and Land Development Ordinance."
§ 77-2. Authority. The Dallas Township Board of Supervisors hereby confers the authority for the approval or disapproval of all subdivisions and land developments as set forth in this chapter to the Dallas Township Planning Commission.
§ 77-3. Community development objectives. This chapter has been adopted to protect and promote the health, safety, and general welfare of the Township, and by establishing regulations to allow for the proper and controlled development of the Township, to provide for environmental protection and to ensure the proper provision of community facilities. Regulations for specific types of development for which additional standards have been deemed necessary are intended to protect the rights of the residents of the Township to enjoy clean air, pure water, and the natural, historic, and aesthetic value of the environment. Through the adoption, administration and enforcement of this chapter, Dallas Township proposes to create conditions favorable to promote the health, safety, and general welfare of the Township with regulations aimed at achieving the following objectives: A. Preservation of natural features such as agricultural land, woodlands, wetlands, watercourses, bodies of water, riparian lands and historical and cultural features and/or resources, such as buildings and stone walls, that maintain the attractiveness and value of the land. B. To provide a standard set of minimum regulations to guide applicants in the design and development of subdivisions and land developments.
C. To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population. D. To protect and conserve the value of land throughout the Township and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings. E. To ensure that public facilities are available and will have a sufficient capacity to serve a proposed subdivision or land development. F. To provide the opportunity for a wide-range and variety of housing types to meet the needs and affordability of all Township residents, newly formed households, growing families and senior citizens.
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G. To establish reasonable standards of design and procedures for subdivisions and land developments in order to further the orderly layout and use of land and to ensure proper legal descriptions and monumentation of proposed subdivisions and land developments. H. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities. I. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the Township, with particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines. J. To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the prudent use and management of natural resources throughout the Township in order to preserve the integrity and stability of the community and the natural environmental characteristic of the land. K. To protect and regulate land in critical areas which may be unsuitable for development.
§ 77-4. Applicability. A. Grading: No person, firm or corporation proposing to make or have made a subdivision within the area of jurisdiction of these regulations shall proceed with any grading or other change in the level or contours of the land or streets before obtaining from the Planning Commission the approval of the preliminary plan of the proposed subdivision, and no lots shall be delivered or agreements for sale made for lots in any subdivision before obtaining from the Commission the approval of the final plan of the proposed subdivision.
B. Access; drainage; geology: No land shall be subdivided for residential use unless adequate access to the land over adequate streets or thoroughfares exists or will be provided by the subdivider, or unless such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole. C. No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil, or electric transmission line, or other facilities in connection therewith, shall be laid out, constructed, opened, or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter.
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D. No lot in a proposed subdivision or land development may be sold and no zoning and/or building permit to erect any building, structure or other improvements upon land in a subdivision or land development may be issued unless and until each of the following conditions is met: (1) The plans and application have been granted final approval by the Township Planning Commission. (2) All required conditions and/or improvements as set forth in the grant of approval have been met and required improvements have been constructed or until the applicant has posted a form of financial security acceptable to the Planning Commission which guarantees that all required improvements shall be subsequently constructed within a defined period of time. (3) The final plan, as approved, is filed and recorded with the Luzerne County Recorder of Deeds.
§ 77-5. Effect of ordinance changes upon plans. A. Pending action. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment to the Township subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. B. Project completion and effect of litigation. When an application for approval of a plat, whether preliminary or final, has been approved under the terms of this chapter without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment to the subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered
74:191 § 77-5 DALLAS CODE § 77-5
and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired; provided, however, that no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application. C. Five-year commencement period. Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans in existence at the time when the application for such approval was duly filed. D. Substantially completed improvements. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the Planning Commission, no change to a Township ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to density, lot, building, street or utility location. E. Installation of improvements beyond five years. In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Planning Commission in its discretion. F. Phases. Each phase in any residential subdivision or land development, except for the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Planning Commission in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply, and for any section or sections, beyond the initial phase, in which the required improvements have not been substantially completed within said five- year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each phase. G. Failure of compliance by landowner. Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes to subdivision or other governing ordinance or plan enacted by the
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Township subsequent to the date of the initial preliminary plan submission.
§ 77-6. Resubdivision of land. A revision or resubdivision of a plan of record and/or lot of record shall be considered as a new subdivision and shall come under the jurisdiction of this chapter.
§ 77-7. Interpretation. A. In the interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. When provisions, standards and specifications of this chapter differ from those of any other ordinance, statute or regulation, the more restrictive or higher standards shall apply. B. The provisions of this chapter are not intended to abrogate any private easement, covenant or any other restriction of record, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other restriction, the applicable provisions of this chapter shall govern.
§ 77-8. Modification of required standards. A. The provisions of this chapter are intended as a minimum standard for the protection of the public health, safety, and welfare. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of the Planning Commission, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Planning Commission may grant a waiver from such mandatory provision so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver/modification shall not have the effect of making null and void the intent and purpose of this chapter. B. All requests for waivers/modifications shall be in writing, shall accompany and be made a part of the development application, and shall include: (1) The specific sections of this chapter in question. (2) Provisions for the minimum modification necessary as an alternate to the requirements. (3) Justification for the waiver/modification, including the full grounds and facts of unreasonableness or hardship.
74:193 § 77-8 DALLAS CODE § 77-9
C. All proposals for waiver/modification of provisions or requirements of this chapter shall require final approval by the Planning Commission. In cases of proposals for waiver/modification of provisions or requirements of this chapter for a major subdivision or major land development such request shall be subject to initial review and recommendation of the Planning Commission. D. If the request is denied, the applicant shall be notified in writing of the basis for denial. Based upon vested authority, if the Planning Commission grants the request, the final record plan shall include a note which identifies the waiver/modification as granted. The Planning Commission shall keep a written record of all actions on all requests for waivers/modifications.
§ 77-9. Fees. A. Establishment of fees. The Dallas Township Board of Supervisors shall establish by resolution a fee schedule for subdivision and land development applications. Said fee schedule shall cover all costs incurred by the Township associated with the processing and review of all plans and documents and all plan and document revisions. Such costs may include, but not be limited to, Township administrative costs and the reasonable and necessary charges by the Township's professional consultants, as defined and authorized by §§ 503(1) and 510(g) of the Pennsylvania Municipalities Planning Code.52 Professional consultants shall include, but shall not be limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects, and planners. B. Application fees. In accordance with the adopted fee schedule, an applicant at the time of the filing an application shall pay to the Township the required fee representing the administrative fee for filing said application. Said fee shall be separate and distinct from review and inspection fees. C. Review and inspection fees. At the time of the filing of any application, the applicant shall pay to the Township a fee deemed sufficient to cover the cost of: (1) Reviewing compliance with ordinance requirements and engineering details. (2) Inspecting property or the site for conformance. (3) Evaluating cost estimates of required improvements. (4) Inspection of required improvements during installation. (5) Final inspection or reinspection on completion of installation of required improvements.
52.Editor's Note: 53 P.S. § 10101 et seq. 74:194 § 77-9 STREETS AND SIDEWALKS § 77-10
(6) Fees charged for other related consulting services. (7) Any other review costs incurred by the Township. D. Supplemental fees and adjustment. If the review fees collected at the time of application are not sufficient to cover the cost of engineering services and other related professional consulting services incurred by the Township, an additional fee shall be collected from the applicant prior to any action on the plan. If after Township action on the plan any review fees remain, there shall be a refund made to the applicant of the balance within 30 days of action on the plan. E. County fees. The applicant shall also be required to pay for all required fees for review and comment by the Luzerne County Planning Commission. F. Filing date and payment of fees. A completed application and plans for any proposed subdivision or land development shall not be considered as filed until all fees are paid and all applications are properly signed.
§ 77-10. Violations and penalties. A. Preventive remedies. In addition to other remedies, the Township may institute and maintain appropriate actions by law or equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds to the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. (1) The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. The authority to deny such a permit or approval shall apply to any of the following applicants: (a) The owner of record at the time of such violation.
(b) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. (c) The current owner of record who acquired the property subsequent to the time of violation without regard as to whether the current owner had actual or constructive knowledge of the violation. (d) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
74:195 § 77-10 DALLAS CODE § 77-11
(2) As an additional condition for the issuance of a permit or granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property. B. Jurisdiction. District Justices shall have initial jurisdiction in proceedings brought hereunder. C. Enforcement remedies. (1) Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor under civil enforcement proceedings commenced by the municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the municipality as a result of such proceedings. No judgment shall be commenced or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation. (2) Nothing contained within this section shall be construed or interpreted to grant any person or entity other than the municipality the right to commence action for enforcement pursuant to this section.
§ 77-11. Amendment procedure. A. The regulations set forth in this chapter may, from time to time, be amended by the Dallas Township Board of Supervisors. The following requirements shall be observed prior to enacting any amendments to this chapter.
B. A public hearing on the proposed amendment shall be held by the Board of Supervisors pursuant to public notice. C. In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit such amendment to the Planning Commission not less than 30 days prior to the public hearing. D. The proposed amendment shall be submitted to the Luzerne County Planning Commission not less than 30 days prior to the public hearing. E. The proposed amendment shall not be enacted unless public notice is given which shall include the time and place of the meeting at which passage will be considered and a reference to a place within the municipality where copies of the proposed amendment may be
74:196 § 77-11 STREETS AND SIDEWALKS § 77-16
examined without charge or obtained for a charge not greater than the cost of reproduction. F. Public notice of the proposed amendment shall include the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor, setting forth all the provisions in reasonable detail. If the full text is not provided, a copy shall be supplied to the newspaper in which the public notice is placed and an attested copy shall be placed on file at the Luzerne County Law Library. G. Within 30 days following the adoption of an amendment to this chapter, the Township shall forward a certified copy of the amendment to the Luzerne County Planning Commission.
§ 77-12. Pennsylvania Municipalities Planning Code amendments. The provisions of this chapter that only reference provisions of the Pennsylvania Municipalities Planning Code shall be deemed to be automatically superseded and replaced by any applicable amendments to such provisions of the Pennsylvania Municipalities Planning Code at the date such amendments become effective as state law.
§ 77-13. Appeals to court. Decisions rendered by the Planning Commission may be appealed to a court of proper jurisdiction in accordance with the procedures, provisions and time limitations as contained in Article X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
§ 77-14. Conflicts with other ordinances. All ordinances, or any parts thereof, which are inconsistent or in conflict with this chapter are hereby repealed to the extent of such conflict.
§ 77-15. Severability. The provisions of this chapter are severable. If any part of this chapter is declared to be unconstitutional, illegal or invalid, the validity of the remaining provisions shall be unaffected thereby. It is the intention of Dallas Township that this chapter would have been adopted had such unconstitutional, illegal or invalid part not been included.
§ 77-16. Effective date. This chapter shall be in force and effect from and after its enactment as provided for by law.
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§ 77-17 STREETS AND SIDEWALKS § 77-19
ARTICLE II Definitions
§ 77-17. General interpretation. Words used in the present tense include the future. Words in the masculine gender include the feminine and the neuter. The singular includes the plural, and the plural the singular. The word "may" is permissive. When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise, or unless the context clearly indicates otherwise.
§ 77-18. Terms or words not defined. When terms, phrases, or words are not defined, they shall have the meaning as defined in The Latest Illustrated Book of Development Definitions (H. S. Moskowitz and C. G. Lindbloom; Rutgers, The State University of New Jersey, 2004) or, if not defined therein, they shall have their ordinarily accepted meanings or such as the context may imply.
§ 77-19. Definition of terms. For the purpose of this chapter, the following words, terms, and phrases have the meaning indicated herein: ABUT — Next to or adjacent to, and includes the words "directly across from streets, natural features, and rights-of-way." ACRE — Forty-three thousand five-hundred-sixty square feet. ADJACENT — A state of being side by side, next to, adjoining, contiguous, or abutting one to another, and includes the words "directly across from streets, natural features, and rights-of-way." ADMINISTRATOR — The Zoning Officer for Dallas Township is designated as the administrator under this chapter. The administrator is authorized to accept and receive subdivision and land development plans and applications for and on behalf of Dallas Township. ALLEY — A public or private right-of-way affording secondary means of access to abutting property. APPLICANT — A landowner or developer who has filed an application for a subdivision or land development, including his heirs, successors and assigns. BASE FLOOD ELEVATION — The highest elevation, expressed in feet above mean sea level, of the floodwaters of a one-hundred-year flood, as projected and delineated upon the most recent official Flood Insurance Rate Map published by the Federal Insurance Administration. BLOCK — A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity to development.
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BOARD OF SUPERVISORS — The Dallas Township Board of Supervisors, Luzerne County, Pennsylvania. BUILDING — Any structure built for the support, shelter, or enclosure of persons, animal, or property of any kind. BUILDING SETBACK LINE — The minimum distance as required in the Zoning Ordinance53 between any building or structure to the front, rear, or side property. CARTWAY (ROADWAY) — The portion of a street right-of-way, paved or unpaved, intended for vehicular use, including the travelway and shoulders. CATCH BASIN — An inlet designated to intercept and redirect surface stormwater. CLEAR SIGHT TRIANGLE — An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines. COMPREHENSIVE PLAN — The most recent Comprehensive Plan, and any amendments thereto, as adopted by the Dallas Township Board of Supervisors. COMMON OPEN SPACE — A parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use and enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public or community facilities. COMMUNITY ASSOCIATION — A nonprofit organization comprised of homeowners or property owners, the function of which is to maintain and administer property owned in common by members of the association or by the association, to protect and enhance the value of the property owned individually by each of the members. Homeowners' associations and condominium associations are types of community associations.[Added 6-17-2008 by Ord. No. 2008-2] CONDOMINIUM — Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separate portions, in accordance with the Pennsylvania Uniform Condominium Act 1980-82, as amended.54[Amended 6-17-2008 by Ord. No. 2008-2] CONSERVATION EASEMENT — A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited compatible uses such as agriculture and forestry. CONSTRUCTION PLANS — The maps or drawings accompanying a subdivision or land development plan and showing the specific location and design of improvements to be installed in accordance with the requirements
53.Editor's Note: See Ch. 95, Zoning. 54.Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. 74:200 § 77-19 STREETS AND SIDEWALKS § 77-19 of this chapter and in accordance with any terms or conditions as set forth by the Planning Commission. COUNTY — Luzerne County, Pennsylvania. COUNTY PLANNING COMMISSION — The Luzerne County Planning Commission. COVENANT — A restriction on the use of land usually set forth in the deed. A covenant usually runs with the land and the restrictions thereunder are binding upon subsequent owners. CRITICAL AREA — An area with one or more of the following characteristics: 1) slopes in excess of 20%; 2) floodplain and/or wetlands; 3) soils classified as having a high water table; 4) soils classified as highly erodible, subject to erosion or highly acidic; 5) land incapable of meeting percolation requirements. CULVERT — A drain, ditch, or conduit not incorporated in a closed system that carries storm drainage water under a driveway, roadway, or railroad. DAMA — The Dallas Area Municipal Authority. DEDICATION — The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. DEVELOPER — Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or caused to be made a subdivision of land or a land development. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. DEVELOPMENT PLAN — The provisions for development included within an application for a subdivision and/or land development, including all covenants relating to use; location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities; common open space, easements and public facilities. The phrase "development plan" shall mean the written and graphic materials referred to in this definition. DISTRICT or ZONING DISTRICT — A portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. DISTURBANCE — Any action which results in the cutting or removal of vegetation on any land and/or which results in the turning, displacement, grading or removal of any soil. DISTURBED AREA — Any area of land on which the vegetation has been cut or removed and/or where the soil has been turned, displaced, graded or removed.
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DRAINAGE — Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development. DRAINAGE EASEMENT — An easement required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility. DRAINAGE FACILITY — Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision, land development, or contiguous land areas. DRIVEWAY — A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having a frontage on the road. DWELLING — A building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels and boardinghouses and dormitories. DWELLING, MULTIFAMILY — A single building containing three or more individual dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSE) — A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. DWELLING, SINGLE-FAMILY, DETACHED — A residential building containing not more than one dwelling unit. DWELLING, TWO-FAMILY — A residential building containing two dwelling units entirely separated from each other by vertical walls or horizontal floors, excluding possible common access to enter/exit the building or for access to a common cellar or basement. DWELLING UNIT — One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by the family residing therein. EARTH DISTURBANCE ACTIVITY — Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
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EASEMENT — A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. ENGINEER — A registered professional engineer licensed and registered as such by standards established by the Commonwealth of Pennsylvania. FINAL APPROVAL — Last official action of the Planning Commission granting approval of a subdivision or land development which has been granted preliminary approval, after all conditions and requirements have been met, including, as applicable, the installation of all required improvements or the posting of an improvement bond to guarantee the installation of such. FLAG LOT — A lot with access to the bulk of the lot provided by a narrow corridor from the adjoining public road. FLOOD — A temporary condition of partial or complete inundation of normally dry land areas occurring from the overflow of inland waters and/or the unusual and rapid accumulation of runoff and surface waters from any source. FLOOD-FRINGE — The portion of a one-hundred-year floodplain outside of the floodway, as delineated upon the most recent Flood Hazard Boundary Maps as published by the Federal Insurance Administration. FLOOD HAZARD BOUNDARY MAP — The most recent map, as published by the Federal Insurance Administration, which delineates the boundaries of the floodway and flood-fringe of a one-hundred-year floodplain. FLOOD INSURANCE RATE MAPS — The most recent map, as published by the Federal Insurance Administration, which delineates areas of special flood hazards, base flood elevations and applicable risk premium zones of a one-hundred-year floodplain. FLOODPLAIN ONE-HUNDRED-YEAR FLOODPLAIN — Areas of land which are subject to inundation by waters of a one-hundred-year flood. The source of delineating the boundaries of a one-hundred-year floodplain shall be based upon the most recent maps of the Flood Insurance Administration. FLOODPROOFING — A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings. FLOODWAY — The portion of a one-hundred-year floodplain, as delineated upon the most recent Flood Hazard Boundary Maps as published by the Federal Insurance Administration, which is designated to carry and discharge water and flow of a one-hundred-year flood without increasing the water surface elevation by more than one foot at any given point. GOVERNING BODY — The Dallas Township Board of Supervisors. GRADE — The slope of a road, street or other public or private way, specified in percentage terms.
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GRADING — Any stripping, gutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. HIGHWAY OCCUPANCY PERMIT — A permit issued by Dallas Township, the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department which authorizes access from a parcel of land onto a street or highway which is under its jurisdiction. HOMEOWNERS' ASSOCIATION — A non-profit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community owned property. This term is synonymous with property owners' association.[Amended 6-17-2008 by Ord. No. 2008-2] IMPACT ANALYSIS — A study which may be required by the Planning Commission prior to approval of a subdivision or land development to determine the potential impact of a proposed development on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the health, safety and welfare of residents and other factors directly, indirectly or potentially affected. The landowner and/or applicant shall be responsible for all costs related to the preparation of any and all reports and/or studies required by the Planning Commission under or within the context of the term "impact analysis." The landowner and/or applicant shall also be responsible to fully reimburse the Township for any engineering and/or other consulting fees which are incurred for the review of any required studies or reports. IMPROVEMENT BOND — Financial security which may be accepted by the Township in lieu of a requirement that certain improvements be completed by a developer before a plat is approved, including a letter of irrevocable credit, a cash deposit, an escrow agreement or other similar collateral or surety agreements as approved by the Township. IMPROVEMENTS — Man-made physical additions, alterations and/or changes including grading, filling or any earth disturbance activity which becomes part of, placed upon, or is affixed to real estate.[Amended 6-17-2008 by Ord. No. 2008-2] LAND DEVELOPMENT — The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: A. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure. B. The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. C. A subdivision of land.
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D. The conversion of an existing single-family detached dwelling or single- family semidetached dwelling into more than three residential units. Any conversion described above that is intended to be a condominium shall be exempt from classification as a land development. E. Any use of land, with or without structures, which encompasses 43,560 or more square feet of surface area of land, including grading, backfilling of land, earth-moving activities, and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded. [Amended 6-17-2008 by Ord. No. 2008-2] F. The development of a mobile home park or the expansion of an existing mobile home park within the context of the definition of said term as contained within this chapter. LAND DEVELOPMENT, MAJOR — A land development which does not qualify or classify as a minor land development. LAND DEVELOPMENT, MINOR — A development of a parcel of land which contains not more than two detached single-family residential structures, whether developed initially or cumulatively. LANDOWNER — The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land, shall be deemed to be a landowner for the purpose of this chapter. LAND SURVEYOR — A person who is licensed and registered by the Commonwealth of Pennsylvania, which qualifies said person to perform accurate field measurements including the description and definition of land boundaries. LOT — A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. LOT AREA — The total area within the lot lines of a lot, excluding any street rights-of-way. LOT, CORNER — A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street, forming an interior angle of less than 135°. LOT COVERAGE — That portion of the lot that is covered by buildings and structures. LOT DEPTH — The distance measured from the front lot line to the rear lot line. LOT, DOUBLE FRONTAGE — A lot extending between and having frontage on two streets with vehicular access limited to one street. If the streets
74:205 § 77-19 DALLAS CODE § 77-19 are of different classification, vehicular access is limited to the street of the lesser classification. LOT, FLAG — A lot with access to the bulk of the lot provided by a narrow corridor from the adjoining public road. LOT FRONTAGE — The length of the front lot line measured at the street right-of-way line. LOT INTERIOR — A lot other than a corner lot. LOT LINE — A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. LOT LINE ADJUSTMENT — A minor subdivision involving the revision or deletion of one or more lot lines in such a way that all of the following are true: A. No new lots will be created beyond what was previously approved. B. No additional street segments or significant changes in alignment are proposed other than what was previously approved. C. No additional nonconformities will be created under the Township Zoning Ordinance.55 D. No new land development will occur other than a land development that was previously approved. LOT LINE, FRONT — The lot line separating a lot from a street right-of-way. LOT LINE, REAR — The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot. LOT LINE, SIDE — Any lot line other than a front or rear lot line. LOT, MINIMUM AREA OF — The smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular zoning district. LOT, THROUGH — A lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. LOT WIDTH — The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated or as may be specified in this chapter. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. In the case of flag lots, the width measurement shall not include the access corridor but shall be made on the main portion of the lot. MOBILE HOME — A transportable, single-family dwelling intended for permanent occupancy and contained in one unit, or two units designed to
55.Editor's Note: See Ch. 95, Zoning. 74:206 § 77-19 STREETS AND SIDEWALKS § 77-19 be joined into one integral unit, 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 when connected to required utilities. MOBILE HOME LOT — A parcel of land in a mobile home park, improved with the necessary utility connection and other appurtenances necessary for the erection thereon of a single mobile home, which is leased or rented by the park owner to the occupants of the mobile home erected on the lot. MOBILE HOME PARK — A site with required improvements and utilities for the long-term placement of mobile homes, which may include services and facilities for the residents. MULTIPHASE DEVELOPMENT — A development project that is proposed to be constructed in stages at the time of preliminary approval, with each stage being capable of existing independently of the others. MUNICIPALITY — Dallas Township, Luzerne County, Pennsylvania. NATURAL DRAINAGE FLOW — The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading. NONCONFORMING LOT — A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. NONCONFORMING STRUCTURE OR BUILDING — A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. NONCONFORMING USE — A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. OFFICIAL MAP — The Municipal Map adopted by ordinance conclusively showing the location of the lines of existing and proposed public streets, watercourses, and public grounds, including the widening, narrowing, extension, diminution, opening or closing of the same, for the entire Township. OFFICIAL SOIL MAP — Soil survey maps of Luzerne County as provided by the Luzerne County Conservation District. OFFICIAL SOILS INTERPRETATION — The written description of soil types and their characteristics and accompanying maps based upon soil survey maps of Luzerne County, as provided by the Luzerne County Conservation District.
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ONE-HUNDRED-YEAR FLOOD — A flood that, on the average, is likely to occur once every 100 years and has a one-percent chance of occurring each year. ONE-HUNDRED-YEAR FLOODPLAIN — The areas within the Township that have a one-percent chance of being flooded in any given year based upon the most recent data and maps as provided by the Federal Insurance Administration. OPEN SPACE, COMMON — Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include complementary structures and improvements which are deemed appropriate to the development. ORDINANCE — The Dallas Township Subdivision and Land Development Ordinance and any amendments thereto. PA DEP — The Pennsylvania Department of Environmental Protection. PENNDOT — The Pennsylvania Department of Transportation. PERFORMANCE GUARANTEE — A written instrument which may be accepted by the Planning Commission in lieu of a requirement that certain improvements be made by a developer before the final plan is granted final approval and released for recording, which shall provide for the deposit with the Township of financial security in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, roads, sanitary sewage facilities, water supply and distribution facilities, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements and buffer or screen planting which may be required. PERSON — An individual, partnership, organization, association, trust or corporation. When used in a provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation. PLAN or PLAT — A map or drawing indicating the subdivision or resubdivision of land or a land development which in its various stages of preparation includes the following: A. SKETCH PLAN — An informal plan identified as such with the title "sketch plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal, to be used as a basis for consideration by the Township. B. PRELIMINARY PLAN — A complete plan identified as such with the wording "preliminary plan" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional"). C. FINAL PLAN — A complete and exact plan identified as such with the wording "final plan" in the title, with a qualified professional's seal 74:208 § 77-19 STREETS AND SIDEWALKS § 77-19
(see definition of "qualified professional") affixed, and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements. D. RECORD PLAN — The copy of the final plan which contains the original endorsements of the Township and which is intended to be recorded with the County Recorder of Deeds. PLANNING COMMISSION — The Planning Commission of Dallas Township. PROFESSIONAL CONSULTANT(S) — A person or persons who provides expert or professional advice, including but not limited to architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners. PUBLIC HEARING — A formal meeting held pursuant to public notice, intended to inform and obtain public comment prior to taking action on a particular subject. PUBLIC NOTICE — A notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. QUALIFIED PROFESSIONAL — An individual authorized to prepare plans pursuant to § 503(1) of the MPC, which states that plats and surveys shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the Act of January 24, 1966 (P.L. 1527, No. 535), known as the "Landscape Architects Registration Law," when it is appropriate to prepare the plat using professional services set forth in the definition of the "practice of landscape architecture" under Section 2 of that Act. RESUBDIVISION — A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved therein for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. RETAINING WALL — A structure constructed to hold back or support an earthen bank. RIGHT-OF-WAY — A defined and designated area for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, or alley, and including both cartway and shoulders. SANITARY SEWER — Pipes that carry only domestic or commercial sewage and into which stormwaters, surface waters and groundwaters are not intentionally admitted.
74:209 § 77-19 DALLAS CODE § 77-19
SEDIMENTATION — The depositing of earth or soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion. SEPTIC SYSTEM — An underground system with a septic tank used for the decomposition of domestic wastes, in which bacteria in the wastes decompose the organic matter and the sludge settles to the bottom. The effluent flows through drains into the ground. Sludge is pumped out at regular intervals. SEPTIC TANK — A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof, and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area. SEWAGE DISPOSAL SYSTEM — A. CENTRALIZED — A publicly or privately owned and operated utility system or other system designed to collect, centrally treat (with a sewage treatment plant or similar process) and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township. B. COMMUNITY — A publicly or privately owned and operated utility system or other system designed for the collection of sewage from two or more lots and for the treatment and disposal of the sewage on one or more lots, or at any other site, by on-site subsurface (into the soil) disposal systems and techniques in compliance with regulations of the appropriate state agency and of the Township. C. INDIVIDUAL (ON-LOT) — A utility system or other system designed to collect and to biochemically treat sewage into the soil within the boundaries of an individual lot. SEWAGE TREATMENT PLANT — A sanitary sewage collection and treatment system meeting the requirements of the Pennsylvania Department of Environmental Protection in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system which may be publicly or privately owned and operated, and which uses mechanical, biological and chemical processes to treat and dispose of domestic sewage in accord with PA DEP Rules and Regulations involving an effluent discharge to surface waters. SITE — A plot or parcel of land or combination of contiguous lots or parcels of land. SIGHT DISTANCE — The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. SHOULDER — The improved portion of a street immediately adjoining the travelway. SOIL EROSION AND SEDIMENTATION CONTROL PLAN — A plan that indicates necessary land treatment measures, as approved by the Luzerne 74:210 § 77-19 STREETS AND SIDEWALKS § 77-19
County Conversation District, designed to effectively minimize soil erosion and sedimentation. STORM SEWER — A pipe that collects and transports rainwater, surface water, and other liquid waste exclusive of sewage. STREET — A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, drive, lane, boulevard, highway, road and alley. A. ARTERIAL — Designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with very restricted vehicular access to abutting properties. B. COLLECTOR STREET — Designed to carry a moderate volume of traffic between local streets and arterials, and provide only limited vehicular access to the abutting properties. C. LOCAL STREET — Provide direct access to abutting properties and provide routes to collector streets. D. LOOP STREET — A local street that has its only ingress and egress at two points along the same collector street of its origin. E. MARGINAL ACCESS STREET — A type of local street parallel and adjacent to an arterial or collector streets that provides access to abutting properties. F. CUL-DE-SAC — A local street with a single common ingress and egress and with a turnaround located at its end. STRUCTURE — Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. 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 divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, 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 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempt from being defined as a subdivision; provided further that any proposed lot line adjustment as so defined in this chapter for the purpose of the unification of two more lots into a single lot shall constitute a subdivision.[Amended 10-15-2013 by Ord. No. 2013-1] A. SUBDIVISION, MAJOR — Any subdivision which does not qualify or classify as a minor subdivision. B. SUBDIVISION, MINOR — A subdivision of a parcel of land into not more than three lots, including the existing lot of record, which has
74:211 § 77-19 DALLAS CODE § 77-19
direct access to and fronts upon an existing public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements, does not adversely affect the remainder of the parcel or adjoining property and does not conflict with the Comprehensive Plan. C. SUBDIVISION, MINOR — Also see "lot line adjustment." SUBSTANTIALLY COMPLETED — The point at which, in the judgment of the Municipal Engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. TRAVELWAY — The portion of the cartway used for normal movement of vehicles. WATERCOURSE — A permanent or intermittent stream, river, brook, creek, or channel or ditch for collection and conveyance of water, whether natural or man-made. WATERCOURSE, NATURAL — Any stream, creek, river, channel or similar waterway in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks. WATER TABLE — The upper surface of groundwater or that level below which the soil is seasonally saturated with water. WETLANDS — Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. Said areas shall also meet the most current applicable state and federal regulated by the PA DEP and the U.S. Army Corps of Engineers. YARD — An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance. A. FRONT YARD — A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. B. REAR YARD — A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. C. SIDE YARD — A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building.
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ZONING OFFICER — An administrative officer authorized to administer the literal terms and provisions of the Zoning Ordinance. ZONING ORDINANCE — The governing Zoning Ordinance56 of Dallas Township and any amendments thereto. ZONING PERMIT — A permit issued indicating that a proposed use, building or structure is in accordance with the Zoning Ordinance which authorizes an applicant to proceed with said use, building.
56.Editor's Note: See Ch. 95, Zoning. 74:213
§ 77-20 STREETS AND SIDEWALKS § 77-21
ARTICLE III Procedural Requirements
§ 77-20. Review and approval process. A. The submission and review process for subdivision and land development applications shall be in accordance with the following: (1) Sketch plan. Sketch plans are not required but are very strongly encouraged for all types of major subdivisions and land developments to facilitate the formal plan submission and review process. (2) Preliminary plans for major subdivisions/land developments. Major subdivisions/land developments require preliminary and final approval. Preliminary plans cannot be approved until all the requirements of this chapter are satisfied by detail on the plans or conditions of approval for such compliance are applied. Unconditioned preliminary plan approval authorizes the applicant to proceed to completion of the subdivision/land development as detailed on the plans. (3) Final plans for major subdivisions/land developments. Final plans for major subdivisions/land developments cannot be submitted until all conditions of approval have been satisfied, and lots in the subdivision cannot be sold until final plan approval is granted. The applicant has the option of completing the improvements or providing a financial guarantee for the completion. (4) Minor subdivisions/land developments. Minor subdivisions require only final plan approval. B. The applicant or a duly authorized representative shall attend all meetings where any submitted plan is on the agenda. No action will be taken in the absence of the applicant or representative, and failure of appearance shall constitute grounds for denial of the application if the time for Township action is due to expire.
§ 77-21. Sketch plan review. A. Prior to submitting a major subdivision application or a land development application, the applicant is encouraged, but not required, to submit a sketch plan to the Planning Commission in accordance with the process and procedures as set forth herein. The submission and review of a sketch plan shall not constitute the filing of an application for plan review and approval of a subdivision or land development. The purpose of the sketch plan is to: (1) Avoid costly revisions to detailed preliminary plans prepared before a general consensus on the layout is reached with the Township.
74:215 § 77-21 DALLAS CODE § 77-23
(2) Identify the overall objectives of the applicant's development using a diagrammatic approach showing broad areas of development. (3) Assist applicants and officials to develop a better understanding of the property. (4) Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Ordinance. (5) Ensure that the plan generally conforms with the provisions of this chapter. (6) Demonstrate compliance with any design parameters deemed necessary by the Township for conformance to objectives as set forth in Article I of this chapter. B. The Planning Commission shall provide advice and comment on the necessary requirements to achieve conformity to the standards and provisions of this chapter and other applicable related regulations.
§ 77-22. Submission of plans and applications. The applicant shall provide the following information to the Administrator not less than 21 days prior to the next regularly scheduled meeting of the Planning Commission: A. Ten prefolded copies of the plan (sketch, preliminary or final). B. Ten prefolded copies of construction plans (if applicable). C. A completed subdivision or land development application with original signatures and nine copies of the same. D. A completed planning module, if applicable, as required by the Pennsylvania Department of Environmental Protection and 10 copies of the same.
§ 77-23. Distribution of plans. A. The Administrator shall provide each member of the Planning Commission a copy of the complete set of plans (preliminary or final), a copy of the subdivision/land development application, and a copy of the DEP planning module. B. The applicant, based upon policy established by the Township, shall distribute, as applicable, and provide the Township with dated written verification of the same, copies of complete sets of plans (preliminary or final), a copy of the application and the DEP planning module to the following agencies and officials for review, comment and approval: (1) The Luzerne County Planning Commission. (2) The Dallas Area Municipal Authority. 74:216 § 77-23 STREETS AND SIDEWALKS § 77-26
(3) The Pennsylvania Department of Environmental Protection. (4) The Luzerne County Conservation District. (5) The Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department if a proposed subdivision or land development fronts upon or is to have access to a road under its jurisdiction. (6) The Dallas Area School District. (7) Adjoining municipalities that have a common border with the proposed subdivision and/or land development. C. The applicant shall be responsible to ensure that copies of the plan and supporting material are provided to all applicable utility companies intended to service the site. D. The applicant shall pay any applicable fees related to the review and inspection of other agencies and parties provided under § 77-23B.
§ 77-24. Luzerne County review. The Dallas Township Planning Commission shall not approve any subdivision or land development plans or application until a report containing the comments and recommendations of the Luzerne County Planning Commission is received or until the expiration of 30 days from the date said plans and application were forwarded to the Luzerne County Planning Commission. The applicant shall pay all review fees required by the Luzerne County Planning Commission.
§ 77-25. Installation or guarantee of required improvements. Prior to approving the final plan of a major subdivision or a major land development in which the approval was conditioned upon specific improvements, the Planning Commission shall require the following of the applicant:
A. The installation of all required improvements in accordance with the design standards and specifications of this chapter and all applicable terms and conditions in granting approval; or B. Provision of a form of financial security, acceptable by the Township, which assures and guarantees the subsequent installation of all required improvements in accordance with the design standards and specifications of this chapter and all applicable terms and conditions in granting approval.
§ 77-26. Procedural methods in rendering decisions. A. The Planning Commission shall approve or reject a submitted plan (preliminary or final) within 90 days following the date of the Township Planning Commission's regular meeting at which said plan is first 74:217 § 77-26 DALLAS CODE § 77-27
reviewed. Should the regular meeting date occur more than 30 days following the date of submission of said plan, the ninety-day period shall be measured from the 30th day following the date on which the plan was properly submitted to the Township. B. The Planning Commission shall communicate its decision to the applicant in writing either by delivery in person or by mail to applicant's last known address not later than 15 days following the decision. C. When an application and plan (preliminary or final) is not approved as submitted, the decision of the Planning Commission shall specify the defects found in such, and describe the requirements which have not been met and shall, in each case, cite the provisions of the ordinance relied upon. D. In granting approval to a plan, preliminary or final, which is subject to specific conditions, the Planning Commission shall be expressly include such conditions in the minutes of the meeting at which the plan is considered and communicate said conditions and/or modifications, in writing, to the applicant. When a plan has been approved subject to any conditions and/or modifications and the applicant does not agree to accept said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the plan shall become an automatic disapproval. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to respond in writing to agree and accept all conditions shall constitute a denial of the plan. Failure by the applicant to provide any written response within 15 calendar days of receipt of said written notice from the Township shall be deemed to constitute that the applicant does not agree to accept the said conditions and/or modifications said conditional approval of the plan shall become an automatic disapproval. E. As prescribed by the Pennsylvania Municipalities Planning Code, Act 247, as amended, failure of the Planning Commission to render a decision and communicate said decision to the applicant as set forth in this section shall be deemed approval of the plan as submitted, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of communication of the decision.
§ 77-27. Withdrawal and/or revisions to submitted plans. A. Until a submission is approved or rejected by the Planning Commission, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures, which apply to the plan. If a revised plan is resubmitted within 120 days from the date of withdrawing said plan, no additional submission fee shall be charged by the Township for the first revision. Failure to resubmit a revised plan within said period of time or a second revision and any subsequent revision shall be treated as a new submission for which a new submission fee shall be required. No additional fee shall be charged for
74:218 § 77-27 STREETS AND SIDEWALKS § 77-29
plan revisions which are directed by the Planning Commission. Should an applicant wish to withdraw a plan under review and consideration by the Planning Commission, notice of withdrawal shall be in writing and shall include a statement that the ninety-day time limitation for the Planning Commission to render a decision shall not include the period of time during which the plan is withdrawn. B. All revised plans shall be accompanied by an itemized listing of revisions to the plans and the basis for such revisions. Such information shall be prepared and certified by a professional engineer. C. Any revised plan may be resubmitted to the Luzerne County Planning Commission or to any other party noted within § 77-23B of this chapter if the Planning Commission renders a determination that the scope of the revisions are substantial in nature to warrant any additional review. If such a determination is rendered, the applicant shall be responsible for the applicable required fees.
§ 77-28. Recording of final plan. A. The applicant shall record the final plan as approved by the Planning Commission in the Office of the Recorder of Deeds of Luzerne County within 90 days of such final approval, unless an extension has been granted in writing by the Planning Commission. Failure by the applicant to record the final plat within the 90 days or an approved extension of the time period will result in the approval becoming null and void. The final plan for recording shall comprise all plans submitted for final approval. B. A final plan shall not be submitted for recording in the Recorder of Deeds Office unless it bears an approval signature by the Planning Commission along with an appropriate signature and/or seal that it has been reviewed by the Luzerne County Planning Commission. C. Within 30 days from the date on which the final plan is recorded, the applicant shall furnish to the Township a copy of a certificate or receipt attesting to the recording of the final plan in the Recorder of Deeds Office.
§ 77-29. Phasing major subdivision plans. Prior to granting final approval of a major subdivision plan, the Planning Commission may permit the plan to be divided into two or more sections or phases and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plan. A total of 25% of the proposed number of dwelling units must be included within Phase I. The Planning Commission may require that the financial security be in such amount as is commensurate with the section or sections of the plan to be filed and may defer the remaining required financial security principal amount until the remaining sections of the plan are offered for filing. The developer may also file, in writing, irrevocable offers to dedicate streets
74:219 § 77-29 DALLAS CODE § 77-29 and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the Planning Commission, shall be granted concurrently with final approval of the plan.
74:220 § 77-30 STREETS AND SIDEWALKS § 77-32
ARTICLE IV Preliminary Plan
§ 77-30. Initial review. The preliminary plan shall be reviewed to determine its completeness with regard to the standards, provisions, and requirements of this chapter. Any submission which is found to be incomplete shall be deemed to be invalid. The applicant shall be notified, in writing, as to the nature and type of additional information which must be submitted.
§ 77-31. Review by Luzerne County Planning Commission. The Planning Commission shall not approve a preliminary plan until a report is received from the Luzerne County Planning Commission or until the expiration of 30 days from the date it was forwarded to the Luzerne County Planning Commission.
§ 77-32. Review and approval/disapproval of plan. The Planning Commission shall consider all official reports, comments and recommendations as provided in § 77-23B of this chapter. The Planning Commission shall render a decision in conformance with § 77-26 of this chapter. The following constitutes the type of action the Planning Commission may take: A. The Planning Commission may disapprove the preliminary plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter. B. The Planning Commission may conditionally approve the preliminary plan, in which case it shall specify all additional information and/or changes needed, describing the requirements that have not been met, citing in each case the provisions of this chapter which were relied upon and/or the basis for additional information and/or changes. The additional information or changes shall be required prior to further consideration of the preliminary plan or the submission of the final plan. In granting conditional preliminary approval, the Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter. C. The Planning Commission may approve the preliminary plan. Such approval shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the applicant to proceed with the installation of the required improvements and/or to arrange for a form of financial security to cover installation of improvements and
74:221 § 77-32 DALLAS CODE § 77-34
to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots, property or the recording of the preliminary plan. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter.
§ 77-33. Preliminary plan drafting standards. A. The preliminary plan of a proposed subdivision or land development is to be labeled as such and shall be clearly and legibly drawn to a scale not greater than: (1) One inch equals 50 feet for a property in excess of two acres. (2) One inch equals 20 feet for a property equal to or less than two acres. B. The original drawing and all submitted prints thereof shall be made on a sheet size of 24 inches by 36 inches. C. All dimensions shall be set in feet and decimal parts thereof, and bearings in degrees, minutes and seconds. D. The survey shall not have an error of closure greater than one foot in 10,000 feet. E. If the preliminary plan requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet, and appropriately labeled with match lines. F. Preliminary plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed. G. A block for the signatures of the Chairman and Secretary of the Planning Commission indicating the date of its recommended approval of the preliminary plan. H. A block for the signatures of the Chairman of the Planning Commission and the Township Secretary indicating the date of approval of the preliminary plan.
§ 77-34. Preliminary plan existing conditions. The preliminary plan shall contain the following information: A. The name and address of record owner, with source of title by deed book and page number and certification of ownership which carries a notarial seal. B. Name and address of applicant if different from owner. C. Name of proposed subdivision or land development, labeled as the "preliminary plan."
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D. Name and address of registered engineer or registered land surveyor responsible for the subdivision plan or land development plan, including certification of the accuracy of the plan and its conformance to the provisions of this chapter. E. North point, graphic scale and date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised for each revision. F. Total tract boundaries of the property being subdivided, showing bearings and distances, with bearings not less than the nearest 10 seconds and distances to the nearest 1/100 of a foot. The total size of the property shall be listed in both acreage and square feet. G. The names of all adjoining landowners, including block and lot numbers from the Luzerne County Assessor's Office. H. All existing man-made features, including, but not limited to, streets, driveways, farm roads, woods, roads, buildings, foundations, walls, wells, drainage fields, utilities, fire hydrants, and storm and/or sanitary sewers. All existing streets, including streets of record (recorded but not constructed), on or abutting the tract; shall include names, right-of- way widths, cartway (pavement) widths and approximate grades. I. All existing sewer lines, waterlines, fire hydrants, utility transmission lines, utility easements, or utility rights-of-way, culverts, storm drains, bridges, railroad rights-of-way and other significant man-made features within the proposed subdivision or land development. J. All existing building or structures within the boundaries of the proposed subdivision or land development. K. The zoning district or districts, delineated upon the plan along with the required building setback line and/or the proposed placement of each building, shall be shown, and where corner lots are involved, the required setback lines on both streets shall be shown. L. Original topography providing the contour lines at vertical intervals of: not more than five feet for land with an average natural slope of 5% or less; not more than 10 feet for land with an average natural slope exceeding 5%; not more than 20 feet for land with an average natural slope exceeding 15%. Topography for major subdivisions or land development shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks. M. Existing watercourses, streams, ponds, wetlands, floodplain and/or flood-prone areas, rock outcrops and vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland,
74:223 § 77-34 DALLAS CODE § 77-35
and trees described by plant community, relative age and condition within the proposed subdivision or land development. N. With regard to wetlands, all plans must specifically address the subject of as to whether any wetlands are located upon the site. If no wetlands are located within the site, a certification of the absence of wetlands shall be so noted upon the plan, which is certified by a person with appropriate training and experience in the identification of wetlands. If wetlands are located within the site, a delineation of all wetlands boundaries upon the site shall be provided by a person with appropriate training and experience in the identification of wetlands. The inclusion of wetlands upon the site shall require a complete survey, delineation and total acreage of said wetlands boundaries included upon the plans. O. Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published Soil Survey for the County, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for on-site sewage disposal suitability). P. Locations of all historically significant sites or structures on the tract, including, but not limited to, cellar holes, stone walls, earthworks, and graves. Q. Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.). R. All easements and other encumbrances of property which are or have been filed of record with the Recorder of Deeds of Luzerne County. S. A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the municipality.
§ 77-35. Preliminary plans for proposed development. The preliminary plans shall contain and include the following information:
A. Lot layout and related features which shall indicate and provide: (1) The total number of lots proposed for the site, with identification numbers; (2) The dimensions and area of all lots, expressed in either square feet or acres; (3) The building setbacks for all lots along each street, or in the case of a land development, the proposed placement of each building along each street, and the proposed use of each building; (4) Proposed open space, parks, playgrounds, or recreational facilities, with any governing conditions thereof;
74:224 § 77-35 STREETS AND SIDEWALKS § 77-35
(5) Copies of proposed deed restrictions, easements, and protective covenants referenced on the plan; (6) Proposed contour lines at vertical intervals of five feet of the entire site; (7) Location, width and purpose of proposed easements and utility right-of-way; (8) In the case of wetlands, total acreage of any such acreage to be disturbed. B. Street and right-of-way layout which shall indicate and/or provide: (1) The location of all proposed streets and existing streets (public and private) within the site and abutting or adjoining the site; (2) The location, right-of-way, and cartway of all proposed streets, with a statement of any condition governing their use, and the right-of- way and cartway of any existing streets (public or private) to which the proposed street will intersect; (3) Suggested street names, in accordance with § 77-75 of this chapter, the location of street signs in accordance with § 77-76 of this chapter and the location of traffic control signs in accordance with § 77-77 of this chapter; (4) The beginning and end point of proposed street construction; (5) Location, width, and purpose of proposed easement and utility right-of-way; (6) The location of sidewalks. C. A subdivision and/or land development when being serviced by sanitary sewers shall be connected to public sewers. The developer shall provide a letter of commitment from the Dallas Area Municipal Authority, providing notice that said Authority can adequately serve the proposed subdivision or land development and accept the conveyance of sewage for treatment and disposal, including any conditions required for the provision of service. If applicable, written approval from any adjoining municipality regarding the conveyance of sewage into its system to access intended conveyance of sewage to facilities of the Dallas Area Municipal Authority shall also be required. (1) The following information shall be provided upon the plan: (a) The layout, size and material of sanitary sewers within the site; (b) Location of manholes with invert elevation of flow line and grade at the top of each manhole; (c) Location of laterals.
74:225 § 77-35 DALLAS CODE § 77-35
(2) A subdivision and/or land development to be serviced by on-lot sewage disposal shall provide the following information: (a) Location of soil percolation test sites; (b) Location and extent of various soil types within the site with DEP definitions for each; (c) Proposed or typical location of building and/or structure with proposed location of wells, if applicable; (d) Copy of the applicable report and findings of the Township's Sewage Enforcement Officer. D. A subdivision and/or land development: (1) When being serviced by a centralized water system, shall indicate and/or provide the following:
(a) If to be served by an existing water company or authority, a letter from the same indicating said company or authority can adequately serve the proposed subdivision or land development, including any conditions required for the provision of service; (b) Location and size of all waterlines; (c) Location of fire hydrants. (2) When individual lots are serviced by individual wells, shall indicate the proposed location of the subject wells upon the plans. E. Storm drainage shall indicate and/or provide: 1) stormwater management plans, including drawings of present and proposed contours, stormwater runoff data and facilities for stormwater drainage; 2) the location, size and material of all storm drainage facilities; 3) watershed areas for each drainage facility or swale. All stormwater management plans, including the design of proposed improvements thereunder must be prepared and sealed by a licensed professional engineer. F. A letter from the applicable public utility company which provides electrical service and/or gas service to the Township indicating said company can and shall adequately serve the proposed subdivision or land development, including any conditions required for the provision of service. All plans shall contain the following notice in compliance with Pennsylvania Act 287: CALL BEFORE YOU DIG! BEFORE YOU DIG ANYWHERE IN PENNSYLVANIA CALL 1-800-242-1776 PA ACT 287 OF 1974 REQUIRES THREE
74:226 § 77-35 STREETS AND SIDEWALKS § 77-36
WORKING DAYS' NOTICE TO UTILITIES BEFORE YOU EXCAVATE, DRILL OR BLAST PENNSYLVANIA ONE CALL SYSTEM INC.
§ 77-36. Additional materials submitted with preliminary plan. The following material and information shall be submitted with the preliminary plan: A. Proof of ownership including a copy of the existing deed. B. Preliminary plan application and required fee. C. The required fee for Luzerne County Planning Commission review. D. A copy of the application for a highway occupancy permit, if applicable, as required by Dallas Township, the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department. E. Construction plans which include, where applicable, preliminary design, preliminary profiles, typical cross sections and specifications for the construction or installation of streets, sidewalks, sanitary sewers, sewage treatment facilities, storm drainage facilities, waterlines, bridges or culverts. (1) Cross sections for proposed streets and sidewalks shall be provided at intervals of 50 feet and at intersections and the limits of work. (2) Engineering design of proposed bridges or culverts shall be prepared in conformance with the latest Pennsylvania Department of Transportation design manuals. (3) Engineering design of a proposed central sewage system and/or central water supply and distribution system shall be accompanied by all permit applications for all respective utilities.
F. Any offers of dedication of proposed improvements, signed by the owner of the property and properly notarized. Acceptance, laying out and opening of streets shall be in conformance with 53 P.S. § 67304 et seq. of the Second Class Township Code as heretofore. Any street offered for public dedication shall be maintained by the developer until the dedication is accepted by the Board of Supervisors. Said maintenance shall include but may not be limited general repairs to the pavement, removal of debris from roadways and snow plowing and spreading de-icing material upon the roadways and/or other events which may inhibit safe vehicular travel. A notation incorporating the above requirement shall be included upon the plan. [Amended 6-17-2008 by Ord. No. 2008-2] G. A sewage planning module and all accompanying data as required by the Pennsylvania Department of Environmental Protection. 74:227 § 77-36 DALLAS CODE § 77-36
H. A copy of the soil erosion and sedimentation control plan, application and related information as required by the Luzerne County Conservation District. I. Stormwater management plans, in conformance with the standards and requirements as set forth in Chapter 72 of the Code of Dallas Township. All stormwater management plans, including the design of proposed improvements thereunder, must be prepared and sealed by a licensed professional engineer. J. In the case of delineation of wetlands, the wetland boundaries, as provided by the developer, must be verified by either the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection based upon a jurisdictional determination of said agencies. K. Estimated costs by item for required improvements in accordance with § 77-53 of this chapter.
L. Any other information deemed necessary by the Planning Commission, including but not limited to any impact analysis, as defined in Article II of this chapter. M. An executed written agreement under which the applicant agrees to fully reimburse the Township for any and all consulting fees incurred resulting from the review of plans, applications and supporting information, data and/or reports or studies. In providing for such an agreement, the Planning Commission, at its discretion, may require the applicant to establish an escrow account in a manner arranged for the Township's withdrawal of funds for the payment of consulting fees incurred by the Township. N. A community association document, also known as a homeowner's association document or a condominium association document, shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to Dallas Township. The elements of the community association document shall include, but shall not necessarily be limited to the following: [Added 6-17-2008 by Ord. No. 2008-2] (1) A description of all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities. (2) Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided. (3) A declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document which also provides for automatic association membership for all
74:228 § 77-36 STREETS AND SIDEWALKS § 77-36
owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections, and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules. (4) Statements prescribing the process by which community association decisions are reached and setting forth the authority to act. (5) Statements requiring each owner within the subdivision or land development to become a member of the community association. (6) Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement. (7) Requirements for all owners to provide a pro rata share of the cost of the operations of the community association. (8) A process of collection and enforcement to obtain funds from owners who fail to comply. (9) A process for transition of control of the community association from the developer to the unit owners. (10)Statements describing how the lands and facilities of the community association will be insured, including limit of liability. (11)Provisions for the dissolution of the community association, in the event the association should become unviable.
74:229
§ 77-37 STREETS AND SIDEWALKS § 77-38
ARTICLE V Final Plan
§ 77-37. Submission and review procedure. A. The final plan shall be reviewed to determine its completeness, including, but not limited to, conformance with the standards and data as set forth in Article IV and any changes or modifications required by the Planning Commission as a condition of granting approval of the preliminary plan. A narrative report listing all changes and the basis for each change shall be submitted with the final plan. In the event of any changes, the procedures and requirements outlined in § 77-27 of this chapter shall apply. B. The applicant shall submit the final plan within one year from the date of the approval of the preliminary plan by the Planning Commission, unless an extension, in writing, has been approved by the Planning Commission. Failure to comply with the one-year time requirement shall render the preliminary plan and any accompanying approval as null and void, thus requiring a new submission of the preliminary plan.
§ 77-38. Review and approval/disapproval of plan. The Planning Commission shall consider the reports, comments and recommendations as provided in § 77-23B of this chapter. The Planning Commission shall render a decision in conformance with § 77-26 of this chapter. The following constitutes the type of action the Planning Commission may take: A. The Planning Commission may disapprove the final plan, in which case it shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter. B. The Planning Commission may conditionally approve the final plan, in which case it shall specify all additional information and/or changes needed, describing the requirements and/or conditions of approval of the preliminary plan that have not been met, citing in each case the provisions of this chapter which were relied upon and/or the basis for additional information and/or changes. The additional information or changes shall be required prior to further consideration of the final plan. In granting conditional approval of the final plan, the Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter. C. The Planning Commission may approve the final plan as submitted. Such approval by the Planning Commission shall allow the applicant to file said final plan with the Luzerne County Recorder of Deeds
74:231 § 77-38 DALLAS CODE § 77-40
Office. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-26 of this chapter.
§ 77-39. Final plan drafting standards. The final plan of a proposed subdivision or land development shall be labeled as such and shall be subject to the drafting standards and requirements as set forth in § 77-33 of this chapter.
§ 77-40. Final plan requirements. The final plan shall include all additional information and any changes required by the Planning Commission in granting approval of the preliminary plan. It shall not be necessary to resubmit all supporting data required under the preliminary plan, provided there have been no changes. In the event of any changes, the procedures and requirements outlined in § 77-27 of this chapter shall apply. The following additional information shall be included on the final plan: A. Drawings and/or plans shall be titled "final plan." B. An accurate field boundary survey of the entire site which shall be balanced and close with an error of closure not to exceed one foot in 10,000 feet. C. The location and material of all permanent monuments and lot markers. D. Written certification by the responsible qualified professional (see definition in Article II), which attests to the accuracy of the survey and compliance with the applicable provisions of this chapter. E. A block for the signatures of the Chairman of the Planning Commission and the Township Secretary indicating the date of approval of the final plan. F. A block for the signatures and/or seal of the authorized persons of the Luzerne County Planning Commission indicating its review of said plan.
G. The latest source of title to the property as shown by deed, page number and book of the Luzerne County Recorder of Deeds Office. H. The exact dimensions of all streets, including right-of-way and cartway; lot lines, areas and distances; utility and other easements; and all land to be dedicated to public use. I. Typical final street cross-section drawings for all proposed streets and/ or roads showing the following: (1) Typical cut sections. (2) Typical fill sections. (3) Typical super-elevated sections.
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(4) Typical parallel drainage. J. Final profiles along the top of the cartway (pavement) center line showing existing and final grade lines and printed elevations of the final grade line at fifty-foot intervals, unless otherwise required by this chapter. K. All lot lines shall be completely dimensioned in feet if straight, and if curved, by designating length of arc and radius (in feet) and central angle (in degrees, minutes and seconds). All internal angles within the lots shall be designated to the closest second. L. The zoning district or districts, delineated upon the plan along with the required building setback line and/or the proposed placement of each building, shall be shown, and where corner lots are involved, the setback lines on both streets shall be shown. M. All existing and offers of dedication and/or reservation of rights-of-way and land areas with conditions attached. N. If applicable, the number of the approved highway occupancy permit (state or county) or Township driveway permit and date of issuance or the notation that deed restrictions prohibit development or improvements to the site or parcels to be created thereunder until the appropriate highway occupancy permit or Township driveway permit is secured. O. A space shall be provided on the lower edge of the final plan for acknowledgement of receipt and recording of the plan by the Luzerne County Recorder of Deeds Office. P. The following items and notes, as applicable, shall be on all final plans: (1) "Wells and sewage disposal systems shall be constructed in accord with the current standards of the Pennsylvania Department of Environmental Protection." (2) "Individual owners of lots must apply to the Township for a sewage permit prior to the construction of any on-lot sewage disposal system." (3) "In granting this approval, the Township has not certified or guaranteed the feasibility of the installation of any type of well or sewage disposal system on any individual lot shown on this plan." (4) "All lots shown on this plan are subject to the rules and regulations contained in the Dallas Township Zoning Ordinance." (5) In the event the subdivision incorporates a private access street, the following note shall be provided: "The improvement and maintenance of any private access street shall be the sole responsibility of those persons benefiting from the use thereof."
74:233 § 77-40 DALLAS CODE § 77-41
(6) "Highway occupancy permits are required for access to roads under the jurisdiction of the Pennsylvania Department of Transportation pursuant to the State Highway Law (P.L. 1242, No. 428, § 420)." (7) In the case where wetlands are present, the following note shall be provided: "The developer and/or the lot purchaser(s) assumes full responsibility for obtaining any local, state, and federal permits and/or approvals relating to wetlands. Approval by the Planning Commission shall not in any manner be construed to be an approval of compliance with statutes or regulations relating to wetlands. Dallas Township shall have no liability or responsibility for the same to the developer or purchaser(s)." (8) When on-site subsurface sewage disposal is proposed, the following note shall be provided: "This approval in no way certifies or guarantees the suitability of any lot for the installation of a subsurface sewage disposal system. The PA DEP planning conducted as part of the subdivision plan approval process is for general suitability only, and a zoning permit and a sewage permit will be required prior to the issuance of any building permit."
§ 77-41. Additional material submitted with final plan. The following material and information shall be submitted with the final plan: A. Certification of ownership, certification of plan's compliance with all applicable terms and conditions required by this chapter and/or the Planning Commission and any offer of dedication, if applicable, signed by the owner of the property and notarized. B. Final application and required fee. C. If applicable, a copy of the approved highway occupancy permit, as required by the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department, and/or a copy of the approved Township driveway permit as required by Dallas Township, or the deed restriction that prohibits development or improvements to the site or parcels to be created thereunder until the appropriate permit is secured. D. Copies of final deed restrictions, those existing and those to be included upon recording, if any. E. All final covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space. F. Written certification from the Pennsylvania Department of Environmental Protection approving the required planning module and any supporting data.
74:234 § 77-41 STREETS AND SIDEWALKS § 77-41
G. Written certification from the Luzerne County Conservation District approving the soil erosion and sedimentation control plan. H. Final construction plans and subsequent as-built drawings of all utilities, sanitary sewer, water distribution, storm drainage systems, showing their exact location, size and invert elevations; the location of all manholes, inlets and culverts; and final profiles, cross sections and specifications for proposed streets, sidewalks, sanitary sewers, water distribution systems and storm drainage systems, with written certification from the applicant's engineer which notes that the above plans and/or drawings are in compliance with the applicable governing design standards and/or have been installed in compliance with said plans or drawings. The submission of the above-referenced as-built drawings shall precede the release of any remaining funds placed as a financial security by the developer. I. If any streets are not offered for dedication to public use, the applicant shall submit and record with the plan a copy of the agreement made and executed on behalf of the applicant, including his heirs or assigns, subject to review by the Township's Solicitor and approval by the Planning Commission, establishing the conditions under which the streets may later be offered for dedication. Said conditions shall include, although not be limited to, that the subject streets shall conform to the Township's design specifications at such time the offer of dedication is made or that the owners of the lots within the subject subdivision shall include with their offer of dedication sufficient funds, as estimated by the Township Engineer, to provide the needed improvements required for conformance to the Township's design specifications at the time of such dedication. J. An agreement for any streets not offered for dedication, stating who shall be responsible for the improvements and maintenance of such streets. If a homeowners' association is deemed to be responsible, such association must be legally organized prior to approval of the final plan. K. A financial security, in accordance with § 77-53 of this chapter, subject to the approval by the Board of Supervisors, for the installation of required improvements, unless all such improvements are installed and completed to design specifications prior to final plan approval. [Amended 6-17-2008 by Ord. No. 2008-2] L. A financial security for the maintenance of improvements, in accordance with § 77-59 of this chapter. M. If applicable, written certification from the Dallas Area Municipal Authority granting final approval for the acceptance of the conveyance of sewage for treatment and disposal from the proposed subdivision and/or land development.
74:235 § 77-41 DALLAS CODE § 77-42
N. Written certification from the appropriate public utility company which authorizes and approves the provision of water, gas and electrical service for the proposed subdivision and/or land development. O. Any required permits and/or approvals from either the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection for site development activities which disturb, affect and/or cross delineated wetlands. P. Any other information as required by the Planning Commission. Q. An executed written agreement under which the applicant agrees to fully reimburse the Township for any and all consulting fees incurred resulting from the review of plans, applications and supporting information, data and/or reports or studies. In providing for such an agreement, the Planning Commission, at its discretion, may require the applicant to establish an escrow account in a manner arranged for the Township's withdrawal of funds for the payment of consulting fees incurred by the Township.
§ 77-42. Recording of plan. The applicant shall record the final plan in accordance with the requirements as set forth in § 77-28 of this chapter.
74:236 § 77-43 STREETS AND SIDEWALKS § 77-47
ARTICLE VI Minor Subdivision/Land Development
§ 77-43. Only final plan required. The classification of a proposed subdivision as a "minor subdivision" shall only require the submission, review and approval of only a final plan. A land development classified as a "minor land development" shall only require the submission, review and approval of only a final plan. The classification shall be based upon the definitions of the terms "minor subdivision" and "minor land development" as provided for under Article II of this chapter.
§ 77-44. Submission procedure. The submission procedure for a minor subdivision or minor land development shall be in accordance with § 77-22 of this chapter.
§ 77-45. Distribution of plan. The distribution of a minor subdivision plan or minor land development plan shall be in accordance with § 77-23 of this chapter.
§ 77-46. Drafting standards for minor plans. The final plan of a proposed minor subdivision or minor land development shall be in accordance with § 77-33 of this chapter.
§ 77-47. Requirements for minor plans. The final plan shall be noted as "minor subdivision final plan" or "minor land development final plan" and contain the following information: A. Name and address of record owner, including certification of ownership which carries a notarial seal. B. The name and address of the applicant, if different from owner.
C. Name of proposed subdivision or land development. D. Name and address of registered engineer and/or registered land surveyor responsible for the subdivision plan or land development plan, including certification of the accuracy of the plan for an error of closure not to exceed one foot in 10,000 feet and its conformance to the applicable provisions of this chapter. E. North point, graphic scale and date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised for each revision. F. Total tract boundaries of the property being subdivided and/or developed, showing bearings and distances, and total size of the property, expressed in acreage and square feet.
74:237 § 77-47 DALLAS CODE § 77-47
G. The total number of proposed lots within a subdivision with identification numbers for each or, for a land development, the location of buildings upon the lot with identification numbers for each. H. The dimensions and area of all lots expressed in both square feet and acres. I. The zoning district or districts, delineated upon the plan along with the required building setback line and/or the proposed placement of each building, shall be shown, and where corner lots are involved, the setback lines on both streets shall be shown. J. The required yard setbacks, as provided in the Zoning Ordinance,57 for all lots along each street or, in the case of a land development, the proposed placement of each building along each street and the proposed use of each building. K. The location and dimensions of all existing structures, including accessory structures and off-street parking areas, upon the subject property. L. The distance of all existing structures to lot lines, front, rear and side, which will result upon approval of the plan. M. The names of all adjoining property owners, including block and lot numbers, from the Luzerne County Assessor's Office. N. All existing streets, public or private, including streets of record (recorded but not constructed) on or abutting the subject tract, including their names and right-of-way widths. O. All existing sewer lines, waterlines, fire hydrants, utility transmission lines, utility easements or rights-of-way, culverts, storm drains, bridges, railroad rights-of-way, and other significant man-made features located within the boundaries of the proposed subdivision or land development. P. Existing watercourses, streams, ponds, wetlands, floodplain and/or flood-prone areas, wooded areas, tree masses and rock outcrops within the proposed subdivision or land development. Q. With regard to wetlands, all plans must specifically address the subject as to whether any wetlands are located upon the site. If no wetlands are located within the site, a certification of the absence of wetlands shall be so noted upon the plan, which is certified by a person with appropriate training and experience in the identification of wetlands. If wetlands are located within the site, a delineation of all wetlands boundaries upon the site shall be provided by a person with appropriate training and experience in the identification of wetlands. (1) The inclusion of wetlands upon the site shall require a complete survey, delineation and total acreage of said wetlands boundaries
57.Editor's Note: See Ch. 95, Zoning. 74:238 § 77-47 STREETS AND SIDEWALKS § 77-48
included upon the plans. The total acreage of any wetlands area proposed to be disturbed shall also be indicated upon the plans. (2) Any parcels or portions thereof which are not intended to be developed in any manner, including but not limited to new structures, shall be exempt from providing the above information, subject to clearly indicating such areas upon the plan and including written notification of the same upon the plan as recorded. R. Existing contour lines at vertical intervals of not greater than five feet, when existing slopes are 5% or greater. Existing contour lines at vertical intervals of not greater than 10 feet, when existing slopes are less than 5%. S. If the lots or development are to be serviced by individual on-lot sewage disposal: (1) The location of soil percolation test sites. (2) Location and extent of various soil types within the site with DEP definitions for each. (3) Proposed or typical location of building and/or structure with proposed location of wells, if applicable; (4) Copy of the applicable report and findings of the Township's Sewage Enforcement Officer (DAMA). T. All easements, existing and/or proposed, including their location, dimensions and purpose.
§ 77-48. Information to be submitted with plan. The following information, as applicable, shall be submitted with the final plan of a minor subdivision or minor land development. A. Proof of ownership, including a copy of the existing deed. B. Application for minor subdivision plan or minor land development plan and the required fee. C. Required fee for Luzerne County Planning Commission review. D. If applicable, an approved highway occupancy permit and/or driveway permit, as required by Dallas Township, the Pennsylvania Department of Transportation and/or the Luzerne County Bridge Department or a deed restriction that prohibits development or improvements to the site or parcels to be created thereunder until the appropriate highway occupancy permit is secured. E. If applicable, a letter of commitment from the DAMA confirming that said Authority can and shall adequately serve the proposed subdivision or land development and accept the conveyance of sewage for
74:239 § 77-48 DALLAS CODE § 77-49
treatment and disposal, including any conditions required for the provision of service. F. Written certification from the appropriate public utility company which authorizes and approves the provision of water, gas and electrical service for the proposed subdivision and/or land development, including any conditions required for the provision of service. G. If applicable, the Sewage Enforcement Officer's report (DAMA) and findings regarding percolation testing of the site for suitability of the site for any proposed on-lot sewage system as required by DEP. H. Copies of deed restrictions, those existing and those to be included upon recording of plan. I. Copies of description of easements, existing easements of record and any proposed easements to be included upon recording of plan. J. If applicable, an appropriate soil erosion and sedimentation control plan, approved by the Luzerne County Conservation District. K. An appropriate planning module for land development approved by DEP. L. Any other information as required by the Board of Supervisors. M. The cost of all consulting fees incurred by the Township for the review of the application, plans and supporting formation, data and/or reports or studies, including, but not limited to, any required impact analysis and site inspections of the property to ensure compliance with the terms of approval and required improvements.
§ 77-49. Recording of plan. The applicant shall record the final plan in accordance with the requirements as set forth in § 77-28 of this chapter.
74:240 § 77-50 STREETS AND SIDEWALKS § 77-53
ARTICLE VII Assurances for Completion of Improvements [Amended 6-17-2008 by Ord. No. 2008-2]
§ 77-50. Installation or guarantee of improvements. No plan shall be granted final approval until the applicant either: A. Installs all required improvements in accordance with the terms of approval and the applicable design standards of said improvements. B. Posts a form of financial security, acceptable to the Township, which shall be of sufficient amount to fully cover the costs of all required improvements in accordance with the terms of approval and the applicable design standards of said improvements. The Board of Supervisors shall retain the discretion in all matters and decisions related to the acceptance and/or approval of the posting of any financial security
§ 77-51. Types of financial guarantee. A. A financial guarantee which shall be deemed as acceptable financial security for the purposes of this article shall include: (1) An unconditional and irrevocable letter of credit with authorization for drawing upon by the Township in the event of default or failure by the developer or applicant to complete the installation of required improvements (2) A restrictive escrow account. (3) Other types of financial security which the Township may approve, which approval shall not be unreasonably withheld. B. Such financial security shall be with a lending institution which is chartered by the Federal Government or the Commonwealth of Pennsylvania or with a bonding company which is legally authorized to conduct such business within the Commonwealth of Pennsylvania.
§ 77-52. Review by Solicitor. When an applicant proposes to provide a financial security, said financial security shall be submitted to the Township for review not less than 14 days prior to the public meeting of the Board of Supervisors at which the acceptance and/or approval of proposed financial security will be considered by the Board of Supervisors
§ 77-53. Amount of financial security. The amount of financial security to be posted for the completion of required improvements shall be equal to 110% of the cost of completion, estimated as of 90 days following the scheduled completion date. The amount of the
74:241 § 77-53 DALLAS CODE § 77-57 required financial security shall be based upon a written estimated cost of completion of required improvements, submitted by the developer or applicant, and prepared by a professional engineer, licensed as such by the commonwealth. Said engineer shall certify in writing that his estimated cost for the completion of the required improvements is a fair and reasonable estimate. The Board of Supervisors, upon the recommendation of the Township Engineer, may for good cause shown, refuse to accept the applicant's estimated cost. In cases where the Township and the developer or applicant are unable to agree on an estimate, then the estimate shall be recalculated and recertified by another licensed professional engineer, mutually accepted by the Township and the developer or applicant. The estimate certified by the third-party engineer, being presumed fair and reasonable, shall be deemed the final estimate. In the event that the third- party engineer is chosen, the cost of his services shall be paid equally by the Township and the developer or applicant.
§ 77-54. Required time period for completion. A. The financial security shall provide for, and secure to the public the completion of the required improvements within one year of the date fixed on the final plan for the completion of such improvements. B. If the applicant in posting the financial security requires more than one year from the date of posting the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one year period beyond the anniversary date from posting of the financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or before the expiration of the preceding one-year period.
§ 77-55. Phasing of development. In the case where development is projected over a period of years, the Planning Commission may authorize the submission of final plans by sections or phases of development subject to such requirements or guarantees as to improvements in future sections or phases of development as it finds essential for the protection of any finally approved section of the development.
§ 77-56. Start of work notice. The applicant and/or developer shall provide the Township and the Township Engineer with not less than a seventy-two-hour notice prior to the commencement of work at the site.
§ 77-57. Periodic inspections during construction. The Township Engineer shall make periodic inspections to the site during the construction of improvements to insure the work is in conformance with
74:242 § 77-57 STREETS AND SIDEWALKS § 77-60 the approved plans. The Township Engineer shall promptly provide Board of Supervisors with a written report after any such inspection.
§ 77-58. Release of portions of financial security. A. As the work of installing the required improvements proceeds, the party posting financial security may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. B. Any such request shall be in writing addressed to the Board of Supervisors. The Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify in writing to the Planning Commission that such portion of the work upon the improvements has been completed in accordance with the approved plan. C. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer as fair in representing the value of the completed improvements. Failure of the Board of Supervisors to act within the said forty-five-day period shall be deemed an approval of the release of the funds requested. D. The Board of Supervisors may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
§ 77-59. Financial security for maintenance of improvements. A. Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, it shall require the posting of financial security to secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as shown on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. B. Said financial security shall be of the same type as otherwise required in § 77-51 of this article with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
§ 77-60. Financial security for improvements under jurisdiction of a public utility or municipal authority. If water mains or sanitary sewer lines or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to
74:243 § 77-60 DALLAS CODE § 77-62 assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this article. A copy of any such executed financial security shall be provided to the Board of Supervisors not less than 14 days prior to its next regularly scheduled meeting at which the final plan shall be considered.
§ 77-61. Issuance of permits when financial security has been posted. A. If financial security has been provided in lieu of the completion of improvements required as a condition for final approval as set forth in this article, the Township shall not condition the issuance of zoning, building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as shown on the final plan upon actual completion of the improvements shown on the approved final plan. B. If a financial security has been provided, certificates of zoning compliance or occupancy permits for any building or buildings to be erected shall not be withheld following. (1) The improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition; and (2) The completion of all other improvements as shown on the approved final plan, either upon the lot or lots beyond the lot or lots in question, if such improvements are deemed necessary for the reasonable use of or occupancy of the building or buildings.
§ 77-62. Completion of required improvements. A. When the applicant has completed all of the necessary and required improvements, the applicant shall notify the Board of Supervisors in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. B. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing with the Board of Supervisors, and shall promptly mail a copy of the same to the applicant. The report by the Township Engineer shall be made and mailed within 30 days from the aforesaid authorization from the Board of Supervisors. C. The report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part. If said improvements or
74:244 § 77-62 STREETS AND SIDEWALKS § 77-66
any portion thereof be rejected, said report shall contain a statement of the reasons for such rejection. D. The Board of Supervisors shall notify the applicant, in writing, within 15 days of receipt of the Township's Engineer's report, by certified or registered mail of the action of the Board of Supervisors with relation thereto. E. If the Board of Supervisors or the Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved, and the applicant shall be released from all liability, pursuant to its performance guarantee bond or other security agreement.
§ 77-63. Responsibility of applicant upon disapproval of improvements. If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined in § 77-62, shall be followed.
§ 77-64. Applicant's right to contest action. Nothing herein, however, shall be construed in limitation of the applicant's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or Township Engineer.
§ 77-65. Remedies to effect completion of improvements. A. In the event that any improvements which may be required have not been installed as provided in this article or in accordance with the approved final plan, the Township can enforce any corporate bond or other security by appropriate legal and equitable remedies. B. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Township may, at its option, install part of such improvements in all or part of the subdivision or land development, may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. C. All of the proceeds, whether resulting from the security or from any legal or equitable action or from both brought against the applicant, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
§ 77-66. Professional consulting fees. A. In addition to the fees noted in § 77-9 of this article, the applicant shall be responsible for payment of all fees by professional consultants, as 74:245 § 77-66 DALLAS CODE § 77-67
defined in Article II, which the Township may incur as related to the review, enforcement and/or administration of this article as related to a proposed subdivision and/or land development. The applicant shall also be required to fully reimburse the Township for any professional consulting fees which the Township may incur for the review of any required studies and/or reports within the context of an impact analysis as so defined in Article II of this article. Upon notification by the Township of such costs, the applicant shall provide a certified check or money order to the Township to fully reimburse the Township for said professional consulting fees, within 30 days from the billing date from Dallas Township. An approved plan shall not be signed by the Planning Commission nor shall any permits related to the development of the site be issued until all fees are paid in full. B. The Board of Supervisors shall also have the discretion to require the applicant deposit funds into an escrow account to be drawn upon by the Township for the payment of the above fees. In such cases, the amount of funds to be deposited into such account shall be determined by the Township with input from its professional consultants. Any funds deposited in said account at the conclusion of payment of all required reimbursable professional consulting fees shall be returned to the applicant. If the initial amount of funds deposited into said account appears to be insufficient to cover such costs, the Township shall notify the applicant of any additional amount of funds required to be deposited for such purposes.
§ 77-67. Procedure for disputes over consulting fees. A. An applicant may contest the amount to be reimbursed to the Township for consulting fees. The applicant shall notify the Township, in writing, within 10 working days of the billing date, as to which consulting fees are disputed as being unreasonable and/or unnecessary. The applicant shall forfeit any right to contest the amount to be reimbursed to the Township for consulting fees, if written notification is not submitted within the prescribed 10 working days of the date of the billing.
B. In such cases, the Planning Commissions shall not delay or disapprove a subdivision or land development application or any permit related to development due to the applicants written request to contest certain consulting expenses. C. If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of consulting expenses which are reasonable and necessary, then the applicant and the Planning Commission shall jointly, by mutual agreement, appoint another professional engineer, licensed as such in the Commonwealth of Pennsylvania, to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary D. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her
74:246 § 77-67 STREETS AND SIDEWALKS § 77-67
sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. E. In the event that the Township and applicant cannot agree upon a professional engineer to be appointed within 20 days of the billing date, then upon application of either party, the President Judge of the Luzerne County Court of Common Pleas (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who shall be neither the Township Engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years. F. The fee of the appointed professional engineer for determining the reasonable and necessary consulting expenses shall be paid by the applicant if the amount of the payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer. If neither of the aforementioned cases apply, the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
74:247
§ 77-68 STREETS AND SIDEWALKS § 77-69
ARTICLE VIII Design Standards and Required Improvements
§ 77-68. Application. The standards and requirements contained within this article and the applicable requirements within the Township's Zoning Ordinance58 shall apply to all major subdivisions and land developments unless otherwise noted. Said standards and requirements are intended as the minimum for the preservation of the environment and promotion of the public health, safety and general welfare. These standards and requirements shall be applied as such by the Dallas Township Planning Commission in reviewing and evaluating plans for all proposed major subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of the submission of the preliminary plan and application.
§ 77-69. General requirements. A. Planning. The development shall generally conform with the policies, goals and objectives of this chapter. B. Contiguous lands. Where the owner of a site under consideration for development owns contiguous land that may be suitable for development, the subdivision plan shall include all contiguous lands. At a minimum, information for contiguous lands shall include a prospective street layout and a topographic map of said lands at a scale of not less than one inch equals 200 feet. This provision, however, may be waived in full or in part by the Township if it is not considered essential to the evaluation of the plans for the current development tract. C. Remnants; development design; neighboring development. All portions of a tract being subdivided shall be taken up in lots, streets, open lands or other proposed uses so that remnants and landlocked areas shall not be created. The layout of a subdivision shall also be planned with consideration for existing nearby developments or neighborhoods so that they are coordinated in terms of interconnection of open space, traffic movement, drainage and other reasonable considerations. D. Hazard areas. Land which the Planning Commission deems unsuitable for subdivision or development due to flooding, improper drainage, rock formations, adverse earth formations or topography, steep slopes, utility easements, or other features which may reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate mitigation methods are formulated by the applicant and approved by the Planning Commission upon the recommendation of the Township Engineer.
58.Editor's Note: See Ch. 95, Zoning. 74:249 § 77-69 DALLAS CODE § 77-70
E. Improvement specifications. The design standards and requirements as outlined in this article shall be utilized by the Planning Commission in evaluating the plans for all proposed subdivisions and land developments. Altered design standards, including more stringent specifications, may be required in cases where the Planning Commission finds that such specifications are essential to protect the health, safety and general welfare of the residents of Dallas Township and/or the environment of the Township. Any request to modify the design standards and/or requirements below those contained within this article shall be considered in accordance with § 77-8 of this chapter. F. Other ordinances. Whenever another Township, county, state or federal statute and/or regulation imposes a higher or more restrictive standard than those contained in this chapter, the higher or more restrictive standard shall apply.
§ 77-70. Natural features. Care shall be taken to preserve natural features such as agricultural land, woodlands, wetlands, watercourses, bodies of water, riparian lands, and historical and cultural features and/or resources. Damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with the approval of the Township and, where appropriate, the PA DEP and the United States Army Corps of Engineers. A. Groundwater resources. Proposed subdivisions and land developments shall to the greatest practical extent be designed in a manner to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table through careful consideration of vegetation and land disturbance activities. The placement of streets, buildings and other impervious surfaces shall to the greatest practical extent attempt to minimize permeability where precipitation is most likely to infiltrate and recharge the groundwater. B. Streams, swales, springs and other lowland areas. Stream channels, swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, their groundwater recharge functions, their importance to water quality and the health of aquatic communities and their wildlife habitats. They are generally poorly suited for on-site subsurface sewage disposal systems. (1) To the greatest practical extent, the following activities shall be minimized: (a) Disturbance to streams and drainage swales. (b) Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.
74:250 § 77-70 STREETS AND SIDEWALKS § 77-71
C. Woodlands. Woodlands occur extensively throughout the Township, often in association with stream and wet areas, poor and erodible agricultural soils, and moderate to steep slopes. Woodlands serve as a valuable resource in their ecological functions: i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats. (1) All subdivisions and land developments shall be designed and constructed in a manner which shall to the greatest practical extent: (a) Minimize the loss or degradation of woodland areas. (b) Consider in the proposed design of the site, preserving woodlands along roadways, property lines and lines occurring within a site such as streams, swales, stone fences and hedgerows.
(c) Minimize disturbance or removal of woodlands occupying environmentally sensitive areas. This shall include, but not necessarily be limited to, vegetation performing important soil- stabilizing functions on wet soils, stream banks and sloping lands. (2) No tree clearing, grading and/or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted on a site prior to preliminary plan approval. D. Slopes. Moderately sloping lands (15% to 25%) and steeply sloping lands (over 25%) are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil sediments into streams, ponds and public roads are detrimental to water quality and aquatic life and a potential hazard to public safety. Areas of steep slope shall be preserved in accordance with the following: (1) All grading and earthmoving on slopes exceeding 15% shall be minimized. (2) No site disturbance shall be allowed on slopes exceeding 25% except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25%.
§ 77-71. Monuments and markers. The applicant shall place permanent reference monuments and markers by a registered land surveyor. A. Monuments shall be placed so that the center of a scored or marked point shall coincide exactly with the intersection of the lines to be marked.
74:251 § 77-71 DALLAS CODE § 77-73
B. Monuments shall be of concrete or stone, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Concrete monuments shall be marked with a three-quarter-inch copper or brass dowel; stone or precast monuments shall be marked on the top with a proper inscription and a drill hole. Monuments shall be set so that the top of the monument or marker is level with the surface of the surrounding ground. C. Markers shall consist of either iron or steel bars at least 36 inches long and not less than 5/8 inch in diameter. Markers normally shall be flush with the surrounding grade. D. Monuments shall be set as follows: (1) One at each single angle of the perimeter of the property at all major subdivisions and land developments. (2) One at the beginning and end of all curves along street right-of-way lines along one side of the street. (3) A minimum of one at each street intersection along the street right- of-way line. E. Markers normally shall be flush with the surrounding grade. F. Markers shall be set as follows: (1) At all points where lot lines intersect street right-of-way lines, except for monument locations. (2) At all other lot corners. (3) At all points where lot lines intersect curves. (4) At all angles in property lines of lots.
§ 77-72. Residential blocks. For blocks, the following standards shall apply:
A. Maximum length not to exceed 1,000 feet; B. Be of sufficient width to permit two tiers of lots. Exceptions to this prescribed block width shall be permitted in blocks adjacent to public streets, railroads, streams, other natural barriers.
§ 77-73. Residential lots. A. All subdivisions and land development for residential use shall be in conformance with the applicable minimum lot sizes, lot widths in yard requirements as set forth in the Dallas Township Zoning Ordinance.59
59.Editor's Note: See Ch. 95, Zoning. 74:252 § 77-73 STREETS AND SIDEWALKS § 77-74
B. Each lot or area platted for residential use shall be accessible from an existing or proposed street. C. The lot depth shall not be greater than three times its width. D. Side lines of lots shall be at right angles to straight streets and on radius lines on curved streets. Some variation may be permitted at the discretion of the Planning Commission, but pointed or very irregular shaped lots shall be avoided. E. In the case of lots utilizing an on-site sewage disposal system, there shall be sufficient area for the disposal field in accordance to DEP regulations. F. Double or reverse frontage lots shall be avoided except where required to provide separation of residential uses from arterial or collector streets or to overcome specific disadvantages of topography or orientation. G. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot onto adjacent lots. H. Flag lots shall be avoided when alternate development layouts would yield the same number of lots otherwise permitted with the elimination of flag lots. The approval of flag lots shall be subject to the following standards: (1) Not more than 5% of the lots within a major subdivision may be approved as flag lots. (2) The access corridor portion of the lot shall not exceed 300 feet as measured from its intersection with the street right-of-way. (3) The applicant shall prove to the satisfaction of the Planning Commission that the proposed driveway would provide adequate access for emergency vehicles. (4) The lot width measurement shall be made on the main portion of the lot and shall not access the corridor portion of the lot. (5) Approval of a flag lot shall be conditioned upon the existence or provision of a recorded deed restriction prohibiting any further subdivision of the flag lot.
§ 77-74. General requirements for streets. A. Any proposed subdivision or land development shall have frontage upon or access to an existing state, county or Township road.
74:253 § 77-74 DALLAS CODE § 77-76
B. Streets shall be designed to provide adequate vehicular access to all lots or parcels within any proposed subdivision or land development. C. Streets shall be designed and appropriately related to the topographic conditions of the site, with the grade of streets conforming as closely as possible to the original topography. D. Streets shall be graded and improved in accordance with the appropriate design standards and specifications of this chapter. E. All streets shall be properly integrated with the existing and proposed system of streets and dedicated right-of-way as established in the Comprehensive Plan. F. All streets shall be properly related to specific traffic generators, such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses. G. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous for future development on adjacent tracts. H. Any subdivision and/or land development containing more than 13 lots which do not front upon an existing off-site public road shall provide within the overall traffic design of the site not less than two separate points within the site where an interior road as part of the proposed subdivision and/or land development shall intersect with and provide access to an existing off-site public road. I. At the discretion of the Planning Commission, streetlights may be required to be installed at the intersection of all streets and at other points deemed necessary based upon field conditions.
§ 77-75. Street names. The applicant may propose names for all streets within a subdivision or land development prior to final approval. A proposed street name shall not include the name of any existing street in the Township, except that a street planned as a continuation of an existing street shall bear the same name. Final approval of street names for streets subject to public dedication to the Township and/or private streets to remain under private ownership shall be vested with the Dallas Township Planning Commission, based upon the prior approval of the same by the Luzerne County 911 Communications Center for Emergency Services and the United States Postal Service.
74:254 § 77-76 STREETS AND SIDEWALKS § 77-79
§ 77-76. Street signs. Street signs which provide the legal name of each street shall be erected at the intersection of each street within a subdivision or land development prior to final approval. The size, color and construction materials of said signs shall be subject to approval by the Planning Commission.
§ 77-77. Traffic control measures. Traffic control signs designed to regulate the speed of traffic or to convey any other pertinent traffic or physical characteristic of the road to motorists shall be installed at appropriate locations by the applicant as may be required by PennDOT, Luzerne County and/or the Planning Commission. A. The applicant shall be responsible for line painting on all new collector streets, including the extension of existing collector streets, in accordance with the following standards: (1) Center lines. Four-inch-wide double yellow center lines shall be painted along the center line of the travelway of each street. (2) Edge lines. Four-inch-wide white edge lines shall be painted four inches inside the edge of pavement shoulder. (3) Stop lines. Six-inch-wide white stop lines shall be painted that completely traverse all traffic lanes on each approach to a stop sign and/or crosswalk. B. Unless stated otherwise, all material and workmanship shall be in accordance with the latest edition of the Pennsylvania Department of Transportation Publication 408,
§ 77-78. Continuation of roads and temporary dead-end roads. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and when such continuation is in accordance with the Township's goals as provided for within the statement of community development objectives of this chapter. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary turnabout designed as a "hammerhead" shall be provided on all temporary dead- end streets. This may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.
§ 77-79. Dead-end roads (permanent)/cul-de-sac streets. A. Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the Planning Commission may require
74:255 § 77-79 DALLAS CODE § 77-81
the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with Township construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with design standards of this chapter. B. Cul-de-sac streets shall be highly discouraged and shall only be approved when topographic and or field conditions necessitate the use of a cul-de-sac. The developer shall bear the burden of proof that development cannot be provided and/or designed without the use of a cul-de-sac.
§ 77-80. Cul-de-sac streets.60 A. A cul-de-sac street shall not be approved when a through street is more advantageous. B. Cul-de-sac streets shall not exceed 600 feet in length and furnish access to not more than 13 dwelling units. All lots fronting upon the arc of a cul-de-sac street shall have a frontage, as measured along the length of the arc, which results in a chord length of 75 feet. Said requirement shall apply to all lots along the arc of a cul-de-sac regardless of the zoning district in which the subdivision is located. C. No physical obstructions shall be located within six feet of the right-of- way upon a cul-de-sac, including, but not limited to, mailboxes, utility poles, utility transformer boxes and/or similar above-grade obstructions. D. Any street which is terminated with planned future access to an adjoining property or because of authorized stage development shall be provided with a temporary, all-weather turning circle. The turning circle shall be completely within the boundaries of the subdivision and/ or land development, and the use of the turnaround shall be guaranteed to the public until such time as the street is extended.
E. An easement for the purpose of snow removal having a size of not less than 35 feet in length and 15 feet in depth shall be provided upon the front yard areas of the lot or lots located at the end of a cul-de-sac. F. Cul-de-sac streets on which six or more residential properties front shall terminate in a circular right-of-way with a minimum diameter of 100 feet overall and 80 feet to the outer pavement edge or curbline.
60.Editor's Note: See the Cul-de-Sac Design Diagram included at the end of this chapter. 74:256 § 77-81 STREETS AND SIDEWALKS § 77-82
§ 77-81. Access to arterial streets. Where a subdivision or land development borders on or contains an existing or proposed arterial street, the Planning Commission may require that access to such street be limited by one of the following methods: A. The subdivision of lots in a manner in which the lots front onto a parallel local street with no access provided to or from the arterial street, which shall contain a strip of screening along the rear property line of such lots. B. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial. C. A marginal access or service road separated from the arterial street by a planting or grass strip and having access thereto at suitable points.
§ 77-82. Intersections. A. Streets shall intersect as nearly as possible at right angles. When local streets intersect with collector or arterial streets, the angle of intersection at the street center lines shall in no case be less than 75°. No two streets shall intersect with an angle of intersection at the center lines of less than 60°. B. Multiple intersections involving the junction of more than two streets shall be prohibited. C. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas at the approach to an intersection, a leveling area shall be provided having not greater than a two-percent grade at a distance of 60 feet, measured from the nearest right-of-way of the intersecting street. D. Where any street intersection will involve earth banks or existing vegetation inside any corner lot that would create a traffic hazard by limiting visibility, the applicant shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right- of-way to the extent deemed necessary to provide an adequate sight distance. E. The cross-slopes on all streets including intersections shall be 3% or less. F. At intersections of streets, the property line corners shall be rounded by arcs with radii of not less than 15 feet, or by chords of such arcs. For streets other than residential streets, the Commission may require a larger radius. G. Street curbs or edges of pavement at street intersections, where they are required, shall be rounded off concentrically with property lines.
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H. At intersections of streets and alleys, property line corners shall be rounded by arcs of at least twenty-foot radii or by chords of such arcs. I. If the smaller angle of intersection of two streets is less than 60°, radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission. J. Whenever the proposed subdivision contains or is adjacent to a railroad or a major highway and particularly a "limited access highway," provision shall be made for a parallel street properly buffered by a planting strip from said railroad or highway, or a parallel street at a distance acceptable for the appropriate use of the land between the highway and such street, or by a series of cul-de-sac or short loops entered from and planned at right angles to such parallel street with the rear lines of their terminal lots abutting on the highway. Lots abutting a railroad or major highway in the rear shall have a rear yard with a minimum depth of 75 feet. (The rear yard is the closest portion of a major structure on the lot to the railroad or major highway right- of-way.)
§ 77-83. Road design, construction and paving standards. In order to provide for streets of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, fire-fighting, snow removal, sanitation and street maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardship to adjoining properties, the design standards for streets as set forth shall be mandatory for the approval of a preliminary plan. . A. Right-of-way widths. Street and alley right-of-way widths. Streets other than residential streets shall have such right-of-way widths as the Commission shall deem necessary in view of the function and prospective traffic load of the particular street or part thereof. The minimum right-of-way width of residential streets shall be as follows: (1) Collector street: 60 feet.
(2) Minor street: 50 feet. B. Horizontal visibility. Streets shall be so laid out that there will be unobstructed sight distances along the center lines thereof, measured from a point five feet above the proposed grade line, to permit horizontal visibility as follows: (1) Limited access highways: To be determined by the Commission but generally not less than 600 feet. (2) Other major traffic streets: 600 feet. (3) Collector streets: 300 feet. (4) Minor streets: 150 feet.
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C. Reserve curves. Between reserved curves on an arterial street, a tangent of not less than 200 feet shall be provided, and on feeder and residential streets, such a tangent shall be not less than 100 feet. D. Street grades. (1) Center line grades shall not exceed the following: (a) Major traffic streets: 5%. (b) Collector streets: 7%. (c) Minor streets: 9%. In exceptional circumstances, 11% may be permitted, at the discretion of the Commission, for short distances of not more than 200 feet on straight roads. (2) Vertical curvature measured along the center line shall have a minimum radius as follows, unless topographic or other conditions are such that, in the circumstances of the particular case, the indicated radius is not feasible and the Commission is of the opinion that a lesser radius would adequately protect the public interest: (a) Limited access highways: 1,800 feet. (b) Other major traffic street: 1,000 feet. (c) Collector streets: 300 feet. (d) Minor streets: 100 feet. (3) Minimum grade. The minimum grade of any street gutter shall not be less than 1%. E. Pavement widths. (1) Minimum pavement widths shall meet the following standards: (a) Major traffic street: 40 feet. (b) Collector street: 24 feet. (c) Minor street: 22 feet. (2) For major traffic streets deemed by the Commission to require wider pavements than the traffic needs of a particular subdivision, the matter of financial arrangements shall be taken up by the applicant with the officials having jurisdiction. F. Pavement requirements. Procedures/specifications: Design of all streets constructed shall be in accordance with the guidelines and requirements for design of local roads and streets contained in Design Manual, Part II, Highway Design, latest revision, and PennDOT Publication No. 408, 2000 Edition or latest. The following procedures
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shall be followed for the construction of all new streets within the Township of Dallas. (1) Local street: (a) If at the time of construction local unstable subgrade conditions are encountered, the Township Engineer may require that all areas of unstable subgrade be excavated to sufficient depth, replaced with approved material, and compacted to a density and stability equal to or greater than the surrounding subgrade. The Township Engineer may require PennDOT No. 408 specifications to be installed for the entire subgrade of the proposed cartway. Pavement base drain may be required by the Township Engineer. (b) Fine grade and roll subgrade. (c) Cut out all soft and yielding areas to a maximum depth of two feet and backfill with 2A modified or 3A modified crushed stone compacted in six-inch lifts. If the soil is still soft at the two-foot depth, place geotextile fabric in the bottom prior to backfilling with 2A or 3A modified crushed stone. (d) Place and compact a minimum six-inch depth of 2A modified crushed stone. (e) Place and compact a minimum four-and-one-half-inches depth of Superpave asphalt design, 25.0 mm, PG 64-22 base course. (f) Place and compact a minimum 1 1/2 inches of Superpave asphalt design, 9.5 mm, PG 64-22 wearing course. The appropriate skid-resistance level shall be used in accordance with PennDOT Publication Nos. 408 and 242. Design mix shall be submitted to the Township for review to include appropriate ESAL. (g) Pavement cores. All such streets shall have a sample pavement core taken at a distance of every 250 feet or less, with the locations designated by the Township Engineer, to verify the thickness of the pavement of said street. The sample pavement cores and results must be completed prior to final approval and acceptance of the streets by the Township.
§ 77-84. Limited exemption for road design standards. A. A subdivision or land development containing not more than two lots or two detached single-family dwellings units may be serviced by a private street having a minimum right-of way of not less than 50 feet. Said right-of-way shall be cleared of all vegetation and properly graded. The width of the cartway shall be not less than 16 feet and have a base consisting of not less than six inches of 2A modified stone. All other
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design specifications for a street as set forth in this chapter which do not conflict with the above shall apply. B. Any subdivision or land development qualifying and wishing to provide a private street, designed as such, shall contain covenants and/or deed restrictions as a condition of approval, recorded with the approved plan and addressing the following: (1) The street shall remain as a private street, not subject to offer for public dedication, unless it is improved to meet or exceed all applicable design standards in effect at the time such offer is made. (2) A maintenance agreement and appropriate provisions which outline the parties responsible for the continued use of the street. (3) An agreement with the Township under which elected officials, appointed officials, representatives and/or employees of Dallas Township are held harmless from any liability related to the use and safety of a private street, including, but not limited to, enforcement of the maintenance agreement in relationship to vehicular access of emergency vehicles. (4) Any further proposed development upon the site, excluding accessory structures, shall result in the development being classified as a major subdivision or major land development, subject to all applicable design standards for such in effect at the time approval is sought for additional development. (5) The private street shall be designed and maintained in a manner to prohibit the discharge or drainage of stormwater onto a public right-of-way.
§ 77-85. Driveways. A. Driveways, where provided, shall be located not less than 50 feet from any intersection whether on the same or opposite side of the adjoining street and provide access to the street of lower classification when a corner lot is bounded by streets of two different classifications. Distance shall be measured between the center line of the driveway and the nearest intersecting street right-of-way line. No part of a driveway for a single-family dwelling shall be located closer than 10 feet from a side property line. B. No driveway shall be constructed opposite the paved cartway on the turnaround portion of a cul-de-sac street within the area bounded by the pavement edge lines as extended across the turnaround. C. Driveways shall be so located as to provide reasonable sight distances at intersections with streets.
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D. The number of driveways shall not exceed one per lot or, on lots with street frontages in excess of 100 feet, one per 100 feet of street frontage. Such driveway may be of loop design. E. Driveway entrances shall be rounded at a minimum radius of five feet, or should have a flare constructed that is equivalent to this radius, at the point of intersection with the cartway edge (curbline) or outside shoulder edge, as applicable. For residential lots, the entrance of the driveway shall have a minimum angle of 60°, and for all other lots, 90°. The maximum driveway width at the edge of the cartway shall be 30 feet. F. The entrance to the cartway from the driveway shall not exceed a slope of 8% within 25 feet of the cartway or shoulder, as applicable. The shoulder slope shall be maintained for the full width of the shoulder. G. The pipe size shall be indicated on the preliminary plan via a legend which relates the size of piping to lots within the development. The preliminary plan and subsequent deeds to each lot shall provide language that the owners are responsible for the maintenance, including the replacement of drainage pipes that adjoin or run parallel to their property. Adequate drainage facilities shall be provided where driveways meet the street cartway. Driveway pipes are to be installed at locations where the Township Engineer determines them necessary. In cases where pipes are required, they shall be a minimum of 15 inches in diameter and shall be placed in line and on grade with the swale both upstream and downstream of the driveway. The minimum cover as recommended by the manufacturer shall be placed above the pipe. In areas where pipes are not required, the shoulder and swale shall be constructed to accommodate the size and grade of the swale through the driveway. In no case shall the low point of the shoulder be other than the proper elevation, as referenced to the crown of the cartway, as well as the proper distance from the edge of the cartway. H. Subdivisions should be designed to eliminate, where possible, driveways entering state or county highways. This shall be accomplished either by providing for a street parallel to the state or county highway and separated from it by a grass area, or by laying out lots such that the rear lot lines abut the state or county highway right- of-way and that provision for driveways be made from the front of the lot onto a street of the subdivision. I. All driveway entrances with access onto a Township road shall be required to secure a driveway permit in accordance with Resolution No. 2004-2. All driveway entrances with access onto state- or county- owned road shall be required to secure a highway occupancy permit from PennDOT or Luzerne County prior to construction and the establishment of the same. A deed restriction requiring the owner or developer of a property as the responsible party to secure the required Township driveway permit and/or highway occupancy permit shall be contained in all deeds.
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J. Streets offered for dedication will not be accepted unless all driveways entering such streets meet the standards outlined above.
§ 77-86. Bridges and stream crossings. Bridges and other stream-crossing structures which are part of the proposed street system shall be designed and constructed in accordance with current PennDOT standards and specifications. Evidence of compliance with and approval of the Division of Dams and Encroachments, Pennsylvania Department of Environmental Protection, shall be provided by the applicant, if applicable.
§ 77-87. Erosion and sedimentation control. The minimization of erosion and control of sedimentation in connection with land development and major subdivisions are in the public interest, affecting the health, safety, and welfare of the public, and therefore those regulations governing erosion and sedimentation are deemed necessary for the Township. A. General standards. (1) Erosion and sedimentation control plan required: No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been referred to and reviewed by the Township Engineer and/or the County Soil and Water Conservation District and approved by the Planning Commission, or there has been a determination by the Planning Commission after consultation with the above entities that such plans are not necessary. (2) Approval and financial security for plan: (a) No preliminary or final major subdivision or land development plan shall be approved unless: there has been an erosion and sedimentation control plan approved by the Luzerne County Conservation District that provides for minimizing erosion and sedimentation consistent with this section and an improvement bond or other form of financial security is deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements within five years of preliminary plan approval or one year of final plan approval; or there has been a determination by the Township that a plan for minimizing erosion and sedimentation is not necessary. (b) The developer or lot owner shall provide financial security as a construction guarantee in a form to be approved by the Township Solicitor in an amount equal to 110% of the full
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cost to install the facilities required by the approved plan. The financial security shall be released only after receipt by the Township of certifications and as-built drawings as required. (3) Minimum requirements of County Soil and Water Conservation District to be met: Where not specified in this chapter, measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the County Soil and Water Conservation District. The Township Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the Soil and Water Conservation District. B. Specific standards. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan: (1) Stripping. Stripping of vegetation, regrading, or other development shall be done in such a way that will prevent all but minor erosion. (2) Natural features. Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff. (3) Natural vegetation. Whenever feasible, natural vegetation shall be retained, protected and supplemented. (4) Disturbed areas. The disturbed area and the duration of exposure shall be kept to a practical minimum. (5) Stabilization. Disturbed soils shall be stabilized as quickly as practicable. (6) Temporary vegetation and mulching. Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development. (7) Permanent vegetation and measures. The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development. Permanent seeding on individual lots must be completed within 30 days of issuance of an occupancy permit. (8) Accommodation of increased runoff. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff shall be structurally retarded.
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(9) Containment of sedimentation. Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures. C. Grading for erosion and other environmental controls. In order to provide suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met: (1) Street improvements. Streets shall be improved to a mud-free or otherwise permanently passable conditions as one of the first items of work done on a subdivision or development. The cartway shall be constructed in accordance with § 77-87 and as approved by the Township Engineer. (2) Cuts and fills. Provision shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills by the installation of temporary or permanent drainage improvements across or above these areas. (3) Compaction of fill. Fill shall be placed and compacted so as to minimize sliding or erosion of the soil. Material for fill, other than that for a roadway base or subgrade, shall be acceptable material, placed in twelve-inch loose lifts and compacted to 95% of the material's dry weight density as determined by Modified Proctor Test, ASTM D-1557, Method C or D. (4) Fill near watercourses. No fill shall be placed within 50 feet of a watercourse or other body of water or within any area designated as a floodplain. (5) Dust control. During grading operations, necessary measures for dust control shall be exercised. (6) Stream crossings. Grading equipment shall not be allowed to enter into flowing streams. Provisions shall be made for the installation of temporary or permanent culverts or bridges. Where necessary, approval and/or permits must be secured from the proper state or federal agencies. D. Responsibility. (1) Sedimentation damage. Whenever sedimentation damage is caused by stripping vegetation, grading or other development, it shall be the responsibility of the land developer, applicant, contractor, person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at its expense as quickly as possible. (2) Maintenance of control facilities. Maintenance of all erosion and sedimentation control facilities during the construction and development period and until or unless they are accepted for
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dedication by the Township or other public authority shall be the responsibility of the land developer or applicant. (3) Maintenance of watercourses. (a) It shall be the responsibility of the developer, applicant, person, corporation, or other entity doing any act on or across a communal stream, watercourse, or swale, or upon the floodplain or right-of-way to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed. (b) Maintenance of drainage facilities or watercourses originating on and located completely on private property is the responsibility of the owner to the point of open discharge of the facility at the property line or at a communal watercourse within the property. (c) No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained prior approval from the Planning Commission or Pennsylvania Department of Environmental Protection, whichever has primary jurisdiction. (4) Installation of improvements. The applicant or land developer shall provide and install, at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) shown on the erosion and sedimentation control plan. E. Compliance with regulations and procedures. (1) Compliance as a condition of preliminary plan approval: The Township, in its consideration of all preliminary plans of a subdivision and/or land development, shall condition its approval upon the execution of erosion and sedimentation control measures. (2) Compliance with requirements of County Conservation District: The installation and design of the required erosion and sedimentation control measures shall be in accordance with standards and specifications of the County Conservation District. (3) Compliance with requirements of Pennsylvania Department of Environmental Protection: Stream channel construction shall conform to criteria established by the Pennsylvania Department of Environmental Protection.
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§ 77-88. Water supply facilities. Within any proposed major subdivision or major land development, if the water is to be provided by means other than by private wells owned and maintained by the individual owners of the lots within the subdivision or land development, the developer shall present evidence to the Planning Commission that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable as evidence.
§ 77-89. Centralized water system. A. All major subdivisions and land developments shall be served by an approved public distribution system for water supply. B. The plans for the installation of waterlines of a public water supply shall be prepared by the developer with the cooperation of the applicable public water company or authority and submitted with the preliminary plans. C. When a subdivision or land development is to be serviced by a centralized water supply system, fire hydrants shall be installed with a required flow rate of 500 gallons per minute at a pressure compliant with the most recent applicable standards of the National Fire Protection Code. The location and number of fire hydrants shall be determined on a case-by-case basis. Fire hydrants along any approved street shall not be more than 500 feet apart and connected to a water main not less than eight inches in diameter. D. All suppliers of water to any proposed subdivision or land development shall be organized in such a fashion as to fall within the jurisdiction of the Pennsylvania Public Utility Commission. One copy of all correspondence, supporting documentation, application for permits, and certificates for operation submitted to the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utility Commission for the right to provide such services shall be forwarded to the Township as part of the public record. One copy of the permit and certificate of convenience issued by the Pennsylvania Department of Environmental Protection and the Pennsylvania Public Utility Commission authorizing such services shall be forwarded upon receipt to the Planning Commission as part of the public record.
§ 77-90. On-lot water system. On-lot water systems, if permitted, shall be subject to the requirements of this section and subject to the design and construction requirements in accordance with the applicable criteria as set forth by the Pennsylvania
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Department of Environmental Protection. Any subdivision or land development which equals or exceeds 15 dwelling units and/or having a water consumption rate of 6,000 gallons per day, based upon complete build-out, shall be required to construct a centralized community water system. Each residential dwelling unit shall be deemed to have a water consumption rate of 400 gallons per day. A. Aquifer test required. (1) An aquifer test shall be required prior to the approval of a subdivision or land development plan representing three or more residential dwelling units or nonresidential use or uses which individually or collectively have an anticipated daily water usage demand of 1,200 gallons per day or more which propose to utilize an on-lot water system of any type. (2) A residential use is hereby within the context of normal household usage, based upon 400 gallons per day. Irrigation systems and open loop geothermal heating are expressly not included within the context of normal household usage. (3) In addition to the aquifer test, any subdivision or land development that will exceed 6,000 gallons per day after complete build-out shall be required to construct a centralized community water system. B. Aquifer test standards and procedures. No person shall propose the use of a public water supply system or individual wells for a development activity described in Subsection A without first administering the aquifer test required by this section and meeting the minimum requirements of Subsection C. (1) Test objective. The objectives of an aquifer test shall be one or more of the following: (a) To obtain sufficient data for the calculations of aquifer performance, including the coefficients of transmissibility and storage, permeability, and specific yield. (b) To determine the location and character of geologic boundaries. (c) To ascertain the effects of well interference. (2) Test standard. The aquifer test shall establish that the proposed well(s) is (are) capable of supplying potable water at the minimum rate of 400 gallons per day per dwelling unit, or in the case of nonresidential use, the anticipated daily water flow, at a demand rate of not less than eight gallons per minute for one hour either with or without the use of a storage system. The test shall also establish that no significant adverse impact will result to other existing wells.
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(3) Test supervision and evaluation. The aquifer test shall be conducted under the supervision of a professional consultant with experience in geology or professional engineer using testing procedures hereinafter set forth. The geologist or engineer shall be responsible for notifying the Township of the test. He or she will also summarize the test and its significance and make recommendations as to the suitability of the well or wells for the intended uses. The final report of the supervising person shall include an opinion as to whether the proposed use of the well will have an impact upon other existing wells in the immediate surrounding area. The supervising person shall provide the Township with a copy of all field notes and test results. (4) Test method. The method for conducting the aquifer test shall be as follows: An aquifer test shall be conducted for a minimum of 12 hours at a constant rate of pumping. The pumped well shall be the one proposed for the specified development activity for which the test is conducted. Two observation wells which have hydraulic continuity with the pumped well are required. The preferred method of analysis of the aquifer test data is the nonequilibrium formula, although other methods are available and may be used. These include various methods of analysis of either the drawdown or recovery data. (5) Collection of data. Data shall be collected in conjunction with the aquifer test as follows: (a) Prior to the test. [1] Collection of geologic data of the area to be tested including well logs, if available. [2] History of water level fluctuations in the area, when available. [3] The location, relative elevations and static water levels in the pumped well and the observation well or wells. (b) During the test: A standard aquifer test field data sheet will be required for a pumped well and each observation well. The data sheet shall include columns for listing: [1] Date. [2] Elapsed time since pumping started/stopped (in minutes plus seconds). [3] Depth to water below land surface. [4] Drawdown or recovery in feet and tenths. [5] Observed discharge at specified intervals.
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(c) Following the test: In accordance with recognized principles of well hydraulics, graphs shall be prepared to show time drawdown and time recovery for the pumped well and the observation wells. A distance drawdown graph will be required for anticipated rates of pumping. Computation of the coefficients of transmissibility and storage as well as the rate of pumping, time and drawdown are required as well as other data which may be considered necessary to satisfy the test objectives. (6) If the Planning Commission determines that the water withdrawal could result in a significant negative impact upon existing water users, then as a condition of any development approval, the Planning Commission may require that the applicant commit in a legally binding manner to appropriate mitigation of the negative impacts. This mitigation may include, but is not limited to: (a) A financial guarantee to fund a deeper well or a connection to a central water system for properties that experience significant negative impacts after the water withdrawal occurs. (b) A permanent conservation easement placed on sufficient land areas to result in an amount of groundwater recharge that is equivalent to the amount of groundwater that is being withdrawn or a legally binding commitment to reduce the amount of the water withdrawal during drought conditions. C. Water quality test. A water quality test shall be conducted concurrently with any aquifer test required in § 77-90B of this chapter. Such tests shall be conducted by a certified laboratory. The quality of the water tested shall meet the minimum public health drinking water standards as set forth in the National Safe Drinking Water Regulations of the Environmental Protection Agency as they presently exist or may hereafter be amended, or be capable of treatment to attain said standard of quality. D. Dry hydrants. When a subdivision or land development is to be serviced by an on-lot water system, with individual wells serving each lot, dry hydrants shall be installed that are connected to an underground water tank having a capacity of not less 15,000 gallons that is serviceable by a well. The design of all components shall be subject to the approval by the Planning Commission. The required number and locations of dry hydrants and underground tanks shall be determined on a case-by- case basis in relationship to number of dwelling units and area within a proposed development. In addition to the above requirements, a second well shall also be required for each underground tank for the purpose of refilling and maintaining a full water supply within each underground tank.
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§ 77-91. Sewage disposal facilities. All subdivisions and land developments shall be served with a sewage system (either centralized or on-lot) which meets or exceeds the applicable minimum design standards as set forth by the Pennsylvania Department of Environmental Protection. All proposed subdivisions and/or land developments shall require the preparation and submission of an appropriate sewage planning module to DEP in accordance with Pennsylvania Code Title 25.
§ 77-92. Centralized sewers. Unless stated otherwise, all terms used or referenced in this section shall have the meaning listed in the Appendix to Article VIII, titled "Definitions for Terms Included Within § 77-92."61 A. General requirements. (1) The specifications and details of design and construction of all items of the sanitary sewer system to be constructed for every subdivision shall be in accordance with the latest requirements and standards for sewerage facilities of the Pennsylvania Department of Environmental Protection, and in accordance with the design standards established by the Authority's sanitary engineer and the Authority's rates, rules and regulations. (2) All construction work of the sanitary sewer system shall be completed under the inspection of the Authority. Construction work requiring inspection and testing, backfilled without such approval or consent, shall be uncovered, the cost of uncovering and replacing to be borne by the applicant or his contractor. (3) Upon final inspection and acceptance by the Authority of the sanitary sewer system for the proposed subdivision, the complete sanitary sewer system including any treatment plant, if agreed to by the Authority, and all rights-of-way and easements for said system shall be dedicated to the Authority along with a maintenance bond provided for proper maintenance of said system for a period of one year from the date of acceptance by the Authority. (4) The costs of all reviews and approvals by the Authority's sanitary engineer and all inspection required for all construction work for the sanitary sewer system for the proposed subdivision shall be paid by the applicant. B. Sanitary sewer plan. (1) Prior to the start of construction, the applicant shall furnish a sanitary sewer plan of the sewage collection system for the
61.Editor's Note: Said appendix is included at the end of this chapter. 74:271 § 77-92 DALLAS CODE § 77-92
proposed subdivision for review and written approval by the Planning Commission and the Authority. (2) Such sanitary sewer plan shall show the plan layout of all collection sewers, service laterals, building sewers (initial or future), connecting sewers and trunk sewers. Profiles of all collection sewers, connecting sewers and trunk sewers shall also be shown. (3) The sanitary sewer plan shall show the location, size, slope, length, invert elevations (upstream and downstream at both manholes) of each length of collection sewer, connecting sewer, and trunk sewer; the location, length and elevation of the upstream end of each length of service lateral; and, where applicable, the location and size of building sewers and their relationship to septic tanks, seepage pits and of the tile fields. The sanitary sewer plan shall also show the elevation of manholes (tops and inverts) and buildings (the first floor and the basement floor). Descriptive bounds of all rights-of-way and easements shall be on the sanitary sewer plan or accompanying drawings. C. Connection to authority sewer sanitary sewer system and individual on-lot sewage disposal systems. [Amended 10-15-2013 by Ord. No. 2013-1] (1) The applicant of a proposed major subdivision or major land development which is located less than 350 feet from an existing the Dallas Township Municipal Authority (DAMA) sanitary sewer system shall be required to design, install and construct a sanitary sewage collection system, in accordance with all applicable design specifications of DAMA, which shall be connected to the DAMA sanitary sewer system. The aforementioned distance shall be based upon a measurement representing the shortest distance along the center line of existing public rights-of-way measured from the point of connection at the perimeter of the proposed major subdivision or land development to the point of connection to the DAMA sanitary sewer system. (2) If DAMA sanitary sewer system is not yet accessible, but is planned by DAMA for extension to the proposed major subdivision or land development within a period of five years or less, from the date of initial presentation of said major subdivision or land development to the Planning Commission, a sanitary sewage collection system, complete with collection sewers, service laterals and with the service laterals capped in accordance with the specifications of DAMA, shall be installed by the applicant in addition to the installation by the applicant of temporary individual on-lot sanitary disposal systems. All collection sewers and capped service laterals required by the terms hereof shall be installed before the streets and roads shown in the preliminary plan are constructed.
74:272 § 77-92 STREETS AND SIDEWALKS § 77-92
(3) If DAMA's sanitary sewer system is greater than 350 feet from a proposed major subdivision or major land development, and if an extension to such system to a distance less than 350 feet from a proposed major subdivision or land development is not being planned by the Authority for a period of five or more years from the date of initial presentation to the Planning Commission, the Planning Commission shall allow the use of individual on-lot sewage disposal systems in place of capped sewers. The aforementioned distance shall be based upon a measurement representing the shortest distance along the center line of existing public rights-of-way measured from the point of connection at the perimeter of the proposed major subdivision or land development to the point of connection to the DAMA sanitary sewer system. (4) If individual on-lot sewage disposal systems are approved, each lot shall have a primary and alternate on-lot sewage management program, approved by the Planning Commission and implemented by the applicant. All sales agreements or sales contracts for lots contained within the proposed major subdivision or land development shall contain specific language concerning the perpetual sewage management program and identify that all management services are to be performed by a third-party service provider who shall comply with the reporting requirements set by the Planning Commission and DAMA. D. Treatment plant. If the developer must install a sewage treatment plant under § 77-92C(1)(a)[3], the Authority may agree to take title to the plant upon satisfactory completion of the project and operate the plant and sewer system, charging those connected to the system an appropriate service charge. If the applicant desires the Authority to take over ownership and operation of such a sewage treatment plant, the applicant must so state when submitting the sanitary sewer plans and sewage treatment plant plans to the Authority for approval. E. Size and slope of sewers. (1) Collection sewers shall be at least eight-inches inside diameter and shall have a minimum slope of 0.40 feet per 100 feet (0.4%). (2) Trunk and connecting sewers shall be of the size and slope shown on the Authority's sewerage system master plan and shall be at least eight-inches inside diameter and shall have a minimum slope of 0.40 feet per 100 feet. (3) Service laterals shall be at least four-inches inside diameter and shall have a minimum slope of at least 1/8 inch per foot and shall be downward in the direction of flow. (4) Building sewers shall have a minimum slope of at least 1/4 inch per foot and shall be downward in the direction of flow.
74:273 § 77-92 DALLAS CODE § 77-93
(5) When physically required in order to connect with the service lateral, the slope of the building sewer may be reduced to 1/8 inch per foot but only with the permission of the Authority. F. House connections. (1) Capped service laterals shall be installed so that the capped end of the service lateral shall be at least four-feet horizontal distance from the edge of any paved road so that future house connections shall not be placed under or within four-feet horizontal distance from any paved road or driveway. (2) All service laterals requiring capping shall be so capped and sealed to prevent the infiltration of water or any other liquids, and the capped ends of all service laterals shall be installed with a permanent location-marking riser terminating one foot below the ground surface.
(3) Every individual house or building within the subdivision shall have a separate connection to the sewer system. G. Manholes. Manholes of the type and dimensions shown and described on the Authority drawings and in accordance with the Authority's specifications shall be installed at the locations shown on the approved sanitary sewer plan and shall be installed at the end of each collection sewer, at all changes in slope or grade, at all changes in size or alignment, at all intersections of sewers, at all intersections of streets or roads, and at distances not greater than 400 feet. H. Rights-of-way and easements. When it is necessary, due to natural drainage pattern and terrain, to install laterals, collection sewers, connecting sewers, or trunk sewers at locations not within the public right-of-way, then the subdivider shall obtain such rights-of-way or easements which shall have a minimum width of 40 feet for construction purposes and shall be established as permanent rights-of- way or easements with a minimum width of 20 feet for maintenance purposes. All such rights-of-way and easements shall be dedicated to the Authority by the subdivider and shall give the Authority the right to construct, lay and re-lay additional Authority sanitary sewers, storm sewers or waterlines, maintain and have access to and from the said rights-of-way or easements.
§ 77-93. On-lot sewage disposal system. A. On-lot sewage systems, both individual and community sewage systems, shall be designed and constructed in accordance with Pennsylvania Department of Environmental Protection requirements under Title 25, Rules and Regulations Part 1, Subpart C, Chapter 73 and any amendments thereto.
74:274 § 77-93 STREETS AND SIDEWALKS § 77-95
B. Prior to approval of the preliminary plan, the Township Sewage Enforcement Officer shall submit a report to the Planning Commission regarding the site and soils investigation and analysis. C. All systems utilizing subsurface disposal of sewage effluent (community sewage systems as defined by Chapter 73 of the Pennsylvania Department of Environmental Protection Regulations) shall be designed and constructed in accordance with requirements of the aforesaid Chapter 73 and any amendments thereto. A registered professional engineer employed by the applicant shall provide written certification that the existing or proposed facility has adequate capacity to satisfactorily treat the total projected sewage flow. D. A sewage permit must be approved and issued by the Township Sewage Enforcement Officer prior to the start of any construction or development upon any lot within an approved subdivision or land development.
§ 77-94. Stormwater management plans. [Amended 10-15-2013 by Ord. No. 2013-1] All subdivisions and land developments shall comply with the standards and requirements as set forth in Dallas Township Stormwater Management Ordinance.62
§ 77-95. Utility easements. Easements shall be provided for all utilities, including but not limited to poles, wires, conduits, storm and sanitary sewers, water and heat mains, gas, electric power, telephone, cable TV and roadway embankments. A. Location and width: With the exception of on-lot sewer laterals, utilities shall be located either within the public right-of-way or in easements centered on or adjacent to front, rear or side lot lines. No structures or trees shall be placed over or within such easements. Such easements shall be a minimum of 20 feet in width.
B. Underground installation: In developments of five or more lots or residential developments of five or more dwelling units, electric, telephone and all other utility facilities shall be installed underground. All existing and proposed utilities shall be shown on the preliminary plan. Prior to final plan approval, the developer shall be required to obtain a letter from each utility company providing service to the subdivision stating that it has entered into an agreement with the developer to provide for such a system. All underground utilities, including laterals, service connections, etc. or provisions for the same, shall be installed prior to the placing of the subbase material in areas where the utilities underlie the cartway.
62.Editor's Note: See Ch. 72, Stormwater Management. 74:275 § 77-95 DALLAS CODE § 77-96
C. Petroleum, gas and electric transmission lines: Where any petroleum, petroleum products, natural gas or electric transmission line traverses a subdivision or land development, the developer shall confer with the applicable transmission or distribution company to determine the minimum distance which the company requires between each structure and the center line of such transmission line. Prior to preliminary plan approval, the developer shall be required to obtain a letter from the transmission or distribution company stating that it has entered into an agreement with the developer establishing an easement through the tract and stating any conditions on the use of the tract and the easement width. (1) Any company intending to install a petroleum, petroleum products or natural gas transmission line shall be required to construct such line on an easement at least 50 feet wide, and the line shall be located at the center of such easement. The installation shall comply with all applicable standards of the Pennsylvania Utilities Commission. (2) A minimum distance of 25 feet, measured from the edge of the easement, shall be required between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses a subdivision.
§ 77-96. Swales, curbs and sidewalks. A. Drainage swales. (1) The use of rock-lined swales shall be expressly prohibited. (2) Drainage swales shall not be located within the public right-of-way or upon any property intended to be offered for public dedication. Any drainage swales that are intended for private dedication, including but not limited to a homeowners' association, shall provide a maintenance plan and required funding of the same for approval by the Planning Commission. Drainage swales which are part of the stormwater management plan that have slopes of 8% or more shall be paved, and the Planning Commission may require the paving of drainage swales on less than eight-percent slopes. B. Curbs. (1) Curbs may be required on all streets and parking lots located within a major subdivision or major land development, both residential and nonresidential. Collector and arterial streets which do not require curbs shall have shoulders 12 feet in width. Curbs or other drainage controls shall be installed to properly control surface drainage and protect the streets from erosion. (2) Requirements for physically handicapped persons: Where sidewalks are provided, all curbs shall be designed and constructed with barrier-free ramps at intersections. Said ramps shall not outlet
74:276 § 77-96 STREETS AND SIDEWALKS § 77-96
onto a catch basin and shall be located and designed in accordance with the most recent ADA standards. (3) Curb type: Curbs shall be poured-in-place Portland cement concrete or natural granite from an approved source. Provision shall be made for driveway access for each lot. (4) Construction material: All curbs shall be constructed of Portland cement concrete with expansion joints at a maximum spacing of 15 feet and shall conform with PennDOT 1994 Specifications 408, or latest edition, where applicable. Minimum concrete strength shall be 3,750 psi at 28 days. Concrete testing, including break and slump testing, is the obligation of the developer to assure compliance with this section. Testing lab must be approved by the Township Engineer. Curbs shall be eight inches wide at their base with a one-inch batter. Top width shall be seven inches and minimum depth of 18 inches. Expansion joints shall be constructed with three-fourths-inch premolded expansion joint material. Expansion joints shall be required at all obstructions. All concrete shall be cured in accordance with PennDOT 1994 Specifications 408, or latest edition. C. Sidewalks. (1) The Township may require installation of sidewalks in any subdivision or land development where the evidence indicates that sidewalks are necessary for the public safety, including but not limited to both sides of all streets and parking lots located within multifamily and apartment building developments. Each property owner shall be responsible for the maintenance of sidewalks which border his or her property. Said responsibility for sidewalk maintenance shall be contained within each deed of a proposed subdivision. (2) Width and construction. Sidewalks shall be constructed with class AA concrete having a minimum strength of 3,750 psi at 28 days. Minimum depth of sidewalks shall be five inches with a subbase of four inches. Where crossed by driveways, sidewalks shall be six-inches minimum depth with a subbase of four inches. False joints shall be provided at maximum intervals of five feet and shall be at least 1/4 the depth of the concrete. Expansion joints shall be provided at all walls, poles, curbs, and other obstructions. All concrete shall be cured in accordance with the latest edition of PennDOT Specifications 408. Forms shall be removed no sooner than seven days after sidewalk concrete is poured. Sidewalks shall be sprayed with anti-spalling compound within 28 days after being poured. D. Driveway access. The developer shall provide sufficient curb depressions at the time of original curb construction to permit driveway access to each lot. Where sidewalks are also required, the developer
74:277 § 77-96 DALLAS CODE § 77-97
shall install a concrete transition apron between curb and sidewalk at each such depression concurrently with curb and sidewalk construction. Each property within a subdivision or land development shall contain a deed restriction which requires that all driveways onto a property shall be installed in full compliance with the required transition apron.
§ 77-97. Nonresidential subdivision and land development. A. General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision or land development with respect to such land shall make such provisions as the Planning Commission requires. B. A nonresidential subdivision or land development shall also be subject to all the requirements of site plan approval set forth in the Zoning Ordinance. Site plan approval and nonresidential subdivision plan approval may proceed simultaneously at the discretion of the Board of Supervisors. A nonresidential subdivision shall be subject to all the requirements of these regulations as well as such additional standards required by the Planning Commission and shall conform to the proposed land use and standards established in the Comprehensive Plan and Zoning Ordinance. C. Standards. In addition to the requirements and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Board of Supervisors that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed: (1) Proposed industrial parcels shall be suitable in the types of industrial or commercial development anticipated. (2) Street right-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon. (3) Special requirements may be imposed by the Planning Commission with respect to street, curb, gutter and sidewalk design and construction. (4) Special requirements may be imposed by the Planning Commission with respect to the installation of public utilities, including water, sewer and storm drainage. (5) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing on existing or potential residential development and
74:278 § 77-97 STREETS AND SIDEWALKS § 77-97
provisions for a permanently landscaped buffer strip when necessary. (6) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing and potential residential areas without provisions for a permanently landscaped buffer strip when necessary.
74:279
§ 77-98 STREETS AND SIDEWALKS § 77-99
ARTICLE IX Mobile Home Parks
§ 77-98. General requirements. In accordance with Section 501 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, provisions regulating mobile home parks shall be separate and distinct. The standards and regulations provided herein shall apply to both the development and expansion of mobile home parks. The development and/or expansion of a mobile home park shall be deemed as a subdivision or land development and shall be subject to design standards within Article VIII and regulations provided within this article and all sections and subsections thereunder.
§ 77-99. Site location standards. A. All mobile home parks shall have a total land area of not less than 10 acres. B. All mobile home parks shall be located on well drained land with the average natural slope not exceeding 10%. C. All mobile home parks shall have access to public streets or roads. D. All mobile home parks shall be serviced by an off-site sewage disposal system and a central water supply and distribution system. E. Mobile homes shall not be located on sites so that any portion of any mobile home is closer than 30 feet to any portion of any other mobile home or permanent building within the mobile home park. F. Access to mobile home sites shall be from interior driveways, access drives or private streets and shall not be from public street or roads. Entrance roads shall have a paved cartway width of at least 24 feet. G. Every mobile home site shall be provided with a minimum of two off- street parking spaces.
H. All mobile home parks shall be provided with pedestrian walkways on at least one side of every street. I. The minimum area of land per mobile home site shall be not less than 7,200 square feet, with the dimensions being 60 feet by 120 feet. There shall be an interior spacing distance of not less than 30 feet from the defined site on which the mobile home is located to the next defined site for a mobile home. J. Every mobile home park shall provide a defined recreational site or sites which shall contain an area of land not less than 5% of the total gross land area within the boundaries of the mobile home park. All recreational sites shall be located in areas which are readily accessible to all residents of the mobile home park. A recreational development plan shall be provided which identifies passive and active recreational 74:281 § 77-99 DALLAS CODE § 77-99
features to be provided upon the site, including recreational equipment, play apparatus, benches, and all other features and facilities to be incorporated into the design of the recreational site. The location of the recreational site and the recreational development plan shall be subject to the review and approval of the Board of Supervisors. The recreational site must be identified and approved by the Board of Supervisors prior to final approval of the development or expansion of a mobile home park. To guarantee the installation of all improvements to the site, the applicant shall be required to complete the installation of all such improvements prior to receiving an unconditional final approval or to post an irrevocable letter of credit in the amount of 110% of the estimated cost of improvements. The procedures and standards contained within Section 509 of the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall apply to posting the aforementioned irrevocable letter of credit. The procedures and standards within Section 510 of Act 247, as amended, shall apply to the release of the irrevocable letter of credit upon the completion of the required improvements. The applicant shall be required to reimburse the Township for any consulting fees associated with the inspection of improvements to the site. Said reimbursement must be paid at the same meeting of the Board of Supervisors at which the applicant seeks final and unconditional approval of said improvements. K. Each mobile home site shall be provided with a stand or pad consisting of two concrete strips to accommodate the supporting base or foundation of the mobile home. L. Every mobile home in the park shall be enclosed from the bottom of the mobile home to the ground or stand using industry-approved skirting material compatible with the home. M. Every mobile home shall be securely anchored or tied down on at least the four corners and/or in accordance with the manufacturer's recommendations furnished with each home. N. The owner/operator of each mobile home park shall provide a refuse disposal plan. O. An approved soil erosion and sedimentation plan and a stormwater management plan shall be required prior to the unconditional approval for the development or expansion of a mobile home park. P. An approved Department of Environmental Protection planning module shall be required prior to the unconditional approval for the development or expansion of a mobile home park.
74:282 § 77-99 STREETS AND SIDEWALKS § 77-99
Chapter 81
TAXATION
74:283
§ 81-1 STREETS AND SIDEWALKS § 81-3
ARTICLE I Earned Income Tax [Adopted 11-21-1966 by Ord. No. 1966-4]
§ 81-1. Imposition of tax. A tax of 1% is hereby levied on earned income received and on net profits earned by persons within Dallas Township and by persons who are residents of Dallas Township. The effective date of this article is January 1, 1967, and the tax shall continue in force on a calendar year basis or taxpayer fiscal year basis.
§ 81-2. Adoption of statutory provisions. A. The provisions of § 13 of the Local Tax Enabling Act,63 from "I. Definitions" through "IX. Fines and Penalties," inclusive, are hereby included in this article and incorporated herein by reference and as required by such Act shall be construed to be a part of the tax levied and assessed by this article. B. In accordance with the provisions of Subsection IIIA(1) of § 13, the Supervisors of Dallas Township as the governing body elect to require the filing of a declaration of estimated net profits and quarterly payments. C. In accordance with the provisions of Subsection IIIA(4) of § 13, the Income Tax Officer is authorized to provide by regulation for the making and filing of adjusted declarations of estimated net profits, et cetera, as set forth in such subsection. D. In accordance with the provisions of Subsection IIIB of § 13, the Supervisors of Dallas Township as the governing body elect to require every taxpayer to make and file a final return as set forth in the first paragraph of such subsection. E. In accordance with the provisions of Subsection IIIB of § 13, the Supervisors of Dallas Township as the governing body elect to require every taxpayer, who is employed for a salary, et cetera, and who received any earned income not subject to withholding, to make and file an annual return as set forth in the second paragraph of such subsection.
§ 81-3. Tax credits and deductions. In accordance with the provisions of § 14 of the Local Tax Enabling Act:64 A. Payment of any tax to any political subdivision pursuant to an ordinance or resolution passed or adopted prior to the effective date of such act
63.Editor's Note: See 53 P.S. § 6913. 64.Editor's Note: See 53 P.S. § 6914. 74:285 § 81-3 DALLAS CODE § 81-5
shall be credited to and allowed as a deduction from the liability of taxpayers for any like tax imposed by this article. B. Payment of any tax on salaries, wages, commissions, other compensation or net profits of business, professions or other activities to a political subdivision by residents thereof pursuant to an ordinance or resolution passed or adopted under the authority of such Act shall be credited to and allowed as a deduction from the liability of such persons for any other like tax imposed by this article. C. Payment of any tax on income to any political subdivision by residents thereof pursuant to an ordinance or resolution passed or adopted under the authority of such Act shall, to the extent that such income includes salaries, wages, commissions, other compensation or net profits of businesses, professions, or other activities, but in such proportion as hereinafter set forth, be credited to and allowed as a deduction from the liability of such persons for any other tax imposed by this article. D. Payment of any tax on income to any state or to any political subdivision thereof by residents thereof, pursuant to any state or local law, shall, to the extent that such income includes salaries, wages, commissions, or other compensation or net profits of businesses, professions or other activities, but in such proportions as hereinafter set forth, be credited to and allowed as a deduction from the liability of such person for any other tax imposed by this article, if residents of the political subdivision in Pennsylvania receive credits and deductions of a similar kind to a like degree from the tax on income imposed by the other state or political subdivision thereof. E. Payment of any tax on income to any state other than Pennsylvania or to any political subdivision located outside the boundaries of this commonwealth, by residents of a political subdivision located in Pennsylvania, shall, to the extent that such income includes salaries, wages, commissions, or other compensation or net profits of businesses, professions or other activities, but in such proportions as hereinafter set forth, be credited to and allowed as a deduction from the liability of such person for any other tax imposed by this article. F. Where a credit or a deduction is allowable in any of the several cases hereinabove provided, it shall be allowed in proportion to the concurrent periods for which taxes are imposed by the other state or respective political subdivisions, but not in excess of the amount previously paid for a concurrent period.
§ 81-4. Exemption. [Added 10-2-2001 by Ord. No. 2001-1] Persons whose total income from all sources is less than $5,000 per annum are hereby exempted from this tax.
74:286 § 81-5 STREETS AND SIDEWALKS § 81-7
§ 81-5. Collection of tax. The Supervisors of Dallas Township shall appoint by resolution an Income Tax Officer and such clerks, collectors, assistants and employees as may be deemed necessary for the assessment and collection of taxes imposed by this article. The Supervisors may make a joint agreement with other political subdivisions and may agree to appoint one person or agency to collect taxes upon earned income imposed by other political subdivisions and Dallas Township. The Supervisors of Dallas Township shall by resolution determine the compensation to be paid to the Income Tax Officer for his services and expenses, fix the amount of the bond to be furnished by the Officer, and designate the custodian of such bond.
§ 81-6. Review of accounts and records. The Supervisors of Dallas Township shall provide for not less than one examination each year of the books, accounts and records of the Income Tax Collector by a certified public accountant appointed by them by resolution.
§ 81-7. Additional collection powers. The Income Tax Officer, in addition to the powers and duties set forth in "V. Powers and Duties of Officer" as set forth in § 13 of the Local Tax Enabling Act,65 shall also have the powers set forth in §§ 18, 19, 20 and 21 of such Act66 in relation to collection of taxes, which sections are hereby incorporated herein by reference.
65.Editor's Note: See 53 P.S § 6913. 66.Editor's Note: See 53 P.S §§ 6918, 6919, 6920 and 6921. 74:287
§ 81-8 STREETS AND SIDEWALKS § 81-8
ARTICLE II (Reserved)67
§ 81-8. through § 81-15. (Reserved)
67.Editor's Note: Former Art. II, Per Capita Tax, adopted 2-1-1972 by Ord. No. 1972-1. 74:289
§ 81-16 STREETS AND SIDEWALKS § 81-19
ARTICLE III Realty Transfer Tax [Adopted 10-2-2001 by Ord. No. 2001-1]
§ 81-16. Short title. This article shall be known as the "Realty Transfer Tax of Dallas Township."
§ 81-17. Authority. This realty transfer tax is levied under authority of Article XI-D, entitled "Local Real Estate Transfer Tax," of the Pennsylvania Real Estate Transfer Tax Act, which is a new article added by Act 77-1986 (Act of July 2, 1986, P.L. 318, No. 77) to the Pennsylvania Real Estate Transfer Tax Act, Act 14-1981 (Act of May 5, 1981, P.L. 36), as amended. The Pennsylvania Real Estate Transfer Tax Act is codified at 72 P.S. § 8101-C et seq., and Article XI-D is codified at 72 P.S. § 8101-D et seq. A tax imposed under said article is to be administered, collected and enforced under the Act of December 31, 1965 (P.L. 1257, No. 511), known as the "Local Tax Enabling Act." The tax imposed hereunder is imposed for general revenue purposes.
§ 81-18. Definitions.) As used in this article, the words and phrases defined in 72 P.S. § 8101-C shall have the meanings ascribed to them in that section.
§ 81-19. Imposition of tax; interest. A. Every person who makes, executes, delivers, accepts or presents for recording any document or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the transaction, or any part thereof, a tax at the rate of 1% of the value of the real estate represented by such document, which tax shall be payable at the earlier of the time the document is presented for recording or within 30 days of acceptance of such document or within 30 days of becoming an acquired company. B. The payment of the tax imposed herein shall be evidenced by the affixing of an official stamp or writing by the Collector wherein the date of the payment of the tax and the amount of the tax shall be set forth. C. If the real estate is located partially within and partially outside the municipality, the tax shall be calculated on the value of the portion within the municipality. D. The tax imposed hereunder shall be due and payable to the Collector, as a joint and several liability, by every person who makes, executes, delivers, accepts or presents for recording any document or in whose behalf any document is made, executed, delivered, accepted or presented for recording. In the case of an acquired company, the
74:291 § 81-19 DALLAS CODE § 81-21
company shall also have liability for payment of the tax. All such persons shall also be liable for any penalties imposed under this article. E. It is the intent of this article that the entire burden of the tax imposed herein on a person or transfer shall not exceed the limitations prescribed in the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, 53 P.S. § 6901 et seq., so that if any other political subdivision shall have imposed or hereafter shall impose such tax on the same person or transfer then the tax levied by the municipality under the authority of that Act shall during the time such duplication of the tax exists, except as hereinafter otherwise provided, be 1/2 of the rate, and such 1/2 rate shall become effective without any action on the part of the municipality; provided, however, that the municipality and any other political subdivision which imposes such tax on the same person or transfer may agree that, instead of limiting their respective rates to 1/2 of the rate herein provided, they will impose respectively different rates, the total of which shall not exceed the maximum rate permitted under the Local Tax Enabling Act. F. If for any reason the tax is not paid when due, interest at the legal rate in effect at the time the tax is due shall be added and collected.
§ 81-20. Exempt parties. The United States, the commonwealth or any of their instrumentalities, agencies or political subdivisions shall be exempt from payment of the tax imposed by this article. The exemption of such governmental bodies shall not, however, relieve any other party to a transaction from liability for the tax.
§ 81-21. Excluded transactions. A. The tax imposed by § 81-19 shall not be imposed upon: (1) A transfer to the commonwealth, or to any of its instrumentalities, agencies or political subdivisions by gift, dedication or deed in lieu of condemnation or deed of confirmation in connection with condemnation proceedings, or a reconveyance by the condemning body of the property condemned to the owner of record at the time of condemnation which reconveyance may include property line adjustments, provided that said reconveyance is made within one year from the date of condemnation. (2) A document which the municipality is prohibited from taxing under the Constitution or statutes of the United States. (3) A conveyance to a municipality, Township, school district or County pursuant to acquisition by the municipality, Township, school district or County of a tax delinquent property at sheriff sale or Tax Claim Bureau sale.
74:292 § 81-21 STREETS AND SIDEWALKS § 81-21
(4) A transfer for no or nominal actual consideration which corrects or confirms a transfer previously recorded, but which does not extend or limit existing record legal title or interest. (5) A transfer of division in kind for no or nominal actual consideration of property passed by testate or intestate succession and held by cotenants; however, if any of the parties takes shares greater in value than their undivided interest, tax is due on the excess. (6) A transfer between husband and wife, between persons who were previously husband and wife who have since been divorced, provided that the property or interest therein subject to such transfer was acquired by the husband and wife or husband or wife prior to the granting of the final decree in divorce, between parent and child or the spouse of such child, between brother or sister or spouse of a brother or sister and brother or sister or the spouse of a brother or sister and between a grandparent and grandchild or the spouse of such grandchild, except that a subsequent transfer by the grantee within one year shall be subject to tax as if the grantor were making such transfer. (7) A transfer for no or nominal actual consideration of property passing by testate or intestate succession from a personal representative of a decedent to the decedent's devisee or heir. (8) A transfer for no or nominal actual consideration to a trustee of an ordinary trust where the transfer of the same property would be exempt if the transfer was made directly from the grantor to all of the possible beneficiaries, whether or not such beneficiaries are contingent or specifically named. No such exemption shall be granted unless the Recorder of Deeds is presented with a copy of the trust instrument that clearly identifies the grantor and all possible beneficiaries. (9) A transfer for no or nominal actual consideration from a trustee to a beneficiary of an ordinary trust. (10)A transfer for no or nominal actual consideration from trustee to successor trustee. (11)A transfer for no or nominal actual consideration between principal and agent or straw party; or from or to an agent or straw party where, if the agent or straw party were his principal, no tax would be imposed under this article. Where the document by which title is acquired by a grantee or statement of value fails to set forth that the property was acquired by the grantee from or for the benefit of his principal, there is a rebuttable presumption that the property is the property of the grantee in his individual capacity if the grantee claims an exemption from taxation under this clause. (12)A transfer made pursuant to the statutory merger or consolidation of a corporation or statutory division of a nonprofit corporation,
74:293 § 81-21 DALLAS CODE § 81-21
except where the municipality reasonably determines that the primary intent for such merger, consolidation or division is avoidance of the tax imposed by this article. (13)A transfer from a corporation or association of real estate held of record in the name of the corporation or association where the grantee owns stock of the corporation or an interest in the association in the same proportion as his interest in or ownership of the real estate being conveyed and where the stock of the corporation or the interest in the association has been held by the grantee for more than two years. (14)A transfer from a nonprofit industrial development agency or authority to a grantee of property conveyed by the grantee to that agency or authority as security for a debt of the grantee or a transfer to a nonprofit industrial development agency or authority. (15)A transfer from a nonprofit industrial development agency or authority to a grantee purchasing directly from it, but only if the grantee shall directly use such real estate for the primary purpose of manufacturing, fabricating, compounding, processing, publishing, research and development, transportation, energy conversion, energy production, pollution control, warehousing or agriculture; and the agency or authority has the full ownership interest in the real estate transferred. (16)A transfer by a mortgagor to the holder of a bona fide mortgage in default in lieu of a foreclosure or a transfer pursuant to a judicial sale in which the successful bidder is the bone fide holder of a mortgage, unless the holder assigns the bid to another person. (17)Any transfer between religious organizations or other bodies or persons holding title for a religious organization if such real estate is not being or has not been used by such transferor for commercial purposes. (18)A transfer to a conservancy which possesses a tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954 [68A. Stat. 3, 26 U.S.C. § 501(c)(3)] and which has as its primary purpose preservation of land for historic, recreational, scenic, agricultural or open space opportunities; or a transfer from such a conservancy to the United States, the commonwealth or to any of their instrumentalities, agencies or political subdivisions; or any transfer from such a conservancy where the real estate is encumbered by a perpetual agricultural conservation easement as defined by the Act of June 30, 1981 (P.L. 128, No. 43),68 known as the "Agricultural Area Security Law," and such conservancy has owned the real estate for at least two years immediately prior to the transfer.
68.Editor's Note: See 3 P.S. § 901 et seq. 74:294 § 81-21 STREETS AND SIDEWALKS § 81-23
(19)A transfer of real estate devoted to the business of agriculture to a family farm corporation by a member of the same family which directly owns at least 75% of each class of the stock thereof. (20)A transfer of real estate devoted to the business of agriculture to a family farm partnership by a member of the same family, which family directly owns at least 75% of the interest in the partnership. (21)A transfer between members of the same family of an ownership interest in a real estate company, family farm corporation or family farm partnership which owns real estate. (22)A transaction wherein the tax due is $1 or less. (23)Leases for the production or extraction of coal, oil, natural gas or minerals and assignments thereof. B. In order to exercise any exclusion provided in this section, the true, full and complete value of the transfer shall be shown on the statement of value. A copy of the Pennsylvania Realty Transfer Tax Statement of Value may be submitted for this purpose. For leases of coal, oil, natural gas or minerals, the statement of value may be limited to an explanation of the reason such document is not subject to tax under this article.
§ 81-22. Documents relating to associations or corporations and members, partners, stockholders or shareholders thereof. Except as otherwise provided in § 81-21, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and the members, partners, shareholders or stockholders thereof are fully taxable. For the purposes of this article, corporations and associations are entities separate from their members, partners, stockholders or shareholders.
§ 81-23. Acquired company. A. A real estate company is an acquired company upon a change in the ownership interest in the company, however effected, if the change does not affect the continuity of the company; and of itself or together with prior changes has the effect of transferring, directly or indirectly, 90% or more of the total ownership interest in the company within a period of three years. B. With respect to real estate acquired after February 16, 1986, a family farm corporation is an acquired company when, because of voluntary or involuntary dissolution, it ceases to be a family farm corporation or when, because of issuance or transfer of stock or because of acquisition or transfer of assets that are devoted to the business of agriculture, it fails to meet the minimum requirements of a family farm corporation under this article.
74:295 § 81-23 DALLAS CODE § 81-26
C. A family farm partnership is an acquired company when, because of voluntary or involuntary dissolution, it ceases to be a family farm partnership or when, because of transfer of partnership interests or because of acquisition or transfer of assets that are devoted to the business of agriculture, it fails to meet the minimum requirements of a family farm partnership under this Act. D. Within 30 days after becoming an acquired company, the company shall present a declaration of acquisition with the Recorder of each County in which it holds real estate for the affixation of documentary stamps and recording. Such declaration shall set forth the value of real estate holdings of the acquired company in such County. A copy of the Pennsylvania Realty Transfer Tax Declaration of Acquisition may be submitted for this purpose.
§ 81-24. Credits against tax. A. Where there is a transfer of a residential property by a licensed real estate broker, which property was transferred to him or her within the preceding year as consideration for the purchase of other residential property, a credit for the amount of the tax paid at the time of the transfer to him or her shall be given to him or her toward the amount of the tax due upon the transfer. B. Where there is a transfer by a builder of residential property which was transferred to the builder within the preceding year as consideration for the purchase of new, previously unoccupied residential property, a credit for the amount of the tax paid at the time of the transfer to the builder shall be given to the builder toward the amount of the tax due upon the transfer. C. Where there is a transfer of real estate which is demised by the grantor, a credit for the amount of tax paid at the time of the demise shall be given the grantor toward the tax due upon the transfer. D. Where there is a conveyance by deed of real estate which was previously sold under a land contract by the grantor, a credit for the amount of tax paid at the time of the sale shall be given the grantor toward the tax due upon the deed. E. If the tax due upon the transfer is greater than the credit given under this section, the difference shall be paid. If the credit allowed is greater than the amount of tax due, no refund or carry-over credit shall be allowed.
§ 81-25. Extension of lease. In determining the term of a lease, it shall be presumed that a right or option to renew or extend a lease will be exercised if the rental charge to the lessee is fixed or if a method for calculating the rental charge is established.
74:296 § 81-26 STREETS AND SIDEWALKS § 81-28
§ 81-26. Proceeds of judicial sale. The tax herein imposed shall be fully paid, and have priority out of the proceeds or any judicial sale of real estate before any other obligation, claim, lien, judgment, estate or costs of the sale and of the writ upon which the sale is made, and the sheriff or other officer conducting said sale shall pay the tax herein imposed out of the first moneys paid to him or her in connection therewith. If the proceeds of the sale are insufficient to pay the entire tax herein imposed, the purchaser shall be liable for the remaining tax.
§ 81-27. Duties of Recorder of Deeds. A. As provided in 16 P.S. § 11011-6, as amended by the Act of July 7, 1983, P.L. 40, the Recorder of Deeds shall be the collection agent for the local realty transfer tax, including any amount payable to the municipality based on a redetermination of the amount of tax due by the Commonwealth of Pennsylvania of the Pennsylvania realty transfer tax, without compensation from the municipality. B. In order to ascertain the amount of taxes due when the property is located in more than one political subdivision, the Recorder shall not accept for recording such a deed unless it is accompanied by a statement of value showing what taxes are due each municipality. C. On or before the 10th of each month, the Recorder shall pay over to the municipality all local realty transfer taxes collected less 2% for use of the County, together with a report containing the information as is required by the Commonwealth of Pennsylvania in reporting collections of the Pennsylvania realty transfer tax. The two-percent commission shall be paid to the County. D. Upon a redetermination of the amount of realty transfer tax due by the Commonwealth of Pennsylvania, the Recorder shall rerecord the deed or record the additional realty transfer tax form only when both the state and local amounts and a rerecording or recording fee has been tendered.
§ 81-28. Statement of value. Every document lodged with or presented to the Recorder of Deeds for recording shall set forth therein and as a part of such document the true, full and complete value thereof, or shall be accompanied by a statement of value executed by a responsible person connected with the transaction showing such connection and setting forth the true, full and complete value thereof or the reason, if any, why such document is not subject to tax under this article. A copy of the Pennsylvania Realty Transfer Tax Statement of Value may be submitted for this purpose. The provisions of this section shall not apply to any excludable real estate transfers which are exempt from taxation based on family relationship. Other documents presented for the affixation of stamps shall be accompanied by a certified copy of
74:297 § 81-28 DALLAS CODE § 81-31 the document and statement of value executed by a responsible person connected with the transaction showing such connection and setting forth the true, full and complete value thereof or the reason, if any, why such document is not subject to tax under this article.
§ 81-29. Unlawful acts; penalty. A. It shall be unlawful for any person to make, execute, deliver, accept or present for recording or cause to be made, executed, delivered, accepted or presented for recording any document without the full amount of tax thereon being duly paid; fail to record a declaration of acquisition, as required by this article; fraudulently affix to any document any forged evidence of payment; or fail, neglect or refuse to comply with or violate other provisions of this article or any rules and regulations promulgated by the municipality under this article, or any rules and regulations of the Pennsylvania Department of Revenue to the extent applicable to the tax levied hereunder. B. Any person violating any of the provisions of this article shall be guilty of a summary offense.
§ 81-30. Civil penalties. A. If any tax owing under the terms of this article shall not be paid when due, 10% of the amount of the tax shall be added and collected as an initial penalty for nonpayment or underpayment of the tax. B. In addition, if any tax owing under the terms of this article shall not be paid when due, a penalty shall accrue on the amount of the unpaid tax at the rate of 1% per month or fractional part of a month on the amount of the unpaid tax, from the due date until the amount of the tax is paid in full. C. If any part of any underpayment of tax imposed by this article is due to fraud, there shall be added to the tax an amount equal to 50% of the underpayment.
D. In the case of failure to record a declaration required under this article on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause, there shall be added to the tax 5% of the amount of such tax if the failure is for not more than one month, with an additional 5% of each additional month or fraction thereof during which such failure continues, not exceeding 50% in the aggregate alone or in combination with other penalties. E. In addition, if the municipality files suit in order to collect the amount of any tax not paid when due under this article, at the discretion of the court, any person liable for payment of the tax shall also be liable for reasonable attorneys' fees incurred by the municipality in prosecution of the suit.
74:298 § 81-31 STREETS AND SIDEWALKS § 81-35
§ 81-31. Violations and penalties. Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
§ 81-32. Lien. The tax imposed by this article shall become a lien upon the lands, tenements or hereditaments, or any interest therein, lying, being situated, wholly or in part within the boundaries of the municipality, which lands, tenements, hereditaments or interest therein are described in or conveyed by or transferred by the deed or other instrument which is the subject of the tax imposed, assessed and levied by this article, said lien to begin at the time when the tax under this article is due and payable, and continue until discharge by payment, or in accordance with the law, and the solicitor is authorized to file a municipal or tax claim in the Court of Common Pleas of Cumberland County, in accordance with the provisions of the Municipal Claims and Liens Act of 1923, 53 P.S. § 7101 et seq., its supplements and amendments, or to proceed in any other appropriate manner.
§ 81-33. Enforcement. All taxes imposed by this article, together with interest and penalties prescribed herein, shall be recoverable as other debts of like character are recovered, including by suit in assumpsit.
§ 81-34. Regulations. The municipality may promulgate and enforce reasonable rules and regulations for the interpretation, collection and enforcement of the tax.
§ 81-35. Interpretation; effect. A. To the extent that this article imposes a tax on a real estate transaction which is subject to the Commonwealth of Pennsylvania realty transfer tax imposed by Act 77-1986, and to the extent not inconsistent herewith or with rules or regulations adopted by the municipality, this article shall be interpreted in the same manner as Act 77-1986 and in accordance with regulations promulgated thereunder.
74:299 § 81-35 DALLAS CODE § 81-35
B. The provisions of this article, so far as they are the same as those of ordinances in force immediately prior to adoption of this article, are intended as a continuation of such ordinance, and not as new enactments. C. This article is intended to supplement the realty transfer tax in effect prior to adoption of this article by imposing a tax on real estate transactions not covered by prior ordinances and now taxable under Act 77-1986. This article shall impose a tax on all transactions taxable under ordinances levying a realty transfer tax in force immediately prior to adoption of this article, and also on all transactions which the municipality is permitted to tax under Act 77-1986 to the fullest extent permissible. D. To the extent the provisions of this article tax real estate transactions taxable under ordinances levying a realty transfer tax in force immediately prior to adoption of this article, this article shall supersede said prior ordinances. E. In the event this article is declared invalid, the prior ordinance or ordinances of the municipality levying a realty transfer tax shall remain in full force and effect and shall not be affected in any way by adoption of this article. F. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense, under the authority of any ordinance in force prior to adoption of this article.
74:300 § 81-36 STREETS AND SIDEWALKS § 81-40
ARTICLE IV Local Services Tax69 [Adopted 12-18-2007 by Ord. No. 2007-4]
§ 81-36. Title. This article, and any supplements and amendments thereto, shall be known and may be cited as the "Dallas Township Local Services Tax Ordinance."
§ 81-37. Definitions. As used in this article, the following terms shall have the meanings indicated: FISCAL YEAR — The twelve-month period beginning January 1 and ending December 31 in any tax year. TAX — The local services tax in the amount of $52 levied by this article. TAX RECEIVER — The person designated by the Township of Dallas for the collection of the local services tax imposed by this article.
§ 81-38. Levy; exception. For purposes of road construction and/or maintenance; police, fire and/or emergency services; and/or reduction of property taxes, the Township of Dallas hereby levies a tax upon the privilege of engaging in an occupation during the fiscal year. Each individual who exercises such privilege shall pay the tax in the amount of $52 in accordance with this article. The tax is in addition to all other taxes of any kind or nature heretofore levied by the Township of Dallas; provided, however, that there is hereby excepted from the tax any person whose total income from all sources is less than $12,000 per annum.
§ 81-39. Duty of employers. Each employer within the Township of Dallas, as well as each employer outside the Township of Dallas but engaging in business within the Township of Dallas, is hereby charged with the duty of collecting the said tax of $52 per year, in accordance with the terms of this article, from each employee who engaged in an occupation for the benefit of said employer or in the service of said employer within the Township of Dallas during the fiscal year. Such employer shall make a return and payment of the tax to the Tax Receiver, and each such employer is hereby authorized to deduct the tax from each such employee, whether or not such employee is paid by salary, wages, commission, and whether or not part or all of such services are performed within the Township of Dallas.
69.Editor's Note: Former Art. IV, Emergency and Municipal Services Tax, adopted 11-28-2006 by Ord. No. 2006-7, was repealed by a revocation ordinance, adopted 11-18-2007, effective 1-1-2008. 74:301 § 81-40 DALLAS CODE § 81-40
§ 81-40. Effective date. This article is enacted and shall take effect on January 1, 2008, to be in effect for the fiscal year 2008 and each fiscal year thereafter until revised, amended or revoked by action of the Board of Supervisors of the Township of Dallas.
74:302 § 81-41 STREETS AND SIDEWALKS § 81-44
ARTICLE V Delinquent Real Estate Taxes [Adopted 4-22-2015 by Ord. No. 2015-1]
§ 81-41. Appointment. In addition to the authorization for the collection of taxes and institution of tax sales authorized by the Real Estate Tax Sales Law ("RETSL"), 72 P.S. § 5860.201 et seq., Northeast Revenue Service, LLC, as agent for the Luzerne County Tax Claim Bureau is appointed as alternative collector and is authorized and directed to file liens for existing delinquent real estate taxes owed to Dallas Township with the Prothonotary of Luzerne County in accordance with the provisions of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101, et seq.
§ 81-42. Charging of interest. In accordance with the MCTLA and RETSL, interest shall be charged on taxes so returned from and after but not before the first day of the month following the return. Interest shall be charged at the rate of 9% per annum.
§ 81-43. Penalty for delinquent payment. Pursuant to Section 7106 of the MCA, it is hereby established that the reasonable charges, expenses and fees incurred in the collection of any delinquent account with respect to the real estate taxes owed to Dallas Township under the MCA are hereby fixed at 5% of the total amount of the delinquent taxes (including interest and penalties) and that said expenses and fees set forth herein, shall be paid to Northeast Revenue as agent for the Luzerne County Tax Claim Bureau in lieu of payment of commission pursuant to Section 207 of RETSL.
§ 81-44. Additional action. The proper officials of Dallas Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.
74:303 § 81-44 DALLAS CODE § 81-44
Chapter 85
VEHICLES AND TRAFFIC
74:304 § 85-1 STREETS AND SIDEWALKS § 85-4
ARTICLE I General Regulations
§ 85-1. Applicability. The provisions of this chapter relating to the driving, parking, movement and restrictions of vehicles, pedalcycles and pedestrians apply to the highways and streets, and to other locations specified herein, within the boundaries of the Township of Dallas.
§ 85-2. Definitions and interpretation. A. Words and phrases, when used in this chapter, except for sections or articles to which different or additional definitions apply, shall have the meanings ascribed to them in the Vehicle Code (the Act of June 17, 1976, P.L. 162, No. 81),70 as amended, except that, in this chapter, the word "street" shall mean "Any highway and right-of-way within the Township of Dallas when maintained by the Township of Dallas." [Amended 7-3-2018 by Ord. No. 2018-4] B. The term "legal holiday" as used in this chapter shall mean and include New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. C. In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine. D. Although the streets in the Township of Dallas run generally in a northeast-southwest and a northwest-southeast direction, for the purpose of this chapter, Pennsylvania Route 309 and Pennsylvania Route 415 and the streets running parallel or generally parallel to Pennsylvania Route 309 and Pennsylvania Route 415 shall be deemed to run in a north-south direction, and the streets which are perpendicular or generally perpendicular to Pennsylvania Route 309 and Pennsylvania Route 415 shall be deemed to run in an east-west direction.
§ 85-3. Authority of police officers. The police officers of the Township of Dallas and the police officers of other jurisdictions under the authority of the Act of June 15, 1982 (Act No. 141 of 1982),71 shall have authority to direct traffic on the streets in Dallas Township, at intersections, in public and in other places where the Vehicle Code (the Act of June 17, 1976, P.L. 162 No. 81, as amended)72 or this chapter applies.73
70.Editor's Note: See 75 Pa.C.S.A. § 101 et seq. 71.Editor's Note: See 42 Pa.C.S.A. § 8952. 72.Editor's Note: See 75 Pa.C.S.A. § 101 et seq. 73.Editor's Note: Former § 104, Authorization of the use of mechanical, electrical, and electronic motor vehicle speed timing devices, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 74:305 § 85-4 DALLAS CODE § 85-7
§ 85-4. Prosecution under local ordinance superseded by Pennsylvania Vehicle Code. In accordance with § 6301 of the Vehicle Code74 (the Act of June 17, 1976, P.L. 162 No. 81, as amended) except for parking violations, when the same conduct is proscribed under the Vehicle Code of Pennsylvania and this chapter, the charge shall be brought under the Vehicle Code (the Act of June 17, 1976, P.L. 162 No. 81, as amended) and not this chapter.
§ 85-5. Manner of adopting permanent traffic and parking regulations. All traffic and parking regulations of a permanent nature shall be enacted as ordinances or parts of ordinances or as amendments to ordinances of the Township of Dallas, except where the laws of the commonwealth specifically authorize less formal action.
§ 85-6. Temporary and emergency regulations. A. The Chief of Police or the Chairman of the Board of Supervisors of the Township of Dallas shall have the following powers to regulate traffic and parking temporarily and in time of emergency: (1) In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking regulations; and (2) In the case of emergency public works or public events of limited scope or duration, to restrict or prohibit traffic and/or parking in limited areas for periods of not more than 72 hours. B. These temporary and emergency regulations shall be enforced by the Police Department of Dallas Township in the same manner as permanent regulations. Any person who drives, operates or parks a vehicle in violation of such regulations shall be guilty of a violation and, upon conviction, shall be liable to the penalty set out in the law or elsewhere in this chapter for a violation of that nature, and, in the case of a violation for which no specific penalty is set out in the law or elsewhere in this chapter, to a fine of $25 and costs.
§ 85-7. Experimental regulations. The Dallas Township Board of Supervisors may, from time to time, designate places upon and along the streets and highways in the Township of Dallas where, for a period of not more than 90 days, specific traffic and/or parking regulations, prohibitions and restrictions shall be in force and effect, and shall designate those locations by proper signs and markings. Those regulations, prohibitions and restrictions shall be effective just as if they had been specified in this chapter. No person shall drive, operate or park a vehicle in violation of any such regulation, prohibition or restriction, and no
74.Editor's Note: See 75 Pa.C.S.A. § 6301. 74:306 § 85-7 STREETS AND SIDEWALKS § 85-9 person shall move, remove, destroy or deface any sign or marking erected, posted or made by authority of this section. Any person who violates any provision of this section shall, upon conviction, be guilty of a summary offense and be liable to the penalty set out in the law or elsewhere in this chapter for a violation of that nature, and, in case of a violation for which no specific penalty is set out in the law or elsewhere in this chapter, to a fine of $25 and costs; provided that the purpose of this section is to allow for test and experimental determination of the feasibility and desirability of permanent changes in the ordinances of the Township of Dallas relative to traffic and parking.
§ 85-8. Traffic on streets closed or restricted for construction, maintenance or special events. A. The Dallas Township Board of Supervisors shall have authority to close any street or specific part of a street to vehicular, pedalcycle, and pedestrian traffic and to place barriers or station police officers, flagmen or other authorized persons at each end of the closed street or portion thereof while construction or maintenance work is underway or a special event is being conducted on the closed street or portion thereof. It shall be unlawful for any person to drive a vehicle or pedalcycle upon any such closed street or portion thereof. B. The Dallas Township Board of Supervisors shall have authority to establish a restricted traffic area upon any street where construction or maintenance work is under way and to station flagmen at each end of the restricted portion. It shall be unlawful for any person to drive a vehicle upon any such restricted traffic area at any time when the flagman is displaying a sign directing that vehicle to stop, or is signaling that vehicle, by flag or other device, not to proceed. C. Any person who violates any provision of this section shall, upon conviction, be guilty of a summary offense and be sentenced to pay a fine of $25 and costs.
§ 85-9. Use of streets by processions and assemblages. A. For the purpose of this section, the words "assemblage" and "procession" shall have the following meanings: ASSEMBLAGE — A gathering of people without vehicles which interferes with the movement of pedestrians or vehicular traffic on any street. PROCESSION — A group of individuals, vehicles, animals and/or objects moving along a street in a way that interferes with the normal movement of traffic. A procession shall not include a funeral caravan or a military convoy. B. It shall be unlawful for any person to hold or participate in any assemblage unless the person organizing or conducting the assemblage first obtains a permit from the Dallas Township Board of Supervisors
74:307 § 85-9 DALLAS CODE § 85-9
or its designee, which shall be issued without fee. However, the person organizing or conducting the assemblage may be required to pay to the Township of Dallas the actual expenses incurred by the Township to provide the necessary police protection for the assemblage and detour of traffic. Application for the permit shall be made to the Chief of Police or the Chairman of the Board of Supervisors at least one week in advance of the day on which the assemblage is proposed to be held, but in any case where a state designated highway is proposed to be used, the application shall be made at least 30 days in advance of the proposed date. The application shall state the street where and the date when the assemblage is to be held, the hour when the assemblage may convene and the hour by which it shall have been completely dispersed. The application shall also contain the name of the person, estimated number of participants, and the purpose of the assemblage. It shall be unlawful for any person to hold or to participate in any assemblage unless the permit has been granted, or at any time or place other than that authorized by the permit. C. It shall be unlawful for any person to hold or participate in any procession unless the person organizing or conducting the procession first obtains a permit from the Dallas Township Board of Supervisors or their designee, which shall be issued without fee. However, the person organizing or conducting the procession may be required to pay to the Township to provide the necessary escort police protection and detour of other traffic for the procession. Application for the permit shall be made to the Chief of Police or Chairman of the Board of Supervisors at least 15 days in advance of the day when the procession is proposed to be held, but in any case where a state-designated highway is proposed to be used, application shall be made at least 30 days in advance of the proposed date. The application shall specify the date on which the procession is to be held, the route or routes to be followed by the procession, the hour when and place where participants may commence to assemble and form before the procession is under way, the time when the procession may commence to move along its route, the time by which the end of the procession shall have reached the end of the route of the procession and the procession shall have been disbanded, along with the name of the person organizing or conducting the procession, and the number of estimated individuals, vehicles, animals and/or objects participating in the procession. It shall be unlawful for any person to hold or to participate in any procession unless the permit shall have been granted, or under any conditions as to time, date, or route or otherwise than those stated in the permit. D. It shall be unlawful for any person to continue to hold or to participate in any assemblage or procession in violation of Subsection B or C of this section after having been given a lawful order by a police officer to desist. E. Any person who violates any provision of this section shall, upon conviction, be guilty of a summary offense, and be sentenced as follows:
74:308 § 85-9 STREETS AND SIDEWALKS § 85-9
(1) Upon conviction of a violation of Subsection B or C, the person shall be sentenced to a fine of $25 and costs; or (2) Upon conviction of a violation of Subsection D, the person shall be sentenced to a fine of not less than $300 or more than $1,000 and/ or to a term of imprisonment in the County prison of not less than 30 days or more than 90 days.
74:309
§ 85-10 STREETS AND SIDEWALKS § 85-12
ARTICLE II Traffic Regulations
§ 85-10. Operation of certain vehicles prohibited in parks. A. It shall be unlawful for any person to drive a motor vehicle, motorcycle, motorized pedalcycle, snowmobile, or other motorized recreational vehicle in the public parks maintained and operated by the Township of Dallas or the Dallas Area School District, except that motor vehicles which are titled and registered in this commonwealth or another state according to the Vehicle Code of Pennsylvania may be driven on the park streets and parking lots of the public parks maintained and operated by the Township of Dallas: (1) Dallas Town Park. (2) Kunkle Park.
(3) School yards and school playing fields. B. Any person who violates any provision of this section shall, upon conviction, be guilty of a summary offense and be sentenced to pay a fine of $50 and costs.
§ 85-11. Traffic signals at certain locations. A. At the following locations, traffic signals as indicated below shall be erected (or are ratified if previously erected), and traffic at those locations shall be directed by those signals: Location Type of Signal Intersection of East Center Hill Traffic control signals Road and Tunkhannock Highway Intersection of Upper Demunds Traffic control signals Road (LR40053) and Hildebrant Road (LR40131) with Tunkhannock Highway (Route 309)
B. Any driver of a vehicle who disobeys the directions of any traffic signal shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-12. Intersections where turn prohibited on red signal. A. The following are established as intersections where drivers of vehicles headed in the direction or directions indicated are prohibited from making a right turn (or a left turn from a one-way street into another one-way street) on a steady red signal:
74:311 § 85-12 DALLAS CODE § 85-15
Vehicles Traveling Intersection On Facing (Reserved)
B. Any driver of a vehicle who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-13. One-way streets established. A. The following are established as one-way streets, and it shall be unlawful for any person to drive a vehicle on any one-way street other than in the direction established for traffic on that street: Street Name From To Direction of Travel (Reserved)
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-14. Rotary traffic islands established. A. The following are designated as rotary traffic islands, and every vehicle passing around a rotary traffic island shall be driven only to the right of the island: Island On Location Elmcrest Drive (T-817) At the intersection with Memorial Highway (Route 415) Grandview Avenue At the south intersection of Grandview Avenue with the Tunkhannock Highway (Route 309) Highland Court At the intersection with Highland Drive (T-806) (T-804)
B. Any person who drives a vehicle otherwise than to the right of any rotary traffic island shall be guilty of a violation of this section, and, upon conviction, shall be sentenced to pay a fine of $25 and costs.
§ 85-15. Turning at certain intersections prohibited or restricted. A. It shall be unlawful for the driver of any vehicle, of the type indicated, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make a left turn and/or a right turn into the second-named street, as indicated, at any time when such a turn is prohibited by this section: Vehicles Traveling Direction Not to Type of Vehicle On of Travel Make Into When Applicable to (Reserved)
74:312 § 85-15 STREETS AND SIDEWALKS § 85-19
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-16. Right turns only permitted at certain intersections. A. It shall be unlawful for the driver of any vehicle, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make other than a right turn, at any time stated, both left turns and straight-across traffic being prohibited: Vehicle Direction Traveling of Not To Make Left Turn Into or On Travel Times Travel Straight Across (Reserved)
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-17. U-turns prohibited at certain locations. A. It shall be unlawful for the driver of any vehicle, traveling upon any of the following portions of streets, in the direction or directions indicated for that street, to make a U-turn: Street Portion Direction of Travel (Reserved)
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-18. No-passing zones established. A. The following are established as no-passing zones, and it shall be unlawful for the driver of any vehicle to overtake or pass another vehicle or to drive on the left side of the roadway in any no-passing zone: Direction of Street Travel Between (Reserved)
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-19. Through highways established. A. The following streets are established as through highways, thus authorizing stop or yield signs to be erected facing traffic approaching every intersection with the through highway except for those
74:313 § 85-19 DALLAS CODE § 85-20
intersections with traffic control signals, or with exceptions or modifications as indicated below. Every driver of a vehicle approaching a stop or yield sign authorized by this section shall stop the vehicle or yield right-of-way as required by § 3323(b) or (c) of the Pennsylvania Vehicle Code,75 as the case may be, and shall not proceed into or across the through highway until he has followed all applicable requirements of that section of the law: Highway Between Eddinger Hill Road Lower Demunds Road and Dallas Township/ Franklin Township line Elmcrest Drive Pennsylvania Route 415 (Memorial Highway) and Lake Street Grandview Avenue South intersection with Route 309 (Tunkhannock Highway) and north intersection with Route 309 (Tunkhannock Highway) Hill Street Harris Street and Dallas Township/Kingston Township line Main Street Memorial Highway (Route 309) and Fernbrook Road Old Tunkhannock Road Alderson Road and Dallas Township/ Wyoming County line Old Tunkhannock Road Tunkhannock Highway (Route 309) and Alderson Road Terrace Street Lower Demunds Road and Dallas Township/ Kingston Township line
§ 85-20. Stop intersections established. A. The following intersections are established as stop intersections, and official stop signs shall be erected (or are ratified if previously erected) in such a position as to face traffic approaching the second-named street (the intersecting or through street) on the first-named street (the stop street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first- named or stop street, in the direction indicated in each case, shall stop the vehicle as required by § 3323(b) of the Pennsylvania Vehicle Code,76 and shall not proceed into or across the second-named or intersecting or through street until he has followed all applicable requirements of that section of the law:
75.Editor's Note: See 75 Pa.C.S.A. § 3323. 76.Editor's Note: See 75 Pa.C.S.A. § 3323. 74:314 § 85-20 STREETS AND SIDEWALKS § 85-20
Intersecting or Stop Street Through Street Direction of Travel Aspen Drive 42nd Street Southbound [Added 10-21-2014 by Ord. No. 2014-1] Aster Drive Upper Demunds Westbound Road Belmount Avenue Midland Drive Westbound [Added 10-21-2014 by Ord. No. 2014-1] Birch Street Elmcrest Drive Northbound Briarcrest Drive 42nd Street North and southbound [Added 10-21-2014 by Ord. No. 2014-1] Briarcrest Drive Route 415 Southbound [Added 10-21-2014 by Ord. No. 2014-1] Bridel Path Winding Way Northbound [Added 10-21-2014 by Ord. No. 2014-1] Bryan Drive Reservoir Road Westbound By-Pass Road Memorial Highway Westbound (Route 309) Camp Ground Lower Demunds Eastbound Road Road Camp Ground Upper Demunds Westbound Road Road Canter Drive Saddle Ridge Eastbound [Added Drive 10-21-2014 by Ord. No. 2014-1] Canter Drive Pennbrook Lane Northbound [Added 10-21-2014 by Ord. No. 2014-1]
74:315 § 85-20 DALLAS CODE § 85-20
Intersecting or Stop Street Through Street Direction of Travel Catalpa Road (Fire House Road) [Repealed 10-21-2014 by Ord. No. 2014-1] Catalpa Road (Fire House Road) [Repealed 10-21-2014 by Ord. No. 2014-1] Church Road Ambrose Road Northbound Circle Drive Lake Street Northbound and southbound Claridge Street Westminster Drive Northbound Claude Street Church Street Southbound Claude Street East Center Hill Northbound Road Clover Leaf Road Country Club Road Westbound Conyngham Hildebrant Road Northbound Avenue Crestview Drive Hays Corners Eastbound Road Dorchester Drive Kingswood Drive Northbound and southbound Dorchester Drive Savoy Drive Northbound and southbound Dorchester Drive Westminster Drive Northbound Downing Drive Rice Drive South bound [Added 10-21-2014 by Ord. No. 2014-1] Eddinger Hill Road Lower Demunds Westbound Road Elmcrest Drive Lake Street Eastbound Elmcrest Drive Route 415 Westbound (Memorial Highway) Emily Lane Garfield Street Northbound [Added 10-21-2014 by Ord. No. 2014-1] Fair Ground Road Conyngham Westbound Avenue
74:316 § 85-20 STREETS AND SIDEWALKS § 85-20
Intersecting or Stop Street Through Street Direction of Travel Fair Ground Road Lower Demunds Eastbound Road Ferguson Avenue East Overbrook Northbound Avenue Ferguson Avenue Memorial Highway Southbound (Route 309) Fern Street Terrace Street Westbound Fire House Road Old Highway Road Westbound [Added 10-21-2014 by Ord. No. 2014-1] Fox Hollow Drive Church Street Eastbound Fox Hollow Drive Fox Hollow Drive Northbound [Added 10-21-2014 by Ord. No. 2014-1] Garbutt Avenue Gerald Avenue Westbound Garbutt Avenue Memorial Highway Eastbound (Route 415) Garfield Street Hill Street Eastbound Gerald Avenue West Center Hill Southbound [Added Road 10-21-2014 by Ord. No. 2014-1] Glendalough Drive Glendalough Drive Eastbound [Added 10-21-2014 by Ord. No. 2014-1] Glendalough Drive Upper Demunds Northbound Road Glen Riddle Lane Church Street Eastbound Glen riddle Lane Pheasant Run Westbound [Added Drive 10-21-2014 by Ord. No. 2014-1] Glenview Avenue Terrace Street Westbound Goldsmith Road Demunds Road Westbound Goodleigh Road Upperdemunds Southbound [Added Road 10-21-2014 by Ord. No. 2014-1]
74:317 § 85-20 DALLAS CODE § 85-20
Intersecting or Stop Street Through Street Direction of Travel Good Man Road Briarcrest Drive Westbound [Added 10-21-2014 by Ord. No. 2014-1] Gordon Avenue Hilldonia Avenue Northbound Grandview Avenue Tunkhannock Northbound Highway (Route 309) Grandview Avenue Tunkhannock Southbound Highway (Route 309) Goodrich Road Alderson Road Southbound Hamilton Road Clover Leaf Road Westbound Harris Street Lower Demunds Westbound Road Hemlock Street Terrace Street Eastbound and westbound Highland Court Highland Drive Westbound Highland Drive Grandview Avenue Northbound Highland Drive Grandview Avenue Southbound Hilco Drive Reservoir Road Westbound Hillcrest Drive Grandview Avenue Northbound Hillcrest Drive Highland Drive Southbound Hilldonia Avenue Church Street Westbound Hill Street [Added Roosevelt Street Northbound 10-21-2014 by Ord. No. 2014-1] Jake Moore Road Ambrose Road Southbound James Street Aster Drive Northbound and southbound Joe Pag Lane Country Club Road Northbound [Added 10-21-2014 by Ord. No. 2014-1] Joe Pag Lane Route 415 Southbound [Added 10-21-2014 by Ord. No. 2014-1] Kingswood Drive Dorchester Drive Westbound Lakeview Drive Pennsylvania Westbound Route 309
74:318 § 85-20 STREETS AND SIDEWALKS § 85-20
Intersecting or Stop Street Through Street Direction of Travel Lincoln Street Hill Street Eastbound Main Street Fernbrook Eastbound Main Street Memorial Highway Eastbound and westbound (Route 309) Manor Drive Circle Drive Northbound and southbound Manor View Drive Upper Demunds Eastbound [Added Road 10-21-2014 by Ord. No. 2014-1] Manor View Drive Scenic View Drive Northbound [Added 10-21-2014 by Ord. No. 2014-1] Maple Seed Drive Upper Demunds Southbound [Added Roads 10-21-2014 by Ord. No. 2014-1] Maple Seed Drive Maple Seed Drive Westbound [Added 10-21-2014 by Ord. No. 2014-1] Maple Street Terrace Street Westbound Meadow View Lake Catalpa Road Northbound Drive [Added 10-21-2014 by Ord. No. 2014-1] Medfield Street Davenport Street Eastbound Medfield Street Parrish Street Westbound Midland Drive East Center Hill Southbound Road Midway Lane Saginaw Street Northbound Mountain View Hays Corners Eastbound Drive Road Mountain View Laurel Lane Westbound Drive North Gate Drive 42nd Street Northbound [Added 10-21-2014 by Ord. No. 2014-1] Old Grandview East Center Hill Northbound Avenue Road
74:319 § 85-20 DALLAS CODE § 85-20
Intersecting or Stop Street Through Street Direction of Travel Old Grandview Saginaw Street Southbound Avenue Old Highway Road Route 309 Eastbound [Added 10-21-2014 by Ord. No. 2014-1] Old Highway Road Alderson Road North and Southbound [Added 10-21-2014 by Ord. No. 2014-1] Old Lake Road 42nd Street Northbound and southbound Old Lake Road Old Route 415 Southbound Northbound and Tunkhannock Alderson Road southbound Road Old Tunkhannock Tunkhannock Southbound Road Highway (Route 309) Oval Drive Memorial Highway Westbound (Route 415) Oval Drive [Added Oval Drive Westbound 10-21-2014 by Ord. No. 2014-1] Pear Tree Lane Grandview Avenue Southbound Pear Tree Lane Pear Tree Lane Northbound Poplar Street Terrace Street Eastbound and westbound Preston Drive Lake Street Eastbound (Both) [Added 10-21-2014 by Ord. No. 2014-1] Raintree Road Glendalough Road Northbound Reservoir Road Huntsville Road Northbound and southbound Reservoir Road West Overbrook Northbound and southbound Avenue Reynolds Road [Repealed 10-21-2014 by Ord. No. 2014-1] Ridge Street Fern Street Southbound Robbins Road Hamilton Road Eastbound and westbound
74:320 § 85-20 STREETS AND SIDEWALKS § 85-20
Intersecting or Stop Street Through Street Direction of Travel Roosevelt Street Hill Street Eastbound [Added 10-21-2014 by Ord. No. 2014-1] Roushey Street Harris Street Southbound Roushey Street Lower Demunds Northbound Road Ryman Road Ambrose Road Southbound Ryman Road Demunds Road Northbound Ryman Road Eddinger Hill Road Northbound and southbound Saddle Ridge Hill Street Southbound Drive [Added 10-21-2014 by Ord. No. 2014-1] Saginaw Street Hilldonia Avenue Westbound Saginaw Street Tunkhannock Eastbound Highway (Route 309) Sago Street Hilldonia Ave. East and Westbound [Added 10-21-2014 by Ord. No. 2014-1] Sago Street Tunkhannock Eastbound Highway (Route 309) Savoy Drive Dorchester Drive Westbound Savoy Drive Westminister Drive Eastbound Scenicview Drive Meadow View Westbound [Added Drive 10-21-2014 by Ord. No. 2014-1] Scenicview Drive Manor View Drive South Bound [Added 10-21-2014 by Ord. No. 2014-1] Sedlers Lane Hildebrant Road Southbound Sedlers Lane Upper Demunds Northbound Road Shaver Avenue Main Street Northbound
74:321 § 85-20 DALLAS CODE § 85-20
Intersecting or Stop Street Through Street Direction of Travel Shepards Hill Lower Demunds Eastbound Road Road Sherwood Drive North Gate Drive Westbound [Added 10-21-2014 by Ord. No. 2014-1] Shupp Road Lower Demunds Westbound Road Shupp Road Ryman Road Eastbound Skyview Drive Grandview Avenue Northbound South Fairground Lower Demunds Southbound Road [Added Road 10-21-2014 by Ord. No. 2014-1] South Side Avenue Woodland Avenue Southbound Spencer Road Hays Corners Northbound and southbound Road Spring View Court Scenic View Drive Southbound [Added 10-21-2014 by Ord. No. 2014-1] Stredney Road Hays Corners Northbound Road Stredney Road Route 309 Southbound Sunnybrook Lane Church Street Eastbound Sunnybrook Lane Pheasant Run Westbound [Added Drive 10-21-2014 by Ord. No. 2014-1] Sunset Avenue Sago Street Southbound [Added 10-21-2014 by Ord. No. 2014-1] Terrace Street Lower Demunds Northbound Road Tula Court Scenic View Drive Westbound [Added 10-21-2014 by Ord. No. 2014-1] Valley View Drive Hays Corners Eastbound Road
74:322 § 85-20 STREETS AND SIDEWALKS § 85-21
Intersecting or Stop Street Through Street Direction of Travel Warren Drive West Overbrook Southbound Avenue Washington Street Hill Street Eastbound Wedgewood Way Country Club Road Northbound [Added 10-21-2014 by Ord. No. 2014-1] Wellington Avenue Route 309 Eastbound [Added 10-21-2014 by Ord. No. 2014-1] West Fallbrook Midland Drive Eastbound Drive [Added 10-21-2014 by Ord. No. 2014-1] Westminster Drive Dorchester Drive Westbound and eastbound Westminster Drive Grandview Avenue Westbound White Birch Lane Elmcrest Drive Eastbound Williams Street East Overbrook Northbound Avenue Windsor Drive Savoy Drive Westbound Winterberry Drive Sedlar Road Eastbound [Added 10-21-2014 by Ord. No. 2014-1] Woodcliff Drive Skyview Drive Southbound Woodland Avenue Tunkhannock Eastbound Highway (Route 309) Yalick Road Pennsylvania Northbound and southbound Route 118 Yeager Avenue Pioneer Avenue Southbound Yeager Avenue West Overbrook Northbound and southbound Avenue
B. Any person who violates any provision of this this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-21. Yield intersections established. A. The following intersections are established as yield intersections, and official yield signs shall be erected (or are ratified if previously erected)
74:323 § 85-21 DALLAS CODE § 85-23
in such position as to face traffic approaching the second-named street (the through street) on the first-named street (the yield street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first-named street or yield street, in the direction indicated in each case, shall slow down or stop the vehicle as required by § 3323(c) of the Pennsylvania Vehicle Code,77 and then yield the right-of-way required by that subsection of the Pennsylvania Vehicle Code: Through Yield Street Street Direction of Travel (Reserved)
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-22. Play highways established and authorized. A. The following areas upon the streets in the Township of Dallas are established as play highways: Street Between Days Hours (Reserved)
B. The Dallas Township Board of Supervisors is authorized to designate as play highways, whenever they deem that action advisable, and for whatever period of time directed by them, any part of any street in the Township where sledding and coasting shall be permitted. That play highway shall be set apart for the purpose under the direction of the Chief of Police or Township Road Master. C. No person shall drive any motor vehicle upon any play highway at any time when that street shall be designated as a play highway, except in case of an emergency, with special permission of the Chief of Police or Township Road Master or of the police officer in charge, who shall first clear that play highway of all persons using it for the purposes for which it was set aside. Any person who violates any provision of this subsection shall, upon conviction, be sentenced to pay a fine of $25 and costs.
§ 85-23. Snowmobile roads designated. A. The following roads and streets within the Township are designated as special snowmobile roads:
77.Editor's Note: See 75 Pa.C.S.A. § 3323. 74:324 § 85-23 STREETS AND SIDEWALKS § 85-24
Used by Snowmobiles Only When Closed to Shared with Street or Vehicular Vehicular Road Between Traffic Traffic Fair Ground 500 feet east of Yes No Road Conyngham Avenue and 100 feet west of Lower Demunds Road
B. It shall be unlawful for any person to operate a snowmobile on any highway, street or road in the Township other than as provided above; provided that nothing in this section shall prohibit any person from operating a snowmobile on any other street in the Township: (1) As authorized by § 7721 of the Pennsylvania Vehicle Code78 for emergency and bridge crossings and for direct crossing of streets or two-lane highways; or (2) For special snowmobile events which are authorized in advance and the street is blocked off as provided in § 7723 of the Pennsylvania Vehicle Code.79 C. Any person who violates any provision of this section shall be subject to the penalties prescribed in § 7752(a) of the Pennsylvania Vehicle Code.80
§ 85-24. Skates, coasters, sleds and other toy vehicles. A. It shall be unlawful for any person to ride on a sled upon any sidewalk in the Township, or upon any roadway unless that roadway is on a portion of a street blocked off for sledding by authority of § 85-8A of Article I or of § 85-22B of Article II of this chapter; provided that nothing in this subsection shall prevent a pedestrian from pulling a sled, with or without a rider, upon a sidewalk. B. It shall be unlawful for any person to engage in rollerskating or to ride upon or propel any coaster or other toy vehicle upon: (1) Any street except in order to cross the roadway; or (2) Any sidewalk in a business district, except that nothing in this paragraph shall prevent a pedestrian from pulling a coaster or other toy vehicle, with or without a rider, upon a sidewalk.
78.Editor's Note: See 75 Pa.C.S.A. § 7721. 79.Editor's Note: See 75 Pa.C.S.A. § 7723. 80.Editor's Note: See 75 Pa.C.S.A. § 7752. 74:325 § 85-24 DALLAS CODE § 85-24
C. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $10 and costs.
74:326 § 85-25 STREETS AND SIDEWALKS § 85-27
ARTICLE III Restrictions on Size, Weight and Type of Vehicles and Loads
§ 85-25. Applicability of statute. Chapter 49 of the Vehicle Code81 of Pennsylvania deals with size, weight and load of vehicles. The provisions of Chapter 49 of the Vehicle Code apply to all streets in Dallas Township.
§ 85-26. Vehicle weight limits established on certain streets and bridges. A. It shall be unlawful for any person or persons to drive any vehicle or combination having a gross weight in excess of the maximum prescribed below for that bridge or street or part of a street: Maximum Gross Street or Bridge Location Weight Eddinger Hill Road Trout Run 37,000 pounds Bridge Fairground Road Trout Run 10,000 pounds Bridge Old Tunkhannock Leonard's Creek 37,000 pounds Highway Bridge Shupp Road Bridge Trout Run 37,000 pounds
B. Any person who violates any provision of this section shall be prosecuted under § 4902(a) and (g)(1) of the Vehicle Code,82 and, upon conviction, shall be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight, and costs.
§ 85-27. Truck traffic restricted on certain streets. A. It shall be unlawful for any person to drive a vehicle other than a passenger vehicle or bus, or Class 1 or 2 vehicle as described in §§ 1913 and 1916 of the Vehicle Code,83 on any of the following streets or parts of streets; provided that nothing in this section shall prohibit any person from driving an emergency vehicle on any of those streets or portions of streets, or from driving on any of those streets or parts of streets a truck or other commercial vehicle making local deliveries to or pickups from premises located along that street or part of a street:
81.Editor's Note: See 75 Pa.C.S.A. § 4901 et seq. 82.Editor's Note: See 75 Pa.C.S.A. § 4902. 83.Editor's Note: See 75 Pa.C.S.A. §§ 1913 and 1916. 74:327 § 85-27 DALLAS CODE § 85-27
Street Between Aster Drive Entire length Bryan Drive Entire length Circle Drive Entire length Claude Street Entire length Clover Leaf Road Entire length Crestview Drive Entire length Dorchester Drive Kingswood Drive to Westminster Drive Elmcrest Drive Entire length Ferguson Avenue Entire length Fox Hollow Drive Entire length Glendalough Drive Entire length Glen Riddle Lane Entire length Gordon Avenue Entire length Grandview Avenue Entire length Harris Street Entire length Hilco Drive Entire length Hilldonia Avenue Entire length Hill Street Entire length Kingswood Drive Entire length Midland Drive Entire length Mountain View Entire length Drive Old Grandview Entire length Avenue Oval Drive Entire length Pear Tree Lane Entire length Roushey Street Entire length Saginaw Street Entire length Sago Street Entire length Shaver Avenue Entire length South Side Avenue Entire length Sunny Brook Lane Entire length Terrace Street Entire length Valley View Drive Entire length Warren Drive Entire length Woodlawn Avenue Entire length
74:328 § 85-27 STREETS AND SIDEWALKS § 85-27
Street Between Yeager Avenue Entire length
B. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
74:329
§ 85-28 STREETS AND SIDEWALKS § 85-28
ARTICLE IV Stopping, Standing and Parking [Amended 12-2-1997 by Ord. No. 1997-4; 12-2-2003 by Ord. No. 2003-1; 5-15-2006 by Ord. No. 2006-4; 8-1-2006 by Ord. No. 2006-6; 3-3-2009 by Ord. No. 2009-1; 7-3-2018 by Ord. No. 2018-4]
§ 85-28. Parking prohibited at all times in certain locations. A. Parking shall be prohibited at all times in the following locations: Street Side Between Bulford Road (T-721) Both sides of such Overbrook Road and street Jackson Township line Church Road (T-727) Both sides of such Ransom Road and street Krispin Road Circle Drive (T-832) Both sides of such Lake Street and Manor (upper and lower street Drive entrance) Dorchester Drive Both sides of such Route 309 and (T-839) street Lieutenant Michael Cleary Drive Garbutt Street (T-816) Both sides of such Route 415 and the street point where Gerald Avenue intersects Garbott Street in Dallas Township Goldsmith Road Both sides of such Demunds Road and (T-691) street 500 feet in Goodman Road North Briarcrest Road and (T-873) 300 feet in Jake Moore Road West Ransom Road and 500 (T-768) feet in Joe Pag Lane (T-826) Both sides of such Country Club Road and street Route 415 Krispin Road (T-723) Both sides of such Church Road and street Kingston Township line Lakeview Drive North Route 309 to end (T-900) Main Road (T-789) Both sides of such Route 309 and street Overbrook Road Main Street (T-769) South Route 309 east to Lower Demunds Road Manor Drive (T-833) West Circle Drive, both intersections
74:331 § 85-28 DALLAS CODE § 85-28
Street Side Between North Main Street Both sides of such Kingston Township line (T-803) street and Main Road Reservoir Road Both sides of such Overbrook Road and (T-720) street Huntsville Road Ryman Road (T-726) East Demunds Road and 500 feet in Ryman Road (T-726) West Ransom Road and 500 feet in Shupp Road (T-794) Both sides of such Lower Demunds Road street and 300 feet in Wedgewood Way Both sides of such Country Club Road and (T-770) street 200 feet in Woodcliff Drive At the intersection of (T-801) Skyview Drive (T-899) Yalick Road (T-820 West Route 118 and 500 feet North) in Yalick Road (T-820 East Route 118 and 500 feet South) in
B. Parking is also prohibited at all times at the end of "no-outlet" streets and vehicle turnarounds: Aspen Drive (T-775) Birch Street (T-799) Dorchester Court Downing Drive (T-867) East Belmont Avenue (T-861) Fairground Road (T-692) Fire House Road (T-791) Gordon Avenue (T-798) Hemlock Street (T-824) Jackson Street (T-808) James Street (T-846) Kingswood Drive (T-840) Maple Street (T-795) Midway Lane (T-896) Parrish Street (T-855) Pear Tree Lane (T-838) Pheasant Run Drive (T-846) Poplar Street (T-823)
74:332 § 85-28 STREETS AND SIDEWALKS § 85-30
Rice Court (T-864) Richard Drive (T-894) Ridge Street (T-828) Saddle Ridge Drive (T-891) South Side Avenue (T-844) Summit Street (T-684) Warren Drive (T-805) Washington Street (T-778) West Fallbrook Drive (T-869) Wood Side Drive (T-865) Yeager Avenue (T-777)
§ 85-29. Temporary parking regulations. A. The Board of Supervisors of Dallas Township shall have the authority to regulate parking temporarily and in times of emergency: (1) In the case of fire, flood, storm, or other emergency, to establish temporary parking regulations effective during the period of the emergency. (2) To facilitate public works, or in the event of lawful construction or other activity interfering with the use of the highway, or in the case of the conduct of parades, processions, and other public events, to restrict or prohibit parking in limited areas. B. Notice shall be conspicuously posted of all temporary regulations at the place where the parking is restricted or otherwise regulated. Such temporary and emergency regulations shall be enforced by the Board of Supervisors and the Police Department in the same manner as permanent regulations.
§ 85-30. Special-purpose parking zones established; parking otherwise prohibited. A. Handicapped person zones. It shall be unlawful for any person to park, or allow to remain parked, any vehicle in any parking space designated as a "handicapped parking zone" unless said vehicle is displaying handicapped registration plates or handicapped parking place cards as authorized by § 1338 of the Vehicle Code,84 as amended by the Act of 1980, P.L. 550, No. 113, and the Act of 1980, P.L. 791, No. 3. This section shall apply to designated "handicapped parking zones" on both public and private property.
84.Editor's Note: See 75 Pa.C.S.A. § 1338. 74:333 § 85-30 DALLAS CODE § 85-35
B. Fire lanes. The Dallas Township Board of Supervisors through the Dallas Township Zoning and Planning Commission may require the owners of shopping centers, businesses, or other commercial property owners to establish fire lanes around the buildings and structures on their property. It shall be unlawful for any person to park, or allow to remain parked, any vehicle in an area about any commercial establishment or other buildings, which has been designated and marked as a "fire lane." This section shall apply to areas designated as a "fire lane" on both public and private property.
§ 85-31. Parking during winter months. It shall be unlawful to park, or allow to be parked, any motor vehicle on any road, street, or road berm within the Township following the deposit or accumulation of freezing rain, ice, sleet or snow. No motor vehicle will be permitted to park on any road or street within the Township for a period of eight hours following the inclement weather event and until the cartway is clear. This will enable the Road Department to completely plow the road or street the full width of the cartway.
§ 85-32. Placement of signs. On any street, roadway, or portion thereof designated as a no-parking area in order to facilitate snow removal, before any enforcement of this article can be made, the street, roadway, or portion thereof designated as a no- parking area shall be duly posted with no-parking signs clearly visible to vehicular traffic and/or pedestrians on or adjacent to said roadways, streets, or portions thereof.
§ 85-33. Unlawful deposition of snow. It shall be unlawful to shovel, push, plow, or otherwise cause snow to be placed onto, or upon any roads or streets in the Township.
§ 85-34. Violations and penalties. Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine of $25 and costs. If a Township police officer determines that a vehicle is found to be blocking a lane of travel, he will make arrangements to have the vehicle towed at the owner's expense and will impose the vehicle owner a fine of $200.
§ 85-35. When effective. This article shall become effective five days after its enactment and adoption by the Supervisors of the Township.
74:334 § 85-35 VEHICLES, STORAGE OF § 87-2
Chapter 87
VEHICLES, STORAGE OF
§ 87-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ANTIQUE MOTOR VEHICLE — A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer's specifications. This vehicle has to be registered and licensed by the State of Pennsylvania and also inspected once a year. AUTOMOBILE WRECKING — The storage, maintenance or dumping of a partially dismantled or junk automobile, or the parts of a junk automobile. CLASSIC MOTOR VEHICLE — A self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and limited availability, determined by the Department to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored in conformity with manufacturer's specifications and appearance. This vehicle has to be registered and licensed by the State of Pennsylvania and also inspected once a year. JUNK MOTOR VEHICLE — A motor vehicle, including but not limited to an automobile and truck, that is so worn, deteriorated, obsolete, dismantled or disassembled as to make it inoperable or unusable in its existing condition, and/or a motor vehicle which has become incapable of being operated for a period of 30 days due to mechanical defects and/or because it is not licensed and/or does not have a current valid Pennsylvania inspection sticker. This definition shall include snowmobiles and other recreational vehicles. MOTOR VEHICLE REPAIR SHOP — A facility for automobile repair, automobile body repair, and automobile gas station for motor vehicle repair or a truck repair shop that is already established or is a new business whose primary purpose is the repair of motor vehicles.
§ 87-2. Maintenance restrictions. A. No person shall maintain or keep a junk motor vehicle within Dallas Township for a period of more than 30 days unless such junk motor vehicle is kept or maintained wholly within a building having four walls; with the exception that junk cars may be kept on private property if they are located more than 300 feet from any property line or more than 300 feet from any public road. B. No person shall maintain or conduct motor vehicle wrecking within Dallas Township unless the same shall be maintained or conducted wholly within a building having four walls. 87:335 § 87-2 DALLAS CODE § 87-3
C. A junk motor vehicle will be allowed to be parked on the exterior premises of a motor vehicle repair shop until repairs are effected, but in no case for more than a period of 60 days unless one or more of the following conditions exist: a pending civil lawsuit, a pending criminal lawsuit, an insurance investigation or the vehicle is inoperable because of lack of the availability of replacement parts. D. For purposes of this chapter, it shall be unlawful for any person to store any junked, abandoned or discarded vehicle in the open or private or public property within Dallas Township (with the exception noted in § 87-2A hereof). It shall be considered a public nuisance as being hazardous to the health, safety and welfare of the residents if said vehicle is leaking fluids; has broken glass; has jagged metal, plastic or wooden material protruding from the vehicle; is a place of the breeding of rodents and other animals; is an attractive nuisance for children to be injured on; contains the storage of combustible fuels; contains the storage of poisonous liquids; and/or is improperly supported so that if the support collapses, it could result in harm or injury; and if the location of the vehicle would impede emergency and/or fire and rescue efforts to a property because of the inability to move the vehicle in the case of an emergency or fire. E. When it is determined that a motor vehicle is abandoned or junked and creates a nuisance, the Township may notify the owner to remove said nuisance. If said owner fails to remove said nuisance in default of which the Township may cause the same to be done, and collect the cost thereof, together with the penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or may seek relief by bill in equity.
§ 87-3. Violations and penalties. A. Any person, firm, association or corporation violating the provisions of this chapter shall be guilty of a summary offense, the penalty for which shall be a fine of a minimum of $250 and a maximum of $1,000 for each violation together with the costs of prosecution, or shall be imprisoned in the County jail for a term of not more than 30 days, or both. B. Each day during which the person, firm, association or corporation continues the violation of the provisions of this chapter shall be considered a separate offense.
Chapter 89
WATER
89:336 § 89-1 WATER § 89-2
ARTICLE I Drought Emergencies [Adopted 4-4-1989 by Ord. No. 1989-1]
§ 89-1. Prohibited water uses. During any period of drought emergency proclaimed by the Governor of the Commonwealth of Pennsylvania or by the Commissioners of Luzerne County or by the Supervisors of Dallas Township, no person in Dallas Township shall use water available from companies which supply water or from his own well for any of the following purposes: A. Replacing or adding to the water in swimming pools. B. Washing of automobiles. C. Use of watering or sprinkling devices for lawns and gardens.
§ 89-2. Violations and penalties. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
89:337 § 89-2 DALLAS CODE § 89-2
Chapter 95
ZONING
GENERAL REFERENCES
Sewers — See Ch. 64. Subdivision and land development — See Ch. 77. Stormwater management — See Ch. 72.
89:338 § 95-1 WATER § 95-4
ARTICLE I General Provisions
§ 95-1. Title. The official title of this chapter is "Dallasownship T Zoning Ordinance."
§ 95-2. Interpretation and conflict. In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the protection and promotion of the public health, safety, convenience, comfort, morals and general welfare of the residents of Dallas Township. In the event of any conflict in the application of this chapter with other applicable public or private provisions, the following shall apply: A. Public provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any other ordinance, rules or regulations previously adopted or previously issued by Dallas Township which are not in conflict with any provisions of this chapter. Where this chapter imposes a greater restriction upon the use of land, structure or building than any other previously adopted ordinance, rules or regulations of Dallas Township, the provisions of this chapter shall apply. B. Private provisions. The regulations of this chapter are not intended to interfere with or abrogate or annul any easement, covenant or other form of private agreement or restriction, provided that where the provisions of this chapter impose a greater restriction, the requirements of this chapter shall govern. Dallas Township shall not, however, be held responsible for knowledge and/or enforcement of any private deed restriction, private covenant or other form of private agreement which may be inconsistent with the provisions of this chapter and/or beyond the scope of regulations contained within this chapter.
§ 95-3. Compliance required. Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structure shall be located erected, reconstructed, extended, enlarged, converted, altered or moved except in conformity with the regulations herein specified for the zoning district in which it is located.
§ 95-4. Purpose. This chapter is enacted to accomplish the purposes enumerated in Section 604 of the Pennsylvania Municipalities Planning Code,85 Act 247, as
85.Editor's Note: See 53 P.S. § 10604. 89:339 § 95-4 DALLAS CODE § 95-5 amended. The provisions of this chapter are designed to achieve the following: A. To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, emergency management preparedness, airports and national defense facilities, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water sewage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as reservation of natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains. B. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. C. To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks, provided, however, that the Zoning Ordinance shall not be deemed invalid for the failure to provide any other specific dwelling type. D. To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
§ 95-5. Community development objectives. The enactment of this chapter is intended to assist in achieving and promoting the following goals and objectives:
A. To maintain existing patterns of density development and the character of the Township while allowing for new growth and development. B. To insure the use of land within the Township is capable of providing for sufficient development of residential, commercial, industrial and public uses to meet the needs of the Township in proper locations in relationship to available infrastructure. C. To preserve environmental areas of scenic and natural beauty and environmentally sensitive areas from intensive or inappropriate development. D. To examine all proposed developments in relationship to its potential impact upon environmental resources and to avoid all forms of pollution within the Township and region.
89:340 § 95-5 WATER § 95-5
E. To provide for a variety of housing types to satisfy diverse housing markets, including those for the elderly, single persons, handicapped individuals and couples without children. F. To have development proposals reviewed with consideration given to soils, topography, environmental factors, road access and the provision of proper public utilities. G. To identify any recreational needs of the Township and to locate any needed facilities in coordination with existing or planned regional, county or state parks to foster a balanced recreational system. H. To provide an adequate transportation system for the safe movement of people and goods within all sectors of the Township and areas beyond. I. To provide commercial development in selected areas in accordance to the market needs of the Township and surrounding areas. J. To insure all new development provides adequate measures to control storm drainage and soils erosion and sedimentation. K. To periodically review the scope and provision of community and public services and facilities, with the intent to improve and expand such services and facilities as needed within the fiscal means and limitations of the Township. L. To coordinate Township plans and programs with county, state and federal plans, policies and programs with the intent of seeking such governmental funding when applicable to the Township's plans. M. To continue to cooperate with other adjoining municipalities on intergovernmental issues of mutual concern. N. To continue to conduct municipal affairs in an efficient, economical and fair manner for the welfare of all citizens and to be committed to professional planning within the administration and governing of the Township. O. To promote the maintenance of vital community facilities, such as municipal buildings, churches, schools and recreational facilities, as important community assets serving the residents.
89:341
§ 95-6 WATER § 95-8
ARTICLE II Definitions
§ 95-6. Application and interpretation. The definition of words included herein are provided to facilitate the interpretation of this chapter for administrative and enforcement purposes. Unless expressly stated otherwise, within the context of this chapter, the following shall apply: A. Words used in the present tense shall include the future tense. B. The word "person" shall include a profit or nonprofit corporation, company, partnership, individual or single proprietorship. C. The words "used" or "occupied," as applied to any land or building, shall include the words "intended," "arranged," or "designed" to be used or occupied. D. The word "building" shall include "part thereof" and "structure." E. The word "lot" shall include "plot" or "parcel." F. The word "shall" is always mandatory. G. The singular number shall include the plural, and the plural the singular. H. The masculine gender shall include the feminine and neuter. I. The word "street" shall include "road," "highway," and "lane."
§ 95-7. Terms or words not defined. When terms, phrases, or words are not defined, they shall have the meaning as defined in The Latest Illustrated Book of Development Definitions (H. S. Moskowitz and C. G. Lindbloom, Rutgers, The State University of New Jersey, 2004) or if not defined therein, they shall have their ordinarily accepted meanings or such as the context may imply.
§ 95-8. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ABANDONMENT — To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, subject to completion of the work within one year from the issuance of a zoning permit and/or building permit. ABUTTING — Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
89:343 § 95-8 DALLAS CODE § 95-8
ACCESS — A way or means of approach to provide physical ingress and/or egress to a property. ACCESSORY STRUCTURE — A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. ACCESSORY USE — A use incidental to, and on the same lot as, a principal use. AGRICULTURE — The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. The above uses shall not include concentrated animal feeding operations, commercial hog farms, fur farms, fertilizer plants or animal kennels. The keeping of more than two pieces of livestock upon a property, including but not limited to horses, cows, goats, sheep and similar types of animals, shall be deemed to constitute an agricultural use. ALTERATION — Any change, addition, or modification in construction or occupancy of an existing structure. ALTERATION, STRUCTURAL — Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders. AMENDMENT — A change in the regulations and provisions of the Dallas Township Zoning Ordinance, including changes to boundaries of Zoning Districts as provided upon the Zoning Map. ANCILLARY FACILITY OF OIL OR GAS DEVELOPMENT — Shall include compressors, oil or gas compressor stations, oil or gas metering stations and oil or gas processing facilities.[Added 10-24-2011 by Ord. No. 2011-2] ANIMAL KENNEL — Any structure or premises in which five or more dogs or cats or any combination thereof, at least six months of age, are boarded, kept or trained for commercial gain. ANIMAL HOSPITAL — A structure or building where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. ANTENNA, COMMUNICATION — See "communications antenna." AUTOMOTIVE SALES — The use of any building, structure or land, other than a street, for the display and sale or rental of motor vehicles which are in operable condition. The owner/operator of this business must have a valid state license for the sale or rental of such motor vehicles. Any related repair shall be conducted within an enclosed building and shall be an accessory use.
89:344 § 95-8 WATER § 95-8
AUTOMOBILE WRECKING YARD — The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima- facie evidence of an automobile wrecking yard. (See also "junkyards.") BASEMENT — That portion of a building that is partly or completely below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is five feet or greater. BED-AND-BREAKFAST — A residence occupied by an owner providing short-term lodging accommodations for compensation for transient guests. No more than five guest rooms shall be available for said accommodations. Any meals included as part of the services shall be restricted to individuals who have registered for lodging within said residence. BILLBOARD — A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. BOARDINGHOUSE or ROOMING HOUSE — A structure or portion thereof that contains rooming units which are rented or leased, with the occupants of said units being nontransient, and using said location as a legal place of residence. The terms "boardinghouse” or “rooming house" shall specifically exclude the following: dwelling, dwelling unit, motel and/or hotel, bed-and- breakfast facility and group residence. BUFFER AREA — A method of improvements designed to separate and substantially obstruct the view of two adjacent land uses or properties from one another. For the purpose of this chapter, when a buffer area is required, it shall be deemed to represent a fence or stone wall with cork fitting, eight feet in height with two staggered rows of evergreen trees planted in front of the fence with the spacing distance between trees the not less than eight feet or greater than 10 feet. Said trees shall be not less than eight feet in height at the time of planting. Unless stated otherwise, a buffer area may be part of the minimum setback distance for the land use requiring said buffer. BUILDING — Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals, or property. A. BUILDING, ACCESSORY — A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use. B. BUILDING COVERAGE — The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. C. BUILDING ENVELOPE — An area of a lot upon which development may occur. Excluding deed restrictions, covenants, easements or other site 89:345 § 95-8 DALLAS CODE § 95-8
conditions, the governing minimum setbacks requirements for a given zoning district establishes the building envelope. D. BUILDING, PRINCIPAL — A building in which is conducted the principal use of the lot on which it is located. E. BUILDING HEIGHT — The vertical distance of a building measure from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs, excluding chimneys. BULK FUEL STORAGE FACILITY — Any facility where gasoline is stored in bulk for distribution by delivery truck; fuel, including but not limited to kerosene, home heating oil, diesel fuel, gasoline, or propane, is stored in large volume tanks for distribution to retail or wholesale establishments; or the total combined on-site storage of fuel exceeds 20,000 gallons. CAMPGROUNDS — An area to be used for transient occupancy by camping in tents, camp trailers, recreational vehicles, travel trailers, or similar movable or temporary sleeping quarters. CAMPSITE — Any plot of land within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper. CAMPING UNIT — Any tent, trailer, recreational vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreational or vocational purposes. CARPORT — A roofed structure opened on two or more sides and used for the storage of private motor vehicles. It may be constructed as a separate accessory structure or part of the principal structure. CELLAR — The portion of any building which is located partly underground, but having 1 1/2 or more of its height, measured from finished floor grade to finished ceiling, below the average grade of the adjoining land. A cellar shall not be counted as a story for the purposes of administering height regulations of this chapter. CEMETERY — Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. CHANGE OF USE — Any use which differs from the previous use of a building, structure or land. CHURCH — See "place of worship." CLEAR SIGHT TRIANGLE — An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the "corner" so as not to interfere with traffic visibility across the corner. CLINIC (MEDICAL) — A facility comprised of professional offices, for the examination and treatment of persons as outpatients by physicians, dentists
89:346 § 95-8 WATER § 95-8 or other licensed medical specialists, in which said medical practitioners work in cooperative association. Said clinics may provide medical services customarily available at hospitals, excluding overnight care of patients and twenty-four-hour emergency service. CHILD CARE FACILITY — See "day-care facility." CHIMNEY — A vertical structure containing one or more flues for drawing off emissions from a stationary source of combustion, including but not limited to those attached to an outdoor fuel furnace. CLUB/PRIVATE LODGE — An area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to bona fide members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. The club shall involve a meaningful and substantial membership system, as opposed to a token system. This use shall not include a target range for outdoor shooting, boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met. COMMON OPEN SPACE — A parcel or parcels of land, which may include an area of water, within a development site and designated and intended for the use or enjoyment of residents of a planned residential development, exclusive of streets, off-street parking areas and areas set aside for public facilities. COMMERCIAL USE — An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. COMMERCIAL COMMUNICATION ANTENNA — Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio services, or any wireless communication signals, including without rotation, omnidirectional or whip antennas and directional or panel antennas, owned and operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas. COMMERCIAL COMMUNICATIONS EQUIPMENT BUILDING — An unmanned building or cabinet containing communication equipment for the operation of a commercial communication antenna and covering an area on the ground not greater than 250 square feet. COMMERCIAL COMMUNICATION TOWER — A structure other than a building which extends more than 10 feet from the natural surface of the ground and is used for business purposes and/or to support a commercial communication antenna.[Amended 10-24-2011 by Ord. No. 2011-2]
89:347 § 95-8 DALLAS CODE § 95-8
COMMERCIAL COMMUNICATIONS TOWER HEIGHT — The vertical distance measured from the ground to the highest point on a communications tower, including antennas mounted on the tower. COMPREHENSIVE PLAN — The Comprehensive Plan of Dallas Township, including any amendments, updates, or revisions thereto. COMPRESSOR — A device that raises the pressure of oil and natural gas and/or byproducts. Compressors are any devices that create a pressure differential to move or compress a liquid, vapor, or a gas. Any such device used alone or in series to adequately compress a gas is considered a compressor.[Added 10-24-2011 by Ord. No. 2011-2] CONDITIONAL USE — A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a zoning district subject to approval by the Board of Supervisors and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located. CONDOMINIUM — A set of individual dwelling units or other areas of building each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which was created under the PA Uniform Condominium Act of 1980,86 as amended. CONTRACTOR'S STORAGE — A lot, building, or part thereof used to store materials used by a contractor in the construction of a road, highway, structure or building, landscaping or utilities. CONVENIENCE STORE — Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same. CONVENIENCE STORE WITH GAS SALES — Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same, along with the retail sales of gasoline and related fuel products. COUNTY PLANNING COMMISSION — The Planning Commission of Luzerne County. CRITICAL AREAS — An area with one or more of the following characteristics: stream corridors, streams, floodplain areas, wetlands, slopes which equal or exceed 15%, soils classified as highly acidic or highly erodible, soils classified as having a high water table, land and associated soils which display poor percolation, mature stands of native vegetation and aquifer recharge and discharge area. DAY-CARE CENTER — A structure in which day care services are provided, with no portion of the structure being jointly used as a portion of a family residence.
86.Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. 89:348 § 95-8 WATER § 95-8
DAY-CARE FACILITY — A facility for the provision of out-of-home care for children or adults for part of a twenty-four-hour day, excluding care provided by relatives, and licensed as such by the state. DAY-CARE HOME — A residential structure in which day-care services are provided for not more than six persons at any one time, where the care areas are also used as a portion of a family residence. DAY-CARE SERVICES — The provision of out-of-home care for children or adults for part of a twenty-four-hour day, excluding care provided by relatives. DECISION — Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be subject to appeal to the Court of Common Pleas of Luzerne County. DENSITY — The number of dwelling units permitted per net unit of land. DETENTION FACILITY — A publicly operated or sponsored facility used to house and/or rehabilitate individuals detained, sentenced by, or under the jurisdiction of the criminal justice system, including but not limited to, jails, prisons, penitentiaries, reformatories, halfway houses and similar facilities. DETERMINATION — A. Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following: (1) The governing body; (2) The Zoning Hearing Board; or (3) The Planning Commission, only if and to the extent the planning commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance87 or planned residential development provisions. B. Determinations may be appealed only to the boards designated as having jurisdiction for such appeal. DEVELOPMENT — Any man-made improvements to improved or unimproved real estate. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or structure, any mining, dredging, filling, grading, paving, excavation, drilling, land disturbance and any use or extension of the use of land shall be deemed to constitute a development. DEVELOPMENT PLAN — The provisions for development included within an application for a subdivision and/or land development, including all covenants relating to use, location and bulk of buildings and other
87.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:349 § 95-8 DALLAS CODE § 95-8 structures, intensity of use or density of development, streets, ways and parking facilities, common open space, easements and public facilities. The phrase "development plan" shall mean the written and graphic materials referred to in this definition. DISTRICT — See “zoning district.” DRIVEWAY — A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having a frontage on the road. DWELLING TYPES — A. DWELLING, SINGLE-FAMILY — A detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which is constructed to be permanently attached and anchored to a permanent foundation shall be deemed to be a single- family dwelling unit.
B. DWELLING, TWO FAMILY — A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. C. DWELLING, MULTIPLE — A building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. The term "townhouse" is excluded under this term. (See definition of “townhouse.”) D. TOWNHOUSE — A single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground-level access to the outdoors and be connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit. E. MOBILE HOME — A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one 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 without a permanent foundation. DWELLING UNIT — One or more habitable rooms which are occupied, or which are intended or designed to be occupied as a residence by one family, with permanent facilities for living, sleeping, cooking, and sanitary facilities for exclusive use by the family residing therein. EARTH DISTURBANCE ACTIVITY — Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development,
89:350 § 95-8 WATER § 95-8 mineral extraction and the moving, depositing or storing of soil, rock or earth. EASEMENT — A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. EASEMENT, DRAINAGE — An easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility. ENTERTAINMENT FACILITIES — Commercial establishments, excluding any sexually oriented business, engaged in providing entertainment for a fee or an admission charge, such as an arcade, bowling alley, billiard hall, roller skating rink or similar facilities. ENVIRONMENTAL IMPACT STATEMENT — A report and/or series of reports on the effect of a proposed development or major action which may significantly affect the environment and associated features thereunder. EXCAVATION AND EXTRACTION OF MINERALS — The removal or recovery by any means whatsoever of minerals, from land or water, on or above the surface thereof, or beneath the land surface, whether exposed or submerged. It shall include the incidental screening, washing, crushing and grading of materials originating on the site, and mineral processing as an accessory use. Oil and/or natural gas, while classified as a mineral under the definition of the term "minerals" as so defined in this chapter, shall be excluded from this definition and shall be subject to specific regulations as set forth in Article VIII, Supplemental Regulations, of this chapter.[Amended 10-24-2011 by Ord. No. 2011-2] FACILITY — A structure or place which is built, installed, or established to serve a particular purpose.[Added 10-24-2011 by Ord. No. 2011-2] FAMILY — One or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit. Foster children placed into the care and custody of a family shall be deemed to be a member of the family. A group in excess of four individuals who are not related by blood, marriage or legal adoption shall not be deemed to constitute a family. FENCE — A structure functioning as a boundary or barrier constructed of materials recognized by the fencing industry. Hedges, shrubbery and/or similar vegetation shall not be deemed or considered to be a fence. FLOOR AREA, GROSS — The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. FORESTRY — The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development. (Also see § 95-70M, Forestry activities.)
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FRONTAGE — The length of the front lot line measured at the street right- of-way line. GARAGE, PRIVATE — A noncommercial building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature. GARAGE, REPAIR — A commercial building designed and used for the storage, care, repair, or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint, and body work. (See also "service station.") GARDEN CENTER — A place of business where products and produce are sold to the general public. These centers may include a nursery and/or greenhouses, plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils. GASOLINE SERVICE STATION — A structure, building or area of land or portion thereof that is used for the retail sale of gasoline or any other motor vehicle fuel that may or may not include as an accessory use, the sale and installation of lubricants, tires, batteries, and similar accessories and other minor servicing and engine tune-ups of motor vehicles, excluding the major mechanical overhauling, paint, and body work of any type of vehicle. Gasoline service stations shall not include service and maintenance activities which include or are comparable to those provided for under the definition of a "repair garage." GENERAL NUISANCE — Any use of property considered to be substantially inconsistent with the public comfort, convenience, health, safety, and general welfare, exhibiting characteristics that include, but may not be limited to the following: A. Properties in a continuing state of disrepair that are not fit for habitation and/or occupancy; B. Properties, lacking zoning approval for use as a junkyard and/or an automobile wrecking yard, that contain and accumulate trash, junk and/ or two or more inoperable vehicles; C. Fire and explosion hazards; D. Electrical and radioactive disturbances; E. Noise and vibration; F. Dust, dirt, and fly ash; G. Glare; H. Smoke and odors and other forms of air pollution. GOVERNING BODY — The Board of Supervisors of Dallas Township, Luzerne County, Pennsylvania.
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GREENHOUSE, COMMERCIAL — Retail business whose principal activity is the selling of plants grown on the site and having outside storage, growing, and/or display. GROUP RESIDENCE — A. A dwelling unit which is shared under congregate living arrangements by more than four persons who are residents of the dwelling unit by virtue of their need to receive supervised services limited to health, social and/or rehabilitative services provided by a person or persons or their licensed or certified agents, a governmental agency or their licensed or certified agents, a responsible corporation or their licensed or certified agents, a partnership or limited partnership or their licensed or certified agents or any other legal entity. Such services shall be provided on a continuous basis in a family-like environment to persons who are in need of supervision and/or specialized services in a residential setting.
B. The following shall not be deemed to constitute a group residence: (1) A boarding home and/or a personal care boarding home. (2) A facility providing shelter and/or rehabilitative care or treatment of persons for alcoholism and/or an addiction to a controlled substance. (3) A facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution. HAZARDOUS SUBSTANCES — A. Any material that, by reason of its quantity, concentration, or physical, chemical or infectious characteristics, may: (1) Cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible or incapacitating irreversible illness. (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. B. This definition shall be deemed to include radioactive material, medical waste and any incendiary device and/or explosive device or material. HIGHWAY OCCUPANCY PERMIT — A permit, issued by the Pennsylvania Department of Transportation, the Luzerne County Road and Bridge Department or Dallas Township which authorizes access from a parcel of land onto a highway, road or street which is under the respective jurisdiction of the above entities. HEALTH/RECREATION FACILITY — An indoor facility including uses such as game courts, exercise equipment, locker rooms, and related facilities.
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HOME OCCUPATION — An occupation, profession, activity; or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the existing residential character of the neighborhood. HORSE FARM — A building or structure and/or land whose operator keeps equines primarily for breeding and boarding and which operation may or may not be incidental to the owner's primary occupation. HOTEL — A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. (Also see "motel.") HUB HEIGHT — The distance measured from the surface of the tower's foundation to the height of the wind turbine hub to which the blade is attached. HYDRAULIC FRACTURING — The underground injection of fluids and other agents which create, enlarge or maintain fractures in subsurface rock to enable, improve or accelerate the recovery of oil, gas, or geothermal energy.[Added 10-24-2011 by Ord. No. 2011-2] HYDRAULIC FRACTURING WATER TREATMENT FACILITY — A facility or equipment used for removing and/or treating the waste generated in the process of hydraulic fracturing in order to extract natural gas and/or remove chemicals, compounds and radionuclides from the wastewater prior to storing or transporting said waste off-site for reuse or discharge. Such a facility shall contain equipment and improvements which may include, but which are not limited to, a multi-bay truck loading/unloading station, skim ponds for oil/water separation, water clarifiers, sludge, dewatering facilities, reverse osmosis units, evaporators, chemical feed equipment, pumps and other appurtenances.[Added 10-24-2011 by Ord. No. 2011-2] HYDRAULIC FRACTURING WATER WITHDRAWAL FACILITY — A facility or facilities which may include, but which is not limited to, wells, submerged suction lines, pumps, water mains, multiple hydrants, a truck loading or staging area, and/or water storage tanks, which extracts or removes water from a surface or groundwater system or resource and/or stores such water for use in or to assist with hydraulic fracturing efforts.[Added 10-24-2011 by Ord. No. 2011-2] IMPACT ANALYSIS — A study and/or report which may be required at the discretion of the Dallas Township Board of Supervisors prior to approval of a conditional use application and/or a rezoning application or by the Zoning Hearing Board prior to approval of an application for a special exception and/or variance to determine the potential impact of the proposed use on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the public health, safety and welfare and other factors directly, indirectly or potentially affected. The applicant shall be responsible for all costs related to any and all reports and/or studies required by the Dallas Township Board
89:354 § 95-8 WATER § 95-8 of Supervisors or Zoning Hearing Board under or within the context of the term "impact analysis." IMPERVIOUS SURFACE — Any material and/or development that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include, but may not be limited to, buildings, roofs, surfaced, graveled or compacted parking areas, streets, sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way. IMPROVEMENTS — Man-made physical additions, alterations, and/or changes to buildings or other structures which become part of, placed upon, or affixed to real estate. INDUSTRY, HEAVY — A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, excluding oil and/or gas development, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions and having potential to produce noise, dust, glare, odors or vibration beyond its property line.[Amended 10-24-2011 by Ord. No. 2011-2] INDUSTRY, LIGHT — A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. INSTITUTIONAL USE — A structure or facility which provides medical, health, educational, social and/or rehabilitative services to more than eight persons on a continuous and/or regular basis, excluding a facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution. JUNK — Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof. JUNKYARD — An open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but are not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. An automobile wrecking yard is also considered a junkyard. (See also "automobile wrecking yard.") LAND DEVELOPMENT — A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
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(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. (3) A subdivision of land. (4) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units. Any conversion described above that is intended to be a condominium shall be exempt from classification as a land development. (5) Any nonresidential use of land, with or without structures excluding agricultural use of land. (6) The development of a mobile home park or the expansion of an existing mobile home park within the context of the definition of said term as contained within this chapter. B. A development of a parcel of land which contains not more than three detached single-family residential structures, whether developed initially or cumulatively, shall be classified as a minor land development; all other uses classified as a land development shall be deemed to be a major land development. LANDOWNER — The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. LOT — A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, for principal and accessory buildings or structures. LOT AREA — The total horizontal area within the lot lines of a lot. LOT AREA, GROSS — The area of land contained within the limits of the legally described property lines bounding the lot. LOT AREA, NET — The area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any street or railroad rights-of-way, common open space, easements for the purposes of access, utility, or stormwater management, prohibitively steep slopes, the Floodplain Conservation District, and wetlands as defined by this chapter. LOT, CORNER — A lot abutting on and at the intersection of two or more streets. LOT COVERAGE — Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings and structures, by the gross area of that lot.
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LOT DEPTH — The average horizontal distance between the front and rear lot lines. LOT LINE, FRONT — The lot line separating a lot from a street right-of-way. LOT LINE — A line dividing one lot from another lot or from a street or alley. LOT LINE, REAR — The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. LOT LINE, SIDE — Any lot line not a front or rear lot line. LOT OF RECORD — A lot which exists as shown or described upon a plat or deed and duly recorded in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania, on the effective date of the adoption of this chapter. LOT, THROUGH — A lot having both its front and rear yards abutting on a street. LOT WIDTH — The horizontal distance between side lot lines, measured at the required front setback line. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built upon a chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term shall include park trailers, travel trailers, recreational and other similar vehicles placed upon a site for more than 180 consecutive days. MANUFACTURED HOME PARK — A parcel, or contiguous parcels of land, which has been planned and improved for the placement of two or more manufactured homes. 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. METHADONE TREATMENT FACILITY — A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons. MINERALS — Any aggregate or mass of mineral matter, whether or not coherent. The term shall include, but it is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat, and crude oil and natural gas. MINERAL PROCESSING — The refinement of minerals by the removal of impurities, reduction in size, transformation in state, or other means to specifications for sale or use, and the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products. MOBILE HOME — A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being
89:357 § 95-8 DALLAS CODE § 95-8 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 without a permanent foundation. MOBILE HOME LOT — A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. MOBILE HOME PARK — A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. MOTEL — A building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance and primarily offering transient lodging accommodations to the general public. Such building or group of buildings may also provide additional services such as restaurants, meeting rooms, and recreational facilities. (Also see "hotel.") MUNICIPALITY — The Township of Dallas, Luzerne County, Pennsylvania. NO-IMPACT HOME-BASED BUSINESS — A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling, and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises in excess with those normally associated with a residential use. The business or commercial activity must also comply with the applicable supplemental requirements contained in Article VIII of this chapter. NONCONFORMING LOT — A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. NONCONFORMING STRUCTURE — A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. NONCONFORMING USE — A use, whether of land or of structure, which does not comply with the applicable use and/or other provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation. NURSING HOME — A facility, as defined under current state licensing requirements, that provides nursing care and related medical or other health services for a period of 24 hours or more for individuals not in need
89:358 § 95-8 WATER § 95-8 of hospitalization, but who because of age, illness or other infirmity, require high-intensity comprehensive planned nursing care. OIL AND GAS ACT — Pennsylvania's Oil and Gas Act, 58 P.S. § 601.101 et seq., as it has been or may be amended from time to time.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS COMPRESSOR STATION — Any device, facility or use that increase(s) the pressure of a liquid, vapor or gas in a pipeline or other containment for purposes including but not limited to the transportation of the liquid, vapor or gas within a pipeline.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS DEVELOPMENT — Shall include the well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil or gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. Notwithstanding the forgoing, oil and gas development shall not include any ancillary facilities or activities, including, but not limited to: oil and gas compressor stations, oil and gas metering stations, oil and gas facilities, and off-site oil and gas pipelines.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS METERING STATIONS — A facility containing equipment including, but not limited to, gauges, valves and/or communications equipment, which regulates and/or measures the volume, pressure, and other characteristics of oil and/or natural gas in, entering or exiting an oil or gas pipeline.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS PIPELINES — All parts of those fixed-location physical facilities through which oil and/or natural gas moves in transportation, including pipes, valves, and other appurtenances attached to pipes, except those aboveground structures otherwise regulated under this chapter.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS PROCESSING FACILITY — Any facility other than an oil or gas compressor station or oil or gas metering station which alters the chemical or physical properties of oil or natural gas or refines oil or natural gas and segments it into distinct commodities.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS WATER REUSE STORAGE FACILITY — Tanks of any construction (metal, fiberglass, concrete, etc.) and impoundments used for the storage of hydraulic fracturing wastewater and/or water that has been used in oil or gas development and is being reused.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS WELL — Any well drilled for the purpose of extracting or capable of being used to extract gas, petroleum or other liquid related 89:359 § 95-8 DALLAS CODE § 95-8 to oil or gas production from beneath the surface of the earth.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS WELL OPERATOR — The person designated as the well operator on the permit application or well registration.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS WELL OWNER — A person, who owns, manages, leases, controls or possesses an oil or gas well.[Added 10-24-2011 by Ord. No. 2011-2] OIL OR GAS WELL SITE — A specifically defined location with fixed dimensions which may include facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling or production of an oil or gas well as further identified in any application submitted to or approved by the Pennsylvania Department of Environmental Protection.[Added 10-24-2011 by Ord. No. 2011-2] OFFICE — A building or portion thereof containing rooms and/or space for conducting the affairs of a business, profession, service, industry or government. OPEN SPACE — An area that is intended to provide light and air, and is designed for environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel. OUTDOOR FUEL FURNACE — An outdoor fuel-burning appliance designed and constructed to burn wood, coal or other recognized fuel in compliance with the manufacturer's recommended specifications. An outdoor fuel furnace shall be deemed to be an accessory structure intended for heating a structure that may be detached and separate from the accessory structure which contains the outdoor fuel furnace. OUTDOOR STORAGE (COMMERCIAL) — The keeping, in an unroofed area, of any goods, material, merchandise, equipment or vehicles which are related to the operation of a commercial business, excluding the storage of solid waste, hazardous substances, refuse, junk, junked vehicles, discarded and/or any inoperative durable items. PARCEL — A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons. PATIO — An open recreational area or structure, without roof, constructed no higher than six inches from the ground level and resting directly on the ground. It may be attached to or detached from the principal building and may be constructed using wood, masonry, pavement, stone, or other material suitable for that purpose.
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PARKING SPACE — An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle. PERMANENT FOUNDATION — A support for a building or structure, reaching below the frost line, consisting of a full poured concrete or masonry foundation or any other type which is permitted under the design standards of the Pennsylvania Uniform Construction Code, on which the building or structure is anchored and is intended to remain indefinitely. PERSONAL-CARE HOME — A facility, as defined under current state licensing requirements, and licensed as such, in which food, shelter and personal assistance or supervision are provided for a period exceeding twenty-four consecutive hours for more than three adults who are not relatives of the operator of the facility and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility. PERSONAL SERVICES — Any enterprise conducted for gain, which primarily offers services to the general public, such as shoe repair, valet service, watch repairing, barber shops, beauty parlors, and related activities. PLACE OF WORSHIP — A building used for religious services, including churches, synagogues, mosques and similar edifices. PLANNING COMMISSION — The Planning Commission of Dallas Township. PLANNED RESIDENTIAL DEVELOPMENT — An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, with a development plan which does not correspond in lot size, bulk or type of dwelling density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of this chapter. PRINCIPAL USE — The main use of land or structures, as distinguished from a secondary or accessory use. PRIVATE — Something owned, operated and supported by private individuals or a corporation, rather than by government, and not available for public use. PROPERTY OWNERS ASSOCIATION — A nonprofit corporation organized by the developer or homeowners of a residential development for the purpose of establishing an association of all property owners in a private development which purposes shall include the ownership and maintenance of open space common areas and all development improvements and facilities. PROTECTED USE or PROTECTED STRUCTURE — Any place of worship, public use, public building, school, college, or health care facility. This term shall not apply to accessory buildings, garages, or storage buildings.[Added 10-24-2011 by Ord. No. 2011-2]
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PUBLIC — Something owned, operated and supported by the community, residents or other entity, governmental or private, for the use and benefit of the general public. PUBLIC HEARING — A formal meeting held pursuant to public notice by the Dallas Township Board of Supervisors, Planning Commission or Zoning Hearing Board which is intended to inform and obtain public comment prior to taking action on a particular subject matter or development. PUBLIC MEETING — A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."88 PUBLIC NOTICE — Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. PUBLIC USES — Public parks and administrative, cultural and service buildings, excluding public land or buildings primarily devoted to the storage and maintenance of equipment or material. PUBLIC UTILITY — A private corporation or municipal authority with an exclusive franchise for providing a public service that operates under regulations of federal, state and/or local government. PUBLIC UTILITIES FACILITIES (ESSENTIAL) — Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures, pumping stations; telephone exchanges, and all other facilities, equipment and structures necessary for conducting a service by a public utility under the jurisdiction of the Pennsylvania Public Utility Commission, in accordance with Section 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.89 PUBLIC UTILITY TRANSMISSION TOWER — A structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines. RECREATIONAL FACILITIES, COMMERCIAL — Recreational facilities operated as a business and open to the public for a fee. RECREATIONAL FACILITIES, PRIVATE — Recreational facilities other than commercial or public, not operated for a profit, and only open to its members and their guests. RECREATIONAL FACILITIES, PUBLIC — Recreational facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the general public.
88.Editor's Note: See 65 P.S. § 271 et seq. 89.Editor's Note: See 53 P.S. § 10619. 89:362 § 95-8 WATER § 95-8
REPORT — Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed as a recommendation and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceedings upon request, with copies thereof provided at the cost of reproduction. RESTAURANT — A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in indispensable containers, and where the customer consumes these foods while seated at tables or counters located within the building. RESTAURANT, FAST-FOOD — An establishment which offers quick food service, including drive-through service, which is accomplished through a limited menu of items already prepared or prepared, fried, or grilled quickly. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers. RIGHT-OF-WAY — A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer line, or other special use. RIPARIAN LAND — Land that is traversed or bounded by a natural watercourse. ROAD-INTENSIVE USES[Added 10-24-2011 by Ord. No. 2011-2] — A. The following conditional uses shall be deemed to be road-intensive uses: (1) Ancillary facilities of oil or gas development. (2) Hydraulic fracturing water treatment facility. (3) Hydraulic fracturing water withdrawal facility. (4) Oil or gas compressor station. (5) Oil or gas well site. (6) Solid waste facility. (7) Forestry activities which include timbering. B. Any party that owns, operates, manages or otherwise controls a road- intensive use shall be designated a "road-intensive use operator." ROOMING UNIT — A room or rooms in a boardinghouse and/or rooming house forming a single habitable unit intended for living quarters but
89:363 § 95-8 DALLAS CODE § 95-8 lacking separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by occupant or occupants of the rooming unit. SATELLITE DISH ANTENNA — A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/ or receive radio or electromagnetic waves between terrestrial- and orbital- based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations. TVROs (television reception-only satellite dish antennas), and satellite microwave antennas. A satellite dish antenna that does not exceed three feet in diameter and is attached to a building shall be exempt from securing zoning approval. SCHOOL — A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools that are licensed by the state as such. SCREENING — The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features. SEATING CAPACITY — The actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the most recent standards under the BOCA Code or Pennsylvania Uniform Construction Code, based upon the more restrictive standards. SELF-SERVICE STORAGE FACILITY — A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers which are leased to individuals for the storage of the individual's property, possessions or wares. SETBACK — The required minimum horizontal distance between the building line and the related front, side or rear property line. SEWAGE DISPOSAL, CENTRALIZED — A sanitary sewage collection system, approved by the Pennsylvania Department of Environmental Protection, in which sewage is carried from individual lots by a system of pipes to a publicly owned central treatment and disposal facility. SEWAGE DISPOSAL, ON-LOT — Any facility designed to biochemically treat sewage within the boundaries of an individual lot in accordance with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. SEXUALLY ORIENTED BUSINESS — A. SEXUALLY ORIENTED BOOKSTORE — An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion 89:364 § 95-8 WATER § 95-8
pictures, videocassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. B. SEXUALLY ORIENTED ENTERTAINMENT — A nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. C. MASSAGE PARLOR — An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. D. SPECIFIED ANATOMICAL AREAS — Specified anatomical areas, as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. E. SPECIFIED SEXUAL ACTIVITIES — Specified sexual activities as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth as an "adult use." SIGN — A structure or device designed or intended to convey information to the public in written or pictorial form. SIGN AREA — The entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest
89:365 § 95-8 DALLAS CODE § 95-8 rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than 24 inches apart. SITE PLAN — A plan prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and features proposed for a specific parcel of land. SMALL WIND ENERGY CONVERSION SYSTEM- ("SMALL WECS") — A wind energy conversion system that is incidental and subordinate to another use on the same parcel and supplies electrical power solely for on- site use, which is intended to primarily reduce consumption of utility power at that location and not for resale. SPECIAL EXCEPTION — A use which may only be permitted in a particular zoning district, by special approval, granted by the Zoning Hearing Board in accordance with the applicable provisions of this chapter. SOLID WASTE OR WASTE — Any garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained in gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, excluding "hazardous substances" as so defined by this chapter and "hazardous waste," as so defined by the Pennsylvania Department of Environmental Protection, pursuant to Chapter 271.1, under the Solid Waste Management Act,90 as amended. SOLID WASTE FACILITY — Any facility whose operations include the following as defined and regulated by the Pennsylvania Department of Environmental Protection: landfills, transfer facilities, refuse vehicle staging areas, resource recovery facilities, waste disposal and processing facilities, and recycling facilities. STORY — That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above. A basement shall be counted as a story if its ceiling equals or exceeds five feet of the finished ground surface adjoining the exterior walls of such story. STREET — A public (dedicated) or private (undedicated) right-of-way, whether or not improved, intended for use by vehicular and pedestrian traffic. STRUCTURE — Any man-made object, having an ascertainable stationary location on or in land or water, whether or not it is affixed to the land.[Amended 10-24-2011 by Ord. No. 2011-2] SUBDIVISION — The division or redivision of a lot, tract or parcel of land into two or more lots, tracts or parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future,
90.Editor's Note: See 35 P.S. § 6018.101 et seq. 89:366 § 95-8 WATER § 95-8 of lease, partition by the court for distribution to heirs or devisees, transfer of ownership of buildings or lot development. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE — The Dallas Township Subdivision and Land Development Ordinance as enacted on July 3, 2007, as it has been or may be amended from time to time.91[Added 10-24-2011 by Ord. No. 2011-2] TIMBER HARVESTING — The cutting and removal of trees from their growing site, including the attendant operation of cutting and skidding machinery, for commercial purposes which does not involve any land development. (See Article VIII, Supplemental Regulations.) TOWER — A structure situated on a nonresidential site or lot which is intended for transmitting or receiving television, radio, or telephone communications. (Also see "communications tower.") TOWNHOUSE — A single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground-level access to the outdoors and connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit. TOWNSHIP — Township of Dallas, Luzerne County, Pennsylvania. TRANSFER STATION — A facility which receives and temporarily stores solid waste at a location other than the generation site, which facilitates the bulk transfer of accumulated solid waste to another facility or site for further processing and/or disposal of said solid waste. Said use shall be classified and regulated as a "solid waste facility." TRUCKING FACILITY — A structure, building and/or land consisting of a storage area, management and dispatch office and loading and unloading facilities connected with receipt or delivery of freight shipped by truck. TURBINE HEIGHT — The distance measured from the surface of the tower's foundation to the highest point of the turbine rotor plane at its furthest vertical extension. VARIANCE — A waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 95-152 of this chapter. WAREHOUSE — A building used primarily for storage of goods and material. WAREHOUSING AND DISTRIBUTION — A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, excluding the bulk storage of material that are flammable, explosive, hazardous or commonly recognized as offensive. WATER IMPOUNDMENT, FRESH — A depression, excavation, pit, or facility situated in or upon the ground at an oil or gas well site, hydraulic fracturing water treatment facility or hydraulic fracturing water withdrawal facility,
91.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:367 § 95-8 DALLAS CODE § 95-8 whether natural or artificial and whether lined or unlined, used to store fresh water for uses related to oil or gas development.[Added 10-24-2011 by Ord. No. 2011-2] WATER IMPOUNDMENT, WASTE — A depression, excavation, pit, or facility situated in or upon the ground, whether natural or artificial and whether lined or unlined, used to store wastewater, including but not limited to brine, fracturing fluid or residual waste.[Added 10-24-2011 by Ord. No. 2011-2] WATER SUPPLY SYSTEM, CENTRALIZED — A public or privately owned system, under the jurisdiction of the Pennsylvania Public Utility Commission, designed to transmit potable water from a common source to users, and in compliance with the governing standards of all applicable state agencies. Any water supply system not deemed as a centralized water supply system shall be deemed to be an on-site water supply system. WATERCOURSE, NATURAL — Any stream, creek, river, channel or similar waterway in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks. WETLANDS — Those areas that are inundated or saturated by the surface or groundwater at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission. WIND ENERGY CONVERSION SYSTEM ("WECS") — A machine designed for the purpose of converting wind energy into electrical energy (commonly known as "wind turbine" or "windmill"). The term “WECS” shall be used interchangeably with the terms "wind turbine" or "windmill," with said terms having the same meaning as a “wind energy conversion system” ("WECS"). WECS, COMMERCIAL — A WECS that is the prime use on a parcel of land and supplies electrical power for off-site use. WIND ENERGY FACILITY — A commercial electric-generating facility whose main purpose is to supply electricity to off-site customer(s), consisting of one or more commercial WECS, and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. YARD — An open space that lies between the principal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground up except for accessory buildings or projections which are expressly permitted by this chapter.
89:368 § 95-8 WATER § 95-8
YARD, FRONT — A space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. YARD, REAR — A space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. YARD, SIDE — A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. ZONING DISTRICT — A portion of Dallas Township illustrated upon the Official Zoning Map, within which certain uniform regulations and requirements apply under the provisions of the Zoning Ordinance. ZONING HEARING BOARD — The Zoning Hearing Board of Dallas Township, Luzerne County, Pennsylvania. ZONING MAP — The official map which is part of the Zoning Ordinance and indicates and delineates the zoning districts of Dallas Township, Luzerne County, Pennsylvania. ZONING OFFICER — The administrative officer appointed by the governing body to administer and enforce the Zoning Ordinance of Dallas Township, Luzerne County.
89:369
§ 95-9 WATER § 95-13
ARTICLE III General Regulations
§ 95-9. Attached accessory structures. Accessory structures which are attached to a principal structure shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.
§ 95-10. Unattached accessory structures. A. Nonresidential. When the principal use or structure is nonresidential, an unattached accessory structure shall comply with the front yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than 15 feet from any side yard lot line or rear yard lot line. B. Residential. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot subject to the following requirements: (1) The maximum height shall not exceed 15 feet. (2) An accessory structure shall not be located less than: (a) Ten feet from a side lot line or the rear lot line for accessory structures that have floor area not in excess of 200 square feet. (b) Fifteen feet from a side lot line or the rear lot line for accessory structures that have floor area which exceed of 200 square feet. (c) Excluding A-1 and C-1 Zoning Districts, an accessory residential structure shall not exceed 750 square feet of floor area. C. Outdoor fuel-burning furnaces. See §§ 95-30 and 95-70T.
§ 95-11. Corner lot restriction. On a corner lot, there shall be provided on each side thereof, adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located.
§ 95-12. Types of residential accessory structures. For residential lots, permitted accessory structures shall include noncommercial greenhouses, tool or lawn sheds, private garages or carports, private noncommercial swimming pools, gazebos and noncommercial satellite antenna dishes.
89:371 § 95-13 DALLAS CODE § 95-15
§ 95-13. Noncommercial satellite dish antennas. A noncommercial satellite dish antenna, as so defined in this chapter, shall be deemed an accessory use permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation shall not exceed the maximum height restriction of the zoning district in which it is located.
§ 95-14. Residential accessory structures in a nonresidential zone. In cases when a residential structure is a nonconforming use, located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use, but shall be subject to the regulations contained under § 95-10B of this chapter.
§ 95-15. Private noncommercial swimming pools. Swimming pools shall be located in either the rear yard or side yard of the property on which it is an accessory use. The swimming pool and any accessory structures thereto shall have a minimum setback of 10 feet from any rear or side yard lot line. All swimming pools capable of containing water to a depth, at any point, in excess of 24 inches shall be enclosed in accordance with the following subsections: A. In-ground pools. The pool or the entire property on which the pool is located shall be enclosed with a permanent fence not less than four feet in height, which includes a gate secured with a lock. The required fencing for an in-ground pool must be installed upon the completion of the excavation work for said pool. Shrubbery shall not be considered as a barrier. B. Aboveground pools.
(1) Pools with exterior supports. An aboveground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection A or, in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery shall not be considered a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.
89:372 § 95-15 WATER § 95-19
(2) Inflatable pools without exterior supports. An aboveground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection A. Shrubbery shall not be considered a barrier.
§ 95-16. Projections into required yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage: A. Terraces or patios: provided that such terraces or patios are located in the rear yard or side yard are not under roof, without walls or other form of enclosure and are not closer than five feet to any adjacent lot line. B. Projecting architectural features: such as bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other similar architectural features provided that any of the aforementioned features do not extend more than two feet into any required setback. C. Porches and decks: provided such porches or decks are located in the rear yard or side yard, and that such does not exceed 4 1/2 feet in depth as extended from the structure. D. Handicapped ramps: may be constructed without meeting any applicable front and/or rear yard setback requirements in any Zoning District, but shall have a minimum side yard setback of not less than five feet.
§ 95-17. Exceptions to height limitations. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, chimneys, flagpoles, water towers, skylights; or to any accessory mechanical appurtenances usually located above the roof level.
§ 95-18. Required access. Every building or structure hereafter erected shall have access to or be located upon a lot adjacent to a public or private street.
§ 95-19. Land development approval for certain uses. In addition to zoning approval, the following uses are classified as a "land development," requiring approval under the applicable provisions of the Dallas Township Subdivision and Land Development Ordinance:92
92.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:373 § 95-19 DALLAS CODE § 95-20
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure. (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. (3) A subdivision of land. (4) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units. Any conversion described above that is intended to be a condominium shall be exempt from classification as a land development. (5) Any use of land, with or without structures, which encompasses 43,560 or more square feet of surface area of land, including grading, backfilling of land, earth-moving activities, and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded. (6) The development of a mobile home park or the expansion of an existing mobile home park within the context of the definition of said term as contained within this chapter. B. A development of a parcel of land which contains not more than three detached single-family residential structures, whether developed initially or cumulatively, shall be classified as a minor land development; all other uses classified as a land development shall be deemed to be a major land development.
§ 95-20. Visibility at intersections and private driveways. A. Intersection of streets. On any corner lot, no visual obstruction, including but not limited to vegetation, between 2 1/2 feet and eight feet in height, excluding street signs, utility poles or traffic signs, shall be erected or maintained on any corner lot within the triangle formed by the intersecting property lines of the corner lot and a line projected between points of each of those adjacent property lines 20 feet from the intersections. B. Private driveways. No visual obstruction, including but not limited to vegetation, exceeding 2 1/2 feet in height, shall be erected or maintained within the triangle formed between the intersecting lines between points measured at a distance of 10 feet from the edge of
89:374 § 95-20 WATER § 95-23
pavement from each side of the driveway along the property line and a distance of 10 feet along the center line of the driveway from the property line. C. Required setback. No part of a driveway for shall be located closer than 10 feet from a side property line.
§ 95-21. Fences and walls. The posts and/or structural supports of a fence shall be located within the interior yard space to be enclosed. A. Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property shall be permitted according to the following subsections: (1) Front yard. The maximum height of any fence or wall in a front yard shall not exceed four feet in height above the adjacent ground level. (2) Side and rear yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed six feet in height. (3) Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence. B. Nonresidential. Fences to be constructed within any commercial and/or industrial zoning district shall not exceed eight feet in height above the adjacent ground level. Fences to be constructed within any industrial zoning district shall not exceed 10 feet in height above the adjacent ground level. C. Exemptions. The provisions of this section shall not be applied to prevent the construction of a chain link in excess of 10 feet in height, designed as an enclosure to a public park, a public playground or similar outdoor recreational facility.
§ 95-22. Public utilities. With the exception of storage yards, the provisions and regulations of this chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation deemed necessary for the convenience or welfare of the public in accordance with Section 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.93
93.Editor's Note: See 53 P.S. § 10619. 89:375 § 95-23 DALLAS CODE § 95-26
§ 95-23. Sewage disposal. The provision of sewage service to any proposed use and/or development of property shall be consistent with the Township's Act 537 Sewage Facility Plan. Any use or development of property which proposes to utilize on- lot sewage disposal shall secure approval from the Township's Sewage Enforcement Officer in accordance with the applicable governing standards of the Pennsylvania Department of Environmental Protection prior to the issuance of a zoning permit.
§ 95-24. Certain exemptions for setback requirements. Any structural portion of a building, such as a deck, patio, porch or similar feature which is need of repair to the point of replacement shall be exempt from complying with the applicable setback requirements when all of the following conditions exist: A. The use of the building represents a use permitted by right in the district in which it is located. B. There are no outstanding zoning or building code violations against the owner of the property. C. The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced. D. A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.
§ 95-25. Mobile homes anchored to permanent foundations. A mobile home shall be constructed and anchored to a permanent foundation. Under such conditions, said mobile home shall be deemed to be a single-family residence.
§ 95-26. Replacement of mobile homes. The removal of a mobile home upon a property with the intent to replace it with another mobile home may be permitted in accordance with the following standards: A. The property owner shall provide the Zoning Officer with written notice of his intent to replace the structure and the date on which the current mobile home will be removed from the lot. B. The placement of the new mobile home upon the lot shall be in conformance with all applicable setback requirements and area requirements for the zoning district in which it is located.
89:376 § 95-26 WATER § 95-27
C. A new mobile home shall be located upon the lot in conformance with § 95-25 and shall be connected with all utilities, including sewage, and ready for occupancy within 180 days from the date on previous mobile home was removed.
§ 95-27. Temporary structure and/or temporary use. A temporary structure and/or a temporary use may be allowed in all zoning districts subject to the following requirements: A. A temporary structure and/or use shall meet all applicable setback requirements for the zoning district in which it is to be located. B. The temporary structure shall be located upon a property for a period not to exceed 12 months from the date on which the zoning permit was approved by the Zoning Officer. The twelve-month time limitation for a temporary structure and/or use shall be cumulative in nature. Any intermittent cessation and subsequent resumption of a temporary structure and/or use shall be included within the twelve-month time limitation from the date on which approval was originally issued. C. The use of a temporary structure shall be directly related to the principal use of the property and the principal use of the property must be a use permitted by right in the zoning district in which it is located. D. Trailers placed upon a property as a field office during the construction activities for a permanent principal use shall be exempt. E. The use of a temporary structure as a residence shall permitted when the following conditions apply: (1) The property on which the temporary structure is to be located represents the same property on which the applicant has secured zoning approval to construct a permanent dwelling. (2) The temporary structure has service to and is connected to all required utilities, including but not necessarily limited to electrical, water and sewage and is utilized within the context of a "dwelling unit" as defined in Article II of this chapter. (3) Upon the cessation of 12 months from the date on which the zoning permit was approved by the Zoning Officer, the temporary structure shall be removed from the site unless the applicant submits and receives approval for a land development application and plan. F. The size of the gross floor area of a temporary structure shall not exceed that of the principal structure. G. Required off-street parking and/or loading shall be provided for the use within a temporary structure in accordance with the applicable provisions contained in Article XI, Off-Street Parking and Loading.
89:377 § 95-27 DALLAS CODE § 95-31
H. Upon receipt of approval for a temporary structure and/or use, the twelve-month limitation may be extended up to an additional 12 months as a variance subject to approval by the Zoning Hearing Board.
§ 95-28. Highway occupancy permit. Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a state legislative route, a county road or a Township road shall be conditioned upon the applicant securing a highway occupancy permit from the applicable governing body and/or agency.
§ 95-29. Soil erosion and sedimentation control plan. A. In accordance with the requirements of the Pennsylvania Department of Environmental Protection, any proposed development having a cumulative land disturbance equal to or in excess of 5,000 square feet shall be required to prepare and implement a soil erosion and sedimentation control plan in accordance with the most recent addition of the Department of Environmental Protection Erosion and Sedimentation Control Manual. B. For stormwater discharges from construction activities, any proposed development that will disturb between one and up to five acres of land over the life of the project, and has a point source discharge to surface waters, shall be required to secure a National Pollutant Discharge Elimination System Permit (NPDES) from the Luzerne County Conservation District. No zoning permit for development shall be issued by the Township until written notification is received from the Luzerne County Conservation District verifying compliance in securing the NPDES ermit.
§ 95-30. Outdoor fuel-burning furnaces. An outdoor fuel-burning furnace shall be deemed to be an accessory structure permitted in the A-1 District and the C-1 District, as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the supplemental standards as set forth in Article VIII of this chapter.
§ 95-31. Uses not addressed. Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The proposed use may be permitted if only if it is determined to be similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this chapter.
89:378 § 95-31 WATER § 95-32
The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for a special exception as contained in § 95-153B of this chapter and would not be detrimental to the public health, safety and welfare and/or environmental features and characteristics of the site and/or surrounding areas.
§ 95-32. Conflicting regulations. In the event that any provisions within this chapter are found to be in conflict with another provision of this chapter, and/or any other ordinance, law; or regulation of the Township, state or United States Government, the most restrictive shall apply.
89:379
§ 95-33 WATER § 95-35
ARTICLE IV Zoning Map and Zoning Districts
§ 95-33. Official Zoning Map. Dallas Township is hereby divided into zoning districts, as shown on the Official Zoning Map,94 which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter, together with all future notations, references and amendments.
§ 95-34. Changes to Official Zoning Map. Any changes to the location of zoning district boundaries or other matters portrayed upon the Official Zoning Map shall be undertaken in accordance with the applicable provisions contained within Article XIV of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.95 Such changes shall be provided upon the Official Zoning Map promptly after the enactment of the subject amendment by the Dallas Township Board of Supervisors.
§ 95-35. Interpretation of boundaries. For the interpretation of zoning district boundaries, the following subsections shall apply if or when a determination is not made by the Zoning Officer. A. Zoning Hearing Board. If uncertainty exists as to the boundary of any zoning district shown upon the Official Zoning Map, the Zoning Hearing Board shall determine the location of such boundary according to the guidelines set forth in Subsection B. B. Guidelines. (1) Zoning district boundary lines are intended to follow or parallel the center line of streets, streams and railroads; and the lot or property lines as they exist on a recorded deed or plan at the time of adoption of this chapter, unless such zoning district boundary lines are fixed by dimensions as shown on the Official Zoning Map. (2) Where a zoning district boundary is not fixed by dimensions and where it approximately follows lot lines, and does not scale more than 10 feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise. (3) If the guidelines within this section above fail to provide and establish the boundary of a zoning district, a survey of the property or area of land in question shall be made by a registered surveyor,
94.Editor's Note: The Zoning Map is on file and available for inspection in the ownshipT offices. 95.Editor's Note: See 53 P.S. § 10101 et seq. 89:381 § 95-35 DALLAS CODE § 95-36
with the cost of the survey paid by the party who is questioning or contesting the boundary location.
§ 95-36. Classes of zoning districts. For the purpose of this chapter, Dallas is hereby divided into Zoning Districts as designated below: C-1 Conservation District A-1 Agricultural District R-1 Single Family Residential District R-2 Multifamily Residential District S-1 Suburban Residential B-1 Neighborhood Business District B-2 Highway Business District I-1 General Industrial District PRD Planned Residential Development District
89:382 § 95-37 WATER § 95-37
ARTICLE V Zoning District Regulations
§ 95-37. C-1 Conservation District. A. Permitted uses. (1) Agriculture (as defined in Article II), but excluding concentrated animal feeding operations as defined and regulated under the Pennsylvania Nutrient Management Act, as amended. (2) Commercial greenhouses, nurseries and garden shops. (3) Communication antennas mounted on an existing public utility transmission tower, building or other structure. (4) Forestry (as defined in Article II; also see § 95-70M). (5) Public recreational facilities. (6) Public utility facilities (as defined in Article II), excluding storage yards. (7) No-impact home-based business. (8) Single-family dwellings, including mobile homes on permanent foundations. (9) Stables (private) in association with a single-family dwelling (limited to properties of not less than two acres and limited to not more than two equines). (10)State gamelands. (11)Wildlife refuge. (12)Accessory uses to the above. B. Uses permitted by special exception. (1) Cemeteries. (2) Home occupations. (3) Outdoor fuel-burning furnace. (4) Private recreational facilities. (5) Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances (as defined in Article II). D. Conditional uses. (See Article VII.)
89:383 § 95-37 DALLAS CODE § 95-38
(1) Campgrounds and recreational vehicle parks. (2) Commercial communication tower and related facilities. (3) Excavation and extraction of minerals. (4) Golf courses. (5) Small wind energy conversion system. (6) Any nonresidential use permitted by right or by special exception, excluding agricultural uses, shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(7) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.96
§ 95-38. A-1 Agricultural District. A. Permitted uses. (1) Agriculture (as defined in Article II), but excluding concentrated animal feeding operations as defined and regulated under the Pennsylvania Nutrient Management Act, as amended. (2) Communication antennas mounted on an existing public utility transmission tower, building or other structure. (3) Commercial greenhouses, nurseries and garden shops. (4) Forestry (as defined in Article II; also see § 95-70M). (5) Public recreational facilities. (6) Public utility facilities (as defined in Article II), excluding storage yards. (7) No-impact home-based business.
96.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:384 § 95-38 WATER § 95-38
(8) Retail sales of agricultural and/or forestry products including those produced and/or processed upon the premises, not to exceed 5,000 square feet of gross floor area and/or land area. (9) Single-family dwellings, including mobile homes on permanent foundations. (10)Stables (private) in association with a single-family dwelling (limited to properties of not less than two acres and limited to not more than two equines). (11)Accessory uses to the above. B. Uses permitted by special exception. (1) Animal hospitals. (2) Animal kennels.
(3) Bed-and-breakfast establishments. (4) Cemeteries. (5) Group residences. (6) Home occupations. (7) Nursing homes. (8) Outdoor fuel-burning furnace. (9) Place of worship. (10)Private recreational facilities. (11)Public uses. (12)Public utilities facilities. (13)Stables (commercial). (14)Warehouse (self-storage). (15)Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Excavation and extraction of minerals, excluding quarries (as defined in Article II). (2) Commercial communication tower and related facilities.
89:385 § 95-38 DALLAS CODE § 95-39
(3) Planned residential development. (4) Wind energy facility (as defined in Article II). (5) Small wind energy conversion system. (6) Any nonresidential use permitted by right or by special exception, excluding agricultural uses, shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(7) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2]
(8) Ancillary facilities of oil or gas development. [Added 10-24-2011 by Ord. No. 2011-2]
(9) Compressor. [Added 10-24-2011 by Ord. No. 2011-2]
(10)Hydraulic fracturing water withdrawal facility. [Added 10-24-2011 by Ord. No. 2011-2]
(11)Hydraulic fracturing water treatment facility. [Added 10-24-2011 by Ord. No. 2011-2]
(12)Oil or gas well sites. [Added 10-24-2011 by Ord. No. 2011-2]
(13)Water impoundment, waste. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.97
§ 95-39. R-1 Single Family Residential District. A. Permitted uses. (1) Single-family detached dwellings (including mobile homes on permanent foundations). (2) Communication antennas mounted on an existing public utility transmission tower, building or other structure.
97.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:386 § 95-39 WATER § 95-39
(3) Public utility facilities as defined in Article II of this chapter (excluding storage yards). (4) No-impact home-based business. (5) Forestry (as defined in Article II, also see § 95-70M). (6) Accessory uses to the above. B. Uses permitted by special exception. (1) Day-care home. (2) Home occupations. (3) Nursing homes. (4) Group residence. (5) Place of worship. (6) Public recreational facilities. (7) Public uses (except storage yards). (8) Public utilities facilities. (9) Schools. (10)Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Small wind energy conversion system. (2) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(3) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of
89:387 § 95-39 DALLAS CODE § 95-40
this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.98
§ 95-40. R-2 Multifamily Residential District. A. Permitted uses. (1) Single-family detached dwellings (including mobile homes on permanent foundations). (2) Two-family dwellings. (3) Townhouses. (4) No-impact home-based business. (5) Forestry (as defined in Article II, also see § 95-70M). (6) Essential public utility facilities as defined in Article II of this chapter (excluding storage yards). (7) Accessory uses to the above. B. Uses permitted by special exception. (1) Bed-and-breakfast. (2) Day-care center. (3) Group residence. (4) Home occupations. (5) Multiple-family dwellings. (6) Nursing home. (7) Outdoor fuel-burning furnace. (8) Personal care home.
(9) Place of worship. (10)Public recreational facilities. (11)Public uses. (12)Public utilities facilities. (13)Accessory uses to the above. C. Prohibited uses.
98.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:388 § 95-40 WATER § 95-41
(1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Mobile home parks (homes on permanent foundations). (2) Small wind energy conversion system. (3) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(4) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.99
§ 95-41. S-1 Suburban Residential District. A. Permitted uses. (1) Single-family detached dwellings (including mobile homes on permanent foundations). (2) Two-family dwellings. (3) Agriculture (as defined in Article II), but excluding concentrated animal feeding operations as defined and regulated under the Pennsylvania Nutrient Management Act, as amended. (4) Communication antennas mounted on an existing public utility transmission tower, building or other structure. (5) Public utility facilities as defined in Article II of this chapter (excluding storage yards). (6) No-impact home-based business. (7) Forestry (as defined in Article II, also see § 95-70M). (8) Accessory uses to the above.
99.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:389 § 95-41 DALLAS CODE § 95-42
B. Uses permitted by special exception. (1) Day-care home. (2) Home occupations. (3) Nursing homes. (4) Group residence. (5) Outdoor fuel-burning furnace. (6) Place of worship. (7) Public recreational facilities. (8) Public uses (except storage yards). (9) Public utilities facilities. (10)Schools. (11)Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Small wind energy conversion system. (2) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(3) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.100
100.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:390 § 95-42 WATER § 95-42
§ 95-42. B-1 Neighborhood Business District. A. Permitted uses. (1) Retail businesses which do not exceed 1,500 square feet of gross floor area, including or similar to the following: (a) Artist, music and hobby supplies. (b) Commercial greenhouses, nurseries and garden shops. (c) Convenience stores. (d) Florist shops. (e) Food/grocery. (f) Forestry (as defined in Article II, also see § 95-70M). (g) Greeting cards, newspapers, books, stationery and gift shops. (h) Pharmaceutical products. (i) Accessory uses to the above. (2) Service-oriented business including or similar to the following: (a) Day-care centers. (b) Essential public utility facilities as defined in Article II of this chapter (excluding storage yards). (c) Personal services. (d) Professional offices. (e) Restaurants without live entertainment and not exceeding 1,500 square feet of gross floor area. (f) Taverns without live entertainment and not exceeding 1,500 square feet of gross floor area. (g) Accessory uses to the above. (3) Recreation and entertainment related business including or similar to: (a) Club or lodge (private). (b) Public recreational facilities. (c) Accessory uses to the above. (4) Residential uses. (a) Dwelling over and/or attached to business.
89:391 § 95-42 DALLAS CODE § 95-43
(b) No-impact home-based business. (c) Home occupations. (d) Personal care home. (e) Accessory uses to the above. B. Uses permitted by special exception. (1) Commercial recreational facilities without live entertainment and not exceeding 1,500 square feet of gross floor area. (2) Entertainment facilities without live entertainment and not exceeding 1,500 square feet of gross floor area. (3) Outdoor fuel-burning furnace. (4) Place of worship. (5) Public uses. (6) Public utilities facilities. (7) Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Small wind energy conversion system. (2) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area.
(3) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.101
101.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:392 § 95-43 WATER § 95-43
§ 95-43. B-2 Highway Business District. A. Permitted uses. (1) Retail businesses area including or similar to the following: (a) Artist, music and hobby supplies. (b) Automotive supplies. (c) Clothing and clothing accessories. (d) Commercial greenhouses, nurseries and garden shops. (e) Convenience stores. (f) Convenience stores with gas sales. (g) Equipment sales and repair. (h) Florist shops. (i) Food/grocery. (j) Forestry (as defined in Article II, also see § 95-70M). (k) Greeting cards, books and stationery. (l) Hardware. (m) Household goods and appliances. (n) Lumber yards. (o) Office equipment and supplies. (p) Pharmaceutical products. (q) Sporting goods. (r) Variety goods. (s) Accessory uses to the above. (2) Service-oriented business including or similar to: (a) Animal hospital. (b) Automotive sales. (c) Automotive services, including reconditioning, detailing, polishing, air conditioning, and similar services. (d) Banks. (e) Day-care centers. (f) Electronic equipment and products (sales, service and repair).
89:393 § 95-43 DALLAS CODE § 95-43
(g) Entertainment facilities. (h) Funeral homes. (i) Gasoline service stations. (j) Health/recreation facility. (k) Hospital. (l) Medical clinics. (m) Nursing homes. (n) Personal services. (o) Private garage (storage of commercial vehicles). (p) Professional/business offices. (q) Public utility facilities (as defined in Article II of this chapter), excluding storage yards. (r) Repair garage. (s) Restaurant, fast food. (t) Restaurants. (u) Taverns. (v) Warehouse facilities, including self-storage. (w) Accessory uses to the above. (3) Recreation and entertainment related business including or similar to: (a) Club or lodge (private). (b) Commercial recreational facilities. (c) Entertainment facilities. (d) Private recreational facilities. (e) Public recreational facilities. (f) Accessory uses to the above. (4) Residential uses. (a) Dwelling over and/or attached to business. (b) Home occupations. (c) No-impact home-based business.
89:394 § 95-43 WATER § 95-44
(d) Personal care home. (e) Accessory uses to the above. B. Uses permitted by special exception. (1) Boarding or rooming homes. (2) Contractor yards. (3) Car wash. (4) Hotels/motels. (5) Institutional use (as defined in Article II of this chapter). (6) Outdoor fuel-burning furnace. (7) Outdoor storage (commercial). (8) Public uses. (9) Public utilities facilities. (10)Accessory uses to the above. C. Prohibited uses. (1) Any use which utilizes and/or stores any hazardous substances as defined in Article II of this chapter. D. Conditional uses. (See Article VII.) (1) Shopping center. (2) Small wind energy conversion system. (3) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 25,000 square feet of buildings, structures and/or other impervious surface area.
(4) Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.102
89:395 § 95-44 DALLAS CODE § 95-44
§ 95-44. I-1 General Industrial District. A. Permitted uses. (1) Automotive sales. (2) Contractors' offices, shops and storage yards (for commercial uses which sell products such as lumber, building, heating, plumbing, electrical, masonry, fencing and related material). (3) Electronic equipment and products (sales, service and repair). (4) Equipment sales and repairs. (5) Essential public utility facilities as defined in Article II of this chapter. (6) Gasoline service stations. (7) Light industry (as defined in Article II). (8) Lumberyards outdoor storage (commercial). (9) Print shops. (10)Public uses. (11)Public utilities facilities. (12)Repair garages. (13)Stone or monument works. (14)Warehouse and distribution facilities. (15)Warehousing, including self-storage facilities. (16)Accessory uses to the above. B. Uses permitted by special exception. (1) Commercial communication tower and related facilities. (2) Outdoor fuel-burning furnace. (3) Recycling facilities. C. Conditional uses. (See Article VII.) (1) Junkyards and/or automotive wrecking yards. (2) Bulk fuel storage. (3) Detention facility.
102.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:396 § 95-44 WATER § 95-44
(4) Excavation and extraction of minerals, including quarry operations (as defined in Article II). (5) Heavy industrial uses (as defined in Article II). (6) Methadone treatment facility. (7) Sewage treatment plants. (8) Sexually oriented business (as defined in Article II). (9) Small wind energy conversion system. (10)Solid waste facilities. (11)Staging areas. (12)Transfer stations. (13)Trucking facilities and terminals. Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 100,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 30,000 square feet of buildings, structures and/or other impervious surface area. (c) Any use which utilizes and/or stores any hazardous substances as so defined in Article II of this chapter.
(14)Oil or gas pipelines. [Added 10-24-2011 by Ord. No. 2011-2] D. Noise. Any nonresidential use located within the I-1 District shall be subject to the following regulations: (1) At no point on the boundary of a residential district, or property line other than a residential district boundary, shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under their control of this section, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown below for the districts indicated:
89:397 § 95-44 DALLAS CODE § 95-44.1
Table A
Maximum Permissible Sound Pressure Levels Maximum Sound Pressure Levels in Decibels (1.0002 dynes per square centimeter) Decibels Along Decibels Along Property Lines Residential Other Than Octave Bank in District Residential District Cycles Per Second Boundaries Boundaries 0 to 75 72 79 76 to 150 67 74 151 to 300 59 66 301 to 600 52 59 601 to 1,200 46 53 1,201 to 2,400 40 47 2,401 to 4,800 34 41 Above 4,800 32 39
(a) Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses. (b) At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table A in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. (American standard sound level meters for measurement of noise and other sound, 224-19, American Standards Association, Inc. New York, New York, and American Standard Specification for an octave-band filter, set for the analysis of noise and other sounds, 224.10-1953, American Standards Association, Inc., New York, New York, shall be used.) E. Subdivision and land development. Any property proposed to be divided into parcels or developed in accordance with the definitions of a "subdivision" or a "land development," as provided in Article II of this chapter, shall also be subject to the governing regulations and provisions of the Dallas Township Subdivision and Land Development Ordinance.103
103.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:398 § 95-44.1 WATER § 95-45
§ 95-44.1. PRD Planned Residential Development District.104 [Added 10-24-2011 by Ord. No. 2011-2] A. Conditional uses. (1) Oil or gas pipelines.
§ 95-45. Area, bulk, density and height regulations. The schedule of area, bulk, density and height regulations is included at the end of this chapter.
104.Editor’s Note: For additional provisions on planned residential development, see Art. XVI, Planned Residential Developments. 89:399
§ 95-46 WATER § 95-48
ARTICLE VI Special Exceptions
§ 95-46. Purpose. The purpose of a use classified as a "special exception" is to provide expressed standards for regulating unique or special characteristics of certain uses which may otherwise allow such uses to be permitted by right within their respective zoning district, as provided in Article V, Zoning District Regulations.
§ 95-47. General provisions. The authority for approving or denying applications for uses permitted by special exception shall be vested in the Zoning Hearing Board in accordance with the provisions contained in Article XV. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in § 95-153B, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and any applicable state and/or federal regulations.
§ 95-48. Site plan. A. Uses classified as a special exception shall file, in addition to a zoning permit, a site plan at a scale not greater than: (1) One inch equals 50 feet for uses/developments located upon properties in excess of two acres; or (2) One inch equals 20 feet for uses/developments located upon properties being two acres or less. B. Such plan shall provide all applicable information required for the Zoning Hearing Board to render a decision, including but not limited to the following: (1) The location and size of all buildings and structures, both principal and accessory, both existing and proposed. (2) The location of all off-street parking areas and/or loading and unloading areas. (3) The location of all open space areas, including buffer areas and fencing, as applicable. (4) Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes and aisle widths. (5) All streets, both public and private, within 200 feet of the site, including right-of-way and cartway widths.
89:401 § 95-48 DALLAS CODE § 95-48
(6) Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within one 100 feet of the site. (7) The location, nature and terms of any existing or proposed easements on the site, and any easements both on-site and off- site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement. (8) The location of any residential structures which border the site on an adjoining lot and/or those within 200 feet of any property boundary line of the subject site. (9) The map, block and lot number of the subject parcel, as contained in the records of the Office of the Luzerne County Recorder of Deeds, along with a copy of the deed.
(10)A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township. (11)Site contours. (a) In cases when a proposed use includes new construction and/ or grading of the site, applicant shall provide upon the site plan the contours of the site at vertical intervals of: [1] Not more than five feet for land with an average natural slope of 5% or less. [2] Not more than 10 feet for land with an average natural slope exceeding 5%. [3] Not more than 20 feet for land with an average natural slope exceeding 15%. (b) Topography data shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official.S U .G.S. benchmarks. (12)If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne County Conservation District. (13)The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site. (14)The applicant shall supply any other information required by the Dallas Township Zoning Hearing Board for determining the
89:402 § 95-48 WATER § 95-49
conformance of the special exception use with the applicable regulations for that particular use.
§ 95-49. Impact analysis. In considering an application for a special exception, the Zoning Hearing Board shall have the authority to require the applicant to prepare an impact analysis on a particular aspect of the subject application and/or potential effect of the subject application in relationship to surrounding properties in accordance with the definition of said term as provided within Article II of this chapter.
89:403
§ 95-50 WATER § 95-52
ARTICLE VII Conditional Uses
§ 95-50. Purpose. The purpose of a use classified as a "conditional use" is to provide expressed standards to regulate uses classified as such in particular zoning districts, as provided in Article V of this chapter.
§ 95-51. General provisions. The authority for approving or denying applications for uses permitted as a conditional use shall be vested in the Dallas Township Board of Supervisors, with the Dallas Township Planning Commission having the authority to review and submit their recommendations to the Board of Supervisors. Any conditional use application and plans for a proposed PRD or a mobile home park shall also be submitted to Luzerne County Planning Commission for its review and comment. Decisions by the Board of Supervisors shall be made in accordance with standards and criteria set forth in this article, any studies and reports required within the context of an impact analysis, as so defined in Article II of this chapter, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and all applicable state and/or federal regulations.
§ 95-52. Procedure for submission and decisions. The procedure for approval or denial of a conditional use shall be in accordance with the following: A. Site plan. (1) An application for a conditional use permit, bearing the signature of both the applicant and property owner, shall be submitted to the Zoning Officer with a site plan at a scale of not greater than: one inch equals 50 feet for properties in excess of two acres; or one inch equals 20 feet for properties being two acres or less.
(2) Such plan shall, at minimum, indicate: (a) The location and size of all buildings and structures, both principal and accessory, both existing and proposed. (b) The location of all off-street parking areas and/or loading and unloading areas. (c) The location of all open space areas, including buffer areas and fencing, as applicable. (d) Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes, and aisle widths.
89:405 § 95-52 DALLAS CODE § 95-52
(e) All streets, both public and private within 200 feet of the site, including right-of-way and cartway widths. (f) Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within 200 feet of the site. (g) The location, nature and terms of any existing or proposed easements on the site, and any easements both on-site and off- site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement. (h) The location of any residential structures which border the site on an adjoining lot and/or those within 200 feet of any property boundary line of the subject site. (i) The map, block and lot number of the subject parcel, as contained in the records of the Office of the Luzerne County Recorder of Deeds. (j) A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township. (k) Site contours. [1] In cases when a proposed use includes new construction and/or grading of the site, applicant shall provide upon the site plan the contours of the site at vertical intervals of: [a] Not more than five feet for land with an average natural slope of 5% or less. [b] Not more than 10 feet for land with an average natural slope exceeding 5%. [c] Not more than 20 feet for land with an average natural slope exceeding 15%. [2] Topography data shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks. (l) If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne Conservation District. (m) The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects,
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features and/or activities related to the proposed uses or development of the site. (n) The applicant shall supply any other information required by the Dallas Township Board of Supervisors for determining the conformance of the conditional use with the regulations for that particular use. B. Prior to approving or denying an application for a conditional use, the Dallas Township Board of Supervisors shall conduct a public hearing pursuant to public notice. The Board of Supervisors shall submit the application for the proposed conditional use to the Dallas Township Planning Commission, not less than 30 days prior to the public hearing, to allow the Planning Commission to submit any such recommendations as they may deem appropriate. Any conditional use application and plans for a proposed PRD or a mobile home park shall also be submitted to Luzerne County Planning Commission for its review and comment. C. The public hearing shall be held and conducted in accordance with the same procedural guidelines, which govern the Zoning Hearing Board under Article XV of this chapter. The term "Board of Supervisors" shall replace the term "Zoning Hearing Board" in relevant passages of said article. D. The Board of Supervisors shall convene a hearing on a conditional use application within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. The sixty-day time period shall not commence until the applicant has submitted a properly completed application, with all required signatures and all required fees. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant in writing or on the record. E. Pending of decision. (1) The Board of Supervisors shall render a final decision on a conditional use application within 45 days following the conclusion of the last public hearing. If the Board of Supervisors fails to render a final decision within 45 days following the conclusion of the last public hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing of on the record to an extension of time. (2) If the Board of Supervisors fails to conduct or complete the required hearing as provided for under § 95-149D of this chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. (3) When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall
89:407 § 95-52 DALLAS CODE § 95-53
give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by public notice. If the Board of Supervisors fails to provide such notice, the applicant may do so. F. The Board of Supervisors may grant an approval for a conditional use upon its determination that adequate evidence and information has been provided which indicates the applicant's proposal meets the general and specific requirements for the type of conditional use in question, and any additional conditions and safeguards deemed necessary to protect the public health, safety and general welfare.
§ 95-53. General standards. The general standards contained herein shall be utilized in the review of applications and plans for any use which is classified as a conditional use. A. The proposed use shall not jeopardize the community development objectives of this chapter nor shall it adversely affect the health, safety and welfare of the public and/or the environment. B. Public services and facilities such as streets, sewage disposal, water, police and fire protection shall be adequate for the proposed use. C. Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion, and for providing for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions. D. The proposed use shall be compatible with the adjoining development and the character of the zoning district where it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof with the adjoining development and the character of the zoning district. E. The proposed use shall not substantially impair the value of other property in the neighborhood where it is proposed to be located.
F. The proposed use and/or development shall not be more objectionable in its operation in terms of noise, fumes, odors, vibration or lighting than would be the operations of any permitted use in the district. G. The proposed use and/or development shall not result in any adverse or negative impacts based upon the information required with submission of an environmental impact statement required under § 95-55 of this chapter and all subsections thereunder. H. The submission of any reports and/or studies within the context of the definition "impact analysis" as contained within Article II of this chapter must conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as defined by the Board of Supervisors, including but not limited to
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the interest of protecting the health, safety and welfare of the public and environmental features and characteristics of the site and/or surrounding areas.
§ 95-54. Classified conditional uses. [Amended 10-24-2011 by Ord. No. 2011-2] The following uses/developments are classified as conditional uses within Article V of this chapter: A. C-1 Conservation District. (1) Campgrounds and recreational vehicle parks. (2) Commercial communication tower and related facilities. (3) Excavation and extraction of minerals. (4) Golf courses. (5) Oil or gas pipelines. (6) Small wind energy conversion system. (7) Any nonresidential use permitted by right or by special exception, excluding agricultural uses, shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. B. A-1 Agricultural District. (1) Ancillary facilities of oil or gas development. (2) Excavation and extraction of minerals, excluding quarries, (as defined in Article II). (3) Commercial communication tower and related facilities. (4) Hydraulic fracturing water treatment facility. (5) Hydraulic fracturing water withdrawal facility. (6) Planned residential development. (7) Oil or gas pipelines. (8) Oil or gas well site. (9) Wind energy facility (as defined in Article II).
89:409 § 95-54 DALLAS CODE § 95-54
(10)Small wind energy conversion system. (11)Any nonresidential use permitted by right or by special exception, excluding agricultural uses, shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. C. R-1 Single-Family Residential. (1) Oil or gas pipelines. (2) Small wind energy conversion system.
(3) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. D. R-2 Multifamily Residential District. (1) Oil or gas pipelines. (2) Mobile home parks (homes on permanent foundations). (3) Small wind energy conversion system. (4) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. E. S-1 Suburban Residential District. (1) Oil or gas pipelines. (2) Small wind energy conversion system.
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(3) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. F. B-1 Neighborhood Business District. (1) Oil or gas pipelines. (2) Small wind energy conversion system. (3) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 15,000 square feet of buildings, structures and/or other impervious surface area. G. B-2 Highway Business District. (1) Oil or gas pipelines. (2) Shopping center. (3) Small wind energy conversion system. (4) Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 80,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 25,000 square feet of buildings, structures and/or other impervious surface area. H. I-1 Industrial District. (1) Automotive wrecking yards. (2) Bulk fuel storage. (3) Detention facility.
89:411 § 95-54 DALLAS CODE § 95-55
(4) Excavation and extraction of minerals, including quarry operations (as defined in Article II). (5) Heavy industrial uses (as defined in Article II). (6) Junkyards. (7) Methadone treatment facility. (8) Oil or gas pipelines. (9) Sewage treatment plants. (10)Sexually oriented business (as defined in Article II). (11)Small wind energy conversion system. (12)Solid waste facilities. (13)Staging areas. (14)Transfer stations. (15)Trucking facilities and terminals. (16)Any nonresidential use permitted by right or by special exception shall be deemed a conditional use if it involves either of the following: (a) The initial or cumulative earth disturbance activity which equals or exceeds 100,000 square feet of surface area. (b) The initial or cumulative construction, placement or installation which equals or exceeds 30,000 square feet of buildings, structures and/or other impervious surface area. (c) Any use which utilizes and/or stores any hazardous substances as so defined in Article II of this chapter. I. PRD Planned Residential Development District. (1) Oil or gas pipelines.
§ 95-55. Environmental impact statement. [Amended 10-24-2011 by Ord. No. 2011-2] In addition to all other requirements, an environmental impact statement shall be required for any use/development which is classified as a conditional use. The Board of Supervisors, at its sole discretion, may exempt a use from the submission of an environmental impact statement, in whole or in part. Consideration of an exemption must be preceded by a written request submitted by the applicant which addresses the basis for the requested exemption. The purpose of the environmental impact statement is to identify, disclose and discuss all potential environmental consequences that are in any way related to the proposed activity/use or are reasonably
89:412 § 95-55 WATER § 95-55 foreseeable and related to the proposed activity/use. This requirement is designed to protect the natural and man-made or human environment with respect to water quality, water supply, soil erosion, pollution of any kind, flooding and waste disposal. The intent is also to preserve trees and vegetation, to protect watercourses, wetlands, water resources, aquifers, air quality and the quality of life throughout Dallas Township and its environs. An environmental impact statement shall require a site plan which illustrates the applicable information for subjects addressed in Subsection A through and including M and/or a written response as applicable for said proposed use/development which is classified as a conditional use. Said proposed use/development shall further comply with all other applicable standards and requirements of this chapter. A. Soil types. (1) U.S.D.A. soil types (illustrated upon map). (2) Permeability of soil on the site. (3) Rate of percolation of water through the soil for every five acres. B. Surface waters. (1) Distance of site from the nearest surface water and head waters of streams. (2) Sources of runoff water. (3) Rate of runoff from the site. (4) Destination of runoff water and method of controlling downstream effects. (5) Chemical additives to runoff water on the site. (6) Submission of a soils erosion and sedimentation control plan meeting the requirements of the Luzerne Conservation District. (7) A stormwater management plan which shall be developed in coordination with the soils erosion and sedimentation plan. C. Ground cover including trees. (1) Extent of existing impervious ground cover on the site. (2) Extent of proposed impervious ground cover on the site. (3) Extent of existing vegetative cover on the site. (4) Extent of proposed vegetative cover on the site. D. Topography. (1) Maximum existing elevation of site. (2) Minimum existing elevation of site. 89:413 § 95-55 DALLAS CODE § 95-55
(3) Maximum proposed elevation of site. (4) Minimum proposed elevation of site. (5) Description of the topography of the site and all proposed changes in topography. E. Groundwater. (1) Average depth to seasonal high water table. (2) Minimum depth to water table on site. (3) Maximum depth to water table on site. F. Water supply. (1) The source and adequacy of water to be provided to the site. (2) The projected water requirements (G.P.D.) for the site. (3) The uses to which the water will be put. G. Sewage system. (1) Sewage disposal system (description and location on the site of system). (2) Expected content of sewage effluents (human waste, pesticides, detergents, oils, heavy metals, and other chemicals). (3) Projected daily volumes of sewage. (4) Affected sewage treatment plant's present capacity and design capacity. H. Solid waste. (1) Estimated quantity of solid waste to be developed and/or processed on the site during and after construction. (2) Method of disposal and/or processing of solid waste during and after construction. (3) Plans for recycling of solid waste during and after construction. I. Air quality. (1) Expected changes in air quality due to activities at the site during and after construction. (2) Plans for control of emissions affecting air quality. J. Noise. (1) Noise levels, above existing levels, anticipated to be generated at the site (source and magnitude), during and after construction.
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(2) Proposed method for control of additional noise on site during and after construction. K. Impact of proposed use/development. A description of the impacts on the environment and mitigating factors shall be provided for the following: (1) Existing plant species (upland and marine) and effects thereon. (2) Existing animal species and effects thereon. (3) Existing wild fowl and other birds and effects thereon. (4) Effects of drainage and runoff. (5) Effects on groundwater quality. (6) Effects on surface water quality. (7) Effects on air quality. (8) Alternatives to proposed use/development consistent with the zoning of the site. (9) Projected amount and type of traffic to be generated and the effects of the same on public roads and highways. L. Impact upon critical areas. The applicant shall define, describe and identify upon a map critical areas as defined in Article II of this chapter. A statement of any potential impact upon critical areas shall be provided by the applicant, including but not limited to adverse impacts which cannot be avoided and/or mitigated as a resulting effect of the development. M. Other governmental jurisdiction. A list of all licenses, permits and other approvals required by county, state or federal law and the status of each. N. Review procedure of environmental impact statement. (1) Upon receipt of an environmental impact statement, the Board of Supervisors shall promptly forward the environmental impact statement to the Township Planning Commission, the Township Planning Consultant, the Township Engineer and any other agency, firm or individual which the Board of Supervisors may desire for their consultation and input. (2) The Planning Commission shall review the applicant's environmental impact statement and provide the Board of Supervisors with its comments and recommendations within 30 days from the date of its submission to the Planning Commission.
89:415 § 95-55 DALLAS CODE § 95-56
(3) The Board of Supervisors shall have the discretion to retain the expertise of appropriate parties in their review of the environmental impact statement. (4) A determination by the Board of Supervisors of a potential adverse environmental impact which may result and cannot be fully mitigated by the applicant shall constitute sufficient basis for the denial of a conditional use permit. O. Mitigation of adverse impacts. In the event that any information, data, and/or impact analysis indicate a projected and/or potential adverse impact, the applicant shall fully mitigate such impact. A determination of a potential adverse impact which may result and cannot be fully mitigated by the applicant shall constitute sufficient basis for the denial of a conditional use permit.
§ 95-56. through § 95-68. (Reserved)105
105.Editor’s Note: Former § 95-56, Solid waste facility, § 95-57, Excavation and extraction of minerals, including quarries, § 95-58, Wind energy facility, § 95-59, Small wind energy conversion system, § 95-60, Junkyards and automotive wrecking yards, § 95-61, Sexually oriented business, § 95-62, Methadone Treatment facility, § 95-63, Commercial communication tower, § 95-65, Mobile home parks, § 95-66, Trucking facilities, § 95-67, Campgrounds and recreational vehicle parks, and § 95-68, Detention facilities, were repealed 10-24-2011 by Ord. No. 2011-2. Former § 95-64, Bulk fuel storage, was superseded 10-24-2011 by Ord. No. 2011-2. For current provisions, see Art. VIII. 89:416 § 95-69 WATER § 95-70
ARTICLE VIII Supplemental Regulations [Amended 10-24-2011 by Ord. No. 2011-2]
§ 95-69. Purpose and intent. Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and/or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.
§ 95-70. Use regulations. A. Use regulations established. (1) Animal hospital. An animal hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building. No animal hospital shall be located less than 100 feet from any property line. (2) Animal kennels. Animal kennels in which animals are kept, boarded or trained may be either enclosed buildings or a combination of buildings and open runways. If all activities are maintained within a completely enclosed building, no objectionable odors shall be vented outside the building. If open runways are used, the building and runways shall be located not less than 100 feet from all property lines. Where the property abuts a district having residences as a principal permitted use, the building and runways shall be not less than 200 feet from such property lines. (3) Automobile-related activities. (a) Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Said buildings shall be equipped with oil containment facilities/equipment which shall prohibit any oil from being discharged upon the ground or into streams, aquifers and/or the environment. Refuse and/or waste oil shall be removed from the site with disposal required in accordance with governing standards of the Pennsylvania Department of Environmental Protection. Only vehicles to be repaired on the premises or picked up by the vehicles' owner may be stored in the yard area. Where the operation abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive repair facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded
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by a solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. (b) Automotive sales. Where the operation of an automotive sales use abuts on the side or rear property line of any district having residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the automotive sales facility from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. (c) Gasoline service stations (also includes convenience stores with gasoline sales). When a service station abuts on the rear or side lot line on the side or rear property line of any district with residences as a principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the gasoline service station from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. When a service station occupies a corner lot, the access driveways shall be located at least 60 feet from the intersection of the front and side street lines of the lot. All access driveways shall not exceed 25 feet in width. Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than 20 feet from the right-of-way line of the adjoining road. All repairs, service, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties. (d) Car wash. Appropriate drainage facilities for washing activities shall be provided. The facility shall be designed with a water reclamation system. The site shall be sufficiently large to accommodate three cars per stall waiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or solid opaque fencing eight feet
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in height and well maintained along such boundary. Outdoor trash dumpsters shall be concealed within an area by solid opaque fencing, not less than six feet in height. Outdoor lighting shall be directed away from adjacent properties. (4) Banks. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Access driveways shall be no more than 25 feet in width. Canopies over drive-through areas shall meet all yard setback requirements. (5) Bed-and-breakfast. A bed-and-breakfast shall be within an owner- occupied dwelling containing not more than three bed-and- breakfast units which are rented on a nightly basis for periods of normally not more than a week. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Breakfast shall be the only meal served. Two off-street parking spaces shall be provided for each rental unit. (6) Boarding/rooming house. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein. (7) Bulk fuel storage. Bulk fuel storage shall be located on a tract of land not less than five acres. Storage tanks shall be located not less than 100 feet from any property line and shall be not less than 500 feet from any dwelling, school, church or similar use. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located 250 feet from all property lines. The tank storage area shall be fenced with an eight-foot high industrial gauge fence. If the storage property abuts on the side or rear property line containing a residence, the fence shall be screened from view by a dense growth of evergreens at least five feet in height at the time of planting. Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations. (8) Campgrounds and recreational vehicle parks. The following design standards shall apply to the above uses: (a) Campgrounds and recreational vehicle parks shall require a minimum lot size of not less than 20 acres. (b) The spaces or campsites shall be not less than 35 feet wide or less than 2,400 square feet in area for each vehicle, exclusive of streets and other public areas. The density of the park shall not exceed eight spaces/campsites per acre.
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(c) Campgrounds and/or recreational vehicle parks must meet all Department of Environmental Protection specifications in regard to toilet facilities, sewage dumping facilities and water facilities. (d) No campsite shall be located within 200 feet of any property line. (e) No permanent structure shall be located within 100 feet of any property line. (f) There shall be one or more recreation areas which shall be easily accessible to all park residents. The size of such recreation area shall be based upon a minimum of 200 square feet per each approved campsite or lot. (9) Cemeteries. The property shall not be less than 10 acres. A structure, grave or place of permanent burial shall be set back not less than 50 feet from the property line. The cemetery shall be enclosed along all boundaries by a fence, wall or shrubbery, or any combination thereof, at least four feet in height. The interior roads shall have a minimum width of 15 feet and shall be properly maintained with either gravel or paving. (10)Club/private lodge. Buildings utilized for such purposes shall not be less than 40 feet from any property line. Where the use abuts on the rear or side lot line of any district with residences as the principal permitted use, a solid wall or solid opaque fencing not less than six feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. (11)Commercial communication tower. (a) Structural integrity and safety. [1] A commercial antenna and support structure for a wireless commercial communication site shall be designed and constructed to meet or exceed all applicable standards of the American National Standards Institute, NSI/EPA-222-E Manual, as amended, and also to Federal Aviation Administration standards for marking and lighting requirements of obstructions to air navigation as set within the most recent edition of Advisory Circular AC 70/ 7460-1H, including any amendments thereto. [2] A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to document and verify the
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design specifications of the foundation for the commercial antenna and support structure, and anchors for the guy wires, if used. [3] The operational use of a commercial antenna, as so defined within this Ordinance, including those mounted upon a support structure or to an existing structure, shall comply with all applicable rules and regulations of the Federal Communications Commission and the Federal Aviation Administration. [4] The applicant or owner of a commercial antenna and support structure shall provide a design certificate and an operational certificate, prepared by a professional engineer, which certifies compliance with the standards addressed in the above Subsection A(11)(a)[1], [2] and [3]. The design certificate shall be submitted with the zoning application for the proposed commercial antenna and support structure. The operational certificate shall include as-built drawings and written certification from the applicant's professional engineer that all applicable regulations have been met. (b) Height and setback requirements. [1] A commercial antenna, when mounted upon an existing structure, including an existing building, shall not exceed the height of the existing structure by more than eight feet. [2] A commercial antenna and support structure shall be set back from any property line to a distance that is not less than 150% of the height of the antenna and support structure as measured in linear feet. [3] Any building utilized as a component of a commercial enterprise in the collection and/or transmission of telecommunication signals, radio signals, television signals, wireless phone signals or similar signals shall be completely enclosed by a fence eight feet in height, with such building meeting the setback requirements for the zoning district in which it is located. [4] The applicant shall demonstrate, using technological evidence, that the commercial antenna and support structure must be located where it is being proposed and that it represents the minimum height required to function satisfactorily. [5] A commercial antenna and support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the
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balance of the capacity at reasonable rates. When a new antenna and support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted. [6] All commercial antennas that equal or exceed 100 feet in height shall be designed and equipped with warning lights approved by the Federal Aviation Administration. [7] Up to the height of the tallest nearby trees, the commercial antenna and support structure shall be a brownish color, whether painted brown or caused by oxidation or otherwise, to lessen its visual impact. Above that height, it shall be designed in both color and structural configuration to be camouflaged with surrounding trees and vegetation in a manner that will minimize its visual impact. [8] A commercial antenna and support structure or an antenna mounted upon an existing structure shall be removed by the owner of the same within six months of the discontinuance of its use. The owner shall provide Dallas Township with a copy of the notice to the Federal Communications Commission of intent to cease operations. The six-month period for the removal of the antenna and support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations. (c) Site plans. [1] A site plan in conformance with the governing standards of the Dallas Township Subdivision and Land Development Ordinance,106 as amended, shall also be required when the location of a freestanding commercial antenna and support structure represents a described parcel of land subject to a lease within an existing deed of record. [2] A new site plan shall not be required when a proposed antenna is to be located on an existing freestanding commercial antenna support structure or a public utility transmission tower. (d) Supplemental standards and criteria. [1] The applicant shall demonstrate that the proposed commercial antenna and support structure comply with all applicable state and federal standards.
106.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:422 § 95-70 WATER § 95-70
[2] The applicant shall demonstrate that the proposed commercial antenna and its support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris. [3] All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. [4] A commercial antenna and support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna and support structure are proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted. [5] The commercial antenna and support structure shall be a brownish color (whether painted brown or caused by oxidation or otherwise to lessen its visual impact) up to the height of the tallest nearby trees. Above that height, it shall be painted silver or another color that will minimize its visual impact. (e) Decommissioning and restoration requirements. [1] A commercial communication tower shall be removed from the site upon its cessation of use. The applicant shall include the following information regarding decommissioning and removal of the commercial communications tower and restoring the site: [a] The anticipated and/or estimated life of the project; [b] The estimated decommissioning costs in current dollars; [c] The method and schedule for updating the costs of decommissioning and restoration; [d] The method of ensuring that funds will be available for decommissioning and restoration; and [e] The anticipated manner in which the project will be decommissioned and the site restored. [2] The Board of Supervisors shall require the applicant to provide an appropriate and adequate demolition bond for purposes of removing the commercial communications tower in case the applicant fails to do so as required above. Proof of this bond shall be provided each year and shall be a continuing condition for the life of the project.
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[3] The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determine that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report. (12)Contractors' storage yards. Commercial or industrial uses utilizing outdoor storage space of more than 1,000 square feet shall be located on a tract of land not less than two acres. Supplies stored outdoors shall be neatly arranged, and no required yard setback areas shall be used for storage. There shall be a roadway 14 feet in width provided for every 40 linear 40 feet of stored materials. The roadway shall be kept passable for fire-fighting equipment. Where the operation abuts on the rear or side lot line on the side or rear property line of any district having residences as the principal permitted use, a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the outdoor storage areas from adjoining properties, shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. (13)Day-care facilities. All day-care facilities shall comply with the following: (a) The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth. (b) Noise and all other possible disturbing aspects connected with such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area. (c) All day-care facilities shall have an outdoor play area which shall be completely enclosed with a fence six feet in height. Outdoor play activities shall be limited to the hours between 10:00 a.m. and 5:00 p.m., local time. The minimum area of said play area shall be 300 square feet or 10 square feet per child, whichever is greater. (d) The applicant shall supply evidence that vehicular traffic congestion will be avoided in pickup and dropoff points utilized in transporting individuals to and from the facility.
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(14)Detention facility. The following design standards shall apply to any type of institution which meets the definition of a "detention facility" as defined in Article II: (a) A detention facility shall require a minimum lot size of not less than 25 acres. (b) All buildings and secure areas shall not be less than 500 feet from any property line. (15)Dwelling over or attached to a business. A dwelling unit over or attached to business establishments may be permitted, provided that such dwelling is occupied by the owner or manager of such business. Said dwelling unit shall be designed as living quarters with private access, having adequate natural light and kitchen and bathroom facilities. The required off-street parking shall include residence parking spaces in addition to commercial parking spaces as required by Article XI. (16)Entertainment facilities. Entertainment facilities as defined in Article II of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 50 feet from any boundary of a district having residences as a principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure. (17)Excavation and extraction of minerals, including quarries. Excavation and extraction of minerals, as defined in Article II, shall be considered a temporary use, subject to the following requirements: (a) Project narrative. A written report shall be submitted by the applicant that includes the type of minerals proposed to be excavated, extracted, and/or removed from the site, the volume of such material and the maximum length of time associated with the proposed operation based upon the stated volume of material. Said narrative shall also describe normal, daily operational features performed upon the site, including, but not limited to, proposed hours of operation, anticipated noise levels, and the type and volume of truck traffic to be generated with the proposed traffic routes to and from the site. (b) Map. Submission of a map or maps at a scale of not greater than one inch equals 50 feet that outlines the entire property and the proposed area subject to excavation, extraction, and/or removal of minerals. Said map shall indicate existing contours prior to the start of work, and proposed final contours, including the proposed maximum depth of excavation at all points subject to excavation. Said map or maps shall also contain surface features showing the location of buildings, 89:425 § 95-70 DALLAS CODE § 95-70
dwellings, places of worship, schools, railroads, highways and public uses within a distance of 500 feet from the perimeter of the proposed use. (c) Bond, backfilling and fees. The applicant shall provide documentation that all applicable state requirements relative to providing a bond that guarantees the restoration and backfilling of any land proposed to be excavated or otherwise disturbed has been secured. (d) Insurance. A certificate of insurance evidencing that the quarry operator has general liability insurance with limits of $500,000 per accident and $1,000,000 in the aggregate for bodily injury and personal injuries, and $1,000,000 per accident and in the aggregate for property damage, shall be filed with the Board of Supervisors; which certificate shall indicate that Dallas Township is listed as an additional insured on the aforementioned policy for losses arising out of the named insured's operations at the quarry. (e) Distance provisions. The perimeter of any excavation under this section shall not be nearer than 1,000 feet from any building, property line or street, except that owned by the applicant. (f) Timing. [1] If blasting is proposed to be included as part of the excavation/extraction process, such approval must be specifically granted by the Dallas Township Board of Supervisors as an element of the conditional use approval. Blasting, if permitted by the Township Board of Supervisors, shall occur only between the hours of 9:00 a.m. and 4:00 p.m., local time, excluding Saturdays, Sundays and the following holidays: January 1 Memorial Day July 4 Labor Day Thanksgiving Christmas
[2] All blasting shall be in accordance with regulations promulgated by the Pennsylvania Department of Environmental Protection. The applicant shall provide the Township with not less than a 72 hours' advance notice. (g) Location of processing equipment. To reduce airborne dust, dirt and noise, all structures for sorting, crushing, grinding,
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loading, weighing, washing and other operations shall be not less than 1,000 feet from the right-of-way of any street and/or 1,000 feet from any residential building or the boundary of a residential zoning district. (h) Drainage. All excavations, both during operations and after completion, shall be drained to prevent the formation of pools of water. Adequate measures shall be documented and approved as part of the application process. Said measures shall be implemented prior to any excavation operation. (i) Limitation on land area. At any given time, the active excavation/extraction areas shall not exceed 10 acres in area on any lot or tract of land. Additional areas may be approved on the completion and cessation of previous approvals. (j) Compliance with state requirements. Final and/or unconditional approval for excavation, extraction and/or minerals under the provisions of this chapter shall not be issued until the applicant documents that all required licenses and/or permits have been properly secured from the applicable state and/or federal agencies, including but not limited to the Pennsylvania Department of Environmental Protection. (18)Forestry activities (timber harvesting). (a) In order to preserve forests and the environmental and economic benefits that they provide, it is the policy of Dallas Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long- term production of timber, recreation, wildlife, historical and amenity values. The timber-harvesting regulations set forth in this section are intended to further this policy by: [1] Promoting good forest stewardship; [2] Protecting the rights of adjoining property owners; [3] Minimizing the potential for adverse environmental impacts; [4] Preserving historical and environmentally sensitive areas; and [5] Avoiding unreasonable and unnecessary restrictions on the right to practice forestry. (b) Forestry activities that include timbering operations that exceed five acres shall be conducted in accordance with the following requirements: [1] A zoning permit application shall be submitted to the Dallas Township Zoning Officer prior to harvesting or
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otherwise removing trees on any tract of land larger than five acres; [2] Prior to the start of operations, a forestry management plan shall be prepared and filed with the submission of the zoning permit application. Said plan shall be prepared by a qualified forester or forest technician, with a four-year degree from an accredited college; [3] The forestry management plan shall be consistent with the timber-harvesting guidelines of the Pennsylvania Forestry Association; [4] Prior to the approval of the zoning permit application, an erosion and sediment control plan shall be submitted by the applicant to the Luzerne County Conservation District for its review, recommendation and approval;
[5] Clear cutting shall be prohibited except on tracts of less than five acres; [6] When harvesting or otherwise removing on tracts larger than five acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of highest value species as determined and documented by the forestry management plan; [7] Clear cutting is prohibited on acres with slopes greater than 15% or within the one-hundred-year floodway. (19)Funeral home. Funeral homes shall accommodate all of the parking areas required as provided in Article XI of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six feet in height. Outside lighting shall be directed away from adjacent properties. (20)Group residence. Any party wishing to establish and/or operate a group residence, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements: (a) The maximum occupancy of a group residence shall not exceed eight persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing
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code standards by the governing code as provided for under the Pennsylvania Uniform Construction Code. (b) The group residence shall be under the jurisdictional and regulatory control of a governmental entity (county, state and/ or federal). (c) The applicant and/or operator of a group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program. (d) The applicable requirements and standards which govern off- street parking for a single-family dwelling shall also govern for a group residence, however two additional off-street parking spaces shall be provided if there is any required staffing associated with the management and operation of a group residence. (21)Home occupations. A home occupation which is conducted within a dwelling unit or an existing accessory building to the dwelling shall be subject to the following provisions: (a) The occupation shall be carried on wholly indoors within the principal building or within a building accessory thereto. (b) There shall be permitted a sign, not to exceed two square feet in surface area, placed flat against the building as a wall sign, and shall not be permitted above the first story level. No other exterior display or exterior storage of materials or any other exterior indication of the home occupation shall be permitted. (c) There shall be no maintenance of a stock-in-trade or show windows or displays or advertising visible outside the premises. (d) There shall be no repetitive servicing by truck. (e) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. (f) The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than two additional employees. Licensed medical practitioners and attorneys may have more than two additional employees, subject to approval by the Zoning Hearing Board. (g) The floor area devoted to a home occupation, regardless of where located on a lot, shall be equivalent to not more than 25% of the floor area of the dwelling unit.
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(h) Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit: [1] Four spaces for each physician, dentist, or other licensed medical practitioner. [2] Three spaces for all other home occupations. (22)Industrial activities. In addition to the applicable requirements of this chapter, all industrial activities and uses permitted by right, special exception and/or conditional use shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agency. All industries are required to supply the Township Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans. (23)Junkyards and/or automotive wrecking yards. All new junkyards and automotive wrecking yards, or the proposed expansion of an existing junkyard and automotive wrecking yard, shall comply with the following: (a) Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin. (b) Burning of any materials shall be prohibited. (c) No oil, grease, tires or gasoline shall be burned at any time. (d) No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises. (e) Whenever any motor vehicle shall be received on such premises as junk, all gasoline, oil, antifreeze, transmission fluid and/or other toxic fluid or hazardous material shall be drained and/or removed from said vehicles and disposed of in a manner consistent with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.
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(f) The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds. (g) The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A stormwater drainage plan shall be required. (h) There shall be no stockpiling of motor vehicles or any junk piled higher than four feet. (i) Fire lanes of a minimum width of 20 feet shall be provided for every 40 linear feet of junk, which shall be kept open and unobstructed for proper access for fire-fighting equipment and safety purposes. (j) Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street. (k) All junkyards shall be completely screened from view on all sides by a buffer area as so defined in Article II of this chapter. The required fence shall be not closer than 10 feet to any property line. (l) Every structure erected upon the premises and used in connection therewith shall be of fireproof construction. (m) All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin. (n) Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday, through Saturday from 8:00 a.m. to 4:00 p.m., local time. (24)Methadone treatment facility. (a) A methadone treatment facility shall be located upon a lot having an area of not less than 30,000 square feet, applicable for either new construction or for adaptive reuse of an existing structure. (b) Any proposed methadone treatment facility shall include with its submission of a zoning permit application, an operational narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, an MD or a DO, shall be on duty at the facility during the methadone treatment facility's hours of operation.
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(c) Prior to occupancy, any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable Township, county, state and federal regulations. (d) Any methadone treatment facility with direct access and/or frontage along a state legislative route shall include with its submission of a zoning permit application, a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall address the following: [1] The number of vehicle trips expected to be generated during an average weekday, including both a.m. and p.m. peak hours of adjacent street traffic. [2] The number and types of vehicles, with an origin or destination at the subject site, the need for which is generated by said use. [3] The routes, roadways or streets to reach the methadone treatment facility. [4] The impact of the levels of service at intersections within 1/2 mile of said methadone treatment facility. [5] Recommended traffic control devices designed to mitigate any documented adverse impact on adjacent roadways. (e) Required off-street parking: 12 spaces for every doctor, licensed medical practitioner, and/or counselor employed at the facility and one additional space for every 100 square feet of gross floor area. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan. (25)Mobile home parks. The standards and regulations provided herein shall apply to both the development of new mobile home parks and the expansion of existing ones. The development of a mobile home park, including the expansion of an existing one, shall also be deemed as a subdivision or land development and shall be subject to applicable regulations of the Township's Subdivision and Land Development Ordinance.107 Customary accessory residential uses shall be permitted, along with common areas for use by residents of the mobile home park. (26)Motels and hotels. Motel and hotel uses shall require a minimum lot size of not less than three acres with a lot width of not less than 200 feet.
107.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:432 § 95-70 WATER § 95-70
(a) The hotel/motel shall be serviced by centralized sewage and centralized water. (b) There shall be more than 10 sleeping rooms. (c) Fifty percent or more of the gross floor area shall be devoted to sleeping rooms. (d) There may be club rooms, ballrooms, and common dining facilities. (e) In the case of a corner lot, access drives shall be not less than 80 feet from the intersection of any two streets as measured from the intersection of their right-of-way lines. (27)No-impact home-based business. A no-impact home-based business, as defined in Article II of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business: (a) The business activity shall be compatible with the residential use of the property and surrounding residential uses. (b) The business shall employ no employees other than the family members residing in the dwelling. (c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature. (d) There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights. (e) The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood. (f) The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood. (g) The business activity shall not occupy more than 25% of the habitable floor area. (h) The business shall not involve any illegal activity. (28)Outdoor fuel-burning furnace. An outdoor fuel-burning furnace shall be deemed to be an accessory structure permitted in all
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zoning districts, as a special exception use, thereby requiring approval from the Zoning Hearing Board. Said furnaces shall only be located within a rear yard of a property. An outdoor fuel-burning furnace shall comply with the following standards: (a) A safe flue or chimney shall be provided which has a minimum termination height of 25 feet above the natural ground level upon which the furnace is located. (b) A fan or blower attached to the appliance to increase the efficiency of the furnace. (c) An outdoor fuel-burning furnace shall be located not less than 100 feet from any property line and not less than 40 feet from any principal structure or building located upon the property. (d) All outdoor fuel-burning furnaces are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference, together with any amendments or modifications made to them in the future. (e) All outdoor fuel-burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply. (f) The owner of the outdoor fuel-burning furnace shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section. (g) All outdoor fuel-burning furnaces may only be utilized for the sole purpose of furnishing heat to a structure or building and/ or providing hot water during the time period of October 1 through April 30, and subject to meeting the requirements of this section. (h) No homemade outdoor fuel-burning appliances will be allowed. (i) Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and nonwood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing permitted by the manufacturer is prohibited.
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(j) All storage of materials to be burnt in the outdoor fuel-burning furnace shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease- carrying rodents. (k) Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash. (29)Place of worship. A parking area shall accommodate all parking spaces as required in Article XI of this chapter. Access driveways shall be not greater than 25 feet in width. In the case of a corner lot, access driveways shall be not less than 60 feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines. (30)Public recreational facilities (outdoors). All such facilities shall conform to the following regulations: (a) No outdoor recreation activity, excluding trails and nature paths, shall be conducted closer than 35 feet to any property line. (b) Storm drainage from the site shall be channeled to natural drainagecourses and away from adjoining properties. (31)Public uses. (a) Municipal, police and fire buildings. Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being not less than six feet in height along with a planting of shrubbery or evergreen trees shall be provided. (32)Public utility buildings and structures. Public utility facilities as defined in Article II shall conform to the following regulations for properties containing such uses: (a) Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities. (b) A chain-link fence and locked gate eight feet in height shall surround the building or structures of such facilities. (c) Outside lighting shall be directed away from adjacent properties. (d) The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.
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(e) A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required. (33)Restaurants and taverns. Access drives shall not exceed 25 feet in width and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. (34)Restaurant, fast-food. Access drives shall not exceed 25 feet in width, and for those establishments located on a corner lot, no access drive shall be located less than 60 feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. To avoid internal traffic congestion, the site layout shall provide a minimum queuing distance of 150 feet for vehicles between start of lane and service window and a minimum queuing distance of 50 feet from start of lane to order. (35)Riparian buffer. In all zoning districts, a minimum setback of 100 feet from any natural watercourse (as defined in Article II) shall be required for any form of development and/or improvements. (36)Sexually oriented business. As used in this section, the following terms shall have the meanings indicated: MASSAGE PARLOR — An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. SEXUALLY ORIENTED BOOKSTORE — An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual
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representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. SEXUALLY ORIENTED ENTERTAINMENT — A nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. SPECIFIED ANATOMICAL AREAS — As used above within the definitions of "sexually oriented bookstore" and "sexually oriented entertainment" means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES — As used above within the definitions of "sexually oriented bookstore" and "sexually oriented entertainment" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth as a "sexually oriented business." (37)Single residential structures containing multifamily dwelling units. Such structures shall contain a lot area of not less than 2,500 square feet for each dwelling. A minimum lot width of not less than 100 feet shall be required. Each side yard shall have a setback of not less than 15 feet. (38)Small wind energy conversion system (small WECS). (a) Design and installation. [1] Design safety certification. The design of a small WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
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[2] All components of a small WECS shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code Uniform Building Code. [3] Controls and brakes. A small WECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection. [4] Electrical components. [a] All electrical components of a small WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards. [b] The maximum turbine power output shall be limited to 10 KW. [c] All on-site electrical wiring associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. [d] A small WECS shall not cause disruption of or loss of radio, telephone, television or similar signals, and shall be required to mitigate any harm caused by the operation of the system. [e] At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, or generator where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. [f] Anchor points for any guy wires for a small WECS shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground. (b) Visual appearance.
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[1] A visual analysis of a small WECS as intended to be installed shall be provided with conditional use. The visual analysis shall include a computerized photographic simulation demonstrating the visual impacts from nearby strategic vantage points. [2] Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. [3] A small WECS's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption. [4] A small WECS shall be designed and located in such a manner as to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system: [a] Shall not project above the top of ridgelines. [b] Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas. (c) Lot size, setback and height requirements. [1] A small WECS shall be located on a lot with a minimum size of not less than one acre. [2] The maximum turbine height for a small WECS shall be as follows: [a] Sixty-five feet or less on parcels between one and five acres. [b] Eighty feet or less on parcels of five or more acres. [3] Setback requirements. A small WECS shall not be located closer to a property line than 2.5 times the turbine height as measured from the center of the base and/or concrete pad to which it is attached. [4] Only one small WECS per legal lot shall be allowed. (d) Climb prevention/locks. [1] Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
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[a] Tower-climbing apparatus located no closer than 15 feet from the ground. [b] A locked anti-climb device installed on the tower. [2] A locked, protective fence at least six feet in height shall enclose the tower and electrical equipment to prevent entry by nonauthorized persons. (e) Noise and shadow flicker. [1] Audible sound from a small WECS shall not exceed 50 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from the operations of a small WECS shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled "Procedures for the Measurement and Reporting of the Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier." [2] Reasonable efforts shall be made to preclude shadow flicker to any occupied building on a nonparticipating landowner's property. (f) Abandonment. A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. (39)Solid waste facility. A solid waste facility shall conclusively demonstrate conformance to all of the following items: (a) The applicant shall provide a comprehensive soil analysis and groundwater report which shall conclusively demonstrate that the proposed design, construction and operation of the solid waste facility shall not pollute surface water or groundwater, nor otherwise cause any potential health or environmental hazard. Said report shall be jointly signed and certified by the applicant and the consultant who prepares the report, attesting to the accuracy of information and the validity of said report. (b) The applicant shall sign an agreement prepared by the Township Solicitor, prior to final approval of the application for a conditional use permit, which shall specify all the terms and conditions of approval, including the Township's authority to revoke the permit for the violation of any terms and/or conditions under which the application was approved. Prior to formal action to revoke the conditional use permit, the Board of Supervisors shall convene a public hearing, pursuant to
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public notice, to consider testimony and evidence relative to the alleged violations. Based upon the testimony and evidence provided, the Board of Supervisors shall render a decision. (c) The land area and/or parcel of land on which the solid waste facility is located shall not exceed 25 acres, whether developed initially or cumulatively. (d) The applicant of a proposed solid waste facility shall provide conclusive evidence, based upon a mining report, soil analysis, test borings and any other appropriate technical data which conclusively demonstrates that the subsurface conditions beneath any area to be utilized as a landfill is capable of sustaining the bearing load of projected and/or planned quantity of material to be deposited and/or disposed of upon the site. The applicant and the person, party or firm providing such evidence shall jointly sign and certify the accuracy and validity of the information and data which is provided as conclusive evidence. (e) Any application for a conditional use permit for a solid waste facility, which includes the operation of a landfill, shall include a proposed reuse of the property and/or area utilized as a landfill upon the cessation of landfill activities. The proposed reuse of the property shall not be inconsistent with the community development objectives of this chapter and land uses, existing and planned, on property which adjoins the site of the facility. (f) The applicant shall be required to create an escrow fund to finance the proposed and planned reuse and development of any area utilized as a landfill based upon the projected life expectancy of any area within the solid waste facility which is utilized as a landfill. Such fund shall be funded while the property is still being used for a landfill with annual increment payments. The annual increment payment shall be based upon the estimated cost of the proposed reuse of the site divided by the number of years which the landfill is expected to operate. Such fund shall be separate and distinct from any funding and/ or bonding requirement pursuant to closure activities. (g) A solid waste facility may conduct and operate all approved functional aspects within the facility from the hours of 7:00 a.m. to 4:00 p.m. from Monday through Friday. Said facility shall not conduct and/or operate any approved functional aspects associated with the facility on Saturdays, Sundays and all legally recognized holidays by the federal government and/ or the Commonwealth of Pennsylvania. (h) The entire site of a solid waste facility shall be enclosed with industrial type gauge fencing which shall be 10 feet in height.
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All gates shall be closed and locked at the end of business hours. There shall be no advertising of any kind displayed upon the fence. (i) No operations and/or activities permitted within a solid waste facility shall be permitted within 1,000 feet of any property line boundary. (j) All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, trucks, trailers or other containers normally used to transport the materials shall not be permitted unless the aforesaid motor vehicles, trucks, trailers or other containers shall be stored within a completely enclosed building. (k) A solid waste facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in treating and/or processing the solid waste. Any water discharged from the facility after being treated by the wastewater treatment system shall meet all applicable regulations and requirements of the Pennsylvania Department of Environmental Protection. (l) All stormwater collected on the site shall be treated by the facility's wastewater treatment system. Parking of motor vehicles containing solid waste or motor vehicles which have not been properly cleaned and washed shall only be permitted in completely enclosed buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided. (m) The owner and/or operator of any solid waste facility shall be required to monitor the groundwater and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream within 500 feet of any areas used for the storage or disposal of solid waste, if water drainage from the facility is discharged into said stream. For each testing period two testing samples shall be collected: one sample shall be taken from the stream at a point upstream of the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well location, if applicable, located on the premises shall also be sampled every three months. All water samples shall be collected and analyzed by an independent party which is a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Board of Supervisors, and the results shall be provided to the Township. If said samples exceed the limits established by
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the Pennsylvania Department of Environmental Protection, the facility shall immediately cease operation until such time as the source of the contamination has been identified and totally corrected. (n) (Reserved) (o) The area or areas upon which any permitted operations and/ or activities within a solid waste facility are conducted shall be entirely screened. Such screening shall consist of a variety of evergreen trees, approved by the Board of Supervisors, planted not more than six feet apart and being not less than eight feet in height at the time of planting. Said screening shall be located not greater than 300 feet from the operations and/ or activities which are subject to being screened. The applicant and/or operator of the facility shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die or otherwise fail to grow. (p) The applicant shall provide a detailed narrative which fully describes the daily operations of all permitted functions and activities within the proposed solid waste facility, including the projected daily volume and tonnage of refuse being accepted for processing and/or disposal. (q) The applicant shall submit to the Board of Supervisors, a copy of its commercial policy of liability insurance covering third party claims for property damage and personal injury. (r) Vehicular access for ingress, egress and regress to a solid waste facility shall be solely limited to private access roads. Such private access roads shall only have access to a state legislative route with no permitted access to or from any local streets and/or roads. (s) The owner and/or operator of a solid waste facility shall provide an emergency response plan to address potential hazards associated with its operations. Said plan shall be submitted for review and comment to the local fire companies which serve Dallas Township. (t) Any solid waste facility which processes sludge, prior to its final disposal, shall be designed to include a liner in accordance with the applicable standards of the Department of Environmental Protection for the liner within a proposed landfill. (u) Any solid waste facility which includes incineration shall be designed and operated in a manner to limit emissions by not less than 10% below the applicable allowable emission standards of the Pennsylvania Department of Environmental Protection or the United States Environmental Protection
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Agency, based upon the more restrictive regulations for reducing and/or limiting air pollution. Any emissions stack or similar structure shall not exceed 100 feet in height. (v) The applicant shall, in addition to other required information and data, provide an impact analysis that addresses the impact of the proposed operation and activities of a solid waste facility in relationship to the following items: [1] All streets and roads which shall and/or are likely to be utilized for means of access to and from the site, including projected truck traffic which shall be generated in relationship to the projected daily volume of waste being transported to the solid waste facility. [2] The suitability of the site for the proposed operations and activities of the solid waste facility in relationship to the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features which are located both on-site and off-site of the facility. [3] The impact, both on-site and off-site, of the proposed operations and activities of the solid waste facility on the soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features regarding the degree to which these are protected or destroyed, the tolerance of these resources to the proposed development and any adverse environmental impacts. [4] The impact of the proposed operations and activities of the solid waste facility upon any locations or structures of historical and/or cultural significance within 3,000 feet of any property line of the facility. (40)Townhouses. Townhouses which are not being developed as part of a planned residential development, shall be subject to the following provisions and all applicable provisions of the Dallas Township Subdivision and Land Development Ordinance: (a) Minimum lot size for the development of townhouses shall be four acres. (b) Minimum lot width shall be 200 feet. (c) Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 40%. (d) Minimum lot width per dwelling unit shall be not less than 25 feet. (e) Minimum lot depth per dwelling unit shall be not less than 100 feet.
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(f) Minimum lot area per dwelling unit shall be not less than 2,500 square feet. (g) Minimum front yard setback shall be not less than 30 feet. (h) No side yard setbacks shall be required for attached interior townhouse units. A minimum side yard setback of not less than 15 feet shall be required only at the ends of the rows of townhouses. (i) Minimum rear yard setback shall be not less than 30 feet. (j) Minimum width of each dwelling unit shall be not less than 20 feet. (k) Maximum building height shall be 2 1/2 stories or 35 feet. (l) Minimum distance between principal structures shall be not less than 30 feet. (m) Minimum front yard setback for off-street parking areas shall be not less than 10 feet. (n) Minimum rear yard setbacks for off-street parking areas shall be not less than 15 feet. (o) Two off-street parking spaces shall be provided for each dwelling unit. (p) Unattached accessory structures, such as pools, garages, carports and sheds, shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have not less than five feet side and rear yard setbacks. Attached accessory structures shall have the same setbacks as required for principal structures. (41)Trucking facilities. The property shall not be less than three acres in area. Access drives shall be no more than 25 feet in width; parking and loading areas shall conform to the regulations within Article XI. No truck parking or terminal operation shall be allowed within 100 feet of any lot line. Outside lighting shall be directed away from adjacent properties. (42)Warehouse and distribution facilities. All materials shall be stored within a completely enclosed building, and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed 25 feet in width; parking and loading areas shall conform to the regulations of Article XI of this chapter. No warehouse activities, including parking and/or loading areas, shall be allowed within 50 feet of any property line. (43)Warehouse (self-storage). These facilities may be a building or group of buildings in a controlled-access and fenced compound,
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containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties. (44)Wind energy facility. (a) Information to be submitted. The applicant for a wind energy facility shall be required to submit the following information: [1] The applicant and landowner's name and contact information. [2] The Tax Map numbers, existing use and acreage of the site parcel. [3] A copy of the deed to the property. [4] A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the generating capacity of the wind energy facility; the number, representative types and height of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities. [5] A survey map at an appropriate scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary. [6] Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the wind turbine, showing compliance with the applicable building code. [7] The make, model, picture and manufacturer's specifications, including noise decibels. Data pertaining to the wind turbine's safety and stability, including safety results from test facilities. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design
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compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations. [8] A completed environmental impact statement in accordance with § 95-55 of this chapter. [9] A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three-mile radius as no smaller than six inches, and the base map used shall be a published topographic map showing man-made features, such as roads and buildings. [10]No fewer than four, and no more than the number of proposed individual wind turbines, plus three color photos, no smaller than eight inches by 10 inches, taken from locations within a three-mile radius from the site and to be selected by the Township Council, and computer-enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations. [11]Copies of all proposed leases required to be secured by the applicant shall be provided if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan. [12]Copies of all easements, existing and proposed, upon the site shall be provided by the applicant. Said easements shall be clearly illustrated upon the site plan. [13]Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located, including the name and mailing address of the owners of record. (b) Approval standards. In addition to all other applicable criteria and requirements for approval of a conditional use as set forth in §§ 95-53 and 95-55 of this chapter, the following standards shall apply: [1] The minimum distance between the ground and any part of the rotor blade system shall be 30 feet. [2] To limit unauthorized access, a fence eight feet high with a locking portal shall be placed around the base of the tower of a wind turbine. Towers shall be constructed to
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provide one of the following means of access control, or other appropriate method of access: [a] Tower-climbing apparatus located no closer than 15 feet from the ground. [b] A locked anti-climb device installed on the tower. [3] Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority. [4] All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection. [5] All power transmission lines from a wind turbine to on-site substations shall be underground. [6] Prior to issuance of a building permit, the applicant shall provide the Township proof of a level of insurance to be determined by the Township Council in consultation with the Township's insurer, to cover damage or injury that might result from the failure of a tower or towers of a wind turbine or any other part or parts of the generation and transmission facility. Said insurance must be maintained for the life of the wind energy facility, until such time that all components of the wind energy facility are decommissioned and/or removed. [7] Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign containing emergency contact information, including a local telephone number with twenty-four-hour coverage, seven days a week, shall be posted on the entry area of fence around each wind turbine or group of towers and any building. [8] Any wind energy facility found to be unsafe by the local enforcement officer or agent of the Township shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. If any wind energy facility is not operated for a continuous period of 12 months, the Township will notify the landowner by registered mail and provide 45 days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable
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for corrective action. If the Township deems the timetable for corrective action as unreasonable, it must notify the landowner and such landowner shall remove the turbine within 120 days of receipt of notice from the Township. [9] The owner of a wind energy facility shall have it inspected at least every two years for structural and operational integrity by a licensed professional engineer and shall submit a copy of the inspection report to the Township. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide written to the Township with a written schedule for the repairs or maintenance. [10]A wind energy facility shall comply with all applicable provision under the Pennsylvania Uniform Construction Code and shall secure a building permit from Dallas Township. (c) Siting and installation. A wind energy facility shall: [1] Use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts. [2] Combine transmission lines and points of connection to local distribution lines. [3] Connect the facility to existing substations, or if new substations are needed, minimize the number of new substations. [4] All wiring between wind turbines and the wind energy facility substation shall be underground. [5] The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's then current service regulations applicable to wind power generation facilities and shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company. (d) Setbacks. [1] The minimum setback distance between each wind turbine and overhead utility or transmission lines, other wind turbine, electrical substations, meteorological towers, and public roads shall be equal to no less than 1.1 times the sum of proposed structure height plus the rotor radius.
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[2] The minimum setback distance for each wind turbine to any property line shall be not less than 1,500 feet. [3] The minimum setback distance for each wind turbine to off-site structures shall be not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of an off-site structures or 1,500 feet, whichever is greater. [4] All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base. [5] Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its total height, determined from the existing power line or telephone line. (e) Nuisance issues. [1] Individual wind turbines shall be located so that the level of noise produced by wind turbine operation shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier." [2] No individual wind turbine shall be installed in any location where its proximity to fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception. [3] Reasonable efforts shall be made to preclude shadow flicker to any building on a nonparticipating landowner's property. (f) Environmental and visual. [1] Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility. [2] The design of the wind turbines, buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that
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will blend the facility into the natural setting and existing environment. [3] Where wind characteristics permit, wind turbines shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access. [4] The maximum turbine height, as so defined in this chapter, shall not exceed 350 feet. [5] Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible. [6] Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as: electrical equipment boxes on or near the ground that can provide shelter and warmth; horizontal perching opportunities on the towers or related structures; or soil where weeds can accumulate. [7] A wind turbine shall be set back at least 1,500 feet from any bodies of water, including but not limited to lakes, ponds, streams, creeks and rivers. The above setback distance may be altered based upon the findings under § 95-55, Environmental impact statement, of this chapter. [8] All reasonable efforts shall be made to avoid development of sites which contain wetlands. Wind turbine shall be set back of not less than 1.1 times the turbine height from identified wetlands and its delineated boundaries. The above setback distance may be altered based upon the findings under § 95-55, Environmental impact statement, of this chapter. [9] Wind energy facilities shall provide conclusive documentation that the location and operation of the proposed facility will not adversely affect the wildlife habitat, including but not limited to bats and birds of the region and associated migration routes. Comments from any state and/or federal agency having a jurisdictional review or stewardship over the protection of wildlife shall be required. (45)Road-intensive uses. (a) The following conditional uses shall be classified as "road- intensive uses": [1] Ancillary facilities of oil or gas development. [2] Hydraulic fracturing water treatment facility.
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[3] Hydraulic fracturing water withdrawal facility. [4] Oil or gas compressor station. [5] Oil or gas well site. [6] Forestry activities that includes timbering operations. [7] Solid waste facilities. (b) Any party that owns, operates, manages or otherwise controls a road-intensive use shall be designated a "road-intensive use operator." (c) The operator of a road-intensive use, and its successors and assigns, shall be liable for the full and complete repair and restoration of all damages of whatever nature to all Township roads directly caused by truck hauling from the road-intensive use in excess of any usual and customary damage attributable to normal and general vehicular use. Notwithstanding the provisions contained herein relating to an excess maintenance agreement and the bonding of the road-intensive use operator's performance thereof, should the road-intensive use operator, its successors and assigns, fail to repair and restore fully and completely such road repair and restoration of damages to Township roads attributable to the road-intensive use, the Township reserves the right to proceed against the operator, its successors and assigns, by the commencement of an action in law or equity seeking payment of the entire cost of such repair and restoration of road damage, including, but not limited to, all costs of suit and reasonable attorney fees. (d) The road-intensive use operator shall disclose the proposed routes of all trucks and other heavy equipment to be utilized for the road-intensive use and the estimated weights of those trucks and/or heavy equipment associated with such activity. The Township reserves the right to designate alternate routes in the event that the road-intensive use operator's proposed routes are determined by the Township Engineer to be inadequate, unsafe, or overly disruptive to normal vehicular traffic. (e) Before the commencement of any road-intensive use, the road- intensive use operator shall conduct an on-site inspection of all Township roads to be utilized for truck hauling to and from the road-intensive use. Upon the basis of the inspection, the Township Engineer and the road-intensive use operator shall prepare a detailed report documenting the existing structural condition of the road. Photographs and video tapes will be taken to substantiate the report. Copies of the inspection report, photographs, and/or video tapes will be made available to the road-intensive use operator and the Township.
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(f) The road-intensive use operator shall plan or design all proposed hauling routes to minimize the use and impact of such truck hauling upon Township roads wherever feasible. (g) The road-intensive use operator shall produce evidence satisfactory to the Township Engineer that all intersections along proposed hauling routes provide a sufficient turning radius for trucks to be utilized for hauling so that all turns can be safely made without damage to vehicles, sidewalks, curbs or surrounding property. (h) All Township roads used by the road-intensive use operator for truck and/or equipment hauling for the road-intensive use will be kept and restored to the same or similar condition during and after such activity. Accordingly, prior to any road-intensive use, the Township and the road-intensive use operator shall enter into an excess maintenance agreement, in a form acceptable to the Township, in order to guarantee the repair and the restoration of any Township road(s), which may be determined in the reasonable professional opinion of the Township Engineer founded, in whole or in part, on the inspection report and the graphic documents in support of the inspection report, to be subject to damage as a result of and in the course of traffic generated by truck and/or equipment hauling from such activity. In the excess maintenance agreement, the road-intensive use operator must assume explicitly its responsibility to repair and restore any Township road determined to be damaged as a result of traffic generated by truck and/or equipment hauling from the road-intensive use and in excess of the usual and customary extent due to general vehicular use. The reasonable professional opinion of the Township Engineer as to damage(s) shall prevail hereunder. (i) In addition to the aforesaid excess maintenance agreement and to secure the performance thereof, the operator shall post a bond or other financial security in favor of the Township and in a form acceptable to the Township. The principal of the bond shall be determined by the Township Engineer acting on behalf of the Township. The bond to be posted by the operator may be in a principal sum in excess of otherwise applicable PADOT limits when the Township Engineer has reasonably estimated that the cost of the repair and restoration of Township roads will exceed the prevailing PADOT bonding limits. (j) The road-intensive use operator is responsible for the satisfactory and complete repair and restoration of damaged roads, as above determined, before the excess maintenance agreement can be terminated and the security released.
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(k) Notwithstanding any other provision herein set forth, the road- intensive use operator shall, at all times, utilize the Township roads only in a manner that permits unobstructed and safe passage for other members of the traveling public. The road- intensive use operator shall covenant in the excess maintenance agreement to make immediate repair of any conditions on the road attributable to its use for truck hauling to and from a road-intensive use which restricts use of the road by the traveling public or causes or contributes to an unsafe condition, including the removal of mud and dirt from the road. (l) Where truck traffic generated by a road-intensive use exceeds five trips per hour within 200 feet of a school bus stop, the road-intensive use operator will provide flagmen to ensure the safety of children waiting for or leaving school buses. (m) All roads and accessways shall be gated in a manner deemed consistent with residential architecture at the entrance to prevent illegal access. An address shall be clearly visible on the access gate for emergency response purposes. In addition, the sign shall include the name of the applicant and the telephone number for a person responsible who may be contacted in case of emergency. (n) Access of road-intensive use roads directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a road-intensive use, the Township shall be provided a copy of the highway occupancy permit. (46)Oil or gas operations. (a) Oil or gas development, as defined in Article II of this chapter, shall be permitted only in those districts as listed in the district regulations under Article V. In addition to other applicable standards of this chapter, this Subsection shall apply to oil or gas development to the extent that such regulations are not in conflict with or preempted by the state's Oil and Gas Act or other federal or state legislation. The horizontal capture of natural gas under the surface of a property where no surface disturbance is involved is exempt from regulation by this Zoning Chapter. (b) For Subsection A(47), (48), (49), (50) and (51), including all subsections thereunder, the term "applicant" shall mean any person, owner, oil or gas well operator, oil or gas well owner, partnership, company, corporation and its subcontractors and agents who has an interest in real estate to be used for the purpose of exploring or drilling for, producing, or transporting oil or gas or who has an ownership interest in a business
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engaged in exploring or drilling for, producing, or transporting oil or gas. (47)Oil or gas well sites. Oil or gas well sites shall be classified as a conditional use in the A-1 Agricultural Zoning District. Any applicant desiring to construct or operate an oil or gas well site shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and substantive requirements shall apply and be the responsibility of the applicant: (a) Information. [1] The name and address of the mineral and royalty owner(s), a copy of the oil or gas lease, excluding or redacting any financial information, and any drilling permits issued by the Commonwealth of Pennsylvania, or the application, if a state permit has not yet been issued, shall be attached. [2] A site plan which complies with the provisions and requirements of §§ 95-52 and 95-55 of this chapter. [3] The names and addresses of all applicants, including the name and telephone number of a local representative. [4] The exact and final legal description and location on a map with a scale of not greater than one inch equals 50 feet of a proposed oil or gas well site and verification that the site is not located in or within a wetland or floodplain; [5] The name and mailing address of each property owner of all property within 2,000 feet of any boundary of a proposed oil or gas well site. For informational purposes, the applicant shall provide verification that all of the above-referenced property owners have been notified in writing of the proposed drilling activity not less than 15 days following the submission of the conditional use application, and further notified 45 days before drilling commences. [6] The anticipated construction start and completion date of each phase of oil or gas development that will occur upon the property. (b) Dimensional, setback, height and buffer requirements. [1] A minimum parcel size of 10 acres shall be required for an oil or gas well site. [2] A minimum setback of not less than 200 feet shall be maintained between any oil or gas well and adjoining properties lines, public road rights-of-way and existing water well. The setback distances to any of the above
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facilities shall in no event be less than the minimum permissible distance under the Oil and Gas Act, including any subsequent amendments to said Act. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with the oil or gas development except for crossing of access roads. [3] A minimum setback distance of not less than 100 feet shall be maintained between any disturbed area associated with any oil or gas well site measured horizontally and any stream, spring or body of water as identified on the most current 7.5 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. The setback distances to any of the above environmental features shall in no event be less than the minimum permissible distance under the Oil and Gas Act, including any subsequent amendments to said Act. [4] A minimum distance of not less than 3,000 feet shall be maintained between any oil or gas well site and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an oil or gas well site to the nearest property boundary line of a protected use, a protected structure or a school. [5] A minimum distance of not less than 500 feet shall be maintained between any oil or gas well site and any dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an oil or gas well site to the nearest property boundary line of a property which contains a dwelling unit. [6] Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be provided along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.108 It shall be the responsibility of the applicant 89:456 § 95-70 WATER § 95-70
to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material. [7] Height. The height of a drilling rig and other temporary facilities on site shall be exempt from the height limits in this chapter. Permanent structures, whether principal or accessory, shall comply with the height limitations applicable to the underlying zoning district. [8] Multiple wells. Multiple oil or gas wells may be approved on one oil or gas well pad. A separate application and zoning approval shall be required for each oil or gas well. [9] Floodplains. An oil or gas well shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA). (c) Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required. (d) Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,109 the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance. (e) Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance. (f) Parking and staging areas. [1] The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working and/or residing on the property at any given time during the construction of a well.
108.Editor's Note: See Ch. 77, Subdivision and Land Development. 109.Editor's Note: See Ch. 72, Stormwater Management. 89:457 § 95-70 DALLAS CODE § 95-70
[2] Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. [3] All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. [4] A minimum setback distance of not less than 100 feet shall be maintained between any disturbed area associated with any oil or gas well site measured horizontally and any stream, spring or body of water as identified on the most current 7.5 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. [5] No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way. (g) State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached. (h) Access roads. Access to any oil or gas well site shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply: [1] Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line crossed to establish the point of ingress/egress. [2] Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with above requirements must occur prior to the use of the access road. 89:458 § 95-70 WATER § 95-70
[3] All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement. (i) Noise. The applicant shall take the following steps to minimize noise resulting from an oil or gas well site. [1] Prior to the commencement of any use, development, construction, drilling and/or improvements at an oil or gas well site, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend ambient noise for all frequencies at all boundaries of the property on which an oil or gas well site is located with prior approval of the testing times and dates by the Board of Supervisors. [2] Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting. [3] The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to the commencement of any use, development, construction, drilling and/or improvements at an oil or gas well site. [4] Between the hours of 5:00 p.m. and 9:00 a.m. (local time), the decibel level shall not exceed the ambient noise level that was established under Subsection A(47)(i)[2] at any point outside the boundaries of the property of an oil or gas well site by more than three decibels. [5] Between the hours of 9:00 a.m. and 5:00 p.m. (local time), the decibel level shall not exceed ambient noise level that was established under Subsection A(47)(i)[2] at any point outside the boundaries of the property of an oil or gas well site by more than five decibels. (j) Engines. A compressor and any other power-driven equipment shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code.
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(k) Fencing. [1] Security fencing is required. If twenty-four-hour on-site manned supervision and security are provided, security fencing shall not be required at an oil or gas well site during the initial drilling, or redrilling operations. [2] Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence shall be promptly installed at an oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on an oil or gas well site. [3] Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide.
[4] Emergency responders shall be given means to access an oil or gas well site in case of an emergency. [5] Warning signs shall be placed on the fencing surrounding an oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year. (l) Emergency response plan. [1] Prior to development, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. [2] Not less than 60 days prior to drilling operations, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually during the period when the applicant anticipates drilling activity within the Township. Emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site. (m) Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated. (n) Signage; site identification.
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[1] At the entrance gate to each oil or gas well site where the access road intersects with the Township-, county- or state-owned road, and there shall be signage clearly posted and visibly posted that includes the following information. [a] The applicant's name. [b] Unit name. [c] Township assigned address. [d] Emergency contact phone number. [2] This information shall be updated from time to time to ensure the information is always accurate and current. (o) Operating times. All site preparation and preproduction operations on an oil or gas well site shall be permissible Mondays through Saturdays (with the exception of federal and/ or state holidays) between the hours of 9:00 a.m. and 5:00 p.m., or as otherwise authorized by the Township. The active drilling phase is exempt from this subsection, but not from any other provisions of this chapter. (p) Water flow test. The applicant shall submit to the Township a copy of a water flow test showing evidence of the gallon- per-minute flow rate and the per-minute recovery rate of all water wells, springs or other sources providing water to any Protected Structure within 2,000 feet of a proposed Oil or Gas Well prior to the commencement of any drilling. (q) Water quality test. The applicant shall submit to the Township a copy of a water quality test on all water wells, developed springs, and surface waters, within 2,000 feet of a proposed oil or gas well prior to the commencement of any drilling. The required water testing shall at minimum be for the following substances: methane, ethane, barium, chloride, total dissolved solids, pH, lead, arsenic, iron, manganese, strontium, sodium, hardness (calcium and magnesium), sulfate, nitrate, oil and grease, detergents/surfactants, total coliform bacteria, turbidity, alkalinity, 21 VOCs/MTBE, radium, radon, uranium, gross alpha and beta. (r) Water impoundment facility. Any proposed construction of any fresh water impoundment or wastewater impoundment located upon an oil or gas well site shall be subject to the following additional requirements: [1] Said facility must be not less than 1,500 feet from a property line, from any bodies of water, and from any wetlands greater than 1/4 acre in size or containing a
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threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. [2] A copy of the PA DEP permit for approval of impoundment facility must be provided at the time of the submission of the conditional use application. [3] A gated and locked chain-link fence must be installed around any impoundment and shall be at least eight feet in height. [4] Thirty days' advance written notice to the Township must be provided when transitioning from a fresh water impoundment to a wastewater impoundment and the applicant must provide a copy of the revised PA DEP permit.
(s) Environmental pollution liability coverage. [1] Prior to the commencement of development activities related to any oil or gas well at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off- site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all oil or gas wells. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000. [2] In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be
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provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section. (t) Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection and application review, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the application, the permit and/or permit conditions imposed by the Board of Supervisors, Zoning Hearing Board, or Planning Commission. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount of funds into the account to restore a balance of $15,000. (48)Ancillary facilities of oil or gas development. Ancillary facilities of oil or gas development shall be classified as a conditional use in the A-1 Agricultural Zoning District. Such facilities shall be considered as a principal use and/or structure. Any applicant desiring to construct, maintain and/or operate an ancillary facility of oil or gas development shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and provisions shall apply: (a) Information. [1] A site plan which complies with the provisions and requirements of §§ 95-52A and 95-55 of this chapter. [2] A description of proposed improvements to the site with identification of whether the site or any part thereof is located in a wetland or floodplain.
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[3] Anticipated construction start and completion date of all improvements and the start date for the use and/or operation of the facility. (b) Dimensional, setback, height and buffer requirements. [1] A minimum parcel size of 25 acres shall be required for one ancillary facility of oil or gas development. Where two or more ancillary facilities of oil or gas development are located on the same parcel, an additional five acres shall be required for each additional ancillary facility of oil or gas development. [2] A minimum setback of 3,000 feet shall be maintained between any ancillary facility of oil or gas development and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. [3] A minimum distance of not less than 3,000 feet shall be maintained between any ancillary facility of oil or gas development and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with an ancillary facility of oil or gas development except for crossing of access roads. [4] A minimum distance of not less than 500 feet shall be maintained between any ancillary facility of oil or gas development and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of an ancillary facility of oil or gas development to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the
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required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with an ancillary facility of oil or gas development except for crossing of access roads. [5] Required buffer. A buffer area, as defined in Article II, not less than 75 feet wide shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.110 It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material. [6] Height. The height of an ancillary facility of oil or gas development shall comply with the height limitations applicable to the underlying zoning district. [7] Floodplains. An ancillary facility of oil or gas development shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA.) (c) Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required. (d) Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,111 the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance. (e) Soil erosion and sedimentation control plan. Documentation of an approved soil erosion and sedimentation control plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation
110.Editor's Note: See Ch. 77, Subdivision and Land Development. 111.Editor's Note: See Ch. 72, Stormwater Management. 89:465 § 95-70 DALLAS CODE § 95-70
of the same shall be provided prior to and during any grading and/or earth disturbance. (f) Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at an ancillary facility of oil or gas development. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way. (g) Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. All ancillary facilities of oil or gas development shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows: [1] The chain-link fence shall be at least eight feet in height. [2] Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence. [3] The chain-link shall be dark green or black steel wire. [4] The chain-link fence shall have, at a minimum, eleven- gauge thickness. [5] Posts and rails shall be standard black or dark green welded pipe. [6] Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum takeup. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch. [7] Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black. [8] All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site.
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[9] Emergency responders shall be given means to access to the site in case of an emergency. [10]Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year. (h) Engines. A compressor and any other power-driven equipment of an Ancillary Facility of Oil or Gas Development shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code. (i) State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached. (j) Access roads. Access to any ancillary facilities of oil or gas development shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply: [1] Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress. [2] Any access road beginning with its intersection with a public right-of way shall be paved for the first 100 and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road. [3] All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather, and under no circumstances shall brine 89:467 § 95-70 DALLAS CODE § 95-70
water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement. (k) Noise. The applicant shall take the following steps to minimize noise resulting from any ancillary facility of oil or gas development. [1] An ancillary facility of oil or gas development shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists. [2] Prior to approval and use or operation of an ancillary facility of oil or gas development, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which an ancillary facility of oil or gas development is located with prior approval of the testing times and dates by the Board of Supervisors. [3] Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting. [4] The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject ancillary facility of oil or gas development. [5] The decibel level shall not exceed the ambient noise level that was established above under Subsection A(48)(k)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels. (l) Emergency response plan. [1] Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. [2] Not less than 60 days prior to operation of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from
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development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site. (m) Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated. (n) Signage; site identification. [1] At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information: [a] The applicant's name. [b] Unit name. [c] Township assigned address. [d] Emergency contact phone number. [2] This information shall be updated from time to time to ensure the information is always accurate and current. (o) Environmental pollution liability coverage. [1] Prior to the commencement of development activities related to any Ancillary Facility of Oil or Gas Development at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off- site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all Ancillary Facilities of Oil or Gas Development. The Township shall be provided no less than 60 days written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000.
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[2] In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section. (p) Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000. (49)Oil or gas pipelines. (a) Oil or gas pipelines shall be classified as a conditional use in all zoning districts. (b) An applicant desiring to construct oil and gas pipelines shall furnish to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines. Any suspension or revocation of any required state or federal approvals or permits shall be reported to the Township immediately. In addition, the applicant must adhere to the following regulations:
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[1] An oil or gas pipeline shall have minimum setback distance of not less than 50 feet from any property line as measured from the center of the pipe to the property line on which the oil or gas pipeline is located. (c) An applicant desiring to construct, maintain and/or an oil or gas pipeline shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. The following supplemental information and provisions shall apply to documentation required to be submitted by the applicant: [1] The origin point and the destination of the segment of the pipeline to be constructed. [2] A description of the substance to be transported through the pipeline and a copy of the Material Safety Data Sheet (MSDS). [3] Engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering depths and location of shutoff valves. (The location of shutoff valves must be known in order for emergency responders to clear area for access valves.) To the extent that information can be readily obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet of the proposed pipeline. [4] Detailed cross section drawings for all public street right- of-way and easement crossings. [5] Executed copies of the easements for the areas constructed outside of the road right-of-way. [6] A copy of the site reclamation plans. (d) Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance112 shall be required. (e) Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,113 the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance.
112.Editor's Note: See Ch. 77, Subdivision and Land Development. 113.Editor's Note: See Ch. 72, Stormwater Management. 89:471 § 95-70 DALLAS CODE § 95-70
(f) Soil erosion and sedimentation control plan. Documentation of an approved soil erosion and sedimentation control plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance. (g) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached. (h) Access roads. Access to any oil or gas pipeline shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply: [1] Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress. [2] Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road. [3] All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement. (i) Emergency response plan. [1] Prior to the use and operation of an oil or gas pipe line, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. 89:472 § 95-70 WATER § 95-70
[2] Not less than 60 days prior to the use and operation of an oil or gas pipe line, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from the subject pipeline and its subsequent operation and which shall be made available at least annually. (j) Environmental pollution liability coverage. [1] Prior to the commencement of development activities related to any oil or gas pipelines at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off-site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all oil or gas pipelines. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000. [2] In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or
89:473 § 95-70 DALLAS CODE § 95-70
self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section. (k) Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000. (50)Hydraulic fracturing wastewater treatment facility. (a) A hydraulic fracturing wastewater treatment facility shall be classified as a conditional use in the A-1 Agricultural Zoning District. (b) An applicant desiring to construct, maintain and/or operate a hydraulic fracturing wastewater treatment facility shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. (c) Dimensional, setback, height and buffer requirements. [1] A minimum parcel size of 25 acres shall be required for a hydraulic fracturing wastewater treatment facility. [2] A minimum setback of 3,000 feet shall be maintained between a hydraulic fracturing wastewater treatment facility and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. This setback
89:474 § 95-70 WATER § 95-70
distance shall not apply to any required discharge structures. [3] A minimum distance of not less than 3,000 feet shall be maintained between a hydraulic fracturing wastewater treatment facility and any protected use or protected structure with the exception of a public or private school which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing wastewater treatment facility except for crossing of access roads. [4] A minimum distance of not less than 500 feet shall be maintained between any hydraulic fracturing wastewater treatment facility and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing wastewater treatment facility to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing wastewater treatment facility except for crossing of access roads. [5] Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.114 It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
114.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:475 § 95-70 DALLAS CODE § 95-70
[6] Height. The height of a hydraulic fracturing wastewater treatment facility shall comply with the height limitations applicable to the underlying zoning district. [7] Floodplains. A hydraulic fracturing wastewater treatment facility shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for the Township as prepared and approved by Federal Emergency Management Agency (FEMA). (d) Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required. (e) Stormwater management ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,115 the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance. (f) Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance. (g) Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at a hydraulic fracturing wastewater treatment facility. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of- way or be permitted to back into or out of the public right-of- way. (h) Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. A hydraulic fracturing wastewater treatment facility shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows: [1] The chain-link fence shall be at least eight feet in height.
115.Editor's Note: See Ch. 72, Stormwater Management. 89:476 § 95-70 WATER § 95-70
[2] Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence. [3] The chain-link shall be dark green or black steel wire. [4] The chain-link fence shall have, at a minimum, eleven- gauge thickness. [5] Posts and rails shall be standard black or dark green welded pipe. [6] Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch. [7] Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to green, brown, tan, and black. [8] All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site. [9] Emergency responders shall be given means to access the site in case of an emergency. [10]Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year. (i) State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
89:477 § 95-70 DALLAS CODE § 95-70
(j) Access roads. Access to any hydraulic fracturing wastewater treatment facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply: [1] Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet from any property line, except as to the property line at the point of ingress/egress. [2] Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road. [3] All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement. (k) Engines. A compressor and any other power-driven equipment of any hydraulic fracturing wastewater treatment facility shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code. (l) Noise. The applicant shall take the following steps to minimize noise resulting from any hydraulic fracturing wastewater treatment facility: [1] A hydraulic fracturing wastewater treatment facility shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists. [2] Prior to approval and use or operation of any hydraulic fracturing wastewater treatment facility the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which any hydraulic fracturing wastewater treatment facility is located with prior approval of the testing times and dates by the Board of Supervisors. [3] Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most
89:478 § 95-70 WATER § 95-70
current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting. [4] The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject Hydraulic Fracturing Wastewater Treatment Facility. [5] The decibel level shall not exceed the ambient noise level that was established above under Subsection A(50)(l)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels. (m) Emergency response plan. [1] Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. [2] Not less than 60 days prior to operations of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site. (n) Lights. Outside lighting shall be directed away from adjacent properties and shall be turned off except when personnel are working on site or motion sensors are activated. (o) Signage; site identification. [1] At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information: [a] The applicant's name. [b] Unit name. [c] Township assigned address.
89:479 § 95-70 DALLAS CODE § 95-70
[d] Emergency contact phone number. [2] This information shall be updated from time to time to ensure the information is always accurate and current. (p) Environmental pollution liability coverage. [1] Prior to the commencement of development activities related to any hydraulic fracturing wastewater treatment facility at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off- site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all hydraulic fracturing wastewater treatment facility. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000. [2] In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section.
89:480 § 95-70 WATER § 95-70
(q) Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000. (51)Hydraulic fracturing water withdrawal facility. (a) A hydraulic fracturing water withdrawal facility shall be classified as a conditional use in the A-1 Agricultural Zoning District. (b) An applicant desiring to construct, maintain and/or operate a hydraulic fracturing water withdrawal facility shall submit a conditional use application and plan in accordance with the provisions of §§ 95-52 and 95-55 of this chapter. (c) Dimensional, setback, height and buffer requirements. [1] A minimum parcel size of 25 acres shall be required for a hydraulic fracturing water withdrawal facility. [2] A minimum setback of 3,000 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of an hydraulic fracturing water withdrawal facility to the nearest delineated edge of a stream, spring or body of water, or any wetlands greater than 1/4 acre in size or containing a threatened or endangered species or serving as headwaters of a surface water or groundwater drinking supply. [3] A minimum distance of not less than 3,000 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any protected use or protected structure with the exception of a public or private school 89:481 § 95-70 DALLAS CODE § 95-70
which shall require a minimum distance of 5,000 feet. Measurements for such distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing water withdrawal facility to the nearest property boundary line of a protected use, a protected structure or a school. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing water withdrawal facility except for crossing of access roads. [4] A minimum distance of not less than 500 feet shall be maintained between any hydraulic fracturing water withdrawal facility and any property containing a dwelling unit. Measurements for the aforementioned distances shall be taken and based upon the linear distances from all property boundary lines of a hydraulic fracturing water withdrawal facility to the nearest property boundary line of a property which contains a dwelling unit. With the exception of the required buffer area, all land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with a hydraulic fracturing water withdrawal facility except for crossing of access roads. [5] Required buffer. A buffer area, as defined in Article II, not less than 75 feet shall be required along all property lines. The Board of Supervisors may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas. Buffer areas shall be considered improvements for the purposes of guaranteeing installation in accordance with the requirements for land developments in the Dallas Township Subdivision and Land Development Ordinance.116 It shall be the responsibility of the applicant to maintain all buffer areas in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material. [6] Height. The height of a hydraulic fracturing water withdrawal facility shall comply with the height limitations applicable to the underlying zoning district. [7] Floodplains. A hydraulic fracturing water withdrawal facility shall not be permitted within any one-hundred-year floodplain as identified in the most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for
116.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:482 § 95-70 WATER § 95-70
the Township as prepared and approved by Federal Emergency Management Agency (FEMA). (d) Land development approval. Approval of a land development plan in accordance with the terms, standards and procedures as set forth in the Dallas Township Subdivision and Land Development Ordinance shall be required. (e) Stormwater Management Ordinance. Approval of a stormwater management permit shall be required for any earth disturbance in accordance with the standards and provisions of the Dallas Township Stormwater Management Ordinance,117 the Toby's Creek Stormwater Management Ordinance and the Bowman's Creek Stormwater Management Ordinance. (f) Soil erosion and sedimentation control plan. Documentation of an approved Soil Erosion and Sedimentation Control Plan by the Luzerne County Conservation District or the Pennsylvania Department of Environmental Protection and implementation of the same shall be provided prior to and during any grading and/or earth disturbance. (g) Parking and staging areas. The required amount of on-street vehicle parking shall be equal to not less than 75% of the maximum number of the applicant's employees, subcontractors, and agents working at a hydraulic fracturing water withdrawal facility. Unless stated otherwise, said parking areas shall comply with all applicable standards of Article XI. All vehicle parking areas and staging areas shall be setback not less than 200 feet from any property line. No vehicles shall be parked or staged on any public road right-of- way or be permitted to back into or out of the public right-of- way. (h) Fence standards. A secured entrance gate on the access road shall be required, and all gates are to be kept locked when the operator or its employees are not on the premises. A hydraulic fracturing water withdrawal facility shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows: [1] The chain-link fence shall be at least eight feet in height; [2] Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; [3] The chain-link shall be dark green or black steel wire;
117.Editor's Note: See Ch. 72, Stormwater Management. 89:483 § 95-70 DALLAS CODE § 95-70
[4] The chain-link fence shall have, at a minimum, eleven- gauge thickness; [5] Posts and rails shall be standard black or dark green welded pipe; [6] Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch; [7] Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Township. The color of the materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.
[8] All chain-link fences shall be equipped with at least two gates having openings no less than 12 feet wide. The gates shall be equipped with a locking attachment and shall be kept locked except when being used for access to the site. [9] Emergency responders shall be given means to access the site in case of an emergency. [10]Warning signs shall be placed on the fencing surrounding the facility providing notice of the potential dangers and the contact information in case of an emergency. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days per year. (i) State, federal and local compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached. (j) Access roads. Access to a hydraulic fracturing water withdrawal facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply: [1] Any newly established private easements/roadways constructed on the parcel shall be located at least 100 feet
89:484 § 95-70 WATER § 95-70
from any property line, except as to the property line at the point of ingress/egress. [2] Any access road beginning with its intersection with a public right-of-way shall be paved for the first 100 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall be paved. Compliance with the above requirements must occur prior to the use of the access road. [3] All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement. (k) Engines. A compressor and any other power-driven equipment of any hydraulic fracturing water withdrawal facility shall utilize sparkless electric motors. All electrical installations and equipment shall conform to Township ordinances and the Pennsylvania Uniform Construction Code. (l) Noise. The applicant shall take the following steps to minimize noise resulting from any hydraulic fracturing water withdrawal facility. [1] A hydraulic fracturing water withdrawal facility shall be fully enclosed in a sound-reduction structure that conforms to the character of the zone in which it exists. [2] Prior to approval and use or operation of any hydraulic fracturing water withdrawal facility, the applicant shall establish the continuous seventy-two-hour weekday and forty-eight-hour weekend for all level of frequencies at all boundaries of the property on which any hydraulic fracturing water withdrawal facility is located with prior approval of the testing times and dates by the Board of Supervisors. [3] Measurement equipment. All noise level measurements shall be made using a sound level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4- not less than Type 2 instruments). The instrument shall have been field calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting. 89:485 § 95-70 DALLAS CODE § 95-70
[4] The applicant shall provide the Township documentation, satisfactory in form and substance to the Township, of the established ambient noise level prior to any operations at the subject Hydraulic Fracturing Water Withdrawal Facility. [5] The decibel level shall not exceed ambient noise level that was established above under Subsection A(51)(l)[2] at any point outside the boundaries of the property on which subject facility is located by more than three decibels. (m) Emergency response plan. [1] Prior to the operation of an ancillary facility, the applicant shall provide to the Board of Supervisors, Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan.
[2] Not less than 60 days prior to operations of the facility, the applicant shall, at its sole cost and expense, provide to emergency responders, appropriate site orientation with adequate information and training on dealing with any potential dangerous conditions that may result from development activities and which shall be made available at least annually. Township emergency responders shall be provided with a complete, detailed list and location of all gases, chemicals, waste products and hazardous material produced, stored and maintained on the site. (n) Lights. Outside lighting shall be directed away from adjacent properties, and shall be turned off except when personnel are working on site or motion sensors are activated. (o) Signage; site identification. [1] At the entrance gate to each facility where the access road intersects with the Township- or state-owned road and there shall be signage clearly posted and visibly posted that includes the following information. [a] The applicant's name. [b] Unit name. [c] Township assigned address. [d] Emergency contact phone number. [2] This information shall be updated from time to time to ensure the information is always accurate and current. (p) Environmental pollution liability coverage.
89:486 § 95-70 WATER § 95-70
[1] Prior to the commencement of development activities related to any hydraulic fracturing water withdrawal facility at, on or under any parcel of land, the applicant or operator shall have first secured and fully paid any and all premiums for environmental pollution liability with coverages for on- and off-site bodily injury, on- and off- site property damage, and on- and off-site cleanup costs (including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, technical and legal fees incurred in the investigation, remediation, monitoring and reporting, and in the defense and settlement of claims). Such coverage shall have an initial term of five years and shall remain in full force and effect throughout the development, use and occupancy of each such parcel for any and all hydraulic fracturing water withdrawal facility. The Township shall be provided no less than 60 days' written notice prior to the termination or material change in any such coverage, term, limitation on liability, and any other material provision. Each such coverage shall be maintained at all times in an amount of at least $5,000,000 per loss with an aggregate for all such losses of at least $15,000,000. [2] In the alternative, an applicant or operator may self-insure such losses upon a showing of its own financial responsibility and capability (and not merely that of a parent or affiliated entity) to provide coverage for such claims and for such minimum claim amounts, the determination by any state-appointed auditor to be deemed conclusive, and thereafter as may reasonably be requested by the Township. In the event an applicant or operator elects to self-insure, the Township shall be provided immediate written notice in the event the applicant or operator is no longer able to meet such financial responsibility and capability standards, and the applicant shall immediately secure and maintain the insurance coverage as provided for in this section. No such coverage or self-insurance shall operate as a limitation of liability on an applicant or operator. Such insurance or self-insurance shall be subject to the prior approval by the Township in accordance with the provisions and intent of this section. (q) Fee reimbursement. In submitting the conditional use application, the applicant agrees to reimburse the Township for all reasonable and direct professional consulting fees incurred by the Township related to the site inspection, including but not limited to, the Township Engineer, Township Solicitor and any other reasonable and direct consulting fees incurred for the review and approval process, and for any
89:487 § 95-70 DALLAS CODE § 95-70
specialized work called for in the permit and its conditions. An escrow account shall be established by the applicant with an initial deposit of $15,000 for the draw down by the Township to pay for related fees incurred during the review and approval process of the conditional use application. Whenever the balance within the escrow account is less than $10,000, upon notification from the Township, the applicant will deposit the required amount funds into the account to restore a balance of $15,000.
89:488 § 95-71 WATER § 95-74
ARTICLE IX Nonconforming Lots, Uses, Structures and Buildings
§ 95-71. Intent. Within the zoning districts established by this chapter or subsequent amendments thereto, there may exist or will exist certain nonconforming uses of structures and/or land which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such uses would be prohibited, regulated or restricted under the terms and provisions of this chapter or subsequent amendments thereto.
§ 95-72. Nonconforming lots of record. A. In any zoning district, structures, both principal and accessory, may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions or regulations of this chapter, even though such lots fail to meet the requirements for the area and/or width of the zoning district in which such lot is located. The erection of a structure on such a lot shall, however, conform to front, rear and side yard requirements for the zoning district in which such lot is located. Variances from the governing yard requirements in any zoning district, including but not limited to using the existing foundation and/or footprint of a prior structure, may be obtained only through action of the Zoning Hearing Board. B. If two or more adjacent lots with continuous frontage in single ownership are lots of record at the effective date of the adoption or amendment of this chapter, and if such lots do not meet the required lot area and/or width requirements, such lots shall be considered to be an undivided parcel and no portions of such parcel shall be used or sold in a manner which further diminishes compliance with the required lot area and/or width requirement for the zoning district in which such lots are located.
§ 95-73. Continuation of nonconformity. Any lawful nonconforming use and/or nonconforming structure may be continued except as otherwise provided in this article, but any nonconforming use and/or structure shall not be enlarged, reconstructed, structurally altered or changed except as permitted by provisions of this article.
§ 95-74. Registration of nonconforming uses and structures. The Zoning Officer may prepare and maintain an accurate listing of all nonconforming uses and structures. The Zoning Officer or the property owner may initiate the process of certifying the nonconformity of a given property. The Zoning Officer shall issue a certificate of nonconformity where he finds the use or structure, although not in compliance with all applicable
89:489 § 95-74 DALLAS CODE § 95-77 requirements of the zoning district in which it is located, to be a lawful nonconforming use or structure.
§ 95-75. Changes of nonconforming uses. The Zoning Hearing Board may grant a special exception to allow one nonconforming use to be changed to another nonconforming use, if the Board finds that all of the following provisions will be met: A. No structural alterations are made. B. The proposed change shall be less objectionable in external effects than that of the previous or existing nonconforming use, and shall be more consistent with its physical surroundings. C. There shall be no increase in traffic generation or congestion, including both vehicular and pedestrian traffic. D. There shall be no increase in the danger of fire or explosion. E. There shall be no increase in noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, lighting or electrical disturbances. F. There shall be no increased threat to health by any reason, including that of rodent, vermin or otherwise.
§ 95-76. Enlargement of nonconforming uses and structures. The Zoning Hearing Board may grant a special exception for the enlargement of a nonconforming use and/or structure, if the Board finds the following standards will be met: A. The enlargement will not replace a conforming use. B. The nonconforming structure and/or use, after enlargement, shall comply with the yard and lot coverage requirements applicable to the zoning district in which it is located.
C. The use and/or structure, after enlargement, shall comply with all applicable off-street parking and/or loading requirements for said use and/or structure. D. Not more than one enlargement of a nonconforming use and/or structure shall be permitted. E. A nonconforming structure and/or use shall not be enlarged beyond the limits of the zoning lot on which it is located. Expansion to an adjoining lot shall be prohibited, even if such adjoining lot was in the same ownership at the effective date of the adoption of this chapter. F. The enlargement shall not exceed 25% of the floor area or land area as it existed at the time the structure or use first became nonconforming.
89:490 § 95-77 WATER § 95-79
§ 95-77. Restoration of use. A. Any voluntary and/or unintentional destruction of a nonconforming use and/or structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar act or cause to the extent of more than 60% of its reproduction value at the time of the damage shall not be restored except in conformity with the regulations of the zoning district in which it is located. B. When damage is less than 60% of its reproduction value, a nonconforming building or other structure may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one year of the date of such damage. C. A conforming residential use, which is constructed on a lot that is nonconforming with respect to lot area, lot width, and/or yard areas, may be reconstructed on the same lot subject to receiving approval from the Zoning Hearing Board for any necessary variances.
§ 95-78. Termination of nonconforming use and/or structure. A. Nonconforming use and/or structure. A nonconforming use and/or structure shall not be reconstructed when damaged to an extent greater than 60% of its reproduction value at the time of the damage and said nonconforming use and/or structure shall be deemed terminated. B. Change of nonconforming use. Where a nonconforming use is changed into a conforming use, a nonconforming use shall not thereafter be resumed. A change of one nonconforming use, without approval by the Zoning Hearing Board, shall be considered an abandonment of the prior nonconforming use, which shall not thereafter be resumed. C. Abandonment of nonconforming use. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed abandoned if it is changed as set forth in Subsection B or if it is discontinued for a continuous period of one year and the owner of said property fails to obtain a certificate of intention in accordance with § 95-79 of this chapter which indicates his or her intent to resume the nonconforming use. D. Unsafe structures. If a nonconforming structure, containing a nonconforming use, becomes physically unsafe due to lack of maintenance or repairs and has been legally condemned, it shall not thereafter be restored, repaired or rebuilt except in conformity with uses permitted within the zoning district in which such structure is located.
89:491 § 95-79 DALLAS CODE § 95-79
§ 95-79. Certificate of intention for a nonconforming use. A certificate of intention shall be required in any instance when a nonconforming use of a structure, building and/or land is to be discontinued for a period of more than one year and the owner or operator of the nonconforming use wishes to maintain a legal nonconforming status. A certificate of intention form shall be completed by the owner or operator of the discontinued nonconforming use. Said completed certificate of intention form shall be submitted to and approved by the Zoning Officer. The applicant shall indicate in writing the reason or basis for the discontinuation of the nonconforming use and the anticipated date on which the nonconforming use will resume. A certificate of intention, as issued and approved by the Zoning Officer, shall be valid for a period of one year from the date of issuance. A certificate of intention may be renewed annually by the owner or operator of the nonconforming use. Failure to renew a dertificate of intention shall constitute a deemed abandonment of the use and forfeiture of the legal nonconforming use status of the property. A certificate of intention may not be renewed to exceed a period of two years beyond the original date of issuance.
89:492 § 95-80 WATER § 95-80
ARTICLE X Sign Regulations
§ 95-80. Signs. A. Type and use of signs. All signs shall be classified according to type and use as provided herein: (1) Identification sign. A sign which communicates the name and/or address of an occupant or a permitted home occupation upon the zoning lot on which the sign is located. (2) Business sign. A sign which communicates information concerning a business, profession, commodity, service, entertainment or development which is sold, offered, prepared, manufactured or conducted upon the zoning lot where the sign is located. (3) Billboard or off-premises advertising sign. A sign which communicates information concerning a subject, business, profession, activity, commodity, service, entertainment or development not related to, sold, offered, prepared or manufactured on the zoning lot where the sign is located. (4) Real estate sign. A temporary sign, having an area not greater than eight square feet in area which advertises the sale, rental or development of the premises upon which the sign is located. (5) Subdivision/development advertising sign. A temporary real estate sign, not greater than 60 square feet in area, which advertises the sale of property within an approved subdivision or planned residential development. (6) Institutional sign. A sign which identifies a use pertaining to a school, church, hospital or other institution of a similar public or semipublic nature. (7) On-site directional and/or informational sign. A sign commonly associated with, and limited to, information and directions necessary for visitors entering or exiting a property, including signs marking entrance and exits, parking areas, circulation direction, rest rooms and pickup and delivery areas. Such signs shall contain no advertising material. (8) Subdivision/development identification sign. A sign that displays the name of a subdivision and/or development at an entrance to the site upon which the subdivision or development is located. (9) Electronic message board sign. A sign whose alphabetic, pictographic or symbolic informational content may be changed or altered on a fixed display screen composed of electrically illuminated segments.
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(10)Event signs. A temporary sign advertising private not-for-profit events and fund-raisers such as picnics, bazaars, gaming events, arts and crafts shows, and similar types of fund-raising activities.
§ 95-81. Construction types. All signs shall be classified according to construction types as provided herein: A. Freestanding sign. A sign not attached or applied to a principal building but supported by another structure, including structures designed for the sign itself and accessory structures. B. Wall sign. A sign attached, painted or affixed to the wall of a principal structure or accessory structure, not projecting over any public right- of-way and not extending more than two feet from the building or structure. C. Projecting sign. A sign which projects outward or extends more than two feet from the building or structure.
§ 95-82. Permitted signs by zoning district. The establishment, erection or reconstruction of any sign shall be in accordance with the regulations as set forth herein: A. Identification sign. Such signs shall be permitted in all zoning districts. B. Business signs. Such signs shall be permitted in B-1, B-2, C-1, A-1 and an I-1 Zoning Districts. C. Real estate signs. Such signs shall be permitted in all zoning districts. D. Subdivision/development advertising signs. Such signs shall be permitted in all zoning districts and any PRD Zoning District, upon the creation of such. E. Institutional signs. Such signs shall be permitted in all zoning districts.
F. On-site directional and/or informational sign. Such signs shall be permitted in all zoning districts. G. Billboard signs. Such signs shall be permitted in an I-1 Zoning District. H. Subdivision/development identification signs. Such signs shall be permitted in all zoning districts. I. Electronic message board sign. Such signs shall be permitted B-1 and B-2. J. Event signs. Such signs shall be permitted in all zoning districts.
89:494 § 95-83 WATER § 95-83
§ 95-83. Area, height and setback requirements. The establishment, erection or reconstruction of permitted signs shall be governed by the following regulations: A. Identification sign. An identification sign shall not exceed two square feet in area. Such a sign shall be set back not less than 10 feet from the front lot line. The maximum height of an identification sign, if freestanding, shall not exceed 10 feet in height, or if attached to a building, shall not be higher than the first story of the building to which it is attached. B. Business sign: (1) A business sign shall not exceed the square feet of area for the following zoning districts: (a) C-1 District: 50 square feet. (b) A-1 District: 32 square feet. (c) B-1 District: 75 square feet. (d) B-2 District: 100 square feet. (e) I-1 District: 150 square feet. (2) In a shopping center or an integrated grouping of commercial or industrial uses which is classified as a land development, in addition to permitting each individual business establishment to display a business sign, one sign shall be permitted on the lot that indicates the name of the shopping center and/or the names of the business establishments located therein. Only one such sign shall be permitted on the lot and such sign shall not exceed 300 square feet in area. (3) A business sign shall have a minimum front yard setback of not less than 25% of the required setback for a principal structure in the zoning district in which the sign is located. If an existing building has a front yard setback which is less than 10 feet, the sign shall be attached flat against the building as a wall sign. (4) The maximum height of any business sign shall not exceed 18 feet. C. Real estate sign. A temporary real estate sign shall not exceed eight square feet in area and shall be located on the same lot on which the property is offered for sale or rental. The sign shall be set back not less than 10 feet from the front lot line and shall be removed from the premises within 30 days after the sale or rental of the property. D. Subdivision/development advertising sign. A subdivision/development advertising sign shall be considered a temporary real estate sign and shall not exceed 60 square feet in area. The sign shall be located on the same property on which lots and/or homes in the subdivision are offered
89:495 § 95-83 DALLAS CODE § 95-83
for sale. Not more than one sign shall be erected in any subdivision, and such signs shall be set back not less than 35 feet from the front lot line. The sign shall be removed from the premises within 30 days after the last lot and/or home is sold. E. Institutional sign. An institutional sign for public and semipublic facilities, such as schools, churches, hospitals, libraries, colleges or other institutions of a similar nature, shall not exceed 30 square feet in area. The maximum height of such signs shall not exceed the maximum height restriction established for a principal structure in the district in which the sign is located. An institutional sign shall be not less than 10 feet from the front lot line. F. On-site directional and/or informational sign. An on-site directional and/ or informational sign shall not exceed six square feet in area. A front, rear or side yard setback of not less than five feet shall be required for such signs. The maximum height of such signs shall not exceed six feet. G. Billboard sign or off-premises advertising sign. The following regulations shall apply to any billboard and/or off-premises advertising sign. The advertising surface area of any panel shall not exceed 300 square feet and not more than one double-faced panel shall be permitted on the same structure or standard. (1) Such a sign shall not be located within 200 feet of any residential structure or residential zoning district. (2) There shall be a minimum spacing distance of 1,000 feet between all such signs. (3) Such signs shall be set back not less than 200 feet from the center line of any public right-of-way for vehicular traffic. (4) Such signs shall not be attached to a building nor shall such signs be permitted to project above the maximum height limitation for the zoning district in which it is located. H. Subdivision/development identification sign. A subdivision/ development identification sign shall not exceed 10 square feet in area. Not more than one sign shall be erected at any entrance point to the subdivision/development. Such signs shall be set back not less than 10 feet from the front lot line. I. Event sign. An event sign shall not exceed six square feet in area. Such signs shall not be attached to any tree, utility pole or structure within a public right-of-way. Such signs shall not be posted more than 45 days in advance of the scheduled event and shall be removed within 30 days following the event. J. Number of signs. Excluding on-site directional and/or informational signs, not more than two signs shall be permitted on any property
89:496 § 95-83 WATER § 95-86
located in any zoning district. In the case of a property located upon a corner lot, a total of three signs may be permitted.
§ 95-84. Setback for freestanding signs. The minimum side yard setback and rear yard setback for any freestanding sign shall be the same as the minimum side yard or rear yard setback for a principal structure in the zoning district in which the sign is located. The minimum front yard setback, with the exception of § 95-83F, On-site directional and/or informational sign, and § 95-83G, Billboard sign or off- premises advertising sign, shall be the more restrictive of 25% of the required setback for a principal structure in the zoning district in which the sign is located, or 10 feet. If an existing building has a front yard setback that is less than 10 feet, any new proposed sign shall be attached flat against the building as a wall sign.
§ 95-85. Signs related to nonconforming uses. An existing sign related to a legally established nonconforming use shall be considered a nonconforming sign that may be continued at its present dimensions and location, but shall not be enlarged. Where a nonconforming use is lawfully changed to another nonconforming use, a new sign shall be permitted being the same type and size as the previous sign. The new sign shall be erected on the property at the same location as the previous sign. The sign may be erected at a different location provided it meets all applicable regulations within Article V and for the zoning district in which it is located.
§ 95-86. Area computation of signs. The area of a sign shall be construed to include all lettering, wording and accompanying design and symbols, together with the background including border and trim, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing that are incidental to the display itself. Computation of the area for particular signs shall be in accordance with the following regulations: A. Wall sign. For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording and accompanying design or symbols together with any backing associated with the sign. B. Separate symbols. Where the sign consists of individual letters or symbols attached to or painted on a surface; building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape that encompasses all of the letters and symbols. C. Double-face sign. With the exception of a billboard, when computing the area of a double-face sign, only one sign shall be considered, provided both faces are identical.
89:497 § 95-86 DALLAS CODE § 95-89
D. Cylindrical sign. The area of a cylindrical sign shall be computed by multiplying 1/2 of the circumference by the height of the sign.
§ 95-87. Vertical clearance. A freestanding sign and a projecting sign shall have a vertical distance of not less than nine feet as measured from the lowest edge or point of the sign to the highest ground elevation located beneath the sign.
§ 95-88. Prohibited signs. The following types of signs shall not be permitted in any zoning district: A. Signs that are located in such a position which endangers vehicular and/or pedestrian traffic by obscuring the site distance. B. Signs which by design and/or location may be confused with traffic signs or signals. C. Any sign located in or extending into a public right-of-way, including sidewalk areas, except an official street sign or traffic control sign. D. Any freestanding or projecting sign within an area bounded by the intersection of two public or private streets, for a distance of 20 feet along the center line of the right-of-way of such streets from the point of their intersection. E. Freestanding or projecting signs over any type of public right-of-way, including sidewalk areas. F. Sequential, flashing or oscillating signs, excluding an electronic message board sign as provided for in § 95-82I. G. Signs which due to their construction and/or location would constitute a hazard or a potential danger to the community.
§ 95-89. Permits required. A zoning permit shall be required for the erection, alteration or relocation of any sign that exceeds eight square feet in surface area. Real estate signs and subdivision/land development signs shall be exempt.
89:498 § 95-90 WATER § 95-93
ARTICLE XI Off-Street arkingP and Loading
§ 95-90. Purpose. Off-street parking, loading and unloading facilities shall be provided to lessen traffic congestion in the streets. The facilities required by these provisions shall be available throughout the hours of operation for the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes covered garage or carport or uncovered parking lot space located off the public right-of-way.
§ 95-91. Size of off-street parking spaces. Each off-street parking space shall have an area of not less than 162 square feet, being nine feet in width and 18 feet in length, exclusive of access drives or aisles.
§ 95-92. Dimensions and design. The dimension and design of off-street parking areas, including parking garages, shall comply with the following: A. Stall width shall be not less than nine feet. B. Stall depth shall be not less than 18 feet. C. The minimum width of aisles providing access to stalls, with one-way traffic, varying with the angle of parking shall be as follows: Minimum Aisle Width
Angle of Parking (feet) Parallel 12 30° 11 45° 13 60° 18 90° 20
D. The minimum width for aisles providing access to stalls with two-way traffic shall be 24 feet. E. Interior access ways and aisles shall be designed so as to prevent the blocking of vehicles entering or exiting the site.
§ 95-93. Size of off-street loading spaces. Each off-street loading space shall be not less than 50 feet in depth, 12 feet in width and provide an overhead clearance of not less than 14 feet. All loading areas shall be designed, constructed and used so that all vehicular
89:499 § 95-93 DALLAS CODE § 95-97 maneuvering is contained within the lot and no vehicle shall be permitted to back into or out of the public right-of-way.
§ 95-94. Access to off-street parking or loading areas. There shall be adequate ingress or egress to all parking spaces. There shall be provided an access drive leading to off-street parking and/or loading areas. Such access drive shall not be less than 10 feet in width for residential uses and not less than 20 feet, or greater than 30 feet for any nonresidential use. Access drives to such off-street parking and/or loading areas shall be limited to well-defined locations, not to exceed two along each front, side or rear lot lines. For corner properties, all access drives shall be not less than 35 feet from the intersection of streets, as measured along the right-of-way lines, unless a greater distance is required for a specific use as contained within Article VIII, Supplemental Regulations.
§ 95-95. Location of off-street parking areas. The required off-street parking spaces for any type of use shall be located on the same lot as the principal use to which it is accessory. The required off-street parking may be permitted on another lot subject to the following requirements: A. The lot to be used for off-street parking and the lot on which the principal use is located shall be in the same zoning district. B. The lot to be used for off-street parking and the lot on which the principal use is located shall be held under the same ownership. C. The lot to be used for off-street parking shall be not less than 400 feet to any lot line on which the principal structure is located.
§ 95-96. Drainage and surfacing of off-street parking areas. Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a pavement structure of bituminous asphalt or concrete. The design, location and material for any proposed catch basins may be referred to the Township Engineer for review and approval.
§ 95-97. Screening and landscaping. A. Side yards and rear yards. The side and rear yards areas of properties that contain off-street parking for 10 or more vehicles and/or any off- street loading areas shall be screened along such borders as provided herein: (1) A planting strip not less than five feet in depth, containing ornamental grass, shrubbery, plants and/or a similar vegetative cover that are a minimum of three feet in height at the time of planting.
89:500 § 95-97 WATER § 95-100
(2) Such borders shall also be screened by a substantial, tight fence, six feet in height, or in lieu of a fence, an evergreen hedge not less than five feet in height at the time of planting with a spacing distance of not greater than four feet between each planting. B. Front yards. The front yards areas of properties that contain off-street parking for 10 or more vehicles and/or any off-street loading areas shall be screened along such borders as provided herein: (1) A planting strip not less than 10 feet in depth shall be provided between the parking areas and the abutting street right-of-way except for the location of access drives to the property. Said planting strip shall contain ornamental grass, shrubbery, plants or a similar vegetative cover. (2) Said planting strip shall also contain one shade tree for each 40 linear feet of planting strip. Said trees shall be not less than eight feet in height at the time of planting. C. Interior landscaping. Off-street parking areas that contain 20 or more parking spaces, in addition to the compliance with regulations contained under Subsections A and B of this section, shall provide interior landscaping to said parking area. Said landscaping shall be not less than 5% of the total area that is paved and utilized for parking and or loading. Interior landscaped areas shall contain ornamental grass, shrubbery, plants or a similar vegetative cover and a minimum of one shade tree not less than eight feet in height at the time of planting.
§ 95-98. Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged to reflect the light away from adjoining properties and the public right-of-way.
§ 95-99. Driveways. A. Residential. All driveways shall have a minimum setback distance of 10 feet to any side yard property line. Townhouses, with exception of end units, shall be excluded from this provision. B. Nonresidential uses. All driveways shall have a minimum setback distance of 15 feet to any side yard property line.
§ 95-100. Parking in yard areas. A. Required parking for residential properties shall be permitted within the required front, rear and/or side yard setbacks, provided that the minimum setback distance to any area used for off- street parking is not less than 10 feet to the nearest point of a side yard or rear yard property line and not less than 15 feet from the front yard property line.
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B. Any off-street parking areas for a nonresidential use, when abutting a residential zoning district or a residential property, shall be set back a minimum of 15 feet from the rear yard and any side yard property line.
§ 95-101. Existing structures and uses. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the off-street parking or off-street loading requirements, so long as a structure or use is not changed, altered or expanded. Existing off- street parking or off-street loading facilities provided prior to the adoption of this chapter shall not be reduced below the minimum required in this chapter.
§ 95-102. Changes of structures or uses. Whenever the existing use of a building, structure or land is proposed to be changed to a new use, off-street parking and/or off-street loading facilities shall be provided as required for such new use. However, if said building or structure was erected or the use of the land established prior to the effective date of this chapter, additional off-street parking or off- street loading facilities shall be mandatory only in the amount by which the requirements for the new use would exceed those for the existing use.
§ 95-103. Fractional space. When required parking computation results in fractions, any fraction less than 1/2 shall be disregarded and any fraction equal to or greater than 1/2 shall be construed to require a full space.
§ 95-104. Multiple activities or uses. In any instance where a nonresidential structure, building or use of land contains more than one defined use, the required parking for each specific use shall be provided.
§ 95-105. Off-street parking requirements. A. Any structure, building or use of land hereafter erected, converted, enlarged or placed into use shall comply with the minimum off-street parking spaces as provided herein: (1) Residential structure: two spaces for each dwelling unit. (2) Boarding house or rooming house: two spaces for each guestroom. (3) Personal care facility: two spaces for each person residing therein based upon the maximum number persons permitted under its state license. (4) Churches and similar places of worship: one space for every four seats in the main assembly room or one space for each 12 feet of bench length.
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(5) Places of public or private assembly, including auditoriums or meeting halls: one space for every four seats or one space for each 50 square feet of floor area when there is no fixed seating. (6) Schools, elementary and secondary: one space for each staff member, plus one space for every 20 classroom seats. (7) Day-care facility: One space for each employee, plus one space for every five persons, based upon the maximum number of persons which the facility is licensed to serve. (8) Medical or dental offices or clinics: six spaces for every doctor, dentist, chiropractor or other licensed medical practitioner, plus one for each staff member. (9) Methadone treatment facility: 12 spaces for every doctor, licensed medical practitioner, and/or counselor employed at the facility, plus one additional space for every 100 square feet of gross floor area. (10)Clubs/lodges (private): one space for every 100 square feet of gross floor area. (11)Public uses: one space for every 200 square feet of gross floor area, excluding storage area for vehicles and/or equipment. (12)Public utility facilities: two spaces per facility; if the facility includes maintenance and/or storage yards then the required number of spaces shall be one space for each employee assigned to work at such facility. (13)Outdoor recreational facilities: in cases where such facilities include spectator seating, there shall be one space for every four seats; facilities which do not provide any spectator seating shall provide one space for every 2,000 square feet in the recreational site, plus an additional 10 spaces, if there is a swimming pool and an additional two spaces if there is playground equipment. (14)Retail businesses: one space for every 200 square feet of gross floor area. (15)Restaurants and taverns: one space for every 2 1/2 seats, plus two spaces for every three employees based upon the maximum working shift. (16)Fast-food restaurants: one space for every 80 square of service or dining area. A fast food restaurant with a drive-in window shall, in addition to the above requirements, provide stacking spaces for the drive-through window services in conformance with § 95-70Z of this chapter. (17)Personal services: as defined in Article II of this chapter, such establishments shall provide one space for every 300 square feet of gross floor area.
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(18)Animal hospital: five spaces for every veterinarian. (19)Animal kennel: one space for each kennel and three additional spaces for staff. (20)Group residence: one space for each two employees based upon the maximum working shift and one space for each two residents who are eligible to operate a vehicle. (21)Offices: one space for every 200 square feet of gross floor area. (22)Funeral homes: 20 spaces for each viewing parlor. (23)Self-storage warehouse: one space for every 10 stalls or lockers available for rental, plus one for each employee on the maximum working shift. (24)Gasoline service stations: two exterior spaces for each service bay, one space for each pump, plus one space for every 200 square feet of gross floor area which is used for the sale of retail goods, including food and/or beverages. (25)Automotive sales: one exterior space for every 600 square feet of gross interior floor space plus one additional space per each 5,000 square feet of open sales or display area. (26)Automotive repairs: one exterior space for every 200 square feet of gross interior floor area. (27)Equipment sales and repairs: one exterior space for every 200 square feet of gross floor space. (28)Entertainment facilities: such facilities, as defined in Article II of this chapter, shall require one space for every 200 square feet of gross floor area. (29)Motels and hotels: one space for each unit for guest accommodations plus one space for each two employees on the maximum working shift. Any such facility which also serves food and/or beverages shall also comply with the parking requirements of a restaurant or tavern. (30)Hospitals/nursing homes: one space for every three beds, based upon the maximum number of beds permitted under its state license, plus one space each employee on the maximum working shift. (31)Industrial, manufacturing, wholesale and warehouse establishments, truck terminals, research and testing facilities: one space for every 500 square feet of gross floor area; plus one space for each employee on the maximum working shift; in any case, however, the total parking area shall be not less than 25% of the total gross square feet of the building.
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(32)Sexually oriented businesses. (a) Sexually oriented bookstore: one space for every 100 square feet of gross floor area, plus two additional spaces for every three employees based upon the maximum working shift. (b) Sexually oriented entertainment: one space for every 100 square feet of gross floor area, plus: [1] One additional space for every two seats and/or, one space for each 50 square feet of floor area when there is no fixed seating. [2] Two additional spaces for every three employees based upon the maximum working shift. (c) Massage parlor: One space for every 100 square feet of gross floor area, plus two additional spaces for every three employees based upon the maximum working shift.
§ 95-106. Parking for other commercial uses. Any commercial use or nonresidential use of a structure, building or land not specifically listed within § 95-105 of this chapter shall provide one off- street parking space for every 200 square feet of gross floor area or lot area.
§ 95-107. Off-street loading requirements. All commercial and industrial establishments shall provide off-street loading, unloading and commercial vehicle storage space adequate for their needs. In no case shall a public right-of-way be used for the loading, unloading or storage of such vehicles.
§ 95-108. Provision of handicapped parking spaces. Any business, individual or corporation that owns, leases or operates a facility which includes the provision of public accommodations and/or commercial facilities shall be governed by the provisions of this section. A commercial facility shall include any business whose operations are open to the general public. A facility which provides public accommodations shall include, but may not be limited to the following: A. Places of lodging. B. Establishments serving food or drink. C. Places of exhibition or entertainment. D. Places of public gathering. E. Sales or rental establishments.
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F. Service establishments, stations used for specified public transportation. G. Places of public display or collection. H. Places of recreation. I. Places of education. J. Social service center establishments and places of exercise or recreation.
§ 95-109. Design features for handicapped parking spaces. A. The following provisions shall apply for required handicapped parking spaces: (1) An area not less than five feet in width shall be provided between each handicapped parking space. Said area shall be marked and/or designed to prevent parking therein. (2) An area not less than eight feet in width shall be provided between each van-accessible parking space. Said area shall be marked and/ or designed to prevent parking therein. (3) Vehicular access to handicapped parking areas shall have a minimum vertical clearance of not less than 9 1/2 feet. (4) An off-street parking area shall be designed to provide convenient, accessible routes from the handicapped parking areas to an accessible building entrance and to public streets and sidewalks which adjoin the off-street parking area. B. Handicapped-accessible spaces serving a particular facility shall be located on the shortest accessible route of travel from the parking area to an accessible entrance.
§ 95-110. Signage for handicapped parking. Handicapped-accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Parking spaces designed for vans shall have an additional sign reading "Van-Accessible" mounted below the accessibility sign. Such signs shall be located in a manner so a vehicle cannot obscure them.
§ 95-111. Minimum number of handicapped-accessible spaces. When parking spaces are provided for self-parking by employees or visitors, or both, within the total number of off-street parking spaces required under §§ 95-105 and/or 95-106 of this chapter, the following table shall be used to determine the required number of handicapped-accessible spaces.
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Required Number of Accessible Total Number of Spaces Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total
89:507
§ 95-112 WATER § 95-116
ARTICLE XII Floodplain Management [Amended 8-21-2012 by Ord. No. 2012-6]
§ 95-112. Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,118 delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry.
§ 95-113. Intent. The intent of the regulations as set forth in this article to: A. Promote the general health, welfare, and safety of the community. B. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future. C. Minimize danger to public health by protecting water supply and natural drainage. D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding. E. Comply with federal and state floodplain management requirements.
§ 95-114. Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Dallas Township unless a permit has been obtained from the Floodplain Administrator. A permit shall not be required for minor repairs to existing buildings or structures.
§ 95-115. Abrogation and greater restrictions. The regulations within this article supersede 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 article, the more restrictive shall apply.
§ 95-116. Warning and disclaimer of liability. A. The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on
118.Editor's Note: See 32 P.S. § 679.101 et seq. 89:509 § 95-116 DALLAS CODE § 95-117
acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages. B. This article shall not create liability on the part of Dallas Township or any officer or employee thereof for any flood damages that result from reliance on the provisions of this article or any administrative decision lawfully made thereunder.
§ 95-117. Definitions. A. Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give this article its most reasonable application. B. Specific definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY USE OR STRUCTURE — A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. BASE FLOOD — A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred- year flood"). BASE FLOOD ELEVATION (BFE) — The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. BASEMENT — Any area of the building having its floor below ground level on all sides. BUILDING — A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation. DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
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concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD — A temporary inundation of normally dry land areas. FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) — The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 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 watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. FLOODPROOFING — Any combination of structural and nonstructural 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. FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE — Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
89:511 § 95-117 DALLAS CODE § 95-117
(4) Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior; or (b) Directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR — The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 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 of 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, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after November 2, 2012, and includes any subsequent improvements to such structures. Any construction started after April 1, 1988, and before November 2, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance. NEW MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
89:512 § 95-117 WATER § 95-117
concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. PERMIT — The term "permit" as used throughout this article shall mean a zoning permit which is required by the Dallas Township Zoning Ordinance for the use of property as set forth in § 95-135 of Dallas Township Zoning Ordinance. The regulations contained within this article shall be deemed to be supplemental as an overlay to the underlying regulations contained in the Zoning District in which a property is located. PERSON — An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties. RECREATIONAL VEHICLE — A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOOD ELEVATION — The base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet. REPETITIVE LOSS — Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred. SPECIAL FLOOD HAZARD AREA (SFHA) — An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH. START OF CONSTRUCTION — Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the fast placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part
89:513 § 95-117 DALLAS CODE § 95-117
of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. 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 divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, 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 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. SUBSTANTIAL DAMAGE — Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceeds 50% or more of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT — (1) Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss when a repetitive loss provision is used) regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this article must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. UNIFORM CONSTRUCTION CODE (UCC) — The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the
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municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC. VIOLATION — The failure of a structure or other development to be fully compliant with the applicable floodplain management regulations of Dallas Townships set forth in this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4) or (e)(5) and within this article is presumed to be in violation until such time as that documentation is provided.
§ 95-118. Designation of Floodplain Administrator. The Zoning Officer is hereby appointed to administer and enforce the provisions of this article and is referred to herein as the Floodplain Administrator.
§ 95-119. Permits required. A permit shall be required before any construction or development is undertaken within any area of Dallas Township.
§ 95-120. Duties and responsibilities of Floodplain Administrator. A. The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this article and all other applicable codes and ordinances. B. Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the 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);119 the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);120 the Pennsylvania Clean Streams Act (Act 1937-394, as amended);121 and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made. C. In the case of existing structures, prior to the issuance of any development permit, the Floodplain Administrator shall review the
119.Editor's Note: See 35 P.S. § 750.1 et seq. 120.Editor's Note: See 32 P.S. § 693.1 et seq. 121.Editor's Note: See 35 P.S. § 691.1 et seq. 89:515 § 95-120 DALLAS CODE § 95-121
history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued. D. During the construction period, the Floodplain Administrator 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 municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary. E. In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this article. F. In the event the Floodplain Administrator 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 Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary. G. The Floodplain Administrator shall maintain all records associated with the requirements of this Article including, but not limited to, permitting, inspection and enforcement. H. The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
§ 95-121. Application procedures and requirements. A. Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by Dallas 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 occur. (3) Name and address of contractor. (4) Site location, including address. (5) Listing of other permits required. (6) Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
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(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 permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that: (1) All such proposals are consistent with the need to minimize flood damage and conform to the requirements of this Article and all other applicable codes and ordinances; (2) All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided so as to reduce exposure to flood hazards; (4) Structures will be anchored to prevent floatation, collapse, or lateral movement; (5) Building materials are flood-resistant; (6) Appropriate practices that minimize flood damage have been used; (7) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation. C. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination: (1) A completed zoning permit application form. (2) A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following: (a) North arrow, scale, and date; (b) Topographic contour lines, if available; (c) The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development; (d) The location of all existing streets, drives, and other accessways; and (e) The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information
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pertaining to the floodway and the flow of water, including direction and velocities. (3) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: (a) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988; (b) The elevation of the base flood; (c) Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC. (4) The following data and documentation: (a) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation; (b) Detailed information concerning any proposed floodproofing measures and corresponding elevations. (c) Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within a special floodplain area (see § 95-130B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point. (d) A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development; (e) Detailed information needed to determine compliance with § 95-133.2, Storage, and § 95-133.3, Development which may endanger human life, including: [1] The amount, location and purpose of any materials or substances referred to in §§ 95-133.2 and 95-133.3 which are intended to be used, produced, stored or otherwise maintained on site. [2] A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 95-133.3 during a base flood.
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(f) The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development;" (g) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control. (5) Applications for permits shall be accompanied by a fee, payable to Dallas Township, based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
§ 95-122. Review by County Conservation District. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan.
§ 95-123. Review of application by others. 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 Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
§ 95-124. Changes. After the issuance of a permit by the Floodplain Administrator, 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 or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Floodplain Administrator for consideration.
§ 95-125. Placards. In addition to the permit, the Floodplain Administrator 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 permit the date of its issuance and be signed by the Floodplain Administrator.
§ 95-126. Start of construction. A. Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within
89:519 § 95-126 DALLAS CODE § 95-127
12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/ or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. B. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.
§ 95-127. Enforcement. A. Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall: (1) Be in writing; (2) Include a statement of the reasons for its issuance; (3) Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(4) 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; (5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article. B. Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a misdemeanor and upon conviction shall pay a
89:520 § 95-127 WATER § 95-130
fine to Dallas Township of not less than $25 nor more than $600 plus costs of prosecution. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
§ 95-128. Appeals. A. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this article may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator. B. Upon receipt of such appeal the Zoning Hearing Board shall convene a hearing in accordance with the procedures set in Article XV, § 95-149, Hearings. C. Any person aggrieved by any decision of the Zoning Hearing Board may seek relief there from by appeal to court, as provided by the laws of this state including the Pennsylvania Flood Plain Management Act.
§ 95-129. Identification of floodplain areas. A. The identified floodplain area shall be any areas of Dallas Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated April 1, 1988, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
B. The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Dallas Township and declared to be a part of this article.
§ 95-130. Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas: A. The Floodway Area/District Identified as Floodway in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which
89:521 § 95-130 DALLAS CODE § 95-131
have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS. (1) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall not be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office. B. The AE Area/District without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated. (1) No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE than one (1) foot at any point. C. The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-percent-annual-chance flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. 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 certify 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 municipality. D. The Shallow Flooding Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
89:522 § 95-131 WATER § 95-133
§ 95-131. Changes in identification of area. The identified floodplain area may be revised or modified by the Dallas Township Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA of the changes by submitting technical or scientific data.
§ 95-132. Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Dallas Township Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Dallas Township Zoning Hearing Board. The burden of proof shall be on the appellant.
§ 95-133. Technical provisions. A. General. (1) Alteration or relocation of watercourse. (a) 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 municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection regional office. (b) No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way. (c) In addition, the FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse. (2) Technical or scientific data shall be submitted by Dallas Township to FEMA for a Letter of Map Revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required are: (a) Any development that causes a rise in the base flood elevations within the floodway; or
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(b) Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or (c) Alteration or relocation of a stream (including but not limited to installing culverts and bridges). (3) Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations. (4) Within any identified floodplain area (see § 95-130) new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
§ 95-133.1. Elevation and floodproofing requirements. A. Residential structures. (1) In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. (2) In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 95-130C of this article. (3) In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM. (4) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized. B. Nonresidential structures. (1) In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation: (a) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
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(b) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (2) In A Zones, where there no Base Flood Elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 95-130C of this article. (3) In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM. (4) Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other 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. (5) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized. C. Space below the lowest floor. (1) Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces. (2) Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: (a) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space. (b) The bottom of all openings shall be no higher than one foot above grade.
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(c) Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. D. Historic structures. See the definition of "substantial improvement" in § 95-117 for requirements for the substantial improvement of any historic structures. E. Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements: (1) The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity. (2) Floor area shall not exceed 750 square feet. (3) The structure will have a low damage potential. (4) The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters. (5) Power lines, wiring, and outlets will be elevated to the regulatory flood elevation. (6) Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited. (7) Sanitary facilities are prohibited. (8) The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria; (a) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
§ 95-133.2. Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area: 89:526 § 95-133.2 WATER § 95-133.2
A. Fill. If fill is used, it shall: (1) Extend laterally at least 15 feet beyond the building line from all points; (2) Consist of soil or small rock materials only; sanitary landfills shall not be permitted; (3) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling; (4) Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator; and (5) 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 insure 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 supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters. (2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters. (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 regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood. (4) The design and construction provisions of the UCC and FEMA No. 348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code shall be utilized. D. 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 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 § 95-133.3, Development which may endanger human
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life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible. G. Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater. H. Anchoring. (1) All 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 affixed to prevent flotation. I. Floors, walls and ceilings. (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 without causing structural damage to the building. (2) Plywood used at or below the regulatory flood 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 will 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 and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality. (2) Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety. (3) All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a "marine" or "water-resistant" paint or other finishing material. K. Electrical components. (1) Electrical distribution panels shall be at least three feet above the base flood elevation.
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(2) Separate electrical circuits shall serve lower levels and shall be dropped from above. L. Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation. M. Fuel supply systems. All gas- and oil-supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs. N. Uniform Construction Code coordination. The standards and specifications contained in 34 Pa. Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this article, to the extent that they are more restrictive and/or supplement the requirements of this article: (1) International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G. (2) International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
§ 95-133.3. Development which may endanger human life. A. In accordance with the Pennsylvania Flood Plain Management Act,122 and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will 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 will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life: (1) Acetone. (2) Ammonia. (3) Benzene. (4) Calcium carbide.
122.Editor's Note: See 32 P.S. § 679.101 et seq. 89:529 § 95-133.3 DALLAS CODE § 95-133.4
(5) Carbon disulfide. (6) Celluloid. (7) Chlorine. (8) Hydrochloric acid. (9) Hydrocyanic acid. (10)Magnesium. (11)Nitric acid and oxides of nitrogen. (12)Petroleum products (gasoline, fuel oil, etc.). (13)Phosphorus. (14)Potassium. (15)Sodium. (16)Sulphur and sulphur products. (17)Pesticides (including insecticides, fungicides, and rodenticides). (18)Radioactive substances, insofar as such substances are not otherwise regulated. B. Within any floodway area, any structure of the kind described in Subsection A, above, shall be prohibited. C. Within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse. D. Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A, above, shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation, and designed to prevent pollution from the structure or activity during the course of a base flood elevation. 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 floodproofing contained in the publication "Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
§ 95-133.4. Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood 89:530 § 95-133.4 WATER § 95-133.7 elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
§ 95-133.5. Special requirements for manufactured homes. A. Within any FW (Floodway Area), manufactured homes shall be prohibited. B. Within any approximate floodplain or special floodplain area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse. C. Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be: (1) Placed on a permanent foundation. (2) Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation. (3) Anchored to resist flotation, collapse, or lateral movement. D. Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 Pa. Code Chapters 401-405. E. Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the unit's proposed installation.
§ 95-133.6. Special requirements for recreational vehicles. Recreational vehicles in Zones A, A1-30, AH and AE must either: A. Be on the site for fewer than 180 consecutive days; B. Be fully licensed and ready for highway use; or C. Meet the permit requirements for manufactured homes in § 95-133.5.
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§ 95-133.7. Prohibited uses. The development of the following uses and/or activities, including new construction, expansion, enlargement, and/or substantial improvement, is hereby prohibited in any area of a designated one-hundred-year floodplain: A. Hospitals. B. Nursing homes (public or private). C. Jails, prisons, or any similar detention facility; D. Manufactured home park or manufactured home subdivision.
§ 95-133.8. Existing structures in identified floodplain areas. A. Existing structures. The provisions of this article do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 95-133.9B shall apply. B. Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area: (1) 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 base flood elevation. (2) No expansion or enlargement of an existing structure shall be allowed within any Special Floodplain Area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point. (3) Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this article. (4) The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC. (5) Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this article.
§ 95-133.9. Variances. A. General. If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board of Dallas Township
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may, upon request, grant relief from the strict application of the requirements. B. Variance procedures and conditions. Requests for variances shall be considered by the Zoning Hearing Board of Dallas Township in accordance with the procedures contained in § 95-128 of this article and the following: (1) No variance shall be granted for any construction, development, use, or activity within any identified floodplain that would cause any increase the BFE. (2) No variance shall be granted for any use, activity and/or development that is prohibited under § 95-133.7 of this article. (3) Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 95-133.3, Development which may endanger human life. (4) If granted, a variance shall involve only the least modification necessary to provide relief. (5) In granting any variance, the Zoning Hearing Board of Dallas 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 article. (6) Whenever a variance is granted, the Zoning Hearing Board of Dallas Township shall notify the applicant in writing that: (a) The granting of the variance may result in increased premium rates for flood insurance. (b) Such variances may increase the risks to life and property. (7) In reviewing any request for a variance, the Zoning Hearing Board of Dallas Township shall consider, at a minimum, the following: (a) That there is good and sufficient cause. (b) That failure to grant the variance would result in exceptional hardship to the applicant. (c) That the granting of the variance will: [1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
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[2] Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations. (8) A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board of Dallas Township. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA. C. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
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ARTICLE XIII Enforcement and Administration
§ 95-134. Zoning Officer. A. Appointment. A Zoning Officer, who shall not hold any elected office within Dallas Township, shall be appointed by the Township Board of Supervisors. The Zoning Officer shall meet qualifications established by Dallas Township, which shall, at minimum, include a working knowledge of municipal zoning. B. Duties and powers of the Zoning Officer. It shall be the duty of the Zoning Officer to enforce the provisions of this chapter in accordance with its literal terms, and said Officer shall not have the power to permit any construction, alteration or any use or change of use to land or structure which does not conform to the applicable provisions within this chapter. The Zoning Officer's duties shall include but are not limited to the following: (1) Receive and review all applications for zoning permits and to approve and issue zoning permits when warranted. (2) Keep an official record of all business and activities, including all complaints of zoning violations of any of the provisions of this chapter and the resulting action of said complaints. (3) Conduct inspections of properties as required to fulfill his/her duties. In conducting such activities, the Zoning Officer may have access to any land, building or structure, subject to the consent and/or right of entry by the owner or tenant or by securing a search warrant issued by a court of proper jurisdiction. (4) Issue permits as authorized by the Zoning Hearing Board or the Planning Commission, pursuant to the requirements and applicable procedures of this chapter or by written order of a court of proper jurisdiction. (5) Issue certificates of zoning compliance in accordance with the terms and provisions of this chapter. (6) Issue Certificates of nonconformity to nonconforming uses and/or structures and to maintain a listing of such as required. (7) Maintain the Zoning Map showing the current zoning districts of all land and the zoning text, including amendments thereto. (8) Notify the Zoning Hearing Board, Planning Commission or Board of Supervisors of required and/or requested hearings based upon the completion of his review and processing of applications for a zoning permit. The submission of an application for a zoning permit to the Zoning Officer and his determination that a hearing before the Board is either required or requested shall be a prerequisite for
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any application being forwarded to the Zoning Hearing Board for consideration. (9) Participate in proceedings before the Zoning Hearing Board, Planning Commission or Board of Supervisors and at their request, furnish such facts, records and similar information which may assist them in rendering decisions. (10)In the event of a violation of this chapter, provide written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct the violation. Such written notice may be served personally or by certified mail. Corrective action may include an order to cease and desist the illegal use and/or activity of land, buildings, signs, or structures; or to remove illegal buildings, structures, additions, signs, and/or structural alterations.
§ 95-135. Zoning permit. A. Issuance of permit. No building, structure or sign shall be erected, constructed, moved, added to or structurally altered, nor shall any land, structure or building be put to any use without first obtaining a zoning permit from the Zoning Officer. No application shall be submitted to or considered by the Zoning Hearing Board until the Zoning Officer has received an application for a zoning permit and has determined that an approval and/or review by the Zoning Hearing Board, Planning Commission or Board of Supervisors is required or requested by the applicant. No such permit shall be issued except in conformity with the provisions of this chapter or upon written approval from the Zoning Hearing Board in the form of a special exception, variance or an administrative appeal, upon written approval from the Board of Supervisors in the form of a conditional use permit or as otherwise provided for by this chapter or any court of proper jurisdiction. Normal and routine maintenance and repairs to a structure shall be exempt from obtaining a zoning permit. Interior remodeling of a structure shall also be exempt from obtaining a zoning permit, provided that such remodeling does not include structural alterations or result in a change in the use of the structure. B. Form of application. All applications for permits shall be made in writing by the owner, his authorized agent or equitable owner and shall be filed with the Zoning Officer on forms prescribed by the same. All applications which seek approval, involving new construction, additions, structural alterations, a change of use and/or any other form of improvements to a property shall be accompanied by two sets of plans and information which includes but is not limited to the following: (1) A plan drawn to scale indicating the actual dimensions and shape of the lot to be built upon and a written statement that the applicant is the owner or authorized agent of the owner or equitable owner.
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(2) The exact size and location on the lot of existing and/or proposed structures, buildings or signs, including proposed additions thereto. (3) The number and type of dwelling units, if applicable. (4) The amount and location of parking and/or loading facilities. (5) The existing use and/or proposed use of the property. (6) The height of the building, structure and/or sign. (7) A detailed scale drawing of all signs, existing and proposed, indicating their location and how they are and/or will be affixed to the property. (8) Existing and/or proposed access to the site, including the name of the public street and/or road.
(9) Any other information deemed necessary by the Zoning Officer to determine conformance with the provisions and regulations of this chapter. C. Processing applications. The Zoning Officer shall return one copy of the plans and accompanying information to the applicant upon marking such copies approved or denied and attested to the same by his signature. One copy of the plans and accompanying information shall be retained by the Zoning Officer and kept on file. D. Time period for processing application. A properly completed zoning permit shall be approved or denied within 30 days from the date of receipt of a completed application and plans along with any additional information as required by the Zoning Officer. A zoning permit shall not be deemed complete until all applicable and associated fees are paid in full. In cases of denial, the applicant shall be informed of his/her rights of appeal as prescribed within this chapter. Such notice shall be in writing under the signature of the Zoning Officer. E. Expiration of zoning permit. A zoning permit shall expire one year from the date of issuance if the work described in said permit has not commenced, including permits authorized to be issued by the Zoning Hearing Board. If the work described within the zoning permit has commenced within the prescribed one-year period, the permit shall expire two years from the date of issuance. In such cases, should the applicant wish to pursue the work described within the expired permit, a new application shall be required with the payment of new fees. F. Revocation of permits. The Zoning Officer may revoke a permit or approval issued in error under the provisions of this chapter or in the case of any false statements or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other just cause as set forth in this chapter.
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§ 95-136. Certificate of zoning compliance. A certificate of zoning compliance, issued by the Zoning Officer, shall be required prior to the occupation for the use or change of use of any building, structure or land. Residential accessory structures and agricultural uses shall be exempt from securing a certificate of zoning compliance. It shall be unlawful to use and/or occupy any structure, building and/or land or portions thereof in any manner until a certificate of zoning compliance has been issued and obtained from the Zoning Officer. A. Applications. All applications for a certificate of zoning compliance shall be made in writing on forms prescribed by the Zoning Officer and shall include all information necessary for the Zoning Officer to ascertain compliance with the subject zoning permit and this chapter. B. Issuance of certificate of zoning compliance. A certificate of zoning compliance shall not be issued until the Zoning Officer has certified the proposed use complies with all provisions and regulations of this chapter or upon written order from the Zoning Hearing Board or any court of proper jurisdiction. C. Time limitation. An application for a certificate of zoning compliance shall be approved or denied within 30 days after the Zoning Officer has been officially notified of either the completion of construction or the request to occupy and use land where no construction is involved.
§ 95-137. Enforcement procedures. A. Notice of violation. If, in the judgment of the Zoning Officer, it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending a violation notice to the owner of record of the parcel of land on which the violation has occurred, to any person who has filed a written request to receive violation notices regarding the parcel of land and to any other person requested in writing by the owner of record. The violation notice shall include, but may not be limited to the following:
(1) The name of the owner of record and any other person against whom Dallas Township intends to take action. (2) The location and/or address of the property in violation. (3) The specific violations with a description of the requirements which have not been met, citing in each instance the applicable sections and provisions of this chapter. (4) The date by which the steps for compliance must be commenced and the date by which the steps for compliance must be completed. (5) That the recipient of the violation notice has the right to appeal the violation notice and request a hearing on the same before the Zoning Hearing Board within 30 days from the issuance of
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the violation notice. Section 95-149M shall govern the procedural process of any appeal of a violation notice. (6) Failure to comply with the notice within the specified time period, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation, with a description of sanctions which shall result to correct or abate the violation. B. 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 chapter, Township Board of Supervisors or, with the approval of the Township Board of Supervisors, an officer or agent of Dallas Township, or any aggrieved owner or tenant of real property who 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 proceedings 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 of this chapter. When such action is instituted by a landowner or tenant, notice of that action shall be served upon Dallas Township not less than 30 days prior to the time the action is begun by serving a copy of the complaint to the Township Board of Supervisors. No action may be taken until such notice has been given. C. Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Subsection D of this section. D. Enforcement remedies. (1) Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceedings commenced by Dallas Township or the Zoning Officer, shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by Dallas Township as a result of said proceedings. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, Dallas Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. In such cases, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable
89:539 § 95-137 DALLAS CODE § 95-138
attorney fees collected for the violation of this chapter shall be paid over to Dallas Township. (2) The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. (3) Nothing contained in this section shall be construed or interpreted to grant any person or entity other than Dallas Township the right to commence any action for enforcement pursuant to this section.
§ 95-138. Schedule of fees, charges and expenses. The Township Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of zoning compliance, certificates of nonconformance, appeals to the Zoning Hearing Board, applications for conditional uses, amendments to the Zoning Ordinance or Zoning Map and any other matters pertaining to the administration of this chapter. The schedule of fees, charges and expenses shall be available for public inspection and may be altered or amended by resolution of the Township Board of Supervisors. No action shall be taken on any application, appeal or certificate until all related fees, charges and expenses have been paid in full. An application shall not be deemed as filed until completed and submitted with payment in full of appropriate fees and applicable supporting documentation.
89:540 § 95-139 WATER § 95-139
ARTICLE XIV Amendments
§ 95-139. Amendment procedure. The provisions of this chapter and the boundaries of the zoning districts as set forth upon the Zoning Map may from time to time be amended by the Township Board of Supervisors in accordance with the provisions as set forth in the Pennsylvania Municipalities Planning Code, Act 247, as amended.123 Prior to adopting any amendment to this chapter or to the Zoning Map, the following procedures shall be met: A. Any proposed amendment not initiated by the Township Planning Commission shall be referred to the Township Planning Commission not less than 30 days prior to a public hearing before the Township Board of Supervisors to provide the Township Planning Commission an opportunity to submit any comments or recommendations regarding the proposed amendment. B. Prior to voting on the enactment of any proposed amendment, the Township Board of Supervisors shall hold a public hearing pursuant to public notice. If, after any public hearing held upon a proposed amendment, said amendment is substantially changed, or is revised to include land not previously affected by the proposed amendment, the Township Board of Supervisors shall hold another public hearing before proceeding to vote on the amendment. C. Any recommendation of the Township Planning Commission shall be submitted to the Township Board of Supervisors in writing. D. Not less than 30 days prior to the public hearing, the Township Board of Supervisors shall submit the proposed amendment to the Luzerne County Planning Commission for its comments and recommendation. In addition to the proposed amendment, the Township Board of Supervisors shall submit any required fees charged by the Luzerne County Planning Commission for their review. E. Proposed action shall not be taken until the Township Planning Commission and the Luzerne County Planning Commission comments and recommendations are submitted to the Township Board of Supervisors. If either Commission fails to act within 30 days from its receipt of the proposed amendment, the Township Board of Supervisors may proceed without such recommendation. F. When a proposed amendment involves a Zoning Map change, the following procedures shall be applicable: (1) Notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient along the perimeter of the tract to notify potentially interested citizens. The affected tract or
123.Editor's Note: See 53 P.S. § 10101 et seq. 89:541 § 95-139 DALLAS CODE § 95-140
area shall be posted not less than one week prior to the date of the public hearing. (2) Notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property and to those properties located within a distance of 200 feet of any property boundary line of the property subject to the proposed zone change as evidenced by tax records within the Luzerne County Tax Assessment Office. The party requesting the zoning boundary amendment shall be responsible for securing such information and providing the same to the Township. The notice shall include the location, time and date of the public hearing. A good faith effort and substantial compliance shall be deemed to satisfy this requirement. While it shall be the intent of Dallas Township to provide written notice to such owners, failure to do so shall not invalidate an otherwise duly enacted ordinance that amends the Zoning Map. (3) The above requirement shall not apply when the rezoning constitutes a comprehensive rezoning.
§ 95-140. Applications for amendments to text or Map. The application for a proposed amendment, which is not submitted as a curative amendment, to the text of this chapter or to the Zoning Map shall be submitted in writing to the Zoning Officer, who shall process said application in accordance with § 95-139 of this chapter. An application shall contain the following information, as applicable: A. The applicant's name and address and/or the name and address of his authorized agent or the equitable owner. B. A copy of the deed to the property, and when the applicant is not the owner of the property, appropriate documentation to establish the applicant's standing as the equitable owner.
C. A signed statement by the owner of record, or applicant as the case may be, attesting to the truth of the facts of all information contained within the application. D. A scaled plan of the area proposed to be rezoned, which indicates abutting streets, the zone classification of adjoining properties and the names and addresses of the true and correct owners of record within the area proposed to be rezoned and physically bordering the area to be rezoned as evidenced by tax records within the Luzerne County Tax Assessor's Office. E. Plans, drawings and explanatory material, which describes in detail the applicant's proposed use and/or development of the property.
89:542 § 95-140 WATER § 95-141
F. Specify those sections of this chapter or areas upon the Zoning Map which will be affected by the proposed amendment.
§ 95-141. Curative amendments. A. Initiated by landowner. (1) A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map, or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Township Board of Supervisors with a written request that his challenge and proposed amendment to cure the alleged defect, be heard and decided by the Township Board of Supervisors. In addition to the written request and proposed amendment, the landowner shall also submit plans, drawings and explanatory material which describes in detail his proposed use or development. The Township Board of Supervisors shall commence a public hearing pursuant to public notice within 60 days of the landowner's request. The sixty-day period shall not commence until all required information and material is submitted, along with all related fees. Failure to convene a public hearing within 60 days of the landowner's request shall not result in a deemed approval. (2) The curative amendment and supporting information shall be referred to the Township Planning Commission and the Luzerne County Planning Commission for its review and comment not less than 30 days prior to the public hearing. (3) The public hearing before the Township Board of Supervisors shall be conducted in accordance with the procedures contained in § 95-139 of this chapter and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Township Board of Supervisors. Public notice of the required public hearing shall include notice of the validity of those particular provisions of this chapter and/or the Zoning Map which are in question, along with the place where the proposed amendment, plans, drawings, explanatory material and any other pertinent information may be examined by the public. (4) If the Township Board of Supervisors determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revisions, or it may adopt an alternative amendment which will cure the challenged defects. The Township Board of Supervisors shall consider in addition to the landowner's proposed curative amendment, plans, drawings and explanatory material the following items: (a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
89:543 § 95-141 DALLAS CODE § 95-141
(b) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter and/or Zoning Map. (c) The suitability of the site for the intensity of use proposed in relationship to the site's soils, slopes, woodlands, floodplains, aquifers, natural resources and other natural features. (d) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features, in relationship to the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts. (e) The impact of the proposal on the preservation of agriculture and any other land uses which are essential to the public health and welfare. (5) The proposed curative amendment shall be deemed denied in accordance with any of the following: (a) Failure to commence the public hearing within 60 days of the landowner's request. (b) When the Township Board of Supervisors notifies the landowner that it will not adopt the curative amendment. (c) When the Township Board of Supervisors adopts another curative amendment which is unacceptable to the landowner. (d) When the Township Board of Supervisors fails to act on the request within 45 days after the close of the last public hearing on the request, unless the time is extended by mutual consent by the landowner and the Township Board of Supervisors. B. Initiated by the Township. (1) If the Township Board of Supervisors determines this chapter or the Official Zoning Map, or any portion thereof, to be substantially invalid, it shall declare such by a formal action and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following said declaration, the Township Board of Supervisors shall by resolution make specific findings setting forth the declared invalidity which may include: (a) References to specific uses which are either not permitted or not permitted in sufficient quantity. (b) Reference to a class of use or uses which require revision.
89:544 § 95-141 WATER § 95-142
(c) Reference to the entire ordinance and/or map which requires revisions. (2) Within 180 days from the date of the declaration and proposal as set forth in this section, the Township Board of Supervisors shall enact a curative amendment to correct those portions deemed invalid or reaffirm the validity of those portions initially deemed to be invalid. Upon the initiation of procedures as set forth in this section, the Township Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment, nor shall the Zoning Hearing Board be required to consider a substantive challenge to the validity of the Zoning Ordinance or Zoning Map, pursuant to § 95-151 of this chapter, based upon grounds identical to or substantially similar to those specified in the Township Board of Supervisors' resolution. (3) The Township Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter and/or Zoning Map. However, if after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, Township may utilize the provisions of this section to prepare a curative amendment to fulfill said duty or obligation.
§ 95-142. Enactment of amendments. A proposed amendment to this chapter or to the Zoning Map shall be enacted in conformance with the following: A. The Township Board of Supervisors shall conduct a public hearing pursuant to public notice and in accordance with the procedures as contained within § 95-139 of this chapter. B. Public notice shall include the time, place and date of the meeting at which enactment will be considered and a place within Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. C. Public notice shall include either the full text of the amendment or the title and a brief summary of the amendment as prepared by the municipal solicitor. If the full text is not included, then a copy of such shall be supplied to the newspaper in which the public notice is published, and an attested copy to the County Law Library. D. In the event substantial changes are made to the proposed amendment, before voting upon enactment, the Township Board of Supervisors shall, not less than 10 days prior to enactment, readvertise in one newspaper
89:545 § 95-142 DALLAS CODE § 95-143
of general circulation in Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the changes.
§ 95-143. Notification to county. Within 30 days after the enactment of an amendment to this chapter or to the Zoning Map, a copy of the amendment shall be forwarded to the Luzerne County Planning Commission.
89:546 § 95-144 WATER § 95-147
ARTICLE XV Zoning Hearing Board
§ 95-144. Membership of Board. The membership of the Zoning Hearing Board shall consist of three residents of Dallas Township appointed by the Dallas Township Board of Supervisors by resolution. The terms of office for Board members shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township, including membership upon the Planning Commission.
§ 95-145. Alternates to Zoning Hearing Board. The Township Board of Supervisors may appoint by resolution one resident of Dallas Township to serve as an alternate member of the Board. When seated pursuant to the provisions of § 95-147 of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board Members, including specifically the right to cast a vote as a voting member during proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. An alternate shall hold no other office in the Township, including membership on the Planning Commission. An alternate may participate in any proceedings or discussions of the Board, but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 95-147 of this chapter. The term of office for an alternate member of the Zoning Hearing Board shall be one year.
§ 95-146. Removal of members. Any Board member or alternate may be removed for malfeasance, misfeasance or nonfeasance in office or for any other just cause by the Township Board of Supervisors. Prior to any vote by the Township Board of Supervisors, the member shall receive notice 15 days in advance of the date at which it intends to take such a vote. A hearing before the Township Board of Supervisors shall be held in connection with the vote, if the member requests a hearing in writing.
§ 95-147. Organization of Board. A. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. The Board, however, may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further
89:547 § 95-147 DALLAS CODE § 95-149
action by the Board as provided in § 95-149. If by any reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Board shall designate the alternate member of the Board to be seated to establish a quorum. The alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. B. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of Dallas Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit an annual report of its activities to the Township Board of Supervisors.
§ 95-148. Expenditures for services. Within the limits of appropriated funds, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and technical services which they may deem necessary to augment the Board in the performance of their duties.
§ 95-149. Hearings. The Zoning Hearing Board shall conduct hearings and render decisions in accordance with the following: A. Notice of hearings before the Board shall be by public notice; a notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of matters to be considered at the hearing by the Board. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. B. Written notice.
(1) Written notice of all hearings before the Board shall be conspicuously posted on the affected property not less than one week prior to the hearing. (2) Written notice of all hearings before the Board shall be conspicuously posted on the affected property by the owner at least one week prior to the hearing. The owner shall provide the Hearing Board with a notarized affidavit of posting. (3) Written notice shall be given to the following parties: (a) The Zoning Officer. (b) The applicant.
89:548 § 95-149 WATER § 95-149
(c) The owner of record of the subject property before the Board, if different than that of the applicant. (d) The owner of record of any property which has an adjoining or contiguous property boundary with the subject property before the Board. An adjoining or contiguous property boundary shall be deemed to also include such properties which have any amount of opposite front, rear or side yard areas including those properties that are separated from the subject property before the Board by a public or private street, road, alley and/ or similar right-of-way. In cases of a corner property subject to a hearing before the Board, in addition to the owners of record with an adjoining or contiguous property boundary, notice shall also be given to any owner of record of any property which has frontage along the intersection of the public or private streets or roads in question. (e) Any party or person who has submitted a written request to receive notification on the subject property. The applicant shall be responsible for providing the Zoning Hearing Board with the names and addresses of the true and correct owners of record based upon the records contained in the Luzerne County Tax Assessor's Office. While it shall be the intent of the Dallas Township Zoning Hearing Board to provide written notice to property owners which have a common side yard, rear yard or opposite frontage to the subject property before the Board, failure to do so shall not represent a basis for appeal or otherwise invalidate a decision and/or finding of the Zoning Hearing Board. C. The Township Board of Supervisors may prescribe reasonable fees with respect to hearings before the Board. Fees for said hearings may include compensation for the secretary, and if applicable, members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board or expenses for engineering, architectural or other technical consultants or expert witnesses. D. The first hearing shall be held within 60 days from the applicant's request, unless the applicant has agreed in writing to an extension of time. The sixty-day time period shall not commence until the applicant has submitted a properly completed application, with all required signatures, supporting information, the names and mailing addresses of parties to receive notice of the hearing, and all required fees. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Zoning Hearing Board or Hearing Officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including 89:549 § 95-149 DALLAS CODE § 95-149
the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in- chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of hearings. Persons opposed to the application may, upon written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal. E. Hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board, unless the appellant or applicant, as the case may be, in addition to the Township, agree to waive any decision or findings by the Board and accept the decision or findings of the hearing officer as final. If the decision or findings of the hearing officer are to be accepted as final, all parties to the hearing must agree to such stipulation at the outset of the hearing. F. The parties to the hearing shall be the Township, any person affected by the application who has made a timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties to the hearing enter appearances in writing on forms provided by the Board for such purpose. G. The presiding chairman or acting chairman of the Board or hearing officer shall have the power to administer oaths and issue subpoenas to compel attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties to the hearing. H. The parties to the hearing shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and arguments and to cross-examine adverse witnesses on all relevant issues. I. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. J. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer, or shall be paid by the person appealing from the decision of the Board, if such appeal is made and in the event the cost of additional copies shall be paid by the
89:550 § 95-149 WATER § 95-149
person requesting such copies. In other cases, the party requesting the original transcript shall bear the cost thereof. K. The Board, collectively or individually, or the hearing officer, shall not communicate directly or indirectly with any party or his representatives in connection with any issue before the Board involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless all parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. L. The Board or the hearing officer, as the case may be, shall render a written decision or, if no decision is called for, provide written findings on the application within 45 days after the last hearing before the Board or hearing officer. If the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or any other ordinance, rule or regulation, shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties of record within 45 days. The parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, with the Board's decision entered no later than 30 days after the report of the hearing officer. If the Board fails to commence, conduct or complete the required hearing as provided for under Subsection D, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. If a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided under Subsection A and written notice of the decision shall be mailed to those parties identified under Subsection B. If the Board fails to provide such notice, the applicant may do so. Nothing contained within this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. M. Any appeal of an enforcement notice under § 95-137A of this chapter to the Zoning Hearing Board shall require that the Zoning Officer and/ or Township provide its evidence first to the Board regarding the basis, nature and supporting information regarding the subject enforcement notice. Upon the conclusion of the same, the appealing party shall provide the Board with his/her evidence in contesting the subject
89:551 § 95-149 DALLAS CODE § 95-150
enforcement notice. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to said party, if Zoning Hearing Board or any subsequent Court rules in favor of the appealing party. N. The final decision or, where no decision is called for, the findings shall be rendered by the Zoning Hearing Board at a public hearing and/ or public meeting. A copy of the written decision or findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the Board's decision or findings. The Zoning Hearing Board shall provide by mail or otherwise, to all persons who have filed their name and address with the Board, not later than the last day of the hearing, a statement of brief notice of the decision or findings and a statement of the place and at which a copy of the full decision or findings may be examined.
§ 95-150. Mediation option. A. Mediation may be utilized as an aid designed to supplement, as opposed to replacing, any proceedings before and under the jurisdiction of the Zoning Hearing Board. In no case, however, shall the Board or any member of the Board initiate the use of mediation. No member of the Board shall be allowed to participate as a mediating party or be present during any sessions of mediation. Nothing within this section shall be interpreted as expanding or limiting municipal police powers or modifying any principles of substantive law. B. Mediation shall be voluntary among all subject parties with the appropriateness of mediation determined by the particular issues of each case and the willingness among all the subject parties to negotiate. In order to supplement proceedings before the Zoning Hearing Board, the following information shall be submitted to the Board in written form and signed by all parties to the mediation, the selected mediator, and the Zoning Hearing Board. (1) Method and commitment of funding of mediation.
(2) The mediator shall be an attorney and/or an individual who is certified by the American Arbitration Association, who shall possess a working knowledge of municipal zoning and subdivision practices and procedures. (3) A schedule which shall clearly prescribe the time limitations for both the start and completion of mediation. The completion date shall be adhered to even if the negotiations fail to result in a mediated agreement by said date. (4) Suspension of the appropriate time limitations which apply to the Zoning Hearing Board in convening a hearing and/or rendering a decision, once a hearing is convened, subject to executing a
89:552 § 95-150 WATER § 95-151
document of expressed written consent by the mediating parties, and by the Zoning Hearing Board. (5) Identification of all subject parties and affording them the opportunity to participate. (6) A determination of whether some or all of the mediation sessions shall be opened or closed to the public, subject to governing legal constraints. (7) An agreement among the mediating parties that any mediated solution be in written form and subject to review and approval by the Zoning Hearing Board. (8) Any mediation which concludes within the prescribed time limits under Subsection B(3) of this section, which does resolve in whole or in part, the issues subject to mediation, shall then proceed under the hearing process before the Zoning Hearing Board. (9) No offer or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
§ 95-151. Jurisdiction of Zoning Hearing Board. The Zoning Hearing Board, in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended,124 shall have exclusive jurisdiction to hear and render final adjudication in the following matters: A. Substantive challenges to the validity of any land use ordinance, except for those brought before the Township Board of Supervisors under § 95-141A of this chapter. B. Challenges to the validity of any land use ordinance, based upon procedural questions or alleged defects in the process of enactment or adoption. Challenges based upon procedural questions or alleged defects shall be raised by an appeal to the Board within 30 days after the effective date of the ordinance subject to the appeal.
C. Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease-and-desist order, the revocation of a zoning permitted/or building permit or the registration or refusal to register any nonconforming use, structure or lot. D. Appeals from a determination by the Zoning Officer with reference to the administration of any floodplain provision or regulation within any land use ordinance. E. Applications for variances, pursuant to § 95-152 of this chapter.
124.Editor's Note: See 53 P.S. § 10101 et seq. 89:553 § 95-151 DALLAS CODE § 95-152
F. Applications for special exceptions pursuant to § 95-153 of this chapter. G. Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management not related to development which is classified as a subdivision, land development, or a planned residential development.
§ 95-152. Variances. A. Initial determination by Zoning Officer. An application for a variance shall not be submitted to or considered by the Zoning Hearing Board until the following procedure has been completed: (1) The applicant submits an application for a Zoning Permit to the Zoning Officer in accordance with § 95-135 of this chapter. (2) The Zoning Officer is reviewing the subject application renders a determination that the proposed development and/or use of property fails to comply with an applicable provisions and/or regulations of this chapter. (3) The Zoning Officer specifies the applicable sections of this chapter relative to the applicant's need to secure a variance(s) from the Zoning Hearing Board.
B. Criteria for granting a variance. [Amended 10-24-2011 by Ord. No. 2011-2] (1) The Zoning Hearing Board shall hear requests for variances if it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case: (a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located. (b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
89:554 § 95-152 WATER § 95-153
(c) That such unnecessary hardship has not been created by the appellant. (d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. (e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. (f) Unless approved as part of the variance request, an applicant for a proposed use or development shall comply with any applicable standards and/or criteria as set forth in Article VIII, Supplemental Regulations.
(2) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.125
§ 95-153. Special exceptions. A. Initial determination by Zoning Officer. An application for a special exception use shall not be submitted to or considered by the Zoning Hearing Board until the following procedure has been completed: (1) The applicant submits an application for a zoning permit to the Zoning Officer in accordance with § 95-135 of this chapter. (2) The Zoning Officer shall also render a determination regarding whether the proposed development and/or use is required to secure any variances from the Zoning Hearing Board, in addition to securing a special exception approval.
B. Criteria for granting a special exception approval. [Amended 10-24-2011 by Ord. No. 2011-2] (1) The Zoning Hearing Board shall hear and decide requests for uses and/or development which are permitted as special exception uses. The Board shall grant approval only upon the determination that the proposed use and/or development conforms with all applicable standards and provisions within this Ordinance and the following expressed standards and criteria: (a) The proposed use shall not jeopardize Community Development Objectives as set forth in this Ordinance and the
125.Editor's Note: See 53 P.S. § 10101 et seq. 89:555 § 95-153 DALLAS CODE § 95-153
Dallas Township Comprehensive Plan, including any updates, revisions and/or amendments thereto. (b) Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use and/or development. (c) Existing streets and proposed access to the site shall be adequate regarding the width and pavement for emergency service vehicles. (d) The proposed use shall not adversely affect the public health, safety and welfare due to changes in traffic conditions. Existing streets and proposed access to the site shall be adequate to accommodate anticipated traffic volumes in a manner that avoids undue traffic congestion, and provides for the safety and convenience of pedestrian and vehicular traffic. The proposed use shall not result in unsafe or dangerous traffic conditions. (e) The proposed use shall be compatible with adjoining development and the character of the zoning district and neighborhood in which it is proposed to be located. The nature and intensity of the operation of the proposed use shall be considered regarding its compatibility or lack thereof. (f) The proposed use shall not adversely affect neighborhood property values and aesthetic characteristics in the neighborhood where it is proposed to be located. (g) The proposed use shall not adversely affect the public health, safety and welfare as related to drainage, air quality, noise and natural features of the land. The proposed use and/or development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the subject zoning district. (h) The submission of any reports and/or studies, required by the Zoning Hearing Board within the context of the definition of “impact analysis” as contained in Article II of this chapter, which conclusively demonstrates that the proposed use or development will not have a negative impact upon the particular subject or subjects as defined by the Zoning Hearing Board, in requiring such reports and/or studies. (i) The proposed use and/or development shall comply with any applicable standards and/or criteria as set forth in Article VIII, Supplemental Regulations. (j) The proposed use and/or development shall not be injurious to the public interest.
89:556 § 95-153 WATER § 95-156
(2) In granting approval, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.126
§ 95-154. Parties appellant before the Board. Appeal and/or applications for hearings before the Zoning Hearing Board pursuant to those matters contained within § 95-153 of this chapter may be filed with the Board in writing by the affected landowner or by any aggrieved person or party. The Board shall not accept appeals or applications for hearings from any tenant or equitable owner of a property without the express written consent of the landowner. In such cases, the landowner's signature shall be required upon all applicable forms, applications or documents which are to be submitted to the Board.
§ 95-155. Time limitations. A. No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for the development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan for a Planned Residential Development, pursuant to Section 709 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,127 or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map based upon substantive grounds, pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,128 shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
B. Any landowner wishing to appeal a decision of the Zoning Hearing Board shall be required to file such appeal to a court of competent jurisdiction within 30 days after the notice of the Board's determination is issued. Failure to do so within the prescribed thirty-day time period shall preclude any further appeal of the Board's decision.
§ 95-156. Stay of proceedings.
126.Editor's Note: See 53 P.S. § 10101 et seq. 127.Editor's Note: See 53 P.S. § 10709. 128.Editor's Note: See 53 P.S. § 10916.2. 89:557 § 95-156 DALLAS CODE § 95-156
A. Upon filing of any proceeding referred to in § 95-151 of this chapter, and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When the application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post a bond as a condition to continuing the proceedings before the Board. B. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all the evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. C. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. D. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.
89:558 § 95-157 WATER § 95-160
ARTICLE XVI Planned Residential Developments
§ 95-157. Purpose. The provisions of this article are intended to permit and encourage innovations in residential development through permitting a greater variety, type, design, and layout of dwellings; and by allowing the development of well-planned, higher-density residential neighborhoods or groups of residences on sites larger than normal building lots. To give the site planner maximum freedom, more intensive use of land may be permitted, and the coverage, height, setback and other requirements may be varied under circumstances which will ensure more imaginative use of a building site than can be achieved under the standard regulations of this chapter. This provision is intended to encourage a more efficient use of open space and public services. This development may contain individual single-family to multifamily dwellings and common property which is planned and developed as a unit.
§ 95-158. Regulatory authority. Pursuant to Section 702 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,129 the authority to approve or disapprove applications and plans for a planned residential development is vested with the governing body. The Dallas Township Board of Supervisors hereby retains such authority. The Board of Supervisors grants Dallas Township Planning Commission to act in an advisory capacity to review and to provide comment to the Board of Supervisors when considering a Planned Residential Development. Review and comment shall also be required by the Luzerne County Planning Commission under the same procedures applicable to a subdivision and/or land development.
§ 95-159. Use regulations. The principal permitted uses shall include:
A. Single-family detached dwellings. B. Two-family dwellings. C. Townhouses. D. Accessory uses: Customary accessory uses and buildings to the above shall be permitted in accordance with the applicable provisions of this chapter.
§ 95-160. Density regulations. The following methodology shall be applicable to determine area requirements within this article:
129.Editor's Note: See 53 P.S. § 10703. 89:559 § 95-160 DALLAS CODE § 95-161
A. Gross area. All land within a parcel, based upon the existing deed, proposed to be developed as a PRD. B. Net area available for development. The gross area minus the sum of all environmentally constrained land or other areas as listed below: (1) Floodplains. (2) Wetlands that cannot be reasonably incorporated into usable common open space, natural bodies of water including ponds, creeks, streams or, lakes, existing public or private street. (3) Utility rights-of-way, both subsurface and overhead, that cannot be reasonably incorporated into usable common open space. (4) Rock outcrops. (5) Slopes which equal or exceed 25%.
(6) Any other area which contain sensitive environmental features that may not be suitable for development. C. Net residential area. The net area available for development minus required open space. D. Common open space. Not less than 20% of net area available for development shall be designated, designed and devoted to common open space for the use and enjoyment of the residents therein. E. Residential density. The permitted maximum residential density for the net residential area of a PRD shall be as follows: Minimum Lot Area of District Maximum Density Zoning District (acres) for PRD1 A-1 1 One unit per each 25,000 square feet
NOTES:
1 Maximum density based upon central sewage and a potable water supply provided by a centralized water system; otherwise, the maximum density shall be increased to one unit per acre.
§ 95-161. Dimensional regulations. All planned residential developments shall be subject to the following: A. Minimum tract area. A planned residential development shall have a gross land area of not less than 25 acres.
89:560 § 95-161 WATER § 95-162
B. Distance between buildings. No buildings or structure, including porches, decks or balconies, shall be less than 30 feet to any other building or structure. C. Setback requirements. The minimum front, side and rear setbacks for a planned residential development shall each be not less than 50 feet to the property lines of adjoining properties. A planting strip of not less than 20 feet in width shall be along all property lines at the periphery of the development where necessary to preserve the privacy of neighboring residents. Land adjacent to a lake, pond, stream, wetlands, or watercourse shall remain as permanent open space for a distance of not less than 100 feet from the water's edge, unless superseded by more restrictive standards. D. Maximum building height. No structures within a PRD shall exceed 2 1/ 2 stories, with a maximum height not to exceed 45 feet.
§ 95-162. Special provisions. A. Ownership of property. (1) The tract of land for a PRD may be owned, leased or controlled either by a single person, corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in the project. In the case of multiple ownership, the approved plan shall be binding on all owners. (2) When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of common property and facilities including private streets, drives, service and parking areas and recreational and open space areas. B. Maintenance of common property. (1) In the event that the organization established to own and maintain the common property, or any successor organization, fails to maintain such property in reasonable order, the Township Supervisors may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common property in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. (2) At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be
89:561 § 95-162 DALLAS CODE § 95-163
cured within 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing upon notice to such organization, or to the residents and owners of the development to be held by the Township, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Town shall not, at the election of the Township, continue for a succeeding year. (3) If the Township shall determine that such organization is ready and able to maintain said common property in a reasonable condition, it shall cease to maintain said common property at the end of said year. If the Township shall determine such organization is not ready and able to maintain said common property in a reasonable condition, the Township may, at its discretion, continue to maintain said common property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. (4) The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of the county, upon the properties affected by the lien within the planned residential development. (5) The decision of the Board of Supervisors shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals as provided for under the Pennsylvania Municipalities Planning Code, Act 247, as amended.
§ 95-163. Development regulations. A planned residential development shall be subject to the following standards and regulations: A. Requirements for improvements and design. All improvements, including but not limited to streets, curbing, sidewalks, stormwater detention facilities, drainage facilities, water supply facilities, sewage disposal, street lighting, tree lawns, etc., unless otherwise exempted, shall be designed and constructed in conformance with the standards
89:562 § 95-163 WATER § 95-165
and requirements of the Dallas Township Subdivision and Land Development Ordinance.130 B. Sewage disposal. Disposal of sanitary sewage shall be by means of centralized sewers and shall conform to the design standards of the Dallas Township Subdivision and Land Development Ordinance. The proposed sewage collection system and treatment facility shall require DEP approval as a prerequisite and/or condition to tentative approval of a development plan. C. Water supply. The water supply shall be an off-site system supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the planned residential development in question shall be required. Whichever form is appropriate shall be considered as acceptable evidence.
§ 95-164. Phasing of development. A planned residential development may be constructed in phases subject to the following: A. The application for tentative approval shall cover the entire area to be developed with a schedule delineating all proposed phases; as well as the dates by which applications for final approval of each phase shall be filed. Such schedule shall be updated annually by the applicant on or before the anniversary date of the approval of the development plan, until all phases are completed and granted final approval by the Board of Supervisors. Any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion. B. Not less than 15% of the total number of dwelling units to be constructed shall be included in the first phase. C. The second and any subsequent phases shall be completed in accordance with the tentatively approved plan, with each phase containing not less than 15% of the total number of dwelling units. D. The Board of Supervisors may impose further conditions upon the filing of any phase of a development plan as it may deem necessary to assure the orderly development of the plan and/or to protect the public health, safety and welfare.
§ 95-165. Enforcement and modification of provisions of plan. To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if
130.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:563 § 95-165 DALLAS CODE § 95-165 any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following: A. Provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided herein; and the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law. B. All provisions of the development plan shall run in favor of the residents of the planned residential development, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded. C. All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed or released by the Township, except grants of easements relating to the service or equipment of a public utility, subject to the following conditions: (1) No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or in equity, as provided in this section. (2) No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Board of Supervisors, following a public hearing pursuant to public notice, called and held in accordance with the provisions of this section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or public interest, and is not granted solely to confer a special benefit upon any person.
89:564 § 95-165 WATER § 95-166
D. Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
§ 95-166. Application for tentative approval. The application for approval, tentative and final, of a planned residential development as provided for by this chapter shall be in lieu of all other procedures or approvals otherwise required by the Zoning Ordinance and Subdivision and Land Development Ordinance of the Township,131 except where specifically indicated. The procedures herein described for approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interests in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property. An application for tentative approval shall be consistent with the following: A. Informal consultation. The landowner and Board of Supervisors may consult informally at a public meeting or work session concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Board of Supervisors shall be binding upon the Board of Supervisors as a whole. The informal consultation is intended to allow the landowner and Township officials to exchange comments and discuss issues which may be of particular significance to the site. B. Application and fee. An application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer. An application fee of $500, plus $75 per housing unit, based upon total number of proposed housing units, shall be paid upon filing the required application. C. Relationship to planning, zoning and subdivision. All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Township, shall be determined and established by the Township Board of Supervisors. D. Required documentation. The application for tentative approval shall include documentation illustrating compliance with all of the standards
131.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:565 § 95-166 DALLAS CODE § 95-166
for a planned residential development and, where necessary, the Township shall order such documentation to aid them in their review. An original and 15 copies of the application shall be submitted along with 20 copies of each of the following: (1) Any required study and/or report, prepared as an impact analysis, which may be required at the discretion of the Board of Supervisors. A determination of the need for any such study and/ or report may be made at the time of the informal consultation or during the public hearing for consideration of tentative approval of the development plan. (2) The development plan for the entire site, in addition to all other requirements shall include information and documentation noted herein: (a) The location, size and topography of the site and the legal nature of the landowner's interest in the land proposed to be developed. (b) The density of land use to be allocated to parts and/or phases of the site to be developed. (c) The location and size of common open space and the form of organization proposed to own and maintain the common open space. (d) The use and height, bulk and location of buildings and other structures. (e) The means and feasibility of proposals for the disposition of sanitary waste and stormwater. (f) The substance of covenants, grants or easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities. (g) Provisions for parking of vehicles and the location and width of proposed streets and any other form of public rights-of-way, excluding common open space. (h) The required modifications in the Township land use regulations as contained within the Township's Zoning Ordinance and Subdivision and Land Development Ordinance,132 otherwise applicable to the subject property. (i) The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
132.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:566 § 95-166 WATER § 95-167
(j) In the case of development plans, which call for development over a period of years, a schedule showing the proposed timetable within which applications for final approval of all phases of the planned residential development are intended to filed. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted. (k) A plan map at a scale of not greater than one inch equals 50 feet, with contours for each two-foot change in elevation. A location map shall also be provided at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township. The drafting standards applicable for a major subdivision and/or land development, as provided for within the Dallas Township Subdivision and Land Development Ordinance, shall apply. E. Statement of landowner. The application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and consistent with the Comprehensive Plan of the Dallas Township, including any subject amendments to said Plan. F. Application and approval procedures in lieu of others. The application for tentative and final approval of a development plan for a planned residential development prescribed herein shall be in lieu of all other procedures and approvals required by the Zoning Ordinance and Subdivision and Land Development Ordinance of the Township,133 unless otherwise expressly stated. G. Referrals and review of plan. The application for tentative approval shall be filed with the Zoning Officer, who shall be authorized to accept such applications under the Zoning Ordinance. Copies of the application and tentative plan shall be referred to the agencies and officials as required by the Township's Subdivision and Land Development Ordinance for their review and comment. Said reports shall be available prior the public hearing.
§ 95-167. Public hearings. A. Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Township Board of Supervisors in the manner prescribed in this chapter for the enactment of an amendment to the Zoning Ordinance. B. The Chairman or, in his absence, the Acting Chairman, of the Township Board of Supervisors, may administer oaths and compel the attendants of witnesses. All testimony by witnesses shall be given under oath and
133.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:567 § 95-167 DALLAS CODE § 95-168
every party of record at a hearing shall have the right to cross-examine adverse witnesses. C. A verbatim record of the hearing shall be provided by the Township Board of Supervisors whenever such records are requested by any party to the proceedings, with the cost of making and transcribing such a record shall be paid by those parties wishing to obtain such copies. All exhibits accepted as evidence shall be properly identified and the reason for any exclusion shall be clearly noted in the record. D. The Township Board of Supervisors may continue the public hearing as required, provided that in any event, the public hearing or hearings shall be concluded within 60 days following the date of the first public hearing.
§ 95-168. Findings. A. The Township Board of Supervisors, within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing the application, whichever occurs first, shall by official written communication to the landowner, either: (1) Grant tentative approval to the development plan as submitted. (2) Grant tentative approval subject to specified conditions not included in the development plan as submitted. (3) Deny the tentative approval to the development plan. B. Failure to act within the prescribed time period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Township Board of Supervisors, notify said Board of his refusal to accept all said conditions, in which case the Township Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not notify the Township Board of Supervisors of his refusal to accept all said conditions within 30 days after receiving a copy of the official written communication of the Township Board of Supervisors, tentative approval of the development plan, with all said conditions, shall stand as granted. C. The grant or denial of tentative approval by official written communication shall include not only conclusions, but also findings of fact related to the specific proposal and shall set forth the reasons for the denial, and said communication shall set forth particulars in what respect the development plan would or would not be in the public interest, including but not limited to findings of facts and conclusions based upon the following:
89:568 § 95-168 WATER § 95-169
(1) Those respects in which the development plan is or is not consistent with the Comprehensive Plan, including any amendments thereto, for the development of the Township. (2) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use and the reasons why such departures are or are not deemed to be in the public interest. (3) The purpose, locations and amount of common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development. (4) The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services, (including but not limited to sewage, water and stormwater runoff) provide adequate control for vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment. (5) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood or area of the Township in which it is proposed to be established. (6) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan. D. In the event a development plan is granted tentative approval, with or without conditions, the Township Board of Supervisors may set forth in the official written communication, the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part or phase thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than 90 days. In the case of development plans which extend over a period of years, the time between applications for final approval of each part of the plan shall not be less than one year.
§ 95-169. Status of plan after tentative approval. A. The official written communication provided for in this article shall be certified by the Township Secretary and filed in his/her office; a
89:569 § 95-169 DALLAS CODE § 95-170
certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed as an amendment to the Zoning Map, effective and so noted upon the Zoning Map upon final approval. B. Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any zoning permit. A development plan which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending the application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval. C. In the event that a development plan is given tentative approval and thereafter, but prior to the final approval, the landowner shall elect to abandon said development plan and shall so notify the Township Board of Supervisors in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development for which final approval has not been given shall be subject to those Township land use ordinances otherwise applicable thereto. The same shall be noted on the Zoning Map and in the records of the Township Secretary.
§ 95-170. Application for final approval. A. An application for final approval may be for all of the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made through the Zoning Officer for review by the Township Board of Supervisors and subject to approval by the Township Board of Supervisors within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing shall not be required. B. The application shall include all drawings, specifications for required improvements, covenants, easements, a financial guarantee and all other such requirements as specified within the Dallas Township Subdivision and Land Development Ordinance,134 as well as any conditions set forth in the official written communication granting tentative approval.
134.Editor's Note: See Ch. 77, Subdivision and Land Development. 89:570 § 95-170 WATER § 95-170
C. In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, the Township Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval. D. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more said variations are objectionable and not in the public interest. E. In the event of such refusal, the landowner may either: (1) Refile his application for final approval without the variations to which the Township Board of Supervisors deemed objectionable and not in the public interest. (2) File a written request with the Township Board of Supervisors that it hold a public hearing on his/her application for final approval. F. If the landowner wishes to take either of such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he/she shall be deemed to have abandoned the development plan. G. Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made in writing by the landowner. The hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the public hearing, the Township Board of Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval. H. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain findings required for an application for tentative approval as set forth in this article. I. A development plan, or any part thereof, which has been given final approval, shall be so signed and certified without delay by the Township Board of Supervisors. Said development plan shall be filed of record forthwith in the Office of the Recorder of Deeds of Luzerne County before any development shall take place in accordance therewith. Upon filing of record of the development plan, the zoning and subdivision
89:571 § 95-170 DALLAS CODE § 95-171
regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions as provided for within the Dallas Township Subdivision and Land Development Ordinance, said planned residential development or part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat the developer shall record the plat within 90 days from the date of approval and post a financial security in accordance with the Dallas Township Subdivision and Land Development Ordinance. J. In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Township Board of Supervisors in writing; or in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions as provided within the Dallas Township Subdivision and Land Development Ordinance, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the Township Zoning Ordinance in the manner prescribed for such amendments by this chapter.
§ 95-171. Jurisdiction and legal remedies. A. Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Subsection B, Legal remedies. B. Legal remedies. Any person, partnership or corporation who or which has violated the planned residential development provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceedings commenced by Dallas Township or the Zoning Officer, shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred Dallas Township as a result of said proceedings. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, Dallas Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation. In such cases, there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
89:572 § 95-171 WATER § 95-171
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Dallas Township. C. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. D. Nothing contained in this section shall be construed or interpreted to grant any person or entity other than Dallas Township the right to commence any action for enforcement pursuant to this section.
89:573
§ 95-172 WATER § 95-172
ARTICLE XVII Appeals
§ 95-172. Appeals to court. The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended,135 shall constitute the exclusive mode for securing judicial review of any decision rendered or deemed to have been made under this chapter.
135.Editor's Note: See 53 P.S. § 11001-A et seq. 89:575 § 95-172 DALLAS CODE § DL-1
Disposition List
Chapter DL
DISPOSITION LIST
§ DL-1. Disposition of legislation. Adoption Enactment Date Subject Disposition 2-6-2001 Zoning Map amendment NCM Ord. No. 10-2-2001 Adoption of Code Ch. 1, Art. I 2001-1 Ord. No. 1-15-2002 Bowman's Creek Superseded by 2001-2 Watershed Ord. No. 2011-1 Ord. No. 12-2-2003 Vehicles and traffic Ch. 85 2003-1 amendment Ord. No. 12-16-2003 Storage of vehicles Ch. 87 2003-2 Ord. No. 12-16-2003 Subdivision and land Superseded by 2003-3 development regulations Ord. No. 2007-3 amendment Ord. No. 2-3-2004 Open burning Ch. 43 2004-1 Ord. No. 5-18-2004 Streets and sidewalks: Ch. 74, Art. I 2004-2 pave cut and excavation Ord. No. 6-15-2004 Uniform construction Ch. 45 2004-3 codes Ord. No. 12-7-2004 Zoning Map amendment NCM 2004-4 Ord. No. 4-19-2005 Subdivision and land Superseded by 2005-1 development regulations Ord. No. 2007-3 amendment Ord. No. 5-16-2005 Subdivision and land Superseded by 2005-2 development regulations Ord. No 2007-3 amendment Ord. No. 6-21-2005 Zoning amendment Repealed by 2005-3 Ord. No. 2008-1 Ord. No. 9-6-2005 Subdivision and land Superseded by 2005-4 development regulations Ord. No. 2007-3 amendment Ord. No. 10-18-2005 Articles of Incorporation Ch. 5 2005-5 amendment
89:576 § DL-1 WATER § DL-1
Adoption Enactment Date Subject Disposition Ord. No. 1-3-2006 Zoning amendment Repealed by 2006-1 Ord. No. 2008-1 Ord. No. 2-7-2006 Subdivision and land Superseded by 2006-2 development amendment Ord. No. 2007-3 Ord. No. 2-21-2006 Rental property: Ch. 62, Art. I 2006-3 registration Ord. No. 5-15-2006 Vehicles and traffic Ch. 85 2006-4 amendment Ord. No. 6-6-2006 Zoning amendment Repealed by 2006-5 Ord. No. 2008-1 Ord. No. 8-1-2006 Vehicles and traffic Ch. 85 2006-6 amendment Ord. No. 11-28-2006 Taxation: emergency and Repealed by a 2006-7 municipal services tax revocation ordinance adopted 11-18-2007 Ord. No. 3-6-2007 Unfit buildings Ch. 41 2007-1 Ord. No. 6-19-2007 Sex offenders: residency Ch. 66, Art. I 2007-2 restrictions Ord. No. 7-3-2007 Subdivision and land Ch. 77 2007-3 development Revocation 11-18-2007 Emergency and municipal Ch. 81, Art. IV ordinance services tax repealer (footnote only) Ord. No. 12-18-2007 Local services tax Ch. 81, Art, IV 2007-4 Ord. No. 6-17-2008 Zoning Ch. 95 2008-1 Ord. No. 6-17-2008 Subdivision and land Ch. 77 2008-2 development amendment Ord. No. 11-3-2008 Property maintenance: Ch. 61, Art. I 2008-3 vegetation control on manageable lots Ord. No. 3-3-2009 Vehicles and traffic Ch. 85 2009-1 amendment Ord. No. 5-5-2009 Intermunicipal Ch. 11, Art. III 2009-2 agreements: Back Mountain Community Partnership
89:577 § DL-1 DALLAS CODE § DL-1
Adoption Enactment Date Subject Disposition Ord. No. 5-17-2009 Correction to Ord. No. NCM 2010-1 1976-2 (opening of Orchard Street) Ord. No. 2-15-2011 Stormwater management Ch. 72 2011-1 Ord. No. 10-24-2011 Zoning amendment Ch. 95 2011-2 Ord. No. 2-7-2012 Authorization to join local NCM 2012-1 government investment trust Ord. No. Firearms and weapons Ch. 46 2012-2 Ord. No. 5-15-2012 Property maintenance: Ch. 61, Art. II 2012-3 adoption of standards Ord. No. 5-15-2012 Sewers: wastewater Ch. 64, Art. I 2012-4 collection and treatment Ord. No. 6-19-2012 Disorderly house Ch. 55, Art. II 2012-5 nuisances Ord. No. 8-21-2012 Zoning amendment Ch. 95 2012-6 Ord. No. 11-20-2012 Emergency services: Ch. 8, Art. I 2012-7 recovery of costs Ord. No. 10-15-2013 Subdivision and land Ch. 77 2013-1 development amendment Ord. No. 10-21-2014 Vehicles and traffic Ch. 85 2014-1 amendment Ord. No. 4-22-2015 Taxation: delinquent real Ch. 81, Art. V 2015-1 estate taxes Ord. No. 5-20-2015 Rental property: Ch. 62, Art. I 2015-2 registration amendment Ord. No. 9-1-2015 Police pension plan NCM 2015-3 amendment Ord. No. 12-30-2015 Taxation: per capita tax Ch. 81, Art. II 2015-4 repealer Ord. No. 11-1-2016 Rental property: Ch. 62, Art. II 2016-1 inspection Ord. No. 12-6-2016 Alcoholic beverages Ch. 30 2016-2 Ord. No. 9-5-2017 Skateboards Ch. 67 2017-1
89:578 § DL-1 WATER § DL-1
Adoption Enactment Date Subject Disposition Ord. No. 10-3-2017 Intermunicipal Ch. 11, Art. IV 2017-2 Agreements: Stormwater Management and Pollution Reduction Program Ord. No. 10-3-2017 Sewers: Sewer Laterals Ch. 64, Art. 4 2017-3 and Sewer Connections Ord. No. 1-2-2018 Officers and Employees: Ch. 14, Art. I 2018-1 Township Manager Ord. No. 3-6-2018 General Obligation Bond NCM 2018-2 Ord. No. 5-1-2018 Contractors: Registration Ch. 45A, Art. I 2018-3 and Licensing Requirements Ord. No. 7-3-2018 Vehicles and Traffic Ch. 85 2018-4 Amendment
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