The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
A. 
Residential lots and subdivided parcels shall have no structure, in addition to the principal structure on the same lot, used for dwelling purposes, except as provided in Article VIII of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Where a lot is used for a permitted nonresidential purpose, more than one principal nonresidential structure may be located upon the lot, but only when such structures conform to all land use, lot coverage and yard requirements for the district in which it is located.
C. 
Accessory buildings and structures shall be permitted only when in conjunction with a primary building on any lot, tract or parcel of land in R-1 and R-2 Districts and only when in conjunction with a primary building or permitted use activity in A-1, B-1, and I-1 Districts.
D. 
No building in the rear or to the side of a main building on the same lot may be used for living purposes in a residential district.
E. 
One additional single dwelling unit to be occupied by a hired helper or employee may be permitted in an A-1 District on an active working farm, provided the farm is in excess of 10 acres.
F. 
If a structure is damaged or destroyed by fire, collapse, explosion or act of God, the owner must indicate his intent to repair, rebuild, reconstruct or abandon within 90 days of the occurrence. If the structure is to be abandoned, within 180 days of his indication of intent the owner must completely raze the structure and backfill all depressions in order to prevent it from becoming a neighborhood nuisance or safety hazard.
G. 
The Zoning Officer may grant a permit for a period not to exceed six months, renewable once, for the temporary placement of a mobile home, travel trailer, pickup coach, or motorized home to be used for living or housekeeping purposes under the following circumstances.
(1) 
The mobile home, travel trailer, pickup coach, or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion, or act of God, and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;
(2) 
The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested, or will be under repair or reconstruction within a reasonable period of time thereafter; and
(3) 
The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.
A. 
Home gardening is a permitted accessory use in all R-1 and R-2 Districts. Temporary roadside stands for the seasonal sale of locally grown agricultural products are permitted but must be set back at least 15 feet from the cartway. All stands must be removed when not in use. At least three off-street parking spaces must be provided in addition to those required under regulations for residential parking. (See§ 400-30A.)
B. 
Agricultural uses shall comply with the following requirements if less than five acres:
(1) 
The movement and keeping of livestock and/or poultry shall be limited by a fence or other method of enclosure located a minimum of 150 feet from any residential lot line.
(2) 
The operations shall be managed and operated solely by the individuals residing on the premises.
(3) 
No agricultural accessory building shall be located within 150 feet of a residential lot line.
(4) 
Storage of manure or odor- or dust-producing substances shall not be permitted within 200 feet of any property line if the abutting property is zoned R-1 or R-2.
C. 
Roadside stands for the sale of produce and related farm products produced on site in A-1 Districts shall conform to the following minimum standards:
(1) 
Structures shall be a minimum distance of 20 feet from the highway right-of-way line.
(2) 
A minimum of five off-street parking spaces must be provided in addition to those required under regulations for primary site uses.
(3) 
All parking spaces shall be a minimum of 10 feet from the highway cartway.
(4) 
Structures shall not exceed 10 feet in height and shall not exceed 300 square feet in area.
A. 
Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Hearing Board may permit erection of a dwelling on any lot (in a district where permitted by this chapter) separately owned, or under contract of sale, and containing at the time of the passage of this chapter an area or width smaller than that required for a single-family dwelling.
B. 
No lot area, though it may consist of one or more adjacent lots of record, shall be reduced in area so that the yard lot area per family, lot width, building area or other requirements of this chapter are not maintained, public utilities companies excepted.
C. 
Side and rear yard. All structures, whether attached to the principal structures or not, including porches, garages, carports, balconies or platforms above normal grade level, shall not project into any minimum side or rear yard.
D. 
Front yard.
(1) 
All structures, whether attached to the principal structures or not, including garages, carports or balconies above normal grade level, shall not project into any minimum front yard.
(2) 
Addition of a porch, roof extension or platform. The minimum front yard depth may be reduced in R-1, R-2, and A-1 Districts by 10 feet in depth with the addition to the main structure of a porch, platform and/or roof extension. Said porch, platform and/or roof extension shall be a maximum of 10 feet in depth, including any soffit overhang, and shall not at any time be enclosed.
(3) 
Video satellite dish installations shall be established to the rear of the front building line, and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot. No portion of the unit or its mounting shall be attached in any manner to another structure or building.
E. 
Lots having frontage on more than one street shall provide the required building setback on every street.
F. 
Accessory structure, dimensional standards.
[Added 1-27-2016 by Ord. No. 224]
(1) 
A-1, R-1, and R-2 Districts.
(a) 
No accessory structure shall be located in the required front yard.
(b) 
Accessory structures shall be set back at least 10 feet from side and rear property lines.
(c) 
Sheds with a gross floor area of 300 square feet or less may locate up to five feet from the side and rear property lines.
(d) 
Swimming pools and paved areas and accessory structures adjacent thereto shall not be located closer than 10 feet to any property line of the property on which it is located. Swimming pools shall not be located in the front yard of any lot.
(2) 
B-1, I-1, and I-2 Districts.
(a) 
Single-family and duplex residential accessory structures shall be subject to those applied in the A-1, R-1, and R-2 Districts as set forth in the preceding section.
(b) 
Accessory structures shall otherwise be subject to the required yards of the respective zoning district, provided that sheds with a gross floor area of 300 square feet or less may locate up to five feet from the side and rear property lines.
A. 
Driveways shall be designed in such a manner that would prevent the driveway and driveway material and associated stormwater from entering onto a public road.
B. 
Driveways for commercial and industrial uses shall have a minimum width of 20 feet unless specified otherwise by applicable regulations.
C. 
Access drives to and from off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits.
A. 
No excavation that has a potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
B. 
The applicant for permit to proceed with excavation shall obtain all permits and authorization required by local and any other county, state and federal governmental agencies having jurisdiction over such matters, prior to approval of a zoning permit by local authorities.
C. 
Normal agricultural activities, commonly and routinely engaged in by farm and residential residents in the municipality, shall not be considered excavations and shall not require permits.
D. 
No cut or fill grade shall exceed a slope of 3:1 or 33 1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area including cuts or fills on land naturally exceeding 3:1 in slope.
E. 
All lands steeper than 10:1 in slope from which structures or natural cover have been removed or otherwise destroyed shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
F. 
No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the center line of natural drainagecourses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream. All such action shall be in accordance with PA DEP rules and regulations.
G. 
All earthmoving activity shall comply with the Erosion and Sedimentation Control Amendment to the Pennsylvania Clean Streams Law of 1937, P.L. 1987 and P.L. 177,[1] all requirements of the Pennsylvania Department of Environmental Protection and other applicable federal, state, county or local agency or authority having enforcement jurisdiction.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Amended 1-27-2016 by Ord. No. 224]
Essential services, as defined in this chapter,[1] shall be permitted in all zoning districts, subject to restrictions otherwise set forth in this chapter with respect to use, design, yard area, setback and height.
[1]
Editor's Note: See § 400-6, Definitions.
A. 
The location, nature, type of materials and height of walls, hedges and fences shall be such that they will not hinder the appropriate development and use of adjacent land or buildings or impair the value thereof. No fence or wall shall extend within the right-of-way of any street. No fence, wall, hedge or shrubbery shall be placed or be allowed to grow in such a manner as to impede vision at intersecting streets or from driveways on the owner's lot or on an adjacent lot. The height of such objects is restricted to three feet within a triangular area formed by the center lines of intersecting streets and a line joining points on the street lines, and equal distance from the point of intersection. This distance shall be 75 feet from the corner.
B. 
In the following zoning districts, R-1, R-2, and A-1, no fence shall exceed 6 1/2 feet in height along any rear yard or side yard and four feet in height along any front yard between the street right-of-way and the building line.
C. 
In B-1 Zoning District, no fence shall exceed 6 1/2 feet in height along any yard line when said lot is used in a commercial nature.
D. 
In the Industrial I-1 and I-2 Zoning Districts, no fence shall exceed 10 feet in height along any yard line when said lot is used in an industrial nature.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
(1) 
In the case of flat-roof structures: highest point of coping.
(2) 
In the case of mansard-roof structures: deckline of roof.
(3) 
In the case of gable or hipped roof: average height of roof.
B. 
A habitable attic shall be counted as a story.
C. 
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilations, skylights, water tanks, public utility facilities, bulkheads, silos, antennas and other necessary mechanical and operational apparatus usually carried above the roof level.
A. 
All land use activities shall comply with the requirements of this section. The Township may require evaluation by a qualified consultant whose cost for services shall be borne by the applicant, in cases where issues develop over the need for, or the adequacy of, compliance.
B. 
Fire prevention. Fire prevention and fire control equipment acceptable to standards of the Board of Fire Underwriters or other appropriate regulatory agency shall be readily available where any activity involves the handling of flammable or explosive materials.
C. 
Steady-state noise emanated from stationary equipment. Steady-state noise emanating from stationary equipment or sources, which will persist during indefinite or periodic intervals of time over a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Township, shall not exceed the maximum noise levels prescribed in this section.
(1) 
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:
(a) 
Within 25 feet of any receiving building located in any district; or
(b) 
At any point along the boundary line between the source property and the receiving property in the A-1, R-1 and R-2 Districts.
(2) 
Maximum permissible noise levels are:
(a) 
Daytime (7:00 a.m. to 10:00 p.m.): 75 dBA.
(b) 
Nighttime (10:00 p.m. to 7:00 a.m.): 70 dBA.
(3) 
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications S1, 4-1971.
D. 
Odor. No malodorous gas or matter that is discernible on any adjoining lot or property shall be permitted except for normal farm operations carried on in the A-1 District.
E. 
Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or any substance that is harmful to health, animals, vegetation or other property shall be permitted.
F. 
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
G. 
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.
A. 
No lot or premises may be used as a storage area or dump for garbage, junk automobiles, appliances or storage or collection of any other miscellaneous items except as provided for in appropriate articles of this chapter or other applicable Township statutes.
B. 
No vehicle or motorized equipment that is disabled, from which the wheels or engine have been removed, is not in operating condition or does not have a current motor vehicle license and inspection sticker attached shall be placed, parked or stored for a period exceeding 30 days, in any district, nor shall any owner or occupant of the property in any district permit said property to be used for the parking or storage of such vehicles or equipment. The foregoing shall not prohibit the rental of space in a private or public garage or permitted public parking lot, repairs in a permitted garage in a commercial or industrial district or storage of vehicles in a junkyard. This regulation is not meant to apply to operable antique motor vehicles, farm tractors, racers and other vehicles not requiring state inspections.
C. 
Any material stored outside an enclosed structure being used for commercial or industrial purposes shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user. Materials shall not be deemed to include operable vehicles.
D. 
The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
E. 
Landscaping in commercial and industrial districts adjacent to public rights-of-way shall meet the following requirements:
(1) 
Any part or portion of a site that is being occupied and that is not used for buildings, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. A replacement program for nonsurviving plants shall be included.
(2) 
Any single parking area with 25 or more spaces shall utilize at least 5% of its area in landscaping.
F. 
Mobile recreational vehicles, such as travel trailers, pickup coaches, motorized homes and boat trailers may be parked or stored in A-1, R-1, and R-2 Districts subject to the following requirements:
(1) 
At no time shall such parked or stored camping and recreation equipment (authorized mobile homes excepted) be used for residential purposes.
(2) 
Parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory buildings or to that portion of the lot to the rear of the principal building line.
(3) 
If topographic conditions are such that compliance with the parking or storage requirements of this regulation would cause inconvenience or undue hardship, then parking to the front of the building line is permitted as a variance by the Zoning Hearing Board so long as the vehicular view or traffic is not obstructed.
Individual mobile homes, not a part of a mobile home park, that are installed where permitted on private land as single-family residential dwellings shall comply with all regulations for conventional dwelling houses with respect to size, setback and side lines of the district in which it will be sited, and shall meet the following additional requirements:
A. 
The mobile home shall be installed to conform with all front yard, side yard and rear yard setback lines applicable to housing in the district.
B. 
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation, basement or footer.
C. 
An enclosure of compatible design and material shall be erected around the entire base of any mobile home not mounted on an enclosed foundation or basement. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
D. 
The mobile home shall be connected to both public water and sewer systems, if available. If not, the owner shall provide a potable water supply and shall provide a septic system which meets all standards of the Pennsylvania Department of Environmental Protection.
E. 
Any garage, utility shed, or other accessory building constructed on the tract shall conform with the standards applicable to such structures for the applicable zoning district. All accessory structures shall be designed and constructed of materials that are aesthetically compatible with the principal unit.
F. 
Any single on-lot mobile home shall meet the specifications for manufacture of mobile homes as set forth in United States Standards Institute, Standards for Mobile Homes, USA Standard A 119.1-1969, FPA No.501B-1968, and any subsequent modification or amendment of such standards. Applicable state standards shall also be met. No room or floor area addition shall be made to the primary mobile home unit except for factory-designed and -produced extension units and patios, porches or carport that are aesthetically compatible with the unit.
[Amended 1-27-2016 by Ord. No. 224]
Floodplain zoning regulations. All development within flood-prone areas of Fallowfield Township shall conform to applicable requirements of this chapter of the Code of the Township of Fallowfield and to applicable requirements of the Fallowfield Township Floodplain Management Ordinance in Chapter 209, Floodplain Management, of the Code.
Transient vendors, when authorized under applicable state and Township regulations and by affected property owners, may be permitted to sell products subject to the following:
A. 
Activities shall be restricted to B-1 and I-1 Districts.
B. 
Temporary structures, signs and vehicles used for the sales activity shall be situated a minimum distance of 20 feet from the highway cartway. Said structures, signs and vehicles shall be removed during periods when sales operations are not in progress.
C. 
Minimum clear sight lines of 500 feet along the highway approaches to the sale site shall be maintained from both directions.
D. 
Off-street parking shall be available at a minimum distance of 20 feet from the highway cartway.
E. 
A minimum of five off-street parking spaces shall be provided.
F. 
Signs relating to the sale of products shall be limited to a total of four. Individual signs shall not exceed 10 square feet in area.
G. 
Signs shall not be placed within 20 feet of the highway cartway and shall be within 500 feet of the sales site.[1]
[1]
Editor's Note: Section 13.14, relating to building permit requirements and construction standards in flood-prone areas, added 9-26-1995 by Ord. No. 134 immediately following this subsection, as amended 4-28-1999 by Ord. No. 154, was repealed 1-27-2016 by Ord. No. 224. See also § 400-45 of this chapter and Ch. 209, Floodplain Management, of the Code of Township of Fallowfield.
[Added 12-30-1996 by Ord. No. 143; amended 1-27-2016 by Ord. No. 222]
As stated in § 400-6, Definitions, above, the "wireless communications facility (WCF)" is the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communication services.
A. 
Definitions. Terms used in this section shall have the following meanings:
CAMOUFLAGING METHODS
Concealing techniques applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles and light poles.
CO-LOCATION
The placement or installation of new non-tower-based wireless communications facilities on previously approved and constructed wireless support structures, such as monopoles, utility poles, or light poles. The term includes the placement, replacement, or modification of accessory/related equipment within a previously approved equipment compound.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
EMERGENCY
A condition that:
(1) 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
(2) 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and results in loss of the services provided.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory/related equipment is stored.
MODIFICATION
The improvements, upgrade, or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facility located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
MONOPOLE
A WCF or site that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
REPLACEMENT
The replacement of wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair, or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the wireless communications facility initially installed and that does not substantially change the physical dimensions of the existing support structure.
SUBSTANTIALLY CHANGE
(1) 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
(2) 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned land or property.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
B. 
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities, which shall require conditional use approval by the Township:
(1) 
Standard of care. The WCF applicant shall present documentation that the tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electric Safety Code, National Electric Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(2) 
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA 222-E Code, as amended).
(3) 
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(4) 
Maintenance. The following maintenance requirements shall apply:
(a) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be only visited for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less that the best available technology for preventing any failures and accidents.
(5) 
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCF's, generate radio frequency emissions in excess of the standards and regulations of the FCC including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(6) 
Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic Districts Lists maintained by the Township or that have been designated by the Township as being of historic significance.
(7) 
Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.
(8) 
Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(9) 
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.
(10) 
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of the applicable noise standards under Pennsylvania law and Township regulations, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(11) 
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(12) 
Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the property or parcel of the proposed facility.
(13) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(14) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. As conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCFs, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
(15) 
Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.
(16) 
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice or proceed with enforcement remedies.
(c) 
Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
(17) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the conditional use application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
(18) 
Bond. Prior to the issuance of a permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure has been provided. The owner shall file a copy of the bond with the Township.
C. 
Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(1) 
Development regulations.
(a) 
Conditional use in all zoning districts. Applicants seeking to construct a tower-based WCF must first apply to the Township to determine if a suitable site is available on Township-owned and/or controlled land or structures, irrespective of zoning district. If the facility is not to be located on Township-owned and/or controlled facilities, said use must be approved by the Township.
(b) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.
(c) 
Height. Any tower-based WCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.
(d) 
Sole use on a lot. A tower-based WCF can be permitted as a sole use on a lot, subject to the minimum lot area and yards, complying with the requirements for the applicable zoning district.
(e) 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[1] 
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
[2] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3] 
Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, no tower-based WCF shall be located within 200 feet of any occupied building.
[4] 
Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.
(2) 
Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(3) 
Design regulations.
(a) 
The WCF shall employ the most-current camouflaging methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the camouflaging methods chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Where the proposed site abuts a residential zoning district, tower-based WCFs shall be permitted only where they are disguised by attaching them to an existing tall structure where the proposed tower-based WCF does not increase the height of the existing structure or by disguising the tower-based WCF so it resembles a tree, a silo, or a church steeple so that it will fit in with the residential character of the community.
(c) 
Any height extensions to an existing tower-based WCF shall require prior approval of the Township.
(d) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(4) 
Surrounding environs.
(a) 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) 
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(5) 
Fence/screen.
(a) 
A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
(b) 
An evergreen screen that consists of a hedge, or a row of evergreen trees shall be located along the perimeter of the security fence.
(c) 
The WCF applicant shall submit a landscape plan for review and approval by the Township for all proposed screening.
(6) 
Accessory equipment.
(a) 
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using camouflaging methods, as described above.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(7) 
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(8) 
Access road/lease area. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement and/or signed a lease agreement for the proposed facility.
(9) 
Site plan required. In order to determine that the requirements of the conditional use and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:
(a) 
Locations of all existing uses and proposed WCFs.
(b) 
Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.
(c) 
Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.
(d) 
Vehicular access, fencing, landscaping, utility and/or access easements.
(10) 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township's regulations, Pennsylvania or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
D. 
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
(1) 
Conditional use, but is prohibited in rights-of-way of neighborhood collectors and residential access streets and in the Township's residential zoning districts (R-1 and R-2 Districts). No tower-based WCF shall be located within the rights-of-way or future rights-of-way of any neighborhood collector or residential access street as designated by the Township, nor will any tower-based WCF be located within a residential zone or within 500 feet of a lot in residential use or a residential boundary.
(2) 
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.
(3) 
Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 35 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.
(4) 
Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF in the ROW shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(5) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(6) 
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.
(7) 
Design regulations.
(a) 
The WCF shall employ the most-current camouflaging methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the camouflaging methods chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(8) 
Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(9) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(10) 
Compensation for ROW use. In addition to any permit fees, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCFs.
E. 
General requirements for all non-tower wireless communications facilities.
(1) 
If the application for a non-tower wireless communications facility WCF is a co-location, modification, or a replacement AND meets all of the criteria listed below in Subsection E(1)(a) through (e), then the requirements contained in Subsection E(2) below will be applicable. Should the application not be considered a co-location, modification, or replacement or if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection E(3) below.
(a) 
The proposed co-location, modification, or replacement of a non-tower WCF does not substantially change the physical dimensions of the wireless support structure to which the non-tower WCFs are attached.
(b) 
The proposed co-location, modification, or replacement of a non-tower WCF does not further increase the height of a wireless support structure which had already been extended by more than 10% of it originally approved height or by the height of one additional antenna array.
(c) 
The proposed co-location, modification, or replacement does not increase the dimensions of the equipment compound previously approved by the Township.
(d) 
The proposed co-location, modification, or replacement complies with the applicable conditions of approval applied to the initial tower-based WCF, equipment compound, and wireless support structure.
(e) 
The proposed co-location, modification, or replacement does not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
(2) 
The following regulations shall apply to all non-tower wireless communications facilities that are considered a co-location, modification, or replacement and that meet ALL of the criteria outlined in Subsection E(1) above:
(a) 
Permitted as a conditional use in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b) 
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(c) 
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-E Code, as amended). A copy of the structural analysis, signed and sealed by a registered engineer in the Commonwealth of Pennsylvania, shall be submitted to the Township as a portion of the original application.
(d) 
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(e) 
Aviation safety. Non-tower WCFs shall comply with all federal and Pennsylvania laws and regulations concerning aviation safety.
(f) 
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(g) 
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:
[1] 
All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.
[2] 
If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice and/or proceed with enforcement remedies.
(h) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. As conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCFs, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
(i) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.
(3) 
The following regulations shall apply to all non-tower wireless communications facilities that are not considered co-locations, modifications, or replacements OR do not meet all the requirements of the criteria listed in Subsection E(1):
(a) 
Permitted as a conditional use in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(b) 
Upon receipt of an application for any non-tower WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the parcel or property of the proposed facility.
(c) 
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(d) 
Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIN/TIA-222-E Code, as amended).
(e) 
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(f) 
Historic buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic District List maintained by the Township or has been designated by the Township as being of historic significance.
(g) 
Aviation safety. Non-tower WCFs shall comply with all federal and Pennsylvania laws and regulations concerning aviation safety.
(h) 
Maintenance. The following maintenance requirements shall apply:
[1] 
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
[3] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(i) 
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(j) 
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:
[1] 
All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.
[2] 
If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice and/or proceed with enforcement remedies.
(k) 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. As conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCFs, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.
(l) 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the non-tower WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(m) 
Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $5,000 for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.
(n) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
F. 
Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that do not meet the criteria in Subsection E(1):
(1) 
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or previously approved wireless support structures, subject to the following conditions:
(a) 
Such non-tower WCF does not exceed a maximum height of 150 feet, inclusive of its support structure.
(b) 
If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c) 
A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(2) 
Design regulations.
(a) 
Non-tower WCFs shall employ camouflaging methods and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the camouflaging methods chosen by the non-tower WCF applicant shall be subject to the approval of the Township.
(b) 
Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains an additional permit.
(c) 
All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d) 
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(3) 
Removal, replacement, modification.
(a) 
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the non-tower WCF is permitted, so long as such repair or upgrade does not increase the overall size of the non-tower WCF or the number of antennas.
(b) 
Any substantial modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(4) 
Inspection. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township's regulations or Pennsylvania or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
G. 
Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in Subsection E(1):
(1) 
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(2) 
Design requirements:
(a) 
Non-tower WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall be compatible in scale and proportion to the structures upon which they are mounted. Non-tower WCFs in the ROW may not exceed a height of six feet above the structure upon which they are mounted, unless the applicant receives an additional permit. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antennas and all support equipment shall be treated to match the supporting structure. Non-tower WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(3) 
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(c) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.
(4) 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(5) 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
The vacating of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(6) 
Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.
[Added 1-27-2016 by Ord. No. 223]
A. 
Compressor station.
(1) 
In the A-1, B-1, I-1 and I-2 Districts as a conditional use.
(2) 
The minimum site area of 10 acres shall apply to compressor stations in any zoning district they are provided for as a conditional use.
(3) 
To minimize impacts of ongoing compressor station noise on surrounding land uses, a compressor station shall not be located any closer than 2,500 feet to another existing or proposed compressor station independent of who owns/operates the adjacent compressor station. If noise-controlling structures or technologies reduce on-site noise levels, said distance may not be applicable to said proposed compressor station as reviewed by the Township Planning Commission and approved by the Board of Supervisors.
(4) 
All principal buildings and accessory structures shall be set back at least 1,500 feet from any protected structure including a minimum of 100 feet from any property line. For each 100 horsepower over 2,000 horsepower proposed as part of the total engine power on site, the setback shall be increased by 100 feet. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in context of surrounding land use activity. These apply to electric-, gas- or petroleum-powered compressors.
(5) 
Compressors shall be located within a completely enclosed building. During periods of normal operations, doors, windows and similar operations shall remain closed.
(6) 
The building or noise abatement enclosure surrounding the engines and compressors shall be soundproofed as necessary to meet the maximum allowable noise levels permissible as specified by the Township's ordinances, state and federal law or/and regulations.
(7) 
All property lines shall be screened by buffer areas for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.
(8) 
The operator must provide a plan for the transmission of gas, water, oil or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such lines.
(9) 
The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Emergency Management Coordinator a minimum of 30 days prior to their use.
(10) 
The operators shall provide a site orientation for Township's emergency first responders regarding operations, equipment and chemicals present at the facility.
(11) 
The operator shall provide a prioritized call list with names, addresses, and phone numbers for twenty-four-hour emergency contact.
(12) 
Heavy truck traveling to and from the compressor station shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.
(13) 
Tracking of mud, dirt and debris onto Township streets shall not occur. In the event of such occurrence, measures shall be taken to clean any mud, dirt and debris from Township streets immediately upon notification.
(14) 
The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.
(15) 
No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon substance or any refuse including wastewater or brine from any natural gas processing or treatment facility or the contents of any contained used in connection with any natural gas processing facility into, or upon any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or any private property without permits from the appropriate regulatory agencies.
(16) 
The site shall be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept locked when employees are not on the premises.
(17) 
The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.
(18) 
All equipment and facilities shall comply with applicable performance standards of the Township, and, if the equipment and facilities exceed the limits established by the Township, the Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance with the standards.
(19) 
Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.
(20) 
Compressor stations shall have an adequate area improved with a dust-free all-weather surface which shall be provided on the site for parking maintenance vehicles during routine visits.
(21) 
The Township reserves the right to impose the requirement of a risk assessment report related to the facility's safety and/or any and all reasonable safeguards or conditions necessary to implement the intent of this chapter and shall review the particular facts and circumstance of each proposed conditional use application in terms of the applicable use standards.
(22) 
The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.
(23) 
A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.
B. 
Natural gas processing and/or treatment facility.
(1) 
In the A-1, I-1, and I-2 Districts as a conditional use.
(2) 
The minimum lot area of 10 acres shall apply to natural gas processing and/or treatment facilities.
(3) 
All principal buildings and accessory structures shall be set back at least 1,500 feet from a protected structure including a minimum of 100 feet from any property line. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in the context of surrounding land use activity.
(4) 
All property lines adjoining property in all zoning districts except A-1, I-1 and I-2 shall be screened by a buffer area for the distance necessary to screen buildings, structures, parking areas, storage areas and equipment.
(5) 
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such lines.
(6) 
The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the Township Fire Department and to the Township Emergency Coordinator a minimum of 30 days prior to their use.
(7) 
The operator shall provide a site orientation for the Township's emergency first responders regarding operations, equipment, and chemicals present at the facility.
(8) 
The operator shall provide the name, address and phone number for twenty-four-hour emergency contact.
(9) 
All waste disposal and storage of gases or by-products shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.
(10) 
The site shall be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept locked when employees are not on the premises.
(11) 
The operator shall demonstrate continued compliance with all applicable local, state and federal permits and regulations.
(12) 
Heavy truck traffic traveling to and from the processing facility shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Emergency vehicles and field maintenance vehicles are exempted from this limitation.
(13) 
All equipment and facilities shall comply with the standards of the Township Code.
(14) 
Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.
(15) 
The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.
(16) 
Site activities must abide by the Township's regulations in terms of maximum sound level.
(17) 
Natural gas processing and/or treatment facilities shall be subject to the design and parking requirements in this chapter.
(18) 
The Township reserves the right to impose a risk assessment report related to the facility's safety and/or any and all reasonable safeguards or conditions necessary to implement the intent of this chapter and shall review the particular facts and circumstances of each proposed conditional use application in terms of the applicable use standards.
(19) 
The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.
(20) 
A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.
C. 
Water impoundments. All freshwater and wastewater impoundments must be constructed, maintained in accordance with the DEP regulations and any state or federal laws.
D. 
Oil and gas drilling sites, pads and related activities.
(1) 
All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the laws of the Commonwealth of Pennsylvania existing, and, as amended, any applicable federal laws, and in compliance with all applicable Township ordinances.
(2) 
The proposed oil and gas well(s) shall be located a minimum of 500 feet for a horizontal oil and gas well and 300 feet for a vertical oil and gas well from a protected structure. To ensure health, safety and welfare of Township residents and businesses, the Township reserves the right to increase the minimum necessary setback distance from a property line based upon existing and/or proposed site conditions and/or in context of surrounding land use activity. An oil and gas well is a conditional use that may only be constructed within the following zoning districts: A-1, R-1, R-2, B-1, 1-1, and 1-2 Districts.
(3) 
The oil gas drill sites shall only be permitted to occur on property in all zoning configurations and with a minimum of 10 contiguous acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum to 10 acres required.
(4) 
A conditional use application shall be accompanied with written permission from the property owner(s) who have a legal or equitable title in and to the surface of the drill site.
(5) 
Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 footcandle when measured 10 feet from any property line. The property line in this case is referenced not only as on the ground itself, but when projected vertically at 90°. This light must be contained internally upon the applicant's site and not come within 10 feet in any direction of this threshold.
(6) 
The applicant shall have obtained from the commonwealth, Township, federal regulatory agencies or authorities all permits required to be issued in accordance with applicable laws and regulations for the proposed use and the specific number of proposed wells to be drilled at the applicant's site, and said permits shall be provided to the Township prior to any activity taking place. Any suspension or revocation of permits by PA DEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension or revocation of zoning approval.
(7) 
The applicant shall provide the Township with a plan for the transportation of materials and substances (e.g., gas, water, oil) and equipment to construct and operate the proposed pad and facility. When using Township roads, the applicant shall obtain the necessary permits and sign a heavy hauling agreement, and, where applicable, an excess maintenance agreement and provide any bonds required by the Township. Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.
(8) 
The Township reserves the right to designate required truck hauling routes throughout the Township. Use of Township roads for hauling equipment (e.g., water, etc.) shall not be permitted when roads are being used to transport students to and from school. The operators shall coordinate their efforts with the local school district and any private schools.
(9) 
The applicant shall provide screening for any material that is to be stored outside of an enclosed structure in the event that any of the materials are readily visible from adjoining occupied residential properties.
(10) 
The applicant shall provide and will continue to update a state-approved Preparedness, Prevention and Contingency Plan applicable to well leakage, spill containment, vandalism, creating unknown conditions, defective casing or cementing, potential communications between the well and public water supply and any other relevant area required to be addressed by said plan.
(11) 
All driveways or entrances accessing the drill site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.
(12) 
Prior to well spud, the applicant shall meet with the Township safety control individuals, including, but not specifically limited to the Fire Chief, State Police, Code Inspector, Township Engineer and County Emergency Management appointee to discuss or provide information regarding any proposed emergency responses to the Preparedness, Prevention and Contingency Plan. All associated materials shall be distributed to meeting attendees and the Township's municipal administrative office no less than one week prior to said meeting.
(13) 
The applicant shall supply proof of any bonds posted or being held by the Pennsylvania Department of Environmental Protection (DEP) to ensure proper plugging when the well is classified as inactive by the DEP.
(14) 
The applicant shall provide a schedule to the Township identifying dates for site preparation, anticipated drilling activity, anticipated completion, and anticipated stimulation or fracturing work to begin. The Township recognizes that said dates may be dependent upon variables such as the weather, availability of equipment, leasing permitting production and the like. However, such scheduling shall be updated and provided to the Township on a periodic basis (generally weekly) as requested by the Township.
(15) 
The applicant, from the start of construction operations to the completion of operations, shall provide twenty-four-hour security, seven days a week at the access road. Further, if required by the Township safety and security personnel, the applicant will address all means necessary to protect its site and wellhead in a reasonable manner satisfactory to the Township.
(16) 
The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the well site. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid and downstream facilities located within the Township and extending 800 feet beyond the Township boundary. The operator shall provide the Township with all state and federal permits that have been acquired, and any bonding agreements, and proof of ability to operate such lines. The operator shall provide the name and address of the owners, operators, and those in charge of maintenance and provide the information of the contact person for each.
(17) 
The proposed access road to the well site shall be an improved, dust-free, all-weather surface constructed and maintained in such a manner that no water, sediment, or debris will be carried onto any public street. The applicant shall implement measures necessary (e.g., vacuum truck, wheel washers and the like) to ensure that no water, sediment, dust or debris is carried onto any public street. If, through time, originally installed surfacing and/or implemented measures result in water, sediment, or debris being carried onto any public street, said surfacing and measures shall be reevaluated and reconstructed with paving at lengths appropriate to achieve Township-stated results.
(18) 
The applicant shall provide off-site parking area for transportation of materials and substances (e.g., gas, water, oil) and equipment to wait or be positioned while gaining entrance to the access road, and such parking shall be adequate so that it does not disrupt the normal flow of traffic on Township roadways.
(19) 
The public street entrance on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials. This shall apply to all applicants' activities, including their contractors and subcontractors, with regard to the compressor station; natural gas processing and/or treatment facilities; and, oil and gas drilling sites, pads, and other related activities.
(20) 
There shall be no activities associated with the proposed use that will emit electrical disturbances adversely affecting the operation of radios or any equipment not located at the subject property.
(21) 
The applicant shall comply with and meet all sound level regulations for both Township and state while operating at the compressor station; natural gas processing and/or treatment facilities; and, oil and gas drilling sites, pads, and other related activities.
(22) 
There are to be no activities associated with the proposed use that will result in malodorous gas or matter discernible at any point on or beyond any line(s) of disturbance that have occurred on the site.
(23) 
The applicant/site developer shall maintain a current list of all subcontractors working on the site and each subcontractor's contact information. Said list shall be provided to the Township on at least a monthly basis.
(24) 
There is to be no visible smoke emission, except testing or emergency flares as regulated by DEP. The applicant shall comply with all applicable DEP and Environmental Protection Agency (EPA) air quality regulations.
(25) 
All earthmoving activities and stormwater management on the subject property shall be subject to the terms and conditions of a DEP-approved erosion and sedimentation control plan and all related applicable permits. A copy of said plan and permit are to be provided to the Township for review prior to such work is to begin and shall be on file at the construction site.
(26) 
Within the terms and conditions of this chapter and any other applicable ordinances of Fallowfield Township, federal laws and commonwealth laws, rules and regulations and statutes, the requested conditional use shall not be adverse to the public health, safety and welfare of Township residents and will comply with all ordinances, rules, regulations and statutes as noted above.
(27) 
Unless otherwise identified by the Township heavy hauling agreement, the applicant shall, prior to any construction or activity, improve the street/road on which the development exists with such improvements, including, but not necessarily limited to, widening in certain areas, upgrading base and topcoat construction and resurfacing. Said improvements and maintenance shall continue throughout the course of activity taking place on the site. The proposed improvements shall be provided to the Township for review and approval, prior to such activity taking place. Said improvements, construction and resurfacing shall begin and be completed before paid construction commences.
(28) 
All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with the best accepted practices. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the drill site to avoid adverse impact to persons living in the vicinity.
(29) 
If the applicant receives a complaint or question from an affected resident concerning water qualities or quantities, the applicant shall address such complaint. In all cases, the Township must receive notification.
(30) 
With regard to the operation or maintenance of the compressor station; natural gas processing and/or treatment facilities; and oil and gas drilling sites, and any transmission or transportation lines, the applicant shall provide the Township with contact information which will identify representatives of the applicant to be contacted 24 hours a day, seven days a week to address any issue, complaint and/or emergency.
(31) 
If a reasonable complaint is registered with the Township, the applicant will address said complaint within 24 hours of notification to it and take whatever reasonable means necessary to alleviate and to cure said complaint should it be found to be with merit.
(32) 
Fallowfield Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site.
(33) 
All applicants for compressor station; natural gas processing and/or treatment facilities; and/or natural oil and gas drilling sites, pads, and other related activities shall reimburse Fallowfield Township in addition to the fees enumerated in Subsection F, all professional consultant fees, advertising, and costs of public hearings incurred by the Township related to application for activities authorized by this section. Additionally, all applicants shall reimburse the Township for consulting fees and costs incurred in enforcing this section upon a finding of violation by a judicial decision.
(34) 
The applicant shall provide flagmen, traffic control devices, etc., along the route to maintain the safe flow of traffic along said Township route.
(35) 
The applicant acknowledges that if it fails to meet and maintain any condition as set forth by the Township or determined to be reasonable by any court of competent jurisdiction, then the conditional use permit may be revoked and all activity on said property ceased.
(36) 
The applicant acknowledges and indicates that all contractors and subcontractors are retained according to Total Recordable Injury Rate (TRIR) Standards and contracts only with those individuals or contractors who have favorable TRIR.
(37) 
The applicant acknowledges that if complaints regarding sound are received and that its activities exceed sound decibel levels greater than defined by any Township ordinance at receptor sites, the applicant shall take steps necessary to install sound muffling measures including sound walls, blankets, baffles, etc., to alleviate the noise.
(38) 
The applicant, contractor and subcontractors shall inform their operators that jake-brake usage on trucks is prohibited. These applicants shall place signs along the access routes advising drivers of this restriction.
(39) 
The applicant shall maintain at the property and file with the Township, a current list and Material Safety Data Sheet (MSDS) for all chemicals used in the drilling and fracturing operation.
(40) 
The Township shall not in any matter assume any liability for any actions or nonactions committed by the applicant, its representatives, contractors or subcontractors at the proposed site subject to the conditional use.
(41) 
The applicant shall comply with all Township ordinances related to construction activity, and activity for the construction of the proposed well pad or access road shall take place only during the hours of between 7:00 a.m. to 7:00 p.m. Monday through Saturday.
(42) 
Truck idling on the site shall not exceed five minutes.
(43) 
Sound-impact assessment or testing shall be provided to the Township as part of the conditional use application.
(44) 
The operator shall take any and all appropriate measures and efforts to control and to curtail dust emanating from the site.
(45) 
A waiver form from a property owner(s) may be signed relieving the operator from implementation of the measures established in this section of the chapter or other applicable provisions of Fallowfield Township. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to this section. The waiver form must be notarized and provided to the Township.
E. 
Noise limits.
(1) 
As part of oil- and gas-related activities, an applicant shall establish a continuous seventy-two-hour ambient baseline noise level at the nearest protected structure, property line or 100 feet from the nearest protected structure (as measured from the closest exterior point of the building), whichever is closer to the protected structure. The baseline shall be established over a seventy-two-hour period with at least one twenty-four hour reading on a Saturday or Sunday. In lieu of establishing the seventy-two-hour ambient baseline noise level, the applicant may assume for the purposes of compliance with this condition a default ambient baseline noise level of 55 dBA.
(2) 
The noise generated from operations measured at the locations described above shall not exceed the seventy-two-hour ambient baseline noise level as part of operations by more than 10 decibels.
(3) 
Operations are permitted to generate noise in addition to the 10 decibels above the seventy-two-hour ambient baseline during the hours of 7:00 a.m. to 9:00 p.m. according to the following:
Increase
(dBA)
Duration of Increase
(cumulative minutes in one hour)
5
15
10
5
15
3
20
1
(4) 
If a complaint is received by the Township regarding the noise generated by the operations, the applicant shall, within 24 hours of receipt of the complaint as relayed by the Township, have a certified independent acoustical professional approved by the Township continuously monitor for a forty-eight-hour period at the applicable point of measurement as established in Subsection E(1) above. If the noise levels set herein were exceeded, the Township may require acoustical blankets, sound walls, mufflers, or other alternative measures to be provided and installed by the applicant to ensure compliance.
F. 
Fees.
(1) 
All applications submitted by an applicant for a permit for compressor station; natural gas processing and/or treatment facilities; and/or, natural oil and gas drilling sites, pads, and other related activities authorized by this section shall be made on the application form provided by Fallowfield Township and shall submit an application fee in the amount of $1,500, which fee shall be applied to the costs.
(2) 
This fee will cover any administrative Township costs, but will not cover costs the Township has to expend to attempt to enforce provisions of this chapter or to hire independent individuals and/or firms to determine continued compliance with the terms of this chapter.
(3) 
The Board of Supervisors may, at any time by way of resolution, amend this chapter to set and/or change fees, including application fees.
[Added 1-27-2016 by Ord. No. 224]
A. 
No structure or uses shall be permitted in the bufferyard, other than stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the bufferyard and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required bufferyard include, but are not limited to, buildings, accessory structures, parking spaces and lighting devices.
B. 
Openings for driveways and Township required access drives shall be permitted to cross a required bufferyard. Plantings in the bufferyard shall be located so as to not obstruct vision for traffic entering and exiting the site.
C. 
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required bufferyard to screen the buildings, activities and parking areas from adjoining residential properties, the Township Engineer, upon recommendation by the Planning Commission may determine that existing topography and/or vegetation constitutes all or part of the required bufferyard. If such a determination is made and the size of the bufferyard warrants it, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved bufferyard.
D. 
None of the plantings in the required bufferyard shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line which constitutes the exterior boundary of the bufferyard.
E. 
Bufferyard "A."
(1) 
Purpose. Bufferyard "A" is designed to provide for adequate screening between uses and districts exhibiting the greatest potential conflict in terms of density and intensity.
(2) 
Depth of bufferyard: 40 feet.
(3) 
Base planting standards. Plantings in groupings or planted evenly along the perimeter shall be installed at a rate of one high-level planting for every 50 feet or one ornamental tree for every 30 feet.
(4) 
In addition to the base planting standards, plantings and screening shall be furnished through one or a combination of the following to provide a solid visual screening:
(a) 
A planted mound of at least three feet in height from the elevation of the adjoining property with a row of low-level plantings sufficient to provide screening to a level of six feet.
(b) 
Two staggered rows of evergreen trees of at least six feet in height at planting which, at planting, provide continuous both screening and are spaced in a manner which best ensures long-term survival. Up to 50% of such trees may be substituted for trees required under the base planting standards.
(c) 
An opaque fence of six feet in height located on the side of the landscaping buffer facing the principal structure(s) on the interior of the site or where multiple rows of plantings are utilized, at a location where an equal number of plantings are dispersed on each side of the fence. The fence shall be constructed of vinyl, brick, masonry with finished surfaces, or similar maintenance-free material; it may be located on the side of the buffering directly facing the property line. The colors of fence materials shall be consistent or in harmony with the housing and fence materials of the block on which the lot is located. The fence shall be set back at least four feet from the abutting property line.
F. 
Bufferyard "B."
(1) 
Purpose. Bufferyard "B" is intended to provide for the visual screening between uses which possess inherent contrasts in types and functions of similar use, namely between forms of residential and lower impact forms of commercial development.
(2) 
Minimum depth of bufferyard: 20 feet.
(3) 
Bufferyard "B" shall contain a minimum of one row of plantings consisting of a mixture of high-level and ornamental trees which include sufficient evergreen trees of a proportion and species sufficient to ensure the 60% of the row will provide a solid visual screening within three years of planting, with the remaining portions screened to a height of six feet through a combination of mounding, decorative fencing as per the standards of Bufferyard "A" and/or low-level plantings.
G. 
Bufferyard "C."
(1) 
Purpose. Bufferyard "C" is designed to provide visual screening between varied uses in mixed use and transitional neighborhoods and between varied uses that possess minimal, yet potential, conflicts with respect to the density and intensity of use.
(2) 
Depth of bufferyard: 10 feet.
(3) 
Bufferyard "C" shall be comprised of a continuous, compact evergreen hedge combined with decorative fencing as specified under Bufferyard "A" or mounding in a manner that provides six feet in height of screening; or a line of high-level plantings as evergreen trees that will grow together when mature.
H. 
Where 20 or more parking spaces face the bufferyard, in addition to the required trees, a row of low-level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the bufferyard which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low-level shrubs or hedges or mounds shall be installed so that a person facing a passenger car with the shrubs or hedges or mounds between him/her and the car could observe the car's low-beam lights only as a result of the diffused or reflected light from the headlights and not because the direct beam from those lights was observable. The earthen mound shall be a minimum of three feet in height at its center point with a minimum width at the base of 10 feet. Low-level shrubs or hedges shall be a minimum of three feet at the time of planting.
I. 
Where landscaping is required by and installed in accordance with plans approved under Chapter 350, Subdivision and Land Development, of the Code of the Township of Fallowfield, said landscaping shall be maintained in accordance with the approved landscaping plan.
[Added 1-27-2016 by Ord. No. 224]
A. 
A bufferyard shall be required as identified in the following table and shall be installed along the property line of the use specified in the column in accordance with the bufferyard type, if any, that is specified by the row headings which represent the use of the adjacent lot. The categories of Institutional, Intensive Residential, Intensive Industrial/Institutional, and Retail shall be determined by finding the particular use and corresponding category in the Use Authorization Table as set forth in this chapter.[1]
Single-Family Detached or Vacant R or A-1 District Lot
Institutional
Intensive Residential
Office and Industrial
Retail/ Service
PRD/ Cluster Option
Mobile Home Park
Single-family detached or vacant R or A-1 District lot
Institutional
B
A
B
B
B
Intensive residential
B
B
B
B
Intensive industrial
A
A
A
B
B
A
A
Office and industrial
A
B
B
A
A
Retail/service
A
B
B
A
A
PRD/cluster option
B
B
C
C
Mobile home park
B
B
C
[1]
Editor's Note: Table 2, the Use Authorization Table, is attached to this chapter.
B. 
Conflict between bufferyard and yard requirements. When the width of a required bufferyard is in conflict with the minimum yard requirements of this chapter, the greater distance shall apply. The bufferyard planting requirement shall be adhered to regardless of what the yard requirement is.
C. 
Existing trees in required bufferyards. Any existing trees within the required bufferyard which are a minimum of two inches in diameter at breast height (dbh) shall be preserved and shall count as a required tree within the bufferyard; provided, however, diseased or dead material may be removed. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required bufferyard for the planted material.
D. 
Responsibility for maintenance. It shall be the continuing responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Failure to replace such landscaping shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XVII of this chapter.
E. 
Stormwater management facilities in buffer areas. When required by the Township Stormwater Management Regulations,[2] stormwater management facilities and structures may be located within a bufferyard; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the bufferyard.
[2]
Editor's Note: See also Ch. 324, Stormwater Management, of the Code of the Township of Fallowfield.
F. 
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding must occur within 30 days of April 1.
G. 
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1) 
Planting required in bufferyards other than this section cannot be substituted for any required planting mandated by this section.
(2) 
Where bufferyards are required and in land developments where additional landscaping is required, a landscaping plan, with detailed drawings, shall be submitted with the application for approval of the land development, and this landscaping plan shall contain and show the following information:
(a) 
All required bufferyards with proposed plantings (identifying each proposed tree, bush or shrub by type and size) drawn to scale and identifying the height and width of any proposed mounds.
(b) 
All required planting independent of any bufferyard requirements (identifying each tree, bush, shrub by type and size, the use of sod or seeding, etc.) drawn to scale.
(c) 
Any planting in excess of the requirements in this section.
(d) 
Any existing trees or vegetation which are to be preserved, accurately identifying type, size and their relative location.
(e) 
Any existing trees or vegetation which will be removed, accurately identifying their type, size and relative location.
(3) 
For nonresidential developments which have a building or buildings with a gross floor area of 10,000 square feet or more and/or which have parking areas containing more than 50 spaces, a landscaping plan shall be required which is in compliance with this section, subject to approval by the Township.
(4) 
For residential land developments containing multifamily dwellings or duplex dwellings, at least one deciduous tree shall be planted for each four multifamily dwelling units or portion thereof.
(5) 
All trees which are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at breast height (dbh) at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
(6) 
In all zoning districts, all areas not utilized for buildings, structures, screening, parking facilities, driveways or other paved areas shall be graded to conform to existing contours on adjacent properties and to contain stormwater runoff on the lot. These areas shall be seeded, sodded or landscaped within one year following the completion of grading and/or construction activities. Continued maintenance of soil erosion and sedimentation control techniques as approved by the Township Engineer shall be required until such planting can be accomplished.
H. 
Posting of financial security for landscaping.
(1) 
The landowner and/or developer shall provide the Township with performance security, as required by Chapter 350, Subdivision and Land Development, during development of the site to guarantee proper installation of the required landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscaping plan.
(2) 
The landowner and/or developer shall provide the Township with maintenance security to guarantee the maintenance and survival of the landscaping and bufferyard materials installed on the subject property in accordance with this chapter and the Township-approved landscape plan. This maintenance security shall be in the amount of 15% of the total cost of the landscaping and bufferyard materials shown on the Township-approved landscape plan for a period of 18 months from initial planting and certification by the Township Engineer and/or Township landscape consultant.
(3) 
All such performance security and maintenance security shall comply with the requirements and the release of the performance security, and maintenance security shall be handled consistent with the requirements of Chapter 350, Subdivision and Land Development.
[Added 1-27-2016 by Ord. No. 224]
A. 
Amateur radio service communications antennas and support structures shall be permitted, subject to the following standards:
(1) 
The height of any such antenna or structure shall not exceed 65 feet above ground level.
(2) 
Antenna or antenna structures shall be at least 30 feet from the rear of the principal structure on the lot and may not be located in the front yard area.
(3) 
Associated supports or guy wires shall be no closer than five feet to any property line.
(4) 
The construction of all such antennas and antenna structures must conform to the Pennsylvania Uniform Construction Code.
(5) 
An applicant for an amateur radio service communications antenna or antenna structure must provide a copy of the applicant's insurance certificate showing general liability coverage in a minimum amount of $100,000 prior to the issuance of the permit.
B. 
Car washes.
(1) 
Stacking lanes with a minimum capacity for up to five vehicles shall be provided for vehicles waiting to use automatic car wash facilities and two vehicles per bay for self-service car washes. For the purpose of this requirement, the size of a vehicle shall be equal to the size of the parking stall required by this chapter. The Township may require the submittal of a traffic analysis to determine the minimum required stacking lane length.
(2) 
Parked or waiting vehicles may not block sidewalks, internal access drives, ingress or egress points, or extend to adjoining streets.
(3) 
No storage or repair of vehicles shall be allowed within the car washing facility.
(4) 
A concrete straight curb of at least eight inches in height shall be installed around the entire perimeter of the paved area to prevent vehicles from being driven onto, or parked with any part of, the abutting grass, landscaped areas, sidewalks, streets, buildings, or adjoining property.
(5) 
Buildings shall be oriented so that open bays, particularly for self-service car washes, do not face onto adjacent streets unless screened from view or sufficient landscaping is provided to prevent overspray from blowing onto the street right-of-way.
(6) 
All washing activities shall be carried on within the building.
(7) 
Self-service vacuuming facilities (if provided) shall be provided at the entrances to each bay for use by the stacked vehicles. If additional self-service vacuum, shampoo, fragrance, or other such facilities are provided, they shall be located in areas outside stacking lanes and areas needed for access to other facilities within the site. An area the size of the parking stall required by this chapter shall be reserved adjacent to each station. All vacuuming stations shall include an integrated or adjacent trash receptacle, and shall be located at least 50 feet from adjacent residentially zoned or used property.
(8) 
Sufficient space shall be provided on the subject lot so that vehicles do not enter or exit the car wash building directly from an adjacent street. All maneuvering areas, stacking lanes, and exit aprons shall be located on the same parcel as the car wash building or facility. A sufficient distance shall be maintained between the exit door of the car wash building to the nearest exit driveway to permit adequate time for excess water to drip off the vehicle prior to exiting to street rights-of-way. Additional devices, such as rumble strips, mechanical dryers, etc., may be proposed to lessen the required distance, upon approval by the Township. Under no circumstances shall the use be permitted to cause or contribute to icing problems on adjoining or adjacent streets.
(9) 
One parking stall for each employee on the largest shift, plus one additional stall, or a minimum of two stalls shall be provided. The required parking stalls shall not be part of, or interfere with, access to the car wash building or other related facilities. The parking stalls shall be designed to permit access to and from the stalls assuming all required stacking lanes and other areas reserved for vacuuming or other activities are occupied.
C. 
Cluster subdivision.
(1) 
Purpose. The cluster subdivision is intended to encourage the development of single-family detached neighborhoods in a manner that considers and ultimately preserves the natural and environmental limitations and assets of the Township and fosters preservation of open space or agriculture.
(2) 
Permitted principal uses. Single-family dwellings and accessory structures.
(3) 
Lot bulk standards.
(a) 
Minimum lot size: 6,500 square feet.
(b) 
Minimum front yard: 20 feet.
(c) 
Minimum rear yard: 30 feet; 10 feet for accessory structures.
(d) 
Minimum side yard: minimum of 15 feet on both sides with neither less than five feet.
(e) 
Minimum lot width: 60 feet.
(4) 
General bulk and open space standards.
(a) 
Maximum density: three units per acre in the A-1 District, four units per acre in the R-1 District.
(b) 
A minimum of 35% of the cluster subdivision shall be preserved as open space through one or more of the following methods; open space shall be platted and designed to preserve environmentally sensitive areas and wooded hillsides and may also serve to protect and encourage agriculture within the Township:
[1] 
As a separate lot maintained by a homeowners' association or conservation organization with protective covenants, in favor of the Township and acceptable to the Township Solicitor, ensuring its preservation as open space. Playgrounds or similar recreational facilities intended for the use of the residents of the cluster subdivision are also authorized within the subdivision.
[2] 
As a separate lot used for agricultural purposes, that may include a single-family dwelling, provided that sufficient covenants, in favor of the Township and acceptable to the Township Solicitor, ensuring continued compliance with the standards of this section, are recorded. The lot must meet the minimum requirements for agricultural use, and said use shall be subject to the standards for agricultural use otherwise required by this chapter.
[3] 
As conservation easements over environmentally sensitive areas or areas used for trails or pedestrian connections, in favor of the Township and acceptable to the Township Solicitor.
[4] 
As one separate estate lot used for one single-family dwelling with protective covenants, in favor of the Township and acceptable to the Township Solicitor, ensuring its preservation as one lot.
(c) 
The entire site for the proposed development plan shall be owned or controlled by the developer and/or landowner.
(d) 
The cluster subdivision shall include at least five units within each phase of the development.
(e) 
Other than one estate lot, as authorized by this section, all lots shall front on and access streets platted within the cluster subdivision.
D. 
Gas or service station.
(1) 
All repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
(2) 
All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.
(3) 
All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public or private right-of-way.
(4) 
Where supplemental retail service is proposed, off-street parking shall be provided as required for retail in addition to service station standards.
(5) 
Supplemental retail service space shall not exceed 2,000 square feet.
(6) 
Gasoline pump islands and canopies shall not encroach upon the front yard setback of the zoning district in which they are located.
(7) 
All fuel, oil and similar substances shall be stored at least 25 feet from any property line.
E. 
Hobby farm.
(1) 
All activities and livestock shall be constrained by a fence which otherwise meets the requirements of this chapter within an area a minimum of 20 feet from adjoining property lines.
(2) 
No structure housing operations of the hobby farm shall be placed within the required front yard.
(3) 
Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from any property line.
(4) 
Adequate provisions shall be made to contain all poisonous or obnoxious odors or fumes.
F. 
Planned residential development. Planned residential development is established to supplement zoning in order to encourage innovations in residential development, pursuant to the standards herein and the procedures specified in the Pennsylvania Municipalities Planning Code, Act 247, as amended December 21, 1988.[1]
(1) 
The application process for approval of planned residential development shall be consistent with Act 247, as amended, and shall consist of the following steps:
(a) 
An application for tentative approval shall be filed by or on behalf of the landowner.
(b) 
The Planning Commission shall review the application and shall make recommendations to the Board of Supervisors.
(c) 
Within 60 days after filing of the application, a public hearing shall be held by the Township Supervisors.
(d) 
Within 60 days following conclusion of the public hearing or within 180 days after the date of filing of the application, whichever occurs first, an official written communication shall be transmitted to the landowner which either:
[1] 
Grants tentative approval;
[2] 
Grants approval, subject to conditions; or
[3] 
Denies approval.
(e) 
Tentative approval shall not qualify a plat for recording nor authorize the issuance of any permits.
(f) 
Following tentative approval, an application for final approval may be submitted for the entire development site or incremental parts thereof.
(g) 
Public hearings on applications for final approval shall not be required, provided the application is in compliance with the tentative plan previously given approval.
(h) 
The Township Supervisors shall act on the application for final approval within 45 days from the date of the regular meeting of the governing body next following the date the application is filed; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
(2) 
The application for tentative approval shall include the following:
(a) 
A location map of the site at a scale no smaller than one inch equals 100 feet, showing boundaries, road systems and land uses within 1/2 mile of the site perimeter.
(b) 
A site plan of the project which shall define the location of proposed uses; state the acreage by proposed use; show density of dwelling units; include street system plans for traffic and vehicular parking; include plans for sewage disposal system, stormwater and other utilities; delineate the location of recreation facilities, open spaces and site amenities; and show proposed lot lines and plat designs.
(c) 
Additional documentation shall include the following: the form of organization proposed to own and maintain common facilities and open space; the substance of covenants, grants of easements or other restrictions to be imposed; a written statement by the landowner or developer setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest, specifically those criteria set forth in Subsection F(11) of this section.
(d) 
Application elements cited in Subsection F(2)(a) and (b) above shall be prepared by a registered landscape architect, architect or civil engineer.
(e) 
Any and all other reports, specifications, and plat details as required by Chapter 350, Subdivision and Land Development, as otherwise applied to preliminary subdivision approval.
(f) 
Fees as required by the Township Fee Schedule.
(3) 
Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval. Additionally, any and all other reports, specifications, and plat details as required by Chapter 350, Subdivision and Land Development, as otherwise applied to final subdivision approval shall be required. Fees as required by the Township Fee Schedule[2] shall be submitted.
[2]
Editor's Note: The fee schedule is on file in the Township offices.
(4) 
The following requirements shall govern the approval and development of planned residential developments in the Township of Fallowfield.
(a) 
The minimum land area for a planned residential development shall be 25 contiguous acres in the A-1 and R-1 Districts and 10 contiguous acres in the R-2 District.
(b) 
The developer shall provide within the planned development a sanitary sewage disposal system, which shall be of sufficient size and design to collect and dispose of all sewage from all present and projected development in the planned development, and shall be constructed and maintained in conformity with the statutes and regulations of the State Department of Environmental Protection and all local regulations.
(c) 
The developer shall provide, within the planned development, a storm drainage system which shall be sufficient to dispose of all surface water runoff within the development.
(d) 
Water service from a certified public utility water system shall be supplied to each structure and facility to be erected in the development. Evidence of a commitment from said utility shall be supplied to the Township Supervisors consistent with Article VII of Act 247, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10701 et seq.
(5) 
Permitted uses. A building may be erected or used, and a lot may be used or occupied for any of the following purposes:
(a) 
Single-family detached dwelling.
(b) 
Townhouse units upon and as an incentive to meeting the standards of § 400-52 of this chapter.
(c) 
Multifamily dwellings (not to exceed three stories in height), upon and as an incentive to meeting the standards of § 400-54Z.
(d) 
Public or private park or recreation which may include golf courses, swimming pools, tennis courts, ski slope, toboggan run, ice-skating rink, and similar uses approved by the Township Supervisors.
(e) 
Duplex dwelling units.
(f) 
Institutional uses as classified in the Use Authorization Table, Table 2[4] of this chapter.
[4]
Editor's Note: Said table is included as an attachment to this chapter.
(g) 
Group residential facilities which are integral to and associated with the remainder of the planned residential development as an age-restricted community in accordance with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended.
(6) 
Within a planned residential development, the following percentages of the total land area and uses shall be devoted to the specified uses listed herewith:
(a) 
A maximum of 75% for residential use; land devoted to residential use shall be deemed to include housing sites and streets, parking areas, private open spaces and courts that abut and service residences or group of residences. Within the A-1 and R-1 Zoning Districts, a minimum of 60% of all dwelling units shall be comprised of single-family or duplex units. Within an age-restricted community, 35% of all dwelling units shall be single-family or duplex units, wherein one dwelling unit shall equal the capacity of four residents within an authorized group residential facility for purposes of determining the minimum proportion of the remaining units.
(b) 
A minimum of 25% for open air recreational uses and other usable open space. "Usable open space" shall be defined as open areas designed and developed for use by the occupants of the development for recreation and related leisure purposes. These spaces shall be readily accessible, and effectively separated from automobile traffic and parking.
(c) 
A minimum of 60% of all environmentally sensitive areas shall be preserved as such and shall be included within the common open space of the development or otherwise preserved by covenants in favor of the Township.
(7) 
Residential density shall not exceed six dwelling units per gross acre of land within the development.
(a) 
There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width, except as specified below.
(b) 
Every dwelling unit shall have access to a public street, court, walkway or other area dedicated to public use.
(c) 
Townhouse structures and multifamily structures. No structure or group of related structures shall be erected within 30 feet of any other structure or group of structures.
(d) 
There shall be a yard setback of at least 40 feet along the perimeter of each planned residential development tract and adjacent to all existing adjoining roads.
(e) 
No structure shall exceed three stories in height.
(f) 
There shall be no continuous structure of townhouses containing more than six dwelling units.
(g) 
Single-family and duplex dwellings shall be subject to a minimum five-foot side yard setback and twenty-five-foot rear yard setback with accessory structures permitted within 10 feet of the rear lot line. The preceding shall also be subject to minimum lot size of 6,000 square feet and lot width of 45 feet.
(8) 
Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications.
(9) 
In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default the Township may assume control and the resulting costs may be accessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes (Act 247, as amended).[5]
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(10) 
The dimensions and construction of roads and parking areas within the development, whether or not dedication to the Township is contemplated, shall conform with all applicable Township ordinances and regulations.
(11) 
Tentative plan approval criteria. The Board of Supervisors shall grant approval of a tentative planned residential development, provided that the plan meets the following criteria:
(a) 
The tentative plan complies with all applicable purposes, standards, criteria and conditions of this section and this chapter, preserves the community development objectives of this chapter.
(b) 
Where the tentative plan departs from this chapter and Chapter 350, Subdivision and Land Development, regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare.
(c) 
The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of proposed residential development.
(d) 
The physical design of the tentative plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment. The tentative plan organizes vehicular ingress, egress and parking to minimize traffic congestion in the surrounding neighborhood.
(e) 
The total environment of the tentative plan is harmonious and consistent with the neighborhood in which it is located. The tentative plan is sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds within the development and to the buildings and grounds of adjacent properties. The tentative plan shall, to the fullest extent possible, preserve the scenic, aesthetic and historic features of the landscape.
(f) 
The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter and Chapter 350, Subdivision and Land Development, which would otherwise apply.
(g) 
The tentative plan will be fully served by public utilities, public water systems, and a public sewer system or community sewage system, without reducing the level of service to the remainder of the Township.
(h) 
The tentative plan shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other lot or persons.
(i) 
In the case of a tentative plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
(12) 
Where not otherwise specified in this section, planned residential development shall be subject to all approval criteria, procedural requirements, modification standards, and enforcement remedies as set for in the Municipalities Planning Code, Act 247, as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Added 1-27-2016 by Ord. No. 224]
Where referenced by other sections of this chapter, the following standards shall apply in addition to standards otherwise applicable under this chapter.
A. 
Townhouses. Groups of townhouses shall meet the following standards applied to the front facades of the structures facing the front yard and to all of those to which the primary entrance to the building faces when applied to units commonly referred to as "triplex" or "quads." A minimum of two of the following shall be required for each unit and shall vary from each adjoining unit.
(1) 
Offset in the front wall of the building of at least two feet.
(2) 
Front porch with varying roof style or offset of at least two feet from the adjoining unit porch.
(3) 
Change in building facade treatment applied to at least 40% of the building facade of each unit.
(4) 
Change in roof pitch or design.
B. 
Group residential and nonresidential principal structures.
(1) 
Building facades shall utilize finished materials that incorporate architectural design elements to create continuity with adjacent buildings on the site.
(2) 
Building facades that are viewable from a public street shall consist of a combination (minimum of two) of horizontal and vertical breaks including, but not limited to, the following:
(a) 
A vertical architectural element.
(b) 
Building recesses, offsets or projections.
(c) 
Texture and/or material change.
(d) 
Architectural banding.
(e) 
Variation in roofline.
(f) 
Contrasting window framing or shutters.
(g) 
Awnings.
(h) 
Canopies or porticos.
(i) 
Overhangs.
(j) 
Arcades.
(k) 
Peaked roof forms.
(l) 
Arches.
(m) 
Architectural details such as tile work and molding integrated into the building structure and design.
(n) 
Equal or similar design feature.
(3) 
Building facades that are viewable from a public street shall utilize natural building materials such as brick, stone, glass, wood and similar materials.
(4) 
Building facades that are viewable from a public street shall have an articulated break at least every 30 feet, measured horizontally.
(5) 
Mechanical equipment designed to be located on the roof of a structure must be screened with typical building materials approved by the Zoning Officer.