Township of Birmingham, PA General Regulations

Topsoil or sod may be removed only under the following conditions:

As part of the construction or alteration of a building or the grading incidental to such building.

In connection with normal lawn preparation and maintenance on the lot from which such topsoil or sod is removed.

In connection with the construction or alteration of a street.

Sod farming is permitted in the R-A, Residential-Agricultural; A-RT, Agricultural-Residential Transition; R-1, Residential; and R-2 Residential Zoning Districts in accordance with principles of good farming practice.

[Amended 10-4-1999 by Ord. No. 99-08[1]]

Editor's Note: This ordinance also repealed former Subsection B, Clay, sand and mineral excavation, which immediately followed this subsection.

§ 122-97 Slope controls.

Use regulations. The following uses are the only uses permitted in the areas where the grade of a slope exceeds 25%:

Parks and outdoor recreational uses shall be permitted, so long as their activities do not conflict with the use of the land as a watershed.

Tree farming, forestry and other agricultural uses when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

When authorized by the Zoning Hearing Board subject to the provisions of Article XXI and the use, area and bulk, and design standard regulations for the district in which the lot lies, single-family dwellings or a portion thereof may be constructed on a slope whose grade exceeds 25%, if the building is constructed in such a manner which does not substantially alter the existing grade and natural soil conditions. In addition, the applicant shall supply the following:

A site plan of the property indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction.

A landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls and ground cover, as well as trees and ornamental shrub locations.

Architectural plans, elevations and sections.

A statement prepared by a registered architect stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds and preventing soil erosion.

Grading and erosion control. During the preparation for installation and use of areas coming under this control, the developer shall meet the requirements specified in § 122-96 of this chapter and relevant sections of Chapter 103, Subdivision and Land Development, with regard to soil removal, grading and erosion control.

§ 122-97.1 Riparian buffer protections.

[Added 12-21-1998 by Ord. No. 98-16]

Use regulations. The following uses, which must be conducted in compliance with Subsections B, C and D below, are the only uses permitted within riparian buffer areas:

Trails, so long as the location thereof does not conflict with the primary purpose of riparian buffer areas to protect streambanks, water quality, natural habitat and scenic vistas.

Open space areas within cluster developments and planned residential developments.

Undisturbed wooded or meadow areas not used for agriculture within farmside village developments.

Undisturbed yard areas within individual lots or tracts of land.

Resource protection.

Restrictions. All riparian buffer areas shall be preserved in their natural states. Specifically:

There shall be no regrading or disturbance of land (including, but not limited to, regrading to construct stormwater management basins);

There shall be no agricultural uses nor removal of vegetation within riparian buffer areas, except for the purpose of reestablishing permanent vegetation in order to control erosion and prevent sedimentation of the adjacent watercourse; and

When riparian buffer areas are included within lots or tracts of land (rather than being included within common open space areas of a development), riparian buffer areas shall be deed restricted against construction of any structures therein and against any earthmoving activities or removal of vegetation, except as hereinabove provided. Such restrictions shall be noted on the recorded subdivision plan and shall be included within a master declaration of covenants and restrictions for the development or within the deeds for individual lots.

Preservation of woodlands. Existing woodlands within riparian buffer areas shall be preserved and maintained; owners of nonwoodland areas within riparian buffers are encouraged to permit such areas to be reforested. Open areas may, however, at the option of the owner, be maintained as meadow, with no earth disturbance.

Impervious cover. No impervious coverage shall be permitted within riparian buffer areas.

Exceptions. These riparian buffer regulations shall not apply to stream crossings by new roads and new driveways necessary to service lots within a subdivision or structures within a land development, nor to stormwater pipe, swales or outlet structures necessary to convey stormwater across a riparian buffer area to watercourse. In such situations, however, the extent of earthmoving and paving within riparian buffer areas shall be minimized, as approved by the Township Engineer, and all disturbed areas shall be revegetated as soon as practicable.

§ 122-98 Reduction of lot.

No lot shall be so reduced that the area of the lot or dimensions of the yards shall be smaller than herein prescribed.

§ 122-99 Physical performance requirements.

No land, building, structure or premises in any district shall be used, altered or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects; or other substance, condition or element in any manner or amount as to adversely affect the surrounding area. The following specific performance standards shall be applicable to all uses:

Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices, as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code and other applicable ordinances adopted by the Township.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Smoke, ash, dust, fumes, vapors and gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania air pollution control laws, including the standards set forth by the Pennsylvania Department of Environmental Protection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Liquid and solid wastes. There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Glare. No direct or sky-reflected glare, whether from spotlights, floodlights, searchlights or other sources shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.[1]

Editor's Note: Former Subsection G, Noise, was repealed 9-22-1997 by Ord. No. 97-11. See now Ch. 79, Peace and Good Order; Noise. This ordinance also provided for the relettering of former Subsections H and I as Subsections G and H, respectively.

Farm operations. Provided that a farm operation or agricultural use shall be in compliance with applicable district regulations and §§ 122-93 and 122-94 hereof and shall further be in compliance with all applicable regulations of the Department of Environmental Protection, whether or not referred to in this chapter, such operation or use shall be exempt from performance standards related to noise and odor.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 122-100 Swimming pool regulations.

[Added 4-16-1990 by Ord. No. 90-3]

The following apply in all zoning districts:

Fencing requirements.

Every swimming pool presently existing or hereafter constructed shall be completely enclosed by a fence having a height of not less than four feet and not more than six feet which shall be equipped with a self-locking gate so as to keep out unauthorized persons and stray animals and to protect children.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The fence shall be constructed of wire, wood or other material with no aperture (except the gate) larger than 16 square inches and shall be subject to the approval of the Zoning Officer.

The fence shall be constructed in compliance with the most current building codes as adopted by the Township which may provide more stringent requirements than set forth above and below.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Applicability.

These regulations shall not apply to swimming pools more than four feet above grade, provided that such pools are equipped with removable steps or ladders which steps or ladders shall be removed when the pool is not in use.

These regulations shall not apply to natural ponds, man-made farm pools, stormwater retention basins and natural waterways, such as streams.

Owners of premises improved with swimming pools are hereby afforded 90 days from the effective date of this chapter within which to comply with the fencing requirements hereby mandated.

§ 122-101 Keeping of animals other than customary household pets.

[Added 3-3-1986 by Ord. No. 86-01; amended 6-21-1993 by Ord. No. 93-06]

On any lot in any zoning district in which farm buildings are permitted as accessory buildings or uses, horses and ponies, cows, beef cattle, swine, sheep, goats and/or poultry may be kept for educational, recreational or domestic purposes in accordance with the following standards and regulations:

Maximum number of animals.

Horses and ponies, cows, beef cattle, sheep, goats or swine. For the first such animal, there shall be a minimum lot area of three acres, and for each additional animal there shall be at least 1/2 acre of additional lot area.

Poultry other than chickens. For a flock of poultry other than chickens not exceeding 10 in number, there shall be a minimum lot area of two acres. For each additional group of 10 (or part thereof), there shall be at least one acre of additional lot area. The lot area requirements for poultry other than chickens shall be in addition to the lot area requirements for the animals listed in Subsection A(1) above.

Chickens. Not more than three chickens may be considered as domesticated animals in the nature of pets. For a flock of four to 10 chickens, there shall be a minimum lot area of one acre. For each additional group of 10 or part thereof, there shall be at least one acre of additional lot area. The lot area requirements for chickens set forth in this subsection shall be concurrent with the lot area requirements for animals set forth in Subsection A(1) and (2) hereof, where applicable.

Domesticated animals other than household pets not specifically referred to in Subsection A(1), (2) and (3) shall be subject to the standards set forth in Subsection A(1) hereof. Animals not generally considered domesticated or customary household pets shall not be kept in any zoning district. For purposes of this section, the term "customary household pets" shall include dogs up to a maximum of four adults, cats up to a maximum of four adults, any number of fish and any number of caged birds.

The property owner maintaining animals authorized in Subsection A above shall provide a permanent shelter adequate to protect all animals kept on the property and shall properly satisfy sanitation, food and water requirements of such animals. All animal shelters shall be set back at least 100 feet from the lot line. In addition, there shall be a suitable fenced or enclosed area serving to prevent animals from straying or running loose. Said fencing or enclosure shall be placed at a distance not less than six feet from any lot line.

§ 122-102 Design standards.

Parking.

Off-street parking regulations for other than single-family residential use.

Standards.

Off-street parking spaces, with proper and safe access from a street, shall be provided on each lot, either within a structure or in the open, to serve the uses within the district adequately.

Parking spaces for each vehicle shall be at least 9 1/2 feet by 18 feet in size. Parking spaces shall have an approved all-weather surface and shall have a safe and convenient access in all seasons.

Parking lots for over 20 vehicles shall be so divided by permanent raised curbing that access lanes are clearly defined and that moving traffic will be confined to designated access lanes.

Off-street parking spaces must be provided on the lot for which they are intended, unless satisfactory evidence is presented to the Zoning Officer that an agreement exists which provides for sufficient permanent off-street parking spaces on another lot.

Parking spaces shall not be located within front yard areas, subject to the provisions of § 122-102B(4).

[6]

Parking areas shall be landscaped in accordance with § 122-102C, or, as to PRD uses, in accordance with § 122-67E(18).

[7]

Any parking for five or more vehicles on a lot which abuts a residence district or a lot used for residence purposes, whether single-family or multifamily, shall be screened from the adjacent property by a buffer planting strip not less than 20 feet in width and meeting the requirements of Subsection D.

[8]

Aisles serving parking spaces shall be a minimum of 24 feet for back-to-back double-bay parking and 18 feet for single-bay ninety-degree parking.

Requirements. There shall be sufficient parking places provided for each use so that there is a minimum of one place for each employee on the shift of greatest employment, plus additional parking places to be provided by the application of the appropriate formula listed below for each use:

Golf course: three parking spaces for each tee.

Park, riding academy, fox hunting club or other outdoor recreational use: variable, depending upon proposed intensity of use, subject to approval of the Board of Supervisors.

Elementary school: one parking space for every 20 students, plus one parking space for each 10 fixed seats or 100 square feet of floor area in an auditorium or gymnasium.

All other schools: one parking space for each 10 students, plus one parking space for each 10 fixed seats or 100 square feet of floor area in an auditorium or gymnasium.

Offices, financial institutions and government offices: one parking space for each 500 square feet of floor area.

[6]

Laboratory or research facilities: sufficient parking to accommodate visitors, subject to approval of the Board of Supervisors.

[7]

Wholesale sales, storage or distribution: one parking space for each 1,000 square feet of floor area.

[8]

Gift, art, craft and antique shops, food stores and pharmacies: one parking space for each 100 square feet of sales area.

[9]

Personal service shops and other retail stores: one parking space for every 200 square feet of floor area that is used for retail sales or personal services.

[Amended 4-5-2010 by Ord. No. 10-01]

[10]

Eating and drinking establishments: In lieu of requirements as set forth above with respect to parking for each employee on a shift of greatest employment, plus additional parking spaces, the following parking requirements for categories of eating and drinking establishments are hereby established on the basis of the gross square footage of the establishment, irrespective of the number of employees and irrespective of the number of seats within the establishment.

[Amended 10-18-1993 by Ord. No. 93-07; 9-3-1996 by Ord. No. 96-10]

Fast-food restaurant: 2.0 parking spaces for each 100 square feet of gross floor area.

High-turnover (sit-down) restaurant tavern: 4.0 parking spaces for each 100 square feet of gross floor area devoted to bar space, lounge area and/or waiting area, plus 1.4 parking spaces for each 100 square feet of all remaining gross floor area exclusive of the floor area devoted to bar space, lounge area and/or waiting area.

[c]

Quality restaurants: 1.8 parking spaces for each 100 square feet of gross floor area.

[11]

Motels: one parking space for each guest room.

[12]

Supermarkets: one parking space for each 100 square feet of sales area.

[13]

Gasoline service station: two parking spaces for each pump.

[14]

Public places of amusement: one parking space for each four seats and/or 50 seats square feet of floor area.

[15]

Undertaking establishments: sufficient parking to accommodate proposed use, subject to approval of the Board of Supervisors.

[16]

Automobile sales: one parking space for every 800 square feet of floor area devoted to the sale of automobiles, plus one space for every vehicle that is proposed to be stored on the lot as inventory parking.

[Amended 4-5-2010 by Ord. No. 10-01]

[17]

Newspaper publishing, job printing and all other commercial uses: one parking space for each 500 square feet of floor area.

[18]

Hospital, sanatorium, nursing or convalescent home or home for handicapped individuals: one parking space for each three beds for patient use.

[19]

Retirement community: one parking space for each dwelling unit, plus one additional parking space for each three beds for patient use.

[20]

Mineral extraction or mining operation: five parking spaces.

[Added 6-18-2001 by Ord. No. 01-08]

[21]

Automobile service: two parking spaces per service bay. The two parking spaces per bay are in addition to any spaces that are provided in the service bay.

[Added 4-5-2010 by Ord. No. 10-01]

[22]

Car washes:

[Added 4-5-2010 by Ord. No. 10-01]

Nonautomated: two parking spaces per bay, plus three stacking spaces per bay. One parking space provided in the service bay may be counted towards the required parking spaces.

Automated/tunnel: 15 stacking spaces per tunnel, which must be outside of the tunnel.

Off-street parking regulations for single-family residential use. A minimum of two parking spaces with proper and safe access from street or alley shall be provided on each lot, either within a structure or in the open, to serve the dwellings within the district adequately. Driveways shall be so constructed as to permit vehicles to turn around on the lot, so as to eliminate the necessity of backing either on or off the lot. Parking space for each vehicle shall be at least 9 1/2 feet by 18 feet in size. Parking spaces shall have an approved gravel or other all-weather surface and shall have a safe and convenient access in all seasons. Driveways, other than common driveways as approved by the Board of Supervisors, shall be constructed so that the surface or cartway of the driveway shall be no closer than five feet from any adjacent property line and be constructed in accordance with the requirements for driveways in the Subdivision and Land Development Chapter, § 103-28.

[Amended 8-7-2000 by Ord. No. 00-14]

Access and highway frontage. In order to minimize traffic congestion and hazard, control street access in the public safety and encourage development of street or highway frontage:

Where a subdivision or land development will include one or more proposed local streets and it is feasible to provide access from a lot to a proposed local street, no lot within a residential subdivision shall have direct access from its driveway (whether an individual or common access driveway) to an existing arterial, collector or rural street within the Township.

[Amended 3-7-1991 by Ord. No. 91-02]

Where lots are created having frontage on existing arterial, collector or rural roads within the Township, the subdivision street pattern shall provide reverse-frontage access to a local street within the subdivision, rather than access to the arterial, collector or rural road, and all such lots shall be provided with a minimum rear yard of 80 feet from the street line of any arterial, collector or rural roads.

All lots radiating from a cul-de-sac shall have a minimum of 20 feet of frontage at the street right-of-way line.

No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway, unless separated from the street or highway at least five feet by a raised curb, barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways to any one public street or highway for each 500 feet of frontage. Where practical, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. No such accessway shall be more than 35 feet in width.

All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.

No parking, loading or service area shall be located within front yard setback areas in the Highway-Commercial (C-1) District, except that where this restriction is clearly impractical, the Zoning Hearing Board may authorize parking, loading or service areas therein. In no case, however, shall the distance between the street right-of-way line and such areas be less than 20 feet.

Landscaping.

Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan, prepared by a registered landscape architect.

An area not less than 10% of the paved area of a proposed parking area shall be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the required parking area landscaping.

All mechanical equipment not enclosed in a structure shall be fully and completely screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Township.

Planned residential developments, in addition to these requirements, shall comply with the specific standards set forth in § 122-67E(18) of this chapter.

General regulations for landscaping standards. All uses shall comply with the following landscaping requirements which are required in and around off-street parking areas and loading areas in order to provide a visual and acoustical buffer for adjacent properties, to provide a visual buffer for adjacent streets, to define traffic routes and pedestrian paths through parking areas, to control erosion, to slow and filter stormwater runoff and to moderate microclimatic effects.

[Added 7-5-2000 by Ord. No. 00-10]

Functions of parking-lot and loading area landscaping. Landscaping of parking lots and loading areas shall perform certain functions depending upon its arrangement and the type of space occupied, as described below. Aesthetic considerations are important to these functions. Where screening is required, such screening needs to be opaque and must be of sufficient density and height to obstruct casual observation.

Perimeter of area abutting street. Landscaping materials so located shall visually define the parking area, shall emphasize points of ingress and egress to and from the street and shall visually screen the parking or loading area from the street so that headlights shining into or out of the area will not affect other drivers. Effectiveness of this landscaping may be enhanced by earthen berms.

Perimeter of area abutting other properties. Landscaping materials so located shall provide a windbreak trapping trash and dust and a visual and acoustical buffer for adjoining properties. When parking or loading areas abut a residential use or property zoned for such use, a dense screen of living matter, designed to be an effective screen, shall be provided and maintained to a minimum height of six feet from the ground at time of planting. Earthen berms may be used to enhance the effectiveness of landscaping elements.

Landscaping within the interior of the parking areas. Landscaping located within parking areas shall be designed to promote pedestrian safety by defining walkways, to enhance driver safety by defining traffic lanes and discouraging cross-lot taxiing, to act as a windbreak trapping trash and dust, to provide shade, to reduce stormwater runoff, and to enhance the appearance of the parking area. Interior landscaping shall be designed to preserve sight distances and not obstruct the vision of motorists or pedestrians, and shall in no way create a hazard to safety.

Applicability and standards of landscaping.

Perimeter landscaping. Perimeter landscaping along abutting properties shall be required for all off-street parking areas with more than five parking spaces and for all loading areas, regardless of size.

Interior and perimeter landscaping. Interior landscaping and perimeter landscaping along abutting properties and public or private streets shall be required for all off-street parking areas with more than 15 parking spaces abutting a residential zone or use.

Suitable landscaping in compliance with the requirements of this subsection shall be provided along the periphery of parking areas, parking garages and loading spaces where they abut streets, public spaces and residential districts.

The selection, amount and location of all landscaping materials shall be subject to approval by the Supervisors as part of the subdivision and/or land development plan, based upon considerations of the adequacy of the proposed landscaping to serve its intended purpose with minimal maintenance problems, including plant care, snow plowing and leaf removal.

Sight distance. No landscape elements or other objects may obstruct vision above the height of two feet and below 10 feet measured from the center-line grade of the driveway and an intersecting street. A clear sight triangle, as defined in § 103-6 of this Code, at the intersection of the driveway and the street shall be determined in accordance with the Pennsylvania Department of Transportation's Publication No. 201 (current issue), entitled "Engineering and Traffic Studies."

Permitted landscaping materials. Landscaping materials intended to form a screen shall create a continuous, reasonably dense, although not necessarily opaque, screen, adequate to obstruct casual observation to a minimum height of six feet at the time of planting. All landscaping shall be in place upon any occupancy of the facility served by the parking area.

Nonliving material. The following materials are permissible as landscape elements: stones, pebbles, sand, woodchips or other decorative mulch, water, art. Under no circumstances shall artificial plants or bare earth be considered landscape elements.

Nonliving buffers. Fences, walls and earthen berms, preferably covered with plant material, may be partially used as buffers. In passing upon a subdivision or land development plan, the Board of Supervisors may reject such nonliving buffers as it may deem to be incompatible with the function of landscaping.

[c]

Living materials. All living materials used for parking and loading area landscaping shall be appropriate for this climate, hardy, long-lived, salt tolerant, heat tolerant, pollution resistant, and require low maintenance. The following requirements shall apply:

[i]

Grasses. All grasses used for landscaping must be indigenous to the area or well-suited to this area. Hydroseeding is an adequate method of application in most areas; swales and slopes in excess of 15% must be sodded.

[ii]

Shrubs. Flowering, ornamental shrubs shall be preferred (but not required) for their ornamental effect. Thorn bushes are discouraged except in areas where security is a concern, and should be arranged to ensure against causing damage to vehicles or injury to pedestrians. Flowering shrubs should be sufficiently mature at time of planting to flower by the first season following planting.

[iii]

Trees. Specimens used in parking areas shall provide moderately dense shade in summer. Species with large leaves which could clog drains shall be avoided. Species that are brittle, disease-prone, have low, spreading brachiation or shallow root systems, which drop large fruit or much sap or which are otherwise messy shall also be avoided. Except for trees native to the site being retained, all trees shall be healthy nursery stock with a minimum caliper of three inches three feet from the ground and shall be planted no closer than eight feet from the cartway at the average interval of 15 feet per street side. Shade trees shall be provided along all streets where there are no existing healthy shade trees complying with this subsection. Existing healthy trees shall be retained in accordance with Chapter 53, Erosion and Sediment Control, of the Code of the Township of Birmingham.

[iv]

Any tree or shrub which dies within one year of planting shall be replaced. Any tree or shrub which, within one year of planting or replanting, is determined by the Board of Supervisors not to have survived or grown in a manner characteristic of its type shall be replaced.

[v]

The following trees are recommended for use in parking areas and loading areas:

Common Name	Botanical or Scientific Name
White Ash	Fraxinus americana
Green Ash	Fraxinus Pennsylvanica lanceolata
Ginkgo (male)	Ginkgo biloba
Thornless honey locust	Gleditsia triacanthos
Eastern red cedar	Juniperus virginiana
Sweetgum (male)	Liquidambar styraciflua
Black cherry	Prunus serotina
Littleleaf linden	Tilia cordata; Tilia europaea
Japanese zelkova	Zelkova serrata
Pin oak	Quercus palustris
Willow oak	Quercus phellos

[vi]

The following trees are unsuitable for use in parking areas and loading areas and are discouraged from such use:

Common Name	Botanical or Scientific Name
Maple (all varieties)	Genus Acer
Birch (all varieties)	Genus Betula
Chestnut (all varieties)	Genus Castanea
Euonymous (all varieties)	Genus Euonymous
Walnut (all varieties)	Genus Juglans
Poplar (all varieties)	Genus Populus
Oak (all other varieties)	Genus Quercus
Willow (all varieties)	Genus Salix
Hemlock (all varieties)	Genus Tsuga
Speckled alder	Alnus incana
Hawthorn	Crataegus coccinea
Ginkgo (female)	Ginkgo biloba
Tulip tree	Liriodendron tulipfera
White pine	Pinus strobus
Sycamore, London plane tree	Platanus acerifolia
Mountain ash	Sorbus aucuparia
American elm	Ulmus americana
Sweet gum (female)	Liquidambar styraciflua

[vii]

The evergreen trees below are most suitable for buffering and perimeter landscaping, but may not be appropriate for other parking area landscaping:

Common Name	Botanical or Scientific Name
Norway spruce	Picea abies
Austrian pine	Pinus nigra
White pine	Pinus strobus
Oriental arborvitae	Thuja orientalis
Canadian hemlock	Tsuga canadensis
Carolina hemlock	Tsuga caroliniana

Maintenance provisions.

The owner of the facility served by parking, loading or other regulated areas shall be responsible for the continual maintenance of these landscaping materials in a healthy and attractive condition. Dead and pruned plant material and debris shall be routinely removed or within 30 days of a directive to do so issued by the Township Codes Enforcement Officer.

Any part or portion of a site which is not used for buildings or other structures, loading or parking spaces and aisles, sidewalks or designed storage areas shall be planted and continually maintained with an all-season ground cover and shall be landscaped in accordance with an overall landscaped plan approved by the Board of Supervisors.

[6]

A landscape plan shall be prepared and sealed by a landscape architect registered in the Commonwealth of Pennsylvania. The landscape plan shall be incorporated as a part of the plan submitted with the subdivision or land development plan or, when conditional use approval is required, the conditional use application. The landscape plan shall be drawn to the same scale as the proposed subdivision or land development plan in blue or black ink on white print. The landscape plan shall show all existing individual specimen trees, tree masses, shrubs, water features and other natural elements of the site which are to be preserved or removed and all trees, shrubs, ground covers, lawn area, rock formations and fences which are to be installed in conjunction with the development of the land. A legend shall be provided to the plan which contains the botanical and common name of each species of tree and shrub to be installed and the quantity and size of each species of tree and shrub to be provided.

Screening.

Screening requirements shall be applicable in each instance where a use of land in Column A abuts a use of land in Column B.

A	B
Any commercial use	Any noncommercial use
Any conditional use	Any residential or agricultural use
Any use involving a structure	Any use of land situated within the H Overlay

In any such instance, the land to be used as set forth in Column A shall comply with the following screening requirements:

[Amended 4-19-2004 by Ord. No. 04-01]

The entire perimeter of the tract undergoing development (except for approved vehicular accessways) shall be provided with a minimum of a twenty-foot planting strip, which may be included in private yard space or common open space or a combination thereof based upon the criteria established herein; provided, however, that when a commercial use (which is approved by right, by special exception or by conditional use) abuts another commercial use, the Board of Supervisors may eliminate the requirement of the twenty-foot-wide planting strip along the property boundary between the two commercial uses and may require the applicant to provide a similar amount of landscaping on another part of the lot.

All existing trees in the planting strip above two inches in caliper and/or six feet in height shall be preserved, except when cutting thereof is specifically approved by the Board of Supervisors or is necessary for ensuring adequate sight distance at road intersections.

The amount, density of planting and types of plantings shall be based upon physiographic features, proximity to existing dwellings, compatibility of adjacent uses and natural views. Where adjacent property has been developed in such a manner that privacy from the proposed use is desirable, the planting strip adjacent thereto shall be of sufficient density and contain sufficient evergreen material to effectively screen the proposed use. In other areas, particularly where physiographic features and existing vegetation provide an attractive setting, the planting strip may be left in its natural state or enhanced with additional plant material of lesser density than a full screen.

No plantings shall be placed with their center closer than five feet to a property line of the tract.

Planting species shall be mixed; generally, a minimum of 25% shall be evergreen and 10% flowering material.

Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, communication towers, vents and any other structures or equipment which rise above the roofline shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Township before construction or erection of said structures or equipment.

In any case in which screening of a parking lot is required, such screening shall include appropriate planting, such as a compact evergreen hedge or a masonry wall or ornamental structure not more than four feet in height. Any such wall or similar structure shall enclose the parking lot and shall be in harmony with the general architectural design of the principal building or buildings. Required plantings shall not interfere with motorists' visibility at intersections.

In any case where a microwave dish antenna for satellite communication is installed or erected, it shall be screened from public rights-of-way and adjacent properties.

[Added 3-3-1986 by Ord. No. 86-01]

Storage. All storage shall be completely screened from view from any public right-of-way and any contiguous residential use. Screening shall consist of evergreen planting or an architectural screen. All organic rubbish or garbage shall be contained in tight, verminproof containers, which shall also be screened from view from any public right-of-way and any contiguous residential use.

Interior circulation.

Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery and other service vehicles shall be so arranged to prevent blocking or interfering with the use of accessways, automobile parking facilities or pedestrianways and to prevent backing out into a street.

No multifamily residential (including PRD) or commercial building shall be located more than 150 feet from a duly dedicated, improved and accessible fire lane easement, as defined herein, nor more than 600 feet from a duly dedicated, accessible and improved public street. If any such building is located further than 600 feet from a public street, then a subdivision plat must be filed and approved by the Board before the development plan shall be considered for approval. Fire lane easements shall have a minimum unobstructed right-of-way width of 40 feet, and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 20 feet. The extension of fire lane easements shall begin from one or more existing and improved public streets.

[Amended 6-5-1995 by Ord. No. 95-01]

Fire lane easements which curve, turn or change directions shall have a minimum radius of 55 feet at the pavement. Fire lane easements containing reverse curves shall have a minimum center-line tangent length of 50 feet between curves. Dead-end fire lane easements shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 45 feet and shall have a minimum surfaced radius of 35 feet. Dead-end fire lane easements shall have a maximum length of 400 feet. The location of fire lane easements shall conform to plans for the extension of streets, sanitary sewers, water mains, storm sewers and other drainage facilities and public utilities as contained in this chapter and other ordinances of the Township and shall provide adequate access to buildings by firefighters and other emergency services.

Lighting. Where lighting is required, lighting facilities shall comply with the standards in this section and in § 103-40 of the Code, Subdivision and Land Development.

[Amended 6-5-1995 by Ord. No. 95-01; 2-20-2001 by Ord. No. 01-03; 2-18-2003 by Ord. No. 03-02]

Control of nuisance and disabling glare.

All outdoor lighting, whether or not required or permitted by this chapter or § 103-40 of the Code, titled "Subdivision Land Development," on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create glare as viewed from a neighboring use or property.

Floodlights, spotlights and omnidirectional fixtures, regardless of whether for residential or nonresidential applications, shall be installed or aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public roadway or pedestrian way.

Lighting for commercial, industrial, public recreational and institutional uses, including but not limited to lighting for parking areas, roadways, pathways, facades, signs and landscaping, shall be extinguished by automatic means within 1/2 hour after the close of business. Where after hours lighting is requested by the applicant for safety and/or security, the Board may permit such lighting provided that the intensity of such lighting shall not exceed 50% of the intensities permitted during normal business hours.

Only the United States and state flags shall be permitted to be illuminated from dusk till dawn and each flag shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag. Flag lighting sources shall not exceed 10,000 lumens per flagpole.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and placement.

Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such lighting shall be automatically extinguished between the hours of 11:00 p.m. and dawn. The fixtures shall be designed, fitted or aimed to concentrate the light output onto and not beyond the sign or billboard.

Internally illuminated signs shall have a dark background with light lettering and graphics.

Directional fixtures, e.g., floodlights or spotlights, for such applications as facade, fountain, feature, recreational and landscape illumination, shall be aimed so as not to project their output beyond the objects intended to be illuminated, and shall be extinguished between the hours of 11:00 p.m. and dawn, except as otherwise provided for herein.

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by the FAA.

Lighting fixtures that light the area under outdoor canopies shall have flat lenses and shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element.

Compliance monitoring.

Safety hazards.

If the Township Zoning Officer finds that a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

If appropriate corrective action has not been effected within 30 days of written notification, the Township may enforce the terms of this section in accordance with § 122-114 of this chapter.

Nuisance glare and inadequate illumination levels.

If the Zoning Officer finds that a lighting installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this section, the Township may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action.

If appropriate corrective action has not been effected within 30 days of notification, the Township may enforce the terms of this section in accordance with § 122-114 of this chapter.

Nonconforming lighting.

Any lighting fixture or lighting installation existing on the effective date of this subsection that does not conform with the requirements of this chapter shall be considered as lawful nonconforming.

Unless minor corrective action is deemed by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:

It is deemed by the Township to create a nuisance or safety hazard;

It is replaced or relocated; or

The use is abandoned or there is a change in use of the property on which the area being illuminated is located.

Abatement of nuisances.

In addition to any other remedies provided in this chapter, any violation of Subsection G(1) of this section, titled "Control of Nuisance and Disabling Glare," shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

Loading. In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading berths not less than the minimum requirements specified in this section:

Location. All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two-ton capacity shall be located less than 100 feet from any residence district. No permitted or required loading berth shall be located within 50 feet of a property line. No loading facilities shall be constructed between the building setback line and a street right-of-way line or a property line.

Size. A required off-street loading berth shall be at least 14 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least 16 feet. Loading facilities shall not be constructed between the building setback line and a street line.

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to approval of the Township. They shall have all-weather surfaces to provide safe and convenient access during all seasons.

Surfacing. All open off-street loading berths shall be improved with a compacted macadam base not less than seven inches thick or equal, surfaces with not less than two inches of asphaltic-concrete or some comparable all-weather dustless material.

Repair and service. No storage of any kind nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.

Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes, except during hours when business operations are suspended.

§ 122-102.1 Temporary construction and sales offices.

[Added 4-21-1997 by Ord. No. 97-06]

The temporary location of not more than one construction trailer, two storage trailers and one sales office trailer shall be permitted on any tract during the construction and sales phase of houses or nonresidential buildings within a tract in a subdivision or land development which has been granted final subdivision or land development approval by the Board of Supervisors, subject to the following restrictions:

Permit required; renewal.

Prior to the location of any such trailer on the development tract, the applicant shall secure a temporary permit from the Zoning Officer for each such trailer, which shall be limited in time as follows:

Construction trailer: one year renewable on or before the anniversary date of issuance.

Storage trailer: one year renewable on or before the anniversary date of issuance.

Sales office trailer: six months, which shall not be renewable except for good and necessitous cause.

The Board of Supervisors shall be authorized to renew a temporary permit issued by the Zoning Officer after proof that such renewal is required. In no event shall any such construction or storage trailer permit be renewed or renewable for a period beyond the date of anticipated completion of the development, which shall presumptively be not later than the date required for the installation of the improvements for which security must be posted by the developer under Chapter 103, Subdivision and Land Development.

For purposes of these regulations:

A construction trailer is one used for on-site office space by the builder/developer from which to direct and oversee the construction of the development.

A storage trailer is one used for necessary storage of building materials that must be protected from either the elements or from theft and vandalism.

A sales trailer is one used to house a sales staff from which to market only the development then under construction on the development tract, through the use of sales brochures, models, building accessories and similar marketing information and for negotiating and completing sales contracts.

Any trailer permitted by these regulations shall remain movable at all times, and shall not be placed on a permanent foundation.

The construction trailer and the storage trailer shall be so located on the tract that they are not readily visible from any adjoining public streets. Otherwise, it shall be screened from adjacent public rights-of-way by temporary decorative fencing or other similar means. The sales trailer may be located at the entrance of the tract or any other location on the tract selected by the developer; provided, however, that the trailer shall in appearance resemble a mobile home, shall be provided with a decorative skirt to screen its under-carriage and wheels and shall be planted with temporary landscaping, as selected by the developer.

Except for one nighttime security light attached to the front and rear of each trailer, no exterior lighting shall be permitted. The pathway leading from the customer parking area to the sales trailer may be lighted with temporary low-level lighting, which shall be removed when the sales trailer is removed from the property, unless designed and installed as part of the permanent development improvements authorized by the final plan.

Unless there is no model home constructed within the development, the sales trailer shall be promptly removed from the development tract upon the Zoning Officer's determination of the substantial completion of the construction of the fifth dwelling, if a residential subdivision, or upon his determination of the substantial completion of the first nonresidential building in the case of all other development. Thereafter, if a residential development within which a model home is constructed, the sales office shall be located only in the model home or the garage area of a model home, which may also serve as a sample home for purposes of sales and marketing of the development. The space devoted to sales office use within a model home or garage area thereof shall not exceed 1,000 square feet. In the case of nonresidential development, the sales office, if any, shall not exceed 1,000 square feet in area and may be located within any portion of the nonresidential building selected by the developer. Nothing in these regulations shall preclude the location of the construction offices for the development in a model home or nonresidential building, in which case the construction trailer shall also be promptly removed from the development property not later than 10 working days after relocation of such offices.

Office hours for the sales office and model home shall be not earlier than 9:00 a.m. and not later than 9:00 p.m., Monday through Friday, and not earlier than 9:00 a.m. and not later than 5:00 p.m., Saturdays and Sundays. The on-site construction office of the developer shall not be open prior to 6:00 a.m. nor after 6:00 p.m., Monday through Saturday, and shall not be open on Sunday.

No temporary permit for either the construction trailer/office or the sales trailer/office shall be issued unless adequate sanitary sewage and water service is available for each such use.

§ 122-103 Home occupation regulations.

[Added 2-7-1994 by Ord. No. 94-01]

Where so authorized under applicable district regulations, a home occupation may be conducted as an accessory use within a dwelling unit, so long as the conduct of the home occupation does not interfere with the quiet enjoyment of neighboring residential properties by occupants of normal sensibilities and complies with the following regulations, which are intended to ensure compatibility with the residential character of the neighborhood and a clearly secondary or incidental status in relation to the primary residential use of the property within which a home occupation may be conducted.

The number of persons participating in the home occupation, in addition to the business owner and other family members of the household, shall be limited to no more than one employee on the premises at any given time.

The home occupation shall be located in the dwelling in which the business owner resides or in an accessory building on the same lot.

In the event that the business owner conducts all or a portion (such as storage) of the home occupation use within an accessory building, the accessory building shall either comply with setbacks for primary buildings under applicable district regulations and otherwise comply with applicable zoning regulations or, if nonconforming as to such setbacks, be converted to home occupation usage only by grant of a special exception by the Zoning Hearing Board.

The maximum amount of floor area which may be devoted to home occupation use shall be equal to the lesser of 25% of the square footage of the floor space of all stories, basements and cellars (excluding attics and crawl space areas) within the principal dwelling or 1,000 square feet. Floor area devoted to storage use shall be included in the calculation of allowable floor space under this subsection.

There shall be no outdoor storage of vehicles, equipment, materials or products in conjunction with the home occupation usage; provided, however, that one commercial vehicle used in the home occupation may be parked on an occasional overnight basis on the property. No commercial vehicles with more than two axles may be parked on the property.

No home occupation shall generate or allow for the parking of more than three vehicles (other than those owned by the occupants of the principal dwelling) at any one time, including the parking space occupied by an outside employee, if any. All such parking shall be accommodated off-street and shall not be within required front yard area or within 25 feet of a side or rear property line.

The home occupation shall not generate loading or unloading of products by vehicles not customarily engaged in residential deliveries, provided that other vehicles may be utilized if a loading or unloading activity takes place off-street and not within the required front yard area.

No home occupation use shall create noise, dust, vibration, smell, smoke, glare, electrical, visual or auditory interference, fire hazard or any other hazards or offensive conditions to any greater or more frequent extent than usually experienced in an average residential occupancy under normal residential use circumstances where no home occupation exists.

(9)

No goods or products for sale shall be displayed so as to be visible from outside the principal and/or, if applicable, accessory building.

(10)

No use which would otherwise be considered a home occupation under these regulations shall be exempted from regulation on the claim of the occupant that the use is a hobby rather than intended to produce income.

(11)

The appearance of the structure within which the home occupation is conducted shall not be altered in its use of colors, materials, construction, lighting or signs to accommodate or emphasize the home occupation, and the structure shall retain its residential character and appearance.

(12)

Outdoor recreational instruction as a home occupation shall not be prohibited under these regulations owing to noncompliance with the requirement set forth in Subsection B above that it must be conducted within a principal dwelling or accessory building, so long as such outdoor recreational instruction otherwise complies with these requirements and is limited to not more than three students at any one time.

(13)

No home occupation shall be commenced until all permits required by regulating authorities for such occupation have been obtained by the business owner.

When authorized under applicable district regulations, a no-impact home based business may be conducted as an accessory use within a dwelling unit so long as the conduct of the no-impact home based business does not interfere with the quiet enjoyment of neighboring residential properties by occupants of normal sensibilities and complies with the following regulations, which are intended to ensure compatibility with the residential character of the neighborhood and a clearly secondary or incidental status in relation to the primary residential use of the property within which a no-impact home based business may be conducted.

[Added 1-20-2003 by Ord. No. 03-01[1]]

The no-impact home based business shall employ no employees other than family members residing in the principal dwelling.

The business activities shall be conducted only within the principal dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

The maximum amount of floor area which may be devoted to the no-impact home based business shall be no more than 25% of the habitable floor area of the principal dwelling.

There shall be no outdoor storage of vehicles, equipment, materials or products in conjunction with the no-impact home based business.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The no-impact home based business shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The no-impact home based business shall not have any loading or unloading of products by commercial vehicles, except for carriers such as the United States Postal Service, UPS or Federal Express.

(9)

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

Editor's Note: This ordinance also redesignated former Subsections A through M as Subsection A(1) through (13).

§ 122-103.1 Bed-and-breakfast.

[Added 6-5-1995 by Ord. No. 95-01; amended 11-20-1995 by Ord. No. 95-15]

The following regulations shall apply to bed-and-breakfast uses:

Not more than two bedrooms and two baths within the dwelling in which the occupants reside shall be used to provide accommodations for the transient guests.

Maximum guest stay shall be limited to 15 days.

There shall be not more than one employee not a member of the household.

Breakfast may be served by the occupants as part of the accommodations, but no other meals shall be served to guests (whether or not separately billed).

There shall be no signs advertising the bed-and-breakfast, except nameplate signs authorized by § 122-88B.

There shall be at least one additional parking space for each room devoted to bed-and-breakfast use.

All local regulations shall be complied with regarding all applicable permits, including but not limited to Fire, Health and Building Codes, and the Township shall have no liability in any action resulting from bed-and-breakfast use.

§ 122-104 Day-care facilities.

[Added 2-7-1994 by Ord. No. 94-01]

The purpose of this section is to provide convenient locations for custodial child, elderly and/or handicapped care service uses within the Township which are compatible with the surrounding land uses and developments and where the proposed use will comply with necessary site planning considerations so that the security and well-being of the participants are assured. This section shall apply to each day-care facility use within the Township. The requirements of this section shall apply at such time as any location is used as a day-care facility.

The following provisions and standards shall apply to all day-care facilities as permitted by this chapter:

Each business owner of a day-care facility must register with Birmingham Township prior to the initiation of such use and annually thereafter. The business owner must certify compliance with all aspects of Township Building Code[1] and other requirements as well as Commonwealth of Pennsylvania requirements for child, elderly and/or handicapped day-care facilities, as applicable.

Editor's Note: See Ch. 47, Construction Codes, Uniform.

All child day-care facilities shall hold a valid registration certificate or license, as appropriate, from the Pennsylvania Department of Human Services and meet all current Department regulations, including those standards governing adequate indoor space, accessible outdoor play space and all applicable state and local building and fire safety codes.

All child, elderly and handicapped day-care facilities shall be fully protected by smoke detectors and fire extinguishers and shall be inspected and approved by the State Fire Marshal prior to the initial use and periodically thereafter to ensure that all safety requirements are actively maintained.

Day-care facilities in operation prior to the effective date of this section shall comply fully with all provisions above within six months of the effective date of this section.

The following provisions and standards shall apply to all family day-care homes, as permitted by this chapter. Family day-care homes may locate as an accessory use/home occupation in any district indicated subject to the standards of that particular district for a single-family residence, the standards set forth in § 122-103 for home occupations (unless any such standard is contradicted by a standard specified in this section) and the following additional standards:

There shall be at least one safe passenger unloading space at least 10 feet by 20 feet.

Outside play shall be permitted, when limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs earlier, and when conducted within an area surrounded by a safety fence, being not less than four feet nor more than six feet height, or equivalent natural barrier.

The business owner shall be a resident of the home.

The following provisions and standards shall apply to day-care centers where permitted by this section:

The standards for day-care centers shall ensure that the structures and appurtenances shall be architecturally compatible with surrounding structures. Additional conditions, including buffers, may be imposed to mitigate any potentially adverse impact relating to the site or surrounding areas; further, such designs will allow the reversion to compatible permitted uses within the district, should the day-care center cease to exist for any reason.

A land development plan, including provisions for adequate sewage disposal, is required for all day-care centers as part of its application.

Safe sight distances and internal circulation patterns are required for both dropoff and pickup locations. Additionally, at least one safe passenger unloading space measuring at least ten by twenty (10 x 20) feet shall be provided for each 10 children, elderly or handicapped that the center is licensed or approved to accommodate.

Each day-care center shall have at least the minimum play area designated by the Department of Human Services located immediately adjacent to the center. Off-site locations should be used only when no other alternatives exist and only under the condition that direct, safe, dedicated pedestrian access is provided. Busing of children to play areas is not permitted.

The outdoor play area for a child day-care center as regulated by state licensing shall be surrounded by a safety fence, being not less than four feet nor more than six feet high or equivalent natural barrier.

No portion of the outside play area for a child day-care center shall be less than 50 feet from either an existing occupied dwelling or nonresidential uses on adjacent properties.

Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs earlier.

COMMUNICATIONS EQUIPMENT BUILDING

Any sign shall comply with the regulations applicable to similar uses, such as schools, churches, etc., and shall otherwise comply with the provisions of Article XVII.

(9)

The licensed capacity of the day-care center shall be limited to the lot area divided by 1,500 square feet, unless restricted further by other sections of this chapter or state regulations.

§ 122-105 Wireless communications facilities.

[Added 11-7-1994 by Ord. No. 94-09; amended 4-21-1997 by Ord. No. 97-08; 12-7-2020 by Ord. No. 20-04]

Definitions. As used in this § 122-105, the following terms shall have the meanings indicated:

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.

BASE STATION

Any structure or equipment at a fixed location that enables FCC-licensed or -authorized communications between user equipment and a communications network. Includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a base station at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at that time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.

The building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed and covering an area on the ground not greater than 200 square feet.

DATA COLLECTION UNITS (DCU)

A type of wireless facility utilized primarily by utilities to receive data from meters for usage, outage restoration and other services.

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.

FCC

Federal Communications Commission.

MONOPOLE

A WCF or site which consists of a single pole wireless support structure, designed and erected on the ground or on top of a structure, to support antennas and connecting appurtenances.

NONCOMMERCIAL ANTENNAS AND TOWERS

A privately owned antenna or tower serving solely the same property upon which the antenna or tower is located for the personal, amateur, noncommercial use of the owner of the property, and as an accessory use to such property, for example, ham radio, citizens band radio, or direct broadcast satellite dishes. See further definitions in § 122-6, definition of "antenna."

NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF)

All wireless communications facilities (WCFs) that are not tower based, including, but not limited to, data collection units, antennas and related equipment. Nontower WCF shall not include support structures for antennas and related equipment that is mounted to the ground or at ground level. Other non-ground-mounted examples can include, but are not limited to, installation of a WCF on an existing utility pole, light pole, barn, church steeple, farm silo, water towers or other similar structures.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification to the physical dimensions of a tower or base station as measured from the dimensions of the tower or base station, inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:

For tower-based WCFs outside of the public rights-of-way, it increases the height of the facility 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;

For tower-based WCFs inside the public rights-of-way, and for all base stations, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;

For tower-based WCFs outside of the public rights-of-way, it protrudes from the edge of the existing tower by more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

For tower-based WCFs inside the public rights-of-way, and for all base stations, it protrudes from the edge of the existing tower, or wireless support structure, by more than six feet;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

It entails any excavation or deployment outside the current permitted area of the existing tower-based WCF or base station;

It would defeat the existing concealment elements of the tower or base station; or

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF)

It does not comply with conditions associated with the prior approval of construction or modification of the tower-based WCF or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.

WIRELESS COMMUNICATIONS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

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 communications services. Not included are noncommercial antennas and towers (as defined).

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 COMMUNICATIONS FACILITY, HEIGHT

The vertical distance measured from the base of a wireless communications facility support structure at the undisturbed grade to the highest point of the structure. If the wireless communications facility support structure is on a sloped grade, the average between the highest and lowest grades shall be used in calculating the height.

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.

Purposes and intent.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Township intends to:

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and

Promote the health, safety and welfare of the Township's residents.

Small wireless facilities. Wireless communications facilities that qualify as small wireless facilities as has been defined by the Federal Communications Commission are not intended to be governed by this section. Small wireless facilities are governed by a separate ordinance, and related design criteria, as adopted by the Township to specifically address those types of facilities. Small wireless facilities are not subject to the provisions of this section of the Zoning Ordinance.[1]

Editor's Note: See Ch. 96, Small Wireless Facilities.

General and specific requirements for nontower WCF.

Regulations applicable to all nontower WCFs located within the Township.

Permitted in all zoning districts subject to regulations. Nontower WCFs are permitted in all zoning districts subject to the regulations and conditions prescribed below and subject to applicable permitting by the Township.

Nonconforming wireless support structures. Nontower WCFs shall be permitted to co-locate upon legally nonconforming wireless support structures and other nonconforming structures. Co-location of a WCF upon an existing wireless support structure is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.

Standard of care. Any nontower 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 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.

Wind. All nontower 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 the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.

Removal. In the event that use of a nontower 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 WCFs or portions of WCFs shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's ninety-day review period.

Insurance. Each person that owns or operates a nontower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.

(k)

Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(l)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

(m)

Reservation of rights. In accordance with applicable law and as set forth in more detail in subsequent design and development standards herein, the Township reserves the right to deny an application for the construction or placement of any nontower WCF for numerous factors, which include, but are not limited to, visual impact, design, and safety standards.

Regulations applicable to all nontower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached.

Permit required. WCF applicants proposing the modification of an existing wireless support structure shall obtain a zoning permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Such nontower WCFs that do not substantially change the physical dimensions of the wireless support structure may be eligible for a sixty-day time frame for review. The applicant shall assert such eligibility, in writing, to the Township and provide documentation reasonably related to determining whether the application is eligible for the shortened review time frame, and if warranted, such application shall be reviewed within the sixty-day time frame.

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Permit fees. The Township may assess appropriate, fair and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF as set forth in fee schedules adopted by resolution by the Board of Supervisors.

Regulations applicable to all nontower WCF that do substantially change the wireless support structure to which they are attached.

Permit required. Any WCF applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF, shall first obtain a zoning permit from the Township. New construction and modifications shall be prohibited without a permit.

Prohibited on certain structures. Nontower WCFs greater than 10 feet in height shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

Regulations applicable to nontower WCF located outside the public rights-of-way that do substantially change the wireless support structure to which they are attached.

Development regulations. If feasible, nontower WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

Design regulations.

Nontower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

Antennas, and their respective accompanying wireless support structure, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.

Removal, replacement, modification.

The removal, replacement, or modification of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF may not increase the overall size of the WCF or the numbers of antennas.

Any material modification to a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state 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.

Regulations applicable to all nontower WCFs located in the public right-of-way.

Co-location. Nontower WCFs in the right-of-way shall be co-located on existing wireless support structures, such as existing utility poles or light poles. If such co-location is not technologically feasible, the WCF applicant shall locate its nontower WCFs on existing poles that do not already act as wireless support structures, with the Township's approval, subject to the required permitting by the Township and compliance with applicable regulations.

Design requirements.

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower 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]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Nontower WCFs and related 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:

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

Ground-mounted related 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.

Required electrical meter cabinets shall be screened to the satisfaction of the Township.

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.

Any proposed underground vault related to nontower WCFs shall be reviewed and approved by the Township prior to installation.

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 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, determines that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Reimbursement for ROW use. In addition to required permit fees, every nontower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee 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.

General and specific requirements for all tower-based WCF.

Regulations applicable to all tower-based WCF in the Township.

Standard of care. Tower-based WCFs 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Tower-based WCFs 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.

Conditional use authorization required. Tower-based WCFs are permitted by conditional use only in those zoning districts and along those roadways as designated in the subsequent provisions of Subsection D(2) and (3) and Subsection E and in compliance with the following:

Prior to the Board's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township, on behalf of the applicant, a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure.

Visual appearance and land use compatibility. Tower-based WCFs shall employ stealth technology, which may include painting the tower portion black or another color approved by the Board, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade that blends with the existing surroundings and neighboring buildings to the greatest possible extent.

Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a radius of 1/4 of a mile of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF that increases the overall height of such WCF shall first obtain a zoning permit from the Township. Routine modifications shall not require a permit.

Gap in coverage. A WCF 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.

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 zoning permit approval of the Township.

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 the Telecommunications Industry Association (ANSI/EIA-222-E, as amended).

Site plan. A full site plan shall be required for all tower-based WCFs, showing all existing and proposed structures and improvements, for a minimum of 500 feet from the tower-based WCF, including but not limited to antennas and related support structures, building, fencing, buffering and ingress and egress.

(k)

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the WCF applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the WCF applicant, the total height of such tower-based WCF may be further increased but shall not exceed 150 feet. Tower-based WCF located within the public ROW are subject to more stringent height restrictions as set forth in subsequent provisions of this section.

(l)

Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna space on the tower-based WCF.

(m)

Public safety communications and emissions. Tower-based WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC.

(n)

Maintenance. The following maintenance requirements shall apply to all tower-based WCFs:

All tower-based WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Township's residents and utilize the best available technology for preventing failures and accidents in accordance with the requirements of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222-E, as amended).

(o)

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

(p)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required by law, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

(q)

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(r)

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(s)

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 WCF applicant, in writing, of any information that may be required to complete such application. All complete applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant, in writing, of its decision.

(t)

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.

(u)

Removal. Where use of a tower-based WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue its use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

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.

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 WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

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.

(v)

Permit fees. The Township may establish, by resolution, appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF.

(w)

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including, but not limited to, visual impact, design, and safety standards.

(x)

Insurance. Each person that owns or operates a tower-based WCF greater than 45 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 45 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

(y)

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(z)

Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(aa)

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

Regulations applicable to tower-based WCF located outside the public rights-of-way.

Development regulations.

Location. Tower-based WCFs outside the public rights-of-way are permitted by conditional use in the C-1, C-2 and C2A Zoning Districts; however, tower-based WCFs are not permitted to be located within boundaries of the Historic District as shown on the Historic District Overlay Map. Additionally, tower-based WCFs outside the public rights-of-way shall not be located within the viewshed of those lands designated as the historic Battlefield of the Brandywine. No tower-based WCFs shall be within the line of sight of any individual standing on lands designated as part of the historic Battlefield of the Brandywine.

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.

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 use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

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, any fencing, and buffer planting if the proposed WCF is greater than 45 feet in height.

[c]

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining property uses, their occupants, pedestrians, or traffic.

Design regulations.

The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Any tower-based WCF over 45 feet in height shall be designed with public safety in mind which may include fencing or other security measures as deemed acceptable and necessary in the industry.

Surrounding environs.

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.

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.

Landscaping.

Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve an equivalent degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

All related equipment, 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.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WCF. 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 for the proposed facility.

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state 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.

Regulations applicable to tower-based WCF located in the public rights-of-way.

Location and development standards.

Only tower-based WCF that are 45 feet or shorter in height are permitted in the public rights-of-way, by conditional use approval, along the following corridors and roadways, regardless of the underlying zoning districts except for the Historic Overlay District:

Route 926;

Route 202; and

Creek Road.

Tower-based WCF permitted along the above roadways shall not be visible from any vantage point of lands designated as part of the historic Battlefield of the Brandywine. The viewshed of the Battlefield of Brandywine shall not be disturbed by the installation of any tower-based WCF.

Tower-based WCF are not permitted to be located anywhere within the boundaries of the Historic District as shown on the Historic District Overlay Map.

Such tower-based WCFs shall not be located in any right-of-way which directly abuts the front yard setback of a residential dwelling. However, replacement poles of the same size and dimension shall be permitted in such locations. Tower-based WCF shall also not be located within 50 feet of any underground utility (with the exception of water and sewer lines).

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 right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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.

Equipment location. Tower-based WCFs and related 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:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

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.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner within 10 business days of notice from the Township of the existence of the graffiti.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

Design regulations.

The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all other respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

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:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Reimbursement for right-of-way use. In addition to permit fees as established by resolution of the Board of Supervisors, every tower-based WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way 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 actual costs incurred in connection with the activities described above.

General and specific regulations for WCF upon municipal use land or public use land.

Tower-based WCFs may be permitted upon public lands, other than public roads, owned by the Township, regardless of the provisions of the underlying zoning districts, when approved by conditional use by the Board pursuant to the conditional use procedures and standards contained herein and subject to the following additional criteria:

Where a previously approved tower-based WCF is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the tower if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.

When required by the Board, the tower-based WCF shall be architecturally screened and landscaped to simulate other structures existing in the Township, such as light poles, flagpoles, farm silos or trees (stealth features), and shall be painted one or more colors (blue, green or remain galvanized) as directed by the Board.

The location of the tower-based WCF within the public land owned by the Township shall be at the discretion of the Board.

The Township may enter into separate agreements and fee arrangements with tower-based WCF applicants beyond those permit fees and reimbursement costs set forth by resolution.

Nontower WCFs may also be permitted upon public lands owned by the Township, regardless of the underlying zoning district, subject to those regulations and restrictions as set forth in the preceding sections governing all nontower WCFs and subject to the following additional criteria:

The Board, at its discretion, can modify certain standards and regulations to allow a reasonable use of Township-owned property to accommodate nontower WCFs.

Where a previously approved tower-based WCF or other wireless support structure is located upon public land owned by the Township, antenna(s) of providers other than the entity owning the tower may co-locate on the wireless support structure, if the proposed co-location meets all of the requirements set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1.

Subject to applicable law, the location of the nontower WCF within the public land owned by the Township shall be at the discretion of the Township.

The Township may enter into separate agreements and fee arrangements with non-tower-based WCF applicants beyond those permit fees and reimbursement costs set forth by resolution.

Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances, in which case the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.

§ 122-105.1 Antennas other than for cellular communications.

[Added 11-20-1995 by Ord. No. 95-15[1]]

Conventional television antenna.

Conventional television antennas are permitted without limitation within the interior of any building in any zoning district.

Conventional television antennas may be located on the ground of a residential lot, but only within the rear yard area thereof, subject to adherence to all applicable setback requirements for building in such district.

Conventional television antennas may be affixed to a roof or rear facade of a building in any zoning district; provided, however, that no such antenna shall extend more than five feet higher than the height of the structure (roof or chimney, as applicable) to which it is attached.

Satellite dish antenna.

Satellite dish antennas are permitted without limitation within the interior of any building in any zoning district.

In commercial or industrial districts, satellite dishes may have a diameter not to exceed 10 feet. In all other zoning districts, satellite dish antennas shall not exceed three feet in diameter.

Satellite dish antennas may be located on the ground of a residential lot, but only within the rear yard area thereof, subject to adherence to all applicable setback requirements for buildings in such district.

Satellite dish antennas no larger than 18 inches in diameter may be located on a building roof or rear facade of a building in any zoning district.

Amateur radio service antenna.

Except within an Historic Overlay District of the Township, amateur radio antennas may be located on the ground of a residential lot, but only within the rear yard area thereof.

Amateur radio service antennas shall be set back so as to comply with the side and rear yard setback requirements for the applicable zoning district.

No such antenna shall be placed so that its height is more than 70 feet above ground level. Where placed upon a roof or otherwise affixed to a building, the height of the antenna shall be measured in accordance with the definition of "height of buildings or structures" as set forth in § 122-6 of this chapter.

In all zoning districts of the Township the installation and use of an amateur radio service antenna shall be limited to licensed amateur radio operators, as defined in § 122-6.

Editor's Note: This ordinance also renumbered former § 122-105.1, Bed-and-breakfast, as § 122-103.1.

§ 122-105.2 Other antennas.

[Added 11-20-1995 by Ord. No. 95-15]

Antennas not within the scope of antennas specifically defined herein shall be subject to the regulations applicable to satellite dish antennas, prescribed by § 122-105.1B hereof.

§ 122-105.3 General regulations for antennas.

[Added 11-20-1995 by Ord. No. 95-15]

All antennas governed under §§ 122-105.1 and 122-105.2 shall comply with the following general regulations:

Except as set forth in § 122-105.1C(3), no such antenna shall be placed so that its height is more than 35 feet above ground level. Where placed upon a roof or otherwise affixed to a building, the height of the antenna shall be measured in accordance with the definition of "height of buildings or structures" as set forth in § 122-6 of this chapter.

In addition to any other applicable setback requirements, no antenna facility shall be placed closer to a property line than the height of the antenna facility.

Where a ground-mounted antenna is in view from any adjoining property, plantings to ameliorate the visual impact or to provide any effective visual screen shall be planted by the applicant.

Permits.

A Township building permit must be obtained before any of the following antennas are installed:

Satellite dish antenna exceeding three feet in diameter.

Any ground-mounted antenna exceeding four feet in any dimension.

Any antenna mounted on a roof or exterior building facade, which antenna exceeds five feet in any dimension.

Installation of other antennas does not require a building permit, notwithstanding anything to the contrary in this chapter. The adequacy of the proposed anchoring, the location of the antenna and any required landscaping must be depicted as part of the permit application.

In the event that a nonconforming antenna is removed from service, any replacement antenna shall comply with these requirements.

Where an antenna facility (except as located within a building) is proposed to be located within an Historic Overlay Zone, the applicant shall apply for and receive a certificate of appropriateness as a prerequisite to installation.

§ 122-105.4 Cemeteries.

[Added 4-19-1999 by Ord. No. 99-01]

The following regulations shall apply to all cemeteries located within Birmingham Township, irrespective of the zoning district within which such cemetery is located:

All burial plots shall be located at least 20 feet from any property line, streetline, right-of-way or easement, unless a headstone or tombstone shall exceed four feet in height, in which case the setback shall be increased to 30 feet.

All mausoleums shall be located at least 60 feet from any property line or street right-of-way line.

No mausoleum facilities nor burial plots shall be located within 20 feet of any identified floodplain areas.

[Amended 7-10-2017 by Ord. No. 17-02]

This section shall not apply to previously platted sections of existing cemeteries, registered as such with the Township Zoning Officer prior to the effective date of this section.

§ 122-105.5 Mineral extraction regulations.

[Added 6-18-2001 by Ord. No. 01-08]

The following regulations shall apply to any mineral extraction use:

Landscaping and screening. There shall be a berm around the perimeter of the mining operation, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer than 50 feet from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with § 122-102C of this chapter. Erosion control measures shall be in accordance with Chapters 101 and 103 of the Birmingham Township Code.

Fencing. A chain-link-type fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the mining operation and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet. The fence shall be set back at least 15 feet from any property line or street line.

Slope of excavation. The mining operation walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act[1] and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No undercutting shall be permitted within any required setback area. The depth of extraction shall be limited so it will not contribute to lowering the aquifer or water table off site.

Editor's Note: See 52 P.S. § 1396.2 et seq.

Setback. Extraction of minerals shall not be conducted closer than 200 feet to a property line nor closer than 300 feet from the street line nor closer than 400 feet to the point of intersection of the street line. The setback area shall not be used for any other use in conjunction with extraction except access streets, berm, screening, on-site directional signs, signs identifying the occupant, and buildings and structures in conformity with the applicable provisions of this section.

Lateral support. All mining operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons, physical damage to adjacent lands or improvements or damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.

Stockpiles. Stockpiles shall not exceed 100 feet in height, and the toe of the slope shall not be located closer than 200 feet from any property line nor closer than 300 feet from the street line.

Drainage. All drainage from the site of mining operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.

Control of vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 through 168, and the rules and regulations adopted thereunder, with the exception that blasting shall not cause a peak particle velocity greater than 1.0 inch per second, measured at any property line or street line.

Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of a public street shall not be permitted for hauling between extractions and processing except as stated in Subsection J below.

All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include but not be limited to the following items:

Stop signs shall be placed at the intersection of all internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.

Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point 150 feet from the intersection of the public highway and internal roadway, one on either side of the intersection on the public highway indicating that caution should be observed and the trucks will be crossing 150 feet from the signs.

Caution lights as permitted by PennDOT are to be provided, having at least two blinking yellow lights sufficient to attract the attention of a passing motorist, attached to a sign advising that caution should be observed due to a truck crossing ahead, and the signs shall be at a distance of 300 feet from the intersection of the public highway and internal roadway or less if necessary so that one sign faces each direction of travel upon the public highway.

All public roads shall be clean from dust and spillage.

The operator shall submit a land development plan in accordance with Chapter 103 of the Birmingham Township Code.

Parking. Off-street parking spaces shall be provided in accordance with the requirements of § 122-102A of this chapter.

§ 122-105.6 Forestry regulations.

[Added 6-18-2001 by Ord. No. 01-08]

Scope and intent. The forestry and timber harvesting regulations contained in this section, which shall apply to any forestry or timber harvesting operation in the Township, are intended to accomplish the following goals:

Promote good forest stewardship.

Protect the rights of adjoining property owners.

TIMBER HARVESTING, TREE HARVESTING or LOGGING

Minimize the potential for adverse environmental impacts caused by a forestry or timber harvesting operation.

Definitions. As used in this section, the following terms shall have the meanings given to them below:

FELLING

The act of cutting a standing tree so that it falls to the ground.

LANDING

A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

LANDOWNER

An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on behalf, such as forestry consultants, who set up and administer timber harvesting.

LITTER

Discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.

LOP

To cut tops and slash into smaller pieces to allow the material to settle close to the ground.

OPERATOR

An individual, partnership, company, firm, association or corporation engaged in forestry or timber harvesting, including the agents, subcontractors and employees thereof.

SKIDDING

Dragging trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.

The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

The upper portion of a felled tree that is unmerchantable because of small size, taper or defect.

Erosion and sedimentation control plan. An erosion and sedimentation control plan shall be prepared for each forestry and timber harvesting operation and shall be reviewed by the Township Engineer or Township forestry consultant. The plan shall comply with all applicable standards for erosion and sedimentation control and stream crossing regulations under 25 Pennsylvania Code, Chapter 102, Erosion Control Rules and Regulations, issued under the Act of June 22, 1987, P.L. 1987 (Clean Streams Law), and 25 Pennsylvania Code, Chapter 105, Dam and Waterway Management Rules and Regulations, issued under the Act of 1978, P.L. 1375, No. 325, (Dam Safety and Encroachment Act) and Chapter 101, Stormwater Management, of the Code of the Township of Birmingham.

Contents of plan. Any operator or landowner who proposes to operate a forestry or timber harvesting operation in the Township shall file an erosion and sedimentation control plan with the Township at least 45 days prior to the start of the operation. In addition to the requirements of § 101-17 of the Code, the erosion and sedimentation control plan shall address each of the following elements:

Design of the road system leading to and from the proposed forestry use.

Water control structures.

Stream crossings.

Log landings.

Construction, use and restoration of haul roads, skid roads, log landings and skid trails.

Maintenance of all roads and structures and provisions to prevent mud from being tracked into public roads, such as rock landings.

The general location of the areas of forestry operation in relation to local and state roadways.

Estimated starting and completion dated of the forestry operation.

Procedures and requirements. The following regulations shall apply to all forestry and timber harvesting operations:

No tops or slash shall be left within 25 feet of any public road.

Felling and skidding across any public road is prohibited without written permission by either the Township or the Pennsylvania Department of Transportation, whichever entity is responsible for the public road.

All soil and debris washed or carried onto public streets during a forestry or tree harvesting operation shall be cleaned daily by the operator or landowner. The operator and landowner shall be responsible for the restoration of any property that may be damaged due to erosion caused by the forestry or timber harvesting operation.

Upon the conclusion of any forestry or timber harvesting operation, all litter, trash, discarded equipment and similar items shall be removed from the site before the operator vacates the site.

Upon completion of any forestry or timber harvesting operation, the area shall be reseeded in compliance with the erosion and sedimentation control plan and with the standards in Chapter 101.

All clear-cut areas shall be reclaimed by reseeding, replacement of plant materials or by other methods such that the area does not increase sedimentation and stormwater runoff.

The operator and landowner shall be responsible for repairing berms and/or shoulders on public roads that are damaged due to the forestry or timber harvesting operation.

Bonding. Road bonding for timber harvesting shall comply with PennDOT regulations Chapter 189, found in Publication 221, "Posting and Bonding of Municipal Bonds."

Violations. In the event that any operator or landowner violates the provisions of the erosion and sedimentation control plan or the requirements of this section, the Township may order the immediate cessation of operations and/or order the operator or landowner to implement specific measures necessary to bring the operation into compliance.

§ 122-105.7 Fences and walls.

[Added 5-19-2008 by Ord. No. 08-01]

The following regulations shall apply to fences and walls, except retaining walls, in all residential districts:

No fence or wall over five feet in height shall be erected, installed or constructed, except in compliance with all requirements applicable to construction of a structure.

Fences erected, installed or constructed in the front yard of any lot shall not exceed five feet in height and shall have a ratio of open to solid area of at least four to one.

Fences or walls erected, installed or constructed in a side yard or rear yard setback area of any lot shall not exceed five feet in height and may be solid.

To the extent that any side of a fence is more finished than the other side of that fence, the more finished side of the fence must face the abutting property, whether public or private.

No fence or wall shall be erected, installed or constructed which obstructs sight distance at street intersections, whether public or private, or at the point where any driveway intersects a public or private street.

All existing fences and walls which do not conform to the requirements of this article shall be nonconforming and shall be made to conform as follows:

Once a fence or wall is removed voluntarily or through neglect, the replacement wall or fence must comply with all the provisions of these regulations.

Any repair done or required to be done to more than 50% of the overall linear feet of the fence or wall will require the entire fence or wall to comply with all the provisions of these regulations.

Any fence or wall which, in the judgment of the Zoning Officer is dilapidated, unsafe, dangerous and/or a menace to the health, safety and general welfare of the people of Birmingham Township shall be made to comply with all the provisions of these regulations.

The following regulations shall apply to retaining walls in all districts:

No retaining wall with its low side exposure (measured from finished grade on the low side to the top of wall) over four feet in height shall be erected, installed or constructed, except in compliance with all requirements applicable to a structure.

No retaining wall qualifying as a structure shall be constructed without review and approval of the design and specifications by the Township Engineer.

§ 122-105.8 Alternative energy system regulations.

[Added 2-7-2011 by Ord. No. 11-01]

Purposes.

[Amended 12-7-2020 by Ord. No. 20-05]

The purpose of alternative energy systems is to provide more efficient heating and cooling and/or electricity for the principal use of the property whereon said system is to be located. Such facilities are, therefore, accessory structures designed to provide energy primarily for on-site use. The standards set forth hereinbelow shall be applicable to such systems in order to curtail any potential nuisance attributes of such systems and to ensure that such systems do not pose risks to health, safety and welfare. For purposes of this section, the sale of any excess power from an accessory system shall be limited, so that in no event shall an energy system generate more energy for sale than the amount which is otherwise necessary to satisfy the need for electricity for the principal use of the property to which the facility is accessory.

Wind or solar energy systems as principal uses are not permitted in the Township, as they are incompatible with the status of the Township as predominantly residential and agricultural.

Solar energy systems.

[Amended 12-7-2020 by Ord. No. 20-05]

Rooftop-mounted solar arrays shall be permitted by right in any zoning district, with the exception of the Historic District, in accordance with the following standards.

The solar panels shall not be located so as to exceed a height of 18 inches from the highest point of the panel above the roof surface to which they are mounted on a pitched roof.

No portion of a rooftop solar array attached to a pitched roof shall extend above the ridge line of the pitched roof or protrude beyond the side and bottom edges of the roofline.

Solar panels shall not exceed the building height limitation for the zoning district within which the principal building is located. For a roof-mounted solar energy system installed on a flat roof, the highest point of the system shall be permitted to exceed the district's height limit of up to six feet above the rooftop to which it is attached so long as proper wind loading requirements are maintained for the solar energy system and roof structure.

Solar panels shall not be placed upon the exterior of any Class I, Class II or Class III Historic Resource as designated in the Township's Historic Resource Survey.

The total area of the roof that may be covered with solar panels, including the mounting structure, shall not exceed 90% of the building roof area or in the case of a pitched roof 45% of the building roof area.

All solar panel installations, including flat roof installations, shall include a thirty-six-inch-wide pathway maintained along three sides of the solar roof. The bottom edge of a roof with a slope that exceeds 2:12 shall not be used as a pathway. All pathways shall be located over a structurally supported area and measured from edge of the roof and horizontal ridge to the solar array or any portion thereof. Exceptions: On structures with a solar panel area of 1,000 square feet or less installed on a roof with a slope that exceeds 2:12 and with an intersecting adjacent roof and where no section of the solar panel array is larger than 150 feet measured in length or width:

Where the solar array does not exceed 25% as measured in plan view of total roof area of the structure, a minimum twelve-inch unobstructed pathway shall be maintained along each side of any horizontal ridge.

Where the solar array area exceeds 25% as measured in plan view of total roof area of the structure, a minimum of one thirty-six-inch unobstructed pathway from ridge to eave, over a structurally supported area, must be provided in addition to a minimum twelve-inch (305 mm) unobstructed pathway along each side of any horizontal ridge.

Systems that include a solar array area that is larger than 150 feet measured in length or width shall have additional intermediate pathways. An intermediate pathway not less than 36 inches wide separating the array shall be provided for every 150 feet of array, including offset modules or angled installations. The maximum square footage of an array shall not exceed 22,500 square feet without the installation of an intermediate pathway.

Pathways are not required on nonoccupied accessory structures.

Solar panels shall be permitted as ground arrays by special exception in any zoning district, with the exception of the Historic District, in accordance with the following standards:

All ground arrays shall comply with the setback requirements for accessory buildings in the applicable zoning district regulations, plus an additional setback of 10 feet from a side or rear property line or lot line. Ground arrays shall not be permitted in a front yard area, between the front facade of the principal building and the street line. Ground arrays shall not be permitted in the rear yard of a lot that is in front of another contiguous lot (i.e., a flag lot).

Ground arrays shall not exceed a height of 15 feet.

Ground arrays shall be screened from view from adjacent street(s) upon which the property has frontage and from adjacent properties. Such screening shall screen the supporting infrastructure for the panels and control equipment; the screening shall not be required to screen the solar panels, as reception of sunlight is essential for proper operation thereof.

For purposes of determining compliance with lot coverage standards of the applicable zoning district the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters and solar hot air or water collector devices, shall be considered 60% impervious coverage. For example, if the total horizontal projection of a solar energy system is 100 square feet, 60 square feet shall count towards the impervious coverage standard so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays. For a tracking array or other moveable system, the horizontal projection area shall be calculated at a 35° tilt angle.

Adequate drainage and infiltration of rainwater shall be provided to eliminate additional runoff from the property.

The area of a lot that may be covered with solar arrays shall not exceed 10% of the net lot area.

Ground-mounted solar arrays shall be screened with a fence or wall that complies with § 122-105.7, Fences and walls.

All rooftop-mounted and ground-mounted solar arrays shall also conform to the following additional requirements:

The design and installation of solar energy systems shall conform to applicable industry standards, including those of ANSI, Underwriters Laboratories (UL), International Standards Organization (ISO) and ASTM, as applicable, and shall comply with applicable building code and fire and safety requirements. The applicant shall submit manufacturer's specifications as part of the zoning permit application.

The applicant shall demonstrate that the solar energy systems shall be designed and located in order to prevent reflective glare from reaching adjacent properties or streets.

No solar energy systems shall be located within the Historic District of the Township.

No aerial wiring system shall be employed in transmitting energy generated by a solar energy system.

Owners of solar energy systems are encouraged but not required to obtain solar access easements from neighboring landowners to ensure solar access. The municipality does not guarantee and will not protect any individual property rights with respect to solar access.

Interconnection with utility grid.

The owner of the solar energy system shall provide the Township with written confirmation that the utility has been informed of the intent to install an interconnected electrical generation system and approves of such connection.

The solar energy system shall have an automatic cutoff from the utility interconnection in the event of utility power outage.

The solar energy system shall have manual cutoff provisions accessible by emergency responders.

Systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Systems shall not display advertising, except for reasonable identification of the system manufacturer or owner.

On-site transmission and power lines between the system and point of use, to the maximum extent practicable, shall be placed underground.

All ground-mounted or ground-accessible electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(k)

Any substantial upgrade, modification or structural change that increases the size or relocates an existing system must comply with this chapter.

(l)

All mechanical equipment and components (appurtenances) associated with and necessary for the safe operation of the alternative energy system shall comply with the setbacks for the zoning district in which the system is installed.

(m)

Open space in planned residential communities may not be used for any type of solar panel array.

A solar energy system attached to a structure over top of a parking lot may exceed the applicable maximum accessory structure height if it will cover an impervious surface parking area, provided that the height of the canopy may not exceed the height of the primary structure that the parking area serves or a maximum of 25 feet, whichever is less. The minimum height of the parking canopy must allow clearance for emergency service and service vehicles.

Wind energy systems.

Wind energy systems shall be permitted by special exception as accessory to properties in residential and eleemosynary zoning districts, subject to the following additional requirements:

A minimum lot size of two acres shall be provided.

All wind energy systems shall be set back from all property lines a distance equal to the greater of 10 feet plus 100% of the height of the structure measured to the height of the blade at its highest point, or the applicable yard setback requirements for principal buildings, plus 10 feet, measured to the closest point of the foundation.

Wind energy systems shall not be permitted in a front yard area, between the front facade of the principal building and the adjacent street line.

Wind turbines shall not exceed a height of 30 feet, measured to the height of the blade at its highest point.

No more than one wind energy system shall be permitted per property.

The design and installation of wind energy systems shall conform to applicable industry standards, including those of American National Standards Institute (ANSI), Underwriters Laboratories (UL), International Standards Organization (ISO) and the American Society for Testing and Materials (ASTM), as applicable, and shall comply with applicable building code and fire and safety requirements. The applicant shall submit manufacturer's specifications as part of an application for special exception.

Wind energy systems shall be permitted by special exception as accessory to properties in commercial zoning districts, subject to the area and bulk requirements for principal buildings in that district, plus the following additional requirements:

The lot shall have a minimum area of five acres.

Wind turbines shall not exceed a height of 30 feet, measured to the height of the blade at its highest point.

All wind energy systems shall be set back from all property lines a distance equal to the greater of 10 feet plus 100% of the height of the structure measured to the height of the blade at its highest point, and the applicable yard setback requirements for principal buildings, plus 10 feet.

Wind energy systems shall not be permitted in the front yard, between the front facade of the principal building and the adjacent street line.

No more than one wind energy system shall be permitted per property.

Noise.

Wind energy systems shall not generate noise levels, measured at any property line, which would exceed the lesser of:

Three decibels above preexisting ambient noise levels; or

Forty decibels (A) from 7:00 a.m. to 7:00 p.m., 35 decibels (A) from 7:00 p.m. to 11:00 p.m. and 30 decibels (A) from 11:00 p.m. to 7:00 a.m.

The applicant shall conduct a three-day ambient noise test to demonstrate compliance with these standards and shall submit proof of such standards to the Zoning Hearing Board at the special exception hearing. The Township shall maintain a list of qualified experts, with such testing to be at the applicant's sole cost and expense.

Other criteria. All wind energy systems shall also conform to the following additional requirements:

Wind energy systems shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.

Wind energy systems shall not be artificially lighted.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower for a minimum height of eight feet above the ground.

All moving pads of the wind energy system shall be a minimum of 10 feet above ground level.

The blades on the wind energy system shall be constructed of a corrosion-resistant material.

The surface of the wind energy systems shall be finished with a non-reflective coating.

All guy wires or any pad of the wind energy system shall be located on the same lot as the energy system.

No aerial wiring system shall be employed in transmitting energy generated by a wind energy system.

Abandonment. The following requirements shall apply and shall be a condition of approval of a special exception for an accessory alternative energy system, whether solar array or wind turbine:

An alternative energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Zoning Officer or Code Enforcement Official may issue a notice of abandonment to the owner, to be sent by regular mail and certified mail, return receipt requested, at the address of record as set forth on the tax duplicate. The owner shall have the right to appeal from such notice to the Zoning Hearing Board, in which event, the Township shall have the burden of proving by a preponderance of the evidence that the system has been abandoned, applying the same tests as would apply in the context of an alleged abandonment of a lawful non-conforming use.

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment or, in the event of an appeal, within six months after the entry of a final order by either the Zoning Hearing Board or by a reviewing court, as the case may be. Failure to comply with this requirement shall constitute a violation of the Township Zoning Ordinance, subjecting the property owner to the remedies and penalties as set forth in Article XXIII of this chapter.