Prepared By: Thomas R. Deans Associates 311 N. Front Street

ZONING ORDINAKE MI. 158

POINT TOWSHIP

WRTHUM3ERUW) COUNTY, PENWYLVANIA

Prepared by:

Thomas R. Deans Associates 311 N. Front Street Milton, PA 17847

December 30, 1986 POINT TOWNSHIP SUPERVISORS

Budd G. Feaster, Chairman James A. Neitz, Vice Chairman Paul R. Geise Arthur J. Stuck Lewis E. Hummel

POINT TOWNSHIP PLANNING COMMISSION

Edward F. Pfeiffer, Chairman John L. Epler, Vice Chairman Glenn L. Brogan Betsy A. Neidig Clifford Reichard

P rep a red by :

Thomas R. Deans Associates 311 North Front Street Milton, PA 17847 (717) 742-9323

December 30, 1986 TABLE OF CONTENTS Page

ARTICLE 1 . SHORT TITLE. PURPOSE AND COMMUNITY DEVELOPMENT OBJECTIVES ...... 2

Section 1.01 . Short Title...... 2 Section 1.02 . Purpose ...... 2 Section 1.03 .Community Development Objectives ..... 2 ARTICLE I1 .DEFINITIONS ...... 3

Section 2.01 . Accessory Use or Building ...... 3 Section 2.02 .Alterations ...... 3 Section 2.03 .Automobile Filling Station ...... 3 Section 2.04 .Building ...... 3 Section 2.05 .Building Area ...... 3 Section 2.06 .Building Height ...... 3 Section 2.07 .Building Line ...... 4 Section 2.08 .Certificate of Occupancy ...... 4 Section 2.09 . Development Plan ...... 4 Section 2.10 .Dwelling Unit ...... 4 Section 2.11 .Dwelling, Apartment ...... 4 Section 2.12 .Dwelling, Single Family ...... 4 Section 2.13 .Dwelling, Two Family ...... 4 Section 2.14 . Dwelling, Multiple Family ...... 4 Section 2.15 .Family ...... 5 Section 2.16 .Floor Area ...... 5 Section 2.17 . Garage, Private...... 5 Section 2.18 .Habitable Floor Area ...... 5 Section 2.19 . Home Occupation ...... 5 Section 2.20 . Hotel ...... 5 Section 2.21 .Junk Yard ...... 5 Section 2.22 . Lot ...... 6 Section 2.23 .Lot Area ...... 6 Section 2.24 .Lot, Corner ...... 6 Section 2.25 .Lot Coverage ...... 6 Section 2.26 .Lot Depth ...... 6 Section 2.27 .Lot Width ...... 6 Section 2.28 . Mobile Home ...... 6 Section 2.29 . Mobile Home Court or Park ...... 6 Section 2.30 .Mobile Home Subdivision...... 7 Section 2.31 .Motel ...... 7 Section 2.32 . Non-Conforming Lot ...... 7 Section 2.33 . Non-Conforming Structure ...... 7 Section 2.34 . Non-Conforming Use ...... 7 Section 2.35 .Parking Space ...... 7 Section 2.36 .Personal Service Shop ...... 8 Section 2.37 .Planned Residential Development ...... 8 Section 2.38 .Principal Building ...... 8 Section 2.39 .Professional Office ...... 8 Section 2.40 .Setback ...... 8 Section 2.41 . Sign ...... 8 Section 2.42 . Sign, Commercial ...... 8 Section 2.43 . Sign Area ...... 9 Section 2.44 . Site Plan ...... 9 Section 2.45 . Special Exception ...... 9 Section 2.46 . Story ...... 9 Section 2.47 . Street ...... 9 Section 2.48 . Street Line ...... 9 Section 2.49 . Structure ...... 9 Section 2.50 . Use ...... 10 Section 2.51 . Variance ...... 10 Section 2.52 . Yard, Front ...... 10 Section 2.53 . Yard, Rear ...... 10 Section 2.54 . Yard, Side ...... 10 Section 2.55 . Zoning Permit ...... 10

ARTICLE I11 . ESTABLISHMENT OF ZONING DISTRICTS AND MAP ... 11

Section 3.01 . List of Districts...... 11 Section 3.02 . Zoning Map ...... 11 Section 3.03 . Interpretation of District Boundaries ... 11

ARTICLE IV .CONFORMANCE REQUIRED ...... 13

Section 4.01 .Application of District Regulations .... 13

ARTICLE V . R-1 RESIDENTIAL DISTRICTS

Section 5.01 . Intended Purpose ...... 14 Section 5.02 . Permitted Uses ...... 14 Section 5.03 . Lot Area, Building Height and Yard Requirements ...... 16 Section 5.04 . Minimum Off-street Parking Requirements . . 16 ARTICLE VI . R-2 RESIDENTIAL DISTRICTS ...... 17

Section 6.01 . Intended Purpose ...... 17 Section 6.02 . Permitted Uses ...... 17 Section 6.03 . Lot Area, Building Height and Yard Requirements ...... 17 Section 6.04 . Minimum Off-street Parking Requirements . . 18

ARTICLE VI1 .AGRICULTURAL DISTRICTS ...... 19

Section 7.01 . Intended Purpose ...... 19 Section 7.02 . Permitted Uses ...... 19 Section 7.03 . Lot Area, Building Height and Yard Requirements ...... 21 Section 7.04 .Minimum Off-street Parking Requirements . . 21 Section 7.05 . Permitted Uses/Sliding Scale Formula ... 22

ARTICLE VI11 . INDUSTRIAL DISTRICTS ...... 23

Section 8.01 . Intended Purpose ...... 23 Section 8.02 . Permitted Uses ...... 23 Section 8.03 . Lot Area, Building Height and Yard Requirements ...... 24 Section 8.04 . Minimum Off-street Parking Requirements . . 24 ARTICLE IX .HIGHWAY COMMERCIAL DISTRICTS ...... 25

Section 9-01 . Intended Purpose ...... 25 Section 9.02 . Permitted Uses ...... 25 Section 9.03 . Lot Area and Width ...... 26 Section 9.04 . Setbacks ...... 26 Section 9.05 . Building Height ...... 26 Section 9.06 . Building Coverage ...... 26 Section 9.07 . Impervious Surface Coverage ...... 26

ARTICLE X .CONSERVATION/OPEN SPACE DISTRICTS ...... 27

Section 10.01 . Intended Purpose ...... 27 Section 10.02 . Permitted Uses ...... 27 Section 10.03 . Lot Area, Building Height and Yard Requirements ...... 28 Section 10.04 . Minimum Off-street Parking Requirements . 28 Section 10.05 . Additional Requirements for 100-Year Floodplain Area ...... 28 ARTICLE XI . SUPPLEMENTARY REGULATIONS ...... 29

Section 11.01 . Accessory Buildings ...... 29 Section 11.02 .Temporary Structures for Dwelling Purposes ...... 29 Section 11.03 . Water Supply and Sewerage Facilities Required ...... 29 Section 11.04 . Exceptions ...... 29 Section 11.05 .Required Street Access ...... 30 Section 11.06 . Visibility at Intersections ...... 30 Section 11.07 .Off-street Parking ...... 30 Section 11.08 . Fences ...... 32 Section 11.09 . Signs and Advertising Structures..... 32 Section 11.10 .Conversion Apartments ...... 34 Section 11.11 . Mobile Homes ...... 34 Section 11.12 . Mobile Home Parks ...... 34 Section 11.13 . Receiving Dishes ...... 36 Section 11.14 . Modification of Lot Requirements for Kapp Heights and Hilbish Heights, Pri est1 ey Terrace ...... 36 Section 11.15 . Mining and Drill ing ...... 36

ARTICLE XI1 . PLANNED RESIDENTIAL DEVELOPMENT ...... 37

Section 12.01 . Statement of Intent ...... 37 Section 12.02 . Proceudre ...... 37 Section 12.03 . Planned Development Standards ...... 41 ARTICLE XI11 . NON-CONFORMING BUILDINGS AND USES ...... 43

Section 13.01 .Continuance ...... 43 Section 13.02 . Abandonment ...... 43 Section 13.03 . Restoration ...... 43 Section 13.04 . Reversion ...... 43 Section 13.05 . Alterations ...... 43 Section 13.06 .Construction Approved Prior to Ordinance . 44 Section 13.07 . District Changes ...... 44 ARTICLE XIV . ADMINISTRATION AND ENFORCEMENT ...... 45

Section 14.01 .Enforcement ...... 45 Section 14.02 .Certificates and Permits ...... 45 Section 14.03 . Records ...... 46 Section 14.04 . Zoning Hearing Board ...... 46 Section 14.05 . Fees, Violations and Penalties ...... 51 Section 14.06 .Amendments ...... 52

ARTICLE XV . INTERPRETATION. VALIDITY. REPEALER AND EFFECTIVE DATE ...... 53 Section 15.01 . Interpretation ...... 53 Section 15.02 - Validity ...... 53 Section 15.03 .Repealer ...... 53 Section 15.04 . Effective Date ...... 53

-iv- ORDINANCE EIO. 158

AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THEIR CONSTRUCTION, ALTERATION, EXTENSION, REPAIR, MAINTENANCE AND ALL FACILITIES AND SER- VICES IN OR ABOUT SUCH BUILDINGS AND STRUCTURES; PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; AND FOR THESE PURPOSES ESTABLISHING DISTRICTS AND BOUNDARIES AND DESIGNATING AND RE GULAT 1NG AGRICULTURAL , RES1DENT1 AL , COMKRC IAL AND INDUST RIAL USES WITHIN SUCH DISTRICTS AND BOUNDARIES; PROVIDING FOR THE ADMINIS- TRATION OF THIS ORDINANCE AND PENALTIES FOR THE VIOLATION THEREOF, IN THE TOWNSHIP OF POINT, IN THE COUNTY OF NORTHUMBERLAND AND THE COMWN- WEALTH OF PENNSYLVANIA.

BE IT ORDAINED by the BOARD OF SUPERVISORS of the TOWNSHIP OF POINT, in the County of Northumberland and the Commonwealth of Pennsyl- vania as follows:

-1- ARTICLE I

SHORT TITLE, PURPOSE AND COMMUNITY DEVELOPMEM OBJECTIVES

SECTION 1.01 - SHORT TITLE. This Ordinance shall be known as the "POINT TOWNSHIP ZONING ORDI- NANCE. 'I

SECTION 1.02 - PURPOSE.

The fundamental purpose of this Ordinance is to promote the safety, health, moral s and general we1 fare; to encourage the most appropriate use of land throughout the Township; to conserve and stabilize the value of property; to prevent over-crowding of land; to avoid undue congestion of population; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; and to facilitate the adequate provision of transporta- tion watery sewerage, schools parks and other requi rements. SECTION 1.03 - COMMUNITY DEVELOPMENT OBJECTIVES.

This Zoning Ordinance is to render a legal basis and framework to the future land use plan and development goals established in the planning studies undertaken by the Point Township Planning Commission. The objectives of guiding future growth and improvement of existing devel - opment within the Township of Point, Northumberland County, Pennsyl- vania is to enable the most economical and efficient provision of municipal services; eliminate hazardous and detrimental 1 and uses while encouraging beneficial and compatible land uses; maintain a desirable residential environment with adequate recreational , commercial and industrial supporting areas; protect the prime agricultural lands , and in general, avoid the problems which arise when growth occurs at random without any municipal -wide goals or coordination.

-2- ARTICLE I1 DE F I N IT IONS

For the purpose of this Ordinance, certain words, phrases and terms are herewith defined as follows: words used .in the present tense include the future. The singular number includes the plural number, and words in the plural number include the singular number. The word "lot" includes the word "plot;" the word "building" includes the word "structure; I' the word "zone" includes the word "district;" the word "occupied" includes the word "designed" and the phrase "intended to be occupied;" the word "use" includes the words "arranged," "designed," and the phrase "intended to be used;" the word "shall" is always manda- tory. SECTION 2.01 - ACCESSORY USE OR BUILDING.

A subordinate use or building, the purpose of which is customarily incidental to that of the main use of a bulding and on the same lot. SECTION 2.02 - ALTERATIONS.

As applied to a building or structure, means a change or rearrange- ment in the structural parts in the existing facilities or an enlargement, whether by extension of a side or an increase in height or a move from one location or position to another. SECTION 2.03 - AliTOMOBILE FILLING STATION.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for ren- dering services such as lubrication, washing and minor repairs. SECTION 2.04 - BUILDING.

Any structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or cattle.

SECTION 2.05 - BUILDING AREA. The total areas of outside dimensions on a horizontal plan at ground level of the principal building and all accessory buildings. SECTION 2.06 - BUILDING HEIGHT. The vertical dimensions measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck- line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.

-3- SECTION 2.07 - BUILDING LINE.

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the buildng on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

SECTION 2.08 - CERTIFICATE OF OCCUPANCY.

A certificate issued and enforced by the Zoning Officer upon com- pletion of the construction of a new building or upon a change or conversion of the structure or use of a building which certifies that all requirements and regulations as provided herein and within all other appl icable requirements have been compl ied with.

SECTION 2.09 - DEVELOPMENT PLAN. The provisions for the development of a planned residential development, including a plat subdivision; all covenants related 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; and public facilities.

SECTION 2.10 - DWELLING UNIT. One or more rooms providing living and sanitary facilities for one family, including equipment for cooking or provisions for same.

SECTION 2.11 - DWELLING, APARTMENT. A dwelling unit for rent or lease within multiple-family or group buildings providing 1 iving and sanitary facilities for one family, including provisions for cooking and sleeping. An apartment dwelling may be classified as an efficiency unit where no specific bedroom is provided or it may contain one or more bedrooms.

SECTION 2.12 - DWELLING, SINGLE-FAMILY.

A detached building designed for or occupied exclusively by one family.

SECTION 2.13 - DWELLING, TWO-FAMILY.

A building designed for or occupied exclusively by two families 1 i vi ng independently of each other.

SECTION 2.14 - DWELLING, MULTIPLE-FAMILY.

A building designed for or occupied exclusively by three or more families living independently of each other.

-4- SECTION 2.15 - FAMILY. A single individual, doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons, doing their own cooking and living together upon the premises as a separate housekeeping unit, in a. domestic relationship based upon birth, marriage or other domestic bond. This term does not apply to a group home that consists of five (5) or fewer residents.

SECTION 2.16 - FLOOR AREA. The total enclosed area in the horizontal plane of a structure measured from the faces of the exterior walls. SECTION 2.17 - GARAGE, PRIVATE.

A building or space used as an accessory to the main building which provides for the storage of motor vehicles of the familes residing upon the premises and in which no occupation, business or service for profit is carried on. SECTION 2.18 - HABITABLE FLOOR AREA. The sum of the gross horizontal areas of all rooms used for habitation (such as living room, dining room, kitchen or bedroom) but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, closets or unheated areas such as enclosed porches or rooms without at least one window or skylight opening onto an outside yard or court. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered part of the habitable floor area. SECTION 2.19 - HOME OCCUPATION.

An accessory use of a service nature customarily conducted within a dwelling by the residents thereof, which use is [occupying not more than twenty-five (25) percent of the area] clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

SECTION 2.20 - HOTEL.

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building as an accessory use. SECTION 2.21 - JUNK YARD. Any area and/or structure used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles primarily not in running condition and for the sale of parts thereof.

-5- SECTION 2.22 - LOT.

A piece, parcel or plot of land occupied or designed to be occupied by a building and its accessory buildings, together with such open spaces arranged and designed to be used in connection with such build- i ngs.

SECTION 2.23 - LOT AREA.

An area of land which is determined by the limits of the lot lines bounding that area. SECTION 2.24 - LOT, CORNER. A parcel of land at the junction of and fronting or abutting on two or more intersecting streets. SECTION 2.25 - LOT COVERAGE. The percentage of the lot area covered by the total building area.

SECTION 2.26 - LOT DEPTH.

A mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines. SECTION 2.27 - LOT WIDTH. The mean horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width.

SECTION 2.28 - MOBILE HOME. A structure designed primarily for family dwell i ng , eati ng, sl eep- ing and complete year-round facilities. It is equipped with chassis and wheels, whether fixed or removed, for the purpose of being trans- ported.

A. TRAVEL TRAILER.

A vehicular portable structure built on a chassis (pick-up camper, converted bus, tent-trailer, tent or simil ar device) designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet. SECTION 2.29 - MOBILE HOME COURT OR PARK.

Any site, lot or tract of land upon which two or more authorized mobile homes are parked permanently or temporarily, either free of charge or for revenue purposes, and shall include any appurtenant facilities used or designed as part of the equipment of such mobile home court or park.

-6- A. TRAVEL TRAILER CAMP OR PARK.

Any site, lot or tract of land upon which provisions are made to accommodate any travel trailer and/or simi 1 ar temporary dwelling for travel or recreational purposes for short term occupancy, either free of charge or for revenue purposes, and shall include any appurtenant facilities used or designed as part of the equipment of such travel trailer camp or park. SECTION 2.30 - MOBILE HOME SUBDIVISION. An area designed exclusively for mobile homes and mobile dwelling units where lots are not rented but sold.

SECTION 2.31 - KITEL.

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and provided with accessory off- street parking facilities. The term ''motel '' includes buildings designed as tourist courts , auto courts and other similar designations but shall not be construed to include mobile or immobile trailers or homes. SECTION 2.32 - NON-CONFORMING LOT.

A lot record existing at the date of the passage of this Ordinance which does not have the minimum width or contain the minimum area for the zone in which it is located. SECT ION 2.33 - NON-CONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the application of such ordinance or amendment to its location by reason of annexation. Such non-conforming structures include, but are not limited to, non-conforming signs. SECTION 2.34 - MN-CONFORMING USE. A use, whether of land or a structure, which does not comply with the applicable use provisions in a 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. SECTION 2.35 - PARKING SPACE. An off-street space available for the parking of a motor vehicle and which, in this Ordinance, is held to be an area ten (10) feet wide and twenty (20) feet long, exclusive of passageways and driveways appurtenant thereto and gi vi ng access thereto.

-7- SECTION 2.36 - PERSONAL SERVICE SHOP. A place of business permitted in R-2 Zone that provides a personal service: barber, beautician, tax service, and which employs a maximum of one (1) person in addition to the owner. SECTION 2.37 - PLANNED RESIDENTIAL DEVELOPMNT. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for 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 under the provisions of the Zoning Ordinance. SECTION 2.38 - PRINCIPAL BUILDING. A building or buildings in which is conducted the main or principal use of the lot on which said building is situated. SECTION 2.39 - PROFESSIONAL OFFICE. The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers and such similar professional occupations which may be so designated by the Zoning Hear- ing Board, upon finding by such Board that such occupation is truly professional in character by virtue of the need for special training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to. a greater extent than for the professional activities 1 isted herein. The issuance of a state or local license or regulation of any gainful occupation need not be deemed indicative of professional standing. SECTION 2.40 - SETBACK. The setback of a building from a particular lot line is the horizontal distance from such lot line to the part of the building nearest to such lot line. SECTION 2.41 - SIGN.

Any device, structure or object for visual communication used for the purpose of bringing the subject thereof to the attention of others but not including any flag, badge or insignia of any public, quasi- pub1 ic, civic, charitable or re1 igious group.

SECTION 2.42 - SIGN, COMMERCIAL.

Any sign owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained

-8- from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. This shall include "billboards" and off-premise signs indicating the directions to a particular place.

SECTION 2.43 - SIGN AREA.

The area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.

SECTION 2.44 - SITE PLAN.

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Zoning Hearing Board in unusual or special cases. SECTION 2.45 - SPECIAL EXCEPTION.

A use in one or more districts for which the Zoning Hearing Board may grant a special use permit pursuant to the provisions of this Ordi- nance.

SECTION 2.46 - STORY.

A story is that part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story; and, if less than two (2) feet below the top plate, it shall be counted as a half-story. A. basement shall be counted as a story if it averages more than five (5) feet above grade.

SECTION 2.47 - STREET. Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether pub1 ic or private, used or intended to be used by vehicular traffic or pedestrians.

SECTION 2.48 - STREET LINE.

The street line is that line determining the limit of the street or highway right of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the street line shall be assumed to be at a point twenty-five (25) feet from the cen- terline of the existing street.

SECTION 2.49 - STRUCTURE.

Any man-made object having as ascertainable location on or in land or water, whether or not affixed to land.

-9- SECTION 2.50 - USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

SECTION 2.51 - VARIANCE.

A modification of the regulations of this Ordinance granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of this Ordinance and Section 912 of Act U7, "Pennsylvania Municipalities P1 anning Code. "

SECTION 2.52 - YARD, FRONT. An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. The depth of the front yard shall be measured at right angles to the street line. SECTION 2.53 - YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side lot lines. SECTION 2.54 - YARD, SIDE. An open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either such yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot. SECTION 2.55 - ZONING PERMIT.

A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this Ordinance for the zone in which it is located or is to be located.

-10- ARTICLE 111 ESTABLISHMENT OF ZONING DISTRICTS AND NAP

SECTION 3.01 - LIST OF DISTRICTS.

For the purpose of this Ordinance, the territory of Point Township is hereby divided into the following districts:

A. R-1 Residential Districts

8. R-2 Residential Districts

C. A Agricultural Districts

D. I Industri a1 Districts

E. HC Highway Comrcial District

F. OS Conservation/Open Space Districts SECTION 3.02 - ZONING M4P. The boundaries of the above districts are delineated on a map enti tl ed "Poi nt Townshi p Zoni ng Map" which accompanies and, with a1 1 explanatory matter thereon, is hereby made a part of this Ordinance.

SECTION 3.03 - INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of the districts shown on the Zoning Map, the following rules shall apply:

A. Boundaries indicated as approximately following the centerl ines of streets, highways or alleys shall be construed as following such centerl ines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C. Boundaries indicated as approximately following municipality limits shall be construed as following such municipality 1 i mi ts .

D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

E. Boundaries indicated as approximately following the centerl ines of streams, rivers or other bodies of water shall be construed as fol 1 owi ng such centerl i nes .

-11- F. Boundaries indicated as parallel to or extensions of features indicated in Sub-sections A through E above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map.

G. Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map or in circumstances not covered by Sub-sections A through E above, the Township Supervisors shall interpret the district boundaries, unless such authority is delegated to the Zoning Hearing Board by the Supervisors.

-12- ARTICLE I\

CONFORMANCE REQUIRED

SECTION 4.01 - APPLICATION OF DISTRICT REGULATIONS.

The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

A. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter by erected, constructed, reconstructed , moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located. No residential lot shall have erected upon it more than one principal bui 1 ding.

B. No building or other structure shall hereafter be erected or a1 tered:

1. To exceed the height;

2. To accommodate or house a greater number of famil ies;

3. To occupy a greater percentage of lot area; or

4. To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner contrary to the provisions of this Ordinance. C. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

D. No yard or lot existing at the time of passage of this Ordi- nance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

-13- ARTICLE V

R-1 - RESIDENTIAL DISTRICTS

SECTION 5.01 - INTENDED PURPOSE. The regulations for R-1 Residential Districts are designed to accommodate and encourage harmonious and compatible residenti a1 devel - opment consistent with the characteristics of the prevailing open environment of the Township. For this purpose, development is restricted to conventional low density single-family detached dwellings and related land uses. SECTION 5.02 - PERMITTED USES.

A. Single-family dwell ings. B. Churches and simi 1 ar places of worship.

C. Pub1 ic nursery, kindergarten, elementary and high schools, municipal buildings, public parks and playgrounds. D. Customary agricultural operations; provided, however, that no storage of manure or odor or dust-producing substances or any use producing odor or dust be permitted within fifty (50) feet of any property line.

E. Multiple dwelling and apartments, subject to the controls set forth herein for planned residential developments (Article XII). F. Customary accessory uses and buildings incidental to any of the above permitted uses, including:

1. Professional offices and home occupations, provided there is no external evidence of such uses except one (1) announcement or professional sign not over six (6) feet in area.

2. Signs, as provided in Section 11.09 of this Ordinance.

G. Planned Residential Development: subject to the provisions of Article XII. H. The following special exceptions, upon the issuance of a permit by the Zoning Hearing Board as provided for in Section 14-02 of this Ordinance.

1. Private nursery, elementary, and high schools and institutions of higher education.

2. Recreation areas and structures operated by membership clubs for the benefit of their members and not for gain.

-14- 3. Cemeteries, hospitals, clinics, convalescent and retirement housing.

4. Go1 f courses and country clubs.

5. Detached multiple and apartment dwell ing units , subject to the controls set forth in Article XI1 which were designed for and contained upon a single property of ten (10) acres minimum.

6. Necessary public utility structures and buildings. 7. Individual entrepreneurs engaged in contracting type occupations subject to the following conditions:

a. The business shall have no more than four (4) empl oyees . b. There shall be proper storage for vehicles, equipment, and supplies.

C. Appropriate buffers shall be created between such use and adjoining property uses.

d. Noise level shall be compatible with adjoining residential use. e. Operation shall conduct business during daylight hours.

8. Group Homes, provided that such homes meet the following conditions:

a. The group home shall be only for the mentally and physically handicapped; approval for all other types of group homes shall be required by both the P1 anni ng Commission and the Zoni ng Hearing Board.

b. Total occupancy in the group home, including supervisors and persons in residence, shall not exceed five (5) persons. c. Proper supervision as required by the applicable State and Pub1 ic Agencies, shall be provided.

d. A permit shall be required for the operation of all such homes. e. No more than two (2) group homes shall be located within the same zoning district or within four (4) blocks of one another along the same street, or within 1000 yards of one another along Township roads in non-residential areas.

- 15- f. Thirty (30) days shall be considered the minimum period for residence by occupants of the group home.

9. Bird sanctuaries, wilderness parks, and other types of natural conservancy areas, provided they are maintained by the owner.

SECTION 5.03 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREFENTS.

A lot width, lot area and yard depths of not less than the dimensions shown in the following table shall be provided for every dwelling unit and/or principal non-residential building hereafter erected or altered for any use permitted in this district.

PUBLIC LOT REQUIREMENTS YARD REQUIREENTS MIN. LOT MIN. LOT MAX. LOT ONE TOTAL UTILIT. AREA (SQ. FT. ) WIDTH COVER. (X) FRONT SIDE SIDES REAR

None 20,000 100' 25 30 I 15' 30' 35 I

Pub1 ic Water & Sewer 12,000 100' 30 30' 15' 30' 25 '

No building shall exceed two and one-half (2 1/21 stories or thirty- five (35) feet in height unless authorized as a special exception.

SECTION 5.04 - MINIMUM OFF-STREET PARKING REQUIREMENTS.

Off-street parking shall be provided in accordance with Section 11.07 of this Ordinance.

-16- ARTICLE VI R-2 - RESIDENTIAL DISTRICTS

SECTION 6.01 - INTENDED PURPOSE. The regulations for R-2 Residential Districts are designed to protect and stabilize the characteristics of the older existing built-up portions of the Township and encourage a suitable and safe environment for family life in areas with housing types other than single-family detached units. SECTION 6.02 - PERMITTED USES.

Uses permitted in the R-1 Residential Districts, subject to the regulations of the R-1 Residential Districts.

Two-family residential structures (duplexes).

Multiple family and conversion apartment dwellings. Customary accessory uses and buildings incidental to any of the above permitted uses, i ncl udi ng: home occupations, provided there is no external evidence of such uses except one (1) announcement sign not over six (6) square feet in area. The following special exceptions, upon the issuance of a permit by the Zoning Hearing Board as provided for in Section 14.02 of this Ordinance.

i. Special 'exceptions specified in R-1 Districts. 2. Professional offices and banks. 3. Grocery stores of a small convenience type. 4. Drug stores of a small convenience type.

5. Personal service shops when employing a maximum of one (1) person other than the owner.

SECTION 6.03 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS.

-17- DWELL I NG LOT REQUIREMENTS YARD REQUIREMENTS UNIT & MIN. LOT MIN. LOT MAX. LOT ONE TOTAL PUBLIC AREA {SQ. FT.) WIDTH COVER. (%) FRONT SIDE SIDES REAR . UTILIT.

Any Unit No Utilit. 20,000 100' 25 30' 15' 30' 35 '

Water and Sewer 12,000 100' 30 30' 15' 30' 25 '

Single Family Det. Water and Sewer 7 500 75 ' 30 30 ' 10' 20' 25 ' Semi -Det . Water and Sewer 6,50O/unit 65 ' 30 30' 10' 20' 25' Apartment Water and Sewer 3,50O/unit -- -- 30' 10' 20' 25 '

No building shall exceed two and one-half (2 1/21 stories and shall be limited to thirty-five (35) feet in height. SECTION 6.04 - MINIMUM OFF-STREET PARKING REQUIREMENTS.

Off-street parking shall be provided in accordance with Section 11.07 of this Ordinance. ARTICLE VI1 A - AGRICULTURAL DISTRICTS

SECTION 7.01 - INTENDED PURPOSE. This district is composed of those areas in the Township whose pre- dominant land use is agriculture. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas, minimize confl icting land uses detrimental to farm enterprises and limit development which requires highways and other public facilities in excess of those required by agricultural uses. SECTION 7.02 - PERMITTED USES. A. Single family dwell ings.

B. Crop and truck farming, pasturing, truck gardening, horticulture, greenhouses , nurseries , aviaries, hatcheries, apiaries and similar enterprises.

C. Raising .and keeping of poultry, rabbits, goats and similar animal s.

D. General and specialized farms , including the raising, keeping and breeding of livestock for gain (including cattle, hogs, horses, ponies, cows, sheep and similar livestock) upon a parcel of land having an area of not less than five (5) acres, subject to the following regulations. 1. No building in which farm animals are kept shall be closer than fifty (50) feet to any adjoining lot line. 2. No storage of manure or odor or dust-producing substances or material shall be permitted within fifty (50) feet of any adjoining lot line.

E. Public conservation areas and structures for the conservation of open space, water, soil , forest and wildlife resources. F. Public park and recreation areas, forest reserves, camps, game refugees and similar non-intensive public uses.

G. Public elementary and high schools and municipal buildings.

H. Customary accessory uses and buildings incidental to any of the

above permitted uses , incl uding the fol1 owing: ' 1. Roadside stands for the sale of "home-grown" or "home-made" products when located not less than twenty (20) feet from the right-of-way of any highway.

2. Signs, as provided for in Section 11-09 of this Ordinance.

-1 9- 3. Professional office and home occupations , providing there is no external evidence of such use except one (1) announcement or professional sign not over six (6) square feet in area.

I. The following special exceptions, upon the issuance of a permit by the Zoning Hearing Board as provided for in Section 14.02 of this Ordinance . 1. Churches and cemeteri es. 2. Pri vate nursery.

3. Elementary and high schools and institutions of higher education. 4. Hospitals, convalescent homes , retirement communities , animal hospitals.

5. Semi -pub1 ic or private recreational areas , game and wi 1d- life hunting and gun clubs, camps and structures.

6. Riding academy and stables. 7. Go1 f courses and country clubs. a. Kennel s .

9. Carnivals, outdoor circuses and migratory amusement enter- pri ses.

10. Recreational uses requiring large segregated land areas, providing that any of these uses shall not be located nearer than fifty (50) feet from the right-of-way of any highway . 11. Saw mills and other establishments associated with forestry.

12. Electric transformer stations and substations and gas regu- lator stations with service yards, with or without storage f ac i 1 i ties . 13. Detached, multiple and apartment dwelling units, subject to the controls set forth in Article XI1 designed for and contained upon a single property of thirty (30) acres or more and also adhere to the requirements of Section 7.05. 14. Group Homes, provided that such homes meet the following conditions:

a. The group home shall be only for the mentally and physically handicapped; approval for all other types of group homes shall be required by both the Planning Commission and the Zoning Hearing Board.

-20- b. Total occupancy in the group home, including supervisors and persons in residence, shall not exceed five (5) persons. c. Proper supervision as required by the applicable State and Pub1 ic Agencies, ,shall be provided.

d. A permit shall be required for the operation of all such homes.

e. No more than two (2) group homes shall be located within the same zoning district or within four (4) blocks of one another along the same street, or within 1000 yards of one another along Township roads in non-residential areas.

f. Thirty (30) days shall be considered the minimum period for residence by occupants of the group home.

15. Bird sanctuaries, wilderness parks, and other types of natural conservancy areas , provided they are maintained by the owner. SECTION 7.03 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREENTS. A lot width, lot area and yard depths of not less than the dimensions shown in the following table shall be provided for every dwelling and/or principal non-residential building erected or altered for any use permitted in this district.

LOT REQU1REK:NTS YARD REQUIREMENTS MIN. LOT MIN. LOT MAX. LOT ONE TOTAL US E AREA (SQ. FT.) WIDTH COVER. (%) FRONT SIDE SIDES REAR

Sing1 e Family 1 acre 100' 30 40' 20' 40' 45' All others 5 acres 400' 30 40' 20' 40' 45'

No building (with the exception of farm structures) shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height, unless authorized as a special exception. SECTION 7.04 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with Section 11.07 of this Ordinance.

-21- SECTION 7.05 - PERMITTED USES/SLIDING SCALE FORMULA. Residential units in Agricul tural/Conservation Zone shall be limited according to the following sliding scale formula for single- family residential units:

Size of Tract # of Dwellings Permitted 0 - 6 acres 4 6 - 10 acres 5 10 - 20 acres 6 30 - 50 acres 8 50 - 75 acres 9 75 - 100 acres 10 100 - +1 each additional 5 acres 12 This development would be directed to marginal areas of farmland. Single-family residential units shall contain an area of at least forty three thousand five hundred and sixty (43,560) square feet with minimum lot widths of two hundred (200) feet in order to provide appropriate distances between units along rural roads. Smaller lot widths may be approved by conditional use where terrain or other features create a hardship. larger lots would be precluded unless the physical characteristics of the land itself require lot sizes in excess of one (1) acre in order to accommodate the proposed dwelling, the proposed sewage disposal system, the proposed we1 1 and provide reasonable access. Single-family residential units shall be located so as to utilize the least agriculturally productive land feasible in order to minimize interference with agricultural production.

Land would be considered of low quality for agricultural use if:

1. The land has very low soil capability.

2. The land cannot feasibly be farmed:

a) due to the existing features of the site such as rock out- croppings, rock too close to the surface to permit plowing, swamps, the fact that the area is heavi.ly wooded, or the fact that the slope of the area exceeds fifteen (15) percent; or

b) due to the fact the size or shape of the area unsuitable for farming is insufficient to permit efficient use of farm machinery.

-22- ARTICLE VI11

I - INDUSTRIAL DISTRICTS

SECTION 8.01 - INTENDED PURPOSE.

This district is designed to accommodate wholesale activities , warehouses and industrial operations whose external physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts.

SECTION 8.02 - PERMITTED USES.

A. Any uses not otherwise prohibited by law of a manufacturing, fabricating, processing, packaging, compounding or treatment nature which, in the opinion of the Zoning Hearing Board, will not be injurious or have any adverse effect on the adjacent areas and subject to such conditions, restrictions and safeguards as may be deemed necessary by the Zoning Hearing Board in the interest of public health, safety and welfare.

B. Warehousing and wholesale establishments and storage yards; not including junk yards.

C. Pub1 ic uti1 ity exchanges, transformer stations, pump stations and warehouses, storage and transfer and electric gas service buildings and yards; heating and electric power generating pl ants.

0. Railroad transfer and storage tracks, passenger and/or freight terminals.

E. Customary accessory uses and buildings incidental to any of the above permitted uses.

F. Signs and advertising structures, providing that such signs or structures relate or refer directly to the materials made, sold or displayed .on the premises and further providing that such signs and structures are in.conformance with Section 11.09 OT this Ordinance.

G. The following special exceptions, upon the issuance of a permit by the Zoning Hearing Board as provided for in Section 14.02 of this Ordinance: Junk yards used for storage, wrecking and con- verting used or discarded materials, providing that such use is completely enclosed by an evergreen screen planting to be planted and maintained at a height of not less than eight (8) feet, backed by a solid fence not less than six (6) feet in height .

-23- SECTION 8.03 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS.

A lot width, lot area and yard depths of not less than the dimensions shown in. the following table shall be provided for every principal building hereafter erected or altered for any use permitted in this district.

LOT REQUIREMENTS YARD REQUIREMENS MIN. LOT MIN. LOT MAX. LOT ONE TOTAL AREA (SQ. FT. ) WIDTH COVER. (%) FRONT SIDE SIDES REAR

1 acre 150' None 30' ZO', 45' 30 ' 50' * Side yard requirement when abutting residential districts.

No building shall exceed three (3) stories or forty-five (45) feet in height unless authorized as a special exception.

SECTION 8.04 - MINIMUM OFF-STREET PARKING AND LOADING REQUIREENTS.

A. Off-street parking shall be provided in accordance with Section 11.07 of this Ordinance.

6. On the same premises with every building or structure or part thereof involving the receipt or distribution of materials or products , there shall be provided adequate space for standing , loading and unloading. All such spaces shall conform to a aimension of not less than ten by forty (10 X 401 feet or four hundred (400) square feet in area, with a clearance of not less than fourteen (14) feet in height. Spaces required shall be determined by the table below and located exclusive of any public right-of-way or requi'red parking area.

Gross Floor Area (Sq. Ft.) Spaces Requi red

up to 2,000 No ne

2,001 to 10,000 One (1) Space 10,001 to 50,000 One (1) space plus one (1) additional space for each 20,000 sq. ft. or fraction thereof in excess of 10,000 sq. ft.

50,001 and Over Three (3) spaces plus one (1) additional space for each 40,000 sq. ft. or fraction thereof in excess of 50,001 sq. ft.

-24- ARTICLE IX

HC - HIGHWAY COMMERCIAL DISTRICTS

SECTION 9.01 - INTENDED PURPOSE.

The purpose of this district is to provide reasonable standards for the development of commercial uses with highway access. SECTION 9.02 - PERMITTED USES.

A. Public buildings and facilities.

B. House of Worship.

C. Business or Professional Offices.

D. Funeral Home.

E. Car washes, public garages,, filling and service stations.

F. Eati ng establ i shments.

G. Personal service establ ishrwnts , i ncl udi ng coin operated 1 aun- dry; dry-cleaning establishments.

ti. Vehicle salesroom or service; mobile home sales. I. Greenhouse. J. Medical Clinic. K. Retail store.

L. Financial institutions.

M. Clubs, lodges, meeting halls. N. The following principal uses shall be permitted as special exceptions when approved by the Board of Supervisors, according to the criteria establ i shed.

1. Multi -family or two-family conversion

2. Shopping center or mall

3. Cornunity Shopping or office center 4. Public buildings and facilities

5. Outdoor commercial recreational establishments; campground

6. Heavy storage service (e.g., warehouse, building materi a1 yard)

-25- 7. Adult bookstore, adult theater

8. Recreational establishment

9. Motel ; hotel SECTION 9.03 - LOT AREA AND WIDTH.

Lot area and lot width not less than the following dimensions shall be provided for each dwelling unit and/or principal use hereafter established in this district.

A. Minimum Lot Area - Twelve thousand (12,000) sq. ft.

B. Minimum Lot Width - Eighty (80) feet.

SECTION 9.04 - SETBACKS.

Each lot shall provide front, side and rear setbacks not less than the fol lowing:

A. Front Setback - Sixty (60) feet. B. Each Side Setback - Twenty-five (25) feet. C. Rear Setback - Thirty (30) feet. SECTION 9.05 - BUILDING HEIGHT. The height limit for a main building shall not exceed forty (40) feet. The maximum height for an accessory building shall be twenty (20) feet. No dwelling shall be less than one story in height. SECTION 9.06 - BUILDING COVERAGE.

Not more than sixty (60) percent of the lot area shall be devoted to buil dings , i ncl udi ng accessory bui 1 dings. SECTION 9.07 - IMPERVIOUS SURFACE COVERAGE. Not more than seventy-five (75) percent of the lot area, inc udi ng building area coverage, may be covered with an mpe r vi o u s su r f ac e

-26- ARTICLE X

OS - CONSERVATION/OPEN SPACE DISTRICTS

SECTION 10.01 - INTENDED PURPOSE.

These district regulations are designed to protect areas in the Township for the preservation and conservation of the natural environment and to permit and encourage the retention of open land; floodplain areas of streams, creeks and drainageways; and open land uses located to constitute a harmonious and appropriate part of the physical development of the Township.

In keeping with the intended purpose of these districts and generally define the location of certain conservation/open space areas parallel to streams, creeks and drainageways within the Township, a minimum distance of one hundred (100) feet from each side of the cen- terline of such streams, creeks and drainageways shall be deemed the established boundary of these districts unless otherwise shown on the Zoning Map by location or dimension thereof.

SECTION 10.02 - PERMITTED USES.

A. Public conservation areas and structures for the conservation of open space, water, soil and wildlife resources.

B. Public park and recreation areas, game refuges and similar non- intensive public uses.

L. Agriculture , horticulture , truck gardening and nurseries.

D. Single family residences.

E. Customary accessory uses and buildings incidental to any of the above permitted uses.

F. The following special exception uses, upon the issuance of a permit by the Zoning Hearing Board as provided for in Section 14.02 of this Ordinance.

1. Semi-public or private recreational areas, game and wildlife hunting and gun clubs, historical preservation areas, camps and structures operated by membership clubs for the benefit of their members and not for gain.

2. Public owned and public utility buildings and structures where operation requirements necessitate locating within the district.

3. Riding stables.

4. Winter sports areas and ski lodges.

5. Country clubs and golf courses.

-27- SECTION 10.03 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS.

A lot width, lot area and yard requirements (setbacks) of not less than the dimensions shown in the following table shall be provided for every dwelling unit and/or principal non-residential building hereafter erected or altered for any use permitted in this district.

PUBLIC LOT REQUIREMENTS SERVICES MIN. LOT MIN. LOT WX. LOT AREA WIDTH COVER. (%)

Conservation None 10 acres 500' 2 (non-floodpl ain) required

F1 oodpl ai n Seasonal homes None 1 acre 250' 8 required

Year-round No ne 2 acres 300' 4 homes required

SECTION 10.04 - MINIMUM OFF-STREET PARKING REQUIREMENTS.

Off-street parking shall be provided in accordance with Section 11.07 of this Ordinance.

SECTION 10.05 - ADDITIONAL REQUIREMENTS FOR 100-YEAR FLOODPLAIN AREA Any proposed new use or development or substantial changes to existing development located wholly or partially within the 100-year floodplain shall be subject to the standard requirements and regulations of the Point Township Floodplain Ordinance in addition to all applicable regulations of this Zoning Ordinance.

-28- ARTICLE XI

SUPPLEMENTARY RE GULAT IONS

The provisions of this Ordinance shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

SECTION 11-01 - ACCESSORY BUILDINGS. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this Ordinance for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements with respect to the principal building. Accessory buildings shall not exceed one (1) story or fifteen (15) feet in height and may not occupy more than thirty (30) percent of a required rear yard.

SECTION 11-02 - TEMPORARY STRUCTURES FOR DWELLING PURPOSES. No cabin, trailer coach, garage, basement or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time unless approval for temporary use is granted by the Zoning Hearing Board.

SECTION 11.03 - WATER SUPPLY AND SEWERAGE FACILITIES REQUIRED.

In the interest of protecting the public health, safety and welfare, every building or structure hereafter erected, commercial or recreational , business or industrial purposes shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of human excreta and domestic, commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Health.

SECTION 11.04 - EXCEPTIONS. A. Pub1 ic Uti1 i ty Corporations

The provisions of this Ordinance shall not apply to any existing or proposed building, structure, use or extension thereof used or to be used by public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, decide that the present or proposed location in question is reasonably necessary for the convenience and welfare of the public.

B. Application to Lots of Record

1. Where two (2) or more abutting lots of record are held in one (1) ownership, either legal or equitable, or subse- quently come to be held in one ownership, they shall be considered to be a single lot of record for the purpose of this Ordinance; and the provisions of this Ordinance shall

-29- not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcel s.

2. Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable him to conform to the requirements herein prescribed, such lot may be used by said owner as a building site, provided that the required open space and other provisions conform as closely as possible, in the opinion of the Zoning Heariny Board, to the requirements of the district in which it is 1 ocated.

C. Height Exceptions

The height limitations of this Ordinance shall not apply to church spires, si 10s , bel fries , cupol as , penthouses and domes not used for human occupancy nor to chimneys, ventilators, sky- 1 ights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as necessary to accomplish the purposes they are to serve and then only in accordance with any other governmental agencies.

SECTION 11.05 - REQUIRED STREET ACCESS. Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts a street or road containing a right-of-way of at least thirty-three (33) feet in width for a distance of not less than thirty (30) feet.

SECTION 11.06 - VISIBILITY AT INTERSECTIONS.

On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than two and one-half (2 1/21 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street centerlines and a straight line adjoining said street centerlines at points which are one hundred (100) feet distant from the point of intersection measured along said street center1 ines. SECTION 11.07 - OFF-STREET PARKING.

Adequate space for off-street parking of motor vehicles shall be provided and maintained for each building, structure or use hereafter erected, a1 tered or establ i shed, excl usive of any pub1 ic right-of -way. No part of any required front yard shall be used for parking purposes. A minimum of two hundred (200) square feet, exclusive of drives, en- trances and exits, shall comprise one (1) vehicular parking space. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule.

-30- MINIMUM REQUIREMENTS FOR PARKING AREAS OR ACCESSORY GARAGES*

Minimum Spaces Use Required For Each

Single and Two Family 1 Dwell i ng Unit Residential Dwell i ng 2 Dwell i ng Unit when frontage on street is less than 50 feet or paved street width less than 35 feet Mu1 tiple Dwell i ngs 4 3 Dwelling Units Boarding or Lodging House, Tourist Home 1 Guest bedroom and resident family Hotels and Motels 1 Guest bedroom plus 1 space for each 3 employees Membership C1 ubs 1 5 Members Professional Office in a Residential Building 1 100 sq. ft. net floor space by such office Auditorium, Stadium, Theater Convention Hall or Similar 1 3 persons in design capacity of bui 1 ding Bowl i ng A1 1 ey and Commercial Recreation 4 Lane and/or 16 persons in design capacity Business Center Devel opment 1 150 sq. ft. of gross floor area Funeral Home 1 100 sq. ft. of assembly room space Hospital, Nursing Home, C1 inic 1 2 beds Industrial or Wholesale 1 Employee on largest shift Offices and Office Building 1 200 sq. ft. of net floor space Research Institute or La bo rato ry 1 Empl oyee Retail Store, Shop, Bank 1 200 sq. ft. of net floor space Public Library , Gal lery', Museum 1 200 sq. ft. of net floor space Automobile Service Stations 1 1,000 sq. ft. of lot area Elementary and Junior High School 1 Faculty member and employee Senior High School 1 Facul ty member , employee and 8 students Church 1 3 seats in main unit of worship Restaurants , Night C1 ubs , 1 T aver ns and- Lounges A 2.5 seats * In all districts when the required parking area or number of parking spaces calculated results in the requirement of a fractional space, any fraction under one-half may be disregarded and any fraction over one- half construed as requiring a full space.

-31- SECTION 11.08 - FENCES.

No barrier type fence shall be erected in a front yard in a residential district; picket or other type of open fencing, shall be permitted to a height of four (4) feet. Fences in side and rear yards may be of the enclosure type, but shall not exceed six (6) feet in height.

SECTION 11-09 - SIGNS AND ADVERTISING STRUCTURES.

Signs may be erected and maintained only when in compliance with the provisions of this Ordinance and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.

A. GENERAL REGULATIONS.

All signs and/or advertising structures where permitted in the Zoning Ordinance are subject to the following:

1. Signs, not including temporary signs, that contain moving parts or use flashing or intermittent illumination, shall not exceed forty-five (45) square feet and shall be placed at least twenty (20) feet from the nearest right-of-way. Such signs shall be erected in a location in which they will not cause a traffic hazard or create an excessive glare to passing motorists.

2. It shall not cast objectionable light upon any dwelling or mixed use dwelling on a separate lot.

3. It shall be no higher than thirty-five (35) feet from the ground to the highest part of the sign. 4. It shall not be so erected as to obstruct entrance to or exit from a required door, window, fire escape or other required exitway. 5. Temporary signs of painters, mechanics, contractors and the like are permissible in all districts, provided such signs are removed as soon as work is completed on the premises.

6. Temporary signs and banners of a non-commercial nature across rights-of-way are permitted as an exception by the Zoning Hearing Board provided permission is obtained from the Township Supervisors, it is erected in a location in which it will not cause a traffic hazard, it meets safety standards and is maintained and it is removed when its temporary use is completed.

7. No billboards and advertising sign boards may be erected and maintained in agricultural, commercial and industrial districts. In the event that an existing billboard is removed or destroyed, it shall not be rep1 aced.

-32- B. SIGNS IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.

The following types of signs nay be permitted in residential and agricultural districts unless otherwise provided:

1. One (1) name plate and 0n.e (1) house sign for each dwell ing unit, professional office or home occupation, provided it does not exceed six (6) square feet in a residential zone or twelve (12) square feet in an agricultural zone and identifies only the name and title of occupant. It shall not extend beyond a vertical plane two (2) feet inside the lot from the street line. If lighted, it will be illuminated without objectionable glare. No displays or change in facade shall indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling. 2. One (1) real estate sign, provided it is unlighted and not less than ten (10) feet back from the front lot line, does not exceed ten (10) square feet in area and pertains either to the lease, rental or sale of the premises on which it is maintained.

3. One (1) institutional sign, provided it does not exceed sixteen (16) square feet in area and is not closer to a right -of -way than one-ha1 f (1/2 the depth of the exi sting front yard. If lighted, it will be illuminated without objectionable glare. 4. Signs up to two (2) square feet in area on each side which are necessary for the identification, protection and operation of public utility facilities.

C. SIGNS IN HIGHWAY COMMERCIAL AND INDUSTRIAL DISTRICTS. 1. One (1) wall sign to a property, provided it is attached to the wall of a building and projects horizontally no more than twelve (12) inches therefrom, is not less than ten (10) feet above the sidewalk and occupies not more than twenty (20) percent of the total area of the front of the principal building. It shall not project more than three (3) feet above the roof line or parapet wall . 2. One (1) projecting sign, not larger than thirty (30) square feet , provided it shall not project beyond a vertical plane two (2) feet inside the lot from the street line.

3. Commercial district identification signs, provided they are separate and not attached to any building. The maximum is two (2) such signs for any one (1) general area. Heights of signs shall be a maximum of twenty (20) feet measured from the ground, and the maximum size of the sign portion itself shall not exceed one hundred (100) square feet.

-33- SECTION 11.10 - CONVERSION APARTMENTS.

In residential districts, residential structures existing at the date of the adoption of this Ordinance may be converted into apartments, providing there shall be a minimum of two thousand (2,000) square feet of land area per apartment and a minimum of seven hundred (700) square feet of floor area per apartment. SECTION 11.11 - MOBILE HOMES. Mobile homes shall meet the minimum standards established by the Department of Housing and Urban Development in 1977 pertaining to the construction of Mobile Homes. No homes manufactured prior to that date shall be considered to have met those standards. 1. Fastenings: Mobile homes shall be securely fastened to the ground or foundation to withstand wind and damage.

2. Occupancy: No mobile home shall be occupied, unless it is supported on concrete blocks or jacks, or rests on a foundation wall , and is connected with utilities. 3. Skirting: Mobile homes shall be provided with skirting made from aluminum or other material , from the bottom of the walls to the ground. SECTION 11.12 - MOBILE HOME PARKS. 1. Minimum Park Area: A mobile home park shall have an area of at least five (5) acres.

2. Foundations: Mobile homes shall be provided with either (a1 a stand or pad consisting of a solid, six (6) inches of reinforced wire poured cement concrete base not less than eight (8) feet wide and forty-five (451 feet long, or (b) a concrete or cement block foundation placed at least three and one-half (3 1/21 feet into the ground, extending to the floor level of the mobile home and providing support for the mobile how.

3. Density: The density shall not exceed five (5) mbile homes per gross acre.

4. Setbacks: The minimum front, side and rear yards for mobile home parks shall be fifty (50) feet in depth as measured at right angles from the property line. This space shall be used for no other purpose except landscaping and access roads.

5. Buildin Hei ht: The maximum height of any building shall be fif- +teen 15 feet or one (1) story. 6. Comprehensive Plan: Mobile home parks shall be located in conformance with the Point Township Comprehensi ve P1 an.

-34- 7. Site Location: A mobile home park shall be located on land having a reasonable flat terrain (having an average slope of ten (10) percent or less). The land shall be free from garbage, swamps, marshes, smoke, excessive noise, or other elements generally considered detrimental to residential development. The location shall be free from flooding by a one hundred (100) year flood and shall have access to public roads.

8. Mobile Home Lots: Only one mobile home, including its extensions or additions, may be placed on each mobile home lot, where the lot shall have access to a mobile home park street. Each lot shall have a minimum area of eight thousand (8,000) square feet and a minimum lot width of forty (40) feet. The minimum front, side and rear yards for any mobile home lot shall be ten (10) feet. No more than thirty (30) percent of any lot shall be covered by structures.

9. Recreation Areas: A mobile home park shall be provided with a recreation area for mobile home residents. The recreation area shall be not less than ten (10) percent of the total area of the park maintained by owner. Such an area shall be appropriately developed with recreation facilities and easily accessible to all homes in the park.

10. Utilities: All utilities serving mobile home lots shall be placed at least three and one-half (3 1/2) feet underground. Each mobile home in the park shall be served by public water and sewage.

11. Draina e: Storm drainage from roofs and paved areas shall be ddto natural drainage courses and away from adjoining properties and public roads. Trees and shrubbery shall be maintained on the property of the mobile home park and on every lot.

12. Refuse Storage: Each home shall provide its own garbage and refuse containers in accordance with any Township regulations and the operator shall provide a means of garbage disposal, whether by dumpster or other approved method.

13. Ingress and Egress: Access points to public streets from a mobile home park shall be located not less than one hundred fifty (150) feet from any street intersection. Streets within the mobile home park shall be paved and constructed according to Township specifications.

14. Parking Areas: Parking spaces shall be required by Article V. All parking areas for mobile home lots shall be paved.

15. Subdividing: A mobile home park is divided into parcels for leas- ing and is therefore subject to the regulations of the Subdivision and Land Regulation Ordinance of Northumberl and County.

16. The Township may require suitable screen planting, or may restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards as to the use of land for a mobile home park as the Board may deem necessary to protect the general we1 fare.

-35- 17. A mobile home park and extension thereof shall also comply with all applicable State and/or municipal regulations now in effect or hereafter enacted.

SECTION 11.13 - RECEIVING DISHES.

Receiving dishes may be installed, with the approval of the Zoning Officer, in any district, provided that said receiving dishes are located in conformance with the setback requirements of the district in which they are located. If mounted upon the roof of any building or structure, said receiving dishes may be of a size no more than five (5) feet in diameter.

SECTION 11.14 - MODIFICATION OF LOT REQUIREMENTS FOR KAPP HEIGHTS AND HILBISH HEIGHTS, PRIESTLEY TERRACE.

Due to varying lot configurations, the Zoning Officer shall have the right to make determinations for building setbacks and other lot requirements for existing nonconforming lots.

SECTION 11.15 - MINING AND DRILLING.

In the interest of protecting the public health, safety and welfare, mining and drilling plans must be submitted to and approved by the Zoning Hearing Board. This shall encompass all activities resulting in the removal of minerals from the ground, including sand and stone, and the drilling of oil and natural gas.

-36- ARTICLE XI1

PLANNED RESIDENTIAL DEVELOPMENT

SECTION 12.01 - STATEENT OF INTENT.

A. The intent of this Article is to provide, in the case of planned projects, an added degree of flexibility in the placement, bulk and inter-relationship of the buildings and uses within the planned project and the implementation of new design concepts while at the same time maintaining the overall intensity of use, density of population and amounts of light, air, access and open space specified by this Ordinance for the district in which the proposed project is to be located.

B. The housing type, minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedures set out hereafter which shall prevail over conflicting requirements of this Ordinance or the regulations governing the subdivision of land.

SECTION 12.02 - PROCEDURE.

A. An application for a permit authorizing a special exception use must be made with the Planning Commission in three (3) copies. This application shall contain at least the following:

1. A legal description of the property under consideration, which also shows that such property is at least ten (10) acres in area.

2. A fully dimensioned map of the land, including topographic information at a contour interval of not less than two (2) feet.

3. A site plan showing the location of all existing and proposed principal and accessory buildings and structures , parking lots , buffer strips, pl antings , streets, pub1 ic ways and curb cuts,.

4. Proposed reservations for park , parkways , playgrounds , school sites and other open spaces, with an indication of the structure of the organization proposed to own and main, tain the common open space.

5. A vicinity map showing the location of the site in relation to the surrounding neighborhood.

6. Architectural sketches, at an appropriate scale , showing building height, bulk interior layout and proposed use.

7. The feasibility of proposals for the disposition of sanitary waste and storm water.

-37- a. The substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures , including proposed ease- ments of grants for public utilities.

9. The required modifications in the land use regulations otherwise applicable to the subject property.

10. A schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed if the development plans call for development over a period of years. This schedule must be up-dated annually on the anniversary of its approval until the development is corn- pleted and accepted.

11. A written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and consistent with the comprehensive plan for the development of the Township.

0. The Planninq Commission shall refer the application to the Township Planning Commission and the County pl'anning agency for study and recommendation. The County and Township planning agencies shall be required to report to the Township Planning Commission within thirty (30) days or forfeit the right to review. The Township Planning Commission shall hold a public hearing within sixty (60) days after the filing of the application for tentative approval in the manner prescribed in Article XIV for the enactment of an amendment to the Zoning Ordinance. The Planning Commission may continue the hearing from time to time; provided, however, that, in any event, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing.

C. After a study of the application and within thirty (30) days following the conclusion of the public hearings, the Planning Commission shall make a written report by certified mail to the applicant. Said report will grant tentative approval of the development plan as submitted, grant tentative approval subject to ,specified conditions not included in the development plan as submitted or deny tentative approval to the development plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. If tentative approval is granted subject to conditions, the landowner may, within thirty (30) days after receiving a copy of the official written report, notify the Planning Com- mission of his refusal to accept all said conditions; in which case, the Planning Commission shall be deemed to have denied tentative approval of the development plan. If the landowner does not, within said period, notify the Planning Commission of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

-38- The granting or denial of tentative approval by official written communication shall include conclusions and findings of fact related to the proposal and the reasons for the grant, with or without conditions, or the denial. Also contained in the communication shall be a statement of the respects in which the development plan is or is not in the public interest, including conclusions on the following:

1. Those respects in which the development plan is or is not consistent with the comprehensive plan 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, location and amount of the 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 devel opment.

4. The physical design of the development plan and the manner in which said design does or does not make adequate provision for public service; provide adequate control over vehicular traffic; and further the amenities of light and air, recreation and visua1 enjoyment.

5. The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood 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 the residents of the planned residential development in the integrity of the development plan.

7. The time period within which an application for final approval 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 thereof shall be filed. The time so established shall not be less than three (3) months and, in the case of the phased development, not less than twelve (12) months for applications for each part of a plan.

D. The official written communication shall be certified by the Secretary of the Planning Commission and filed in his office. Where tentative approval has been granted, the same shall be noted on the Zoning Map.

-39- Tentative approval shall not qualify a plat of the planned residential development for recording, development or the issuance of any building permits. A plan which has received tentative approval shall not be modified, revoked nor otherwise impaired by action of the Township if the time periods for submission of the final application specified in said written communication are being fulfilled without the consent of the appl icant. In the event tentative approval was granted, but prior to final approval, and the applicant elects to abandon said plan and notifies the Planning Commission in writing or fails to file for final approval within the specified times, the tentative approval shall be deemed to be revoked; and all the area in the development plan which has not received final approval shall be subject to the Zoning Ordinance as otherwise applicable there- to, and the same shall be noted on the Zoning Map and in the records of the Secretary of the P1 anni ng Commission. E. The application for final approval may be for all the land included in the plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Planning Commission within the time or times specified by the tentative approval. The application for final approval shall meet a1 1 requirements and contain a1 1 enclosures specified for the final plan of a subdivision within the Point Township Subdivision and Land Development Ordinance. A pub1 ic hearing on an application for final approval of the development plan or part thereof shall not be required, provided the development or part thereof submitted for final approval is in compl iance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.

1. When the final application has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the Ordinance and the official written communication of tentative approval, the Planning Commission shall, within thirty (30) days of such filing, grant final approval to said plan.

2. When the final application contains variations from the plan given tentative approval , the P1 anning Commission may refuse to grant final approval and shall, within thirty (30) days of the filing, so advise the applicant of said refusal , setting forth the reasons why one or more of the variations are not in the public interest. In the event of such refusal , the applicant may either refi le his appl ication without the objected variations or request a public hearing on his application for final approval. Either action shall be taken within the time which the applicant was entitled to apply for final approval or within thirty (30) additional days if the said time already passed when the applicant was advised of the denial. If no action is taken by the applicant, the plan is deemed to have been abandoned. If a public hearing is requested, it shall be

-40- conducted in the same manner prescribed for tentative approval ; but the written comunication shall either grant or deny final approval while in the form and contain the findings required for an application for tentative approval.

F. A development plan or any part thereof which has received final approval shall be certified by the Planning Commission and filed within ninety (90) days with the Northumberland County Recorder of Deeds. Should the plan not be recorded within such period, the action of the Planning Commission shall become null and void. No development plan shall take place until the plan has been recorded; and from that time, no modification of the provisions of said plan or part thereof as finally approved shall be made without the consent of the landowner.

G. In the event a plan or section thereof has been given final approval and the landowner decides to abandon said plan or section and shall so notify the Planning Commission or fail to develop the plan according to the annually up-dated schedule, no development or further development shall take place on the property included in the plan until the said property is resub- divided and reclassified by enactment of an amendment to the Poi nt Township Zoni ng Ordi nance . H. Any decision of the Planning Commission under this Article granting or denying tentative or final approval of a development plan shall be subject to appeal to court in the same manner and within the same time limitation provided for zoning appeal s. SECTION 12.03 - PLANNED DEVELOPMENT STANDARDS.

A. Dwelling Units Permitted

The maximum number of dwelling units permitted as an average per acre shall be four (4) in the case of single-family units and eight (8) in the case of attached multiple-unit development. The area of land set aside for common open space or recreational use shall be incl uded in determining the number of dwelling units permitted. In no case may more than twenty (20) percent of the net developable land area, as defined by zone, be devel oped into mu1 tip1 e dwell i ngs . Net devel opment area shall be determined by subtracting the area set aside for churches and school use from the gross development area and deducting fifteen (15) percent of the remainder for streets, regardless of the amount of land actually required for streets.

The minimum number of dwelling units permitted as an average per acre shall be two (2) in the case of single-family units and four (4) in the case of attached multiple-unit development.

-41- B. Lot Area and Frontage

In no case shall a single family lot be created with an area of less than five thousand (5,000) square feet or frontage of less than fifty (50) feet at the building line and thirty (30) feet at the right-of-way (property) line, with the exception of Townhouses, which shall have a rninimum of twenty-five (25) feet at the building line and thirty (30) feet at the right-of-way (property) 1 ine.

C. Other Requi rements

1. Off-street parking shall be provided according to the minimum requirements set forth in Section 11.07 of this Ordi- nance. The layout and improvement of parking lots and garages shall also conform with this section and other applicable ordinances. The design, arrangement and improvement of streets and driveways shall conform with the Ordinance regulating the subdivision of land.

2. Recreational Set-aside

At least five (5) percent of the total area to be developed shall be set aside permanently for recreational uses by the residents of the Planned Residential Development. Such area shall be maintained by the developer or special ar- rangements shall be made with the future landowners to maintain such space.

-42- ......

ARTICLE XI11

NON-CONFORMING BUILDINGS AND USES

SECTION 13.01 - CONTINUANCE.

Except as otherwise provided in this Section, the lawful use of land or buildings existing at the date of the adoption of this Ordi- nance may be continued, although such use or building does not conform to the regulations specified by this Ordinance for the zone in which such land or building is located; provided, however,

A. That no non-conforming lot shall be further reduced in size; B. That no non-conforming building shall be enlarged, extended or increased unless enlargement would tend to reduce the degree of no n-con fo rmanc e ; C. That no non-conforming use may be expanded. SECTION 13.02 - ABANDONMENT.

A non-conforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to re-instate such use with a period of one (1) year from the date of cessation or discon- tinuance. Such use shall not thereafter be re-instated, and the structure shall not be re-occupied except in conformance with this Ordi- nance. SECTION 13.03 - RESTORATION. If any non-conforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of more than seventy-five (75) percent of the recorded true value as appraised in the records of the tax assessor, then such destruction shall be deemed complete destruction; may be rebuilt upon approval by the Planning Commission and the Township Supervisors, in conformity with the regulations of this Ordinance. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe. The regulation of this Section shall not apply to barns and other out-buildings on lots of five (5) acres or more, providing the new construction complies with the applicable regulations of this Ordinance. SECTION 13.04 - REVERSION. No non-conforming use shall, if once changed into a conforming use, be changed back again into a non-conforming use.

SECT ION 13.05 - ALTERAT IONS.

A non-conforming building may be altered or improved, provided the alteration or improvement does not amount to a substantial increase of a non-conforming use; but if such a1 terations or improvements involve

-43- any increase in lands so used or in the cubic content of the buildings so used, the permit for the alteration or improvement shall be issued only upon variance granted in accordance with law.

SECTION 13.06 - CONSTRUCTION APPROVED PRIOR TO ORDINANCE.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit and the ground story framework of which (including the second tier of beams) shall have been completed within six (6) months of the date of the permit and which entire building shall be completed according to such plans as filed within one (1) year from the date of this Ordinance.

SECTION 13.07 - DISTRICT CHANGES.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classi fication, the foregoing provisions shall a1 so apply to any non- conforming uses existing thereon or created thereby.

-44- ARTICLE XIV

ADMINISTRATION AND ENFORCEMENT

SECT ION 14.01 - ENFORCEMENT.

The provisions of this Ordinance shall be administered and enforced by the Zoning Officer of the Township. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, a7 teration or use thereof would be in viol ation of any provision of this Ordinance. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any building, plans or premises under construction or alteration to be inspected or exam- ined and to order in writing the remedying of any conditions found to exist in violation of any provision of this Ordinance, and he shall have the right to enter any building or premises during the daytime in the course of his duties.

SECTION 14.02 - CERTIFICATES AND PERMITS.

A. Zoning Permits

Zoning permits shall hereafter be secured from the Zoning Offi- cer's office prior to the issuance of a building permit for the construction, erection or alteration of a structure or sign or part of a structure or upon a change in the use of a structure or 1 and.

B. Speci a1 Exceptions

Applications for any special exceptions as permitted by this Ordinance shall be made to the Zoning Hearing Board through the Zoning Officer.

C. Temporary Use Permits

It is recognized that it may be in accordance with the purpose of this Ordinance to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this Ordinance. If such uses are of such nature and so located that, at the time of petition, they will:

1. In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone, and

2. Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved.

Then the Zoning Hearing Board may, subject to all regulations for the issuance of a special exception elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six (6) months. Such permits may be extended not more than once for an additional period of six (6) months.

-45- I 0. Certificate of Occupancy

It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partially until a certificate of occupancy has ,been issued for the premises cer- tifying that the structure or use complies with the provisions of this Ordinance. Such occupancy permits shall be granted or denied within ten (10) days from the date that a written application is filed with the Zoning Officer. In the event that the issuance of a certificate of occupancy is denied upon application thereof, the Zoning Officer shall notify the Zoning Hear- ing Board, in writing, his action and the specific reasons thereof. SECTION 14.03 - RECORDS. It shall be the duty of the Zoning Officer to keep a record of a 1 applications for zoning permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, togeth r with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall be available for the use of the Township Supervisors. The Zoning Officer shall prepare a monthly report for the Township Supervisors summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. SECTION 14.04 - ZONING HEARING BOARD.

A. Membership of the Board

The membership of the Board shall be three (3) residents of the Township appointed by the Township Supervisors. Their terms of office shall be three (3) years and so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Supervisors of any vacancies which shall appoint an interim member to serve for only the unexpired portion of the term. Members of the Board shall hold no other office in the Township, except that no more than one (1) member of the Board may also be a member of the Planning Commission. B. Removal of Members

Any Board member may be removed for mal feasance , misfeasance or non-feasance in office or, for other just cause by a majority vote of the Township Supervisors, taken after the member has received fifteen (15) days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.

-46- C. Organization of Board

The Board shall elect, from its own membership, its officers who shall serve annual terms as such and may succeed them- selves. 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; but the Board may appoint a hearing officer from its membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided for in Section 14.04 D of this Ordinance. The Board may make, alter and rescind rules and forms for its procedure consistent with ordinances of the Township and the Laws of the Commonwealth. The Board shall keep full public records of its business and submit a report of its activities to the Township Supervisors once a year.

D. Zoning Hearing Board Functions

1. Hearings

The Board shall conduct hearings and make decisions in accordance with Section 908, Pennsylvania Municipal ities Planning Code (Act 247, as amended). Notice shall be given to the public, the applicant, the County planning agency, the Zoning Officer, such other persons as the Township Supervisors shall designate by ordinance and any person who has made a timely request for the same. Notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. The Supervisors may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.

2. Appeals

The Board shall hear and decide appeals where it is allege by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or mis- applied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court , where appropriate.

3. Challenge to Validity

Except as provided in Item 4 below relating to variances, the Board shall have no power to pass upon the validity of any provisions of an ordinance or map adopted by the Town- ship Supervisors. Recognizing that challenges to the validity of an ordinance or map may present issues of fact and interpretation which may 1 ie within the special competence of the Board and to facilitate speedy disposition of such challenges by a court, the Board may hear all challenges

-47- wherein the validity of the ordinance or map presents any issue of fact or interpretation not hitherto properly determined at a hearing before another competent agency or body and shall take evidence and make a record thereon as provided for in Item 1 above. At the conclusion of the hearing, the Board shall .decide all contested questions of interpretation and make findings on all relevant issues of fact which shall become part of the record on appeal to court.

4. Variances

The Board shall head requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the appl icant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer. The Board may grant a variance , provided the following findings are made where relevant in a given case.

a. That there are unique physical circumstances or conditions (including irregularity, narrowness or shallow- ness 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 Ordi- nance in the neighborhood or district in which the property is located;

b. That, because of such physical circumstances or conditions, there is no possibility the property can be developed in strict conformity with the provisions of the Zoning Ordinance and the authorization of a variance is therefore necessary to enable the reasonable use of the property;

c. That such unnecessary hardship had not been created by the appel1 ant;

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; and

e. That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to imp1 ement the purposes of this Zoning Ordinance.

-48- 5. Special Exceptions

Where, in this Ordinance, special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes of this Ordinance. The board shall pursue the following procedure.

a. The Board's decision to grant a permit for special exception use shall be made only after public notice and public hearing. Such permit shall apply specifically to the application and plans submitted and pre- sented at said public hearing. Any subsequent amendments or additons shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.

b. No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Township and, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Com- mission shall have thirty (30) days from the date of its receipt of the application within which to file its report thereon. In the event that said Commission shall fail to file its report within such thirty (30) days, such application shall be deemed to have been approved by said P1 anning Commission. The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of the Zoning Ordinance. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue such permit if, in its judgment, any one of such cases will not be detrimental to the health, safety and general we1 - fare of the Township and is deemed necessary for its convenience.

A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this Section shall be construed to be a conforming use.

-49- 6. Parties Appellant Before Board

Appeal s under Item 2 above and proceedings to chal lenge an ordinance under Item 3 above may be filed with the Board, in writing, by any officer or agency of the Township or any person aggrieved. Request for a variance under Item 4 above and for special exception under item 5 above may be filed with the Board by any landowner or any tenant with the permission of such landowner. a. Time Limitations

The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following:

1) No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the Board later than thirty (30) days from the time such ordinance, map or amendment takes effect, unless the person raising such issue alleges and proves that he failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his interest after the enactment of the ordinances, adequate notice to his predecessor in interest shall be deemed adequate notice to him.

2) No person shall be allowed to file any proceeding with the Board later than thirty (30) days after any application for development, preliminary or final , has been approved by an appropriate Township officer, agency or body if such proceeding is designed to secure reversal or limit the approval in any manner, unless such person alleges and proves that he failed to receive adequate notice of such approval. If such person has succeeded to his interest after such approval , adequate notice to his predecessor in interest shall be deemed adequate notice to him.

b. Stay of Proceedings

Upon filing of any proceeding referred to in this item and during its pendency before the Board, all land development pursuant to any challenged ordinance , order or approval of the Zoning Officer or 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 j uri sdicti on of zoni ng appeal s on petition after

-50- notice to the Zoning Officer or other appropriate agency or body. When an 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 jur- isdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board; the question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.

E. Zoning Appeal s to Court

Zoning appeals shall include appeals from the decisions of the Zoning Hearing Board and appeals upon report of the Board in proceedings to challenge the validity of any ordinance or map.

Zoning appeals may be taken to court by any party before the Board or any officer or agency of the Township.

The procedure to be followed in filing appeals to the courts shall be in accordance with Article X, Pennsylvania Municipal i- ties Code (Act 2471, as amended.

SECTION 14.05 - FEES, VIOLATIONS AND PENALTIES.

A. Fees

Each application made for variances, special exceptions or appeals shall be accompanied by a fee according to the fee schedule maintained by the Township Clerk to cover the costs incurred by the Board.

B. Enforcement Penal ties

Any person, partnership or corporation who or which shall vio- late the provisions of this Ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a minimum fine of twenty-five dollars ($25) and not more than five hundred dollars ($500). In default of the payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than sixty (60) days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of this Zoning Ordinance shall be paid over to the Township.

C. Enforcement Remedies

In case any building; structure or land is or is proposed to be erected , constructed, reconstructed , a1 tered , converted , maintained or used in violation of this Ordinance, the Township Supervisors, with the approval of the Supervisors, an officer of the Township, in addition to other remedies, may institute

-51- in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

SECTION 14.06 - AMENDMENTS.

The Township Supervisors may, from time to time, on its own motion or on petition or. recommendation of the Planning Commission, amend, supplement, or repeal any of the regulations and provisions of this 'Ordinance after publ ic notice and hearing. Before the publ ic hearing, each proposed amendment (except those coming from the P1 anni ng Commi s- sion) must be referred to the Planning Commission for its recommendations at least thirty (30) days prior to the hearing on such amendment. If, after any public hearing held upon an amendment, the proposed amendment is reversed or further revised to include land not previously affected by it, the Supervisors shall hold another public hearing pursuant to public notice, before proceeding to vote on the amendment.

-52- ARTICLE XV

I NT ERPRET AT ION, VAL IDIT Y , REPEALER AND EFFECTIVE DATE

SECTION 15.01 - INTERPRETATION.

In thei r intrepretat ion and appl ication, the provi sions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the pub1 ic health safety , moral s and general we1 fare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules , regulations ordi - nances, deed restrictions, or covenants, the most restrictive or im- posi ng the hi gher standards shall govern.

SECTION 15.02 - VALIDITY.

Should any section or provision of this Ordinance be declared by the courts to be unconsitutional or invalid, such decision shall not affect the vailidty of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 15.03 - REPEALER.

All ordinances or parts of ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

SECTION 15.04 - EFFECTIVE DATE.

This Ordinance shall take effect immediately upon adoption and publication according to law.

Enacted this day of $ece,-,-,ber , 1986 .

POIN TOWNSHIP SUPERVISORS

f- Chairman

ATT E ST

Point Township Secretary

-53- I hereby certify that the foregoing ordinance was advertised in The Daily Item on December 15, 1986 and

December 22, 1986, a newspaper of general circulation in the Municipality and was duly enacted and approved as set forth at a special meeting of the Board held on

December 30, 1986. I Signed pUA Lu. [l. J(., . Secretary (SEAL) ’* /koa- POINT TOWNSHIP ORDINANCE NO. 165-87

AN ORDINANCE AMENDING THE POINT TOWNSHIP ZONING ORDINANCE, SECTIONS 8.03, CWGING THE SET BACK REQUIREMENT FOR ANY STRUCTURE IN THE INDUSTRIAL ZONE TO SIXTY (60) FEET; SECTION 11.09, BY LIMITING BILLBOARDS TO HIGHWAY COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS ONLY, WITH THE FOLLOWING RESTRICTIONS: (1) TOTAL SQUARE FOOTAGE OF THE SIGN AREA PER SIDE SHALL NOT EXCEED 128 SQUARE FEET, WITH PLACEMENT OF THE SIGN ON BOTH SIDES PERMITTED; (2) CENTER POST SUPPORT; (3) LIGBTING P2STRICTICNS; (4) IlEIGHT LIMITATION OF 20 FEET; (5) MINIMUM SET BACK OF 80 FEET FROM HIGHWAY ; (6) INTERVALS OF NOT LESS THAN 1,000 FEET APART; (7) PROXIMITY TO RESIDENCES, ETC. NOT LESS THAN 500 FEET; AND (8) REPLACEMENTS MUST CONFORM WITH NEW REQUIREMENTS, AND A PROHIBITION IMPOSED AGAINST REPLACEPENT OF OTHER ZONED AREAS; AND, SECTION 14.02(~) SETTING THE FEE FOR A ZONING PERMIT, AND ESTABLISHING THAT THE CONSTRUCTION ACTIVITY THEREUNDER MUST BE COMMENCED WITHIN 6 MONTHS FROM THE DATE OF ISSUANCE OF THE PERMIT OR THE PERMIT WILL BE VOID.

BE IT ORDAINED by the Board of Supervisors of the Township of Point, in regular meeting assembled, and it is hereby ordained and enacted by and with the authority of the same, that Ordinance No. 158, Section Nos. 8.03,

11.09, and 14.02(A) be amended as follows: ...

SECTION 8.03 - LOT P&E4, SUILDLYG HEIGHT AND YARD REQUIREMENTS

A lot width, lot area and yard depth of not less than the dimensions shown on the following table shall be provided for every principal building hereafter erected or altered for any use permitted in this district.

LOT REQUIREMENTS YARD REQUIREMENTS MIN. LOT MIN. LOT MAX. LOT ONE TOTAL AREA (SQ. FT.) WIDTH COVER. (X) FRONT SIDE SIDES REAR

1 acre 150' None 60 ' 20' 45' 30' 50 I

*Side yard requirement when abutting residential districts. No building shall exceed three (3) stories or forty-five (45) feet in height unless authorized as a special exception. ...

SECTION 11.09 - SIGNS AND ADVERTISING STRUCTURES

A. GENERAL REGULATIONS

All signs and/or advertising structures where permitted in the Zoning Ordinance are subject to the following:

2. It shall not cast objectionable light upon any dwelling or mixed use dwelling on a separate lot.

3. It shall be no higher than thirty-five (35) feet from the ground to the highest part of the sign.

4. It shall. not be so erected as to obstruct entrance to or ,exit from a required door, window, fire escape or other required exitway.

5. Temporary signs of painters, mechanics, contractors and the like are permissible in all districts, provided such signs are removed as soon as work is completed on the premises.

The following types of signs may be permitted in residential and agricultural districts unless otherwise provided:

1. One (1) name plate and one (1) house sign for each dwelling unit, professional office or home occupation, provided it does not exceed six (6) square feet in a residential zone or twelve (12) square feet in an agricultural zone and identifies only the name and title of occupant. It shall not extend beyond a vertical plane two (2) feet inside the lot from the street line. If lighted, it will be illuminated without objP-ctFonEble glare. No displays or change in facade shall indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling.

2. One (1) real estate sign, provided it is unlighted and not less than ten (10) feet back from the front lot line, does not exceed ten (10) square feet in area and pertains either to,the lease, rental or sale of the premises on which it is maintained.

3. One (1) institutional sign, provided it does not exceed sixteen (16) square feet in area and is not closer to a right-of-way than one-half ($) the depth of the existing front yard. If lighted, it will be illcminated without objectionable glare.

4. Signs up to two (2) square feet in area on each side which are necessary for the identification, protection and operation of public utility facilities.

C. SIGNS IN HIGHWAY COMMERCIAL AND INDUSTRIAL DISTRICTS

1. One (1) wall sign to a property, provided it is attached to the wall of a building and projects hor'izontally no more than twelve (12) inches therefrom, is not less than ten (10) feet above the sidewalk and occupies not more than twenty (20%) per cent of the total area of the front of the principal building. It shall not project more than three (3) feet above the roof line or parapet wall.

2. One (1) projecting sign, not larger than thirty (30) square feet, provided it shall not project beyond a vertical plane two (2) feet inside the lot from the street line.

measured from the ground, and the maximum size of the sign portion itself shall not exceed one hundred (100) square feet.

D. BILLBOARDS

Billboards shall be permitted only in Highway Commercial and Industrial areas and shall meet the following requirements:

1. Size/Signage Area: Total square footage of the billboard shall not exceed one hundred twenty-eight (128) square feet. Signage may be placed on both sides of the billboard for a tczal display space of two hundred fifty-six (256) feet, provided the sign is constructed and designed to accommodate signage on both sides. Two (2) free standing signs attached to the same column shall be permitted provided they are no more than one and one-half (1%) feet apart and equidistant from one another.

2. Support: Billboards shall be supported by a center post set in reinforced concrete.

3. Lignting: Lighting shall be concealed in a recessed track or other type of device so that light shall not shine on the highway. Intermitcent or flashing lights are not permitted.

4. Height: Height shall not exceed twenty (20) feet: as measured from the base of the supporting column.

5. Setback: Billboards shall be set back a minimum of eighty (80) feet from the highway property line.

6. Interval: There shall be aminimum of one thousand (1,000) feet between billboards, which shall take into account present billboard locations in industrial and commercial districts. No billboard shall be located within five hundred (500) feet of churches, cemeteries, residences, on-premise signs, and public buildings.

7. Replacement : Existing billboards located in a commercial or industrial area which are removed or damaged beyond repair cannot be replaced unless they conform to all present regulations pertaining to billboards. Billboards located in other zoning districts may not be replaced should they be removed or damaged beyond repair.

... SECTION 14.02 - CERTIFICATES AND PERMITS

A. ZONING PERMITS

Zoning permits shall hereafter be secured from the Zoning Officer's Office prior to the issuance of a building permit for the construction, erection or alteration of a structure or sign or part of a structure or upon a change in the use of a structure or land. In the event a building permit is also not obtained or required at the time of issuance of the zoning permit, the fee for the zoning permit shall be in the amount of Thirty ($30.00) Dollars. In the event a building permit is obtained together with the zoning permit for the Sam premises, no additional fee than that charged for the building permit will be imposed for the zoning permit. The proposed construction activity for which the zoning permit is obtained must be commenced within six (6) months from the date of the issuance of the permit or the permit will be void, and a new permit required.

Ordained and enacted as an Ordinance of the Township of Point,

Northmberland County, Pennsylvania, amending Sections 8.03, 11.09, and

14.02(A) of Ordinance No. 158, with all other Sections of the Zoning

Ordinance to remain in full force and effect, this 11th day of August Y

1987.

POINT TOWNSHIF' BOAm OF SUPERVISORS

ATTEST:

Secretary I do hereby certify that the foregoing Ordinance was advertised in The Daily

Item on July 27th, 1987 and August 3rd, 1987, a newspaper of general circulation in the Municipality and was duly enacted and approved as set forth at a regular meeting of the Board held on August 11, 1987.

Secretary ORDINANCE NO. 169-87

AN ORDINANCE AMENDING ORDINANCE rjo. 136 REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES AND CORPORATIONS TO OBTAIN A PERMIT FOR THE CONSTRUCTION, SUBSTANTIAL IMPROVEMENT OR RELOCATION OF ANY BUILDING OR STRUCTURE; PROVIDING FOR THE ISSUANCE OF SUCH PERMITS; PROVIDING FOR CERTAIN MINIMUM STANDARDS FOR CONSTRUCTION WITHIN THE FLOOD PLAIN DISTRICT AND ESTABLISHING PENALTIES FOR ANY PERSONS WHO FAIL TO COMPLY WITH THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.

BE IT ORDAINED, AND IT IS HEREBY ENACTED AND ORDAINED by the Supervisors of Point Township, Northumberland County, Pennsylvania, as follows:

ARTICLE I - GENERAL PROVISIONS Section 1.1 Intent The intent of this Ordinance is 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 and safety by protecting water supply, sanitary sewage disposal , and natural drainage. D. Reduce financial burdens impos'ed on the community, its governmental units, and its residents, by preventing the unwise design and construction of development in areas subject to flooding. Section 1 .2 Abrogation and Greater Restrictions This Ordinance supersedes any ordinances currently in effect in flood prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive. Section 1.3 Applicability Provisions of all other codes, ordinances, and regulations shall be applicable insofar as they are consistent with the provisions of this Ordinance and the Township's need to minimize the hazards and damage resulting from flooding. ARTICLE I1 - DEFINITIONS Base Flood. The flood which has been selected to serve as the basis upon which the flood plain management provisions of this and other ordinances have been prepared; for purposes of this Ordinance, the one hundred year flood.

Base Flood Elevation. The one hundred year flood elevation. Within the Approximated Flood Plain base flood elevation shall be established as a point on the boundary of the approximated flood plain which is nearest to the construction site in question.

Building. Any structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattels, including a manufactured home. 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, excavating or drilling operations. Flood. A general and temporary inundation of normally dry land areas. Flood Plain. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation of runoff of surface waters from any source. For the purpose of this Ordinance, the one hundred year flood plain as defined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development in the Type 15 Flood Insurance Study for Poi nt Townshi p , Northumberl and County , Pennsylvania. Floodproofing. Any combination of structural and non-structural additions, changes , or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of structures. Minor Repair. The replacement of existing. work with equivalent materials for the purpose of its routine maintenance and upkeep; but not including any addition, change or modification in construction, exit faci 1 i ties , or permanent fixtures or equipment. 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 connected to the required uti 1 i ties. For flood plain management purposes , the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Existing Manufactured Home Park or Existing. Manufactured Home Subdivision. Anv site. lot or tract of land uDon which two or more authorized manu6ctured homes were parked permanently or temporari ly , either free of charge or for revenue purposes, including any appurtenant facilities used or designed as part of the equipment of such manufactured home court or subdivision before May 10, 1977.

New Llanufactured Home Park or New Manufactured Home Subdivision. Any site, lot or tract of land upon which two or more authorized manufactured homes are parked permanently or temporari ly , either free ~Qfcharge or ..

for revenue purposes , including any appurtenant faci 1i ties used or designed as part of the equipment of such manufactured home park, or subdivision, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after May 10, 1977, the effective date of flood plain management regulations adopted by Point Township. New Construction. The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building, structure, and/or improvements , such as streets, uti1 i ties , etc. , commenced on or after May 10, 1977.

One Hundred Year Flood. A flood that has one chance in one hundred or a one percent chance of’being equaled or exceeded in any year. For the purposes of this Ordinance, the one hundred year flood (base flood) as defined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, in the Type 15 Flood Insurance Study for the Township of Point, Northumberland County, Pennsylvania. Principally Above Ground. Where at least 51 percent of the actual cash value of a structure, less land value, is above ground.

Start of Construction. (for other than new construction or substantial improvements under the Coastal Barrier Act (Pub. L. 97-348)) , includes subs tanti a1 improvement , and means the date the bui 1di ng permi t was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start 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 pre- paration, such as clearing, grading and filling; nor does it include the instal 1 ation 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. Structure. Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to 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, transfer of ownership, or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres , not involving any new street or easement of access, shall be exempted. Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: I.

(a) before the improvement or repair is started; or

(b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not , however , i ncl ude either:

(a) any project for improvement of a structure to comply with existing state or local heal thy sanitary, or safety code specifications wh.ich are solely necessary to assure safe living conditions; or

(b) any alteration of a structure listed on the tjational Register of Historic Places or a State Inventory of Historic Places. Substantial Improvements To Manufactured Home Parks or Manufactured Home Subdivisions. Any repair, reconstruction or improvement of (1) an existina manufactured home Dark or existins manufactured home subdivision, or (2) new manufactured home park or a new manufactured home subdivision, where such repair, reconstruction, or improvement of the streets , utilities, and pads will equal or exceed fifty (50) percent of the value of the streets, uti 1 i ties , and pads before the repai r , reconstruction , or improvement is started . ARTICLE 111 - ESTABLISHMENT OF THE FLOOD PLAIN DISTRICT Section 3.1 The Flood Plain District shall include all areas subject to inundation by the waters of the One Hundred Year Flood. The source of this delineation shall be the Type 15 Flood Insurance Study for the Township of Point, Northumberland County, Pennsylvania, as prepared by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development. Section 3.2 The Flood Plain District shall be comprised of three (.3) districts as follows:

(1) Floodway (F-1) - that portion of the Flood Plain District required to carry and discharge the waters of the One Hundred Year Flood without increasing the water surface elevation at any point more than one (1) foot above existing conditions, as demonstrated in the Type 15 Flood Insurance Study for the Township of Point referenced above. The term shall also include floodway areas which have been identified in other available studies for those floodplain areas where no floodway has been identified in the Flood Insurance Study referenced above.

(2) Floodway Fringe (.F-2) - those portions of land within the Flood Plain District subject to inundation by the @ne Hundred Year Flood, lying beyond the floodway in areas where detailed study data and profiles are made available by Type 15 Flood Insurance Study for the Township of Point referenced above.

(3) Approximated Flood Plain (F-3) - those portions of land within the Flood Plain District subject to inundation by the One Hundred Year Flood, where a detailed study has not been performed, but where a One Hundred Year Flood Plain Boundary has been approximated by the Type 15 Flood Insurance Study for the Township of Point referenced above. ARTICLE IV - CRITERIA FOR PERMITS Section 4.1 Permit Criteria A. Building Permits are required in order to determine that all new construction or substantial improvements are:

(1) designed (or modified) .and adequately anchored to prevent flotation, collapse, or lateral movement.

(2) constructed with materials and utility equipment resistant to flood damage.

(3) constructed by methods and practices that minimize flood damage. B. Development Permits are required in order to determine that all subdivision and other land development is carried out in accordance with The National Flood Insurance Program, the Pennsylvania Flood Plain Manage- ment Act, and this Ordinance. C. Special Pernits are required in order to determine that the construction of hospitals , nursing homes , jails , new manufactured home parks and new manufactured home subdivisions, and the substantial improvements to existing manufactured home parks and manufactured home subdivisions are carried out in accordance with The National Flood Insurance Program, the Pennsylvania Flood Plain Management Act, and this Ordinance. D. No permit shall be issued until all of the provisions of the Pennsylvania Sewage Facilities Act of 1966, as amended, together with all regulations issued pursuant thereto have been complied with. E. A permit shall not be required for minor repairs to existing bui 1 dings or structures. F. The application for a permit shall include the following:

1. Name and address of applicant.

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

3. Name and address of contractor.

4. Site location. I ..-

5. Brief description of proposed work and stimated cost. 6. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures. G. Depending on the type of structure involved, the following infor- mat on shall also be included in the application for work within the Flood P1 a n District. This information shall be kept on record by the Permit Off cer : 1. For structures to be elevated to the Base Flood Elevation: (a) A plan showing the size of the proposed structures and its relation to the lot where it is to be constructed

(b) A determination of elevations of the existing ground, proposed finished ground, lowest floors certified by a Registered Pro- fessional Engi neer , Surveyor or Archi tect.

(c) Plans showing the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations , erosion protection measures , etc. When required by the Building Inspector, these plans shall be prepared by a registered Professional Engineer or Architect.

(d) Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to the Base Flood Elevation at the building site. 2. For structures to be flood roofed to the Base Flood Elevation (non-residential structures only-+ (a) Plans showing details of all fdoodproofing measures, prepared by a Registered Professional Engineer or Architect, and showing the size of the proposed structure and its relation to the lot where it is to be constructed.

(b) A determination of elevations of existing ground, proposed finished ground, lowest floors, and floodproofing limits; certified by a Registered Professional Engineer, Surveyor or Architect.

(c) A certificate prepared by the Registered Professional Engineer or Architect who prepared the plans in (a) above, that the structure in question, together with attendant uti 1 i ty and sanitary facilities is designed so that:

(1) below the Base Flood Elevation the structure is watertight with walls substantially impermeable to the passage of water.

(2) the structure will withstand the hydrostatic, hydrodynami c buoyant, impact, and other forces resulting from the flood depths, velocities, pressures, and other factors associated with the Base.Flood. 3. For structures requiring a Special Permit, the information, data and documentation required by Section 4.3 of this Ordinance.

Section 4.2 Subdi vi si on Or Other Land Development Cri teri a A. The owner or developer of any proposed subdivision or other land development shall submit to the Permit'Officer, in addition to all other information, data and documentation required by this Ordinance, a site plan which includes the following information: 1. Name of engineer, surveyor, or other qualified person responsible for providing information required in this Article. 2. A map showing the location of the proposed subdivision and/or 1 and development wi th respect to the muni ci pal i ty 's f 1 ood- prone areas, proposed lots and sites, fills, flood or erosion pro- tective facilities and areas subject to special deed restrictions. The plan map shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites, and shall include Base Flood Elevation data. All such maps shall also show contours at intervals of two (2) or five (5) feet depending upon the slope of the land and identify accurately the boundaries of the f lood-prone areas. 3. Copies of all Federal and State permits required for construction of the facilities shown on the site plan which may include, but are not limited to, Water Quality Management Permits, Erosion and Sedimentation Control Permits, Dams and Encroachments Permits, and .. I Driveway Permits . B. For all proposed subdivisions or other land developments, the Permit Officer shall require that: 1. All new or replacement water systems located in the Flood Plain District, whether public or private, shall be floodproofed to the Base Flood Elevations. 2. All new or replacement sanitary disposal systems located within the Flood Plain District, whether public or private, shall be floodproofed to the Base Flood Elevation. 3. All other new or replacement public and/or private utilities and facilities shall be elevated or floodproofed to the Base Flood El evati on. 4. Adequate drainage shall be provided to reduce exposure to f 1 oodi ng . Section 4.3 Activities Requiring. Special Permits A. The provisions of this Section shall be applicable, in addition to.any other applicable provisions of this Ordinance, or any other ordinance, statute, code, or regulation. B. Identification of Activities Requiring a Special Permit. In accordance wi th the Pennsyl vani a F1 ood P1 ai n Management Act (Act 1978-166) and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only by Special Permit if located partially or entirely within the Flood Plain District: 1. Hospitals - public or private 2. nursing homes - public or private 3. jails

4. new manufactured home parks and new manufactured home subdivisions; substantial improvements to existing manufactured home parks, existing manufactured home subdivisions, new manufactured home parks and new manufactured home subdivisions. C. Techni cal Requirements for Devel opment Requi ring a Speci a1 Permit . In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a Special Permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply. 1. No application for a Special Permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

(a) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that: (1) the structure will survive inundation by waters of the one hundred (100) year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one hundred (100) year flood elevation.

(2) the lowest floor elevation (\including basement) will be at least one and one-half (1 1/2) feet above the one hundred (100) year flood elevation. (3) the occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the o,ne hundred (100) year flood.

(b) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property. 2. All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qual ifi cations, 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 Township and the Department of Community Affairs . D. Application Requirements Applicants for Special Permits shall provide five copies of the fol 1owi ng i tems : 1. A written request including a completed Permit Application Form. 2. A small scale map showing the vicinity in which the proposed site is located. 3. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following:

(a) North arrow, scale and date; (b) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed .contours at intervals of two (2) feet; (c) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

(d) The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;

(e) The location of any existing bodies of water or watercourses, bui 1 dings , structures and other pub1 i c or private faci 1 i ti es , i ncl uding railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development; (f) The location of the flood plain boundary line, information and spot elevations concerning the Base Flood Elevations , and information concerni ng the flow of water incl udi ng di recti on and vel oci ties ;

(9) The location of a1 1 proposed buildings , structures , uti 1 i ties , and any other improvements; and

(h) Any other information which the municipality considers necessary for adequate review of the appl i cation. 4. Plans of a1 1 proposed buildings , structures and other improvements, clearly and legibly drawn at suitable scale showing the following: (a) Sufficiently detai led architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate;

(b) For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;

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

(d) Detai 1ed i nformati on concerning any proposed f 1oodproof ing measures ; (e) Cross-section drawings for all proposed streets, drives , other accessways, and parking areas, showing all rights-of-way and pavement widths ;

(f) Profile drawings for all proposed streets, drives, and vehicular accessways i ncl udi ng existing and proposed grades ; and

(9) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and faci 1 i ties. 5. The following data and documentation:

(a) Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents; (b) Certification from a Registered Professional Engineer, Architect, or Landscape Architect that the proposed construction has been adequately designed to protect against damage from the one hundred (100) year flood;

(c) A statement, certified by a Registered Professional Engineer, Architect, Landscape Architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one hundred 6100) year flood, including, a statement concerning the effects such pollution may have on human life;

(d) A statement certified by a Registered Professional Engineer, Architect, or Landscape Architect, which contains a complete and accu.rate description of the effects the proposed development will have on one hundred (100) year flood elevations and flows;

(e) A statement, certified by a Registered Professional Engineer, Architect, or Landscape Architect, which contains a . complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the Base Flood Elevation and the effects such materials and debris may have on one hundred (100) year flood elevations and flows; (f) The appropriate component of the Department of Environmental Resources I "P1 anni ng Module for Land Development";

(9) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Eesources to implement and maintain erosion and sedimentation control;

(h) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 1978-166; and

(i) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one hundred (100) year flood. E. Appl i cati on Revi ew Procedures Upon receipt of an application for a Special Permit by the Township, the following procedures shall apply in addition to all other applicable permit procedures which are a1 ready established: 1. Wi thi n three (3) working days following receipt of the application, a. complete copy of the application and all accompanying do'cume n t a t i o n shall be forwarded to, the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment . 2. If an application is received that is incomplete, the Township shall notify the applicant in writing, stating in what respects the application is deficient. 3. If the Township decides to disapprove an applicat on, it shall notify the applicant, in writing, of the reasons for the disapproval. 4. If the Township approves an application, it shall fi e written notification, together with the application and all pertinent i nforma- tion, with the Department of Community Affairs, by registered mail , within five (5) working days after the date of approval. 5. Before issuing the Special Permit, the Township shal a1 low the Department of Community Affairs thirty (,30) days, after r ceipt of the notification by the Department, to-review the application and the decision made by the Township. . *. 6. If the Township does not receive any communication from the Department of Community Affairs during the thirty (30) day .review period, it may issue a Special Permit to the applicant. 7. If the Department of Community Affairs should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval , and the Township shall not issue the Special Permit. ARTICLE V - MINIMUM FLOODPROOFING STANDARDS In order to prevent excessive damage to buildings and structures, the following restrictions shall apply to all new construction and to construction of substantial improvements to existing structures occurring in the Flood Plain District.

A. Basements and Lowest Floors - Elevation and Floodproofing 1. All new construction and substantial improvements of residential structures, other than manufactured homes, must have the lowest floor (including basement) elevated to the Base Flood Elevation. Manufactured homes must have the lowest floor (including basement) elevated one and one-half (1 1/2) feet above the Base Flood Elevation. 2. All new construction and substantial improvements of non- residential structures must have the lowest floor (including basement) elevated to the Base Flood Elevation; or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 3. All new construction and substantial improvements of any structure requiring a Special Permit must have the lowest floor (including basement) elevated one and one-half (1 1/21 feet above the Base Flood Elevation. B. Placement of Buildings, Structures A1 1 bui 1 dings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum obstruction effect upon the flow and height of flood water. C. Fill If fill is used to raise the finished surface of the lowest floor to the Base Flood Elevation: 1. Fill shall extend beyond a structure for a sufficient distance to provide acceptable access. For residential structures, fill shall extend laterally fifteen (15) feet beyond the building line from all points. For non-residential structures, fill shall be placed to provide access acceptable for intended use. At-grade access , with fi 11 extending laterally fifteen (15) feet beyond the building line, shall be provided to a minimum of twenty-five (25) percent of the perimeter of a non-residential structure. 2. Fill shall consist of soil or rock materials only. Sanitary land fills shall not be permitted. 3. Fill material shall be compacted to prov de the necessary stability and resistance to erosion, scouring, or settli ng . 4. Fill slopes shall be no steeper than one (1) vertical or two (2) horizontal , unless substantiating data justifying steeper slopes are submitted to and approved by the Permit Officer.

5. Fill shall be used only to the extent to which it does not adversely affect adjacent properties. D. Anchoring 1. AI 1 buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation , collapse, and lateral movement, thus reducing the threat to life and property and decreasing the possi bi 1i ty of the blockage of bri dge open1 ngs and other restricted sections of the watercourse. 2. All air ducts, large pipes and storage tanks located at or below the Base Flood Elevation shall be firmly anchored to resist flotation. 3. See Paragraph 6 of this Section 4.1 relating to manufactured homes. E. Storage No new construction which stores materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal or plant life, shall be stored below Base Flood Elevation.

F. Manufactured Homes, Manufactured Home Parks, Substantial Improvements 1. Manufactured homes shall be elevated on a permanent foundation so that the lowest floor of each manufactured home will be one and one-half (1 1/2) feet above the Rase Flood Elevation. 2. Adequate surface drainage and access for a manufactured home hauler shall be provi ded. 3. When manufactured homes are to be elevated on pilings, lots shall be large enough to permit steps, piles shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for pilings more than six feet above the ground level. 4. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specifically: (a) over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

(b) frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side.

(d) any additions to a manufactured home shall be similarly anchored. 5. In addition to the foregoing, the provisions of Section 4.3 of this Ordinance shall apply to new manufactured home parks and new manufactured home subdivisions and to substantial improvements to existing manufactured home parks and existing manufactured home subdivisions, and to substantial . improvements to new manufactured home parks and new manufactured home subdivisions.

G. Utilities and Facilities 1. All new or replacement water systems located in the Flood Plain District, whether public or private, shall be floodproofed to an elevation of one and one-half (1 1/2) feet above the Base Flood Elevation. 2. All new or replacement sanitary disposal systems located within the Flood Plain District, whether public or private, shall be floodproofed to an elevation of one and one-half (1 1/21 feet above the Base Flood Elevation. 3. All other new or replacement public and/or private utilities and facilities shall be elevated or floodproofed to an elevation of one and one-half (1 1/2) feet above the Base Flood Elevation. ARTICLE VI - PROHIBITED ACTIVITIES A. The following shall be prohibited in the Flood Plain District: Any new or substantially improved structure which will be used for the production and storage of any of the following materials or substances, . or which will be used for any activity requiring the maintenance of a supply of any of the following materials or substances (A supply of radioactive substance means any amount thereof, and a supply of the other materials or substances means more than 550 gallons or other comparable volume): Acetone, ammonia, benzene, calcium carbide, carbon disulfide, cel luloid, chlorine , hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products - gasoline, fuel oil , and the like, phosphorous, potassium, sodium, sulphur and sulphur products, pes ti ci des (incl udi ng i nsecti ci des , fungi ci des , and rodenti ci des ) , and radioactive substances insofar as such substances are not otherwise subject to regulation. B. The following shall be prohibited in the designated Floodway: fences, except two-wire fences; other matter which may impede, retard, or change the direction of the flow of water or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream of flood waters would carry the same. downstream to the damage or detriment of either public or private property adjacent to the flood plain. ARTICLE VI1 - ADMINISTRATION Section 7.1 Permits and Site Plan Approvals Required A. It shall be unlawful for any person, partnership, business, or corporation, without having first obtained the necessary permits from the Permit Officer, to undertake, or cause to be undertaken within the Flood Plain District the new construction, substantial improvement, or relocation of any structure (including manufactured homes) ; to subdivide or otherwise develop 1 and; to construct hospitals , nursing hmes , jai 1 s , new manufactured home parks and new manufactured home subdivisions; or, to make substantial improvements to existing manufactured home parks or manufactured home subdivisions. Section 7.2 Approval of Permits and Plans All permits and plans shall be approved only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this Ordinance and all other applicable ordinances, statutes and regulations. Section 7.3 Application Procedures Application for a permit shall be made, in writing, to the Permit Officer, and shall include all information stipulated under Article IV of this Ordinance. All information received in connection with said applications shall be kept on file in the Township Office. Section 7.4 Changes After the issuance of a permit by the Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Permit Officer. Section 7.5 Start of Construction Work on the proposed construction shall begin within six (6) months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Permit Officer. Section 7.6 Inspection and Revocation During the construction period, the Permit Officer or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances. In the event the Permit Officer discovers that the work does not comply with the permit application or any applicable laws or ordinances, or that there has been a false statement or misrepresentation by any applicant, the Permit Officer shall revoke the permit and report such fact to the Supervisors of Point Township for what- ever action it considers necessary. Section 7.7 Fees All applications for a bui.lding permit to be issued within the Township of Point shall be accompanied by a fee, payable to the Township of Point, in the following amount: Estimated Cost Of Construction Permit Fee $ 0.01 to $ 1,000.00 $10.00 $ 1,000.01 to $ 20,000.00 $10.00 plus $2.00 per each additional $1,000 or part thereof , over $1,000. $ 20,000.01 to $100,000.00 $48.00 plus $1.00 per each additional $1,000 or part thereof , over $20,000. $100,000.01 to $325,000.00 $128.00 plus $.50 per each additional $1,000 or part thereof , over $100,000, to a maximum fee of $240.50. ARTICLE VI11 - -APPEALS AND PENALTIES Section 8.1 ADDeals Whenever any person is aggrieved by a decision of the Permit Officer with respect to the provisions of this Ordinance, it is the right of that person to appeal to the Point Township Hearing Board. Such appeal must be iled, in writing, within thirty (30) days after the determination by the Permit Officer. Upon receipt of such appeal, the said Board shall set a t me and place not less than ten (10) nor more than thirty (30) days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. Section 8.2 Appeals Rev? ew Cri teri a A. Appeals contesting only the permit fee established by the Permit Officer shall be decided by said Board without regard to the criteria set forth in B. below.

B. All decisions on appeals to all other provisions of this Ordinance not covered in A. above, shall adhere to the following criteria: 1. The Board shall not by affirmative decision or otherwise, (a) permit or allow in the floodplain district any of the activities prohibited by .Article VI of this Ordinance; or (,b) vary or alter in any way the provisions contained in Section 4.3 of this Ordinance with the exception of the one and one-half (1%) foot elevation requirement. 2. An affirmative decision shall not be issued by said Board if any increase in flood levels during the base flood discharge, would result within the designated Floodway.

3. A decision may be issued by said Board for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots .with existing structures constructed below the base flood level, in conformance with the procedures of Paragraphs 3, 4, 5 and 6 below.

4. Affirmative decisions shall only be issued by said Board upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the appeal would result in exceptional hardship to the applicant, and (c) a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 5. Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to afford re1 ief.

6. The said Board shall notify the applicant in writing over the signature of a community official that (a) the issuance of a decision to allow construction of a structure below the base flood level will result in increased premium rates for flood insurance, (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in Paragraph 7 below. 7. The said Board shall (>a) maintain a record of all decisions including justification for their issuance, and (b) report such decisions issued in its annual report submitted to the Federal Insurance Administrator.

Section 8.3 Penal ties Any person who fails to comply with any or all of the requirements or provisions of this Ordinance or direction of the Permit Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine of not less than Fifty ($50.00) Dollars nor more than Three Hundred ($300.00) Dollars plus costs of pro- secution. In default of such payment, such person shall be imprisoned for a period not to exceed ten (10) days. Each day during which any violation of this Ordinance continues shall constitute a separate offense in addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance. The im- position of a fine or penalty for any violation of, or non-compliance with, this Ordinance shall not excuse the violation or non-compliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and non-compliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated, in non-compliance with this Ordinance may be declared by the Township of Point to be a public nuisance and abatable as such. ..

ARTICLE IX - SEVERABILITY AND MUNICIPAL LIABILITY Section 9.1 Severabi 1 i ty If any section , subsection , paragraph , sentence , clause , or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be severable. Section 9.2 Municipal Liability

The granting of a permit or approval of a subdivision or land development plan in an identified flood-prone area, shall not constitute a representation, guarantee, or warranty of any kind by the Township of Point or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Township of Point, its officials or employees. ARTICLE X - REPEALER Section 10.1 Repealer

All Ordinances or parts of Ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance expressly repeals Ordinance Numbers 121 , 136 and 137. PASSED THIS 13th DAY OF October , 1987.

BOARD OF SUPERVISORSOF POINT TOWNSHIP

I hereby certify that the foregoing Ordinance was advertised in The Daily Item on SeDt.1 5. &S 77 1987, a newspaper of general circulation in the Municipmyenacted and approved as set forth at a reg- %lar meeting of the Board held on October 13, 1987 k?dL d? Ruth 0. Geise, SecretaryL ORDINANCE NO. 170-87

AN ORDINANCE AMENDING ZONING ORDINANCE NO. 158 OF POINT TOWNSHIP TO ESTABLISH A FLOOD PLAIN DISTRICT AND SPECIFIC REGULATIONS TO BE APPLIED WITHIN THE DISTRICT.

BE IT ORDAINED, AND IT IS HEREBY ENACTED AND ORDAINED by the Supervisors of Point Townshi p, Northumberl and County ,' Pennsyl'vani a , as fol 1ows : A. The Zoning Ordinance of Point Townshlp is hereby amended in the following manner. 1. Article I1 is amended to include the following definitions: SECTION 2.03.1 - BASE FLOOD. The flood which has been selected to serve as the basis upon which the flood plain management provisions of this and other ordinances have been prepared; for purposes of this Ordinance, the one hundred year flood. SECTION 2.03.2 - BASE FLOOD ELEVATION. The one hundred year flood elevation. Within the Approximated Flood Plain the base flood elevation shall be established as a point at the boundary of the approximated flood plain which is nearest to the construction site in question. SECTION 2.15.1 - FLOOD. A temporary inundation of normally dry land areas. SECTION 2.15.2 - FLOOD PLAIN. A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purpose of this Ordinance, the one hundred year flood plain as delineated by the Type 15 Flood Insurance Study for the Township of Point. SECTION 2.15.3 - FLOODPROOFIMG. Any combi nation of structural or . non-structural additions , changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sani tary faci 1i ties , structures and their contents. SECTION 2.34.1 - ONE HUNDRED YEAR FLOOD. A flood that has one chance in one hundred or a one percent chance of being equaled or exceeded in any year. \I 2. Article I11 Section 3.01 is amended to include the following zoning di s tri cts : G. F-1 Flood Plain District - Floodway . ti. .F-2 Flood Plain District - Floodway Fringe I-. F-3 Flood Plain D.istrict - Approximated F1ood;Plain 3. Artjcle XI1 Planned Residential Development, is renumbered Article XIII. 4. The following is added as Article XII:

ARTICLE XI1 FLOOD PLAIN DISTRICT

SECTION 12..01 - INTENDED PURPOSE. These provisions for the Flood Plain District comprised of the Floodway [F-l), the Floodway Fringe (F-2), and the Approximated Flood Plain (F-3), are designed to prevent or minimize flood damage in the future; to minimize danger to public health and safety by protecting water supply, sani tary sewage disposal and natural drainage; and, to prevent the unwise design and construction.of improvements and development in areas subject to flooding. SECTION 12.02 - ESTABLISHMENT OF THE FLOOD PLAIN DISTRICT. A. The Flood Plain District shall include all areas subject to inundation by the waters of the One Hundred Year Flood. The source of this delineation shall be the Type 15 Flood Insurance Study for the Towns hi p of Point , Northumberl and County, Pennsyl vani a, as prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration. The Flood Plain District shall be deemed an overlay on any existing, or hereafter established, zones or districts within the Township. B. The Flood Plain District shall be.comprised of three .(3) districts as follows: 1. Floodway (F-1) - that portion of the Flood Plain District required to carry and discharge the waters of the @ne Hundred Year Flood without increasing the water surface elevation at any point more than one (1) foot above existing conditions, as demonstrated in the Type 15 Flood Insurance Study for the Township of Point referenced above. The term shall also include floodway areas which have been identified in other available studies for those flood plain areas where no floodway . has been identified in the Flood Insurance Study referenced above. 2. Floodway Fringe (-F-2) - those portions of land within the Flood Plain District subject to inundation by the One Hundred Year Flood, lying beyond the floodway in areas where detailed study data and profiles are made available by the Type 15 Flood Insurance Study for the Township of Point referenced above. 3. Approximated Flood Plain (F-3) - those portions of land within the Flood Plain District subject to inundation by the One Hundred Year Flood, where a detailed study has not been performed but where a One Hundred Year Flood Plain Boundary has been approximated by the Type 15 Flood Insurance Study for the Township of Point .

referenced above e C. The delineation of the Flood Plain District may be revised, amended and modified by the Borough Council in compliance with the National Flood Insurance Program when: 1. there are changes through natural or other causes; 2. changes are indicated by future detailed hydrologic and hydraulic studies and/or 3. when social and economic factors favor a realignment. All such changes shall be subject to the review and approval of the Federal Insurance Administrator. SECTION 12.03 - SPECIAL USE RESTRICTIONS.FOR THE FLOOD PLAIN DISTRICT. A. Floodway (.F.-l) 1. In the Floodway no development shall be permitted except where the effect of such development on Flood heights is fully offset by accompanying stream improvements which have been approved by all appropriate local and/or State authorities. When a developer proposes, to offset the effects of development in the Floodway by construction of stream improvements, he shall submit an engineering study prepared by a Registered Professional Engineer which fully evaluates the effects of such construction. The report shall use the Base Flood as herein defined as the basis of analysis. All adjacent communities and the Pa. Dept. of Community Affairs shall be notified by the developer by certified mail of all such intended activities prior to any alteration or relocation of a watercourse, .and shall submit copies of such notifications to the Federal Insurance Administrator. In addition, the developer shall assure the Eorough, in writing, that the flood carrying capacity within the altered or 'relocated portion of the watercourse in question will be maintained. 2. Permitted Uses In the Floodway the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment which would result in an increase in the flood levels of the base flood. All us.es, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances and regulations:

a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries , horticulture , truck farming, forestry, sod farming and wild crop harvesting.

b. Public and private recreational uses and activities such as parks, day camps, picnic grounds, go1 f courses , boatlaunchi ng -...

and swimmi ng areas, hi ki ng and horseback ri di ng trai 1s , wi 1dl i fe and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing. areas. c. Residential uses such as yard areas, gardens, play areas, and parking areas. d. Industrial and comerical uses such as yard areas, parking and loading areas , ai rport 1andi ng strips , etc. 3. Uses Permitted by Special Exception The following uses and activities may be permitted by Special Exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other Ordinance. A1 1 uses, activities , and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other appl i cab1 e codes and ordi nances and regulations , e. g . Ordinance No. 136: a. Small structures generally considered necessary for the activities in 2. above.' b. Utilities and public 'facilities and improvements such as .railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses. c. Water-related uses and activities such as marinas, docks, wharves, piers, etc., if designed'to minimize impact on, and damages from flooding.

d. Extraction of sand, gravel, and other materials. e. Temporary uses such as circuses, carnivals, and .similar activities.

f. Storage of materials and equipment provided that they are not bouyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is . firmly anchored to prevent flotation or movement and/or can be readily - removed from the area within the time available after flood warning. - SECTION 12.04 - FLOODWAY FRINGE (F-2) A. In the Floodway Fringe the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses , activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances and regulations, e.g. Ordinance No. 136, including the Building Code and the Sub- division Regulations. For any manufactured home park or subdivision with the Floodway Fringe the owner or operator of the manufactured home park or subdivision shall f i le with the Disaster Preparedness authorities of Northumberl and County and Township of Point an evacuation plan which indicates alternate vehicular access routes and escape routes. B. Whenever a developer intends to alter or relocate a watercourse within the Approx mated Flood Plain, the developer shall not fy in writing bv certified mail all adjacent communities and the Pa. Dept. of Community Affairs of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications to the Federal Insurance Administrator. The developer shall also assure the Township, in writing, that the flood carrying capacity within the a1 tered or relocated portion of the watercourse in question wi 11 be main- tai ned. SECTION 12.05 - APPROXIMATED FLOOD PLAIN (F-3) A. In the-Approximated Flood Plain the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that a1 1 such uses , activities , and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances, e.g. Ordinance No. 136, including the Building Code and the Subdivision Regu- lations. For any manufactured home park or subdivision within the Approximated Flood Plain the owner or operator of the manufactured home park or subdivision shall file with the Disaster Preparedness authorities of Northumberland County and the Township of Point an evacuation plan which indicates a1 ternate vehicular access routes and escape routes.

B. Whenever a developer intends to alter or relocate a watercourse within the Approximated Flood Plain, the developer shall notify in writing by certified mail all adjacent communities and the Pa. Dept. of Community Affairs of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications to the Federal Insurance Administrator. The developer shall also assure the Township, in writing, that the flood carrying capacity within the altered or relocated portion of the watercourse in question will be maintained. 5. Arti cl e XI I I Non-Conformi ng Bui 1 dings and Uses, is renumbered Article XIV.

6. Article XIV is hereby amendedto include the following section: SECTION 14.09 - NONCONFORMITIES IN THE FLOOD PLAIN DISTRICT A. Existing nonconforming structures and/or uses located in the Floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvement. B. Any modification, a1 teration, repair, reconstruction, or improvement of any kind to a nonconforming structure and/or use located in the . Floodway to an extent or amount of less than fifty (50) percent of its value, should be elevated and/or floodproofed to the. greatest extent pos s i b 1 e.

C. The modification, alteration, repair, reconstruction, or improvement of any k,ind to a nonconforming structure and/or use regardless of location, to the extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.

D. Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

7. Article XIV Administration and Enforcement, is renumbered Article xv. 8. Article XV Section 15.04 D. 4. is amended to include the following:

f. The following factors shall be considered when reviewing cases for variances in the Flood Plain District:

(1) Variances shall not be issued by the Board within the designated floodway if any increase in flood levels during the base flood discharge would result.

(2) Variances may be issued by the Board for new constructiun and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Paragraphs (3), (41, (5), and (6) below.

(3) Variances shall only be issued by the Board upon (a) a showing of good and sufficient case, fb) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to pub1 ic safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(4) Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, - to afford re1ief.

(5) The Board shall notify the applicant in writing over the ~ signature of a community official that (a) the issuance of a variance -- to construct a structure below the base flood level will result in increased premium rates for flood insurance, and that (b) such construction .below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Paragraph (6) below; and (6) The Board shall (a) maintain a record of all variance actions, including justification for their issuance, and (b) report . such variances issued in its annual report submitted to the Federal Insurance Admi nis trator. , ..

9. Article XV Interpretation, Validity, Repealer and Effective Date, is renumbered Article XVI, and amended to include the following section: SECTION 16.03.1 - KARNING AND DISCLAIMER OF LIABILITY The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the flood plain districts, or that land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the Township of Point or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

PASSED THIS - 13th DAY OF October . , 1987.

BOARD OF SUPERVISORS OF POINT TOWNSHIP

I hereby certify that the foregoing Ordinance was advertised in The Daily Item on SePt. 15, & SePt. 22, a newspaper of general circulation in the Municipality and was duly enacted and approved- as set forth at a regular meeting of the Board held on oCtOb& - -- -- L2LzzL @./becee Ruth 0. Geise, Secretary . ..

TOWNSHIP OF POINT force and NORTHUMBERLAND .COUNTY, PENNSYLVANIA ORDAIh

ORDINANCE NO. 184-91 ATTEST: . I ...

AN ORDINANCE AMENDING THE POINT TOWNSHIP ZONING ORDINANCE AND ZONING MAP CHANGING THE AREA BETWEEN THE OLD DANVILLE HIGHWAY AND U.S. ROUTE 11 FROM SUSQUEHANNA LANE (ADJACENT TO PREMISES .OF LEWIS E. HUMMEL AND BETTY J. HUMMEL) EXTENDING NORTHEAST TO THE INTERSECTION OF THE OLD DANVILLE HIGHWAY WITH ROUTE 11, FROM AN R-2 RESIDENTIAL DISTRICT TO AN HIGHWAY COMMERCIAL DISTRICT.

BE IT ORDAINED by the Board of Supervisors of the Township of Point, in regular meeting assembled, and it is hereby ORDAINED and

ENACTED by and with the authority of the same, that the zoning map

and Ordinance No. 158 of Point Township be amended as follows: 1. That the following described portion of the area presently zoned R-2 Residential be changed to an Highway Commercial District: the entire area between the Old Danville Highway and U.S. Route 11 from Susquehanna Lane (adjacent to the premises of Lewis E. Hummel

and Betty J. Hummel) extending in a northeast direction to the intersection of the Old Danville Highway and Route 11, and as shown in yellow on the attached map.

2. All other sections of the Zoning Ordinance (Ordinance No.

158 and amendments thereto) and the zoning map are to remain in full 71

force and effect. ORDAINED and ENACTED this /3/3 day of August, 1991

:I ATTEST: POINT TOWNSHIP BOARD OF i

, POINT TOWNSHIP NORTHUMBERLAND COUNTY, PENNSYLVANIA

ORDINANCE NO. : /f5- 9/

AN ORDINANCE AMENDING THE POINT TOWNSHIP ZONING ORDINANCE NO. 158, SECTION 8.02, SO THAT ALL USES SHALL BE ALLOWED IN THE INDUSTRIAL DISTRICT WHICH ARE PERMITTED IN ALL OTHER ZONING DISTRICTS; SECTION 9.02, SO AS TO ALLOW SINGLE FAMILY DWELLINGS IN THE HC-HIGHWAY COMMERCIAL DISTRICT; AND, TO ADD SECTION 10.06 ESTABLISHING SETBACKS IN THE OS-CONSERVATION-OPEN SPACE DISTRICT REQUIRING EACH LOT TO HAVE A FRONT, SIDE AND REAR SETBACK OF NOT LESS THAN FIFTY (50) FEET.

BE IT ORDAINED by the Board of Supervisors of the Township of Point, at a

regular meet ng assemblec and it is hereby ORDAINED and ENACTED by and with the

authority of the same, that Ordinance No. 158, Sections 8.02 and 9.02, be t, amended, and Section 10.06 be added, as follows:

0..

Section 8.02 - Permitted Uses. ... H. Any uses permitted in the R-1, R-2 Residential District, the

A-Agricultural District, and HC-Highway Commercial District shall be allowed,

subject to the regulations of those districts as they may apply. In the event

of any conflict in the regulations between districts as to a particular use, the

least restrictive regulation will apply. ... Section 9.02 - Permitted Uses. ...

0. .Single Family Dwellings. ... Section 10.06 - Setbacks.

Each lot shall provide front, side and rear setbacks of not less than fifty

(50) feet from the lot line or a public roadway.

ORDAINED AND ENACTED as an ordinance of the Township of Point,

Northumberland County, Pennsylvania, amending Sections 8.02, 9.02, and adding

Section 10.06, with respect to Ordinance No. 158, and any amendments thereto,

with all other sections and provisions of the said Zoning Ordinance and

amendments thereto to remain in full force and effect, this )a% day of MI uem ber , 1991.

ATTEST: POINTJOWNSHIP BOARD OF SUPERVISORS

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POINT TOWNSHIP

NORTHUMBERLAND COUNTY, PENNSYLVANIA

ORDINANCE NO. /28- z2 I !, AN ORDINANCE AMENDING THE POINT TOWNSHIP ZONING ORDINANCE NO. 158, BY GELETING SECTION 11.04-B THEREFROM RELATING TO SINGLE OWNERSHIP OF ABUTTING LOTS OF RECORD, AND NONCONFOKYING LOTS OF RECORD AS BUILDING SITES.

BE IT ORDAINED by the Board of Supervisors -of the Township of Point, at a regular meeting assembled, and it is hereby ORDAINED and ENACTED by and with the authority of the sane, that Ordinance No. 158, be amended by the repeal or deletion therefrom of Section 11.04-B.

ORDAINED AND ENACTED as an ordinance of the Township of Point,

Northumberland County, Pennsylvania, repealing Section 11.04-B with respect to

Ordinance No. 158, and any amendments thereto, with all other sections and provisions of the said Zoning Ordinance and amendments thereto to remain in full force and effect this 2% day of ~~&Q~~’/L, 1992.

ATTEST: -m-- --. POINT TOWNSHIP BOARD OF &PERVISORS 1 Pi BY: ds*J I i/ Chairman

I hereby that the foregoing Ordinance was duly advertised in the Daily ... . ~ -...- -. . . . -

TOWNSHIP OF POINT NORTHUMBERLAND COUNTY, PENNSYLVANIA

AN ORDINANCE amending the Point Township Zoning Ordinance and zoning map changing the area now marked Open Space District (OS), in the eastern portion of the Township, north of U.S. Route 11, in the area of the Leon Epler Farms, section changed to an Agricultural District (AG), and the portion north of the hive-in and eastward toward the Township boundary changed to an R-1 residential district.

BE IT ORDAINED by the Board of Supervisors of the Township of Point, at a regular meeting assembled, and it is hereby ORDAINED and ENACTED by and with the authority of the same, that the zoning map and Ordinance No. 158 of Point

Township be amended as follows:

1. That the following described portion of the area presently zoned Open

Space (OS) District, that is, the area of the Leon Epler Farms, north of U.S.

Route 11 be changed to an Agricultural District (AG); and the area presently zoned Open Space (OS) District, north of the present drive-in theatre and extending eastward to the Township line, be changed to an R-1 residential district, and as more particularly shown in red on the attached map.

2. All other sections of the Zoning Ordinance (Ordinance No. 158 and amendments thereto)'and the zoning map are to remain in full force and effect ORDAINED and ENACTED this 2~ day of August, 1995. POINT TOWNSHIP BOARD OF SUPERVISORS

BY: Chairman

ATTEST: "SHIP OF POINT NORTHuMBgRLAND COUNTT, PENNSYLVANIA

ORDINANCE NO. 2/6-02-

AN ORDINANCE AMENDING ORDINANCE NO. 1987-169 KNOWN AS THE BUILDING PERMIT ORDINANCE OF THE TOWNSHIP OF POINT, NORTHUMBERLAND COUNTY, PENNSYLVANIA, AND RE-ENACTING THE REMAINDER OF SAID ORDINANCE IN ITS ENTIRETY.

BE IT ORDAINED AND ENACTED by the Supervisors of Point Township,

Northumberland County, Pennsylvania, as follows:

1. Amendment to Ordinance No. 1987-169.

Ordinance No. 1987-169, being the Building Permit Ordinance of the

Township of Point, is hereby amended in pertinent part as follows:

A. Section 7.7 - Fees - is amended to read as follows:

All applications for a building permit to be issued within the Township of Point shall be accompanied by a fee, payable to the Township of Point, in the following amount:

Estimated Cost Of Construction Permit Fee

$ .01 to $1,000.00 $20.00

$ 1,000.01 to $50,000.00 $20.00 + $2.00 per each additional $1,000 or part thereof over $1,000

$50,000.00 to $100,000.00 $120.00 + $1.00 per each additional $1,000 or part thereof over $50,000

$100,000.00 to unlimited $170.00 + 504: per each additional $1,000 or part thereof over $100,000 open ended

2. The balance and remainder of Ordinance 1987-169 remains in full force and effect, other than as amended hereby.

ORDAINED AND ENACTED as an Ordinance of Point Township, Northumberland

County, Pennsylvania, this /&' day of May, 2002.

ATTEST : POINT TOWNSHIP BOARD OF SUPERVISORS POINT TOWNSHIP BOARD OF SUPERVISORS NORTHUMBERLAND COUNTY, PENNSYLVANIA

ORDINANCE NO. : 2002-217

AN ORDINANCE AMENDING ARTICLE 11, DEFINITIONAL STANDARDS, OF POINT TOWNSHIP ZONING ORDINANCE 158 OF DECEMBER 30, 1986; AMENDING ARTICLE XI1 OF ORDINANCE NO. 169-87, BY ESTABLISHING A NEW PROVISION CONCERNING ANY BOUNDARY DISPUTES WHICH MAY ARISE INCIDENT THERETO, AND ORDINANCE NO. 170-87, ARTICLE V THEREOF, SETTING FORTH THE MINIMUM FLOOD-PROOFING STANDARDS.

BE IT ORDAINED AND ENACTED by the Supervisors of Point Township, Northumberland County, Pennsylvania, as follows : 1. Articles I1 of Point Township Zoning Ordinance No. 158 of December 30, 1986 is amended to read as follows:

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. Basement - means any area of the building having its floor below ground level on all sides. Completely dry space - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor. Essentially dry space - a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water. Floodway - the designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.

1 Historic structure - any structure that is : 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; 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; Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. Lowest floor - the lowest floor of at 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 non-elevation design requirements of this ordinance. Recreational vehicle - a vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

2 Regulatory flood elevation - the one hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1 1/2) feet. Special permit - a special approval which is required for hospitals, nursing homes, jails, manufactured homes, new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain and facilities necessary for emergency response such as fire, ambulance, police stations, and civil defense preparedness buildings. Substantial damaqe - damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent or more of the market value of the structure before the damage occurred.

2. Articles XI1 of Ordinance No. 169-87, as the same relates to floodplain districts, Subsections 12.02 is hereby amended as follows:

C.4 Boundary Disputes Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township and any party aggrieved by this decision or determination may appeal to the Township Board of Supervisors. The burden of proof shall be on the appellant.

3. Article V of Ordinance No. 170-87 is hereby amended to add the following:

Article V - Minimum Floodproofinq Standards

A. Basements and Lowest Floors - Elevation and Floodproofing 4. Space below the lowest floor.

3 a. Fully enclosed space below the lowest floor (including basement) is prohibited. b. Partially enclosed space below the lowest floor (including basement) 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 exist of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: 1. a minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space. 2. the bottom of all openings shall be no higher than one (1) foot above grade. a. openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5. 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: a. 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. b. floor area shall not exceed 600 square feet.

4 C. the structure will have a low damage potential. d. the structure will be located on the site so as to cause the least obstruction to the flow of floodwaters. e. power lines, wiring, and outlets will be at least one and one-half (1/2) feet above the 100-year flood elevation. f. permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.

9- sanitary facilities are prohibited. h. 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 minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space. the bottom of all openings shall be no higher than one (1) foot above grade. openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

3. All remaining portions of the respective Ordinances of the Township shall remain in full force and effect, other than as

5 amended hereby. I 1 ORDAINED AND ENACTED as an Ordinance of Point Township, i Northumberland County, Pennsylvania, this 12th day of September, 2002.

ATTEST : POINT TOWNSHIP BOARD OF SUPERVISORS

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