Township of Lower Saucon, PA Article XVII Additional Regulations for Certain Permitted, Conditional and Special Exception Uses

§ 180-101 Purpose.

[Amended 8-30-2023 by Ord. No. 2023-05]

This article requires that, unless a use is otherwise specifically exempted from this requirement elsewhere in this Article XVII, before any zoning permit is granted for the use of land or building for certain permitted, conditional and special exception uses, a site plan shall be reviewed by the Planning Commission and reviewed and approved by the Township Council. Special exception uses must also be reviewed and approved by the Zoning Hearing Board prior to Council approval. This provision is set forth because of the considerable environmental, traffic and land use impact these land uses have on a community.

§ 180-102 Site plan review.

A. Purpose. It is the purpose of this procedure to enable the Township Planning Commission, the Zoning Hearing Board, if applicable, and Township Council to review the site plans of an applicant to assure that they meet the stated objectives and standards of these regulations, conform to the stated objectives of other agencies, provide for the safety and convenience of the general public, as well as those using the subject site, and preserve important site features and landscaping where desirable.

B. Procedure.

(1) In all cases where these regulations require approval of a site plan, a zoning permit shall not be issued until after the Planning Commission, the Zoning Hearing Board, if applicable, and Township Council have reviewed the site plan in accordance with the procedures set forth in this chapter and until the Township Council has approved the site plan. Permits shall be issued only in conformity with the approved site plan.

(2) The Zoning Officer shall submit the site plan and supporting documents to the Township Planning Commission and other required review agencies within 10 days of the receipt of the site plan.

(3) The Planning Commission may refer applications for site plan review to other appropriate agencies and authorities for review and recommendations.

(4) The Planning Commission and Township Council shall have a total of 90 days from the date of the first regular Planning Commission meeting after the submission of the application, according to the same time requirements allowed for subdivision and land development plan submissions and reviews under the Pennsylvania Municipalities Planning Code, Act 247, as amended (53 P.S. § 10101 et seq.), unless an extension of time is granted by the applicant.

C. Application requirements.

(1) Application for site plan review shall be submitted to the Zoning Officer. Fifteen copies of all plans certified by a registered architect, engineer or surveyor shall be submitted, along with the site plan review fee, as established by resolution of Township Council, to cover the additional expense of reviewing said site plan.

(2) The site plan shall include, as a minimum, all the following information, except that these requirements may be modified by the Planning Commission to reflect the information needed to review adequately the plans for the intended use:

(a) Location of the site, drawn to a scale of not less than one inch equals 50 feet, showing abutting streets, nearest cross streets, driveways on adjacent lots, structures on adjacent lots which are less than 100 feet from the property line, dimensions and size of the site.

(b) Streets and property lines, curbs, pavements sidewalks, easements and rights-of-way.

(c) Location and dimensions of all existing and proposed buildings, structures, walls, fences, utility buildings, existing major trees and other existing significant landscape elements.

(d) Existing and proposed contours, at maximum two-foot intervals, and limit of earth disturbance. Where slopes exceed 20%, ten-foot contour intervals are acceptable. Contours shall be accurately shown and based upon field survey and/or aerial photography. All contours shall be based on USGS datum.

(e) Location of all existing watercourses, wetlands, drainageways, floodplain limits and rock outcroppings, cliffs, quarries and woodlands. Also, the location of any carbonate geology features that might pertain to the site.

(f) Zoning data for all proposed buildings, structures or uses, including height, number of floors, building total floor area, yards, lot coverage, number of parking spaces, number of dwelling units, total building area and proposed uses. Also, zoning calculations of slope, woodland cover, floodplain, wetlands, riparian corridors, rock outcrop, cliff and quarry areas, and Watershed Protection Areas with associated calculations of required adjusted setbacks, lot size, development density or cover requirements.

(g) The title of the development, date, revision dates, North arrow, scale, name and address of owner, name and address of equitable owner (if applicable) and name and address of applicant, if different from owner or equitable owner, and signature of the applicant and the owner, with a statement indicating their approval of the plan.

(h) Location and dimensions and proposed surfacing of existing and proposed off-street parking and loading spaces, traffic access, circulation drives and pedestrian walks and projected volumes of vehicle and pedestrian traffic using the site.

(i) Location, size and type of proposed landscaping and buffer planting and the designation of those areas of natural vegetation not to be disturbed.

(j) Location, type, design, shielding and hours of operation of all existing and proposed exterior, parking lot and garage lighting.

(k) Description and elevation view of all proposed structures.

(l) Location, type, size, design, color and illumination of all signs.

(m) Location and description of water supply, fire protection system, sewage facilities and stormwater management facilities and supporting calculations.

(n) Location of building or structure listed in or eligible for the National Register of Historic Sites, and estimated date of construction of all existing buildings and structures.

(o) A project narrative providing the following information:

[1] Proposed use.

[2] Hours of use.

[3] Description of product produced, services provided or goods sold and process or methods used in providing these services.

[4] Number and job classification of employees.

[5] A plan for providing emergency services, including police, health and fire.

[6] A list of chemicals to be used or stored on the property in any quantity in excess of 20 cubic feet in volume, except:

[a] Chemicals, such as heating oil or propane, which may be required for the normal heating and cooling of a building and fire-suppression chemicals.

[b] Printing supplies, photographic developing chemicals and janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

[c] Aboveground tanks for storage of fuel oil for use by the property owner for:

[i] Farm-related equipment;

[ii] Trucks or automobiles; and/or

[iii] Emergency equipment or vehicles.

[7] A list of all toxic or hazardous substances, as described in § 180-96G, to be used or stored on the property.

(p) Certification that utilities to be provided are adequate for the intended use.

(q) The copy of all required permits and supporting documents required by federal, state and local government agencies.

(r) In the case of on-lot sewage disposal, the locations and elevations of all passing and failing soil test trenches and percolation tests and proposed primary and replacement drainfield areas and all soil test results.

(s) Location, type and design of proposed soil erosion and sedimentation control devices, with appropriate narrative, and approval from the Soil and Water Conservation District of said plan.

(t) A traffic impact study for all proposed land uses expecting to generate 250 trips per day of traffic. (Ingress is one trip and egress is one trip.)

D. Standards for review. In reviewing site plans, the Planning Commission, the Zoning Hearing Board, if applicable, and Township Council shall take into consideration the purposes of these regulations, including the purposes of the applicable zoning district and the safety and convenience of the general public. Site plans may be modified and conditions put on approvals when deemed necessary to meet the following objectives:

(1) Safe, adequate and convenient vehicular and pedestrian traffic both within and without the site. The Planning Commission, the Zoning Hearing Board, if applicable, and Township Council shall take into consideration the following features:

(a) Number, location and dimensions of vehicular and pedestrian entrances, exits, drives, walkways and lighting.

(b) Visibility, in both directions, at exit points.

(c) Location, arrangement and screening of off-street parking spaces and waste storage areas.

(d) Location, arrangement, size and adequacy of landscaping provided for screening of parking areas, buildings, utilities, outdoor storage and buffering.

(2) The protection of environmental quality, landscaping of open space and harmony with existing development. The Planning Commission, the Zoning Hearing Board, if applicable, and Township Council shall take into consideration the following features:

(a) Arrangement, location, size and architectural features of proposed buildings and structures on the site in relation to development on adjoining properties, open space, topography and existing vegetation.

(b) The shielding of light, noise, odors, airborne particles or other disturbances which could interfere with the use and enjoyment of neighboring properties.

(c) The collection and disposal of stormwater runoff from the site.

(d) The adequacy of the water supply, fire protection system and proposed sewage facilities.

(e) The adequacy of protection of floodplain and wetland areas.

(f) The adequacy of protection against hazards of developing or using land in Carbonate Geology Areas and/or Watershed Protection Areas.

(g) The adequacy of protection provided for woodlands, steep slopes, rock outcrops, cliffs, quarries and riparian corridors.

(3) The protection and preservation and reuse of buildings or structures built more than 50 years prior to the date of application. The Planning Commission, the Zoning Hearing Board, if applicable, and the Township Council shall take into consideration the following features:

(a) If such buildings and structures are nonconforming as to location, size or use, that such nonconformities are permitted to continue.

(b) The adequacy of the proposed protection renovation and reuse.

(4) Specific uses of property shall also be regulated by specific standards and conditions as regulated in the following sections of this Code: § 180-103 and following sections. The review of the Zoning Hearing Board (for specific exceptions) and the review of the Township Planning Commission and Township Council shall take into consideration these specific standards and conditions for these specific uses. If any specific standards and conditions for specific uses conflict with the general standards and conditions for the applicable zoning district, the most restrictive standards and conditions shall be enforced.

§ 180-103 Animal-related uses.

A. Animal hospital; kennel; animal grooming.

(1) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(2) Outdoor animal runs may be provided for small animals. A planting screen around the perimeter of said animal run is required. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(3) Lot and yard requirements.

(a) Animal hospital, small animals (domestic pets).

[1] Lot requirements shall be as follows:

[a] Area: minimum two acres.

[b] Width: minimum 250 feet.

[c] Impervious cover: maximum 30%.

[d] Height: maximum 35 feet.

[2] Yard requirements shall be as follows:

[a] Front yard: minimum 60 feet.

[b] Side yard: minimum 100 feet.

[c] Rear yard: minimum 100 feet.

(b) Animal hospital, large animals (hoofed animals).

[1] Lot requirements shall be as follows:

[a] Area: minimum three acres.

[b] Width: minimum 250 feet.

[c] Impervious cover: maximum 15%.

[d] Height: maximum 35 feet.

[2] Yard requirements shall be as follows:

[a] Front yard: minimum 60 feet.

[b] Side yard: minimum 100 feet.

[c] Rear yard: minimum 100 feet.

B. Riding stable.

(1) A minimum lot size of three acres, plus 1/2 acre for each additional horse over six, shall be required.

(2) All buildings used to shelter horses and all areas used to corral or pasture horses shall be at least 100 feet from all lot lines (except along roads).

(3) No new barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 200 feet to all dwellings, except the dwelling of the owner or lessee, or to all residential districts.

(4) No additions to existing barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 200 feet to all streets, property lines, district boundaries and dwellings, except the dwelling of the owner or lessee.

(5) Lot requirements shall be as follows:

(a) Area: minimum three acres.

(b) Width: minimum 250 feet.

(c) Impervious cover: maximum 15%.

(d) Height: maximum 35 feet.

(6) Yard requirements shall be as follows:

(a) Front yard: minimum 60 feet.

(b) Side yard: minimum 100 feet.

(c) Rear yard: minimum 100 feet.

§ 180-103.1 General agricultural uses.

A. Animal husbandry.

(1) A minimum lot size of three acres shall be required.

(2) All buildings used to shelter hoofed animals and all areas used to corral or pasture hoofed animals shall be at least 100 feet from all lot lines (except along roads).

(3) No new barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 200 feet to all dwellings, except the dwelling of the owner or lessee, or to all residential district boundaries.

(4) No addition to existing barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 200 feet to all streets, property lines, district boundaries and dwellings, except the dwelling of the owner or lessee.

(5) Lot requirements shall be as follows:

(a) Area: minimum three acres.

(b) Width: minimum 250 feet.

(c) Impervious cover: maximum 15%.

(d) Height: maximum 35 feet.

(6) Yard requirements shall be as follows:

(a) Front yard: minimum 60 feet.

(b) Side yard: minimum 100 feet.

(c) Rear yard: minimum 100 feet.

(7) Animal density: maximum (see table below):

	General Agriculture Standards Animal Density Example Calculations Animal Units Per Acre (.5, 2.0)
	Lot Size Example (acres)	Animal Units Per Acre	Cattle (1,200 lbs./animal)	Swine (300 lbs./animal)	Sheep/Goats (200 lbs./animal)	Poultry (4 lbs./animal)	Rabbits (5 lbs./animal)
	3	.5	1	5	7	375	300
	5	.5	2	8	12	625	500
	10	2	2	67	100	5,000	4,000
	15	2	25	100	150	7,500	6,000
	20	2	34	134	200	10,000	8,000
			(1.7 cattle/acre)	(6.7 swine/acre)	(10 sheep/acre)	(500 poultry/acre)	(400 rabbits/acre)

§ 180-103.2 Intensive agricultural uses.

A. Greenhouse.

(1) Lot requirements shall be as follows:

(a) Area: minimum five acres.

(b) Width: minimum 200 feet.

(c) Impervious cover: maximum 60%.

(d) Building: maximum total floor area 25,000 square feet.

(e) Height: maximum 50 feet.

(2) Yard requirements shall be as follows:

(a) Front yard: minimum 25 feet.

(b) Side yard: minimum 25 feet.

(c) Rear yard: minimum 25 feet.

(3) Exception. Special side or rear yards shall be required abutting any residentially zoned land. These yards shall be a minimum of 75 feet. This yard shall contain a planting screen as specified in § 180-97A and B.

B. Animal husbandry.

(1) A minimum lot size of 10 acres shall be required.

(2) A maximum of five animal units per acre is permitted.

(3) All buildings used to shelter hoofed animals and all areas used to corral or pasture hoofed animals shall be at least 50 feet from all lot lines (except along roads).

(4) No new barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 75 feet to all dwellings, except the dwelling of the owner or lessee, or to all residential district boundaries.

(5) No addition to existing barns, animal shelters, stables, feed yards or manure storage areas will be located closer than 75 feet to all streets, property lines, district boundaries and dwellings, except the dwelling of the owner or lessee.

(6) Lot requirements shall be as follows:

(a) Area: minimum 10 acres.

(b) Width: minimum 250 feet.

(c) Impervious cover: maximum 60%.

(d) Height: maximum 50 feet.

(7) Yard requirements shall be as follows:

(a) Front yard: minimum 50 feet.

(b) Side yard: minimum 50 feet.

(c) Rear yard: minimum 50 feet.

(8) Exception. Special side or rear yards shall be required abutting any residentially zoned land. These yards shall be a minimum of 100 feet. This yard shall contain a planting screen as specified in § 180-97A and B.

(9) Animal density: maximum (see table below):

	Intensive Agriculture Standards Animal Density Example Calculations Animal Units Per Acre (5)
	Lot Size Example (acres)	Animal Units Per Acre	Cattle (1,200 lbs./animal)	Swine (300 lbs./animal)	Sheep/ Goats (200 lbs./animal)	Poultry (4 lbs./animal)	Rabbits 5 lbs./animal)
	10	5	42	167	250	12,500	10,000
	20	5	84	334	500	25,000	20,000
	25	5	105	417	625	31.250	25,000
			(4.2 cattle/acre)	(16.7 swine/acre)	(25 sheep/acre)	(1,250 poultry/acre)	(1,000 rabbits/acre)

(10) Additional regulations.

(a) A nutrient management plan shall be prepared and approved under the guidelines of Title 25, Chapter 83, Subchapter D, Pennsylvania Code for all intensive agriculture uses. An approved copy shall be submitted to the Township.

(b) Solid and liquid waste shall be disposed of daily in a manner to avoid creating insect or rodent problems or public nuisance.

(c) Applicant shall meet the standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity.

(d) All liquid waste and/or sewage disposal shall be in compliance with the standards approved by local, state and/or federal regulatory agencies.

(e) All intensive agriculture uses and activities shall be reviewed by the Northampton County Cooperative Extension.

(f) An odor abatement plan shall be prepared and show the ability to abate or reduce odors to a minimum or to allow odors at times that there would be minimal interference to neighbors.

(g) A pesticide management plan shall be prepared and show the ability to store, handle and apply products to control pests and undesirable vegetation and to show how surface waters and groundwaters will be protected.

§ 180-104 Gas stations and repair shops.

A. Gasoline fuel pumps shall be at least 25 feet from any required street right-of way and at least 100 feet from any residential property line or residential district.

B. All motor vehicle parts and dismantled vehicles shall be located within a building. All outdoor refuse shall require a planting screen which screens these areas from streets and surrounding uses.

C. Outdoor paint-spraying or body and fender work shall not be permitted.

D. Motor vehicles taken to a service station or a garage for outside storage because of an accident or repair may remain without repairs being initiated no longer than 15 days from the initial date. Outdoor storage of automobiles and other vehicles shall be located in back of the front building line and shall be no closer than the side and rear yard requirements in the district. The perimeter of all storage areas shall be surrounded by a buffer yard.

E. Lot requirements shall be as follows:

(1) Area: minimum 40,000 square feet.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 50%.

(4) Height: maximum 35 feet.

F. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.[1]

[1] Editor’s Note: Former § 180-104.1, Advertising signs, which immediately followed, was repealed 3-6-2019 by Ord. No. 2019-01.

§ 180-105 Salvage and storage areas.

A. Additional requirements.

(1) No part of any street right-of-way, sidewalk or other areas intended or designed for pedestrian use, required parking areas and required yards and buffer yards shall be occupied by outside storage or display.

(2) No hazardous or toxic materials or organic materials shall be stored outside.

(3) The burning or incineration of vehicles or junk shall be prohibited, unless burning is done in an enclosed incinerator approved by the Department of Environmental Protection.

(4) Outside storage shall require a buffer yard and security fence around the perimeter of the storage area.

(5) No storage shall be allowed in drainageways.

B. Lot and requirements shall be as follows:

(1) Area: minimum three acres.

(2) Width: minimum 250 feet.

(3) Impervious cover: maximum 30%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-106 Planned office and laboratory parks.

A. General. It is the intent of this use to provide for a planned office and laboratory park.

B. Additional requirements. An office and laboratory park shall:

(1) Provide a high-quality, low-density, campus-like area for the purposes of office, education, research and development.

(2) Provide buffer yards between the park and surrounding uses.

(3) Show compliance with the comprehensive plan for that plan.

(4) Have public water and sewer.

(5) The distance of the closest point between any two buildings or groups of attached buildings shall be not less than the height of the tallest building but no less than 30 feet.

C. Lot and requirements shall be as follows:

(1) Area: minimum 10 acres.

(2) Width: minimum 400 feet.

(3) Building coverage: maximum 15%.

(4) Impervious cover: maximum 30%.

(5) Height: maximum 50 feet (no more than three floors).

D. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 50 feet.

(3) Rear yard: minimum 75 feet.

§ 180-107 Cemeteries.

A. Additional requirements.

(1) A description of hours and use and provisions for security shall be submitted.

(2) A buffer yard shall separate the perimeter of the property from adjoining properties.

B. Lot requirements shall be as follows:

(1) Area: minimum five acres.

(2) Width: minimum 150 feet.

(3) Impervious cover: maximum 10%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 60 feet.

(2) Side yard: minimum 40 feet.

(3) Rear yard: minimum 60 feet.

§ 180-108 (Reserved)

§ 180-109 Industrial uses.

A. General. Any proposed use not listed in Article XIV shall be considered to be not permitted.

B. Additional site plan requirements. A project narrative shall be required and shall include the following:

(1) Owner of the facility and contact person.

(2) Products to be manufactured and raw materials being used.

(3) Type of machinery to be used.

(4) Hours of operation.

(5) Procedures for emergencies, hazards and accidents.

(6) Documentation indicating compliance with all applicable requirements.

C. Additional requirements.

(1) Adequate water and sewage are required.

(2) A buffer yard is required around the perimeter, except where it abuts another industrial use.

(3) Adequate access to a collector or an arterial roadway is required.

(4) All requirements of Article XVI shall be met.

D. Lot requirements shall be as follows:

(1) Area: minimum four acres.

(2) Width: minimum 300 feet.

(3) Building coverage: maximum 30%.

(4) Impervious cover: maximum 60%.

(5) Height: maximum 50 feet.

E. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 50 feet.

(3) Rear yard: minimum 50 feet.

F. Additional requirements applying to extraction and processing of natural resources, landfills and waste disposal facilities and waste transfer and recycling facilities.

(1) If a landfill or waste disposal facility will require land development approval under the Lower Saucon Township Subdivision and Land Development Ordinance[1] and a permit from the Pennsylvania Department of Environmental Protection, it is not subject to the site plan approval process and requirements of this Article XVII or any other article or provision contained in Chapter 180.

[Added 8-30-2023 by Ord. No. 2023-05[2]]

[1] Editor's Note: See Ch. 145, Subdivision and Land Development.

[2] Editor's Note: This ordinance also provided for the renumbering of Subsection F(1) and (2) as Subsection F(2) and (3), respectively.

(2) Additional site plan requirements. Plans and data supporting the zoning permit application shall be prepared and submitted, which includes the following.

(a) A project narrative shall be expanded to include:

[1] The owner of the facility and contact person for the development and operation phases of the facility.

[2] Material to be extracted or disposed of and the method of extraction, processing and/or disposal.

[3] The type of machinery to be used during the facilities' development and operation and their noise levels.

[4] The estimated length of economic life of the facility.

[5] The location and proximity to the processing and storage facility.

[6] An explanation of the permitting process and status with other agencies, state and federal.

[7] The wind direction, by percentage of time, and effects it may have on site development, operations and surrounding neighborhoods.

[8] An explanation of need and timing of explosives, if any.

[9] The hours of operation.

[10] Procedures for emergencies, hazards and accidents.

[11] The ultimate use and ownership of the site after completion of extraction or disposal.

[12] The existing ground cover and restoration ground cover.

(b) The site plan shall show the following additional items pertaining to the development and operation of the site:

[1] Final grading by contours, in two-foot intervals.

[2] The interior road system proposed for the site, including ingress and egress points, and their relation to local and state roads and railroad crossings.

[3] Sources of water, water needed for development and operation of the site or facility, the effect on the groundwater table and methods of disposing of drainage and excess water accumulated during the course of operation.

[4] Treatments for mitigating noise, dust, glare and vibration.

[5] Landscaping, buffering, embankment height, methods of drainage and erosion control.

[6] A copy of all Department of Environmental Protection and other applicable agencies' permit information, including but not limited to applications, review comments, terms and conditions of permits.

[7] Fencing proposed.

[8] Proposals for groundwater monitoring testing and environmental protection.

(3) Standards.

(a) Landscaping and screening.

[1] An earthen berm shall be placed no closer than 50 feet to all adjacent uses around the perimeter of a surface mine, landfill, waste disposal facility, waste transfer facility or recycling facility. No surface mine, landfill, waste disposal facility, waste transfer facility or recycling facility activities shall be conducted less than 100 feet from a property boundary line; within 100 feet of the outside line of a required right-of-way of any public road; within 300 feet of an occupied dwelling house or commercial or industrial building, unless released by the owner thereof; nor within 300 feet of any public building or public park or historic structure built prior to 1920; nor within 100 feet of any cemetery or the bank of any stream.

[2] The berm shall have a minimum height of six feet and a maximum height of 30 feet above grade or ground level. The slope of the sides of the berm shall not exceed a ratio of two horizontal to one vertical. Berms shall be planted and erosion control measures shall be taken as may be approved by the United States Conservation Service.

[3] The buffer yards and screening portion of this chapter shall be applied to the proposed development of a processing facility.

[4] The Township Council may determine that the existing features may be acceptable substitute for these required berms screening and buffers. However, supplemental plantings may be required as a condition of site plan approval.

(b) Fencing. A security fence shall be required around the perimeter of the surface mine, landfill, waste disposal, waste transfer or recycling activities at a point no closer than the required yard dimension to a lot line, and it shall be 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.

(c) Internal circulation. An adequate internal circulation pattern of streets shall be maintained between the surface mining sites and processing areas. Use of public streets shall not be permitted for hauling between surface mine sites and processing areas. Access shall be regulated in accordance with Chapter 145, Subdivision and Land Development.

(d) Slope of excavation. The quarry walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.1 et seq.) and the rules and regulations adopted pursuant thereto. In no event shall the top of the slope of excavation be closer than 300 feet to the center line of any street or 200 feet to the boundary of a district in which extraction is not permitted.

(e) Lateral support. All 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.

(f) Drainage. All drainage from the site of extractive operations shall be controlled by dykes, 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.

(g) Control of vibration. No ground vibration caused by blasting or machinery shall 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 (see also 71 P.S. § 751-35), with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line or at the center of any street.

(h) Site reclamation. Upon completion of extraction of minerals or upon cessation of operation for a period of more than 18 months, the site shall be reclaimed to a condition that is nonhazardous and does not result in environmental or neighborhood degradation.

G. Natural resource mitigation alternative. An applicant proposing to develop an industrial use within the Light Industrial Zoning District shall be exempt from the natural resource protection rates in § 180-95B and be permitted to exceed the net buildable site area permitted by § 180-95C(2)(c) (Permitted net buildable site area), utilizing a greater area of natural resource protection land than would be otherwise permitted by the resource protection standards contained in § 180-95 herein (Excess resource utilization), provided the applicant dedicates to the Township for preservation an amount of land equal to the excess resource utilization in accordance with the following requirements:

[Added 8-30-2023 by Ord. No. 2023-05]

(1) The excess resource utilization shall be the difference between the resource protection land calculated by the resource protection land formulas in § 180-95C(2)(b) (Resource protection land) and the applicant's proposed resource protection land [which is the difference between the base site area pursuant to § 180-95C(2)(a) and applicant's proposed buildable site area] (Proposed resource protection land). The applicant shall be permitted to dedicate land in excess of what is required if accepted by the Township.

(2) The applicant shall provide drawings and calculations clearly showing the resource protection land, the proposed resource protection land, applicant's proposed buildable site area, and the excess resource utilization, and noting that it proposes to develop the use in accordance with this Subsection G.

(a) An additional plan sheet showing the limits of proposed buildable area and total acreage of existing environmentally protected lands is required.

(b) Calculations shall be included on the plans that accurately reflect the permitted net buildable site area, the resource protection land, the base site area, the proposed resource protection land, the excess resource utilization, and the minimum amount of land that is required to be dedicated pursuant to this Subsection G.

(3) The land proposed for dedication does not need to contain the same environmental resources as those resource protection lands on the subject property.

(4) The land proposed for dedication shall be located within the municipal boundaries of Lower Saucon Township, shall not be within an industrial or commercially zoned area, and shall not contain any natural or man-made features that are inconsistent with the Township's Open Space Action Plan and policies.

(5) The land shall be offered for dedication to the Township in either fee simple or via a conservation easement that is acceptable to the Township Council.

(6) With the approval of the Township Council, land that is currently occupied by a use, but that contains significant natural or historic resources, may be considered for dedication to the Township.

(7) If the applicant demonstrates that, after a good faith effort, it was unable to obtain, on commercially reasonable terms and conditions, any or enough property for dedication pursuant to this subsection, the applicant may meet the requirements of this Subsection G by submitting a fee-in-lieu of dedication in accordance with the calculations in the Lower Saucon Township Subdivision and Land Development Ordinance, § 145-51E, with the "tract" referenced in § 145-51E therein to mean, for purposes of this § 180-109G, the number of acres required to be dedicated pursuant to the calculation in § 180-109G(1). The applicable calculated fee-in-lieu of dedication shall only be used by the Township for the purposes authorized by the Township's Open Space Plan.

(8) An applicant choosing to develop an industrial use in accordance with this Subsection G shall demonstrate and make the required dedication and/or fee-in-lieu of dedication payment prior to final land development approval by the Township Council.

§ 180-110 Lodging.

A. Bed-and-breakfasts.

(1) Bed-and-breakfast homes shall have a minimum lot size of 40,000 square feet.

(2) No more than five guest rooms shall be provided and no more than two adults and two children may occupy one guest room.

(3) One off-street parking space shall be provided for each guest room.

(4) At least one full bathroom, separate from the host family's bathroom, shall be provided for every three guest rooms.

(5) There shall be no use of show windows or any type of display or advertising visible from outside the premises.

(6) No external alterations or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.

(7) The use shall be carried on by members of the immediate family, who must reside on the premises.

(8) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.

(9) The use may not be established until there is compliance with all Township rules and regulations.

(10) Any property proposed for a bed-and-breakfast home which has an on-lot sewage facility shall have its permit reevaluated as being adequate in accordance with local and state regulations. New facilities may be required to be installed meeting current regulations.

(11) The Fire Chief shall inspect the facility for familiarity and general comment.

(12) A floor plan shall be submitted with the site plan.

B. Hotels and motels.

(1) Additional requirements.

(a) No structure, except a permitted sign and parking areas, shall be nearer any lot line than 50 feet.

(b) A buffer yard is required around the perimeter of the site except for entrance and exit drives.

(c) All lighting shall be shielded so as not to shine on abutting properties and highways.

(2) Lot requirements shall be as follows:

(a) Area: minimum 80,000 square feet.

(b) Width: minimum 250 feet.

(c) Building coverage: maximum 30%.

(d) Impervious cover: maximum 50%.

(e) Height: maximum 50 feet.

(3) Yard requirements shall be as follows:

(a) Front yard: minimum 50 feet.

(b) Side yard: minimum 50 feet.

(c) Rear yard: minimum 50 feet.

§ 180-111 Club, lodge or social building (private).

A. Additional requirements. Documentation stating the following shall be submitted:

(1) The club will serve a purely social, religious, athletic or community service purpose;

(2) It will be operated on a membership basis and not conducted as a business; and

(3) The operation of such membership club will not cause or create a nuisance to adjoining properties or the general neighborhood by reason of noise or traffic.

B. Lot requirements shall be as follows:

(1) Area: minimum three acres.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 35%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 40 feet.

(3) Rear yard: minimum 40 feet.

D. Special requirements for shooting ranges.

(1) A buffer yard and security fence is required around the perimeter of the shooting range.

(2) Warning signs shall be posted in a clear and unobstructed manner along the perimeter of the property at distances no more than 50 feet apart. Such signs shall be at a minimum of one square foot in area.

(3) No projectile, including but not limited to bullets, pellets and arrows, shall be propelled in such a manner or in such a direction as to cause the projectile to leave the secured range area.

(4) Discharge of firearms or propelling of projectiles shall be confined to firing or target ranges approved by the Township Council upon recommendation of the Chief of Police and Zoning Officer and shall be equipped with adequate backstops and safety fences following the latest requirements of the National Rifle Association.

§ 180-112 Commercial recreation.

A. Additional requirements.

(1) No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

(2) No lighting shall be permitted which will shine on adjacent property.

(3) A buffer yard is required around the perimeter of the site.

B. Lot requirements shall be as follows:

(1) Area: minimum three acres.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 35%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-113 Golf courses.

[Amended 2-17-2016 by Ord. No. 2016-01]

A golf course use is either a publicly or privately owned and operated athletic field established and maintained for the primary purpose of playing the sport of golf. Golf courses may also be combined with single-family residential uses and may also have a number of nonresidential accessory uses to support the main use. All uses associated with the golf course must meet the requirements herein. Where there is conflict in regulations between the zoning district and this section, the regulations contained herein will take precedence.

A. General requirements.

(1) Minimum tract size: 100 acres. Tract acreage may consist of one or multiple contiguous parcels and may only be separated by a legal right-of-way, casement, or natural resource.

(2) No nonresidential building may be located closer than 50 feet to any tract boundary. Residential uses developed as a portion of the golf course shall be set back a minimum distance of 30 feet from any tract boundary.

(3) A twenty-foot planted, landscape buffer shall be installed between any on-site residential uses and any adjacent off-site residential use or district.

(4) Maximum building height: 35 feet.

(5) Maximum impervious surface ratio (for entire tract): 25%.

(6) Golf courses that include a residential component shall consist of a minimum of 18 holes. Golf courses without a residential component may consist of a lesser number of holes.

(7) A pesticide management plan shall be prepared and demonstrate the ability to store, handle and apply products to control pests and undesirable vegetation and to demonstrate how surface water and groundwater will be protected.

(8) If the golf course use contains a residential component, then the applicant shall provide assurance to the Township, through deed restriction, conservation casement, or other method, that the golf course property will remain as open space in perpetuity should the golf course use cease to exist or function as a golf course.

(9) Adequate parking, meeting the applicable ordinance requirements, must be provided in the immediate vicinity of the associated use. Nonresidential parking requirements may not be met through the utilization of on-street parking within associated residential areas.

(10) Pedestrian circulation shall be provided internal to the site to connect the various elements within the golf course development.

B. Golf course nonresidential accessory use requirements.

(1) The following nonresidential uses are permitted only as accessory uses to the golf course:

(a) Clubhouse.

(b) Recreation / wellness / fitness center.

(c) Pro shop / recreational retail.

(d) Guest suites.

(e) Spa.

(f) Swimming pool / hot tub.

(g) Administrative offices.

(h) Business center / meeting rooms.

(i) Restaurants (excluding drive-throughs).

(j) Banquet facilities.

(k) Recreational facilities / driving range.

(l) Maintenance and utility buildings or areas.

(m) Cart paths, walking paths, trails.

(n) Stormwater management areas.

(o) Other customary accessory uses, as approved by the Township Council.

(2) All nonresidential uses shall be owned and operated by the same business entity or association as the primary golf course use.

(3) Parking requirements, in addition to those required for the primary golf course use, are as follows:

(a) Clubhouse, spa, and recreational uses: One space per 300 square feet of gross floor area.

(b) Restaurants and banquet facilities: One space per three seats.

(c) Guest suites: One space per bed.

(d) Offices and meeting rooms: One space per 200 square feet of gross floor area.

(e) Retail uses: One space per 100 square feet of gross floor area.

(4) Loading spaces, docks, refuse areas, and outdoor storage of yard waste or landscape materials shall be provided to the side, rear, or below the building and shall be completely shielded from view of any adjacent residential use or structure through the use of screening materials, fencing, landscaping, and/or berming.

C. Golf course residential use requirements

(1) Single-family residential uses permitted with the golf course use:

(a) Single-family, detached.

(b) Single-family, duplex.

(c) Single-family, attached.

(2) The permitted density shall be determined by the site capacity calculations for the entire tract as contained in § 180-95C.

(3) Minimum open space: 50%.

(4) Residential lot requirements:

	Dwelling	Lot Size (square feet)	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)
	Single-family, detached	8,000	75	25	12	25
	Single-family, duplex	6,000	50	25	0 / 10	25
	Single-family, attached	4,000	24	20	0 / 12	25

(5) Parking requirements: 3 off-street spaces per dwelling unit.

(6) All residential units shall be served by public water and sewer.

(7) Should the applicant choose to establish a homeowners' association to manage common areas, private street, maintenance, etc., all proposed association documents; covenants, conditions, and restrictions, etc, shall be submitted to the Township for review and approval.

§ 180-114 Outdoor theaters.

A. Additional requirements.

(1) A buffer yard shall be required around the perimeter of the lot. Said buffer yard, in addition to the provisions of § 180-97C, shall be at least 10 feet in height and opacity to prevent viewing of the screen from adjacent properties or roadways and shall be sited in a manner and of a density to prevent patrons' automobile lights from shining on adjoining properties or roadways.

(2) The ticket booth shall be sited per § 180-98E and set back from the required road right-of-way. Sufficient queuing area shall be available between the cartway and ticket booth to prevent cars from backing onto the public right-of-way. An estimate of the maximum number of waiting cars shall accompany the application for a permit.

(3) The maximum height of any building or structure on the site shall be 35 feet, except for the movie screen. No portion of the movie screen above 35 feet shall be occupied for any use but maintenance.

B. Lot requirements shall be as follows:

(1) Area: minimum five acres.

(2) Width: minimum 500 feet.

(3) Impervious cover: maximum 50%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-115 Conversion dwelling units.

A. The lot area per dwelling unit shall not be reduced to less than the amount stated for the district in which the dwelling is located.

B. The yard, impervious cover, off-street parking and other applicable requirements for the district shall apply for each dwelling unit, as applicable.

C. No structural alteration of the building exterior shall be made except as may be necessary for purposes of meeting local or state health and safety standards.

D. The floor area per dwelling unit shall not be less than 450 square feet. Adequate capacity of sewer and water shall be as required by this chapter or other applicable Township or state regulations.

E. Parking for each dwelling shall be pursuant to § 180-98A.

§ 180-116 Single-family cluster developments.

[Amended 8-17-2005 by Ord. No. 2005-06]

A. General.

(1) Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features not protected by other regulations, park land, recreational facilities, community facilities, historic sites or other public uses.

(a) All single-family detached dwelling units within a cluster development shall include front, rear and side yards.

(b) The tract of land to be developed shall be a minimum of 10 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan.

(c) All dwelling units shall be served by a public water system, except in the RA and R80 Zoning Districts. Dwellings proposed in the RA and R80 Zoning Districts may be served either by a public water system, or by individual, privately owned, on-lot wells.

[Amended 12-7-2005 by Ord. No. 2005-09]

(d) In the R40, R20, R12, UR and VC Zoning Districts, all dwelling units shall be served by a public sewage disposal system.

(e) In the RA and R80 Zoning Districts, all dwellings shall be served either by individual on-lot sewer systems, or by a public sewage disposal system.

(f) Street/roadway design.

[1] All streets within a cluster development shall be constructed with a minimum right-of way width of 60 feet.

[2] Within this right-of-way, a cartway shall be constructed with a minimum width of 28 feet, or at the discretion of the Township Council.

[3] Street trees shall be provided at a minimum distance of 50 feet on center along both sides of all streets and shall be placed a minimum distance of five feet and a maximum distance of eight feet from the edge of the cartway. All street trees shall be planted in accordance with the regulations and standards in Chapter 145, Subdivision and Land Development.

(2) Open space.

(a) Areas set aside for open space shall be part of the same tract as the proposed cluster development, be suitable for the designated purpose and shall be consistent with the future land use plan policies of the Township. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.

(b) Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. It shall be incumbent upon the applicant to demonstrate that the open space configuration meets the intent of the cluster philosophy and the goals of the Township and is compatible with the surrounding areas.

(c) Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction, conservation easement or agreement acceptable to the Township Council and duly recorded in the Northampton County Recorder of Deeds Office.

(d) Open space shall be offered for dedication to Lower Saucon Township, which shall have the sole discretion to accept the open space. If the open space is not accepted for dedication by the Township, the land owner/developer shall provide such material as required to establish the method by which the open space shall be perpetuated, maintained and administered. The approval of the final plan of subdivision and/or land development and other materials submitted therewith shall be construed as a contract between the land owner(s) and the Township, and shall be noted on all applicable deeds.

(e) Required open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Council.

(f) A portion of the open space must be potentially usable for recreation land in accordance with § 145-51D of Chapter 145, Subdivision and Land Development. Recreation land shall not include natural features with an 80% or greater protection standard or any portion of those natural features that may not be developed as specified in § 180-95, Environmental protection standards. Exceptions to these standards are recreation areas mapped in the Municipal Open Space and Recreation Plan. Recreation land may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.

(g) Open space designation. All land held for open space shall be so designated on the subdivision and land development plans. Such plans shall contain the following information:

[1] A statement that the open space land shall not be separately sold or further subdivided, except for transfer to the municipality or a conservation organization approved by the municipality. And, a statement that the open space land shall not be further developed, except for recreational facilities.

[2] The use(s) of the open space shall be indicated on the plans. In designating the use(s), one or more of the following classes shall be used:

[a] Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);

[b] Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink and other animals likely to produce highly offensive odors.

[c] Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required open space land.

[Amended 12-7-2005 by Ord. No. 2005-09]

[i] "Pastureland for horses," for the purposes of this chapter, shall be defined as an area of land on which horses graze or are intended to graze. "Pastureland for horses" shall not include pastureland for any other animals and shall not exceed 40% of the minimum required open space.

[ii] Equestrian facilities, for the purposes of this chapter, shall be defined as facilities for the keeping, raising, breeding, training and boarding of horses. Equestrian facilities may contain barns, a livery, a boarding stable, and indoor and outdoor riding rinks. Equestrian facilities shall not exceed 10% of the minimum required open space.

[iii] Where pastureland for horses and/or equestrian facilities are proposed, the area devoted to these uses shall be a minimum of three acres in size, and such use shall only be permitted in accordance with the applicable regulations of § 180-103B.

[d] Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Council.

[3] The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.

[4] The plan shall note the method by which the open space shall be owned and maintained.

(h) Design standards for open space. All open space areas shall meet the following design standards:

[1] Layout of open space.

[a] The open space shall be laid out in accordance with the best principles of site design, the Lower Saucon Township Open Space Plan, and any other duly adopted open space plan. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Open space areas shall be aggregated as much as possible. Major recreation areas shall be located to serve all residents. Active recreation land is most needed in areas of highest density.

[b] A method of physically delineating private lots from common open space areas shall be provided. Such method may include shrubbery, trees, markers or other method acceptable to the municipality.

[2] Recreation land. Section 145-51D of Chapter 145, Subdivision and Land Development, requires that a portion of the open space be dedicated for recreation purposes. The following standards shall apply to the design of the recreation land:

[a] Areas set aside for active recreation purposes shall be of adequate size and configuration to accommodate the intended use. The National Recreation and Park Association Standards, standards established by a sports governing body, or standards obtained from another credible source shall be utilized to determine the exact spatial and dimensional requirements needed for a specific type of recreation area or facility.

[b] The land deemed usable for active recreation shall not include narrow or irregular pieces of land, which are remnants from lotting or the layout of streets and parking areas.

[c] The developer shall be required to improve the recreation land so that it is usable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the municipality.

[d] The slope of recreation land to be used for active play areas shall not exceed 2%. Compliance with this slope requirement may be achieved through regrading, in keeping with applicable natural resource protection standards.

[e] At least one side of the recreation land shall abut a street for a minimum distance of 50 feet.

[f] Recreation land shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.

(3) Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 145, Subdivision and Land Development.

(4) Other requirements.

(a) No portion of any building lot may be used for meeting the minimum required open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet a portion of the minimum required open space.

(b) Pedestrian and maintenance access to open space, excluding those lands used for agricultural or horticultural purposes in accordance with § 180-116A(2)(g)[2][b] herein, shall be provided in accordance with the following requirements:

[1] Each neighborhood shall provide one centrally located access point per 25 lots, a minimum of 35 feet in width.

[2] Access to open space used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

B. Density. Maximum density shall not exceed the density permitted, per § 180-95C, Site capacity calculations, based upon the calculated net buildable area, and based upon the number of lots that would be permitted as calculated for a single-family detached dwelling subdivision in the applicable zoning district.

C. Area and dimensional requirements.

(1) Single-family detached cluster dwellings:

[Amended 4-6-2011 by Ord. No. 2011-02]

Zoning District	Minimum Open Space*	Minimum Lot Area (square feet)	Impervious Coverage	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yards (feet)	Minimum Rear Yard (feet)	Maximum Building Height (feet)
RA	50%	40,000	**	200	25	25	50	35
R80	50%	40,000	**	200	25	25	50	35
R40	50%	20,000	**	100	25	20	50	35
R20	50%	10,000	**	90	25	15	25	35
R12	40%	8,000	**	80	25	12	25	35
UR	40%	6,000	**	60	25	10	25	35
VC	40%	6,000	**	60	25	10	25	35

NOTES:

* As calculated in accordance with the calculations in § 180-95C.

** See charts provided in § 180-127.3 of this Code.

(2) Single-family cluster duplex dwellings:

Zoning District	Minimum Open Space*	Minimum Lot Area (square feet)	Maximum Impervious Surface**	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard*** (feet)	Minimum Rear Yard (feet)	Maximum Building Height (feet)
R12	40%	6,000	30%	50	25	12	25	35
UR	40%	4,000	35%	40	25	10	25	35
VC	40%	4,000	35%	40	25	10	25	35

NOTES:

* As calculated in accordance with the calculations in § 180-95C.

** Based upon net buildable area, as calculated in § 180-95C.

*** Only one side yard is required to allow for the common party wall.

(3) Single-family cluster attached dwellings:

(a) No more than eight single-family attached dwellings shall be permitted in one group or structure.

(b) No single-family attached structure shall be closer than 35 feet to another single-family attached structure.

(c) Variation in roofline, facade, and setbacks is required.

(d) Lot area and dimensional requirements shall be as follows:

Zoning District	Minimum Open Space*	Minimum Lot Area (square feet)	Maximum Impervious Surface**	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard*** (feet)	Minimum Rear Yard (feet)	Maximum Building Height (feet)
R12	50%	2,000	50%	24	20	15	20	35
UR	60%	2,000	40%	24	20	15	20	35
VC	60%	2,000	40%	24	20	15	20	35

NOTES:

* As calculated in accordance with the calculations in § 180-95C.

** Based upon net buildable area, as calculated in § 180-95C.

*** One side yard is required for each end unit.

(4) Mixed residential cluster development.

(a) A mixed residential cluster development may include a mix of two or more residential dwelling unit types within a single development tract.

(b) All buildings and structures shall be designed with a unified architectural design so that buildings and structures appear to be part of an overall development.

(c) The minimum tract area shall be 20 acres.

(d) The maximum number of dwelling unit types shall be three.

(e) Mixed residential cluster developments shall only be permitted in the R12 and UR Zoning Districts.

(f) Permitted dwelling unit types shall be as follows:

[1] Single-family detached.

[2] Duplex.

[3] Single-family attached.

[4] Garden apartment.

(g) No structure shall be closer to the exterior boundary of the development tract than 50 feet, unless a more restrictive yard requirement is required per this chapter.

(h) Common household waste areas shall be provided and shall be screened and buffered with a planting screen and/or fencing.

(i) Buffer yards shall be provided around the perimeter of the site.

(j) No structure shall be longer than 200 feet in any dimension.

(k) No garden apartment building or structure shall contain more than 24 dwelling units.

(l) No single-family attached building or structure shall contain more than eight dwelling units.

(m) A minimum of one deciduous tree and three shrubs shall be provided per dwelling unit.

(n) Variation in roofline, facade and setbacks is required in the single-family cluster attached dwellings.

(o) Private roads or driveways in a mixed residential development shall be constructed to Township standards, except that no curbing is required and the minimum paved width shall be 24 feet with no parking on the road or driveway.

§ 180-117 Rental and condominium dwelling units.

A. Garden apartment (rental and/or condominium).

(1) Additional requirements.

(a) Public water and sewer are required.

(b) Waste disposal areas and parking areas require a planting screen.

(c) Buffer yards are required around the perimeter of the site, except in the required front yard.

(d) Fifteen percent of the gross area of the development shall be provided and maintained as open space/recreation area, in addition to the recreation area required by Chapter 145, Subdivision and Land Development.

(e) No single structure shall be longer than 200 feet.

(f) No single structure shall contain more than 24 dwelling units.

(g) No single garden apartment structure shall be closer than 40 feet to any other structure, except that accessory parking lots or parking garages shall be no closer than 15 feet to a single garden apartment structure.

(h) Minimum landscape stock.

[1] Garden apartment structures shall be landscaped with minimum landscape stock of one deciduous tree and three shrubs per dwelling unit.

[2] All stock is to be of nurseryman quality and in accordance with Chapter 145, Subdivision and Land Development.

(i) Private roads or driveways in an apartment complex shall be constructed to Township road construction standards, except that no curbing is required and the minimum paved width shall be 24 feet.

(j) Variations in roofline and setbacks in building facades shall be required.

(2) Lot requirements shall be as follows:

(a) Area: minimum three acres.

(b) Width: minimum 200 feet.

(c) Impervious coverage: maximum 35%.

(d) Height: maximum 37 feet and maximum three stories.

(e) Density: seven dwelling units per acre.

(3) Yard requirements shall be as follows:

(a) Front yard: minimum 50 feet.

(b) Side yard: minimum 60 feet.

(c) Rear yard: minimum 50 feet.

B. Rooming house (rental).

(1) Rooming houses shall have a minimum lot size of 40,000 square feet.

(2) No more than five guest rooms shall be provided and no more than two persons may occupy one guest room.

(3) One and one-half off-street parking spaces shall be provided for each guest room.

(4) At least one full bathroom, separate from the host family's bathroom, shall be provided for every three guest rooms.

(5) There shall be no use of show windows or any type of display or advertising visible from outside the premises.

(6) The nature and character of the building shall be in keeping with the surrounding neighborhood. No external alterations or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.

(7) The use shall be carried on by members of the immediate family, who must reside on the premises.

(8) There shall be no separate kitchen or cooking facilities in any guest room.

(9) The use may not be established until there is compliance with all Township rules and regulations.

(10) Any property proposed for a rooming house which has an on-site septic facility shall have its permit reevaluated as being adequate in accordance with local and state regulations and/or an on-site water facility shall provide a certification from a professional engineer, experienced in groundwater hydrology, indicating that the facility can provide the quality and quantity of water per § 180-100 of this chapter.

(11) A floor plan shall be submitted with the site plan.

§ 180-118 Residential group homes.

[Amended 11-16-2016 by Ord. No. 2016-05]

Each group home shall meet the following requirements:

A. There shall be at least one room to serve as a gathering space which shall not have less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at a rate of 50 square feet for each occupant in excess of two.

B. There shall be twenty-four-hour supervision by people qualified by training and experience in the field for which the group home is intended.

C. Each group home shall be approved for all applicable federal, state, county, and municipal licenses and permits.

D. Each group home shall be operated so that all medical, counseling, or other services are provided for the sole benefit of those persons inhabiting the facility.

E. Any exterior changes shall be generally compatible with the surrounding properties in the neighborhood, except for those local, state, or federal health or safety requirements which cannot be modified to be compatible.

F. Off-street parking shall be in accordance with § 180-98.

G. Each group home shall provide adequate water and sanitary sewer.

§ 180-119 Residential dwelling units.

A. Manufactured homes.

(1) For the purpose of this chapter, a manufactured home is considered a single-family home and is a permitted use in all zones allowing single-family homes if all transportation-related appendages, including wheels, axles, tow hitch and running lights, are removed and the manufactured home is secured to a permanent foundation.

(2) If such a manufactured home is not so modified, it is allowed only in a Mobile Home District.

B. Mobile home parks.

(1) Additional site plan requirements. The site plan shall show the location and proposed improvements for recreation area.

(2) Additional requirements.

(a) Public water and sanitary sewer are required.

(b) A buffer yard is required around the perimeter of the site.

(c) A planting screen is required between the rear yards of adjacent mobile homes.

(d) An enclosure shall be erected around the entire base of the mobile home. It should be ventilated to inhibit decay and deterioration.

(e) Mobile homes shall be placed on a prepared site and securely fastened to ground anchors per instructions in the owner's manual.

(f) No direct access shall be allowed from an individual mobile home site in a mobile home park to a public road.

(g) No on-street parking shall be permitted.

(h) A recreation area of not less than 10% of the gross area of the mobile home park shall be set aside for a usable recreation area. Recreation facilities shall be improved and maintained to allow for both passive and active recreation.

(i) All utilities shall be placed underground.

(j) A minimum of two fire hydrants capable of providing the minimum fire-fighting flow rate shall be provided within 600 feet of all mobile homes.

(k) Mobile homes shall be separated from each other and from other buildings and structures by at least 30 feet.

(l) No mobile home or building shall be placed within 50 feet of any mobile home park property line.

(m) Mobile home parks shall be submitted and reviewed as a subdivision or land development under Chapter 145, Subdivision and Land Development.

(n) Mobile home park street system. Within the mobile home park, all streets shall be owned and maintained privately. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads. Access to mobile home parks shall be designed to minimize congestion and hazards at each entrance or exit and allow free movement of traffic on adjacent streets. Within the mobile home park, safe and convenient vehicular access to each mobile home shall have a minimum road pavement width of 40 feet but otherwise shall be designed and built to Township standards for local roads. Alignment and grading shall be properly adapted to topography as approved by the Township.

(o) Required off-street parking areas. Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two car spaces for each mobile home lot. Required car parking space shall be so located as to provide convenient access to the mobile home but shall not exceed a distance of 100 feet from the mobile home that it is intended to serve. Further, no-parking fire zones should be provided at periodic intervals to allow emergency access to structures. Such zone location and arrangement shall be subject to review and approval of the Township.

(p) Walks. All mobile home parks shall be provided with safe, convenient all-season pedestrian walks of ID-2 bituminous concrete or portland cement concrete of a depth and width approved by the Township, between individual mobile homes, streets and all community facilities provided for residents. Sudden changes in alignment and grade shall be avoided. If the walks are to be constructed in a right-of-way to be dedicated to the Township, portland concrete shall be required. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet. All mobile home lots shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of 2 1/2 feet.

(q) All storm drainage, sanitary sewer and water system improvements shall be done in accordance with Township standards, even though they may be privately owned.

(r) The density of individual mobile homes within a mobile home park shall not exceed four dwelling units per acre.

(s) No mobile home lot within a mobile home park shall be smaller than 6,000 square feet in area.

§ 180-120 Convenience shopping centers.

A. Additional requirements.

(1) Any development in a shopping center shall provide initially for the construction of either a minimum of 4,000 square feet of ground floor area or a minimum of two retail, personal service or walk-in office uses which are permitted uses.

(2) All buildings shall be arranged in a group or in groups, and the distance at the closest point between any two buildings or groups of attached buildings shall be not less than two times the height of the tallest building or 30 feet minimum.

(3) Parking, loading and service areas shall be located entirely within the confines of the lot and shall be physically separated from public streets.

(4) The major accessway to a convenience shopping center shall be from an arterial or collector street.

(5) All utility lines servicing this area shall be placed underground.

(6) Pedestrian safety islands shall be required at the end of alternate parking bays. Each island shall be at least 300 square feet in area. Such islands shall be landscaped and designed to provide a safe area for pedestrians to wait prior to crossing vehicular traffic lanes; lighting standards may be incorporated in the design.

(7) A buffer yard shall be provided along the side and rear yards.

(8) If the development of the center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this section and the intent of this chapter shall be fully complied with at the completion of any stage.

(9) No storage of materials, equipment or goods shall be permitted outside a building unless they are located within a storage area surrounded by a planting screen and located outside of any required yard.

B. Lot requirements within the GB Zone shall be as follows:

[Amended 3-22-2023 by Ord. No. 2023-01]

(1) Area: minimum five acres.

(2) Width: minimum 400 feet.

(3) Impervious cover: maximum 60%.

(4) Building coverage: maximum 30%.

(5) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 50 feet.

(3) Rear yard: minimum 50 feet.

§ 180-121 Hospital and extended-care facilities.

A. Additional requirements.

(1) A buffer yard shall be provided around the perimeter of the site.

(2) The use shall be served with a centralized sewage disposal system and a centralized water supply system.

(3) Access to the site shall be from a collector or arterial road.

(4) Additional site plan requirements. The following shall be included with the site plan:

(a) An emergency response plan, reviewed and approved by emergency service personnel.

(b) An impact statement, addressing all general requirements of Article XVI and additional requirements of Article XVII.

B. Lot requirements shall be as follows:

(1) Area: minimum three acres.

(2) Width: minimum 200 feet.

(3) Impervious coverage: maximum 30%.

(4) Height: maximum 50 feet (maximum three floors).

(5) Density: maximum 15 beds per acre.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 60 feet.

(2) Side yard: minimum 40 feet.

(3) Rear yard: minimum 60 feet.

§ 180-121.1 Residential hospice facility.

[Added 1-21-2004 by Ord. No. 2004-01

A. Additional requirements.

(1) The use shall be served by public water and public sewer.

(2) The use shall be on a lot located along a major arterial street or a collector street within 2,000 feet of a major arterial street.

(3) Screening consisting of an eight-foot-high stockade fence and/or landscaping materials a minimum of eight feet in height at the time of planting shall be placed along all side and rear yards abutting single-family residential uses; said screening, however, need not extend any further toward a street or road abutting the front yard of the property than the required front yard setback and/or the one-hundred-year floodplain, whichever is greater, satisfactory to the Township Council.

(4) Parking shall comply with the requirements of a hospital or nursing home.

B. Lot requirements shall be as follows:

(1) Area: minimum four acres, net.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 25%, net.

(4) Height: maximum 35 feet.

(5) Density: maximum five beds per acre, net.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 60 feet.

(2) Side yard: minimum 40 feet.

(3) Rear yard: minimum 60 feet.

§ 180-122 Drug rehabilitation centers; mental health facilities.

A. General. A drug and/or mental health treatment center shall be located within an area readily accessible to existing emergency services and other required public utilities and services. Its size shall not exceed the capabilities of emergency and other public services.

B. Additional requirements.

(1) The size of said facility shall be no more than 20 resident patients.

(2) Services provided on site shall be provided to resident patients only.

(3) Access to the site shall be from a collector or arterial road.

(4) Public water and sewer service are required.

(5) A buffer yard and security fence shall be placed around the perimeter of the proposed lot.

(6) The lot or property line of a center shall not be located within 300 feet of the lot or property line of any religious structure, school, day-care facility, public library, camp or playground.

(7) The applicant is responsible to show that the existing emergency services and public utilities and services satisfy the requirements for the intended use or that the applicant has made additional provisions satisfactory to the Township for providing said services or utilities.

C. Additional site plan requirements. The following shall be included with the site plan:

(1) An emergency response plan, reviewed and approved by emergency service personnel.

(2) An impact statement, addressing all general requirements of Article XVI and additional requirements of Article XVII.

D. Lot requirements shall be as follows:

(1) Area: minimum two acres.

(2) Width: minimum 200 square feet.

(3) Impervious cover: maximum 35%.

(4) Height: maximum 35 feet (maximum two floors).

(5) Density: maximum 10 patients per acre.

E. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-123 Public utility facilities.

A. All equipment shall be enclosed in a building or buffer yard with a security fence.

B. Provision shall be made for off-street areas for parking and servicing all facilities.

C. Lot area and yards shall comply with requirements of the zone in which the proposed use is located, except that the Zoning Hearing Board may allow lesser lot area requirements if additional area is not needed for the proposed use and all other provisions of this chapter are satisfied.

§ 180-124 Adult-oriented establishments.

A. Additional requirements. An adult-oriented establishment shall meet the following requirements:

(1) The lot or property line of such establishment shall not be located within 1,000 feet of any residential district.

(2) The lot or property line of such establishment shall not be located within 1,000 feet of the lot or property line of any church, public or private school, day-care facility, public library, camp or playground, community center or park.

(3) The lot or property line of such establishment shall not be located within 1,000 feet of the lot or property line of another adult-oriented establishment.

(4) The lot or property line of such establishment shall not be located within 1,000 feet of a licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania.

(5) The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of an entertainment business which is oriented primarily towards children and family entertainment.

(6) There shall be no display of adult-related materials depicting specified sexual activities or specified anatomical areas that can be seen from the exterior of the building.

(7) The Zoning Hearing Board shall review as required in the site plan review and approve all exterior signs for compatibility with adjacent uses.

(8) Not more than one adult-oriented establishment or activity shall be permitted within any one building or lot, and no adult-oriented establishment shall be permitted on the same lot as any other principal use. For example, an adult-oriented establishment could not occupy one section of a warehouse or manufacturing plant.

(9) No adult-oriented establishment or activity may change to another type of adult-oriented establishment or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception.

(10) No specified sexual activity or conduct shall be performed or permitted.

(11) The Zoning Hearing Board must determine that the adult-oriented establishment:

(a) Is in general harmony with the immediate neighborhood;

(b) Does not create an atmosphere of enticement for minors; and

(c) Will not be detrimental to the public health, public safety or general welfare of the Township.

B. Lot requirements shall be as follows:

(1) Area: minimum 40,000 square feet.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 40%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-125 Government uses; schools and educational institutions; community recreational buildings and uses; semipublic and private institutions.

A. General. The site must be adequate for the proposed use. Site size and space requirements shall be in accordance with applicable state or federal standards and practice for the use proposed.

B. Additional site plan requirements. The site plan shall include the following:

(1) An emergency response plan, reviewed and approved by the appropriate emergency service personnel.

(2) An impact statement, addressing all general requirements of Article XVI and additional requirements of Article XVII.

§ 180-126 Drive-in restaurants, drive-in banks or financial offices, and car-washing services.

A. General requirements.

(1) Proposed traffic flow on the lot and ingress-egress shall not cause traffic hazards to vehicles or pedestrians.

(2) Signs and outdoor lighting shall be in accordance with specific provisions of this chapter.

(3) Public water and public sanitary sewage is required (restaurant and car wash).

(4) Access points shall be limited to one on each street abutting the lot, except where one-way operation is provided. Said access point center line shall not be closer than 175 feet to an intersection center line.

B. Lot requirements shall be as follows:

(1) Area: minimum 40,000 square feet.

(2) Width: minimum 200 feet.

(3) Impervious cover: maximum 60%.

(4) Height: maximum 35 feet.

C. Yard requirements shall be as follows:

(1) Front yard: minimum 50 feet.

(2) Side yard: minimum 30 feet.

(3) Rear yard: minimum 30 feet.

§ 180-127 Nursery schools; day-care centers.

A. An outdoor play area shall be provided which is surrounded by a buffer yard and security fence.

B. The use shall comply with any applicable county, state and federal regulations.

C. There shall be provided, at least, space for five cars to safely park while loading and unloading children, in addition to the required parking specified elsewhere in this chapter.

D. An application for a nursery school/day-care center shall include:

(1) A description of outdoor facilities, such as playgrounds, parking facilities for staff and parents and pickup and drop-off locations for the children.

(2) A plan for emergencies, which shall be submitted to the Township fire company and police and emergency squad for their review.

(3) A narrative of how children will be delivered to and taken from the center as regards traffic and pedestrian safety. The Township police shall review and comment upon the narrative.

(4) A license from the Department of Public Welfare or a letter making an approval contingent upon receipt of a zoning permit, and an approved plan from the Department of Labor and Industry for any proposed building construction, improvement or alteration, if required by the state.

§ 180-127.1 Commercial communications facilities.

[Amended 11-16-2016 by Ord. No. 2016-06]

The antennae, 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, including radio, television, microwave, or telephone. These facilities can be classified as tower-based and nontower as well as outside or inside rights-of-way and are subject to the regulations and requirements of this chapter, including, but not limited to, this section. Except, however, that no commercial communications facility shall be permitted to be mounted on a building containing one or more dwelling units.

A. Tower-based commercial communications facilities. A tower-based commercial communications facility (CCF) shall be considered any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles.

(1) General requirements for all tower-based commercial communications facilities. The following regulations shall apply to all tower-based commercial communications facilities:

(a) Standard of care. The CCF applicant shall present documentation that the tower-based CCF 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, and the Electrical Industrial Association/Telecommunications Industry Association. Certification of the design from a Pennsylvania registered professional engineer is required. Any tower-based CCF 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.

(b) Structural requirements.

[1] Any tower-based CCF structure 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 Alliance, and Telecommunications Industry Association (ANSI/EIA/TIA 222-G Code, as amended).

[2] A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall be submitted.

[3] The wireless support structure shall be designed and constructed to withstand a wind velocity of 100 miles per hour, accounting for nontower CCFs that may be colocated.

[4] A copy of the structural analysis, signed and sealed by a registered structural engineer, licensed in the Commonwealth of Pennsylvania, shall be submitted to the Township.

(c) Public safety communications. No tower-based CCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(d) Maintenance and inspection. The following maintenance requirements shall apply:

[1] Any tower-based CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[4] Maintenance of all portions of the CCF, including structures, foundations, fencing, screening, etc., shall be the responsibility of the owner.

[5] Guyed towers and other wireless support structures shall be inspected every three years and self-supporting towers/monopoles shall be inspected every five years. All towers shall be inspected after severe wind (sustained tropical storm or hurricane force winds) or ice storms or other extreme loading conditions.

[6] Inspection reports shall be prepared by a licensed professional engineer and submitted to the Township engineer for review.

(e) Radio frequency emissions. No tower-based CCF may, by itself or in conjunction with other CCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(f) Historic buildings or districts. No tower-based CCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or which has been designated by the Township as being of historic significance.

(g) Identification. All tower-based CCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

(h) Lighting and signage. No signs or lights shall be mounted on a tower-based CCF except as required by law, the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or any other governmental agency having jurisdiction over the same. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Emergency lighting for any accessory facility/building and signage as allowed in Subsection A(1)(g) above, is permitted, subject to Township review and approval.

(i) Appearance. Towers shall be galvanized and/or painted, at the discretion of Township Council with a rust-preventive paint, of an appropriate color to harmonize with the surroundings.

(j) Visual impact analysis. The applicant shall be required to undertake a visual impact analysis on any proposed tower-based CCF. The following information shall be submitted in order for the Township to review and determine if the measures taken by the applicant to mitigate the negative visual impacts by the tower-based CCF are satisfactory.

[1] A photographic simulation of predevelopment vs. postdevelopment views from key viewpoints (a minimum of four) surrounding the proposed site.

[2] An analysis of possible alternate tower structures, design, technologies, and/or color schemes.

[3] Details, drawings, and/or photographs of proposed mitigation measures.

[4] Elevations and base drawings of the equipment compound, detailing landscaping and other buffering methods required herein.

(k) Additional antennae. As a condition of approval for all tower-based CCFs, the CCF applicant shall provide the Township with a written commitment that it will allow other service providers to colocate antennae on tower-based CCFs where technically and economically feasible. The owner of a tower-based CCF shall not install any additional antennae without obtaining the prior written approval of the Township.

(l) Noise. Tower-based CCFs 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.

(m) Aviation safety. Tower-based CCFs shall comply with all federal and state laws concerning aviation safety and applicable airport zoning regulations.

[1] Documentation from the Federal Aviation Administration (FAA) shall be submitted by the applicant for any tower-based CCF exceeding 200 feet in height stating that the subject CCF is approved by the FAA.

[2] Any applicant for a proposed tower-based CCF located within a radius of five aerial miles of an airport shall notify said airport, in writing, of its intent to construct a CCF prior to construction.

(n) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the tower-based CCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(o) FCC license. The applicant shall submit to the Township a copy of its current Federal Communications Commission (FCC) license, the name, address, emergency number, and operator of the FCC.

(p) Insurance. Each person that owns or operates a tower-based CCF shall provide the Township with proof of insurance. 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 of $1,000,000 occurrence covering the communication facility is required. The Township, its employees, Engineer, Solicitor, Planner, and other relevant professionals shall be named additional insured and the certificate shall provide, as a minimum, that the additional insured shall be notified not less than 60 days in advance of the insurance not being renewed or being cancelled for any reason.

(q) Timing of decision. Within 30 calendar days of the date that an application for a tower-based CCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Where a conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based CCF's shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based CCF and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.

(r) Nonconforming uses. Nonconforming tower-based CCFs 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.

(s) Indemnification. Each person that owns or operates a tower-based CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, Planner, agents, and other relevant professional consultants, 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, operations, maintenance, or removal of a tower-based CCF. 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.

(t) Removal/financial security. In the event that use of a tower-based CCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower. Unused or abandoned tower-based CCFs or portions of tower-based CCFs shall be removed as follows:

[1] All unused or abandoned tower-based CCFs and accessory facilities shall be removed within six months of the cessation of operations at the site or from the time the municipality provides notice, unless a time extension is approved by the Township.

[2] If the tower-based CCF and/or accessory facility is not removed within six months of the cessation of operations at a site, from the time the municipality provides notice, or within any longer period approved by the Township, the tower-based CCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the tower-based CCF.

[3] Prior to the issuance of a zoning permit, the owner/operator of the tower-based CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover the CCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the tower-based CCF does not remove the facility as outlined in Subsection A(1)(t)[1] and [2] above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.

[4] The Township must approve all replacements of portions of a tower-based CCF previously removed.

(2) Tower-based CCFs outside the rights-of-way. The following regulations shall apply to tower-based commercial communications facilities located outside the rights-of-way:

(a) Development regulations.

[1] Allowable districts. Commercial communications facilities are permitted/prohibited as follows:

[a] No tower-based CCF shall be located closer than 1 1/2 times the height of the tower to an existing residential dwelling or residential zoning district boundary in which tower-based CCFs are not permitted.

[b] Tower-based CCFs are not permitted in the R80, R40, R20, R12, MH, UR, or VC residential zoning districts. They are also not permitted in the O&L District.

[c] Tower-based CCFs are permitted by conditional use, in accordance with the requirements of § 180-12.1C, Article XVII and this section, in the RA, GB, LI, and LM zoning districts.

[Amended 3-22-2023 by Ord. No. 2023-01]

[d] No tower-based CCF shall be located in a floodplain or wetlands area as regulated by § 180-95B herein.

[2] Gap in coverage. An applicant for a tower-based CCF 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 tower-based CCF 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 CCFs.

[3] Height. Any tower-based CCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet. However, such height may be increased to no more than 200 feet, provided the setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet and the applicant must submit documentation to the Township justifying the total height of the structure. Height shall include all subsequent additions or alterations.

[4] Sole use on a lot. A tower-based CCF is permitted as a sole use on a lot subject to the minimum lot area and setbacks as follows:

[a] The tower-based CCF shall be set back a distance equal to 1 1/2 times the height of the tower from the nearest property line, ultimate right-of-way line, easement line for aboveground utilities, or lease line; or

[b] The minimum yard requirements for the applicable zoning district, whichever is greater.

[5] Combined with another use. A tower-based CCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.

[b] The tower-based CCF may occupy a leased parcel within a lot meeting the minimum lot size for the zoning district. The leased parcel shall be, at a minimum, the area needed to accommodate the tower-based CCF and guy wires, the equipment building, security fence, and buffer planting.

[c] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district.

[d] Minimum setbacks. The tower-based CCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, the tower-based CCF shall be set back a distance of 1 1/2 times the height of the tower, from any property line, ultimate street right-of-way or any occupied building.

[e] Vehicular access to the tower-based CCF shall not interfere with parking or circulation on the site.

[6] Applicant shall demonstrate, utilizing the most current technological evidence available, that the commercial communications facility (CCF) must be constructed where it is proposed in order to satisfy its function pursuant to the communications industry's technological requirements.

(b) Collocation. An application for a new tower-based CCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based CCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based CCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(c) Design regulations.

[1] The tower-based CCF shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[2] Any substantial change to the height of an existing tower-based CCF or wireless support structure shall require approval of the Township. The Township reserves the right to deny such requests based upon land use impact or any other lawful considerations related to the character of the Township.

[3] Any proposed tower-based CCF shall be designed structurally, electrically, and in all respects to accommodate both the CCF applicant's antennae and comparable antennae or nontower CCFs for future users. At a minimum, the structure and wind load should be able to accommodate a 10% increase in height or one additional array, not to exceed a total height of more than 200 feet.

(d) Surrounding environs. The tower-based CCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based CCF structure shall be preserved to the maximum extent possible.

(e) Fence/screen.

[1] A security fence having a maximum height of eight feet shall completely surround any tower-based CCF, guy wires, parking, or any building/structure housing CCF equipment.

[2] An evergreen screen in accordance with § 180-97B, shall be required to surround the fenced area of the proposed tower-based CCF. The vegetation utilized should be deer resistant.

[3] The tower-based CCF applicant shall submit a landscape plan for review and approval by the Township for all proposed screening.

[4] Alternate forms of screening other than the landscaping outlined in Subsection A(2)(e)[2], such as a combination of existing vegetation, topography, walls, decorative fencing, or other landscape features, may be permitted if it can provide an equal or greater amount of screening than the required planting screen and is reviewed and approved by the Township Council during the conditional use process.

(f) Accessory equipment.

[1] Ground-mounted equipment associated to, or connected with, a tower-based CCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be enclosed within the required fence and screened from public, as described above in Subsection A(2)(e).

[2] All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall be located in an equipment compound meeting the minimum setback and height requirements of the underlying zoning district.

(g) Access road/lease area. Adequate emergency and service access to tower-based CCF must be provided.

[1] Access shall be provided to the facility by means of a public street or easement to/from a public street unless waived in writing by the Township Council. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a paved surface for its entire length. 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.

[2] A minimum of two off-street parking spaces shall be provided for a tower-based CCF.

[3] A turnaround area must be provided within the fenced area to allow adequate access by all service and emergency vehicles.

(h) National Environmental Policy Act (NEPA).

[1] The applicant shall demonstrate that all NEPA requirements, where applicable, for any proposed commercial communications facilities have been met. A copy of the NEPA-required environmental assessment (EA) report shall be submitted.

[2] The applicant shall notify the municipality at least 30 days prior to any hearing or consideration of the environmental assessment report by the FCC. The applicant shall provide to the municipality documentation demonstrating how any negative impact on any historical, cultural and environmental features will be mitigated.

(i) Site plan required. In order to determine the requirements of the conditional use and this section are met, the applicant shall submit a site plan in accordance with § 180-102 showing, at a minimum, the following items:

[1] Locations of all existing and proposed uses on the subject site, including the proposed tower-based CCF.

[2] Elevations and drawings of any existing uses and proposed tower-based CCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antennae, etc. proposed.

[3] Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.

[4] Vehicular access, fencing, landscaping, utility and/or access easements.

[5] Location and contents of the equipment compound, including, but not limited to, fuel and battery storage, hazardous materials, cabinets, guy wires, etc. Information regarding hazardous materials shall be listed in a note on the plans.

(j) Inspection. The Township reserves the right to inspect any tower-based CCF to ensure compliance with the provisions of this section 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 tower-based CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3) Tower-based CCFs in the rights-of-way. The following regulations shall apply to tower-based commercial communications facilities located in the rights-of-way:

(a) Development regulations.

[1] No tower-based CCF shall be located within the rights-of-way or future rights-of-way of any local road as designated by the Township.

[2] No tower-based CCF within a right-of-way shall be located within 500 feet of a lot in residential use.

[3] The applicant shall provide proof of authorization from the owner of the right(s)-of-way for the location(s) of the proposed tower(s).

[4] The application shall be accompanied by plans and other materials, as required by this chapter, describing the use and locations proposed. Such plans and other materials shall provide sufficient basis for evaluating the applicant's requests.

[5] The applicant shall demonstrate compliance with Chapter 140, Article IV of the Township Code (Right-of-Way Management). A copy of the provider certification form[1] shall accompany the application.

[1] Editor's Note: Said form is included as an attachment to Ch. 140, Streets and Sidewalks.

(b) Gap in coverage. An applicant for a tower-based CCF in a right-of-way 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 tower-based CCF being proposed in a right-of-way 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 CCFs in the right-of-way.

(c) Height. Any tower-based CCF in rights-of-way shall be designed at the minimum functional height and shall not exceed at total height of 50 feet, which shall include all attached nontower CCFs, all subsequent collocations, additions or alterations. All tower-based CCF applicants must submit documentation to the Township justifying the total height of the structure to be located in the right-of-way.

(d) Collocation. An application for a new tower-based CCF in the right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based CCF in the right-of-way shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed wireless support structure, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(e) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based CCFs 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.[2]

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

(f) Equipment location. Tower-based CCFs in the right-of-way and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In addition:

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

[2] Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

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

[4] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[5] Any underground vaults related to tower-based CCFs in the right-of-way shall be reviewed and approved by the Township.

(g) Design regulations.

[1] The tower-based CCF in the right-of-way shall employ the most current standards available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

[2] Any substantial change to the height of an existing tower-based CCF in the right-of-way shall require prior approval of the Township, and shall not increase the overall height of the tower-based CCF to more than 50 feet.

[3] Any proposed tower-based CCF in the right-of-way shall be designed structurally, electrically, and in all respects to accommodate both the CCF applicant's antennae and comparable antennae for future users.

(h) 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 CCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower-based CCF in the right-of-way 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:

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

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

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

(i) Compensation for right-of-way use. In addition to permit fees, every tower-based CCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation 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 CCF in a right-of-way shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual right-of-way management fee for tower-based CCF's in a right-of-way shall be determined by the Township and authorized by resolution of Township Council.

(j) Tower-based CCFs in the right-of-way are also subject to the provisions contained within the Township's Right-of-Way Management Ordinance.[3]

[3] Editor's Note: See Ch. 140, Art. IV, Right-of-Way Management.

B. Nontower commercial communications facilities. Nontower commercial communications facilities shall be considered any equipment that facilitates the transmission for any Commission-licensed or -authorized wireless communications service, including, but not limited to, antennae, base stations, transmitters, receivers, cabling, power supplies, and accessory equipment associated with and necessary for their operation but does not include support structures such as monopoles, poles, towers, etc.

(1) General requirements for all nontower commercial communications facilities (CCF) and base stations.

(a) Standard of care. Any nontower CCF that is considered a collocation, modification, or replacement 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 nontower CCF 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. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.

(b) Wind and load.

[1] Any nontower CCF that is considered a collocation, modification, or replacement 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 Alliance, and Telecommunications Industry Association (ANSI/EIA/TIA 222-G Code, as amended).

[2] The wireless support structure to which the nontower CCF is attached shall be able to withstand the additional structural load of the collocation, modification, or replacement.

[3] A copy of the structural analysis, signed and sealed by a registered engineer in the Commonwealth of Pennsylvania, shall be submitted to the Township and reviewed as a portion of the permitting process for collocations, modifications, or replacements.

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

(d) Aviation safety. Nontower CCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(e) Radio frequency emissions. No nontower CCF may, by itself or in conjunction with other CCF's, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(f) Historic buildings. Nontower CCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic district lists maintained by the Township or which has been designated by the Township as being of historic significance.

(g) Maintenance. The following maintenance requirements shall apply:

[1] The Nontower CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(h) Removal. In the event that use of a nontower CCF 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. If it remains unused for a period of 12 consecutive months, the Township will provide notice to the owner/operator to remove the tower. Unused or abandoned nontower CCFs or portions of nontower CCFs shall be removed as follows:

[1] All abandoned or unused nontower CCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, or from the time the municipality provides notice, unless a time extension is approved by the Township.

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

[3] Prior to the issuance of a zoning permit, the owner/operator of the nontower CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover the nontower CCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the nontower CCF does not remove the facility as outlined in Subsection B(1)(h)[1] and [2] above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.

(i) Indemnification. Each person that owns or operates a nontower CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, engineer, solicitor, planner, agents, and other relevant professional consultants, 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, operations, maintenance, or removal of a nontower CCF. 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.

(2) Nontower CCF development regulations: no substantial change.

If the application or eligible facilities request for a nontower commercial communication facility or base station is a collocation, modification, or a replacement that does not substantially change the existing wireless support structure, then the requirements contained herein will be applicable. This does not include first time collocations on wireless support structures other than a tower.

(a) Permitted in all zoning districts. Nontower CCFs are permitted in all zoning districts.

[1] Zoning permit required. Collocations or modifications of nontower CCFs or transmission equipment on existing wireless support structures or base stations are subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower CCF, and subject only to the zoning permit review and approval process of the Township.

[2] No zoning permit required. Replacement of nontower CCFs or transmission equipment on existing, Township-approved wireless support structures or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a zoning permit.

(b) Timing of approval. Within 30 calendar days of the date that an application for a collocation, modification, or replacement of a nontower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Township to complete an application, the time period for review may be tolled by mutual agreement. Within 60 calendar days of receipt of the application, accounting for tolling, the Township must make a final decision on the application and shall advise the applicant, in writing, of such decision.

[1] A determination of incompleteness must specifically delineate all missing information, and specifying the Code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted.

[2] Following an applicant's resubmission in response to a determination of incompleteness, the Township may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.

[3] The sixty-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Township notifies the applicant within 10 days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

(3) Nontower CCF development regulations: substantial change. If the application for a nontower commercial communication facility or base station is a collocation, modification, or a replacement that substantially changes the existing wireless support structure, or is the initial placement of a nontower CCF on a wireless support structure other than a tower, then the requirements contained herein will be applicable.

(a) Permitted in all zoning districts. Nontower CCFs are permitted in all zoning districts subject to the initial zoning or land use approvals for the previously approved wireless support structure or nontower CCF. These CCFs are subject to the zoning permit review and approval process of the Township. Conditional use approval may be required as noted.

(b) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the nontower CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the nontower CCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(c) Timing of approval. Within 30 calendar days of the date that an application for a nontower CCF is filed with the Township, the Township shall notify the 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 applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

(4) Nontower CCFs outside the rights-of-way. If the application for a nontower commercial communication facility or base station is a collocation, modification, or a replacement that substantially changes the existing wireless support structure or is the initial placement of a nontower CCF on a wireless support structure other than a tower and is located outside the right-of-way, then the requirements contained herein will be applicable.

(a) Development regulations. Nontower CCFs shall be colocated on existing wireless support structures/base stations, subject to the following conditions:

[1] Such nontower CCF does not exceed the maximum permitted height of the existing wireless support structure.

[2] If the nontower CCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[3] An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(b) Design regulations.

[1] Nontower CCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.

[2] Nontower CCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the nontower CCF applicant obtains a conditional use permit.

[3] All nontower based CCF applicants must submit documentation to the Township justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[4] Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

(c) Inspection. The Township reserves the right to inspect any nontower CCF to ensure compliance with the provisions of this section 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 nontower CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(5) Nontower CCFs in the rights-of-way. If the application for a nontower commercial communication facility or base station is a collocation, modification, or a replacement that substantially changes the existing wireless support structure, or is the initial placement of a nontower CCF on a wireless support structure other than a tower and is located in the right-of-way, then the requirements contained herein will be applicable.

(a) Collocation. Nontower CCFs in the right-of-way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.

(b) Design requirements.

[1] Nontower CCF installations located above the surface grade in the public right-of-way, 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.

[2] Antennae and all support equipment shall be treated to match the supporting structure. Nontower CCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c) Equipment location. Nontower CCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In addition:

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

[2] Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

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

[4] Any graffiti on the nontower CCF or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[5] Any underground vaults related to nontower CCFs shall be reviewed and approved by the Township.

(d) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower CCFs 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.[4]

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

(e) 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 nontower CCF in the right-of-way shall, at their own expense, temporarily or permanently remove, relocate, change or alter the position of any nontower CCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

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

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

(f) Compensation for right-of-way use. In addition to permit fees, every nontower CCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for the 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 nontower CCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual right-of-way management fee for nontower CCFs shall be determined by the Township and authorized by resolution of Township Council and shall be based on the Township's actual right-of-way management costs as applied to such nontower CCF.

§ 180-127.2 Forestry.

[Amended 7-17-2019 by Ord. No. 2019-04]

A. Policy; purpose. In order to conserve forested open space and the environmental and economic benefits they provide, it is the policy of the Township of Lower Saucon to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values. The timber harvesting regulations contained in Subsections A through H are intended to further this policy by promoting good forest stewardship; protecting the rights of adjoining property owners; minimizing the potential for adverse environmental impacts; and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.

B. Scope; applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Township. Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. Subsections A through H apply to all timber harvesting within the Township where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.

C. Definitions. As used in Subsections A through H, the following terms shall have the meanings given to them in this section.

FELLING

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

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

LANDING

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

LITTER

Discarded items not naturally occurring on the site such as tires, oil cans, equipment pmts, 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 timber harvesting, including the agents, subcontractor, and employees thereof.

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 their behalf, such as forestry consultants, who set up and administer timber harvesting.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.

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.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STREAM

Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.

TIMBER HARVESTING, TREE HARVESTING, or LOGGING

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

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

WETLAND

Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs and similar areas.

D. Notification; preparation of a logging plan.

(1) Notification of commencement or completion. For all timber harvesting operations that are expected to exceed two acres, the landowner shall notify the township enforcement officer at least five business days before the operation commences and within three business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.

(2) Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this section. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the township enforcement officer upon request.

(3) Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

E. Contents of the logging plan.

(1) Minimum requirements. At a minimum, the logging plan shall include the following:

(a) Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;

(b) Design, construction, and maintenance of water control measures and structures such as culvetts, broad-based dips, filter strips, and water bars;

(c) Design, construction, and maintenance of stream and wetland crossings; and

(d) The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.

(2) Map. Each logging plan shall include a sketch map or drawing containing the following information:

(a) Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

(b) Significant topographic features related to potential environmental problems;

(c) Location of all earth disturbance activities such as roads, landings, and water control measures and structures;

(d) Location of all crossings of waters of the Commonwealth; and

(e) The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

(3) Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:

(a) Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

(b) Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and

(4) Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection (1) and (2) of this section, provided that all information required by these subsections is included or attached.

F. Forest practices. The following requirements shall apply to all timber harvesting operations in the Township.

(1) Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

(2) No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

(3) All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.

(4) No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

(5) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

G. Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic may be required to furnish a bond to guarantee the repair of such damages.

H. Enforcement

(1) Township enforcement officer. The Zoning Officer shall be the enforcement officer for Subsections A through H.

(2) Inspections. The Township enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with Subsections A through H and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

(3) Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of Subsections A through H, the Township enforcement officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township enforcement officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township enforcement officer, the operation is brought into compliance with Subsections A through H or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the governing body of the Township.

(4) Penalties. Any landowner or operator who violates any provision of Subsections A through H; refuses to allow the Township enforcement officer access to a harvest site pursuant to Subsection H(2) of this section or who fails to comply with a notice of violation or suspension order issued under Subsection H(3) of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $300, plus costs, for each separate offense. Each day of continued violation of any provision of Subsections A through H shall constitute a separate offense.

§ 180-127.3 Impervious and building coverage charts. [1]

[Added 4-6-2011 by Ord. No. 2011-02]

A. Single-family detached uses.

Zoning District	Minimum Required Lot Area (square feet)	Maximum Site Impervious Coverage (includes on-lot impervious coverage)	Maximum On-Lot Impervious Coverage (maximum allowed)	Maximum On-Lot Impervious Coverage (initial permit application)	Maximum Building Coverage (percentage)
RA/R80	Varies	20%	*	*	*
R40	40,000	20%	15%	12%	8%
R20	20,000	25%	20%	16%	12%
R12	12,000	30%	25%	22%	14%
MH	12,000	30%	25%	22%	12%
UR	8,000	35%	30%	27%	18%
VC	8,000	40%	30%	27%	20%

* Individual coverage values are a function of the design/layout of the site; the overall maximum site impervious coverage shall not exceed the amount specified in the above chart.

B. Single-family detached cluster uses.

Zoning District	Minimum Required Lot Area (square feet)	Maximum Site Impervious Coverage (includes on-lot impervious coverage)	Maximum On-Lot Impervious Coverage (maximum allowed)	Maximum On-Lot Impervious Coverage (initial permit application)	Maximum Building Coverage (percentage)
RA	40,000	15%	20%	17%	10%
R80	40,000	15%	20%	17%	10%
R40	20,000	15%	20%	17%	12%
R20	10,000	20%	25%	22%	18%
R12	8,000	30%	30%	27%	20%
UR	6,000	30%	35%	32%	25%
VC	6,000	30%	35%	32%	25%

C. Exceptions for existing lots with principal structure

(1) The maximum on-lot impervious surface coverage restrictions contained in the charts provided in this § 180-127.3 shall not apply to any lot which:

(a) Was lawful when created;

(b) Was an existing lot of record as evidenced by recorded plan or deed as of March 31, 2011; and

(c) Had a principal structure located thereon as of March 31, 2011.

(2) Any owner of a lot which meets all of the requirements of Subsection C(1)(a), (b) and (c) herein shall be entitled to utilize the maximum impervious surface coverage percentages in effect, for the Zoning District where the lot is located, on March 31, 2011.

(3) Any lot that is created by subdivision after March 31, 2011, or any lot in existence pursuant to Subsection C(1)(b) above that does not have a principal structure located thereon as of March 31, 2011, shall be subject to the maximum on-lot impervious surface coverage restrictions contained in the charts provided in this § 180-127.3.

[1] Editor's Note: Former § 180-127.3, Reduced lot size: single-family detached developments, was repealed 8-17-2005 by Ord. No. 2005-06.