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ABANDONED - the apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishing used in the performance of a nonconforming use without its replacement or the replacement of the non-conforming use or structure.
ACCESS DRIVE - a durable, all-weather surfaced means, other than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway.
ACCESSORY USE or STRUCTURE - a use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOKSTORE - a store or shop with more than 15 square feet of floor area devoted to the display and selling of pornographic materials consisting of pictures, drawings, photographs or other depictions, or printed matter and paraphernalia, which, if sold knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania.
AGRICULTURE - the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the accessory uses for packing, treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal agriculture activities.
ALTERATION - any major change in or addition to a structure.
AMENDMENT - a change in use in a district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Township Board of Supervisors.
AMUSEMENT USES - activities operated as a business for profit, open to the public, for the purpose of providing entertainment, including but not limited to bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of establishments, but excluding adult entertainment facilities.
APPLICANT - a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT - every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plan or a development plan.
APPOINTING AUTHORITY - the Board of Supervisors.
AUTHORITY - a body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."
AUTOMOBILE REPAIR BODY SHOP - a building on a lot that is used for the repair or painting of bodies, chasses, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for convenience.
BED AND BREAKFAST - a residence or commercial structure used to provide sleeping accommodations and breakfast for overnight guests.
BOARD - the Zoning Hearing Board of Lamar Township.
BUFFER - a buffer, or screen, is an open space of vegetation and/or fencing which acts as a transition area and partial barrier between differing land uses, as specified in § 27-806 of this Chapter.
BUILDABLE AREA - that portion of a lot bounded by the required front, side and rear yards.
BUILDING - any structure having a roof supported by columns or walls, which is used for the housing or sheltering of persons, animals or property.
BUILDING COVERAGE - that percentage of the plot of land area covered by the principal and accessory buildings (including covered porches, carports and breeze-ways, but excluding open patios, parking or loading areas.)
BUILDING HEIGHT - the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof but not including chimneys, towers or similar projections.
BUILDING LINE - the required setback (front, side or rear) of a building from a property or street line.
BUILDING SETBACK LINE - a line parallel to the street line located at a distance which is equal to the front yard requirement for the district in which the lot is located, i.e., front yard setback.
CAMPGROUND - a tract of ground used for camping purposes, with or without a fee charged for renting or occupying such space.
CAR WASH - a building on a lot used primarily for the washing and polishing of vehicles and accessory services.
CELLAR - a story partly underground and having more than 1/z of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
CONDITIONAL USE - a use permitted in certain districts, as provided for in Part 2, of this Chapter which may only be authorized by the Township Supervisors as set forth in Part 11 of this Chapter.
CONVERSION APARTMENTS - dwelling units created by the conversion of a large building (such as single-family homes or barns) into a residential structure.
COTTAGE INDUSTRY - an accessory commercial or industrial use of a residential or agricultural tract of ground which is clearly secondary to the use of the premises as a residence or farm. [Ord. 8-13-2007A]
COVENANT, RESTRICTIVE - a contract between two or more parties usually specifying limitations or obligations relating to the use of property.
CURATIVE AMENDMENT - a process by which a landowner or the Township may challenge this Chapter on substantive grounds because of a restricted or prohibited use of the land.
CUSTOMER/PATRON ACCESS AREA - the sum of all portions of any building(s) and structure(s) which patrons or attendees of special events or activities are allowed to utilize.
DAY CARE CENTER - a private facility enrolling more than six children between the ages 2 and 6 years of age and where tuition, fees or other compensation is charged and which is licensed and approved to operate as a child day care center by the Pennsylvania Department of Public Welfare.
DENSITY, GROSS - the total number of dwelling units per acre in a development divided by the total site area in acres.
DEVELOPER - any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving or excavation.
DEVELOPMENT PLAN - the provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, easements, parking facilities, common open space and public facilities. The phrase “provisions of the development plan” shall mean the written and graphic materials referred to in this definition.
DWELLING - any building or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons, as:
DWELLING, MULTI-FAMILY - a building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
DWELLING, SEASONAL - a dwelling intended for occupancy only occasionally during the year, including dwellings intended for summer or winter recreational use such as cottages, hunting cabins and mobile homes.
DWELLING, SINGLE-FAMILY ATTACHED - a building designed and occupied exclusively as a residence for one family and having a party wall on each side in common with an adjacent dwelling; i.e., a townhouse.
DWELLING, SINGLE-FAMILY DETACHED - a detached building designed for or occupied exclusively by one family.
DWELLING UNIT - one or more rooms containing a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy by one family for living and sleeping purposes. Travel trailers, recreation vehicles and similar facilities for transient lodging shall not be considered as dwelling units.
EASEMENT - a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
ENCROACHMENT - a structure or activity which changes, expands or diminishes the course, current or cross-section of a watercourse, floodway or body of water. Any development within 50 feet of waterways or wetlands, and requiring a permit from DEP and the US Army Corps of Engineers. [Ord. 12/10/2001]
ENCLOSED USE - a use which is located entirely within a structure.
ESSENTIAL SERVICES - the provision by public utilities, municipal or other governmen tal units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or governmental units or for the public health, safety or general welfare. Such uses shall not be enclosed within a building and shall exclude communication antennae, towers, or equipment buildings and wind energy facilities. [Ord. 05-06-2013]
FAMILY - one person, or two or more persons related by blood, foster relationship, marriage or adoption, and in addition, any domestic servants or gratuitous guests thereof. A roomer or boarder shall not be considered a member of the family.
FAMILY DAY CARE HOME - a family residence where care is provided for up to six young children by an occupant of the home and which is registered by the Pennsylvania Department of Public Welfare. Such facility may be permitted by the Township as a home occupation.
FARM - any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purpose of this Chapter, a farm shall not include a raising of fur bearing animals, riding academy, livery or boarding stables or dog kennels.
FARM BUILDING - any building used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
FENCE - any facility constructed of wood, metal, wire mesh, masonry blocks or similar material or any landscaping which consists of plants located close together (i.e., a hedgerow), erected for the purpose of screening one property from another either to assure privacy or protect the property screened. For the purposes of this Chapter, a fence shall not be considered a structure.
FILTER STRD? - an existing or new buffer of vegetation along a stream, pond, lake or sinkhole, which serves to remove sediment and other pollutants from runoff thereby protecting water quality. It can take the form of an existing hedgerow, uncultivated field or newly established grass.
FIREPROOF PARTY WALL - a common wall shared by two tenants or property owners that is designed and constructed of material which is capable of withstanding fire or preventing damage caused by fire.
FLOOD - a temporary inundation of normally dry land areas.
FLOODWAY - the channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100 year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100 year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated the 100 floodplain and the special and risk premium zones applicable to the community.
FLOOD FRINGE - that portion of the 100 year floodplain outside the floodway.
FLOOD, 100 YEAR - a flood that on the average is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
FLOODPLAIN - a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPROOFING - any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage. (See Lamar Floodplain Ordinance [Chapter 8].)
FLOODWAY - the designated area of a floodplain required to carry and discharge flood waters of a 100 year flood without cumulatively raising the flood elevation more than 1 foot at any point.
FLOOR AREA - for the purposes of applying the requirements for off-street parking and loading, "floor area" in the case of office, merchandising or service type uses, shall mean the gross floor area used by tenants, or for service to the public or clients, including areas occupied by fixtures or equipment used for display or sales of merchandise. (See also "habitable floor area.")
FREEBOARD - a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.
GARAGE, PRIVATE RESIDENTIAL - an accessory building designed or used for the parking or storage of not more than four vehicles owned and used by the occupants of the building to which it is accessory and which is not a separate commercial enterprise available to the general public.
GARAGE, REPAIR - a building used primarily for making major repairs to motor vehicles, including overhauling, body work, refinishing and upholstering and incidental servicing.
GOVERNING BODY - Lamar Township Board of Supervisors.
GROUP HOME - a residential facility for mentally retarded or mentally ill individuals not related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit and licensed by the County or State.
GROUP QUARTERS - a dwelling that houses unrelated individuals.
HABITABLE FLOOR AREA - any floor area within a dwelling unit that is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area.
HEAVY MANUFACTURING - a manufacturing or industrial operation that produces a substantial amount of noise, smoke, odor, dust, vibration or glare.
HEIGHT OF BUILDING - the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the root but not including chimneys or similar projections.
HIGH DENSITY DEVELOPMENT - the establishment of five or more permanent dwelling units per acre.
HOME OCCUPATION - an accessory use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. (See § 27-506(40) of this Chapter.)
HUD CODE - manufactured home construction and safety standards enacted by the U.S. Department of Housing and Urban Development in 1976. A uniform construction code which classifies mobile homes as manufactured homes. The HUD Code preempts State and local building regulations.
INDUSTRIAL PARK - a tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, setbacks, side yards, landscaped yards and covenants controlling the architecture and uses.
INTERSTATE HIGHWAY SYSTEM - that portion of the national system of interstate highways located within the Commonwealth as officially designated by the State and/or Federal Departments of Transportation.
JUNK - any used or discarded material, including but not limited to household appliances, furniture, rags, metal, glass, building materials, machinery, vehicles or parts thereon with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
JUNKYARD - an area of land, with or without buildings, used for storage, collection and/or sale of used or discarded materials, including junk as defined above, with or without dismantling, processing, salvage, sale or other use or disposition. Storage of two or more abandoned motor vehicles, or the major parts thereof, for a period exceeding 120 days, shall be deemed a junkyard and must be licensed by the Township.
JUNK VEHICLE - an unlicensed and uninspected vehicle which has been abandoned or not moved for 6 months.
LAND DEVELOPMENT - any of the following activities:
A. The improvement of one or more contiguous lots or tracts of land for any purpose involving:
(1) Two or more residential or nonresidential buildings (whether proposed initially or cumulatively) or a single nonresidential building on a lot regardless of the number of occupants or tenure.
(2) The allocation of land or space (whether initially or cumulatively) among two or more existing or prospective occupants for streets, common areas, leaseholds, condominiums, buildings, mobile homes or other features.
B. A subdivision of land.
LAND DEVELOPMENT EXCLUSIONS -
A. The conversion of an existing single-family detached dwelling into not more than three residential units, unless they are intended to be a condominium.
B. The addition of any accessory building, including farm buildings, subordinate to an existing principal building.
C. The addition or conversion of buildings or rides within an amusement park. An amusement park is defined as a permanent area used principally for amusement structures or rides.
LANDOWNER - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIGHT MANUFACTURING - a manufacturing or industrial operation that produces a negligible amount of noise, smoke, odor, dust, vibration or glare as a result of operation of the activity.
LOGGING - the act of cutting trees for cord wood, for timber, for pulp or for any commercial purpose, excepting therefrom a person cutting on his own property or the property of another, with his permission, for his own or his family's use, the clearing of less than 1 acre for development of building sites, or the clearing for farm operations, if there is no altering of natural drainage courses.
LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
LOT AREA - the computed area contained within the lot lines, excluding any street right-of-way.
LOT DEPTH - the distance measured from the front lot line to the rear lot line.
LOT FRONTAGE - the length of the front lot line measured at the street right-of-way.
LOT LINE - a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
LOT OF RECORD - any lot which individually or as part of a subdivision has been recorded in the office of the Clinton County Recorder of Deeds.
MANUFACTURED and MOBILE HOME SALES - an area, including a building, used primarily for the display or sale of manufactured and/or mobile homes and where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.
MANUFACTURED HOME - a factory-built residential dwelling unit certified as built in compliance with the HUD Code. It is transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length; or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a year-round dwelling with a permanent foundation and connected to the required utilities.
MANUFACTURING - the act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
MARKET VALUE - the fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MEDIATION - a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MINERAL EXTRACTION or SURFACE MINING OPERATIONS - the extraction of minerals from the earth or waste or stock piles, or from pits or banks, including but not limited to: strip, drift, auger and open pit mining, dredging, quarrying, leaching, mountaintop removal, box cutting and activities related thereto.
MINOR LAND DEVELOPMENT - development involving no new streets and no extension of public water or sewer and which consists of either a single non-residential building of less than 2,000 square feet or the placement of two single-family dwellings on a single lot.
MINOR SUBDIVISION - a subdivision of land of three or fewer new lots involving no new street and no extension of sewer and water facilities.
MINIWAREHOUSE - building or series of buildings used for the storage of goods and materials and leased to the general public.
MOBILE HOME - a single-family, transportable, factory-built home used as a year-round dwelling and built prior to enactment of the HUD Code on June 15, 1976. (See "HUD Code.")
MOBILE HOME LOT - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances for a single mobile home.
MOBILE HOME PARK - a parcel of land which has been so designated and improved that it contains two or more mobile home lots. A mobile home park is the same as a manufactured home park if the units were built after 1976, were certified by the HUD Code, and lot parcels are rented.
MODULAR HOUSING - housing units designed and manufactured in two or more standard sections, which are shipped and joined into one integral unit on the site.
MUNICIPAL AUTHORITY - a body politic and corporate created pursuant to the act of May 2, 1945 (P.L" 382, No. 164), known as the "Municipality Authorities Act of 1945."
MUNICIPAL ENGINEER - a professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer.
MUNICIPALITY - any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class A through eighth class, home rule municipality, or any similar general purpose unit of government which shall hereafter be created by the General Assembly.
NEW CONSTRUCTION - the construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile homes), structure, and/or improvements (such as street utilities, etc.)
NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the 'adoption or, amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE - a structure or part of a structure not in compliance with this Chapter, but where such structure lawfully existed prior to the enactment of this Chapter. Such nonconforming structures include nonconforming signs.
NONCONFORMING USE - a use which does not comply with the provisions in this Chapter but was lawfully in existence prior to the enactment of this Chapter.
OBSTRUCTION - any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure of other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
OFFICIAL MAP - a map adopted by ordinance.
OPEN SPACE - any parcel or designated land area in its natural state or essentially unencumbered by either principal or accessory uses, buildings, structures or impervious surfaces.
PERSONAL SERVICE ESTABLISHMENT - a small business such as a barber or beauty shop.
PERFORMANCE ZONING - performance zoning is a method of regulating land use based upon flexibility and creativity. When this approach is used, it supersedes the standards of conventional zoning districts. Under performance zoning, land uses are permitted based upon meeting certain site criteria rather than upon their location in a specific zoning district. The increased flexibility of performance zoning enables the landowner to work with the constraints of the site and to buffer adjoining uses. Performance criteria include site capacity, evaluation and buffer standards which are described in §§ 27-804, 27-805 and 27-806 of this Chapter.
PLANNED RESIDENTIAL DEVELOPMENT (PRD) - 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, from time to time, under the provisions of a municipal zoning ordinance.
PLANNING COMMISSION - the Planning Commission of Lamar Township.
PLAT - a map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
PREMISES - any lot, parcel or tracts of land and any building constructed thereon.
PRINCIPAL BUILDING - a structure in which the principal use of the site is conducted.
PRINCIPAL USE - the main or primary purpose for which a building, other structure and/or land is used, occupied or maintained under this Chapter. All other structures or uses on the same lot which are supplement thereto and permitted under this Chapter shall be considered accessory uses.
PRINCIPALLY ABOVE GROUND - at least 51% of the actual cash value of the structure, less land value, is above ground.
PRIVATE ROAD - a right-of-way which provides vehicular access to a maximum of five lots and which is not dedicated or maintained by the Township or State.
PROFESSIONAL OFFICE - the office of a member of a recognized profession. A professional office shall be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is only secondary to the residential use of the building.
PUBLIC - owned, operated or controlled by a government agency (Federal, State or local, including the Board of Public Education.)
PUBLIC HEARING - a formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action.
PUBLIC MEETING - a forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE - notice published once each week for 2 consecutive weeks in a newspaper of general circulation in the Township. Such notice shall state the date, time and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than 30 days and the second publication shall be not less than 7 days from the hearing date.
PUBLIC SEWAGE SYSTEM - a system designed to treat the sewage wastes of more than one dwelling unit and which, discharges the resultant outflow into a stream or other body of water. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT, TOP SOIL STRIPPING - a lot or land or part thereof used for the purpose of extracting stone, sand, clay, gravel or top soil for sale, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RECREATIONAL VEHICLE - a vehicle less than 38 feet in length, used for temporary living or sleeping purposes, which stands on wheels. Included are travel trailers, truck campers and motor homes. Such vehicles are permitted only in campgrounds or on private individual parcels.
RENEWABLE ENERGY SOURCE - any method, process or substance whose supply is-rejuvenated through natural processes remains relatively constant, including geothermal energy, solar and wind energy and hydroelectric energy.
RETAIL SALE - a sale direct to consumer as distinguished from sale at “wholesale” in large quantities to one who intends to resell.
RETIREMENT COMMUNITY
- a residential area for people of retirement age which may feature a variety of housing types.
SALE PARCEL - in planned residential development, that portion of a tract's gross acreage which may be sold for land development, while the remaining acreage is left undisturbed for common open space.
SEASONAL HOME - a dwelling intended for seasonal or leisure activity which is not intended now or in the future for year-round dwelling purposes. It includes cottages, cabins, second homes, travel trailers and forms of camping accommodations. Such uses shall be limited to hunting and fishing seasons, vacation time, weekends, retreats and other periodic visits.
SEMI-PUBLIC RECREATION - active and passive, indoor and outdoor activities such as but not limited to the County Fair, 4-H Club events and exhibits, agricultural or environmental displays, athletic or academic contests, youth or adult education or training presentations, amusement rides, firework displays, tractor pulls, rodeos, races by horses, vehicles or persons or musical concerts for which attendees may pay an admission fee, be admitted free or by membership including the accessory, incidental, customary and necessary support functions, storage and maintenance or repair.
SCREENING - a barrier to visibility, glare, and noise between adjacent properties made of plant materials such as trees or shrubs. (See § 27-809 of this Chapter.)
SIGN - any object, surface, display, device or structure bearing lettering, pictorial or sculptured matter, designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of a government. (See Part 7 of this Chapter.)
SIGN AREA - the entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure.
SIGN BILLBOARD - a sign which advertises a commodity, business, industry, or activity which is sold, offered or conducted at a location other than on the lot upon which such sign is located. For the purposes of this Chapter, billboards shall be freestanding structures.
SIGN, GROUND - a freestanding sign supported vertically by one or more up-rights placed in or on the ground which may be designed to be moveable. Such signs may advertise products or items offered for sale or that are directly related to the premises on which they are located, ( e.g., business identification signs) or may advertise products or events located elsewhere, (e.g., billboards).
SIGN, WALL - a sign attached to a wall of a building directly related to the premises on which it is located.
SHOPPING CENTER - a group of stores planned and designed to function as a unit for the lot on which it is located with off street parking provided as an integral part of the unit.
SPECIAL EXCEPTION - a use permitted in a particular zoning district pursuant to the provisions of Part 10.
STORY - that portion of a building included between the surface of any floor and the surface of the floor next above it, if there is no floor above it, then the space between any floor and the ceiling immediately above it.
STREET - includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET GRADE - any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE - any combination of materials, other than a building which forms, a construction that is safe and stable, including but not limited to flagpole, stadiums, platforms, towers, sheds, storage bins, fences exceeding 4 feet in height, signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks and parking areas at yard grade.
SUBDIVISION - the division or redivision of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. However, the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED - where in the judgment of the Township Engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUBSTANTIAL IMPROVEMENT - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (A) before the improvement or repair is started or (B) if the structure has been damaged and is being restored, before the damage occurred. For 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 include either (A) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (B) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUBSURFACE DRAINAGE - construction associated with the removal of ground water from under roadway or other surfaces designed to maintain firm, stable subgrades and structure foundations.
TAVERN - an establishment whose primary function is the serving of alcoholic beverages for onsite consumption and which is licensed by the State Liquor Control Board.
TOWNSHIP SUPERVISORS - the governing body of Lamar Township.
TRANSFERABLE DEVELOPMENT RIGHTS - the attaching of development rights to specified lands which are desired by a municipality to be kept underdeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the Township where more intensive development is deemed by the Township to be appropriate.
TRIANGLE, SIGHT - a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight of motorists entering or leaving the intersection.
TRUCK TERMINAL - a structure or group of structures owned and/or operated by a trucking firm intended to be used for loading, unloading, storage and/or transfer of truck-transported goods, including truck maintenance and fueling facilities.
USE - the specific purpose or activity for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include a nonconforming use.
VARIANCE - a modification of the literal provisions of this Chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
VEHICLE SALES LOT - an area used for the display or sales of new or used vehicles or trailers, and where minor and incidental repair work (other than body and fender) may be done.
WATERCOURSE - any channel or conveyance of surface water having a defined bed and bank, whether wet or dry, whether artificial or natural.
WETLANDS - land that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamps, bogs, marshes and marine meadows.
YARD - an open space which lies between the principal building or group of buildings and the nearest lot line. Such space shall be unoccupied and unobstructed from the ground upward except as may herein be permitted.
YARD, FRONT - an open space which lies between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward.
YARD, REAR - an open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDE - an open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING HEARING BOARD - the Zoning Hearing Board of Lamar Township.
ZONING MAP - the official Zoning Map of Lamar Township, together with all notations, references and amendments which may subsequently be adopted. The Zoning Map shall be considered a part of this Chapter.
ZONING OFFICER - the administrative officer charged with the duty of enforcing the provisions of this Chapter.
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 Chapter for the district in which it is located.
(Ord. 3/9/1993B, §1601; as amended by Ord. 12/10/2001; by Ord. 8-13-2007A, 8/13/2007, §II; by Ord. 05-06-2013, 5/6/2013, Art. I; and by Ord. 06-05-2018-A, 6/5/2018,
§I; and by Ord. 12-03-2019, 12-3-2019, §2)
PART 16
ZONING MAP AMENDMENTS
ZONING MAP AMENDMENTS
Ord. Res.
| Date
| Description
| |
7-15-02 | 7/15/2002 | Rezoning tax parcel 17-02-01-0061 and 17-02-01- 0061B from Agricultural AG to Highway Inter change HI. | |
8-13-2007B | 8/13/2007 | Rezoning tax parcel 04-01-0083-B from O/R - Open Space/Recreation to AG - Agriculture Zoning Dis trict. | |
11-12A-2007 | 11/12/2007 | Rezone tax parcels 05-01-0022, 05-01-0022-A and 05-01-0022-E from Open Space/Recreation District to an Agriculture District. | |
06-08-2009 | 6/8/2009 | Pertaining to the establishment of a Scenic Preser vation Overlay Area within Agricultural Zoning District of the Township of Lamar, as depicted on the Official Zoning Map of Lamar Township dated October 14, 2002, as amended, is hereby deleted in its entirety. The subject properties which are here by affected are the following properties identified and designated on the Clinton County, Pennsylva nia, tax assessment for the Township of Lamar as: | |
Parcel Identification No. 17-7582 17-7570 17-7573 17-20808 17-7575 17-7583-72B 17-7634-58C 17-20809 17-7509 17-27065 17-7576-69 17-26055 17-7572-66B 17-7580-72 17-7580-71A 17-7580-72 17-7510 17-8198 17-8199 17-24848-68B 17-26652 Parcel Identification No. 17-7540 17-25695 17-7578-71 17-7512 17-23650 | Map No. 02-01-0072-A 02-01-0066 02-01-0066-C 02-01-0066-F 02-01-0067-A 02-01-0072-B 02-01-0093 02-01-0073-A 02-01-0037 02-01-0071-B 02-01-0069 02-01-0073-E1 02-01-0066-B 02-01-0072 02-01-0072 02-01-0072 02-01-0038 02-01-0068 02-01-0068-A 02-01-0068-B 02-01-0072-B1 Map No. 02-01-0058-E 02-01-0073-E 02-01-0071 02-01-0040 02-01-0057-A | ||
PART 17
SOLAR ENERGY SYSTEMS
SOLAR ENERGY SYSTEMS
ACCESSORY SOLAR ENERGY SYSTEM (ASES) - (Often referred to as residential solar). An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more free-standing ground, or roof mounted, solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
APPLICANT - The individual or entity seeking approval for a solar energy system pursuant to this Part. The owner of the real property upon which the solar energy system shall be erected, as well as the applicant, shall be responsible for compliance with this Part and all zoning and building permits that are required.
PRINCIPAL BUILDING - A building or structure in which is conducted the principal use of the lot on which the building or structure is located.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES) - (Often referred to as solar farm or commercial solar). An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground, or roof mounted, solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers; substations; electrical infrastructure; transmission lines and other appurtenant structures.
SOLAR ENERGY - Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY SYSTEM - A solar photovoltaic cell, module, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
SOLAR ARRAY - A grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELL - The smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULE - A grouping of solar cells with the purpose of harvesting solar energy.
SOLAR GRAZING - The practice of grazing livestock on solar farms.
SOLAR RELATED EQUIPMENT - Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.
(Ord. 2024-01, §2)
1. Regulations Applicable to All Accessory Solar Energy Systems.
A. Accessory solar energy systems are a permitted use in all zoning districts.
B. §150-60 Observance of Performance Standards must be adhered to.
(1) Exemptions.
(a) ASES constructed prior to the effective date of this Section shall not be required to meet the terms and conditions of this Part. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this Section that materially alters the ASES, shall require approval under this Part. Routine maintenance or like-kind replacements do not require a permit.
C. The ASES layout, design and installation shall conform to applicable industry regulations and with all applicable fire and life safety requirements.
D. All on-site utilities, transmission lines less than 34.5 kV, and plumbing shall be placed underground to the greatest extent possible.
E. The ASES shall be designed to use the energy created primarily for on-site use.
F. All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
G. All ASES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
2. Roof Mounted and Wall Mounted Accessory Solar Energy Systems.
A. A roof mounted or wall mounted ASES may be located on a principal or accessory building.
B. ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.
C. Wall mounted ASES shall comply with the building setbacks in the applicable zoning districts.
D. Solar panels shall not extend beyond any portion of the roof edge.
3. Ground Mounted Accessory Solar Energy Systems.
A. Setbacks.
(1) The minimum setbacks from side and rear property lines shall be equivalent to the building setbacks in the applicable zoning district.
(2) A ground mounted ASES shall not be located in the required front setback.
(3) Ground mounted ASES are prohibited in front yards unless unique physical circumstances or conditions exist that preclude it from being located in a side or rear yard. Such physical conditions may include, but are not limited to, topography, restricted solar access in other yards, other resource constraints, unusual situation of the principal use on the parcel, etc.
B. Freestanding ground mounted ASES solar panels shall not exceed 25 feet in height above the ground elevation surrounding the systems.
C. Coverage.
(1) The area beneath the ground mounted ASES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to stormwater planning.
D. Ground mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system, or in any other manner that would alter or impede storm water runoff from collecting in a construed storm water conveyance system.
E. If a ground mounted ASES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system shall be graded and returned to environmentally stable condition.
(Ord. 2024-01, §2)
1. Regulations Applicable to All Principal Solar Energy Systems.
A. Ground mounted - principal solar energy systems are a conditional use in LI (Light Industrial District) and HI (Highway Interchange District) Zoning Districts. Ground mounted PSES are not permitted in any other zoning districts.
B. Roof mounted - principal solar energy systems are a conditional use in all zoning districts.
C. Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.
D. An affidavit or similar evidence of agreement between the property owner and the solar-energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a solar-energy facility.
E. All PSES applications after the effective date of this Part shall be required to meet the terms and conditions of Lamar Township Code, including but not limited to §112 Stormwater Management, §119 Subdivision and Land Development and §150-60 Observance of Performance Standards.
F. PSES constructed prior to the effective date of this Section shall not be required to meet the terms and conditions of this Part. Any physical modification to any existing PSES, whether or not existing prior to the effective date of this Section that expands the PSES shall require approval under this Part. Routine maintenance or replacements do not require a permit.
G. The PSES layout, design and installation shall conform to applicable industry regulations, and with all other applicable fire and life safety requirements.
H. All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.
I. The owner of a PSES shall provide the Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system.
J. If a PSES is being used as an accessory use for commercial or industrial activity on another property, then the Township shall be informed of the intent of the PSES.
K. Signage shall comply with the prevailing sign regulations.
L. All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.
M. All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.
N. The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Lamar Township Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to Lamar Township with updates due to employee advancement or turnover.
2. Ground Mounted Principal Solar Energy Systems.
A. The PSES shall meet the minimum lot size requirement of five acres.
B. Setbacks.
(1) PSES shall comply with the following setback requirements:
(a) Building setbacks of the applicable zoning districts, except:
(b) Adjacent to any residential district (R-1, R-2) or parcel with an existing residential structure, the solar panels must follow a 50-foot setback while the fencing shall comply with the setbacks of the underlying zoning district.
(2) If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make most efficient use of the project area.
C. Height.
(1) Ground mounted PSES solar panels shall not exceed 25 feet in height.
D. Impervious coverage.
(1) According to Pennsylvania DEP, the area beneath the ground mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the overall lot coverage requirement.
(2) Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.
E. Screening and vegetation.
(1) Street screening shall consist of slat fencing or shrubs, 6 feet to 8 feet high when mature, shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way. Solar perimeter fence shall be placed between shrubs and solar panels. Reasonable modifications to these requirements may be requested through §27-1704, Paragraph 3., Modifications, below.
(2) Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching 6 feet to 8 feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township. Reasonable modifications to these requirements may be requested through §27-1704, Paragraph 3., Modifications, below.
(3) Perimeter fence shall be placed between shrubs and solar panels.
(4) Widespread use of herbicides to control ground cover growth is prohibited.
F. Unless agreed to by easement or right-of-way holder, ground mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system, or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.
G. Security.
(1) In accordance with NEC, all ground mounted PSES shall be completely enclosed by fencing with locking gate. The current NEC code requires a minimum six-foot high fence with barbed wire or a seven-foot high fence.
(2) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
H. Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 12 feet.
I. If a ground mounted PSES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system must be returned to an environmentally stable condition.
3. Roof Mounted Principal Solar Energy Systems.
A. PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.
4. Local Emergency Services.
A. The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).
B. The applicant shall cooperate with emergency services to develop and coordinate the implementation of an emergency response plan for the solar energy facility.
5. Decommissioning.
A. An affidavit, or similar evidence, signed by the property owner and the PSES facility owner affirming a lease agreement with a decommissioning clause (or similar) and a successors and assigns clause. The decommissioning clause must provide sufficient funds to dismantle and remove the PSES, including all solar related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads and other associated facilities from the property. The successors and assigns clause must bind those successors and assigns to the lease agreement.
B. The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months and the owner has not initiated necessary remedial actions to return the PSES to a generating state. If the PSES owner fails to dismantle and/or remove the PSES within 18 months of cessation or abandonment, the Township may complete the decommissioning at the property owner’s expense.
C. The applicant for a zoning permit for a PSES shall execute an agreement with the Municipality providing financial security in an amount equal to 125% of the estimated cost to decommission the PSES. The estimated cost shall be prepared by the applicant and shall be in writing itemizing the costs. The estimated costs shall be subject to the approval of the Municipality. The financial security shall be: (1) funds deposited with the Municipality, (2) a bond from an entity acceptable to the Municipality or (3) an irrevocable letter of credit from an entity acceptable to the Municipality The agreement and financial security shall remain in effect until the PSES is decommissioned and the land restored to its original condition. The financial security may be utilized by the Municipality to pay the costs of repair, replacement, dismantling, removal and/or restoration of the PSES or the land as provided herein. Every five years, a new estimate of the said costs shall be submitted to the Municipality in writing by the owner of the PSES. The said estimate shall be subject to the approval of the Municipality. The said financial security shall be adjusted to equal 125% of the said estimated costs. Should the financial security not be sufficient to pay the costs and the fee, the owner of the PSES shall be liable for the costs and fees not paid from the financial security. The agreement referred to herein shall be prepared by the Municipality. All costs, expenses and fees incurred by the Municipality in reviewing the estimates or enforcing the said agreement shall be paid by the owner of the PSES within ten days of receiving a bill for the same.
(Ord. 2024-01, §2)
1. Applications.
A. Permit applications shall document compliance with this Part and shall be accompanied by drawings showing the location of the solar energy system on the building or property, including property lines. Permits must be kept on the premises where the solar energy system is located.
B. The permit shall be revoked if the solar energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this Part. In the case of nonconformity caused by natural forces, the owner shall have a maximum of 90 days to initiate necessary remedial action to bring system back in conformance with the Part.
C. The solar energy system must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
D. For PSES systems, conditional use approval is required prior to obtaining land development plan approval. The conditional use approval and land development plan processes can be concurrent. All necessary stormwater plan approval, E & S and NPDES permits must be approved prior to receiving final Council approval of the land development plan. An approved land development plan is required for application for a zoning permit.
E. ASES systems for single-family residential use are exempt from the land development process, but a zoning permit is required.
2. Fees and Costs.
A. The Applicant shall pay all permit application fees and inspection fees when seeking approval of a solar energy system under this Part.
B. The Applicant shall, prior to receipt of an approved permit, sign a Lamar Township developer’s agreement and submit funds for a developer’s account which will reimburse the Township for any actual fees or costs incurred arising out of or related to the application (collectively the "costs"). The costs shall include, but not be limited to, engineering and legal fees. Any funds remaining after project completion shall be returned to the developer.
3. Modifications. The Township may grant modification of the requirements of one or more provisions of this Part if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the property in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed. All requests for a modification shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
4. Enforcement.
A. Upon the receipt of a written complaint setting forth the existence of unauthorized construction, modification, or use in violation of this Part, or other notice thereof, the, Zoning and Code Enforcement Officer, that may be authorized by the Township Council shall cause written notice to be given either by personal service or registered or certified mail to the applicant of the property upon which the violation exists, to immediately cease and the construction, modification or the unauthorized use of the solar energy system. Such a written notice shall be required to enforce the remedies set forth in this Section. However, the Township shall still be entitled to give a verbal notice for defective systems as authorized above.
B. Upon failure of such applicant to comply as directed in said notice, the Enforcement Officer, other municipal officials or solicitor may appear on behalf of the Township and initiate legal proceedings to enforce the provisions of this Part before a District Magistrate.
C. Any Applicant who or which shall violate or permit to be violated the provisions of this Part shall, upon being found liable therefore in a civil enforcement proceeding brought by Lamar Township before a District Magistrate, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by (Township) as a result thereof. No fine shall commence or be imposed, levied, or be payable until the date of the determination of the violation by a District Magistrate. Each day that a violation exists and is continued shall constitute a separate offense, unless the District Magistrate who determines that a violation has occurred further shall determine that there was a good faith basis for the defendant to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of determination by such District Magistrate and thereafter every day shall constitute a separate offense.
D. In addition, the Township shall also be entitled to recover from any applicant all the Township's costs or fees (collectively the "costs") arising out of or related to the application or enforcement of this Part. Such costs may also include those to remedy violations of this Part or to abate nuisances. The costs shall include, but not be limited, engineer fees, geologist fees, attorney fees, zoning officer fees, and staff/employee time. The costs may be collected as a Municipal Claim under applicable law against the property upon which the solar energy system, or portions thereof, is located.
(Ord. 2024-01, §2)
1. The provisions of this Part shall be construed to the maximum extent possible to further the purposes and policies set forth herein, as consistent with applicable state statutes and regulations. If the provisions of this Section and state law are in conflict, then state law shall prevail.
2. It is the intention of the Township Supervisors that the provisions of this Part are severable and if any provisions of this Part shall be declared unconstitutional or invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining provisions of this Part.
(Ord. 2024-01, §2)