A.
Purpose. This chapter has established a list of land uses that possess
characteristics that may result in adverse effects on adjoining properties
if not properly controlled and regulated. The purpose of this article
is to list the specific and general standards, controls, and guidelines
that the Township will use to regulate these land uses.
B.
Control of potential adverse effects. The Zoning Hearing Board or
Township Supervisors are empowered to allow certain land uses, permitted
in this chapter by special exception or conditional use, contingent
upon certain safeguards, standards and conditions that are intended
to limit potential adverse effects from such land uses. These standards
shall supersede any standard or regulation contained elsewhere in
this chapter, and shall be regarded as conditions that are necessary
for the approval of any special exception or conditional use.
C.
Compliance with special standards. The applicant shall demonstrate
compliance with the standards established in this and other articles
and must furnish evidence as may be necessary to demonstrate such
compliance. The burden of proof shall rest with the applicant, and
the Zoning Hearing Board or Township Supervisors may reject any purported
evidence or proof offered in support of an application if the Zoning
Hearing Board or Township Supervisors (whichever has jurisdiction)
finds that the evidence or proof is not compelling or is inadequate.
These standards shall be complied with continually.
D.
Additional conditions. In granting any special exception or conditional
use, the Zoning Hearing Board or Township Supervisors may attach such
reasonable conditions and safeguards, in addition to those expressed
below, as it may deem necessary to implement the purposes of this
chapter.
E.
Use of experts. In hearing and deciding upon applications for any
special exception or conditional use, the Zoning Hearing Board or
Township Supervisors may call upon any experts or authorities it may
deem necessary to assist it in arriving at a fair and impartial determination.
G.
Hearings. The Zoning Hearing Board or Township Supervisors shall hold a hearing on all applications for special exceptions or conditional uses following the procedures in Article XXV.
H.
Additional guidelines. Prior to approving an application for a special exception or conditional use, the Zoning Hearing Board and Township Supervisors shall determine that the applicant has met the provisions of § 370-208 of this chapter.
I.
Recommendations from the Township Planning Commission. In considering
any application for conditional use, the Township Supervisors shall
consider the recommendations of the Township Planning Commission if
provided within 60 days after receipt of the application.
A.
All bed-and-breakfast establishments shall be conducted within a
single-family detached dwelling.
B.
No modifications shall be made to the exterior front facade of the
dwelling which would alter its character as a single-family home.
C.
No front yard areas shall be used for parking in addition to those
spaces existing prior to the application for the bed-and-breakfast.
D.
Guests shall be limited to lodging for a maximum of 14 consecutive
days.
E.
All units shall have at least two means of egress.
F.
Off-street parking shall be provided according to the provisions of § 370-181B(5) in addition to those required for the principal dwelling. Additional parking shall be placed in side or rear yard areas.
G.
The owner and operator of the bed-and-breakfast establishment shall
reside in the dwelling.
H.
Signs are permitted subject to the provisions of § 370-176B. Any lighting used to illuminate such a sign shall be shielded to reduce spillover of light to adjacent properties to the greatest extent possible.
I.
Not more than two persons, in addition to persons residing in the
dwelling, may be employed on-site.
J.
All sewage facilities shall be reviewed and approved by the Chester
County Health Department.
K.
There shall be no meal service except for breakfast.
A.
The Class B home occupation shall only be conducted within a single-family
dwelling or in an accessory building or structure.
[Amended 10-2-2019 by Ord. No. 2019-06]
B.
No products or materials used in the Class B home occupation shall
be stored outside unless screened.
C.
An area corresponding to not more than 25% or 600 square feet, whichever
is less, of the gross square footage of the dwelling, including all
floors and habitable basement areas, but excluding attic space, shall
be devoted or used for the Class B home occupation.
D.
The Township may require screening of any parking area or exterior
activity.
E.
No more than two persons, in addition to the persons residing in
the dwelling, may be employed on-site.
F.
The Class B home occupation structure shall not be subdivided from
the parent parcel.
G.
No modifications shall be made to the exterior front facade of the
dwelling which would alter its character as a single-family dwelling.
H.
Not less than two parking spaces shall be provided for the Class
B home occupation in addition to the parking spaces provided for the
dwelling. No front yard areas shall be used for parking in addition
to those spaces existing prior to the application for the Class B
home occupation. Notwithstanding other provisions in this chapter
to the contrary, tandem parking spaces in driveways may be used to
meet off-street parking requirements. Parking for the Class B home
occupation shall be located in side or rear yard areas or in garages.
Commercial vehicles may be placed in side yard areas or on existing
driveways. Notwithstanding the above, refrigerator trucks or other
vehicles that operate machinery that is audible at any lot line for
periods exceeding two hours shall be set back not less than 100 feet
from all lot lines.
I.
Before any building is used for a Class B home occupation, the applicant
shall receive a permit from the Zoning Administration Officer, which
shall state that it is issued subject to the applicant complying with
the conditions of this section.
J.
The applicant shall demonstrate that traffic generated by the Class
B home occupation shall not significantly increase from current levels.
K.
The Township may require periodic re-inspection to ensure continued
compliance with all applicable conditions.
L.
The resident shall operate the Class B home occupation.
All dwellings shall be served by public or community water and
sanitary sewage treatment facilities.
A.
No more than eight dwellings may be located in any single structure.
B.
The applicant shall provide elevations or renderings of the proposed
structures.
C.
For multifamily buildings all parking areas shall be provided in off-street areas, and no driveway area located in front of any structure shall be counted as a required parking space. It is the intent of this provision to avoid the parking of vehicles on streets or in driveway areas in front of the dwellings. Parking shall be provided as required in § 370-181.
[Amended 6-7-2017 by Ord.
No. 2017-05]
D.
Not more than two adjacent structures shall have identical roof heights,
roof styles, or setbacks from any access road or public street. Not
more than eight units shall be placed in a single structure.
E.
Access shall be from a major or secondary collector street.
F.
The Township shall require landscaping.
G.
Minimum yard setbacks shall be increased by not less than 50% in
R-2, APO I and APO II Districts.
H.
Minimum spacing shall be provided between buildings as shown in the
table below:
[Amended 8-4-2010 by Ord. No. 2010-04]
|
Separation Requirements
Townhouses, Apartments and Similar Multifamily Housing
| |
|---|---|
|
Dimension
|
Space Between Buildings
(feet)
|
|
Front to front
|
70
|
|
Front to side
|
50
|
|
Front to rear
|
70
|
|
Side to rear
|
30
|
|
Side to side
|
30
|
|
Rear to rear
|
50
|
|
Corner to corner
|
20
|
A.
An existing institutional building(s) may be used or replaced for
multifamily use, subject to the following conditions:
(1)
The use shall be subject to a maximum density of five units
per acre of developable area.
(2)
The use shall be subject to a minimum setback of 200 feet from
the street (front yard setback) and 75 feet for each side yard and
125 feet for each rear yard.
(3)
All access shall be from a major or secondary collector street
to the next intersections (not a local street) providing clear sight
distance, via entrance available for the exclusive use of the proposed
multifamily project, which shall be located not less than 300 feet
from any other driveway or entrance off the main road.
(4)
The developable lot area shall be a minimum of 10 acres. Qualification
for additional units requires five developable acre increments.
(5)
The facility shall be served by public water and public sewer.
(6)
Adequate landscaping shall be provided to substantially buffer
the project, regarding visibility, as to front yard, both side yards
and rear yard, and shall have a minimum depth of 30 feet, and shall
be satisfactory to the Township Engineer or designated consultant,
as to species and plantings.
(7)
If the use is intended to serve persons requiring ongoing services,
whether of a personal care, medical, or other supportive nature, the
applicant shall demonstrate the following:
(a)
Said supportive services will be responsive to the needs of
the residents.
(b)
Said supportive services will be sufficient in availability
to service the said needs.
(c)
Adequate assurance of the continued availability of said services
shall be provided. A use so designated shall be permitted only as
to such special purpose tenants. Said special purpose tenants may
include mentally and/or physically disabled persons, but shall not
admit active illegal substance users or alcohol abusers, nor persons
subject to the continuing supervision of the criminal justice system.
(8)
In considering any conditional use application, in addition to assurance that the aforementioned standards are satisfied, the Township Supervisors shall assure that the application satisfies the requirements of § 370-207 of this chapter, and shall determine that the standards contained in § 370-208 have been satisfied.
(9)
This section shall only apply to existing buildings or replacements
thereof, but not so as to increase aggregate square footage of such
buildings.
B.
Each mobile home park shall be established, maintained, constructed and operated in compliance with Article V, Section 501 of the Pennsylvania Municipalities Planning Code, as it may be amended,[1] as well as Article VI of Chapter 320, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C.
Public or community water and sanitary sewer facilities shall be
provided, as required by the Pennsylvania Department of Environmental
Protection.
D.
Access shall be from a major or secondary street.
E.
Accessory uses shall be set back from all exterior lot lines not
less than 50 feet.
B.
No extraction or processing shall be permitted within 200 feet of
any lot line or 500 feet of any residential use or district.
C.
The applicant must comply with all applicable state and federal standards
and regulations.
D.
The Township may require the use to be screened from all roads and
adjoining properties and may require the use of chain-link fencing
not less than eight feet in height.
E.
All uses shall provide sufficiently long stacking lanes into the
facility to avoid the backup of vehicles onto public roads.
F.
All driveways onto the site must be paved with asphalt not less than
100 feet from the street right-of-way line. In addition, a fifty-foot
long gravel section of driveway shall be placed just beyond the preceding
100-foot paved section to dislodge any debris that may have become
attached to a vehicle's wheels. All access roads shall be cleaned
of debris daily.
G.
All operations shall be continuously supervised by a qualified facility
operator.
H.
Access to the site shall be controlled to prevent unauthorized dumping,
trespassing or vandalism.
I.
Leachate shall be disposed in compliance with any applicable state
and federal laws or regulations. In no event shall leachate be disposed
of in any stormwater facility, into the ground, or in any other manner
inconsistent with the regulations of the Pennsylvania Department of
Environmental Protection.
J.
A hydrogeological study shall be provided to enable the Township
to evaluate the impact of the proposed development on the groundwater
supply and on existing wells, to determine if there is an adequate
supply of water for the proposed development and to estimate the impact
of the new development on existing wells in the vicinity. The applicant
shall submit an analysis of raw water needs (groundwater or surface
water) from either private or public sources, indicating the quantity
of and periods of water demand. The water feasibility shall be reviewed
by the Township Engineer.
K.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the Township. A hydrogeological study shall include the following
information (unless more stringent regulations are set by county,
state, or federal agencies, in which case, the more stringent regulations
shall be met):
(1)
Calculations of the projected water needs.
(2)
A geologic and soils map of the area.
(3)
The location of all existing wells within 1,000 feet of the
site and all known point sources of water pollution.
(4)
The long-term safe water yield shall be determined.
(5)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and groundwater table.
(6)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
L.
A landscape strip shall be located along all property lines. No structures,
storage, parking or any other related activity or operation shall
be permitted within this landscape strip. Fences or other structural
screening erected on the site must not be located within this landscape
strip. All uses shall provide not less than a 100-foot deep landscaping
screen. The Township may require that an elevated berm be incorporated
into the landscape strip.
M.
The applicant shall submit a plan demonstrating safe access to the
site, control of odors, noise, vermin, sanitation, trespassing, control
of blowing litter, and control of flyrock if blasting is proposed.
N.
Hours of operation shall be limited to the hours between 9:00 a.m.
to 5:00 p.m.
O.
All access shall be from major or secondary collector streets.
P.
A plan shall be prepared for reclamation of the site upon conclusion
of the activity.
R.
The stripping of topsoil or sod shall be permitted only as part of
the construction or alteration of a building or part of the grading
incidental to such construction, including installation of utilities,
in connection with the construction or alternation of a street, in
connection with normal lawn preparation and maintenance, or in farming
operations in those zoning districts where such use is permitted,
provided sound soil conservation practices are observed.
A.
Access and frontage of any public park containing recreational facilities
shall be on major or secondary streets.
B.
Active outdoor recreation activities shall be set back not less than
50 feet from any lot line.
C.
The applicant shall provide a plan for controlling traffic, noise,
light, litter, trespassing, dust and pollution.
A particular use may be allowed in a district if the use is
not listed as a use permitted by right, special exception or conditional
use in any district, or listed as prohibited in any district. Such
uses may be permitted if the applicant demonstrates:
A.
The proposed use is not materially different from other permitted
uses, special exception uses or conditional uses allowed in the same
district.
B.
The proposed use shall not create adverse effects to a degree materially
greater than other permitted uses, special exception uses or conditional
uses allowed in the same district.
C.
If the proposed use is similar to another use permitted by right
or by special exception in the same district, the Zoning Hearing Board
may permit the proposed use subject to the conditions attached to
the permitted use that is most similar to the proposed use. The preceding
provisions shall not be construed as a variance.
D.
If the proposed use is similar to another use permitted by conditional
use in the same district, the Township Supervisors may permit the
proposed use subject to the conditions attached to the conditional
use that is most similar to the proposed use. The preceding provisions
shall not be construed as a variance.
A.
A single-family detached dwelling existing prior to the effective
date of this chapter may be converted into and used as a two-family
or multifamily housing.
B.
The plans for the conversion of a dwelling shall be submitted to
the Zoning Hearing Board, accompanied by a certificate of approval
by the Pennsylvania Department of Labor and Industry, where two or
more families are to be housed above the ground floor.
C.
Such dwellings shall be subject to height, area and bulk regulations
applicable to the district wherein such dwelling is situated, except
that there shall be a lot area not less than the product of the minimum
lot area prescribed in the district regulations multiplied by the
number of families for the use of such dwelling to be converted.
D.
There shall be no external alteration of the building except as may
be necessary for reasons of safety; fire escapes and outside stairways
shall, where practicable, be located in the rear of the building.
E.
The Zoning Hearing Board may prescribe such further consideration
and restrictions with respect to the conversion and use of such dwelling
and to the use of the lot, as such Board may consider appropriate.
F.
Not less than 800 square feet of habitable floor area shall be provided
for each dwelling.
[Amended 8-7-2013 by Ord. No. 2013-05]
A.
Purpose. The purpose of this chapter and the standards established
herein is to govern the use, construction and location of a commercial
wireless communications facility in Schuylkill Township (the Township)
in recognition of the nature of wireless communications and the Federal
Telecommunications Act of 1996. These regulations are intended to:
(1)
Accommodate the need for commercial wireless communications
facilities while regulating their location and number so as to ensure
the development of commercial wireless communications;
(2)
Ensure the structural integrity of antenna support structures
for wireless communications through compliance with governmental regulations
and applicable industry standards;
(3)
Minimize the number of such facilities by encouraging commercial
wireless communications providers to co-locate their wireless communications
antennas with other communications providers on existing or new antenna
support structures;
(4)
Minimize any adverse visual effects of the commercial wireless
communications facility through proper design, siting, screening,
use of materials, color and finish;
(5)
Promote the health, safety and welfare of the residents of the
Township.
B.
Standards for wireless communications facilities. An applicant seeking
to construct or erect a commercial wireless communications facility
in a zoning district permitting such a facility shall submit an application
for a building permit for the facility to the Township. The Township
shall approve or deny the application with respect to the standards
for wireless communications facilities specified in this section,
the Township's Individual Lot Grading/Plot Plan Requirements checklist,
and recommendations from the Township's Zoning Officer and the Township's
Engineer.
(1)
Design and construction standards. The proposed commercial wireless communications facility shall be designed and constructed in accordance with all applicable building standards for such facilities and structures, including but not limited to the standards developed by the Electronics Industry Association/Alliance, the Electronic Components Association (ECA), the Joint Electronic Devices Engineering Councils (JEDEC) Solid State Technology Association, the Government Electronics and Information Technology Association (GEIA), the Telecommunications Industry Association (TIA), the Consumer Electronics Association (CEA), the Institute of Electrical and Electronics Engineers (IEEE), and standards contained in Chapter 140, Construction Codes, Uniform, as enacted by Schuylkill Township.
(2)
Permitted locations. The wireless communications facility shall
be restricted to:
(a)
Zoning districts in the Township where such use is permitted;
(b)
One wireless communications facility per lot or parcel;
(d)
A minimum straight-line distance of 1.5 miles from the proposed
antenna support structure base to the antenna support structure base
of any other wireless communications facility.
(3)
Antenna support structure maximum height.
(a)
The maximum height allowed for an antenna support structure
shall be 150 feet.
(b)
No applicant for a commercial wireless communications facility
shall have the right under these regulations to erect an antenna support
structure over the maximum permitted height unless the applicant can
show that the proposed height of the support structure, with the antennas
intended to be attached thereto, is the minimum height necessary to
provide residents, businesses and organizations in the Township:
(4)
Antenna support structure design.
(a)
Shape. An antenna support structure shall be designed as a monopole
in the configuration of either a unipole or a stealth monopole.
(b)
Controlled collapse. The support structure shall be engineered with break points so that if the structure collapses it will do so within the setback distance specified in § 370-151B(2)(c).
(c)
Anticlimbing devices. The support structure shall be fitted
with equipment or devices to prevent unauthorized persons from climbing
the antenna support structure.
(d)
Color. Unless prohibited by FAA regulations, the Board may require
the applicant to reduce the visibility of the support structure from
the ground by painting it with one or more colors which merge or blend
best with the landscape and/or the sky. Color selection shall be the
Board's decision based upon advice from the applicant, the Zoning
Officer, the Township Manager, and the Environmental Advisory Council.
(5)
Antenna design and placement.
(a)
Placement. Since § 370-151B(10) requires that a wireless communications facility have the least visual impact, the wireless communications antennas shall be placed inside the antenna support structure in accordance with § 370-151B(4)(a).
(b)
Co-location space.
[1]
In order to help minimize the number of antenna support structures
within and near the Township, co-location space on the antenna support
structure shall be provided:
[2]
If such co-location space is not provided for, this may be sufficient
reason for the Board of Supervisors to deny approval of the wireless
communications facility.
(c)
Technical information. The following antenna information also
shall be provided to the Township:
[1]
A description of the type and manufacturer of the proposed transmission
and radio equipment;
[2]
Antenna specifications, to include frequency range, power in
watts, design gain of antennas, subscriber equipment sensitivity (dBm),
design dBm of transmission and receiving equipment, drive or other
test results.
(6)
Alternative location analysis. The purpose of an alternative
location analysis is to justify the location of the commercial wireless
communications facility as well as the proposed antenna support structure
height at the proposed location.
(a)
The applicant shall present and discuss a propagation study
showing weaknesses or gaps in wireless communications coverage within
a two-mile radius of the proposed location of the facility. This study
shall be accompanied by a mapping of existing and planned antenna
support structures within a three-mile radius of the proposed location.
(b)
The applicant shall present and discuss existing and suitable
antenna support structures within a one-fourth-mile radius of the
proposed facility which could also provide coverage of those gaps
in wireless communications identified in the propagation study.
(c)
The Board may deny the application for the facility if the applicant
has not made a good faith effort to obtain permission to locate wireless
communications antennas on one or more existing and suitable antenna
support structures.
(d)
The Board may proceed to process the application for the facility
if the applicant can document that:
(f)
The applicant shall provide competent evidence and testimony by a radio frequency engineer regarding the suitability of alternate facility locations versus the proposed facility location with respect to design and construction standards for a wireless communications network in § 370-151B(1).
(7)
Site plan. A scaled site plan shall be submitted with the application
for the commercial wireless communications facility.
(a)
The site plan, prepared by a Pennsylvania-registered professional
land surveyor and professional engineer, shall clearly indicate adjacent
zoning and land uses; adjacent parcels; structures and owners; adjacent
roadways; rights-of-way; electrical transmission lines; the location,
type, method of construction, and height of the proposed antenna support
structure and associated wireless communications facility structures
and features, including buildings, fencing, landscaping, parking,
and driveway access; any other information deemed necessary to assess
compliance with this section.
(b)
The site plan shall also comply with Schuylkill Township's Individual
Lot Grading/Plot Plan Requirements checklist.
(8)
Security fencing. A security fence shall be required to surround
areas containing the commercial antenna support structure and all
other permitted communications equipment and facilities. This fence
shall be:
(a)
A minimum of eight feet high;
(b)
Equipped with one or more self-locking gates where, in emergency
situations, the Township shall be provided unimpeded access to the
facility, including keys or combinations for any locked gates;
(c)
Constructed with materials and colors that blend best with the
background setting and are the least noticeable. Selection of materials
and colors shall be the Board's decision based upon advice from the
applicant, the Zoning Officer, the Township Manager, and the Environmental
Advisory Council;
(d)
Limited to enclosing a total area of 7,000 square feet.
(9)
Landscaping. Unless prohibited by federal or state laws, landscape
plantings, possibly in combination with other physical features, shall
be required to screen the commercial wireless communications facility
from public view at ground level.
(a)
Location. Landscape plantings shall be provided around all fences
and all permitted unfenced accessory buildings or structures.
(b)
Types. Landscape plantings shall consist of an evergreen screen
or buffer of trees and/or hedges. As the evergreen screen grows, it
shall continue to retain its foliage above two feet off the ground.
Also the screen either shall be highly resistant to deer browsing
or shall be protected from such browsing in the least visible manner.
(c)
Planting requirements.
[1]
Planting intervals. Trees shall be planted at twenty-foot intervals
or 10 feet on center maximum, and hedge shrubs shall be planted at
six-foot intervals or three feet on center maximum.
[2]
Heights. The evergreen screen shall be a minimum height of six
feet at planting and shall be capable of growing to a minimum of 15
feet high at maturity.
(d)
Existing vegetation around the facility shall be preserved to
the greatest extent possible.
(e)
Combinations. The Board may permit a combination of landscaping,
existing vegetation, topography, walls, decorative fences or other
features if such a combination will achieve the same degree of visual
screening and least visual impact as landscaping alone.
(f)
Additional plantings. At its discretion the Board may require
additional plantings of evergreens or deciduous flora of various maturing
heights in order to soften the appearance of the facility.
(g)
Maintenance. Landscaping shall be maintained by the applicant
for as long as the facility is in operation.
(10)
Visual impact. The applicant or facility owner shall minimize
the visual impact of the commercial wireless communications facility
and its antenna support structure through appropriate selection of
location, landscaping and aesthetic design.
(a)
Proposed location. The facility and its antenna support structure
shall be located on a site where the facility and the antenna support
structure are least visible from residential areas, public roads,
and other areas frequented by the public.
(b)
Proposed design. The design of the facility's antenna support structure, buildings, equipment, accessory structures and facilities shall use materials, colors, textures, screening and landscaping [§ 370-151B(9)] that will aesthetically blend with the natural setting and the built environment.
(c)
Visual impact study. A visual impact study shall be submitted
which graphically simulates through models, computer-enhanced graphics
or similar techniques the appearance of the proposed antenna support
structure and indicates its view from at least five locations around
and within one mile of the proposed antenna support structure where
the antenna support structure will be the most visible. Aerial or
satellite photographs within one mile of the proposed facility shall
also be included.
(d)
National Historic Preservation Act. The applicant shall provide
proof to the Township that it has complied with Section 106 of the
National Historic Preservation Act, 16 U.S.C. § 470f,[1] and has reviewed the effects of the proposed wireless
communications facility on local historic resources that are included
in, or eligible for inclusion in, the National Register of Historic
Places.
[1]
Editor's Note: See now 54 U.S.C. § 300101 et seq.
(11)
Backup generator capability. Should there be an electrical power
failure, the commercial wireless communications facility should be
equipped with an electrical backup generator capability so that all
antennas, supporting communications equipment and other electrical
equipment will continue to function properly in the event of a power
outage. Backup generator(s), if installed, shall be fueled by propane
or natural gas. In addition, the facility also should be equipped
with an uninterruptible/battery backup capability to bridge the time
gap between electrical power loss and backup generator startup.
(12)
Prohibited facilities. With the exception of the commercial
wireless communications facility equipment building(s), pad(s) or
structures containing the equipment necessary for the continuing operations
of wireless communications, all other uses ancillary to the facility,
including but not limited to a business office, a mobile telephone
switching office, a maintenance depot, a vehicular storage area, or
other storage areas of similar size, shall not be located at the facility
site.
(13)
Utilities. Utilities required for the commercial wireless communications
facility shall be located underground.
(14)
Signs. No signs shall be posted or mounted on the commercial wireless communications facility except for those signs required by the FCC, the FAA, or other governmental agency. These agencies typically permit only safety-related signs such as owner contact information, warnings, equipment information and safety instructions. Any posted or mounted sign shall not exceed two square feet in area and shall conform to Article XXI, Signs, § 370-178, of this chapter.
(15)
Parking. If the commercial wireless communications facility is fully automated, adequate parking shall be provided for all maintenance workers with a minimum of two spaces provided, consistent with parking requirements in § 370-181. If the facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the facility during the largest shift. The provided parking shall not interfere with other ingress, egress or use in the area, nor obstruct traffic.
(16)
Facility approach. Access to the commercial wireless communications
facility shall be from a driveway 14 feet wide leading to a public
road.
(17)
Lighting. All lighting associated with the commercial wireless communications facility shall conform to § 370-130C, Outdoor lighting, of this chapter, and all such lighting shall be oriented, focused or shielded so as to minimize light intrusion on surrounding properties.
(a)
Antenna support structure lighting. Except when required by
the FAA or other governmental authority, no antenna support structure
may be artificially lighted. However, when such lighting is required:
[1]
The lighting shall be limited to the minimum lumens
and number of lights required;
[2]
Any blinking or rotating light shall be screened
so as not to throw its light below the horizontal plane in which it
is installed;
[3]
The applicant shall promptly report any outage
or malfunction of mandated lighting to the appropriate governmental
authorities and to the Township.
(b)
Facility compound lighting. Facility lighting shall be installed
only for security, safety, or maintenance purposes and shall be:
(18)
Noise. No commercial wireless communications facility equipment,
including but not limited to condensers, air conditioners, generators,
or maintenance equipment, shall be operated so as to produce cumulative
or total site noise, as measured at any parcel or lot boundary of
the facility site, in excess of the following sound pressure levels:
(19)
FCC licenses and permits. The applicant shall demonstrate that it is a wireless communications provider currently licensed by the FCC. In the case of those companies that own and erect antenna support structures for lease to such companies, the applicant shall show it has one or more letters of intent from FCC-licensed wireless communications providers [§ 370-151B(24)(c)] to locate wireless communication antennas at the proposed commercial wireless communications facility. As part of the application, the applicant shall also provide to the Township:
(a)
Copies of all FCC applications, permits, approvals, licenses
and site inspection records. Such information shall be accompanied
by a certification signed by two officers of the applicant indicating
that the information being supplied is true and correct to the best
of their knowledge, information and belief.
(b)
Copies of all applicable federal regulations which the applicant
is required to comply with, and a schedule of estimated FCC inspections.
(20)
Radio frequency emissions report. A report shall be produced
by a radio frequency engineer confirming that the radio frequency
emissions generated by the proposed facility will comply with FCC
regulations and standards.
(21)
Properties impact report. A report shall be produced by the
applicant addressing the potential impacts associated with constructing
the commercial wireless communications facility, including appropriate
mitigation measures if negative impacts are expected to occur on surrounding
properties.
(22)
Maintenance. The applicant shall submit in writing the anticipated
maintenance needs of the commercial wireless communications facility,
including frequency of service, personnel needs, equipment needs,
and any traffic safety and noise impacts of such maintenance. The
applicant shall be responsible for maintaining the facility in the
manner described and agreed to by the Board at the hearing.
(23)
Supporting information. The following information also shall
be supplied by an applicant desiring to construct a commercial wireless
communications facility:
(a)
Certificate of insurance, issued to the owner/operators evidencing
that there is adequate liability insurance in effect insuring against
liability for personal injuries, death and property damage caused
by the facility;
(b)
A copy of the lease or other written agreement with the property
owner, confirming that the applicant has standing to file the application
for the proposed facility and also maintain the facility following
its approved construction;
(c)
Operation and maintenance contacts: the names of the primary
and secondary contact persons responsible for facility operation and
maintenance, and the address, telephone, email and other contact information
for each person.
(24)
Building permit. Before a building permit is approved for the
applicant's proposed wireless communications facility, the Township
must receive and be satisfied with the following:
(a)
Soils report. A report complying with the standards of Geotechnical
Investigations, ANSI/EIA-222E, as amended, shall be submitted to the
Township to document and verify the design specifications of the foundation
for the communications antenna support structure and, if used, anchors
for guy wires;
(b)
Design certification. A written certification by a Pennsylvania-registered professional engineer, including supporting calculations that, to the best of the engineer's knowledge and belief, the design of the facility, including but not limited to the antenna support structure, wireless communications antennas, supporting communications equipment, security, etc., adheres to the standards and regulations cited in § 370-151B(1);
(c)
Letters of intent. Letters of intent by wireless communications
providers to install one or more wireless communications antennas
on the proposed antenna support structure;
(d)
Financial security. A financial escrow amount shall be provided by the applicant to the Township, in a form, amount and minimum term acceptable to the Township, and sufficient to cover the costs associated with demolition and removal of the facility and site restoration, in accordance with § 370-151B(30).
(25)
Certificate of occupancy. When construction of the wireless communications facility has been completed, prior to the issuance of a certificate of occupancy by the Township, a qualified professional engineer registered in Pennsylvania shall certify that construction of the facility has been accomplished as designed and that construction adheres to the standards and regulations cited in § 370-151B(1), particularly with regard to:
(26)
Radio frequency interference. In the event the commercial wireless
communications facility causes a measurable interference problem in
the Township for a resident, business or organization with respect
to radio or television reception, cellular or portable phones, heart
pacemakers, garage door openers, other remote controls, and other
radio-dependent devices in general use in the Township and in compliance
with FCC regulations, the impacted party shall immediately notify
the wireless communications facility owner and at the same time so
inform the Township. After such notification:
(a)
The owner shall then ensure the interference problem is promptly
corrected within 72 hours and at the owner's sole expense;
(b)
If the interference problem cannot be promptly corrected, the
owner shall halt operation of any offending equipment suspected to
be the cause of the problem;
(c)
In the event that the interference problem continues longer
than 72 hours, the Township may require the offending equipment to
be dismantled and removed, and the owner may be subject to civil enforcement
proceedings.
(27)
Annual registration fee. In January of each year the wireless
communications facility owner shall pay any registration fee(s) as
established from time to time by resolution of the Board of Supervisors.
(28)
Annual maintenance program and inspection.
(a)
Annually, the wireless communications facility owner shall submit
to the Township:
[1]
Proof of maintenance activity on the facility which
has occurred during the last 12 months;
[2]
An inspection report submitted by a qualified professional
engineer as required by the ANSI/TIA-222-E Codes, supported by proof
of an annual inspection of the facility, especially the antenna support
structure and wireless communications antenna(s).
(b)
Any structural faults noted in an inspection report concerning the antenna support structure, antennas or appurtenances shall be immediately corrected by the owner. If such faults are not immediately corrected, the Board of Supervisors may require removal of the facility in accordance with § 370-151B(30).
(c)
In the event the annual inspection referred to above is not
performed in a timely manner, or if the owner fails to make the necessary
repairs, or if the owner fails to remove the facility when directed
by the Board, the owner shall be subject to civil enforcement proceedings.
(29)
Annual report by the wireless communications facility owner.
In January of each year, the owner shall provide the Township with
the following information concerning the commercial wireless communications
facility:
(a)
Contact information (name, address, telephone, email) for the
following parties:
(b)
The location of the facility by geographic coordinates, indicating
the latitude and longitude;
(c)
A copy of the owner's or operator's FCC license or authorization;
(d)
A certificate of insurance issued to the owner/operators evidencing
that there is adequate liability insurance in effect insuring against
liability for personal injuries and death and property damage caused
by the facility;
(e)
Wireless communications facility technical information as follows:
[1]
Height of the antenna support structure;
[2]
Height of the wireless communications antenna(s);
[3]
The number of transmitters, channels and antenna(s);
[4]
Distance to nearest base station;
[5]
Output frequency of the transmitter(s);
[6]
The type of modulation, digital format and class
of service;
[7]
Gain of the antenna(s);
[8]
The effective radiated power of the antenna(s);
[9]
Power input to the antenna(s).
(f)
A certification signed by two officers of the owner that the
facility is continuing to comply with this chapter and all applicable
governmental regulations, including but not limited to output and
emission limits established by the FCC.
(30)
Abandonment and removal.
(a)
Upon the cessation of use or abandonment of the commercial wireless
communications facility, the wireless communications facility owner
shall be required to notify the Township within 72 hours.
(b)
If the nonuse or abandonment persists for a continuous period
of six months or longer, the owner shall demolish and/or remove the
facility from the land site within six months of such abandonment
and/or nonuse.
(c)
Upon completion of facility demolition and removal, the facility
site shall be cleaned, restored and revegetated to blend with the
surrounding vegetation existing at the time of abandonment.
(d)
All costs of demolition and/or removal and restoration shall
be borne by the wireless communications facility owner.
(e)
In the event that the demolition and/or removal and restoration
are not performed in a timely manner, the wireless communications
facility owner shall be subject to civil enforcement proceedings.
C.
AMATEUR RADIO ANTENNA
AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
AMATEUR RADIO SERVICE COMMUNICATIONS
ANTENNA SUPPORT STRUCTURE
ANTENNA SUPPORT STRUCTURE HEIGHT
ANTENNA, WIRELESS COMMUNICATIONS
CO-LOCATION
COVERAGE, WIRELESS COMMUNICATIONS
dBA
dBm
FAA
FCC
MONOPOLE
MONOPOLE, STEALTH
PROPAGATION STUDY
RADIO FREQUENCY EMISSIONS
RADIO FREQUENCY ENGINEER
SETBACK DISTANCE
UNIPOLE
WIRELESS COMMUNICATIONS
WIRELESS COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS FACILITY OWNER
WIRELESS COMMUNICATIONS NETWORK
WIRELESS COMMUNICATIONS PROVIDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An antenna used in the sending and receiving of amateur radio
service communications in the form of electromagnetic waves and as
authorized by the issuance of an amateur radio license by the Federal
Communications Commission (FCC), provided that the transmission and
reception of such electromagnetic waves is compliant with all FCC
regulations.
[Added 11-1-2017 by Ord.
No. 2017-13]
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an amateur radio antenna.
[Added 11-1-2017 by Ord.
No. 2017-13]
A radio communication service owned and operated by an amateur
radio operator licensed by the FCC solely for personal, and not pecuniary,
interest.
[Added 11-1-2017 by Ord.
No. 2017-13]
A tower, pole, telescoping mast, lattice frame tower, tripod,
or other structure which supports one or more wireless communications
antennas.
The vertical distance measured from the base of an antenna
support structure at the undisturbed grade to the highest point of
the structure. If the antenna support structure is on a sloped grade,
then the average between the highest and lowest grades shall be used
in calculating the antenna support structure height.
A device used to receive and/or transmit wireless communications
or radio signals, including panels, microwave dishes, wires, signal
poles, whips or similar communications devices, as owned or operated
by any person or entity licensed by the Federal Communications Commission
(FCC) to operate such devices.
The placement of two or more wireless communications antennas
on the same antenna support structure.
The areas depicted on a map where cellular phone users can
receive adequate and reliable wireless communications service while
located outdoors holding their cellular phone a minimum of five feet
from the ground.
A measure of sound pressure level in decibels (dB) relative
to a 0 dB reference, the typical threshold of perception of average
human hearing, as modified by an A-weighting factor to account for
the relative loudness perceived by the human ear, which is more sensitive
to higher sound frequencies than lower sound frequencies.
An abbreviation for the power ratio in decibels (dB) of the
measured power referenced to one milliwatt (mW). This is a measure
often used for radio, microwave and fiber optic communications equipment.
The Federal Aviation Administration.
The Federal Communications Commission.
An antenna support structure that is self-supporting by means
of a single shaft of steel, concrete, wood, or other structural material.
A monopole with antennas installed either inside or outside
the pole, but with external adornments transforming the pole as something
else, such as a flagpole, evergreen tree, eagle's nest platform, etc.,
causing the structure not to be readily recognized as telecommunications
equipment.
A computer-simulated model of wireless communications signal
strength coverage as a function of frequency, distance, and other
conditions, to include nearby wireless communications facilities.
Measurable electromagnetic energy radiation from any source,
including wireless communications facilities, in the frequency range
from 0.003 MHZ to 300,000 MHZ.
A professional engineer registered in Pennsylvania who specializes
in electrical or microwave engineering, especially the study of radio
frequencies.
The required minimum distance in a zoning district from a
structure on the subject lot to the nearest lot line of that lot as
measured perpendicular to that lot line, or the required minimum distance
from a structure on the subject lot to another structure on that same
lot or to a structure on a different lot in the vicinity of the subject
lot.
A monopole antenna support structure with antennas located
inside the pole and with no discernible external antennas or adornments
attached to the outside of the pole.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
The wireless communications antenna(s), wireless communications
antenna support structure, wireless communications equipment building(s),
parking, fencing, plantings, and/or other structures and equipment
supporting the receiving or transmitting of wireless communications
or radio signals.
An organization or individual which owns the infrastructure
of the wireless communications facility and which rents, leases or
owns the land occupied by the facility.
Wireless communications between two or more land areas called
"cells," where each cell is served by at least one transceiver, or
transmitting and receiving antenna array, and where each transceiver
at the same location or cell operates on a different set of radio
frequencies.
Any entity or person which installs and operates one or more
antennas to achieve wireless communications. Some corporate examples
are AT&T, Verizon, and Sprint/Nextel.
D.
Amateur radio antennas.
[Added 11-1-2017 by Ord.
No. 2017-13]
(1)
Authorization of use. Amateur radio antennas and amateur radio
antenna support structures are hereby recognized as permitted accessory
structures in the FR, R-1, and R-2 Zoning Districts, provided that
the residence to which the amateur radio antenna or amateur radio
antenna support structure is accessory must be a single-family detached
dwelling.
(2)
Amateur radio antennas and amateur radio antenna support structures
must not, on a combined basis, exceed 65 feet in height above ground
level, measured from the base of the amateur radio antenna support
structure or other structure or building to which an amateur radio
antenna is attached.
(3)
Every amateur radio antenna and amateur radio support structure
installed on a lot having a rear yard shall be located to the rear
of any residential building, and any amateur radio antenna and amateur
radio support structure installed on a lot not having a rear yard
shall be located on the lot in such a manner so as to minimalize the
visual impact of said improvements to the extent possible given the
physical features of the lot. Every amateur radio antenna and amateur
radio support structure must be located entirely on the same lot as
the single-family detached dwelling to which it is accessory.
(4)
No more than one amateur radio antenna and amateur radio antenna
support structure shall be permitted on any lot.
(5)
All amateur radio antennas and amateur radio antenna support
structures shall be set back from all property lines a minimum distance
of the greater of:
(a)
The dimensional requirements for required yards per the applicable
zoning district; or
(b)
The overall height above ground level of the amateur radio antenna
support structure.
|
[NOTE: Justified as a public health and safety measure to ensure
that, should complete structural failure occur, the support structure
would remain entirely on the subject property.]
|
(6)
The construction and/or installation of an amateur radio antenna or amateur radio antenna support structure must be authorized by properly issued building and zoning permits. All applications for such a building permit must be supported by appropriate engineering designs, data and reports confirming compliance with all regulations set forth in the Township Code, including but not limited to § 370-133, Landscaping, and the building code[2] in effect at the time of the application submission. The
design of all amateur radio antenna support structures must incorporate
proper structural designs, foundations and anchoring consistent with
the most current standards established by ANSI/EIA/TIA-222, Structural
Steel Standards for Steel Antenna Towers and Supporting Structures
[NOTE: this modification ensures that the support structures will
be designed, constructed and maintained in accordance with the correct
and stringent standards of the International Building Code], and such
anticlimbing features or devices as may be necessary to reasonably
prevent unauthorized individuals from climbing the structure.
(7)
All amateur radio antennas and amateur radio antenna support
structures must be dismantled and removed from the subject property
not later than 60 days from the date on which the antenna or support
structure ceases to be used or from the date on which an owner of
the lot upon which the amateur radio antenna is situated is no longer
licensed by the FCC, or at time of use and occupancy should the buyer
of the lot not be licensed by the FCC.
(8)
The construction, installation, operation and dismantling of
an amateur radio antenna and amateur radio antenna support structure
shall at all times comply with all regulations of the Federal Communications
Commission and the Federal Aviation Administration.
A.
Heliports and helistops may be permitted as an accessory use on the
same lot with, and incidental to, a use permitted in the particular
zoning district. The heliport or helistop also shall comply with the
area and bulk requirements of the applicable zoning district, but
in no case shall any such landing surface be located closer than 600
feet from any residential district boundary line.
B.
The landing surface shall be paved and level and shall be at least
60 feet square or, in the case of a circle, shall be at least 60 feet
in diameter. The landing surface shall be well maintained and shall
be kept dirt-free to preclude blowing dust or debris caused by rotor
downwash, and shall contain no structure or other obstacle other than
those required for safety purposes.
C.
The perimeter of the entire area shall be enclosed by a securable,
well-constructed fence, a minimum of four feet high, which will serve
to prevent unauthorized entry into the landing area. Trees, shrubbery
and other landscaping shall be provided in quantities and dimensions
deemed necessary by the Zoning Hearing Board to minimize offensive
motor noise and to afford a softening of the visual impact of the
landing area. Rooftop pads shall be excluded from these requirements.
D.
At least two approach zones to each landing pad shall be provided
and maintained free of obstructions and shall be located not less
than 90° apart. Each approach landing shall be located within
45° left or right downwind of the prevailing winds and shall fan
out at an angle of not less than 10° from the width of the landing
pad to a width of 1,000 feet and shall have a glide angle slope of
eight to one measured from the outer edge of the pad. The landing
facility shall be available for noninstrument use only. If landing
area lights are to be provided, they shall be pilot-operated. No portion
of the approach zone shall be within the minimum safe altitudes as
expressed in Federal Aviation Regulations Part 91.119, as may be amended.[1]
[1]
Editor's Note: See 14 CFR 91.119.
E.
An application for a landing pad on a roof shall be accompanied by
a certification by a registered engineer that the loads imposed by
the helicopter will be supported by the structure.
F.
All fuel, fire and safety equipment provided in conjunction with
a heliport or helistop shall be subject to the approval of the Township
Fire Marshal.
G.
In reviewing any application for a heliport or helistop, the Zoning Hearing Board may impose restrictions on hours of operation, the lighting, noise levels (though the provision of § 370-130A hereof may not always apply), flight altitude over residential areas, and such other requirements as may be appropriate and reasonable to protect the health, welfare, and safety of Township residents and their property.
H.
In addition to the requirements of the Township, any applicant for
a heliport or helistop shall comply with the rules and regulations
pertaining thereto of the Bureau of Aviation, Pennsylvania Department
of Transportation, and the Federal Aviation Administration. No permit
for the use of a heliport or helistop shall be issued by the Township
until the applicant has obtained and submitted to the Township an
appropriate license or other certification of regulatory compliance
or the operation thereof from the Bureau of Aviation, Pennsylvania
Department of Transportation.
I.
The standards and criteria set forth in this section are expressly
promulgated as specific and objective criteria and standards. The
applicant shall have the burden of proof of compliance.
J.
It shall be unlawful for any person to land, discharge, load or take
off in a helicopter any place within the Township of Schuylkill other
than at a heliport or helistop which has been authorized in accordance
with the foregoing provisions of this section, except:
(1)
In conjunction with a special event such as an athletic contest,
a holiday celebration, parade or similar activity, after seven days
advance notice has been given to the Zoning Administration Officer
and permission obtained to make such landing and takeoff.
(2)
When necessary for law enforcement purposes and for emergencies.
(3)
In connection with a construction project where a helicopter
is to be used to lift equipment in connection with such project.
A.
Access shall be from a major or secondary street.
B.
Minimum lot size shall not be less than five acres.
C.
Parking areas shall be landscaped and screened when abutting residential
areas.
D.
The applicant shall provide a plan for controlling noise, traffic,
odor, lighting, and litter.
E.
All structures shall be set back not less than 200 feet from all
lot lines.
A.
The parcel devoted to this use shall be in accordance with the laws
of the Commonwealth of Pennsylvania and, further, a crematorium shall
not be permitted.
B.
Minimum lot size shall be two acres.
C.
Parking areas shall be landscaped and screened when abutting residential
areas.
D.
The applicant shall provide a plan for controlling noise, traffic,
odor and litter.
E.
All structures shall be set back not less than 100 feet from all
lot lines. All plots shall be set back not less than 50 feet from
all lot lines.
F.
Access shall be from a major or secondary collector street.
A.
Access shall be from a major or secondary street.
B.
All facilities shall be designed for transient tenants; units shall
not contain more than two rooms and shall not be connected by interior
doors into groups of more than two units.
C.
Lots shall not be less than four acres.
D.
The Township may require screening where the facility adjoins residential
areas.
E.
A staffed on-site office shall be provided.
F.
All parking areas shall be set back not less than 20 feet from all
lot lines.
G.
Each facility shall provide an area for meeting and dining on-site.
Rooming homes may be conducted in single-family dwellings subject
to the following provisions:
A.
All dwelling facilities shall be located in detached dwellings.
B.
Not more than one dwelling space is permitted for each 5,000 square
feet of gross lot area.
C.
The residential character of the facade shall be maintained.
D.
The minimum lot size shall not be less than two acres.
E.
All parking areas shall be set back not less than 25 feet from all
lot lines.
F.
Not less than one off-street parking space shall be provided for
each rental space. No front yard areas shall be utilized for parking
other than on an existing driveway.
G.
All units shall have not less than two means of egress.
H.
Access shall be from a major or secondary collector street.
I.
Units shall be designed for transient tenants, shall contain not
more than two rooms per rental unit, and shall not be connected by
interior doors into groups of more than two units.
A.
No structure or outdoor kennel shall be located within 200 feet of
any residentially zoned area.
B.
The applicant shall provide landscaping and screening.
C.
The applicant shall provide a plan for controlling loitering, noise,
littering and lighting.
D.
No lighting shall shine towards any residentially zoned area.
E.
Access shall be from a major or secondary street.
A.
No structure shall be located within 100 feet of any residentially
zoned area.
B.
The applicant shall provide landscaping and screening.
C.
The applicant shall provide a plan for controlling loitering, noise,
littering and lighting.
D.
No lighting shall shine towards any residentially zoned area.
E.
Access shall be from a major or secondary collector street.
Wholesale establishments, including lumber yard, building and
plumbing supplies, farm machinery, motor vehicle fuels, warehousing
for indoor storage only, and trucking incidental to such uses.
A.
All truck terminals and exterior storage of trucks, trailers, and
other vehicles shall not be permitted.
B.
No outside storage of materials shall be located within 100 feet
of any residential district.
C.
No motorized vehicles or equipment (i.e., backhoes, dump trucks,
forklifts, etc.) shall be used within 100 feet of any residential
district, except for property maintenance.
D.
The applicant shall provide screening.
E.
Access shall be from a major or secondary collector street.
F.
No fuel storage facility shall be located less than 100 feet from
any lot line.
[Amended 2-1-2006 by Ord. No. 2006-01]
Gas stations and gasoline service stations, also including service
and repair of vehicles, storage garage, automobile sales establishment,
automatic automobile laundries and car wash facilities.
A.
No lot or any portion shall be located within 200 feet of a school,
place of worship, or public recreation area, or residential district.
B.
All accesses shall be designed to provide safe and convenient travel
without the potential for backing vehicles into a public street.
C.
Pumps, pump islands, vacuum stations, air towers, vending machines,
canopies and other structures shall not be located in any required
yards or setbacks. No outdoor display of products not associated with
the use shall be permitted.
D.
A landscaped screening area shall be provided along all property
lines, excluding the front line, and property lines adjacent to existing
commercial uses and adjacent access points. Planting shall not interfere
with the normal line of sight needed for safe entering and exiting
maneuvers by vehicles.
E.
All vehicles (except for tow trucks) shall be stored within a building
when the facility is not open for business, but may be stored in rear
yards or in front or side yards when screened from view. Licensed
vehicles, unregistered or dismantled automobiles, trucks, tractors,
trailers, or parts may be placed outside for periods not to exceed
14 days. No Township rights-of-way may be utilized for any purpose.
Vehicles shall not be parked outside the main structure during the
hours of 9:00 p.m. to 6:00 a.m. in excess of one vehicle for every
500 square feet of business lot area exclusive of buildings or structures,
unless screened. There shall be no limitation on the number of vehicles
parked within a structure.
F.
There shall be no unscreened outside storage of material, although
items for sale may be displayed, provided they are not placed in required
minimum yard areas. No portable signs shall be allowed at any time
or at any location.
G.
Trash, oil cans, tires, discarded motor vehicle parts and components
and any other waste materials may be stored in a completely fenced
in or screened enclosure for periods not to exceed 14 days. The area
of such enclosure shall not exceed 200 square feet.
H.
All landscaped areas shall be maintained in a neat and healthy condition
at all times.
I.
Public-address system or any other outdoor amplified noises are prohibited.
J.
All parking areas and spaces shall have paved, dustless or gravel
surfaces, and shall use wheel stops, curbs or other means to define
the areas in which vehicles may be stored.
K.
No vehicle shall be parked or placed in required minimum yard setbacks.
L.
The Zoning Hearing Board may limit lighting of signs if there are
residential uses within 100 feet.
M.
The minimum lot area is one acre.
N.
The applicant shall provide landscaping and screening.
P.
No outside storage of materials shall be located within 100 feet
of any residential district.
A.
The applicant shall submit a plan to demonstrate that sufficient
off-street parking will be provided to prevent traffic congestion
onto adjoining and nearby roads.
B.
The applicant shall provide screening.
C.
Access shall be from a major street.
D.
The applicant shall provide a plan for controlling traffic, noise
and lighting.
Incinerators, including processing or storage of explosives,
paint, petroleum, gas, or coke, and manufacturing, including brewing,
meatpacking, manufacture or processing of chemical fertilizer, wood
pulp, disinfectants or soap, flour mill, foundry, steel mill, manufacture
or processing of rubber products.
A.
No use of land shall cause an increase in noise that exceeds any
applicable standard set by the Pennsylvania Department of Environmental
Protection (PADEP) or the United States Environmental Protection Administration
(EPA).
B.
No operation shall emit any smoke which exceeds any applicable standard
set by the PADEP or EPA.
C.
No operation shall release any airborne dust, dirt or fly ash which
exceeds any applicable standard set by the PADEP or EPA.
D.
No operation shall emit odorous gases or matter which are perceptible
at any point along a lot line which exceeds any applicable standard
set by the PADEP or EPA.
E.
No operation shall release any toxic gas or hazardous material or
waste into the environment which exceeds any applicable standard set
by the PADEP or EPA.
F.
No operation shall cause vibration which is perceptible at any point
along a lot line which exceeds any applicable standard set by the
PADEP or EPA.
G.
No operation shall produce heat or glare which is perceptible at
any point along the lot line which exceeds any applicable standard
set by the PADEP or EPA.
H.
Waste products shall be stored within enclosed buildings or in containers
adequate to prevent the spread or attraction of vermin and prevent
the carrying of material by the wind. No liquid or solid waste or
material, including any material of such nature or temperature as
can contaminate any water supply or otherwise cause the emission of
dangerous elements, shall be discharged at any point into any sewage
disposal system, watercourse, lake or into the ground, except in accordance
with standards approved by the PADEP or other applicable regulatory
department or agency.
I.
All fuel storage areas shall comply with applicable regulations of
the Pennsylvania State Fire Marshal and/or the Pennsylvania State
Police.
J.
Access shall be from a major street.
K.
The applicant shall provide a plan for controlling traffic, noise
and lighting.
[Amended 7-12-2006 by Ord. No. 2006-04]
There shall be no erection of buildings or streets on steep
slopes; provided, however, that the following uses may be located
in steep slopes:
A.
Passive parks may be permitted, provided that their activities do
not conflict with the use of the land as watershed.
B.
Tree farming, forestry, and other agricultural use may be permitted
when conducted in conformance with conservation practices that ensure
adequate protection against soil erosion.
C.
Areas of man-made steep slopes may be graded or built upon subject
to review and approval under provisions of this chapter applicable
to the granting of conditional uses, provided that the applicant establishes
that such grading or building will not cause any increase in erosion
of soil that would not otherwise occur were such grading or building
not to occur.
A.
Approval shall be conditioned on receipt of all applicable state
permits.
B.
Outdoor play areas shall be located and screened such that noise
and visual effects of the play area on adjacent areas is minimized.
C.
The applicant shall provide a plan for controlling noise and traffic,
especially regarding safe areas for dropping off and picking up children.
[1]
Editor’s Note: Former § 370-166, Special provisions
for averaging of lot sizes, was repealed 10-2-2019 by Ord. No. 2019-05.
A.
The applicant shall demonstrate to the Zoning Hearing Board that
the size and location of the proposed public utility is necessary
to meet the particular nature of the public service.
B.
The Zoning Hearing Board may require landscaping.
C.
The Zoning Hearing Board may require the facility to be constructed
of materials, colors and finishes which are compatible with the character
of its neighborhood.
D.
Parking shall be provided are required in § 370-181, unless the applicant can demonstrate that the nature of the facility requires a lesser amount of off-street parking.
E.
The applicant shall provide a plan for controlling noise, odor, and
visual effects of the facility.
F.
Transportation facilities, such as bus stations, shall be located
on a major street.
[1]
Editor’s Note: Former § 370-168, Cluster development
of single-family detached dwellings through an open space option,
was repealed 10-2-2019 by Ord. No. 2019-05.
[Added 10-2-2002 by Ord. No. 02-09]
In considering an application for conditional use approval for
the use of a lot as a convenience store, the plan shall meet the following
criteria:
A.
Unless otherwise set forth in this section, the regulations of the
district in which the lot is located shall govern.
B.
All gasoline pumps (two dispensers for each pump) shall be covered
by a canopy and shall be illuminated by overhead lighting during nondaylight
hours.
C.
All gasoline pumps and the canopy covering such pumps shall be set
back at least 75 feet from the legal right-of-way line and 50 feet
from the ultimate right-of-way of all streets abutting the lot upon
which the convenience store is located.
E.
Equipment intended to be utilized for the washing of windows of motor
vehicles, as well as places for the storage of such equipment, shall
be permitted within the canopy area or in the building only.
F.
The building used as the convenience store shall contain no more
than 10,000 square feet of gross floor area, exclusive of any area
of such lot being used for gasoline pump dispensers or a canopy over
such dispensers.
G.
All ingress and egress from any lot upon which there is proposed
to be located a convenience store shall provide safe and convenient
travel.
H.
The internal circulation pattern of any lot upon which there is proposed
to be located a convenience store with the retail sale of gasoline
shall not entail vehicles waiting for such gasoline service stacking
onto public streets.
I.
No outdoor display of products shall be permitted.
J.
All trash generated from a convenience store shall be stored in a
completely fenced-in or screened enclosure and may be so stored for
periods not to exceed seven days. Bins shall be subject to setbacks
in underlying districts.
K.
Parking on any lot used as a convenience store shall be provided as required by § 370-181B(19) of this chapter.
L.
Landscaping and screening on any lot used as a convenience store shall be provided as required by this chapter and § 320-34 of Chapter 320, Subdivision and Land Development; provided that, so as to allow for the safe and efficient circulation of vehicles utilizing gasoline dispensing pumps, internal parking lot landscaping shall not be required on a lot used as a convenience store with the retail sale of gasoline, to the extent that waiver from a requirement of internal parking lot landscaping is necessary to accommodate the retail sale of gasoline, but such landscaping shall, in such cases, be located around the perimeter of such a lot.
M.
The Board of Supervisors may require the applicant to submit a traffic
study illustrating the adequacy of existing or proposed roadways to
accommodate any increase in traffic from the proposed convenience
store. Any such traffic study shall be prepared in sufficient detail
to determine peak traffic volumes and roadway capacity and provide
acceptable solutions to traffic congestion.
N.
The maximum number of gasoline pump dispensers and the location of
the same on any lot upon which there is proposed to be located a convenience
store shall be as permitted by the Commonwealth of Pennsylvania Department
of Labor and Industry, or any successor agency or entity, but shall
not intrude on any setbacks.
O.
No direct or sky-reflected glare, whether from spotlights, floodlights,
searchlights or other sources, shall be visible from adjoining streets
or adjacent lots when viewed by a person standing on ground level
or from floor level on an adjacent property.
P.
The use of lot as a convenience store shall not emit odorous fumes,
gases or other odorous matter in such quantities as to be offensive
at any point on or beyond the lot lines of such lot. The guide for
determining such quantities of offensive odors shall be the 50% response
level of Table 1 (Odor Thresholds in Air), "Research on Chemical Odors:
Part 1 - Odor Thresholds for 53 Commercial Chemicals," October 1968,
Manufacturing Chemicals Association, Inc.
Q.
Any activity producing intense heat which is conducted on a lot used
as a convenience store shall be performed within an enclosed building
or behind a solid fence in such manner as to be completely imperceptible
from any point on any other lot or property.
R.
Exterior lighting on any lot used as a convenience store shall be
properly shielded so as to not be directed towards, or shine onto,
other lots.
[Added 2-1-2006 by Ord. No. 2006-01]
In considering an application for conditional use approval for
the use of a lot as a pharmacy/drugstore, the plan shall meet the
following criteria:
A.
Unless otherwise set forth in this section, the regulations of the
district in which the lot is located shall govern.
B.
The building used as the pharmacy/drugstore shall contain no more
than 17,500 square feet of gross floor area.
C.
All ingress and egress from any lot upon which there is proposed
to be located a pharmacy/drugstore shall provide safe and convenient
travel.
D.
No outdoor display of products shall be permitted.
E.
All trash generated from a pharmacy/drugstore shall be stored in
a completely fenced-in or screened enclosure and may be so stored
for periods not to exceed seven days. Bins shall be subject to setbacks
in underlying districts.
F.
Parking on any lot used as a pharmacy/drugstore shall be provided as required by § 370-181B(9) of this chapter.
H.
The Board of Supervisors may require the applicant to submit a traffic
study illustrating the adequacy of existing or proposed roadways to
accommodate any increase in traffic from the proposed pharmacy/drugstore.
Any such traffic study shall be prepared in sufficient detail to determine
peak traffic volumes and roadway capacity and provide acceptable solutions
to traffic congestion.
I.
Except as provided herein, the use shall conform to all requirements of this chapter and Chapter 320, Subdivision and Land Development.
J.
No direct or sky-reflected glare, whether from spotlights, floodlights,
searchlights or other sources, shall be visible from adjoining streets
or adjacent lots when viewed by a person standing on ground level
or from floor level on an adjacent property.
K.
The use of a lot as a pharmacy/drugstore shall not emit odorous fumes,
gases or other odorous matter in such quantities as to be offensive
at any point on or beyond the lot lines of such lot. The guide for
determining such quantities of offensive odors shall be the 50% response
level of Table I (Odor Thresholds in Air), "Research on Chemical Odors:
Part 1 - Odor Thresholds for 53 Commercial Chemicals," October 1968,
Manufacturing Chemicals Association, Inc., Washington, DC.
L.
Exterior lighting on any lot used as a pharmacy/drugstore shall be
properly shielded so as to not be directed towards, or shine onto,
other lots.
[Added 2-1-2006 by Ord. No. 2006-01]
In considering an application for conditional use approval for
the use of one lot which contains a minimum of five acres for any
two uses permitted in the C Commercial Zoning District, the plan shall
meet the following criteria, in addition to the requirements for each
use:
A.
The applicant shall demonstrate to the satisfaction of the Board
of Supervisors that the two proposed uses are compatible in terms
of parking, delivery, access and internal circulation.
B.
Neither of the two uses may be changed without the prior conditional
use approval of the Board of Supervisors.
C.
The lot shall be owned by one property owner who shall grant perpetual
easements for parking, access, and internal circulation to all lessees
of the property. Such easements shall be approved by the Township
Solicitor and recorded prior to the issuance of a use and occupancy
certificate for either of the two proposed uses.
[Added 7-12-2006 by Ord. No. 2006-04]
Subject to review and approval under the provisions of this
chapter applicable to the grant of conditional uses, the maximum impervious
coverage on a lot may exceed that otherwise permitted pursuant to
the regulations applicable in the underlying zoning district as follows:
A.
For each one square foot of native and noninvasive hydric vegetative cover (or such plantings as may be permitted or required pursuant to § 320-34 of Chapter 320, Subdivision and Land Development, as amended) planted on, in, over or through an otherwise required above ground BMP on a lot, the maximum impervious coverage on that lot may be increased by one square foot of impervious coverage, provided that the maximum mitigated impervious coverage on a lot shall not exceed 2% above the lot's otherwise permitted maximum impervious coverage and, provided, further, that the owner of such lot shall provide for and implement continual maintenance of such native and noninvasive hydric vegetation (or such plantings as may be permitted or required pursuant to § 320-34 of Chapter 320, Subdivision and Land Development, as amended) planted on, in, over or through an otherwise required above ground BMP on the lot in the manner provided for the maintenance of BMPs set forth in Chapter 310, Stormwater Management, as amended.
[Added 6-6-2007 by Ord. No. 2007-03]
Notwithstanding §§ 370-77C and 370-84 herein to the contrary, in any district where a restaurant use is permitted, other than the Historic Site Overlay District, outdoor dining, utilized as an accessory use and for the purpose of furnishing food and beverages outside to the patrons of the restaurant, shall be permitted as a conditional use, upon compliance with and subject to the following additional regulations:
A.
Compliance with the parking requirement calculations of § 370-181B, which shall include a showing of strict compliance with the parking requirements as existing and as proposed with and dedicated for the outdoor dining.
B.
Compliance with the lighting requirements of § 370-130C and any subsequent and applicable lighting requirements adopted hereafter.
C.
The outdoor dining area may not exceed 750 square feet, shall contain
no more than 30 tables or 100 seats, whichever is less, and shall
only be accessible through the restaurant. No street or sidewalk access
to the outdoor dining area is permitted.
D.
A patio or deck area must exist or be constructed. In the event construction
of a patio or deck is required, same must comply with the applicable
standards and provisions of this chapter.
E.
The area used for outdoor dining must comply with the setback requirements
of the applicable district or use and must be separated from all parking
areas, driveways and abutting residential property by a fence, wall
or other suitable barrier approved by the Zoning Officer.
F.
No outdoor bars or other similar structures used for the service
of alcohol are permitted in the outdoor dining area. Prior to serving
food or beverages outdoors, the restaurant must obtain all necessary
permits from all governmental and municipal agencies having jurisdiction,
including but not limited to the Chester County Health Department.
G.
The area used for outdoor dining may not be used for live music or
outdoor entertainment with amplified sound equipment; in no event
shall any stereo or acoustic music noise emanate beyond the property
boundary line.
H.
No outdoor dining service shall be provided before 10:00 a.m. or
after 11:00 p.m.
I.
A restaurant with outdoor dining shall not be permitted to have drive-through
or curbside service.
J.
The area used for outdoor dining shall contain sufficient trash receptacles,
which shall be removed from the outdoor dining area at the end of
each day.
[Added 12-7-2011 by Ord. No. 2011-11]
No Class I or Class II historic resource may be demolished unless approved as a conditional use by the Board of Supervisors. Procedures and standards for acting on any application for such conditional use approval shall be as specified in Article IX of this chapter.
