The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
[Amended 4-9-2014 by Ord.
No. 1-2014]
A. General rule. It is the public interest for the Township to regulate
the location, design, construction, maintenance and drainage of driveways
and similar encroachments and obstructions within Township roadways
for the purpose of security, economy of maintenance, safety of the
public, preservation of proper drainage, and reasonable access.
B. After the effective date of this section, unless in conformity with
the regulations set forth herein, it shall be unlawful for any owner
to:
(1) Install or place or maintain any new sluice or stormwater pipe or
similar drainage facility along or adjacent to a Township roadway
in connection with the construction, alteration, or maintenance of
a driveway or other exit from or entrance to a Township roadway;
(2) Replace, alter or relocate any existing sluice or water pipe or similar
drainage facility located under any existing Township roadway;
(3) Maintain any driveway approach to a Township roadway or maintain
any sluice or water or other drainage facility in connection with
a driveway or approach to a Township roadway in such a condition as
will not adequately permit the flow of drainage water flow and anticipated
and experienced stormwater flow through the said sluice, pipe or drain
or in such a manner or condition as contributes to the damage and
deterioration of any Township roadway;
(4) Construct or install any driveway entrance or exit from a Township
roadway;
(5) Alter the surface of that portion of any driveway entrance or exit
located upon any Township roadway right-of-way which alteration shall
include but not necessarily be limited to the installation of a paved
or other permanent surface.
C. Driveway standards.
(1) General rule. All driveways shall be located, designed, constructed
and maintained in such a manner as not to interfere or be inconsistent
with the design, maintenance, and drainage of the roadway.
(2) Finished surface. The finished surface of any driveway shall be maintained
at or below the elevation of the finished surface of the cartway for
not less than two feet from the point of intersection of the driveway
and the cartway.
(3) Discharge of surface water prohibited. No surface water shall be
permitted to be discharged onto the cartway of the roadway in a way
that would have a detrimental effect on the roadway drainage systems.
(4) Stormwater controls.
(a)
Provision shall be made at all intersections of driveways with
roadways to ensure adequate stormwater drainage. All roadside swales,
existing or proposed, must be maintained and continued across the
driveway. Where this is not feasible, a drainage pipe with a minimum
pipe diameter of 15 inches must be installed under the driveway in
the swale area meeting applicable PennDOT requirements.
(b)
Driveways shall not impede the natural flow of stormwater drainage
along any roadway, nor may a driveway impede the natural flow of stormwater
in a swale or roadside stream.
(c)
Driveways shall be designed, constructed and/or maintained to
prohibit the flow or movement of stone, mud, or particulate onto the
roadway. In no case shall stormwater flowing down a driveway be permitted
to cross a roadway.
(5) Stormwater drainage pipes. All drainage pipes installed or replaced
after the effective date of this section shall:
(a)
Be 15 inches in diameter unless the Board of Supervisors shall,
after reviewing the situation and conditions, permit a pipe of lesser
diameter;
(b)
Be made of suitable, long-lasting material meeting the requirements
as from time to time may be established by the Board of Supervisors;
and
(c)
Be installed in a place, manner and elevation with the intention
that the same shall carry the existing and anticipated regular and
stormwater flows. The installation shall be made in accord with such
other requirements as may reasonably be imposed by the Board of Supervisors
or by the Township Engineer. The pipe utilized must be permanently
bonded or welded together so that it will not separate or erode.
D. Construction.
(1) Upon start of construction within the right-of-way, such construction
shall be completed within 30 days. At no time shall road drainage
or cartway be left in a restricted condition.
(2) If the Township shall, after inspection, find any existing sluice
or drainage pipe is presently installed or maintained in such a manner
as to be insufficient to accommodate the experienced and anticipated
regular and stormwater flows or in such other manner that it fails
to comply with this section, the Township Engineer may direct and
the owner of the property shall provide and install a sluice pipe
or drainage pipe meeting the requirements of this section at the owner's
expense. The same shall be installed in accord with the directions
reasonably given by the Board of Supervisors or the Township Engineer.
(3) All driveways and stormwater controls shall be built in compliance
with all applicable federal, state, and local laws.
E. Maintenance.
(1) All driveways shall be maintained by the owner in such a manner as
not to interfere with the maintenance or drainage of roadways, nor
the safe and convenient passage of traffic upon the roadway.
(2) Repairs to driveways, driveway entrances, drains, pipes, or culverts
shall be performed in such a manner that the repairs shall not interfere
with the roadway or roadway drainage systems.
(3) Maintenance of all new and existing private driveways is the responsibility
of the owner. The cost of such maintenance shall be borne by the owner,
including the cost of replacement of driveway pipes or culverts.
(4) The Township will not be responsible for damage to macadam or other
driveway surfaces located within the Township right-of-way.
(5) Any damage to a roadway from construction, use, or maintenance of a driveway shall be repaired by the owner of the property serviced by the driveway in compliance with Subsection
F below.
F. Violations.
(1) It shall be a violation of this article for any owner to construct
or maintain any driveway drainage system not in compliance with the
requirements of this article. In the event any owner shall construct
or maintain a driveway that does not conform to the requirements of
this article, the Board of Supervisors may order such owner to remove
the improper work and replace the same in compliance with this article.
Notice to remove and replace the improper work shall be given by registered
or certified mail, and shall state that the owner shall have 30 days
from receipt of notice to comply herewith ("notice of noncompliance").
In the event any owner shall fail to remedy such violation with 30
days after receipt of the notice of noncompliance, the Township may
institute summary proceedings before the Magistrate seeking a fine
or penalty not to exceed $500 per day, per violation.
(2) In addition, upon owner's failure to timely comply with a notice
of noncompliance, the Township may do or cause the requested repairs
to be done by such independent contractor as the Township may engage
and may levy the cost of its work on such owner as a municipal lien
to be collected in any manner provided by law. The Township shall
not bear any liability for damage caused to owner's property,
real or personal, for repairs completed upon owner's failure
to comply with the notice of noncompliance.
G. Waivers. The provisions of this article are intended as a minimum
standard for the protection of public health, safety, and welfare.
Any person desiring a waiver of the requirements of this article shall
make application for such waiver in writing, identifying the section
of the article from which a waiver is requested, the reasons for the
waiver, and the alternative proposed. If the literal compliance with
any mandatory provision of this article is shown by the applicant,
to the satisfaction of the Board of Supervisors, to be unreasonable
or to cause undue hardship as it applies to a particular property,
or if the applicant evidences that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
waiver from such mandatory provisions so as to permit the reasonable
utilization of the property. The granting of any such waiver shall
not have the effect of making null and void the intent and purpose
of this article. In granting a waiver, the Board of Supervisors may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this article.
Essential services as defined in this chapter
shall be permitted as special exceptions in all zoning districts,
subject to restrictions approved by the Zoning Hearing Board with
respect to use, design, yard area, setback and height. The Board shall
consider the impact of the use, activity, or structure involved, on
adjacent land uses in terms of safety, potential for property devaluation
and related factors.
All development within flood-prone areas of Independence Township shall conform to applicable requirements of Chapter
103, Floodplain Management, of the Code of the Township of Independence, and all amendments thereto.
[Added 2-12-1997 by Ord. No. 1-97]
A. Cellular communication antenna as defined in this
chapter shall be permitted in all zoning districts as a conditional
use; however, uses shall be authorized in residential districts only
when it is demonstrated by technological evidence that the antenna
must be located where proposed to satisfy its function in the operational
grid system. Condition use applications may be authorized pursuant
to the following standards and criteria:
(1) Existing structures.
(a)
In order to minimize the number of antenna support
structures needed in the community in the future, proposed support
structures shall be required to accommodate other users, including
other cellular communication companies, and local police, fire and
ambulance companies.
(b)
A cell site with antenna that is attached to
an existing communication tower, smoke stack, water tower or other
tall structure, is permitted in all zoning districts, if the height
of the antenna will not exceed the height of the existing structure
by more than 15 feet. If the antenna is to be mounted on an existing
structure (and is within the fifteen-foot limit) it shall be authorized
as a use by right and the applicant shall not be required to meet
the standards and criteria specified below.
(2) New structures.
(a)
A cell site with antenna that is either not
mounted on an existing structure, or is more than 15 feet higher than
the structure on which it is mounted, is permitted in all zoning districts,
but requires prior approval as a conditional use.
(b)
If the cellular communications company proposes
to build a new tower, it is required to demonstrate that it contacted
the owners of tall structures within a one-quarter mile radius of
the site proposed, asked for permission to install the antenna on
those structures, and was denied for reasons other than economic ones.
This would include smoke stacks, water towers, tall buildings, antenna
support structures of other cellular communications companies, other
communications towers (fire, police, etc.) and other tall structures.
The Municipality may deny the application to construct a new tower
if the applicant has not made a good faith effort to mount the antenna
on an existing structure.
(c)
All other uses ancillary to the antenna and
associated operational equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the cell site, unless
otherwise permitted in the zoning district in which the cell site
is located.
(3) Application requirements for conditional use. The
application for conditional use shall include a development and operational
plan. The following information, and all other data deemed appropriate
and necessary to demonstrate that the intent and purposes of this
chapter will be achieved, shall be included:
(a)
A description of the character, timing and duration
of the proposed construction, operation and use of the facility, including
maps and plans showing the location of the site, all access routes
from public roads, and the regional area to be influenced by the proposed
activity and use.
(b)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in Chapter
178, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
(c)
Complete plans of the proposed tower and all
auxiliary structures and support facilities. The applicant shall demonstrate
that the proposed antenna and support structures are safe and the
surrounding areas will not be negatively affected by support structure
failure, falling ice or other debris, electromagnetic fields or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by the manufacturers.
[1]
The Township Supervisors may require independent
studies and reviews of all such assurances. These shall be prepared
by qualified professionals acceptable to both the developer and the
Governing Body. The cost of all such studies and reviews shall be
borne by the applicant in cases where issues develop over the need
for, or the adequacy of, safety and compliance with this chapter.
(d)
The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved. Antenna
support structures under 200 feet in height should be painted silver
or have a galvanized finish retained in order to reduce the visual
impact. Support structures may be painted green up to the height of
nearby trees. Support structures 200 feet in height or taller, or
those near airports, shall meet all Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except when required by the FAA.
(e)
Setbacks from base of antenna support structure.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guy wire anchors and any
property line shall be as follows:
[1]
Agricultural districts and residential districts
that require a minimum lot area of two acres or more: 40% of antenna
height.
[2]
Commercial districts: 20% of antenna height.
(f)
All buildings and structures on the site other
than the antenna support structure and any guy wire anchors shall
conform to the setback and dimensional requirements that apply to
the zoning district in which the site is located.
(g)
A fence shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. The fence shall be a minimum of eight feet
in height. The entire fence shall be constructed in a manner to prevent
the entry onto the portion of the premises on which the use is situated,
by unauthorized persons, domestic animals or livestock.
(h)
All applicable parking, sign and other requirements
of this chapter shall apply. If the cell site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
equal the number of people on the largest shift.
(i)
The site, including all structures, shall be
constructed and landscaped in a manner appropriate to the district
in which it is located. Open areas shall be covered with an appropriate
vegetation and properly maintained.
[1]
Suitable landscape screening or buffers shall
be developed, if deemed necessary by the Governing Body, to minimize
visibility of outside storage or ground-level operational functions
if said activities are readily visible from adjoining properties used
for residential purposes. Where required, a screen or buffer shall
have a height adequate to achieve its purpose.
[2]
Plant materials used for screening shall consist
of dense evergreen plants. They shall be of a kind, or used in such
a manner, so as to provide a continuous opaque screen within 24 months
after commencement of operations in the area to be screened. The Governing
Body shall require that either new planting or alternative screening
be provided if, after 24 months, the existing plantings do not provide
an opaque screen.
[3]
The Governing Body may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of
screening as the required landscaping. If the antenna is mounted on
an existing structure, and other equipment is housed inside an existing
structure, landscaping shall not be required.
(j)
When applicable, the applicant shall have obtained
from each appropriate state and federal regulatory agency or authority,
a permit issued in accordance with all applicable state and federal
laws, directives and regulations for the proposed use.
[Added 12-9-2009 by Ord. No. 6-2009; amended 7-10-2013 by Ord. No.
2-2013]
Where a use is not listed as a permitted, conditional or special
exception use in any zoning district within the Township, a landowner
and/or developer may request special exception use approval, in which
case the Zoning Hearing Board shall, upon consideration of a recommendation
from the Planning Commission, determine if the characteristics of
the proposed use are of the same general character as any of the uses
authorized as permitted uses by right, conditional uses or uses by
special exception in the zoning district in which the property is
located. In order to receive approval, the Zoning Hearing Board must
determine that the impact of the proposed use on the environment and
adjacent streets and properties is equal to or less than any use specifically
listed in the applicable zoning district. In making such determination,
the Zoning Hearing Board shall consider at least:
A. The floor area of the building or gross areas of the lot devoted
to the proposed use;
B. The number of employees, visitors, customers, etc., resulting from
the proposed use;
C. The type of products, materials and equipment and/or processes involved
in the proposed use;
D. Traffic and environmental impacts and the ability of the proposed
use to comply with the criteria set forth within the Township Code;
E. The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located;
F. The proposed use shall comply with any applicable express standards
and criteria specified in this article for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed; and
G. The proposed use shall be consistent with the purpose and statement of community development objectives set forth in Article
II of the Zoning Ordinance.