A.
Except as provided by law or this chapter, in each
district no building, structure or land shall be used or occupied
except for the purposes permitted in the zoning districts as indicated
herein.
B.
The preceding provision shall apply; except, however,
there shall be an exemption from the requirements of this chapter
for municipal utilities which are defined as those services rendered
by Doylestown Township or the Doylestown Township Municipal Authority,[1] including the appurtenances owned, or to be owned, by
the Township or Authority and used in connection with the supplying
of public services. Any existing or proposed structure, or extension
thereof, used or to be used by the Township or the Authority for the
purpose of providing municipal utilities shall be exempt from the
area, dimensional, parking and use regulations as otherwise would
be required by this chapter.
[Added 8-17-1999 by Ord. No. 278]
A.
All uses permitted by right or special exception shall
be subject, in addition to use regulations, to such regulations of
yard, lot size, lot width, building area and height, impervious surfaces,
easements, buffer yards, off-street parking and such other provisions
as are specified in other articles herein.
B.
All uses permitted in the Township shall be subject,
in addition to these chapter regulations, to all other applicable
Township, county, state or federal requirements and licensing regulations
and to the requirements of any other agency having jurisdiction over
such matters. These include, but are not limited to, regulations for
licensing of human service activities, requirements for accessibility
of the disabled, sewage disposal requirements, water supply regulations,
soil erosion and sedimentation control requirements, floodplain regulations,
state road regulations and fire protection requirements.
[Amended 12-16-1997 by Ord. No. 268]
C.
No zoning permit shall be issued until approval is
obtained from the Bucks County Department of Health for sewage disposal,
unless the premises are served by public sewage facilities, in which
case the agency providing sewage disposal services shall be required
to provide evidence that the property will be served by public sewerage.
[Added 12-16-1997 by Ord. No. 268]
A.
Agricultural uses.
(1)
A-1. Agriculture and horticulture. Agriculture and
horticulture shall be limited to uses such as tilling of soil; raising
of livestock; growing trees, shrubs, flowers or vegetables; and related
farmhouses and usual farm buildings; single-family detached dwellings
for the sole use of individuals and their immediate families engaged
in agricultural employment on the same site or for the immediate family
of the landowner or for persons engaged in agricultural employment
on the property.
(a)
All buildings associated with the use, i.e.,
barns, sheds, silos, etc., shall be permitted, provided that no building
shall be located any closer than 100 feet to any street line, proposed
street line or a dwelling other than the owner's dwelling and not
less than 50 feet from any other property line. Any building or structure
used for the keeping or raising of livestock, horses or poultry shall
be situated not less than 100 feet from any street line or property
line.
(b)
A nursery or produce sales yard or farm stand or farm market,
as part of this use, shall be permitted for the sale of products grown
on the property. In addition, the buying of some plants or products
for resale will be permitted, so long as the buying and resale does
not result in the cultivation and sale of products produced on the
property becoming mere accessories to the commercial buying and resale.
Access to the tract must be controlled by physical means to limit
access to two points. The access points shall be no more than 24 feet
wide, and the location of the use shall not be closer than 60 feet
to any intersection. Sales buildings or stands shall comply with the
minimum setback requirements of the district. Such use does not include
landscape contracting.
[Amended 1-15-2019 by Ord. No. 394]
(c)
The minimum lot area shall be two acres, except
as specified below.
[1]
The keeping of livestock, horses, or poultry
shall be limited to lots of at least five acres in area and shall
be limited to one head of livestock or horse or 10 fowl per acre.
[2]
Intensive agriculture, such as mushroom houses,
feedlots or confinement livestock or poultry operations, taking place
in structures or closed pens shall require a minimum lot size of five
acres and shall not be situated less than 30 feet from any stream,
swale or body of water.
(d)
A plan must be submitted to the Zoning Officer
and constantly maintained for the disposal of deceased animals and
birds by controlled incineration or by being removed from and disposed
of off the premises no later than 24 hours after the same are deceased
where the use involves feedlots or confinement livestock or poultry
operations.
(e)
A plan must be submitted setting forth and indicating
the system by which liquid and solid waste will be disposed of and
shall be in accordance with the Pennsylvania Department of Environmental
Resources manual, "Manual Management for Environmental Protection,"
where the use involves feedlots or confinement livestock or poultry
operations.
(f)
This use shall not include riding academies,
livery or boarding stables, commercial dog kennels and the raising
of fur-bearing animals.
(2)
A-2. Riding academy. Riding academy, livery or boarding
stable, subject to the following provisions:
(3)
A-3. Kennel. The keeping of more than four dogs, cats,
ferrets or other animals customarily kept as household pets that are
more than four months old for breeding, training, selling or boarding
for a fee is permitted, provided that the following conditions are
met.
(a)
Minimum lot size shall be five acres.
(b)
No animal shelter or runway shall be located
closer than 300 feet to any residential building other than the owner's
or closer than 100 feet to the property line.
(c)
The kennel shall be constructed so that the
animals cannot stray therefrom.
(d)
All animals must be kept indoors between 10:00
p.m. and 7:00 a.m.
B.
Residential uses.
(1)
B-1. Single-family detached dwelling.
(2)
B-2. Single-family semidetached (twin). Such uses
shall be served by public water and public centralized sewage systems.
(3)
B-3. Two-family detached dwelling (duplex). Such uses
shall be served by public water and public centralized sewage systems.
(4)
B-4. Single-family attached (townhouse).
(a)
Dwellings shall be arranged in groups or clusters
and not in long rows parallel to street lines. No more than eight
such buildings may be so attached in any one group.
(b)
To create architectural interest in the layout
and character of housing fronting streets, variations in setbacks,
materials and design shall be encouraged. In any case, a minimum of
two feet variation in setback shall occur at least every third dwelling.
(c)
Such uses shall be served by public water and
public centralized sewage systems.
(5)
B-5. Two-family semidetached. Such uses shall be served
by public water and public centralized sewage systems.
(6)
B-6. Multifamily. An attached dwelling unit may be
arranged in a variety of configurations: side by side, back to back
or vertically. Access shall be by way of an individual outside entrance
to each dwelling unit.
[Amended 2-18-1992 by Ord. No. 213]
(a)
The maximum length of such a building shall
be 180 feet.
(b)
Multifamily units shall be arranged in groups
or clusters and not in long rows parallel to street lines.
(c)
To create architectural interest in the layout
and character of housing fronting streets, variations in setbacks,
materials and design shall be used.
(d)
The distance between any two buildings, either
of which faces or backs upon the other in whole or in part, shall
not be less than 75 feet.
(e)
The distance between the ends of two buildings,
similarly oriented and without openings or windows in the end walls,
shall not be less than 24 feet.
(f)
The distance between any building face and a
parking area shall not be less than 20 feet.
(g)
All multifamily developments shall be served
by public water and public centralized sewage disposal facilities.
(i)
Where individual dwelling units do not have
separate lots, there shall be an area at least 20 feet along the outside
perimeter of the dwellings which shall be available to the residents
of the dwellings, but which shall not be considered and/or counted
as required open space.
[Added 12-16-1997 by Ord. No. 268]
(j)
Required open space shall be separated from
the rest of the development by means of a fence or planted buffer
so that open space areas are clearly defined.
[Added 12-16-1997 by Ord. No. 268]
(7)
B-7. Single-family detached cluster. A single-family
detached cluster use shall be limited to single-family detached dwellings
on individual lots. 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
sewage disposal system or a nonpublic centralized sewer system acceptable
to the Board of Supervisors, the Bucks County Department of Health
and the Pennsylvania Department of Environmental Resources and shall
be served by a centralized water supply system, either public or nonpublic.
(d)
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.
(e)
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.
(f)
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 Board of Supervisors and duly
recorded in the Bucks County Recorder of Deeds Office.
(g)
Open space shall be offered for dedication to
Doylestown Township, which shall have the sole discretion to accept
the open space.
[Amended 12-16-1997 by Ord. No. 268]
(8)
B-8. Mixed residential subdivision.[1] A subdivision in which a mixture of types of residential
dwelling units is encouraged to promote sound land use planning and
to provide a variety of housing choices. In a mixed residential subdivision,
the following regulations must be met:
(a)
The mixed residential subdivision shall be constructed
in accordance with an overall plan.
(b)
The development shall consist of a harmonious
grouping of buildings, parking areas, circulation system and open
spaces, planned as a single unit, in such manner as to constitute
a safe, efficient and convenient residential site.
(c)
There shall be adequate provisions for safe
and efficient pedestrian and vehicular traffic circulation within
the site and for ingress and egress to and from public streets and
highways serving the site without undue congestion of or interference
with the normal traffic flow within the region.
(d)
If the development is to be carried out in successive
stages, each stage must be planned so that the requirements of this
chapter shall be fully complied with by the development at the completion
of any stage.
(e)
All mixed residential subdivisions shall conform
to the minimum standards for a mix of dwelling unit types as set forth
below:
|
Number of Dwellings in Subdivision
|
Minimum Required Number of Dwelling Unit
Types
|
Maximum Percent of Any Dwelling Unit Type
| |
|---|---|---|---|
|
1 to 40
|
1
|
100
| |
|
41 to 85
|
2
|
70
| |
|
85 or more
|
3
|
40
|
(f)
Such uses shall be served by public water and
public centralized sewage systems.
(9)
B-9. Single-family detached residential development
with lot averaging. Such use shall be permitted for single-family
detached dwellings, provided that where lands are offered in dedication
to the Township or a municipal entity designated by the Board of Supervisors
to receive said lands, which said lands shall be used for public facilities
and public purposes such as sewer treatment plants, construction of
new roadways, public parks and public recreation areas, and the Board
of Supervisors, in its sole and absolute discretion, chooses to accept
all or a portion of lands so offered, the minimum size of the approved
building lots on the balance of the property (the gross site less
the area to be dedicated for public purposes) to be subdivided may
be modified in accordance with the specifications set forth in the
specific district requirements herein and with the following criteria:
(a)
The project is to be served by public water
and public centralized sewer services.
(b)
The total number of lots within the development
proposed shall not exceed the number of lots which would be permitted
if the tract were to be developed using single-family detached cluster
development (use B-7) or, in districts where use B-7 is not permitted,
single-family detached development (use B-1). Prior to approval of
any subdivision plan for lot averaging, the applicant shall submit
an engineered sketch plan which shall establish the maximum number
of lots which could otherwise be developed in accordance with the
requirements for use B-1 for the district in which the development
is proposed. The proposed development using lot averaging shall not
exceed the maximum number of lots otherwise obtainable.
(c)
As a condition precedent to approval of the
final subdivision plan by the Board of Supervisors, the applicant
shall deliver to the Township for recording a deed of dedication for
the lands which the Board of Supervisors, in its sole and absolute
discretion, has chosen to accept, title to the same to be free and
clear of all liens and encumbrances and of a quality for recording
acceptable to the Board of Supervisors, upon advice of its Solicitor,
all costs of transfer and recording to be borne by the applicant.
(10)
B-10. Residential conversion. Such use shall
be limited to the conversion of an existing dwelling into more than
one dwelling or the conversion of an accessory building into no more
than one dwelling, provided that:
(a)
Such use shall be permitted as a special exception
with approval of the Zoning Hearing Board only for structures which
have been officially designated by the Township as being historic
structures.
(b)
Each dwelling unit shall have not less than
750 square feet of floor area.
(c)
The lot area per family shall not be reduced
thereby to an amount less than 75% of that required by this chapter
for the district in which the designated lot is located.
(d)
There shall be no external alteration of the
building area except as may be necessary for reasons of safety. Fire
escapes and outside stairways shall, where practical, be located on
the rear of the building.
(e)
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such buildings and may prescribe
such further conditions and restrictions as the Board may consider
appropriate and reasonable.
(f)
The conversion shall be authorized only for
a structure with relatively little economic usefulness as a conforming
use.[2]
[2]
Editor's Note: Former Subsection B(10)(g), regarding annual
inspections for residential conversions, which immediately followed
this subsection, was repealed 2-16-2021 by Ord. No. 401.
(12)
B-12. Guesthouse/bed-and-breakfast. The use
and occupancy of a detached dwelling shall be permitted for accommodating
transient guests for rent subject to the following additional conditions
and restrictions:
(a)
No more than two adults and two children may
occupy one guest room.
(b)
The minimum lot size for the guesthouse use
shall be one acre for the first two guest rooms and 20,000 square
feet for each additional guest room. In no case shall the lot area
be less than that required for single-family detached dwellings in
the district in which the proposed guesthouse is located.
(c)
The off-street parking and off-street loading
provisions and provisions relating to highway frontage contained in
this chapter shall apply.
(d)
At least one bathroom shall be provided for
each two guest rooms.
(e)
No external alterations, additions or changes
to the exterior structure shall be permitted except as required by
any governmental agency for safety reasons.
(f)
The use shall be carried on primarily by members
of the immediate family which must reside on the premises. Nonresident
employees shall be limited to two in addition to the resident members
of the family. There may be a resident employee on the property whose
living quarters shall be exclusive of those provided for guests.
(g)
There shall be no separate kitchen or cooking
facilities in any guest room.
(h)
The maximum uninterrupted length of stay at
a guesthouse shall be 14 days.
(i)
The use of any amenities provided by the guesthouse,
such as swimming pool or tennis courts, shall be restricted in use
to guests of the establishment. The serving of meals shall be restricted
to the guests of the establishment.
(j)
There shall be no use of show windows or display
or advertising visible outside the premises to attract guests other
than a single nonilluminated sign which meets the regulations set
forth in this chapter.
(k)
If the facility is served by an on-lot water
supply system and/or an on-lot wastewater disposal system, the applicant
shall demonstrate to the satisfaction of the Bucks County Health Department
and the Board of Supervisors that these on-lot facilities are adequate
to serve the maximum number of guests which could be housed at the
facility at any one time.
(l)
Such use shall be restricted to structures which
are officially designated as historic structures by the Board of Supervisors.
(13)
B-13. Manufactured home community. A manufactured home community is a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes and meeting the regulations set forth in Article IX herein.
[Amended 11-4-1991 by Ord. No. 208; 2-16-2021 by Ord. No. 401]
(14)
B-14. Senior citizen housing. Senior citizen
housing is limited to residential developments designed and operated
for mature adults.
(a)
Applications for senior citizen housing developments
shall be accompanied by a proposed set of regulations including definitions
of age and income limitations and admissions procedures.
(b)
Senior citizen housing shall be designed to
serve persons aged 55 and over and persons with disabilities as defined
by the Social Security Act.
(15)
B-15. Single-family attached dwelling units
in conjunction with use of historic structures:[4]
[Added 12-16-2003 by Ord. No. 315]
(a)
Dwellings shall be arranged in groups or clusters
and not in long rows parallel to street lines. No more than four such
buildings may be so attached in any one group.
(b)
To create architectural interest in the layout
and character of housing fronting streets, variations in setbacks,
materials and design shall be encouraged. In any case, a minimum of
two-feet variation in setback shall occur at least every second dwelling.
(c)
Such uses shall be served by public water and
a public centralized sewage systems.
(d)
Minimum area/yard requirements for each unit
if the underlying zoning is R-1:
[1]
Minimum required lot area: 4,000 square feet.
[2]
Minimum required lot width: 30 feet.
[3]
Yard setbacks:
[a]
Front yard: 20 feet.
[b]
Side yard: 5 feet (one side only).
[c]
Rear yard: 25 feet, provided; however,
that the Board of Supervisors may reduce the minimum rear yard requirement
to 15 feet for 20% of the dwelling units provided the units are not
in a back-to-back configuration with any other proposed dwelling units.
(f)
Condominium ownership of the units is permitted,
provided it is demonstrated that each unit would meet the minimum
area/yard requirements under this subsection.
(g)
In addition to the minimum yard requirements
for each unit, a group of single-family attached dwellings (two or
more) shall meet the following yard requirements for the tract development:
[Amended 1-15-2019 by Ord. No. 394]
[1]
Front yard: 65 feet.
[2]
Side yard: 75 feet.
[3]
Rear yard: 75 feet.
[4]
Minimum base site area: 10 acres.
[5]
Maximum net density: 2.0 dwelling units per
acre in the R-1 Zoning District and 1.0 dwelling unit per acre in
the R-la Zoning District.
[6]
Minimum open space ratio: 50%.
[7]
Maximum impervious surface ratio: 40% in the
R-1 Zoning District and 20% in the R-la Zoning District.
(h)
The open space created shall be owned and maintained
by Doylestown Township and/or a homeowners' association, or a combination
thereof, which said determination shall be made by the Township Board
of Supervisors.
(i)
The applicant shall submit architectural renderings
for the proposed building units which must be approved by the Board
of Supervisors of Doylestown Township. The architecture of the proposed
buildings shall be compatible and consistent with the historic structures
located on the tract.
(j)
This use shall only be permitted if the tract contains a structure or structures identified as eligible historic resources in accordance with the provisions of § 175-30A of the Doylestown Township Codified Zoning Ordinance of 1988, and said historic structure or structures must be preserved as part of the use. The detached historic structure may remain as a single-family dwelling although the balance of the tract may be developed utilizing use B-15.
C.
Religious, educational, recreational and institutional
uses.
(1)
C-1. Place of worship. Such use shall be limited to
a church, synagogue, monastery or other place of worship, provided
that:
(2)
C-2. School. A school shall be limited to a private
school, religious or nonreligious, a public school or a college or
university, operated by a public or quasi-public institution, which
is not conducted as a private, gainful business as a commercial school
and is licensed under the proper governmental authority, provided
that:
(a)
The minimum lot area for elementary schools,
junior high schools, middle schools or high schools shall meet the
minimum requirements of the Pennsylvania State Board of Education.
(b)
Outdoor play areas shall be screened so as to
protect adjacent residential neighborhoods from inappropriate noise
and other disturbances.
(d)
There shall be no outdoor storage of buses on
the property.
(e)
Colleges and/or universities shall be permitted to operate on
their property ancillary uses, facilities and/or events operated by
an entity other than the college/university subject to the following
provisions:
[Added 3-15-2022 by Ord.
No. 406]
[1]
COLLEGE/UNIVERSITY
Terms used in this section shall have the following meanings:
A post-secondary institution for higher learning that grants
associate, bachelor, masters, professional, and/or doctoral degrees.
This also includes community colleges that grant associate or bachelor
degrees or certificates in business, technical, or other fields.
[2]
Uses included as part of the college/university that are not
considered ancillary and subject to the additional provisions of this
section are dormitories, classrooms, theaters/auditoriums, libraries,
museums, places of worship, athletic fields, gymnasiums, retail bookstores
selling paraphernalia, food service facilities owned and/or operated
by the college/university or by a third party, provided said food
service is for students and staff pursuant to an agreement with the
college or university, pools, events run exclusively by the college/university,
and other similar uses directly related to the programs of study offered
by the college/university.
[3]
A use, facility and/or event operated on college/university
property by an entity other than the college/university shall be required
to submit to the Township, for review, a signed agreement between
the entity and the college/university. The agreement shall demonstrate
cooperation between both entities, including how the use, facility
and/or event provides a significant benefit to the college/university
and its students and staff, which said benefit shall include, but
not be limited to, opportunities for student enrichment and/or employment.
The relationship between the college/university and the entity may
be contained in a separate cooperation agreement and not set forth
within the business terms of the agreement between the college/university
and the entity.
[4]
Retail uses operated on college/university property by an entity
other than the college/university shall be permitted, provided:
[a]
No less than 75% of the square footage of the retail
use shall be dedicated to the display and sale of nursery, horticultural
and/or agricultural products.
[b]
The maximum area or the structure(s) selling nonnursery,
nonhorticultural and/or nonagricultural products shall not exceed
7,500 square feet.
[c]
Operating hours shall be between 7:00 a.m. and
8:00 p.m.
[5]
Food service uses, such as cafes, restaurants, and/or other
eating places operated on college/university property and operated
by an entity other than the college/university, shall be permitted,
provided:
[a]
The maximum building area of such food service
uses, including kitchen facilities, shall not exceed 6,000 square
feet.
[b]
Operating hours shall be between 7:00 a.m. and
9:00 p.m., Sunday through Thursday, and 7:00 a.m. and 10:00 p.m.,
Friday through Saturday.
[c]
Outdoor amplification shall not be permitted.
[d]
Drive-through service shall not be permitted.
[6]
Festivals and/or similar outdoor special events operated on
college/university property and operated by an entity other than the
college/university shall be permitted, provided:
[a]
A maximum of five such events shall be permitted
within a calendar year.
[b]
Each individual event shall not exceed a total
of two consecutive days.
[c]
Operating hours shall be between 8:00 a.m. and
9:00 p.m.
[d]
Outdoor music and/or outdoor amplification shall
not be permitted past 6:00 p.m.
[e]
Sufficient off-street parking shall be provided
in designated areas on the college/university property to accommodate
all attendees.
[f]
A traffic control plan must be submitted to and
approved by the Township Police Department prior to receiving a permit.
[g]
No such festival or other outdoor special event
shall be operated without first securing the appropriate permit from
the Township.
[7]
Indoor banquet facilities operated on college/university property
and operated by an entity other than the college/university shall
be permitted, provided:
[8]
Required parking shall be the sum of the parking required by § 175-22 for each individual use (E-1 retail, E-5 eating place, and E-18 banquet facility); provided, however, that the Board of Supervisors may designate a portion of the aggregate required parking spaces as "reserve parking," which reserve parking (or a portion thereof) shall be permitted to be constructed at a future time if and when the Board of Supervisors determines that the need for such parking spaces (or a portion thereof) exists.
[9]
The maximum acreage devoted to the use described in Subsection C(2)(e)[3] through [10] as set forth herein shall be five acres (provided that the calculation of acreage shall be exclusive of parking areas, loading areas, buffer and/or required landscape areas, and areas containing stormwater management facilities).
[10]
Any combination of one or more of the ancillary uses described in Subsection C(2)(e)[3] through [10] herein conducted by an entity other than the college/university shall be referred to herein as a "college/university ancillary use." Only one college/university ancillary use shall be permitted on the property owned and/or controlled by the college/university.
(3)
C-3. Commercial school. Such use shall be limited
to a trade, professional, music or dancing school, operated as a commercial
business.
(4)
C-4. Library or museum. Such use shall be limited
to a library or museum open to the public or connected with a permitted
educational use and operated by a public or quasi-public institution.
(5)
C-5. Recreational facility.[5] A public park, nature preserve or outdoor recreation area,
owned and operated by the Township, county, state or federal government,
subject to the following:
[Amended 12-16-1997 by Ord. No. 268]
(a)
No outdoor active recreational area shall be
located nearer to any lot line than 100 feet, unless the adjacent
property is preserved open space or park land.
(b)
A planted buffer 10 feet in width shall be provided
where the use abuts existing residences or where properties that adjoin
are zoned for residential use and are not preserved open space or
park land.
(c)
Minimum lot area shall be one acre.
(d)
This use shall not include a shooting range
or target or gun club.
(6)
C-6. Athletic facility. This use shall be limited
to a commercial athletic recreational facility owned or operated by
a nongovernmental agency and shall be limited to the following uses
and facilities related thereto: fitness club or athletic training
center, dance or gymnastics studio; tennis, racquetball, or squash
club, and shall be subject to the following:
[Amended 3-21-1995 by Ord. No. 245; 12-16-1997 by Ord. No.
268]
(a)
A minimum lot size of three acres is required.
(b)
This use shall not permit amusement parks, shooting
range or target or gun club, or any other activity specifically listed
by this chapter as commercial recreation and entertainment or recreational
facility.
(c)
No outdoor active recreational area shall be
located nearer to any lot line than 100 feet.
(d)
A planted buffer 10 feet in width shall be provided
where the use abuts existing residences or land zoned residential.
(7)
C-7. Golf course. A golf course may include an eighteen-hole
golf course, a club house, restaurant and other accessory uses, provided
that these are clearly accessory to the golf course, and is subject
to the following provisions:
(a)
A lot area of not less than 90 acres shall be
provided.
(b)
No building shall be closer than 100 feet to
any lot line.
(c)
A buffer shall be provided, in accordance with
the provisions of this chapter, along side and rear property lines
where abutting properties are in any residential district or residential
use.
(8)
C-8. Private organization or community center. A building
and related facilities used for fraternal, educational, social, cultural
or recreational activities, owned or operated by a corporation, association
or group of individuals, or by an educational, philanthropic, governmental
or religious institution.
[Amended 10-17-2000 by Ord. No. 294]
(a)
The use shall not be conducted as a private
gainful business.
(b)
No outdoor recreational area shall be located
nearer to any lot line than 100 feet.
(c)
In residential districts, private organizations
and community centers shall be limited to those operated by groups
which do not provide dining services and/or the service of alcoholic
beverages.
(d)
The minimum lot area shall be three acres in
the R-2 and R-2b Zoning Districts, but in all other districts the
minimum lot size shall be five acres.
[Amended 4-14-2004 by Ord. No. 317]
(10)
C-10. Day-care service. Day-care service for
four or more children providing out-of-home care for part of a twenty-four-hour
day to children under 16 years of age, excluding care provided by
relatives and care provided by places of worship during religious
services, subject to the following additional provisions:
(11)
C-11. Nursing home. A nursing facility or convalescent
home licensed by the Pennsylvania Department of Health which is set
up to provide long-term health care primarily to senior residents
with chronic diseases or disabilities. This use does not include life-care
or continuing-care facilities.
(12)
C-12. Hospital. A state-licensed facility subject
to the following provisions:
(13)
C-13. Drug and alcohol rehabilitation center.
Such use shall be limited to clinics for the diagnosis, treatment
and rehabilitation of persons with dependency on drugs and/or alcohol;
such facilities must be licensed by the Commonwealth of Pennsylvania.
The minimum lot size shall be five acres.
(14)
C-14. Cemetery. A cemetery shall be limited
to a burial place or graveyard, including a mausoleum, provided that:
(a)
Cemetery area and bulk regulations.
[1]
The minimum lot size shall be 100 acres.
[2]
No more than 5% of the entire area, to a maximum
of five acres, may be devoted to aboveground buildings not serving
as burial markers or memorials, such as business and administration
offices, chapels, maintenance facilities, greenhouses, workhouses,
repair shops and the like. This restriction includes parking facilities.
[3]
For all accessory buildings, the setback line
requirement shall be the same as for single-family detached dwellings
in the zone in which the cemetery is located.
[4]
A buffer strip of at least 20 feet shall be
provided between building or burial sites and the cemetery property
line.
[5]
One dwelling, to be used for custodial personnel,
may be permitted.
(b)
Cemetery design standards.
[1]
The maximum height of buildings, including dwelling
units where permitted, shall be two stories or 35 feet.
[2]
For all entrance features, including gates,
fountains, statuary, identification signs and the like:
[a]
There shall be not more than two
identification signs at such entrance.
[b]
The main portion of entrance features
shall be located no closer to the nearest right-of-way line of any
public street than a distance equal to the building setback line required
in the district in which the cemetery is located.
[c]
No such entrance features shall
exceed 12 feet in height.
(c)
Such use may be an accessory use to any place
of worship.
(15)
C-15. Municipal/governmental building or use.
Such use shall be limited to a municipal or governmental administration
building, municipal police station, courthouse, district justice office,
road maintenance facility and such other uses as would customarily
be associated with the operations of government, except such use shall
not be deemed to encompass a landfill, incinerator or other waste
disposal facility.
[Amended 12-12-1995 by Ord. No. 248]
(16)
C-16. Detention facility. Such use shall be
limited to facilities owned and operated by the County of Bucks and
shall be limited to the following:
(a)
A juvenile detention facility as described and
regulated in 42 Pa.C.S.A. § 6327.
(b)
A rehabilitation center providing for minimum
security detention of prisoners for work release or partial confinement.
Such rehabilitation center shall not include facilities for the total
confinement of prisoners who have been sentenced or who are awaiting
trial.
(c)
A penitentiary, correctional institution or
prison.
(17)
C-17. Personal-care home for senior adults.
A facility in which food, shelter, personal assistance or supervision
are provided for a period exceeding 24 consecutive hours for more
than three adults who are not relatives of the operator and who require
assistance or supervision in matters such as dressing, bathing, diet
or medication prescribed for self-administration but do not require
hospitalization or care in a skilled nursing or intermediate care
facility. A personal-care home for senior adults shall comply with
the following requirements:
[Added 5-1-1990 by Ord. No. 197]
(a)
The facility shall meet the standards and requirements
for licensing of personal-care boarding homes as established by the
Pennsylvania Department of Public Welfare and shall be licensed by
the Commonwealth of Pennsylvania. Residents of the facility shall
be 55 years of age of older, but in the case of married couples wishing
to be admitted together, at least one of the individuals must be 55
years of age or older.
(b)
The maximum density shall be 20 beds per acre
of net lot area unless the facility is located within the C-2 Commercial
District. ["Net lot area" is defined as the lot area less covenants,
easements, rights-of-way and resource-protected areas pursuant to
§ 175-27C(2)(b),[7] and, for the purposes of this use, a bed shall be used
as the indicator of the capacity of the facilities so that the maximum
capacity of the facility shall not exceed 20 beds per acre.]
[Amended 10-7-2008 by Ord. No. 343]
(c)
A maximum of 10% of the facility's beds may
be included within independent living units, as defined by the Pennsylvania
Department of Public Welfare.
(d)
(e)
A buffer area, planted and maintained in accordance with the provisions of Article V, shall be established and shall have a minimum width of 30 feet. A buffer area shall be located along all lot lines except where the lot line is a front street line.
(f)
A minimum of 40% of the tract shall be devoted
to open space, which shall be area which is not used for building,
parking, paving, loading area, detention basins, accessory buildings,
rights-of-way, etc., but the open space may include minimum yard requirements
for this district, all of which said open space shall be landscaped
or, if wooded, may be left in its natural state.
(g)
For the purposes of this use, the open space must be contained within the lot which will ultimately include the personal care facility, and the site upon which the facility is to be placed must, in and of itself, meet all of the requirements of this chapter and Chapter 153, Subdivision and Land Development, including but not limited to such issues as environmental performance standards and tree preservation, etc.
D.
Office uses.
(1)
D-1. Office. A building for business, professional
or governmental offices, provided that:
(a)
Such use shall be carried on wholly indoors
and within the principal building.
(b)
No office building shall include a store, beauty
shop or other personal service shop.
(c)
No office building shall include a store front,
a store window or any other retail commercial characteristic which
detracts materially from the character of the district or surrounding
neighborhood.
(d)
No structure designed for office use erected
or renovated after the effective date of this chapter shall include
any dwelling unit or units.
(2)
D-2. Medical office. Such use shall be limited to
a building or buildings with multiple offices for more than one physician
or dentist or other medical professional for examination or treatment
of persons as outpatients and laboratories incidental thereto.
E.
Retail and consumer services uses.
(1)
E-1. Retail shop. A retail shop shall be limited to
a store selling apparel, baked goods, books, confections, catering
services, drugs, dry goods, flowers, foodstuffs, furniture, gifts,
hardware, household appliances, jewelry, liquor, milk, notions, periodicals,
shoes, stationery, tobacco, toys, paint, records, cards, novelties,
hobby and art supplies, music, luggage, sporting goods, pets, floor
covering, garden supplies, plants, fabrics and beer and soft drinks
or other retail goods, provided that:
(2)
E-2. Large retail store. A large retail store is a
store with greater than 10,000 square feet of floor area, including,
regardless of size, any variety store, supermarket, department store
and discount store.
(3)
E-3. Service business. A service business shall be
limited to such uses as a barber, beautician, laundry and dry cleaning
(whether or not coin-operated), shoe repair, tailor, photographer,
newspaper, printer and travel agency, provided that laundry, dry-cleaning
or clothes-pressing establishments shall not employ equipment or materials
which involve danger from fire or explosion, which detract from the
character of the district or which involve the disposal of materials
or fluids which may result in pollution of air, soil or waterways.
(4)
E-4. Financial establishment. A financial establishment
shall be limited to a bank, savings and loan association, credit union
or other financial establishment, provided that if a drive-in window
is provided, a stacking area to accommodate at least six vehicles
shall be provided for each drive-in window.
(6)
E-6. Eating place, drive-through. Such use shall be
limited to cafeterias and eating establishments in which the principal
business is the sale of foods and/or beverages in a ready-to-consume
state for consumption either within the restaurant building or for
carryout with consumption off the premises, provided that:
(a)
The use must have direct access to an arterial or community
collector street.
[Amended 11-19-2013 by Ord. No. 370]
(b)
There shall be only one point of ingress and only one point
of egress per community collector or arterial street.
[Amended 11-19-2013 by Ord. No. 370]
(c)
Where a drive-in window is proposed, a stacking
lane shall be provided to serve a minimum of 10 cars. The stacking
lane shall not be used for parking lot circulation aisles nor shall
it in any way conflict with through circulation or parking.
(d)
A pedestrian walkway shall be provided between
an existing sidewalk and the entrance to the restaurant. If there
is no sidewalk, one shall be provided along the street frontage.
(e)
All such restaurants shall provide a trash storage
area which shall be screened from the street and adjacent properties,
in accordance with this chapter, to prevent trash from blowing from
the area and to permit safe and easy removal of the trash.
(f)
Trash receptacles shall be provided outside
the restaurant for patron use.
(7)
E-7. Repair shop. A repair shop shall be limited to
any business for the repair of appliances, lawn mowers, watches, guns,
bicycles, locks and small business machines (but not including automobile,
vehicle and motorcycle repairs).
(8)
E-8. Motel, hotel and inn. Such use shall be limited
to a building or group of buildings containing rooms for rent for
the accommodation of transient guests, chiefly motorists, plus an
eating place, provided that:
(a)
The use must have direct access to a community collector or
an arterial street.
[Amended 11-19-2013 by Ord. No. 370]
(b)
Units in such facilities shall contain a minimum
of 200 square feet of floor space, with a minimum of two rooms: a
bedroom and a separate bathroom equipped with a flush water closet,
a lavatory basin and a bathtub or shower, all properly connected to
a public water and public centralized sewer system.
(c)
All such uses shall be served by public water
and public centralized sewage disposal systems.
(d)
The minimum lot area shall be 10 acres.
(e)
Any retail or commercial use accessory to the
hotel, motel or inn use shall be subject to the following restrictions:
[1]
The accessory use shall be contained within
the hotel, motel or inn building, and any customer entrance to any
place of business, except for a banquet, convention or conference
center associated with the hotel, motel or inn, shall be from inside
the building.
[2]
The accessory use, except for a banquet, convention
or conference center associated with the hotel, motel or inn, shall
be principally for customers of the hotel, motel or inn.
[3]
There shall be no display of merchandise or
other manifestation of commercial or retail use visible from the street
or property line.
(f)
Loading requirements.
[1]
There shall be at least one loading berth to
serve the facility for each three trucks serving the facility on an
average day or a suitable alternative solution applicable to the proposed
use as long as no trucks are parked on any streets and the alternative
is reviewed by the Township Planning Commission and approved by the
Township Board of Supervisors.
[2]
No permitted or required loading berth shall
be located within 50 feet of any property line.
[4]
All loading berths shall be located at the rear
of the hotel/motel/inn facility.
(9)
E-9. Commercial recreation and entertainment. An indoor
or outdoor entertainment or recreational facility operated as a commercial
venture, which may include a bowling alley, skating rink, movie theater,
theater, games arcade, recreational camps, driving range, chip and
putt golf or miniature golf.
[Amended 12-16-1997 by Ord. No. 268]
(10)
E-10. Service station. A service station shall
be limited to a building or group of buildings for the sale of petroleum
products, tires and automotive service, provided that:
(a)
A minimum lot width of not less than 200 feet
shall be provided along each street on which the lot abuts.
(b)
The minimum lot area shall be one acre.
(c)
Such use shall be located on an arterial or
a higher order road.
(d)
All fuel tanks shall be placed underground.
(e)
All pumps, lifts and other service facilities
shall be located not closer than 35 feet to any lot or street line.
(f)
No vehicle shall be stored in the open, except
those awaiting minor repairs, for a period exceeding seven consecutive
days, unless screened from adjacent or residential properties.
(g)
All lubricating, making of minor repairs or
similar activities shall be performed in an enclosed building.
(h)
Separate accessways shall be provided for the
safe and convenient egress and ingress of motor vehicles. No accessway
shall exceed 35 feet in width nor be less than 15 feet in width.
(i)
Access to the street shall be physically controlled
by a concrete curbing at least eight inches in height.
(j)
All parking, access and outdoor service areas
shall be graded, surfaced, drained and suitably maintained to the
satisfaction of the Township Engineer to the extent necessary to avoid
nuisances of dust, erosion or excessive water flow across streets.
(k)
All automobile parts and similar articles shall
be stored within a building.
(l)
All refuse shall be stored within a building
or enclosed area.
(m)
Paint spraying or body and fender work shall
not be permitted.
(n)
Junk vehicles shall not be stored in the open
at any time.
(o)
The sale or rental of automobiles, trucks, trailers
or other vehicles shall be prohibited.
(q)
Service stations designed to offer to the public
self-service facilities for dispensing of gasoline and other motor
vehicle fuels shall meet the following conditions:
[1]
At least one qualified attendant shall be on
duty while the station is open to the public, whose primary function
shall be to supervise, observe and control dispensing of flammable
or combustible liquids.
[2]
The attendants shall be situated so as to have
a clear view of the dispensing operations.
[3]
A voice communication system, such as but not
limited to an intercom system, shall be provided so as to allow direct
voice communications at all times between the person dispensing flammable
or combustible liquids and the attendant.
[4]
Emergency controls, including the main power
shutoff, shall be conspicuously posted in the immediate vicinity of
the principal control or the dispenser island.
[5]
Instructions for the operation of the dispensers
shall be conspicuously posted on either the dispenser or the dispenser
island.
[6]
A list of emergency procedures and instructions
shall be conspicuously posted in the immediate vicinity of the principal
control location of the attendant.
[7]
Fire-extinguishing and flammable liquids dispensing
equipment shall be approved through National Standards testing.
[8]
At least one fire extinguisher shall be located
within 25 feet of each gasoline pump.
[9]
Warning signs shall be placed in a conspicuous
place with each sign indicating "Warning: (a) It is unlawful to dispense
gasoline into any portable container unless the container is constructed
of metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop
motor."
(11)
E-11. Automotive sales. Automotive sales shall
be limited to the sale and lease of automobiles by a duly franchised
new car, truck, boat or motorcycle dealership; used car, truck, boat
or motorcycle sales; or car, truck, trailer, motorcycle and/or boat
rentals; farm machinery or travel campers, provided that:
(a)
Lighting. All outside lighting shall be directed
in such a way as not to create a nuisance to any adjacent property,
and all lighting shall be arranged and shielded so as to protect the
street or highway and adjoining property from direct glare or hazardous
interference of any kind.
(b)
All facilities shall be located and all services
be conducted within the confines of the lot.
(c)
All preparation, lubrication, repair or similar
activities shall be accessory.
(12)
E-12. Automotive body repair and paint shop.
Such use shall be limited to paint spraying, body and fender work
and custom body work, provided that:
(14)
E-14. Shopping center. Such use shall be limited
to a building or a group of buildings, designed as a planned complex
of related structures and circulation patterns, subject to the following
additional criteria:
(a)
Such centers shall have a lot area of not less
than 10 acres and a lot width of not less than 500 feet at the street
right-of-way line.
(b)
The majority of all parking shall be provided
in separate areas surrounding any group of shopping buildings.
(c)
Such centers shall be located on an arterial
or higher order road.
(d)
The following uses are permitted as part of
a shopping center:
|
C-3
|
Commercial school
|
|
C-6
|
Athletic facility
|
|
D-1
|
Office
|
|
D-2
|
Medical office
|
|
E-1
|
Retail shop
|
|
E-2
|
Large retail store
|
|
E-3
|
Service business
|
|
E-4
|
Financial establishment
|
|
E-5
|
Eating place
|
|
E-6
|
Eating place, drive through
|
|
E-9
|
Entertainment
|
(e)
The shopping center shall be constructed in
accordance with an overall plan and designed with a single architectural
style approved by the Board of Supervisors.
(f)
Regulations dealing with lighting, parking,
outdoor storage, buffering, points of access, signs, landscaping and
other applicable regulations set forth herein shall be met.
(g)
All establishments in the shopping center must
have vehicular service access either from an individual service yard
or from a common service area serving several establishments. All
such service areas must be segregated from public areas and screened
from public view.
(h)
Within a tract to be used for a shopping center,
subdivision of the tract into individual lots is not permitted.
(15)
E-15. Funeral home. Such use shall be limited
to a mortuary or funeral home and shall not include a cemetery, columbarium,
mausoleum or other permanent storage facility.
(16)
E-16. Veterinary office or clinic. Such use
shall be limited to the office of veterinarian. If a kennel is part
of the office or clinic, the use shall meet the regulations of use
A-3, Kennel.
(17)
E-17. Flea market. The outdoor sale of handicraft
items, art, flowers, household goods and antiques, provided that:
(a)
The maximum site area shall be 15 acres.
(b)
The minimum site area shall be five acres.
(c)
The minimum setback from all property lines
and the street right-of-way line shall be 50 feet.
(d)
A planted buffer shall be provided wherever
the use abuts a noncommercial district or use.
(e)
Snack stands and food vendors operating outside
an enclosed building are permitted. Vending machines located outside
an enclosed building shall be prohibited.
(f)
Tables and other accessories to the flea market
use shall be stored within a completely enclosed building when the
market is not open or otherwise in operation.
(18)
E-18. Banquet facility. A facility available
for special dinners, banquets or other dining events by prearrangement
with the management of the facility for groups or parties and not
open to the general public on a daily basis; not an eating place or
restaurant.
(19)
E-19. Adult-oriented use.
[Added 5-5-2009 by Ord. No. 347]
(a)
The building or structure of such use shall
be located no less than 400 feet from any residential use or district,
public or private school, church recreation facility or any other
religious, institutional or educational, or any youth-oriented use
(e.g., day-care service, entertainment, and including parks and recreation
areas) within Doylestown Township or any adjoining municipality.
(b)
No such use shall be located within 2,000 feet
of a similar use.
(c)
No display of adult-related materials depicting
specified sexual activities or specified anatomical areas shall be
visible from a window, door or exterior of the building.
(d)
No person under the age of 18 years of age shall
be permitted within a building whose operation would be considered
an adult-oriented establishment.
(e)
No more than one adult-oriented use shall be
permitted within any one building or lot, and no adult-oriented use
shall be permitted on the same lot as any other principal use.
(f)
No adult-oriented use or activity may change
to another type of adult-oriented use or activity except upon application
to and approval by the Zoning Hearing Board of such change as a special
exception.
(g)
The entrance to the adult-oriented use shall
include a sign warning all individuals that the premises is classified
as an adult-oriented use and that no persons under the age of 18 are
permitted on the premises.
(h)
No adult-oriented use may remain open at any
time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and
Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.
(j)
It shall be a violation of this subsection for
a person to knowingly or intentionally, in an adult-oriented use,
appear in a nude or seminude condition, unless the person is an employee
who, while nude or seminude, shall be at least 10 feet from any patron
or customer and on a stage at least two feet above the floor level.
(20)
E-20. Medical marijuana dispensary.
[Added 6-20-2017 by Ord.
No. 383]
(a)
A medical marijuana dispensary must be legally registered in the
commonwealth and possess a current valid medical marijuana permit
from the Pennsylvania Department of Health. A medical marijuana dispensary
shall provide proof of registration with the Pennsylvania Department
of Health and shall at all times maintain a valid, accurate, and up-to-date
registration with the Pennsylvania Department of Health. Should registration
be denied or revoked at any time, any permits shall immediately become
void.
(b)
A medical marijuana dispensary shall at all times operate in compliance
with all Pennsylvania Department of Health regulations pertaining
to such facilities.
(c)
A medical marijuana dispensary must operate entirely within an indoor,
enclosed, and secured facility. No exterior sales and no sidewalk
displays shall be permitted. No drive-through, dropoff, or pickup
services shall be permitted.
(d)
A medical marijuana dispensary may not be located:
[1]
Within 1,000 feet of the property line of the property line of a
public, private, or parochial school or day-care center. This distance
shall be measured in a straight line from the closest exterior walls
of the buildings or portions thereof in which the businesses are conducted
or proposed to be conducted. Any medical marijuana facility lawfully
operating shall not be rendered in violation of these provisions by
the subsequent location of a public, private, or parochial school
or day-care center;
[2]
At the same site used for growing and processing medical marijuana;
and
[3]
In the same office as a practitioner or other physician.
(e)
A medical marijuana dispensary shall submit a security plan to the
Township. The security plan shall specify the type and manner of twenty-four-hour
security, tracking, recordkeeping, record retention, and surveillance
system to be utilized in the facility as required by the Medical Marijuana
Act and as supplemented by regulations promulgated by the Pennsylvania
Department of Health pursuant to the Medical Marijuana Act.
(f)
A dispensary shall post a copy of its permit in a location within
its facility in a manner that is easily observable by patients, caregivers,
law enforcement officers, and agents of the Pennsylvania Department
of Health.
(21)
E-21. Motor vehicle fueling center and retail shop. A facility associated
with the sale of gasoline and other motor vehicle fuel products that
also offers for sale grocery type items, and including items from
the following groups: beverages, snacks (including confectionery),
dairy products and tobacco. Food preparation for take-away consumption
shall be permitted. The use may provide for indoor automated teller
machines and financial services, indoor public telephone facilities,
indoor vending machines, electric vehicle charging stations, and air
pumps for the inflation of tires.
[Added 2-16-2021 by Ord. No. 401; amended 4-18-2023 by Ord. No. 410]
(a)
The minimum required lot area: two acres.
(b)
The minimum required lot width: 200 feet measured at the street line.
(d)
All activities except those performed at fuel pumps and air pumps
must be performed completely within an enclosed building.
(e)
No drive-in windows are permitted for the sale of convenience items.
(f)
The applicant shall incorporate design elements such as buffer plantings,
sidewalks, fencing, ornamental plantings, and other similar features
to enhance the aesthetics of the street frontage.
(h)
A traffic impact and pedestrian/bicycle circulation study as required by Chapter 153, Subdivision and Land Development, shall be submitted as part of the application.
(i)
No vehicle may be stored on the site,and no vehicle may remain on
the premises for more than 24 hours.
(j)
As part of the land development approval process, the applicant is
required to present a plan that demonstrates the methods by which
any spills of liquids will be contained and shall also demonstrate
that the stormwater management system is designed to capture volatile
organic compounds, oils and solids. The applicant shall submit a copy
of the maintenance agreement setting forth the terms for the management
of the facility.
(k)
Canopies over pump islands shall be constructed with pitched roofs,
and canopy columns shall be laced with brick wainscoting or similar
materials up to a height of at least six feet. All building facades
facing a public right-of-way must include two additional features
among this list: windows, pent roofs, offsets, variations in materials,
or other architectural amenities designed to enhance the building's
appearance.
(l)
Such use may he conducted on a twenty-four-hour basis, notwithstanding
any other provision of this subsection, providing that all of the
following criteria are met:
[1]
No deliveries or pick-up of inventory, merchandise, foodstuffs, fuel,
trash, or other product shall occur between the hours of 10:00 p.m.
and 7:00 a.m.
[2]
A buffer or screen which is a minimum six feet high above grade,
consisting of two of the following elements (except for an area occupied
by a trash enclosure, in which case the screen shall consist of one
of the following elements): a decorative wall, fencing, or landscaping
to screen adjoining residential properties and to inhibit light generated
on-site from traversing off the site.
[3]
No amplified sound and/or gas pump televisions are permitted to be
operated between the hours of 10:00 p.m. and 7:00 a.m.
(m)
All trash shall be stored within a building or enclosed area.
F.
All common carriers, public utilities and public service
organizations.
(1)
F-1. Utility operating facility. Such use shall be
limited to a sewage pumping station, electrical substation, telephone
substation, sewage treatment plant, and any public service or utility,
not including a public incinerator, public or private landfill, or
a wireless communications facility, and provided that the following
conditions are met:
[Amended 12-12-1997 by Ord. No. 268; 1-19-1999 by Ord. No. 272; 9-30-2014 by Ord. No. 373]
(a)
Such installation must be essential to serve
the Township of Doylestown.
(b)
No zoning permit shall be required for public
utilities to be located in public streets or rights-of-way.
(c)
The following minimum setbacks from all property
lines shall be provided:
[1]
Water tower: setback not less than the height
of the tower, plus 200 feet.
[2]
Electrical substation: 50 feet.
[3]
Well facility: 100 feet.
[4]
Sewer pumping station: 50 feet.
[5]
Water treatment facility: 100 feet.
[6]
Water pump station: 20 feet.
[7]
Sewage treatment plant: 200 feet.
[8]
All other uses: 50 feet.
(d)
Minimum lot sizes shall be adequate to accommodate
the above setbacks, parking requirements and other building requirements.
(e)
No parking shall be permitted within the required
setbacks.
(2)
F-2. Emergency services. Emergency services shall
be limited to fire, ambulance, rescue and other emergency services
of a municipal or volunteer nature.
(3)
F-3. Terminal. A terminal shall be limited to a railway
station or bus station providing transportation services to the general
public.
(4)
F-4. Wireless communications facilities. The antennas, nodes, control
boxes, towers, poles, conduits, ducts, pedestals, electronics and
other equipment used for the purpose of transmitting, receiving, distributing,
providing, or accommodating wireless telecommunications services.
[Added 12-16-1997 by Ord. No. 268; amended 1-19-1999 by Ord. No.
272; 9-30-2014 by Ord. No. 373]
(a)
CAMOUFLAGING METHODS
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS (DAS)
EMERGENCY
EQUIPMENT COMPOUND
MODIFICATION
MONOPOLE
REPLACEMENT
SUBSTANTIALLY CHANGE
[1]
[2]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
WIRELESS SUPPORT STRUCTURE
Definitions. Terms used in this section shall have the following
meanings:
Concealing techniques applied to wireless communications
towers, antennas and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, flagpoles and light poles.
The placement or installation of new non-tower-based wireless
communications facilities on previously approved and constructed wireless
support structures, such as monopoles, utility poles, or light poles.
The term includes the placement, replacement, or modification of accessory/related
equipment within a previously approved equipment compound.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory/related equipment
is stored.
The improvements, upgrade, or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facility located within an existing equipment
compound if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
The replacement of wireless communications facilities on
an existing wires support structure or within an existing equipment
compound due to maintenance, repair, or technological advancement
with equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight, and height as the wireless
communications facility initially installed and that does not substantially
change the physical dimensions of the existing support structure.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Township-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
(b)
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
[1]
Standard of care. The WCF applicant shall present documentation
that the tower-based WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
[2]
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI EIA/TIA-222-E Code, as amended).
[3]
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[4]
Maintenance. The following maintenance requirements shall apply:
[a]
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[5]
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[6]
Historic buildings or districts. No tower-based WCF may be located
on a building, structure, or site that is listed on either the National
or Pennsylvania Register of Historic Places or the Official Historic
Structures and/or Historic Districts List maintained by the Township
or has been designated by the Township as being of historic significance.
[7]
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
[8]
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
[9]
Appearance. Towers shall be galvanized and/or painted with
a rust-preventive paint of an appropriate color to harmonize with
the surroundings.
[10]
Noise. Tower-based WCFs shall be operated and
maintained so as not to produce noise in excess of 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.
[11]
Aviation safety. Tower-based WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
[12]
Notice. Upon receipt of an application for a tower-based
WCF, the Township shall mail notice thereof to the owner or owners
of every property within 500 linear feet of the property or parcel
of the proposed facility.
[13]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
[14]
Timing of approval. Within 30 calendar days of
the date that an application for a tower-based WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. 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
WCFs shall be acted upon within 90 days of the receipt of a fully
completed application for the approval of such tower-based WCFs, and
the Township shall advise the applicant in writing of its decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the ninety-day review period.
[15]
Nonconforming uses. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location but must
otherwise comply with the terms and conditions of this section.
[16]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
[a]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site, unless a time extension is approved by the
Township.
[b]
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.
[c]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Township must approve all replacements of portions
of a tower-based WCF previously removed.
[17]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a tower-based WCF, as well as related inspection, monitoring and related
costs.
[18]
Bond. Prior to the issuance of a permit, the owner
of a tower-based WCF shall, at its own cost and expense, obtain a
bond from a surety licensed to do business in Pennsylvania and maintain
said bond, or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this section. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
section, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Township.
(c)
Tower-based facilities outside the rights-of-way. The following
regulations shall apply to tower-based wireless communications facilities
located outside the rights-of-way:
[1]
Development regulations:
[a]
Allowable districts. Applicants seeking to construct a tower-based WCF must first apply to the Township to determine if a suitable site is available on Township-owned and/or -controlled land or structures, irrespective of zoning district. If the facility is not to be located on Township-owned and/or controlled facilities, tower-based WCFs are permitted in the C-1, C-2, and L-1 Zoning Districts only as a special exception, in accordance with the requirements of § 175-16F(4)(c) and as approved by the Zoning Hearing Board.
[b]
Gap in coverage. An applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of WCF being proposed is the least-intrusive means by
which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based WCFs.
[c]
Height. Any tower-based WCF outside of the rights-of-way
shall be designed at the minimum functional height and shall not exceed
a maximum total height of 150 feet, which height shall include all
subsequent additions or alterations. All tower-based WCF applicants
must submit documentation to the Township justifying the total height
of the structure.
[d]
Sole use on a lot. A tower-based WCF is permitted
as a sole use on a lot, subject to the minimum lot area and yards,
complying with the requirements for the applicable zoning district.
[e]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use or on a vacant parcel
in combination with another industrial, commercial, institutional
or municipal use, subject to the following conditions:
[i]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[ii]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[iii]
Minimum setbacks. The tower-based WCF and accompanying
equipment building shall not be located in the minimum front, rear,
or side yard setbacks for the applicable zoning district. Further,
no tower-based WCF shall be located within 200 feet of any occupied
building.
[iv]
Vehicular access to the tower-based WCF shall
not interfere with parking or circulation on the site.
[2]
Co-location. An application for a new tower-based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
[3]
Design regulations:
[a]
The WCF shall employ the most-current camouflaging
methods available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
camouflaging methods chosen by the WCF applicant shall be subject
to the approval of the Township.
[b]
Where the proposed site abuts a residential zoning
district, tower-based WCFs shall be permitted only where they are
disguised by attaching them to an existing tall structure where the
proposed tower-based WCF does not increase the height of the existing
structure or by disguising the tower-based WCF so it resembles a tree,
a silo, or a church steeple so that it will fit in with the residential
character of the community.
[c]
Any height extensions to an existing tower-based
WCF shall require prior approval of the Township.
[d]
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[4]
Surrounding environs:
[a]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[b]
The WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA 222-E, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
[5]
Fence/screen:
[a]
A security fence having a maximum height of six
feet shall completely surround any tower-based WCF, guy wires, or
any building housing WCF equipment.
[b]
An evergreen screen that consists of a hedge, or
a row of evergreen trees shall be located along the perimeter of the
security fence.
[c]
The WCF applicant shall submit a landscape plan
for review and approval by the Township Planning Commission for all
proposed screening.
[6]
Accessory equipment:
[a]
Ground-mounted equipment associated with, or connected
to, a tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Township Engineer, then the ground-mounted
equipment shall be screened from public view using camouflaging methods,
as described above.
[b]
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
[7]
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
[8]
Access road/lease area. An access road, turnaround space and
parking shall be provided to ensure adequate emergency and service
access to tower-based WCFs. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Township that the
property owner has granted an easement and/or signed a lease agreement
for the proposed facility.
[9]
Site plan required. In order to determine that the requirements
of the conditional use and this section are met, the applicant shall
present a site plan showing, at a minimum, the following items:
[a]
Locations of all existing uses and proposed WCFs.
[b]
Elevations and drawings of any existing uses and
proposed tower-based WCFs, showing proposed width, depth, height,
architectural style and structural data for any towers, antenna, etc.,
proposed.
[c]
Site boundary, lease area boundary, zoning data,
setbacks/yards, and adjacent uses.
[d]
Vehicular access, fencing, landscaping, utility
and/or access easements.
[10]
Inspection. The Township reserves the right to
inspect any tower-based WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
(d)
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
[1]
Prohibited in rights-of-way of neighborhood collectors and residential
access streets and in residential zoning districts. No tower-based
WCF shall be located within the rights-of-way or future rights-of-way
of any neighborhood collector or residential access street as designated
by the Township, nor will any tower-based WCF be located within a
residential zone or within 500 feet of a lot in residential use or
a residential boundary.
[2]
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed in the least-intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs in the ROW.
[3]
Height. Any tower-based WCF in rights-of-way shall be designed
at the minimum functional height and shall not exceed a maximum total
height of 35 feet, which height shall include all subsequent additions
or alterations. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure.
[4]
Co-location. An application for a new tower-based WCF in the
ROW shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF in the ROW shall include a comprehensive
inventory of all existing towers and other suitable structures within
a one-mile radius from the point of the proposed tower, unless the
applicant can show to the satisfaction of the Township that a different
distance is more reasonable, and shall demonstrate conclusively why
an existing tower or other suitable structure cannot be utilized.
[5]
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
[6]
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment that cannot be placed
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features to the satisfaction
of the Township.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Township.
[7]
Design regulations.
[a]
The WCF shall employ the most-current camouflaging
methods available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
camouflaging methods chosen by the WCF applicant shall be subject
to the approval of the Township.
[b]
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[8]
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
[9]
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[10]
Compensation for ROW use. In addition to permit fees as described in Subsection F(4)(b)[17] above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCFs.
(e)
General requirements for all non-tower wireless communications
facilities.
[1]
If the application for a non-tower wireless communications facility (WCF) is a co-location, modification, or a replacement AND meets all of the criteria listed below in Subsection F(4)(e)[1][a] through [e], then the requirements contained in Subsection F(4)(e)[2], herein will be applicable. Should the application not be considered a co-location, modification, or replacement OR if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection F(4)(e)[3] contained herein.
[a]
The proposed co-location, modification, or replacement
of a non-tower WCF does not substantially change the physical dimensions
of the wireless support structure to which the non-tower WCFs are
attached.
[b]
The proposed co-location, modification, or replacement
of a non-tower WCF does not further increase the height of a wireless
support structure which had already been extended by more than 10%
of it originally approved height or by the height of one additional
antenna array.
[c]
The proposed co-location, modification, or replacement
does not increase the dimensions of the equipment compound previously
approved by Doylestown Township.
[d]
The proposed co-location, modification, or replacement
complies with the applicable conditions of approval applied to the
initial tower-based WCF, equipment compound, and wireless support
structure.
[e]
The proposed co-location, modification, or replacement
does not exceed the applicable wind loading and structural loading
requirements for the wireless support structure.
[2]
The following regulations shall apply to all non-tower wireless communications facilities that are considered a co-location, modification, or replacement and meet ALL of the criteria outlined in Subsection F(4)(e)[1] above:
[a]
Permitted in all zoning districts subject to regulations.
Non-tower WCFs are permitted in all zoning districts, subject to the
restrictions and conditions prescribed below and subject to the prior
written approval of the Township.
[b]
Standard of care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
non-tower WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
[c]
Wind. Any non-tower WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI EIA/TIA-222-E Code, as amended). A copy
of the structural analysis, signed and sealed by a registered engineer
in the Commonwealth of Pennsylvania, shall be submitted to the Township
as a portion of the original application.
[d]
Public safety communications. No non-tower WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[e]
Aviation safety. Non-tower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
[f]
Radio frequency emissions. No non-tower WCF may,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[g]
Removal. In the event that use of a non-tower WCF
is discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned non-tower WCFs or portions of non-tower
WCFs shall be removed as follows:
[i]
All abandoned or unused non-tower WCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site, unless a time extension is approved by the
Township.
[ii]
If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 and/or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.
[h]
Timing of approval. Within 30 calendar days of
the date that an application for a non-tower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. 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.
[i]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a non-tower WCF or $1,000, whichever is less.
[3]
The following regulations shall apply to all non-tower wireless communications facilities that are not considered co-locations, modifications, or replacements OR do not meet all the requirements of the criteria listed in Subsection F(4)(e)[1]:
[a]
Permitted in all zoning districts subject to regulations.
Non-tower WCFs are permitted in all zoning districts, subject to the
restrictions and conditions prescribed below and subject to the prior
written approval of the Township.
[b]
Upon receipt of an application for any non-tower
WCF, the Township shall mail notice thereof to the owner or owners
of every property within 500 linear feet of the parcel or property
of the proposed facility.
[c]
Standard of care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
non-tower WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
[d]
Wind. Any non-tower WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI EIN/TIA-222-E Code, as amended).
[e]
Public safety communications. No non-tower WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[f]
Historic buildings. Non-tower WCFs may not be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or the Official Historic
Structures and/or Historic District List maintained by the Township
or has been designated by the Township as being of historic significance.
[g]
Aviation safety. Non-tower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
[h]
Maintenance. The following maintenance requirements
shall apply:
[i]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[ii]
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.
[iii]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[i]
Radio frequency emissions. No non-tower WCF may,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[j]
Removal. In the event that use of a non-tower WCF
is discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned non-tower WCFs or portions of non-tower
WCFs shall be removed as follows:
[i]
All abandoned or unused non-tower WCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site, unless a time extension is approved by the
Township.
[ii]
If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 and/or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.
[k]
Timing of approval. Within 30 calendar days of
the date that an application for a non-tower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. 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.
[l]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the non-tower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the non-tower WCF shall reimburse the Township for
all costs of the Township's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
[m]
Bond. Prior to the issuance of a permit, the owner
of each individual non-tower WCF shall, at its own cost and expense,
obtain a bond from a surety licensed to do business in Pennsylvania
and maintain said bond, or other form of security acceptable to the
Township Solicitor, in an amount of $5,000 for each individual non-tower
WCF, to assure the faithful performance of the terms and conditions
of this section. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this section, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
[n]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a non-tower WCF, as well as related inspection, monitoring and related
costs.
(f)
Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that do not meet the criteria in Subsection (e)[1]:
[1]
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or previously approved
wireless support structures, subject to the following conditions:
[a]
Such non-tower WCF does not exceed a maximum height
of 150 feet, inclusive of its support structure.
[b]
If the non-tower WCF applicant proposes to locate
the communications equipment in a separate building, the building
shall comply with the minimum requirements for the applicable zoning
district.
[c]
A six-foot-high security fence shall surround any
separate communications equipment building. Vehicular access to the
communications equipment building shall not interfere with the parking
or vehicular circulations on the site for the principal use.
[2]
Design regulations.
[a]
Non-tower WCFs shall employ camouflaging methods
and be treated to match the supporting structure in order to minimize
aesthetic impact. The application of the camouflaging methods chosen
by the non-tower WCF applicant shall be subject to the approval of
the Township.
[b]
Non-tower WCFs which are mounted to a building
or similar structure may not exceed a height of 15 feet above the
roof or parapet, whichever is higher, unless the non-tower WCF applicant
obtains a conditional use permit.
[c]
All non-tower WCF applicants must submit documentation
to the Township justifying the total height of the non-tower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[d]
Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[3]
Removal, replacement, modification.
[a]
The removal and replacement of non-tower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
non-tower WCF is permitted, so long as such repair or upgrade does
not increase the overall size of the non-tower WCF or the number of
antennas.
[b]
Any substantial modification to a wireless telecommunication
facility shall require a prior amendment to the original permit or
authorization.
[4]
Inspection. The Township reserves the right to inspect any non-tower
WCF to ensure compliance with the provisions of this section and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a non-tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
(g)
Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in Subsection (e)[1]:
[1]
Col-location. Non-tower WCFs in the ROW shall be co-located
on existing poles, such as existing utility poles or light poles.
[2]
Design requirements:
[a]
Non-tower WCF installations located above the surface
grade in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall be compatible in scale and proportion
to the structures upon which they are mounted. Non-tower WCFs in the
ROW may not exceed a height of six feet above the structure upon which
they are mounted, unless the applicant receives a conditional use
permit. All equipment shall be the smallest and least visibly intrusive
equipment feasible.
[b]
Antennas and all support equipment shall be treated
to match the supporting structure. Non-tower WCFs and accompanying
equipment shall be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted.
[3]
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment shall be located underground.
In the event an applicant can demonstrate, to the satisfaction of
the Township Engineer, that ground-mounted equipment cannot be placed
underground, then all such equipment shall be screened, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Township.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[e]
Any underground vaults related to non-tower WCFs
shall be reviewed and approved by the Township.
[4]
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
[5]
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a non-tower WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any non-tower WCF when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[6]
Compensation for ROW use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
G.
Industrial uses.
(1)
G-1. Manufacturing. Manufacturing uses shall include
but not be limited to the production, processing, cleaning and testing
of materials, goods, foodstuffs and products from the following previously
processed and prepared materials: bone, ceramics, cork, feathers,
felt, fur, glass, hair, horn, leather, metal, paper, plaster, plastics,
precious and semiprecious stones, rubber, shells, textiles and tobacco.
Manufacturing may also include the manufacture of electrical appliances
and supplies, small or hand tools, hardware, toys, jewelry, clocks
and watches, musical, professional and scientific instruments, optical
goods, machinery and machine tools, electrical equipment, motors,
iron and steel products, including fabrication and assembly, or other
similar uses.
(2)
G-2. Research. Scientific or industrial research,
testing or experimental laboratory or similar establishment for research
or product development, provided that:
(3)
G-3. Mini warehouse, mini storage. Such use shall
be limited to the storage of items, limited to personal property generally
stored in residential structures, within a warehouse structure or
mini warehouse structure, provided that:
(a)
The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 175-21.
[Amended 12.16-1997 by Ord. No. 268]
(b)
The minimum driveway width between buildings
shall be 20 feet.
(c)
No business activity other than leasing of storage
units shall be permitted.
(d)
All storage shall be within enclosed buildings.
(e)
Explosive, radioactive or highly flammable materials
and automobiles shall be prohibited.
(4)
G-4. Printing. Such use shall be limited to printing,
publishing and binding.
(5)
G-5. Contract services. Contract services shall be
limited to offices and supply shops such as building supplies, cement,
electric, heating, plumbing, masonry, painting, landscaping and roofing.
(6)
G-6. Trades. Such use shall be limited to a plumbing
shop, carpentry shop, electrical shop, cabinetmaking, furniture-making
and other similar trades, provided that this use shall not include
outside storage.
(8)
G-8. Building materials sale. Such use shall be limited
to a lumberyard and the storage and sale of finished products used
in building and construction, such as concrete and metal pipes, provided
that:
(a)
Millworking is permitted as an accessory use.
(b)
Storage yards shall be fully enclosed by fencing
and a landscaped buffer at least 20 feet in width.
(c)
The storage of flammable or toxic gases and
liquids and the production and mixing of asphalt and concrete is prohibited.
(d)
The minimum lot area shall be three acres.
(9)
G-9. Equipment storage yards. Such use shall be limited
to the rental and storage of construction equipment. No storage of
junk vehicles shall be permitted.
(11)
G-11. Food processing. This use shall be limited
to food processing, packing, canning of meat, fish, dairy and other
food products as well as the manufacture and packaging of nonalcoholic
beverages, provided that such uses are served by public water and
public sewer services.
(12)
G-12. Recycling facility. Such use shall be
limited to an area of land, with or without buildings, that is used
for the storage of used or discarded materials, administered by the
municipality for the purpose of recycling, including but not limited
to wastepaper, metal and glass, provided that:
(a)
The proposed use of an area shall not be detrimental
to adjacent land uses.
(b)
There shall be maximum lot size of five acres.
(c)
Such use shall be a minimum of 200 feet from
any public road as measured from the street line.
(d)
The land area used for such purposes shall be
hidden from public view by an evergreen buffer so that it is not visible
from neighboring streets, residences or other structures.
(e)
There shall be no compacting of automobiles
and no storage of auto chassis from which usable parts have been removed.
(f)
The storage of paper shall be within a building.
(g)
The storage of toxic chemicals shall be prohibited.
(h)
Dumping of trash or landfill operations and
burning of any materials shall specifically be prohibited.
(i)
Any such uses shall be sealed from groundwater
contamination.
(13)
G-13. Mineral extraction. Such use shall include, but is not
limited to, extractive operations for limestone and dolomite, sand
and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore,
vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil, and natural gas, subject to the following provisions:
[Amended 1-15-2019 by Ord. No. 394]
(a)
DERRICK
DRILLING
DRILLING EQUIPMENT
The following definitions are applicable to the regulations contained herein and within Article XVI.
Any portable framework, tower mast, and/or structure that
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
Any digging or boring of a new or existing well to explore,
develop, or produce oil, gas, or other hydrocarbons, or to inject
gas, water, or any other fluid or substance into the earth.
The derrick, all parts and appurtenances to such structure,
and every piece of apparatus, machinery, or equipment used, erected,
or maintained for use in connection with drilling.
(b)
The activities and residual effects shall not create conditions
hazardous or otherwise adverse to the value and use of adjacent properties
or the well-being of the surrounding area and its residents.
(c)
The site shall be reclaimed to a nonhazardous state permitting
some reasonable future use and so that the extracting activities and
resulting condition of the site will not result in environmental degradation
of the surrounding area.
(d)
All activities of these land uses shall comply with all setback
requirements of the zoning district in which the site is located or
a minimum of 100 feet, whichever is greater, to protect adjacent properties.
(e)
Unique or environmentally significant natural features and significant
historic or architectural structures and sites shall be protected
from disruption or adverse effects from quarrying and/or mining activities.
(f)
Access to the site shall be from a community collector or arterial
street.
(g)
A narrative describing an overview of the project, including
the number of acres to be involved, the number of wells to be drilled
(if applicable), the location, and the number and description of equipment
and structures, to the extent known, shall be provided.
(h)
The contact information of the individual(s) responsible for
the operation and activities at the site shall be provided to the
Township and all emergency service and all emergency service responders.
Such information shall include a phone number where such individual(s)
can be contacted 24 hours per day, 365 days per year.
(i)
A location map of the site showing the approximate location
of derricks, drilling rigs, equipment and structures (as applicable),
and all permanent improvements to the site, and any post-construction
disturbance in relation to natural and other surroundings shall be
provided. Included in this map shall be an area within the development
site for the location and parking of vehicles and equipment used in
the transportation of personnel and/or development and use of the
site.
(j)
A narrative and map describing the manner and routes for the
transportation and delivery of equipment, machinery, water, chemicals,
and other materials used in the siting, drilling, construction, maintenance,
and operation of the site shall be provided.
(k)
A certification or evidence satisfactory to the Township that,
prior to the commencement of any activity at the site, the applicant
shall have accepted and complied with any applicable bonding and permitting
requirements, and shall have entered into a roadway maintenance and
repair agreement with the Township, in a form acceptable to the Township
Solicitor, regarding the maintenance and repair of Township streets
that are to be used by vehicles for site construction, drilling activities,
and site operations shall be provided.
(l)
A copy of all information submitted to the state agencies shall
also be submitted to the Zoning Officer at the same time.
(m)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Zoning Officer.
Compliance with such plan shall be a condition of Township permits.
(n)
Prior to submitting an application, the applicant is strongly
encouraged to meet with Township staff to determine the requirements
of and the procedural steps and timing of the application. The intent
of this process is for the applicant to obtain necessary information
and guidance from the Township before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
(o)
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statutes or regulations.
(14)
G-14. Laundry, dry-cleaning or dyeing plant.
A commercial plant for laundry, dry cleaning or dyeing.
(15)
G-15. Warehouse. Wholesale business, wholesale
storage or warehousing, excluding retail sales except as provided
for below. A small retail store may be operated in conjunction with
use G-15, subject to the following conditions:
[Amended 9-19-1989 by Ord No. 193]
(a)
The retail store shall be an accessory use which
is clearly incidental and subordinate to the primary use G-15;
(b)
The retail store may only sell those items stored
at the property in accordance with use G-15; and
(c)
The retail store may not exceed 15% of the gross
floor area or 1,000 square feet, whichever is less.
(16)
G-16. Junkyard. Such use shall be limited to
an area of land, with or without buildings, that is used for the storage
of used or discarded materials, including but not limited to wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles
and parts thereof, provided that:
(a)
The proposed use of an area shall not be detrimental
to adjacent land uses.
(b)
There shall be maximum lot size of five acres.
(c)
Such use shall be a minimum of 200 feet from
any public road as measured from the street line.
(d)
The land area used for such purposes shall not
be exposed to public view from any residence or public street or road.
(e)
Such uses shall be entirely enclosed by a solid
fence or wall at least six feet high and constructed of plank boards,
brick, cinder block or concrete, with access only through solid gates.
Such fence or wall shall be kept in good repair and neatly painted
in uniform color.
(f)
A dense evergreen buffer shall be provided on
the outside perimeter of the fenced area. Evergreens shall be four
to five feet in height and planted on ten-foot staggered centers.
(g)
The contents of such use shall not be placed
or deposited to a height greater than the height of the fence or wall
herein prescribed.
(h)
The storage of paper shall be within a building.
(i)
The storage of toxic chemicals shall be prohibited.
(j)
Dumping of trash or landfill operations and
burning of any materials shall specifically be prohibited.
(k)
All such uses shall be sealed from groundwater
contamination and shall provide groundwater monitoring wells.
(17)
G-17. Lawful use not otherwise permitted. This section is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this section. A lawful use not otherwise permitted shall be subject to the following requirements in addition to the regulations found in Article XXIII, General Requirements, § 175-138A(6), (7), (9), (10), (11), (12), (13) and (14) hereof:
[Added 11-18-2008 by Ord. No. 344]
(a)
The use must comply with the open space, impervious
surface, area, lot area, and dimensional requirements of the district
in which the use is proposed.
(b)
The applicant must demonstrate that the use
proposed will comply with all permit requirements of the Pennsylvania
Department of Environmental Protection or any other commonwealth or
federal government agency which regulates such use.
(c)
A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 175-21 of the Zoning Chapter and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use, including, but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
(d)
In addition, conditional use approval will only
be granted by the Board of Supervisors after it has determined that
the granting of such will not result in additional threats to public
safety or extraordinary public expense, create nuisances, cause fraud
or victimization of the public or conflict with local laws or ordinances.
(18)
G-18. Medical marijuana grower/processor.
[Added 6-20-2017 by Ord.
No. 383]
(a)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building, which includes electronic
locking systems, electronic surveillance, and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle, or other motor vehicle.
(b)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
Policy and shall not be placed within any unsecure exterior refuse
containers.
(c)
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities. A medical marijuana grower/processor
may not operate on the same site as a medical marijuana dispensary.
(d)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the businesses
are conducted or proposed to be conducted. Any medical marijuana facility
lawfully operating shall not be rendered in violation of these provisions
by the subsequent location of a public, private, or parochial school
or day-care center.
(e)
A medical marijuana grower/processor shall at all times operate in
compliance with all Pennsylvania Department of Health and Medical
Marijuana Act regulations pertaining to such facilities. A medical
marijuana grower/processor shall provide proof of registration with
the Pennsylvania Department of Health and shall at all times maintain
a valid, accurate, and up-to-date registration with the Pennsylvania
Department of Health. Should registration be denied or revoked at
any time, any permits shall immediately become void.
(f)
A grower/processor facility shall not be open to the general public.
Visitors, including vendors, contractors, and other individuals requiring
access to the facility, shall be required to sign a visitor log and
present government-issued identification in order to gain access to
the site and facility.
(g)
A grower/processor shall have security and surveillance systems to
prevent unauthorized entry and to prevent and detect an adverse loss.
A medical marijuana grower/processor shall submit a security plan
to the Township. The security plan shall specify the type and manner
of twenty-four-hour security, tracking, recordkeeping, record retention,
and surveillance system to be utilized in the facility as required
by the Medical Marijuana Act and as supplemented by regulations promulgated
by the Pennsylvania Department of Health pursuant to the Medical Marijuana
Act.
H.
Accessory uses.
(1)
H-1 Home-based business: a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
some customer, client or patient traffic, whether vehicular or pedestrian,
pickup, meeting location, delivery or removal functions to or from
the premises in excess of those normally associated with a residential
use. The business or commercial activity must satisfy the following
requirements:
[Amended 6-1-1993 by Ord. No. 227; 6-26-2001 by Ord. No.
301; 11-18-2008 by Ord. No. 345]
(a)
The home-based business shall be accessory to
a residence and carried on wholly indoors and within a dwelling or
other structure accessory thereto and shall be clearly incidental
and subordinate to its use for residential purposes by its occupants.
(b)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses
and shall meet the minimum and maximum area, height and dimensional
requirements of the district in which the use is located.
(c)
Such use shall be limited to single-family detached
dwellings.
(d)
There shall be no use of show windows, display
or advertising visible outside the premises, except as provided for
signs herein.
(e)
There shall be no exterior storage of material
or building material.
(f)
There shall be no parking of commercial vehicles,
except that parking of not more than one commercial vehicle exceeding
a one-ton loading capacity and with no more than two axles or four
wheels, whichever is less, including any construction or landscaping
vehicles and trailers used for their transportation (i.e., front-end
loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be
permitted only within a completely enclosed building.
(g)
The appearance of the residential structure
shall not be altered or the home-based business within the residence
be conducted in a manner which would cause the premises to differ
from the residential character by the use of colors, materials, construction,
lighting, show windows or advertising visible on the premises to attract
customers or clients, other than an identification sign not exceeding
two square feet, notwithstanding any other provisions of this chapter.
(h)
A sign displaying the name and address of the
home-based business may be permitted, subject to the following requirements:
no more than one such sign shall be erected on the lot; the area of
the sign shall not exceed two square feet in size; and the sign shall
be either fixed flat on the main wall of the building or may be erected
in the front yard, but not within 10 feet of the cartway.
(i)
No articles shall be sold or offered for sale
except such as may be produced on the premises.
(j)
There shall be no stockpiling, storage or inventory
of products of a substantial nature.
(k)
There shall be no commodities sold or services
rendered that require receipt or delivery of merchandise, goods or
equipment by other than passenger motor vehicle or by parcel or letter
carrier mail service using vehicles typically employed in residential
deliveries.
(l)
The home-based business shall be carried on
only by inhabitants of the dwelling and not more than two additional
employees.
(m)
The floor area devoted to a home-based business
shall not occupy more than 25% of the ground floor of the principal
residential structure or 500 square feet, whichever is less; all portions
of the floor area to be used for the home-based business shall be
accessible to employees and clients without having to enter or walk
through the areas of the residence devoted to solely residential use,
and all areas to be used for employees and client visits shall be
in one location and not separated by rooms or hallways which are used
for residential purposes.
(n)
No equipment or process shall be used in a home-based
business which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line, and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(o)
No manufacturing, repairing or other mechanical
work shall be performed in any open area. All such activities shall
be conducted in such a manner that they are not detectable or noticeable
at or beyond the property line.
(p)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(q)
The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article V of this chapter.
(r)
No more than one home-based business shall be
permitted per residential dwelling.
(s)
The hours of operation shall be limited to Monday
through Saturday, and activities shall occur between the hours of
8:00 a.m. to 9:00 p.m.
(t)
Parking spaces required by the home-based business
in addition to those required for the residential use must be located
to the side or to the rear of the principal residence and must be
separated from adjoining properties by a ten-foot-wide planted buffer.
(u)
The business may not involve any illegal activity.
(2)
H-2. No-impact home-based business: a business or
commercial activity administered or conducted as an accessory use
which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential
use. The business or commercial activity must satisfy the following
requirements:
[Amended 6-26-2001 by Ord. No. 301; 11-18-2008 by Ord. No.
345]
(a)
The no-impact home-based business shall be accessory
to a residence and carried on wholly indoors and within a dwelling
or other structure accessory thereto and shall be clearly incidental
and subordinate to its use for residential purposes by its occupants.
(b)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses
and shall meet the minimum and maximum area, height and dimensional
requirements of the district in which the use is located.
(c)
There shall be no use of show windows, display
or advertising visible outside the premises.
(d)
There shall be no exterior storage or building
material.
(e)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(f)
The appearance of the residential structure
shall not be altered or the no-impact home-based business within the
residence be conducted in a manner which would cause the premises
to differ from the residential character by the use of colors, materials,
construction, lighting, show windows or advertising visible on the
premises to attract customers or clients.
(g)
There shall be no display or sale of retail
goods and no stockpiling, storage or inventory of products of a substantial
nature.
(h)
There shall be no commodities sold or services
rendered that require receipt or delivery of merchandise, goods or
equipment by other than passenger motor vehicle or by parcel or letter
carrier mail service using vehicles typically employed in residential
deliveries.
(i)
The no-impact home-based business shall be carried
on only by inhabitants of the dwelling.
(j)
The floor area devoted to a no-impact home-based
business shall not occupy more than 25% of the ground floor of the
principal residential structure or 500 square feet, whichever is less.
(k)
No equipment or process shall be used in a no-impact
home-based business which creates discernible noise, vibration, glare,
fumes, odors or electrical interference at the property line, and
no equipment or process shall be used which creates visual or audible
interference in any radio or television receiver off the lot or causes
fluctuations in line voltage off the lot.
(l)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(m)
The business may not involve any illegal activity.
(3)
H-3. Residential accessory structure. Such use shall
include a residential accessory structure or use, including but not
limited to:
(a)
Parking spaces for the parking of passenger
vehicles. All driveways and on-lot parking spaces shall be at least
10 feet from any side or rear lot line for single-family detached
dwellings (use B-1), single-family cluster dwellings (use B-7) and
single-family dwellings with lot averaging (use B-9).
[Amended 7-20-1994 by Ord. No. 240]
(b)
Parking of not more than one commercial vehicle
not exceeding a one-ton loading capacity and with no more than two
axles or four wheels, whichever is less, including any construction
or landscaping vehicles and trailers used for their transportation
(i.e., front-end loaders, cranes, cement mixers, riding lawn mowers,
etc.) shall be permitted only within a completely enclosed building
and only as an accessory to a single-family detached dwelling and
shall only be for the use of the inhabitants of the subject residence.
[Amended 6-26-2001 by Ord. No. 301]
(c)
Structures, such as fences and walls, that are
man-made structures, erected to enclose or screen areas of land are
permitted, subject to the property owner and/or applicant applying
for and receiving a zoning permit from the Township and subject to
the following restrictions:
[Amended 4-18-1995 by Ord. No. 246]
[1]
Fences and walls in any portion of the front
yard, as defined by this chapter, shall not exceed six feet in height.
Height shall be measured from the mean ground level surrounding the
fence or wall to the highest point of the fence or wall.
[2]
Fences and walls in side and rear yards shall
not exceed eight feet in height.
[3]
No fences or walls may be constructed in the
clear site triangle or in any portion of a street right-of-way or
in a public easement or in any portion of any public or private easement
where the easement agreement prohibits fences or walls.
[4]
Notwithstanding anything to the contrary contained
in this subsection, fences or walls surrounding tennis courts may
be not more than 10 feet in height, but tennis courts may not be located
in any portion of the required front yard as defined by this chapter.
(d)
Structures, such as storage sheds, bathhouses, detached garages,
and private greenhouses, provided that they do not exceed 20 feet
in height and that they meet the following requirements:
[Amended 9-1-1992 by Ord. No. 219; 1-15-2019 by Ord. No. 394]
[1]
Structures with a floor area of 144 square feet
or less shall be no closer than seven feet to any property line.
[2]
Structures with a floor area of more than 144 square feet shall
meet the setback requirement for principal buildings for the applicable
zoning district.
[3]
Such structures shall be permitted accessory
uses for single-family detached dwellings only.
[4]
The impervious surface requirements of the district
in which the use is located must be met and shall be calculated, including
the accessory structures.
[5]
Decks attached to or immediately adjoining a
dwelling unit shall not encroach more than 10 feet into a required
rear yard.
[6]
All accessory structures shall be located behind the principal
building setback line closest to the street on which the principal
building fronts.
(f)
Tennis courts or sports courts. Tennis courts
or sports courts and any accessory construction associated with tennis
courts or sports courts, including but not limited to fencing and
paving, shall be no closer than 15 feet to any side or rear property
line.
[Added 7-20-1994 by Ord. No. 240]
(4)
H-4. Outside storage.
(a)
Outside storage, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use, shall be permitted, subject to the following additional
provisions:
[1]
No part of the street right-of-way, no sidewalks
or other areas intended or designed for pedestrian use, no required
parking areas and no part of the required front yard shall be occupied
by outside storage.
[2]
Outside storage areas shall occupy an area of
less than 1/2 of the existing building coverage.
[3]
Outside storage areas shall be shielded from
view from the public streets in accordance with the buffer requirements
of this chapter.
(b)
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of Subsection H(4)(a)[2] and [3] above. For these uses only, outdoor storage may be placed within the required yard area so long as all storage is set back a distance equal to at least 50% of the required yard area for the district in which the use is located.
[Amended 1-15-2019 by Ord. No. 394]
[1]
Uses that may be exempt include, but are not limited to:
|
A-1
|
Agriculture and horticulture
|
|
E-11
|
Automotive sales
|
|
G-1
|
Manufacturing
|
|
G-5
|
Contract services
|
|
G-10
|
Truck terminal
|
|
G-12
|
Recycling facility
|
|
G-13
|
Quarry
|
[2]
Uses that shall not be considered appropriate for inclusion
under this provision include:
|
E-1
|
Retail shop
|
|
E-7
|
Repair shop
|
|
E-10
|
Service station
|
|
E-12
|
Automotive repair and paint shop
|
|
E-13
|
Car wash
|
|
G-3
|
Mini warehouse/mini storage
|
|
G-6
|
Trades
|
|
G-15
|
Warehouse
|
|
G-16
|
Junkyard
|
(c)
The storage of tractor trailers, panel trucks,
vans and similar vehicles which supply or service establishments in
commercial or industrial districts shall be permitted, provided that
such vehicles shall be used by the establishment in the normal conduct
of its business.
(5)
H-5. Temporary uses, structures, vehicles, and signs during construction.
Such a temporary use shall be limited to uses, structures, vehicles,
or signs that are utilized for a specified duration during new construction,
renovation, reconstruction, or other special circumstances of a nonrecurring
nature, such as fires and acts of nature. This temporary use shall
be a permitted use in all zoning districts, provided the primary use
is a permitted use within the subject zoning district, and subject
to the following provisions:
[Amended 1-17-2017 by Ord. No. 380]
(a)
A permit is required. The time period of the initial permit
shall be six months. This permit may be renewed for three-month time
periods, not to exceed a total time period of two years. Any extension
beyond a two-year period will require approval by the Zoning Officer
or Board of Supervisors.
(b)
Temporary nonconforming use, structures, or signs shall be subject
to authorization by the Zoning Officer or Board of Supervisors.
(c)
Such temporary uses, structures, or signs shall be removed completely
within 30 days of the expiration of the permit without cost to the
municipality.
(d)
Tractor trailers shall not be permitted to be parked in residential
districts, except during construction.
(e)
No retail sales shall be permitted from temporary uses or structures.
(f)
The placement of all temporary structures shall be subject to
the approval of the Zoning Officer.
(6)
H-6. Swimming pool. A swimming pool shall be permitted
as an accessory to a residential use, provided that:
(a)
No person, owner or occupant of land shall install
or maintain a swimming pool or other artificial body of water capable
of being filled to a depth exceeding 24 inches at the deepest or lowest
point unless a permit is first obtained from the Building Inspector
and the required plans and information are filed, together with required
permit fees. Ornamental pools and wading pools which do not exceed
24 inches in depth are exempt from these provisions. Swimming pools
shall include any pool, regardless of design or construction materials
or the permanency of its location both above and below ground level,
which is built, erected, or used for the purpose of bathing or swimming
and all buildings, equipment, and appurtenances thereto. This chapter
shall also apply to public swimming pools used and maintained by an
individual, firm, corporation, club, or association of persons for
use by the public or members and their invitees or guests.
[Amended 2-16-2021 by Ord. No. 401]
(b)
The building area restrictions as set forth
for the pertinent zoning districts in this chapter shall apply and,
in addition thereto, each such pool area and the paving or coping
surrounding it or associated with it shall be located not less than
15 feet back from the front building setback line and not closer than
15 feet to property lines.
(c)
Construction permits are required prior to the
construction, alteration, remodeling or additions to a swimming pool
or other artificial water areas not specifically exempt from this
chapter. Application for a permit for the construction of a swimming
pool shall be made to the Building Code Official. Each application
for a private or public swimming pool shall be accompanied by a duplicate
set of plans, specifications, and plot plans of the property. The
location of the pool on the property and with respect to adjoining
property and street lines shall be shown, together with the location,
height and type of fencing or walls or protective equipment and accessory
buildings. No permit for a private or public swimming pool shall be
issued until the plans, specifications and plot plans have been approved
by the Zoning Officer through compliance with this chapter and the
Township Building Code.[11] Fees for swimming pool permits shall be fixed from time
to time by resolution of the Board of Supervisors.[12]
[Amended 11-4-1991 by Ord. No. 208; 2-16-2021 by Ord. No. 401]
(d)
Written approval must be obtained upon inspection
of the pool and subject to the discretion of the inspecting officer.
(f)
Safety. Any pool or water area subject thereto
shall be suitably designed, located and maintained so as not to become
a nuisance or hazard either to adjoining property owners or the public
generally. All detachable ladders shall be removed when the pool is
not in use.
(g)
Sanitary quality of water. The physical, chemical
and bacterial qualities of the water in public swimming pools shall
comply with the latest standards of the Commonwealth of Pennsylvania
Department of Health. Failure to maintain the sanitary quality of
water prescribed by this section or to restore such water to the required
quality within the time prescribed by the Department of Health shall
be a violation of this section.
(h)
Accessory buildings. Locker rooms, bathhouses,
cabanas, shower rooms, toilets, runways and all other physical facilities
or equipment incidental to the operation of any public swimming pool
shall be kept in a sanitary condition at all times and shall otherwise
comply with the Township ordinances, rules and regulations.
(i)
Construction and maintenance. The construction
and design of all pools shall be such that the same can be maintained
and operated as to be clean and sanitary at all times. The owners
of every such pool shall be responsible to maintain said pool in such
condition as to prevent breaks in the pool chassis or water from the
pool overflowing into adjacent public or private property. Swimming
pools shall be constructed, equipped, and maintained in strict conformity
with the provisions of the latest edition of swimming pool and public
health codes issued by the Commonwealth of Pennsylvania and the Bucks
County Health Department.
[Amended 2-16-2021 by Ord. No. 401]
(j)
Outdoor lighting, if used, shall be installed
in such a way as to be shielded and not to illuminate beyond the property
line nor reflect toward or into the interior of adjacent residential
properties.
[Amended 2-16-2021 by Ord. No. 401]
(k)
All electrical work connected with the pool
and all equipment incidental thereto shall comply with all Underwriters'
Laboratories, Inc., regulations and must be inspected and certified
by an electrical underwriter's inspection agency prior to the issuance
of a certificate of compliance. In no event may said pool be used
prior to such approval.
(l)
If pools are connected to any water, sewer or
public utility line, there must be installed a separate valve controlling
such line, both as to supply and drainage, and a permit must be obtained
prior to installation from the agency furnishing such utility service.
A minimum isolation distance of 25 feet or distance as required by
Bucks County Health Department shall be required between a swimming
pool and any sewage disposal system.
[Amended 2-16-2021 by Ord. No. 401]
(m)
Approved filtration systems and circulators
must be provided for all pools except such exempt or nonexempt wading
pools as are emptied on a daily basis as hereinafter provided.
(n)
All pool installations shall conform to all
applicable construction codes as amended.
[Amended 2-16-2021 by Ord. No. 401]
(o)
In no case shall water in the pool or pool area
be permitted to emit an offensive odor or create any unhealthful condition.
Further, it shall be a violation of this chapter to cause or allow
drainage onto adjoining land, public or private.
[Amended 2-16-2021 by Ord. No. 401]
(p)
Overhead conductor clearance will comply with
the PA UCC and National Electrical Code, as amended.
[Amended 2-16-2021 by Ord. No. 401]
(q)
No water shall be placed in the pool until a
barrier, as required by this chapter, has been completed.
[Amended 2-16-2021 by Ord. No. 401]
(r)
Fencing of pools. Permanent swimming pools above
or below grade must be completely enclosed with a barrier in compliance
with the latest edition of the International Swimming Pool and Spa
Code as referenced by the PA UCC, as amended.
[Amended 2-16-2021 by Ord. No. 401]
(s)
The owner of any swimming pool shall allow the
Township Building Inspector, Health Officer or other authorized official
access to the pool and appurtenances for the purpose of inspection
to ascertain compliance with this chapter at all reasonable times.
(t)
Pool construction and security. All pools shall
be constructed and secured in accordance with the Pennsylvania Uniform
Construction Code (UCC), as adopted by Doylestown Township.
[Added 9-1-1992 by Ord. No. 219; amended 1-15-2019 by Ord. No. 394]
(7)
H-7. Spa/hot tub/pools of restrictive size. Such pools
are permitted on all private lots except those within multifamily
dwellings, provided that:
(a)
The pool is located either entirely within the
house or, if located outside, within an enclosed patio.
(b)
The patio shall be fully enclosed by the rear
wall of the housing unit and the common walls of adjoining units and/or
a wall or fence along the rear and/or side of the patio. The height
of the walls or fences shall not be less than 3 5/10 feet or
the height of the walls or fences designed throughout the development,
whichever is higher. The pool shall be located anywhere within the
enclosed patio, either below ground, at grade or above ground, provided
that the level of the water surface is at least two feet below the
height of the shortest wall or fence enclosing the patio.
(c)
The area covered by the pool and any of the
framing, decking, pump and filter system or related structures and
equipment shall not exceed 40% of the area of the enclosed patio.
(d)
The pool shall be required to have a cover capable
of being locked, for the purposes of safety and to cover the water
surfaces during the off-season or such other periods of nonuse. The
pool cover shall be required to be locked when not in use.
(8)
H-8. Recreational vehicles. These regulations apply
to recreational vehicles which are stored on a property but are not
enclosed within a garage or other building.
[Amended 1-18-1994 by Ord. No. 233]
(a)
Recreational vehicles include travel trailers,
boats, campers, snowmobiles, all-terrain vehicles, trailers for these
vehicles and other similar vehicles.
(b)
Two recreational vehicles, not enclosed within
a garage or other building, shall be permitted per dwelling.
(c)
Recreational vehicle parking is permitted as
an accessory residential use only for single-family detached dwellings.
(d)
Recreational vehicles shall not be stored between
the street line and the front building line and/or in front of the
principal building unless the recreational vehicle is totally screened
from view by fencing and vegetation or the recreational vehicle is
at least 400 feet from the front property line of the single-family
dwelling.
(e)
No such vehicle shall be used for living, sleeping
or housekeeping purposes when parked or stored on a residential lot
or in any location not approved for such use.
(f)
No recreational vehicles stored on the property
shall be closer than seven feet from any property lines.
(g)
For the purpose of this subsection, recreational
vehicles shall be presumed stored on a property if they remain on
the property for more than seven consecutive days and more than 10
days in any calendar month.
(9)
H-9. Garage/yard sales. Such uses shall be limited
to no more than two days in duration. No more than two such sales
can be held per property in a calendar year. There shall be at least
30 days between sales.
(10)
H-10. Babysitting service. Babysitting service
on a regular and frequent basis for compensation can be provided as
an accessory use, provided that:
(11)
H-11. Raising of livestock. Livestock shall be permitted on
residential properties in accordance with the following regulations:
[Amended 1-15-2019 by Ord. No. 394]
(a)
A minimum lot area of five acres shall be required.
(b)
No more than two animals shall be permitted for every five acres
of lot area.
(c)
Accessory structures shall be located only in the side or rear
yards and no closer than 100 feet from the property lines.
(d)
Poultry. The following regulations shall apply specifically
to the raising and keeping of chickens on a noncommercial basis at
a residential property:
[1]
A minimum lot area of 40,000 square feet shall be required.
[Amended 2-16-2021 by Ord. No. 401]
[2]
Five chickens are permitted for the first acre, and one additional
chicken is permitted for each 1/4 acre.
[3]
No rooster shall be permitted on any lot less than five acres.
[4]
Chicken runs, pens, henhouses, and chicken coops shall be set
back from any lot line not less than 50 feet or the minimum yard setbacks
for the district in which they are located, whichever is greater.
[Amended 2-16-2021 by Ord. No. 401]
[5]
All structures relating to chickens shall be located to the
rear of the residence.
[6]
No facility for storing manure or feed shall be located within
75 feet of any lot line.
[7]
The exterior areas of henhouses and chicken coops shall not
be illuminated.
[8]
A written waste storage and removal plan shall be submitted.
The henhouse, chicken run and pen and surrounding area must be kept
free from trash and accumulated manure.
(12)
Accessory family apartment. One accessory dwelling
unit to a single-family detached dwelling shall be permitted as a
residence by family members or a family caregiver, provided that the
conditions set forth in this section are met, and further provided
that the accessory use, in all respects, complies with this chapter
relating to the zoning district wherein the proposed accessory dwelling
unit is to be constructed or to be used.
[Added 5-4-1993 by Ord. No. 224; amended 2-16-2021 by Ord. No. 401]
(a)
The accessory family apartment shall occupy
no more than 25% of the total usable floor area of the principal residence,
not including any garage.
(b)
Accessory family apartments shall be part of
the principal residence or may be contained in the existing accessory
structure such as a garage.
(c)
The required off-street parking for the principal
dwelling plus one additional off-street parking space for the accessory
family apartment shall be provided.
(d)
There shall be no changes to the exterior of
the residence which suggests that the dwelling unit is other than
a single-family dwelling or which would otherwise detract from the
single-family character of the neighborhood. Manufactured homes, industrialized
housing, recreational vehicles, travel trailers, and any other wheeled
or transportable structure shall not be used as an accessory family
apartment.
(e)
No more than one accessory family apartment
shall be permitted per single-family detached dwelling.
(f)
A maximum of two occupants are permitted in
such units. Accessory family apartment shall be occupied by family
members or a family caregiver.
(g)
Each accessory family apartment shall be registered
with the Township Zoning Officer, who shall keep a record of its use
to ensure compliance with this chapter. A fee shall be imposed by
the Township Board of Supervisors for the registration of said use,
which said fee shall be fixed periodically by the Board of Supervisors
by resolution. Registration of an accessory family apartment shall
expire upon conveyance of the property, at which time the new property
owner may reregister said use if warranted.
(h)
A certification shall be received from the Bucks
County Board of Health or other regulatory agency certifying that
the wastewater facilities are adequate to accommodate the single-family
dwelling as well as the accessory family apartment as defined in this
subsection.
(i)
The record owner of the property shall grant
a deed restriction limiting such use in accordance with the foregoing
provisions in favor of the Township, which agreement shall contain
the following provisions:
[1]
A description of the dimensions and location of accessory use.
[2]
Being in a recordable document acceptable to the Township for filing
with the Bucks County Recorder of Deeds Office. All costs for the
preparation and recording of the foregoing document are the responsibility
of the applicant for the accessory use.
[3]
The rental of an accessory family apartment shall not be permitted,
nor shall it be used in any way as an income property.
(13)
Accessory apartment. Accessory apartment dwelling
units shall be permitted as an accessory use, provided the following
conditions are met:
[Added 4-15-2003 by Ord. No. 309)
(a)
The apartment use shall be accessory to nonresidential
uses only.
(b)
No accessory uses shall be permitted in a building
or structure wherein the principal use is a residential use or on
a lot whereon the principal use is a residential use.
(c)
Each accessory apartment unit shall contain
separate cooking, sleeping, living and bathroom facilities.
(d)
One accessory apartment will be permitted per
1,000 square feet of nonresidential use.
(14)
H-14. Wind energy facility and/or system.
[Added 1-19-2010 by Ord. No. 352]
(a)
There shall be a maximum of one device on a single parcel, or
multiple contiguous parcels in the same ownership.
(b)
Wind energy facilities and/or systems shall be located no less
than 100 feet from overhead utility lines and no less than 300 feet
from a street line unless the building located on the parcel is located
closer to the street line than 300 feet, at which time, the wind energy
facility and/or system may be located no closer than the front setback
of the house and/or primary building from the street line. In no case,
however, shall a wind energy system be located within a front yard
as defined in the Zoning Ordinance or within the minimum required
side and/or rear yard.
(c)
Maximum height of the structure, including all moving and rotating
parts, shall be 65 feet, measured from the undistributed ground elevation
at the base of the device, to the highest point of the arc of the
blade, or to the top of the tower, whichever is greater, unless a
greater restriction is imposed by FAA regulations.
(d)
Minimum distance between the undisturbed ground at the base
of the device and any protruding blade shall be 15 feet, as measured
at the lowest point of the arc of the blades.
(e)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side or rear yards.
(f)
Wind turbines shall be an unobtrusive, nonreflective color such
as white, off-white or gray, or the original factory galvanized steel.
(g)
Shadow flicker at any occupied building on any adjacent property
caused by a wind energy facility and/or system located within 1,000
feet of the occupied building shall not exceed 30 hours per year.
[1]
Noise and/or shadow flicker provisions may not be applicable
if the following conditions are met:
[a]
The affected property owner(s) sign an agreement
that allows the noise and/or shadow flicker to exceed the above noted
requirements.
[b]
The written agreement shall state the zoning ordinance
requirements, indicate how the wind energy facility and/or system
does not comply with the requirements, and state the maximum limit
the noise and/or shadow flicker may be above the zoning requirements.
[c]
Any such agreement shall be signed by the applicant
and the applicable adjacent property owner(s), and recorded on all
affected properties in the Recorder of Deeds Office.
(h)
Operation of a device shall comply with the performance standards of § 175-26 of the Zoning Ordinance.
(i)
The use shall not interfere with the reception of any radio,
television or other communication equipment, nor inhibit solar access
to adjacent properties.
(j)
No artificial lighting (unless required by the Federal Aviation
Administration), signage (with the exception of warning signage at
the base of the tower), or any forms of advertising shall be utilized
or attached to the wind energy facility and/or system.
(k)
All ground-mounted electrical and control equipment shall be
labeled or secured to prevent unauthorized access. The tower shall
not provide steps or a ladder readily accessible to the public for
a minimum height of eight feet above the ground surface. All wind
energy facilities and/or systems and associated buildings shall be
enclosed by a fence at least four feet in height which is located
at least five feet from the base. All access doors and gates shall
be locked, as appropriate, to prevent entry by unauthorized persons.
(l)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(m)
Visible, reflective, colored objects, such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
guy wires up to a height of 10 feet from the ground.
(n)
All wind energy facilities and/or systems shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(o)
All wind energy facilities and/or systems shall primarily serve
on-site generation needs unless otherwise approved by the Board of
Supervisors. If a hookup to a public or community utility system is
proposed, electrical plans must be prepared by a certified electrical
engineer, at the applicant's expense, and submitted to the utility
company and Township for approval.
(p)
If a proposed project includes the installation of building-integrated
wind energy facilities, then such facilities shall be integrated into
the overall design and architecture of the proposed project.
(q)
Building-integrated wind energy facilities and/or systems shall
not have a height (as measured from the highest portion of the roof),
including all mounting and supporting structures, greater than 25%
of the height of the building on which the facility is to be installed,
and may not exceed 65 feet from the ground to the highest point of
the turbine rotor plane.
(r)
Design and location of a wind energy facility and/or system
shall consider, to the greatest extent possible, the aesthetics of
the surrounding environment. In no case shall a device be attached
to a structure listed on the Registry of Historic Structures. The
Township may require submission of illustrations and photos depicting
the color, size, shape, and architectural features of the proposed
device; and submission of color photographs of the proposed tower
location taken from view of all adjoining properties and roads. All
utility lines, including electrical wires other than wires necessary
to connect the wind generator to the tower wiring, the tower wiring
to the disconnect junction box, and the grounding wires, must be installed
underground in accordance with the prevailing standards of the servicing
utility company.
(s)
Any wind energy facility and/or system that is defective, or
has been abandoned, that is deemed to be unsafe by the Township Building
Code Official shall be required to be repaired by the owner to meet
federal, state and local safety standards, or be removed by the property
owner within three months of written notification from the Township.
If the owner fails to remove or repair the defective or abandoned
wind energy system, the Township may pursue a legal action to have
the system removed at the owner's expense.
(t)
A plot plan of the parcel on which the facility will be located
shall be submitted, which identifies property lines, lot area, location
of existing natural and manmade features, location of the proposed
wind energy device, ownership information for adjoining properties,
and setback measurements from property and street lines.
(u)
A wind energy facility and/or system, including the tower, shall
comply with all applicable state construction and electrical codes,
and the National Electrical Code. Prior to issuance of a building/zoning
permit for installation of the device, the applicant must submit to
the Township all documentation required by the Township Building Code
Official to verify that the design of the device complies with the
Pennsylvania Uniform Construction Code (UCC), including, but not limited
to, documentation of the structural integrity of the foundation, base,
tower, and all appurtenant structures; and electrical design. Design
information must be certified by a licensed professional engineer
in the Commonwealth of Pennsylvania, and/or equipment manufacturer.
