The intent of these provisions is to set forth
standards and requirements which pertain to special types of projects,
special land development practices and other circumstances which apply
to certain districts or conditions. These provisions relate to height
exceptions, environmental impact assessment for special projects,
plan review and evaluation for certain individual buildings and regulations
for buffer areas, buffer planting strips and landscaping.
[Amended 9-14-1998 by Ord. No. 588]
The Township Council shall determine that the height regulations prescribed within this chapter may be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles or towers, windmills, silos, smokestacks and ornamental or other necessary mechanical appurtenances. The height regulations set forth in Articles IV through XIII and Article XVI through Article XXVIII shall not apply to communication antennas. The height regulations set forth in Articles XII, XIII, XIX through XXVIII shall not apply to communications towers. The height regulations for communication antennas and communications towers shall be as set forth in §§ 275-216 and 275-216.1.
No building shall be illuminated on the exterior
by floodlighting, spotlighting or similar-type lighting, except for
security lighting, which shall be approved by Township Council.
A.
Buffer areas, as defined in Article II and required in various districts, shall be adjacent to a property boundary.
C.
All plantings shall be installed and maintained for
the full width required in a particular district, except that certain
structures may be placed within the buffer area, including:
(1)
The required plantings and related landscape
treatment, such as berms, fences or walls which aid in screening and
do not conflict with the character of adjoining properties or block
the clear sight distance required at intersections.
(2)
Appurtenant landscaping structures such as:
tree wells, tree guards and tree grates and retaining walls used to
preserve stands of existing trees or used for other functional purposes.
(3)
Roads which provide direct ingress/egress for
the tract, including appurtenant structures within such road rights-of-way
such as curbs, sidewalks, signs, lighting standards or benches.
(4)
Underground utilities.
A.
Landscaping as required in this chapter shall be installed
and maintained in accordance with a landscaping plan approved by the
Township Council. A landscaping plan shall depict all proposed plantings
as required within buffer areas in the form of a buffer planting strip
and in other landscaped areas which relate to, complement, screen
or accentuate buildings roads, parking areas, sidewalks, walkways,
sitting areas, service or maintenance structures, courtyards and other
site features.
B.
A landscaping plan shall be submitted at the time
when all other required applications and/or plans are submitted. It
shall be based on the reflect the following:
(1)
The functional and aesthetic factors which relate
to the tract and to the principal and accessory buildings and other
structures.
(2)
Concealing views to the tract.
(3)
Enhancing views from and within the tract.
(4)
Screening and complimenting proposed buildings
and other structures.
(5)
Creating visual interest for the users and/or
residents of the proposed project.
(6)
Using plant materials which are hardy and acclimated
to the conditions at the tract and within the Township.
C.
The landscaping plan shall include notes, diagrams,
sketches or other depictions to present the consideration and analysis
of the following:
(1)
An analysis of the site in terms of: the existing
views to and from the areas which are proposed for development, the
existing topography and vegetation conditions and other existing conditions
which are relevant to the site.
(2)
An analysis of proposed planting and other landscaping
needs as related to: screening views of buildings, screening buildings
and sections of buildings, screening parking areas and other areas
where vehicles are parked, screening storage areas, screening site
utilities, and other appropriate types of screening.
(3)
The consideration of locations where plantings
and other landscaping is needed to: provide visual interest; define
outdoor spaces; complement the proposed architectural style; and achieve
other functional and aesthetic requirements for buffer areas, buffer
planting strips and other landscaped areas.
D.
A preliminary and final landscaping plan shall reflect
the following detailed criteria, unless more specific criteria are
provided for in other articles of this chapter:
(1)
Buffer planting strips shall be installed and
maintained in the buffer areas at the width required in this chapter
to form a continuous visual buffer. In addition to ground covers and
evergreen shrubs, the buffer planting strips shall be comprised of
evergreen trees which are six to eight feet in height at the time
of planting and shall be spaced at nine foot centers. The combined
evergreen shrubs and tree plantings shall constitute a continuous
visual screen at the time of occupancy of any buildings and/or at
the time of initiation of any use.
(2)
Shade trees shall be provided along all streets
and shall be located at least three feet beyond the right-of-way line.
No less than one tree of 3 1/2 inches to four inches in caliper
shall be planted for each 30 feet of roadway length. Such trees shall
be planted in alternating rows whereby trees on one side of the street
are placed at intervals of 60 feet. However, such trees may be grouped
in certain cases to achieve a particular design objective when approved
by the Township Council.
(3)
The outer perimeter of all parking areas shall
be screened. Effective screens may be accomplished through the use
of plant materials, fencing or walls and/or mounding through the use
of earthen berms.
(5)
All buildings shall be landscaped in accordance
with the following criteria:
(a)
A combination of evergreen and deciduous trees
and shrubs shall be used as "foundation" plantings, i.e., plantings
to be installed in reasonably close proximity to the facades.
(b)
One specimen deciduous tree of 3 1/2 inches
to four inches in caliper shall be planted for every fifty-foot length
of building facade measured from end to end of buildings, without
regard to indentations and the like in the buildings or facades, and
excluding any enclosed walkway connectors and elevator cores, such
trees shall be a minimum of 11 feet to 13 feet in height at the time
of planting; and one eight-foot to ten-foot specimen evergreen tree
shall be planted for every 50 feet of length of building facade.
(c)
Five evergreen and/or deciduous shrubs shall
be planted for every 20 feet of length of building facade.
(d)
Trees and shrubs shall be grouped in accordance
with specific needs and objectives.
(6)
Other landscaping including trees, shrubs and
ground covers shall be provided along walkways, in courtyards, around
sitting areas, at the entrance to the site and in other highly visible
locations, especially on the outer side of any internal access roads
which are visible from a public street which may adjoin a tract, at
the entrance to buildings and around structures used for service,
storage or maintenance purposes.
(7)
The location, type, size, height and other characteristics
of landscaping shall be subject to the review and approval of the
Township Council.
E.
The preliminary landscaping plan shall be drawn at
a scale of at least one inch equals 50 feet. It shall be totally coordinated
with the overall site plan and shall contain the following:
(1)
A delineation of existing and proposed plant
materials.
(2)
A delineation of other landscaping features
such as berms, planting beds to be used for herbaceous plants, areas
to be devoted to lawns and other elements of the proposed improvements
such as fences, walls, berms, retaining walls, lighting, benches,
signs, paving, stone, tree wells and the like.
(3)
One color rendering of the preliminary landscaping
plan shall be submitted for review by the Township in addition to
the number of prints which are otherwise required. The color-rendering
shall reflect total coordination with the overall site plan in terms
of its relationship to proposed buildings, roads, parking areas, walks,
walls, fencing, benches, signs, lighting and other like structures.
F.
After the Township has reviewed the preliminary landscaping
plan and submitted comments on the plan to the applicant, a final
landscaping plan shall be submitted. The final landscaping plan shall
be drawn in greater detail than the preliminary plan. It shall be
totally coordinated with the overall site plan and shall contain the
following:
(1)
A final version of all of the plan requirements stated in Subsection E above, for a preliminary plan.
(2)
A plant list wherein the botanical and common
names of proposed plants are tabulated, along with the quantity, caliper,
height and other characteristics.
(3)
Details for the planting and staking of trees,
the planting of shrubs and any other details which depict other related
installation.
(4)
Information in the form of notes or specifications
concerning planting beds to be used for herbaceous plants, areas to
be devoted to lawns and the like. Such information shall convey the
proposals for seeding, sodding, mulching and the like.
(5)
Information regarding the continued maintenance
of all plantings and notes indicating that all plantings will be installed,
maintained and replaced, if dead or diseased, in locations as shown
on the approved landscaping plan.
G.
Plant characteristics and maintenance.
(1)
All plants shall conform with the standards
for nursery stock of the American Association of Nurserymen.
(2)
Trees and shrubs shall be typical of their species
and variety, have normal growth habits, well developed, densely foliated
branches and vigorous, fibrous root systems.
(3)
Trees and shrubs shall be free from defects
and injuries and certified by appropriate federal and state authorities
to be free from diseases and insect infestations.
(4)
Trees and shrubs shall be freshly dug and nursery
grown. They shall have been grown under climatic conditions similar
to those in locality of the project or properly acclimated to conditions
of the locality of the project.
(5)
Any tree or shrub which dies within one year
of planting shall be replaced. Any tree or shrub which within one
year of planting or replanting is deemed, in the opinion of the Township,
not to have survived or grown in a manner characteristic of its type
shall be replaced. Substitutions for certain species of plants may
be made only when approved by the Township Council.
(6)
It shall be the responsibility of the landowners,
tenants and/or other occupants of the premises to adequately and properly
maintain the landscaped areas, which responsibility shall include
watering, cleaning of weeds and debris, pruning and trimming, replacement
of dead or diseased plantings and fertilizing to maintain healthy
growth.
(7)
All trees along the right-of-way of any property
shall be kept trimmed nine feet above the sidewalk and 11 feet above
all streets.
(8)
All shrubs and other growth abutting the sidewalks
shall be kept cut back six inches from the edge of the sidewalks.
(9)
Existing trees and shrubs at the corner of an
intersection and/or driveway shall be cut to the height of 18 inches
from point of intersection of corner property lines back 25 feet to
avoid blocking sight distance to oncoming traffic, and shrubs or ground
covers to be planted shall be of the dwarf variety and shall not exceed
18 inches in height at maturity.
A.
An environmental impact assessment (EIA) report shall
be submitted with the following types of applications or plans in
order to more effectively evaluate subdivision, land development or
other building and construction proposals:
(1)
Applications for tentative and final plan approval
for planned residential developments.
(2)
Applications for preliminary plan approval for
any subdivision and/or land development in the PRC, B-2, SU-1, M or
OC Districts.
(3)
Applications for building or construction permits for any proposed industrial, commercial or institutional use; provided, however, that the applicant may request a finding of inapplicability of certain sections of the EIA report by Township Council in accordance with Subsection D.
(4)
Applications and/or plans for any proposed residential, commercial or industrial use which is governed by the special exception or conditional use provisions of this chapter; provided, however, that the applicant may request a finding of inapplicability of certain sections of the EIA report by Township Council in accordance with Subsection D.
(5)
Preliminary plans for any proposed subdivision
of land for residential purposes consisting of 25 or more dwellings.
(6)
Applications or plans for other uses which Township
Council finds potentially to have significant environmental consequences
or effects.
(7)
For the purposes of this section, a community
center shall not constitute an industrial, commercial or institutional
use.
[Added 2-23-1998 by Ord. No. 582]
B.
The EIA report shall disclose the environmental consequences or effects of proposed projects and the actions proposed to avoid, remedy and/or mitigate adverse impacts. The EIA report shall contain text, maps and analysis in accordance with Subsection C below. The EIA report may be cross-referenced to plans prepared for a subdivision or land development and may utilize such plans to fulfill some of the required plan data requested below.
C.
Twenty-six copies of the EIA report shall be submitted
in accordance with the format and content specified below. Within
the EIA report, specific emphasis shall be directed toward the proposed
project's effects on the relationship to applicable site, neighborhood
(including areas in adjacent townships, where applicable) and Township-wide
resources, conditions or characteristics. The EIA report shall include
text, tables, maps and analyses for the purpose of describing the
project site, proposed use(s), environmental characteristics and the
environmental effects of the proposal as follows:
(1)
An identification of the site location and area
by use of a location map, drawn at a scale of not more than 2,000
feet to the inch. The location map shall depict all streets, adjoining
properties, zoning district boundaries and municipal boundaries within
1,000 feet of any part of the property. In the case of development
of a section of the entire tract, the location map shall also show
the relationship of the section to the entire tract.
(2)
An
identification of site character and appearance through the presentation
of black-and-white photographs or copies thereof. Such photographs
shall provide a representation of what the site looks like from the
ground. Photographs shall be properly identified or captioned and
shall be keyed into a map of the site.
(3)
An
identification of the nature of the proposal through the presentation
of the following:
(a)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures and other impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be either incorporated into the EIA report or submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements section of Chapter 210, Subdivision and Land Development; however, existing and proposed contours shall be depicted at vertical intervals of two feet or less.
(b)
Floor plans and elevations depicting the proposed
size, square footage, height, number of rooms or bedrooms (where applicable),
of buildings and/or other structures.
(c)
A statement indicating the existing and proposed
ownership of the tract and, where applicable, the type of ownership,
operation and maintenance proposed for areas devoted to open space
or otherwise not under the control of a single lot owner.
(d)
A statement indicating the proposed staging
or phasing of the project, where applicable, and a map depicting the
boundaries of each stage or phase of the project. It is suggested
that such boundaries be superimposed on a version of the site development
plan.
(4)
An identification of physical resources associated
with the natural environment of the tract including such features
as topography, soils, hydrology and the like. The identification of
physical resources shall include a narrative description of the qualitative
and quantitative aspects of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch as specified below and either may be incorporated
into the EIA report or submitted as attachment to the report.
(a)
A map depicting the topographical characteristics
of the site. Such map shall contain contours with at least two-foot
intervals and shall depict slopes from 0% to 8%, 8% to 15%, 15% to
25% and greater than 25%.
(b)
A map depicting the soil characteristics of
the site. Such map shall depict all soil types and shall include a
table identifying soil characteristics pertinent to the proposed development
such as depth to bedrock, depth to water table, flood hazard potential
and, where applicable, limitations for septic tank filter fields.
(c)
A map depicting the hydrological characteristics
of the site. Such map shall depict surface water resources, their
drainage characteristics, watersheds and floodplains and groundwater
resources. Surface water resources include features such as creeks,
runs and other streams, ponds, other natural bodies of water, springs,
wetlands and any man-made impoundments. Groundwater resources include
features such as aquifers and aquifer recharge areas.
(5)
An identification of biological resources associated
with the natural environment of the site including such features as
vegetation. The identification of biological resources shall include
a narrative description of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch as specified below and may be either incorporated
into the EIA report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics
of the site. Such map shall define the locations and boundaries of
the wooded areas of the tract and shall note the types of vegetation
associations which exist in terms of their species, types and size.
In addition, all trees 12 inches or greater in caliper shall be accurately
located on the map.
(6)
An identification of the land use conditions
and characteristics associated with the site such as current and past
use, land cover and physical encumbrances and the relationship of
these to adjacent sites. The identification of land use condition
and characteristics shall include a narrative description of the above.
In addition, the following maps, drawn at a scale of not more than
100 feet to the inch, unless otherwise noted, shall be incorporated
into the EIA report or submitted as attachments to it.
(a)
A map depicting the land cover characteristics
of the site. Such map shall define existing features including, where
applicable: paved or other impervious surfaces, wooden areas, cultivated
areas, pasture, old fields, lawns and ornamentally landscaped areas
and the like.
(b)
A map depicting any physical encumbrances to
the subject property. Such map shall define, where applicable, easements
and areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the
proposed tract. Such map may be at the same scale as the location
map, i.e., one inch equals 2,000 feet.
(7)
An identification of the historic resources
associated with the site such as areas, structures and/or roads and
trails which are significant. Areas, structures and/or routes included
on the National Register of Historic Places, the Pennsylvania Inventory
of Historic Places and the Historic American Building Survey and those
depicted on the Township's Historic Sites Map shall be identified.
The identification of historic resources shall include a narrative
description of the above. In addition, a map drawn at a scale of not
more than 100 feet to the inch depicting historic resources shall
be incorporated into the EIA report or submitted as an attachment
to the report.
(8)
An identification of the visual resources associated
with the site such as areas which have a particular amenity value
and areas which offer interest in viewing the tract. The identification
of visual resources shall include a narrative description of the above.
In addition, a map drawn at a scale of not more than 100 feet to the
inch depicting visual resources shall be incorporated into the EIA
report or submitted as an attachment to the report.
(9)
An identification of the community facility
needs associated with the users and/or residents of the proposed project.
The community facility needs assessment shall indicate in narrative
form the types of services which will be in demand. Where applicable,
community facilities (such as schools, park and recreation areas,
libraries, hospitals and other health care facilities, fire protection,
police protection, ambulance and rescue service and postal services)
shall be discussed in terms of the ability of existing facilities
and services to accommodate the demands of future users and/or residents
of the site and the need for additional or expanded community facilities.
(10)
An identification of the utility needs associated
with the users and/or residents of the proposed project. The utility
needs assessment shall indicate in narrative form the type of installations
which will be in demand. Where applicable, utilities (such as those
used for water supply, sewage disposal, refuse disposal, storm drainage,
communications and electrical transmission) shall be discussed in
terms of: the ability of existing utility installations to accommodate
the demands of future users and/or residents of the lots and/or tract;
the need for additional or expanded utility installations; the ability
to achieve an adequate, potable quantity of water wherever individual
wells are proposed; the ability to achieve an adequate system for
on-site sewage disposal wherever such a system is proposed; and the
ability to achieve an adequate system for storm drainage and stormwater
management.
(11)
An identification of the relationship of the
transportation and circulation system needs of the proposed project
to the existing street or highway network. A discussion of this relationship
shall be in narrative form and shall indicate factors such as methods
to be used for traffic control within the site and at points of ingress
to and egress from it and expected traffic volumes generated from
the project including their relationship to existing traffic volumes
on existing streets for peak hour and nonpeak hour conditions. In
addition, there shall be a discussion of the physical condition of
existing streets which will service the proposed project to remedy
any physical deficiencies. The analysis and evaluation of traffic
shall be conducted in accordance with the following:
(a)
No activity shall occur which would adversely
affect traffic flow and/or present traffic controls within the Township
by creating a level of service below that which is specified in this
subsection.
(b)
To minimize potential adverse conditions, the
level of service for traffic along any portion of a road which leads
to the points of ingress and egress of a tract or other proposed property
shall be a level of service "C" or better. The term "level of service"
and the categories thereof are used herein in accordance with the
definitions or meanings ascribed thereto in this document entitled
"Trip Generation, An Institute of Transportation Engineers Informational
Report, Second Edition, 1979," or the edition in use at the time a
development or other building application is made.
(c)
The determination of levels of service shall
be made after an experienced transportation engineer/traffic consultant
conducts a traffic study, the cost of which shall be borne by the
owner of the tract or other property owner. Said study shall be based
in part on the aforementioned report and in part on the Pennsylvania
Department of Transportation Handbook of Vehicle Code Regulations,
in particular the following chapters: 471-610 pertaining to Engineering
and Traffic Studies, 471-611 pertaining to maintenance and Protection
of Traffic and 471-615 pertaining to Official Traffic Control Devices.
Said study shall indicate compliance with the requirement for a level
of service "C" or better as set forth in Subsection C(9)(b) above
and shall include the data upon which the conclusions of said study
are based including, without limitation, traffic counts, the hours
thereof, the dates thereof and the types of motor vehicles comprising
such counts.
(d)
All streets and/or intersections showing a level
or service below "C" shall be considered deficient, and specific recommendation
for the elimination of these problems shall be listed. This listing
of recommended improvements shall include, but not be limited to,
the following elements: internal circulation design, site access location
and design, external street and intersection design and improvements
and traffic signal installation and operation including signal timing.
(12)
An identification of the social and demographic
characteristics related to the proposed project. The characteristics
which shall be presented in narrative form shall include a profile
of the future users and/or residents including information such as
the number of people expected to work or live at the tract. Such information
shall be related to initial and completed project conditions.
(13)
An identification of the economic and fiscal
characteristics related to the proposed project. The characteristics
which shall be presented in narrative form shall include a profile
of the Township; county and school district revenues which the proposal
may generate; and the Township, county and school district costs it
may create. Such information shall be related to initial and completed
project conditions.
(14)
An identification of characteristics and conditions
associated with existing and potential air and water quality and noise
levels, vibration, toxic materials, electrical interference, odor,
glare and heat, radioactive materials, smoke, dust, fumes, vapors,
gases or other emissions.
(15)
An identification of compliance with the environmental controls/performance standards as required in Article XXXIII.
(16)
The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsection C(1) through (15) above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the resources of the tract, conditions or characteristics, by mapping same at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from the proposed development are highlighted. Such map either may be incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the proposed plans in terms of avoiding or reducing potential adverse effects.
(17)
Alternatives to the proposed project. The applicant
shall comment on how alternatives such as revised location, redesign,
layout or sitting of buildings, roads and other structures; alternate
methods for sewage disposal and water supply; reduction in the size
of proposed structures or number of structures; and the like, would
preclude, reduce or lessen potential adverse impact to produce beneficial
effects. In addition, the applicant shall submit exhibits or diagrams
which will depict the type of alternatives described in narrative
form.
(18)
Probable adverse effects which cannot be precluded.
In indicating such effects, a discussion shall be presented regarding
whether they will have primary or secondary implications, that is,
whether the adverse effects will have direct or indirect influence
on a particular resource, condition or characteristic.
(19)
Measures to mitigate adverse effects. To indicate
such measures, the applicant shall submit exhibits or diagrams which
will depict the type of remedial, protective and mitigative measures
described in narrative form. These measures shall include those required
through existing procedures and standards and those unique to a specific
project, as follows:
(a)
Mitigation measures which pertain to existing
procedures and standards are those related to current requirements
of the state, county and/or Township for remedial or protective action,
such as sedimentation and erosion control, water quality control,
air quality control and the like.
(b)
Mitigation measures related to impacts which
may be unique to a specific subdivision and/or land development or
other project are those related to efforts such as revegetation, screening,
fencing, emission control, traffic control, noise control, relocation
of people and/or businesses, land acquisition and the like.
(20)
Any irreversible environmental changes which
would occur due to the proposed subdivision and/or land development
or other project should it be implemented. To indicate such changes,
the use of nonrenewable resources during the initial and continued
phases of the subdivision and/or land development or other project
shall be discussed. Further, the loss of environmental resources shall
be indicated through a presentation of the quantity of loss and related
qualitative effects.
D.
In making its evaluation, the Township Council and/or
the Planning Commission may request any additional information it
deems necessary to adequately assess potential environmental impacts.
Further, whenever any information required in this section is not
applicable to the proposed subdivision and/or land development or
other project, the applicant shall indicate such inapplicability in
the narrative of the EIA report and state why such information is
considered to be inapplicable in the case or the particular subdivision
or land development in question.
E.
The EIA report shall be prepared by an engineer, architect,
landscape architect or land planner.
[Amended 9-14-1998 by Ord. No. 588]
A.
Building-mounted communications antennas shall not
be located on any single-family dwelling or two-family dwelling.
B.
Communications antennas mounted on lawfully existing
buildings or structures, other than communications towers, shall be
permitted to exceed the height of said lawfully existing buildings
or other structures by no more than 15 feet.
C.
Omnidirectional or whip communications antennas shall
not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall
not exceed five feet in height and three feet in width, and a maximum
of eight directional or panel communications antennas shall be permitted
on any single building where communications antennas are permitted.
This limitation on the maximum number of directional or panel communications
antennas shall not be applicable to communications towers or water
towers where communications antennas are permitted.
E.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit evidence
from a Pennsylvania registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with the antenna location.
F.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall require a building
permit and shall submit detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure for review
by the building inspector for compliance with the Middletown Township's
Building Code[1] and other applicable law.
G.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit evidence
of agreements and/or easements necessary to provide access to the
building or structure on which the communications antennas are to
be mounted so that installation and maintenance of the antennas and
communications equipment building can be accomplished.
H.
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Township.
J.
A communications equipment building shall be subject to the height
and setback requirements of the applicable Zoning District and shall
be screened by suitable evergreen landscaping from abutting properties
and streets.
K.
All utilities and wiring for communications antennas and communications
equipment buildings shall be located underground or within a building
or other enclosure whenever possible.
L.
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate such communications
antennas.
[Amended 9-14-1998 by Ord. No. 588]
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
B.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation
Administration and Commonwealth Bureau of Aviation Regulations.
D.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good-faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure, or communications tower. A good-faith effort shall require
that all owners of potentially suitable structures within a 1/4 mile
radius of the proposed communications tower site be contacted and
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment
would exceed the structural capacity of the existing structure, and
its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing structure, and the interference cannot be prevented
at a reasonable cost.
(3)
Such existing structures do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related
equipment would result in electromagnetic radiation from such structure
exceeding applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not
be reached with the owners of such structures.
E.
Access shall be provided to the communications tower
and communications equipment building by means of a public street
or easement to a public street. The easement shall be a minimum of
25 feet in width and shall be improved to a width of at least 12 feet
with a dust-free, all-weather surface for its entire length.
F.
A communications tower may be located on a lot occupied
by other principal structures and may occupy a leased parcel within
a lot, provided that the lot meets the size requirements for the Zoning
District.
G.
Recording of a plat of land development shall be required
for a lot on which a communications tower is proposed to be constructed.
H.
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to perform its function.
I.
In all zoning districts where communications towers
are permitted, the maximum height of any communications tower shall
be 150 feet; provided, however, that such height may be increased
to no more than 200 feet, provided that the required setbacks from
adjoining property lines (not lease lines) are increased by one foot
for each one foot of height in excess of 150 feet.
J.
The foundation and base of any communications tower
shall be set back from a property line a distance equal to the height
of the communications tower.
K.
The base of a communications tower shall be landscaped
so as to screen the foundation and base and communications equipment
building from abutting properties and streets.
L.
The communications equipment building shall comply
with the required yards and height requirements of the applicable
zoning district.
M.
The applicant shall submit certification from a Pennsylvania
registered professional engineer that a proposed communications tower
will be designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Township's
Building Code.[1]
N.
The applicant shall submit a copy of its current Federal
Communications Commission license; the name, address and emergency
telephone number for the operator of the communications tower; and
a certificate of insurance evidencing general liability coverage in
the minimum amount of $2,000,000 per occurrence and property damage
coverage in the minimum amount of $2,000,000 per occurrence covering
the communications tower and communications antennas.
O.
All guy wires associated with guyed communications
towers shall be clearly marked so as to be visible at all times and
shall be located within a fenced enclosure.
P.
All utilities and wiring for communications towers
shall be located underground or within a building or other enclosure
whenever possible.
Q.
The site of a communications tower shall be secured
by a fence with a minimum height of six feet to limit accessibility
by the general public.
R.
No signs or lights shall be mounted on a communications
tower, except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction.
T.
If a communications tower remains unused for a period
of 12 consecutive months, the owner or operator shall dismantle and
remove the communications tower within six months of the expiration
of such twelve-month period.
U.
One off-street parking space shall be provided within
the fenced area.
[Added 9-14-2009 by 707]
A.
Purpose. It is the intent of this section to recite the purposes of permitting billboards as conditional uses in the SU-2 Special Use District and B-2 Major Shopping Center District, subject to the area and bulk regulations in § 275-216.3 and the standards and criteria for approval of billboard conditional uses in § 275-216.4 and the general standards and criteria for approval of conditional uses in § 275-236.
B.
The
purposes of permitting billboards are:
(1)
To support the First Amendment rights of advertisers to promote legal
products and services while retaining the sense of community and protecting
the character of the Township.
(2)
To ensure that billboards are provided for in the Township and are
located safely and appropriately where they can be viewed by the traveling
public with the least distraction and degradation in driving performance.
(3)
To place reasonable limits on the size and total number of billboards
within the Township.
(4)
To promote the quality, appearance and safety of billboards through
the use of the latest digital technology.
[Added 9-14-2009 by Ord. No. 707]
The following area and bulk regulations shall govern the regulation
of billboards:
A.
The
minimum lot size for a billboard shall be 20,000 square feet.
B.
Only
one billboard shall be permitted on any one lot. The lot shall be
free from all other buildings, structures and improvements, except
those required for the operation, maintenance and security of the
billboard.
C.
The
maximum height of the highest point of the billboard, including its
supporting structure, shall not exceed 35 feet.
D.
The
minimum lot width at both the street line and the front yard setback
line shall be 100 feet.
E.
The
minimum setback from the street line shall be 35 feet, and the minimum
setback from all other property lines shall be 25 feet.
F.
Billboards
shall have no more than two display faces, neither of which may exceed
150 square feet. The display faces shall be back-to-back and shall
not be more than four feet apart.
G.
No
billboard shall be located closer than 500 feet to any other billboard,
as measured between the closest points of each billboard, including
the supporting structure.
H.
No
billboard shall be located closer than 500 feet to any residential
district.
[Added 9-14-2009 by Ord. No. 707]
In addition to the standards and criteria for approval of conditional uses set forth in § 275-236, the following standards and criteria shall apply to a billboard conditional use:
A.
No
billboard shall be located within the safe clear sight distance or
safe stopping distance of a signalized intersection, which distance
shall be determined in accordance with applicable Pennsylvania Department
of Transportation standards, and no part of a billboard shall interfere
with or obstruct vehicle traffic, travel or ingress and egress to
a public street.
B.
All
billboards shall be stationary and shall utilize digital technology
to produce static images which may be changeable. Billboards shall
not scroll, flash or twinkle, feature motion pictures, moving images
or moving lights, or have mechanical or animated movement.
C.
Only
one advertisement, display or message may appear on a billboard face
at any one time. When a billboard has two sides, each of the two sides
of a billboard may contain a separate advertisement.
D.
Changes
from one advertisement, display or message to another may occur no
more frequently than three times per side in any twenty-four-hour
period and no more than one time per six-hour period, with transitions
that do not have the effect of moving text images or lights.
E.
Each
face of a billboard shall be demonstrated to be oriented toward the
road upon which the billboard fronts or faces to cause the least visual
impact upon neighboring properties.
F.
The
billboard shall not be used to advertise, display or otherwise direct
attention to a product, activity, message or business within the SU-2
Special Use District or B-2 Major Shopping Center District wherein
the billboard is located, except where the advertisement, display,
attention or message is not for the local product, activity, message
or business but is part of an off-site regional or national campaign
or program.
G.
All
billboards shall be internally lit. No exterior lighting shall be
permitted, except in connection with safety or maintenance and as
approved by the Township. Illumination of billboard signs shall, at
a minimum, follow the standards and requirements of the Illuminating
Engineering Society of North America (IESNA) and shall be subject
to review and approval by the Township.
H.
Where
billboards are visible from a residential district or use, the billboard
shall be extinguished automatically by a form of programmable controller,
with Eastern standard time and daylight saving time control and spring
or battery outage reset, from 12:00 midnight until 5:00 a.m. on the
following day.
I.
Billboards
shall be freestanding and selfsupporting. No part or portion of a
billboard shall be attached or connected to any other building or
structure. All utilities serving the billboard shall be located below
the ground.
J.
Billboards
shall be properly and adequately secured to prevent unauthorized access.
K.
Billboards,
including support structures, shall be properly and regularly maintained
and shall at all times be kept in safe and operational manner.
L.
There
shall be no objects or other structures attached to a billboard or
its support structure, except as may be necessary for the proper and
safe operation and maintenance of the billboard.
M.
A permanent
means of vehicular ingress and egress to the billboard lot shall be
provided.
N.
It shall be the burden of an applicant wishing to construct a billboard to demonstrate compliance with the requirements of this section, as well as those of § 275-236.
P.
A bond,
or other security acceptable to the Township, in form and amount satisfactory
to the Township, shall be posted with the Township to ensure that
the billboard will be properly removed upon termination of use for
a period of one year.
R.
To
the extent of any conflict between the provisions of this section
and any other section of the Zoning Ordinance, the provisions of this
section shall be controlling as to billboards.
[Added 11-27-2023 by Ord. No. 856]
A.
Purpose. The purpose of this section is to authorize residential
group homes in residentially zoned districts within the Township as
a conditional use subject to certain standards and requirements necessary
to protect and maintain the residential character of neighborhoods,
provide for effective use and regulation of utilities, emergency and
other Township services, and ensure that appropriate county, state
and federal requirements have been met.
B.
Conditional use. Residential group homes, as defined in Article II, are authorized in all residential zoning districts as a conditional use subject to the standard application procedures for conditional uses set forth in § 275-37, subject to standards and criteria for approval of residential group homes set forth § 275-216.5C, herein and the general standards and criteria for approval of conditional uses in § 275-236.
C.
Standards. Prior to occupying a property in connection with a residential
group home (as used sometimes herein, "home"), the owner of the property
or operator of the home shall demonstrate or otherwise be subject
to the following:
(1)
The lot upon which the residential group home is situated shall
meet the minimum bulk and area requirements established in the zoning
district for which the home is to be located. The residential group
home shall not be maintained in an accessory building or unit.
(2)
Residential group homes shall be used and maintained as a single
housekeeping unit with shared use of living areas, eating areas, bathrooms,
and food preparation, and serving areas.
(3)
The maximum number of residents in the residential group home
shall not exceed the number of occupants or residents permitted by
the applicable Township Building Codes or other state and federal
regulations applicable to such homes. Sewage disposal and water supply
facilities shall be sufficient to handle the anticipated loading created
by the number of proposed residents and shall meet all requirements
of the Pennsylvania Department of Environmental Protection and/or
applicable requirements of the Middletown Township Sewer Authority.
(4)
Residential group homes shall, to the extent practicable, conform
to the type and outward appearance of the residences in the area in
which they are located. This provision shall in no way restrict the
installation of any ramp or other special features required to serve
residents of the home.
(5)
No signage other than that authorized under § 275-195A shall be permitted, except as otherwise required by law.
(6)
In order to ensure the integration of the residential group
home into a neighborhood and to ensure proper use, availability and
regulation of emergency and other Township services, a residential
group home shall be located no closer than 1,000 feet to another residential
group home, measured on a straight-line radius from the property line
so used, to the property to be used.
(7)
Off-street parking must be adequate to accommodate the needs
of the residents and staff. At a minimum, the residential group home
must meet the minimum requirements for the zoning district in which
it is located.
(8)
Notwithstanding any provision of the Township Building Code,
the residential group home must maintain an automatic sprinkler system.
(9)
The residential group home shall obtain any and all permits
or licenses required by county, state, or federal agencies prior to
commencing occupancy of the home.
(10)
The residential group home shall provide the Township, in writing,
the following prior to commencing occupancy of the home: the location
of the home, the individual(s) responsible for operation or maintenance
of the home and/or appropriate emergency contact personnel and a summary
of the specialized treatment/care provided to the residents of the
home as may be necessary to aid Township emergency service personnel
in the event of an emergency. The owner of the property or operator
of the home shall update the information required herein within five
business days of any change thereof.
