[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, § 6;
by Ord. 2005-362, 12/15/2005; by Ord. 2010-403, 10/7/2010; and by
Ord. 2012-431, 8/2/2012, § 1]
The Township is divided into the zoning districts hereunder
and shown by the zoning district boundary lines on the Township Zoning
District Map.
|
R-1
|
Rural Residential District
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R-2
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Single-Family Residential District
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R-3
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Multifamily Residential District
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C-1
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Convenience Commercial District
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C-2
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Highway Commercial District
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C-3
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Regional Commercial District
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SU-1
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Special Use District
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SP-1
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Special Growth District
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BPK
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Business Park District
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I-L
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Light Industrial District
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PIC
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Planned Industrial/commercial District
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TLI
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Transitional Light Industrial
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MU
|
Mixed Use
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RMU
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Mixed Residential Use District
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[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-357, 2/3/2005,
§ 2; and by Ord. 2012-425, 1/3/2012, § 2]
[Ord. 96-267, 5/2/1996]
The boundaries of the zoning districts are shown upon the Zoning
District Map. The Township Zoning District Map and all the notations,
references and other information shown thereon are a part of this
chapter and have the same force and effect as if they were all fully
set forth or described herein. The original, properly attested Zoning
District Map shall be available for examination at the Township Office
and shall be reviewed annually and amended as deemed necessary by
the Supervisors.
[1]
Editor's Note: The Zoning District Map is on file in the Township
offices.
[Ord. 96-267, 5/2/1996]
The district boundaries on the Township Zoning District Map
are intended to follow property lines; center lines of roads, water
courses, or railroads; other identifiable physical features; or measured
distances from property lines, center lines, or identifiable physical
features. When the Zoning Officer cannot determine the location of
a zoning district boundary by reference to the Zoning District Map,
the Zoning Officer shall refuse action; and the Board shall interpret
the location of the district boundary with reference to the scale
of the Map, the Community Development Plan and the purposes set forth
in all relevant provisions of this chapter.
[Ord. 96-267, 5/2/1996]
The provisions of this part apply to all zoning districts and
all lots. Except when stated, all provisions of this part apply to
all uses.
[Ord. 96-267, 5/2/1996]
Accessory structures, residential driveways, sidewalks, patios
are permitted in yards in accordance with the yard requirements of
this chapter.
[Ord. 96-267, 5/2/1996]
Where a zoning district boundary splits a lot, resulting in
differing and nonuniform requirements for the lot, the following provisions
shall apply:
A.
Where the lot is large enough to be subdivided into two or more lots,
each within a single zoning district, no zoning approval will be given
for any authorized use which would utilize any portion of the lot
other than that portion of the lot in which the principal use is located.
Further development will require subdivision.
B.
Where a lot cannot be subdivided in compliance with this chapter and the Subdivision and Land Development Ordinance [Chapter 22], the authorized use permitted on the lot is limited to those authorized uses permitted in the zoning district in which the largest part of the lot is located, and the smaller part of the lot located in another zoning district will be subject to the provisions of this chapter where the largest portion of the lot is located. If this section creates an undue hardship, the Board has jurisdiction to grant such relief as the Board deems necessary.
[Ord. 96-267, 5/2/1996]
The maximum percentage of lot area or site area of a development
which may be disturbed, graded, and stripped of vegetation during
development and construction of the public and private improvements
with the exception of incidental grading for structure construction
is as follows:
A.
Residential Subdivision or Planned Residential Development.
(1)
If the slope category is 15% to 24.9% slope, 30% of the lot
area or site area.
(2)
If the slope category is greater than 25% slope, 15% of the
lot area or site area.
(3)
This restriction shall not apply if disturbance is for nonresidential
developments in planned residential developments or single-family
lot areas, but the restrictions shall apply to general development
site areas for residential uses, i.e., streets, stormwater retention
areas, utilities, etc.
B.
Nonresidential Development. If the slope category is greater than
40% slope 15% of the lot area or site area.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
On Any Site of a Nonresidential Use. No impervious surfaces, including
asphalt or concrete paved areas for parking, access driveways, pedestrian
access walkways and rock-lined stormwater detention facilities, shall
exceed 70% of the lot area or site area of the lot or parcel upon
which said improvements are installed. Wherever there are conflicting
standards in any specific zoning district requirements or express
standards and criteria for uses allowed by conditional use approval,
the zoning district or conditional use standards shall apply.
2.
Increased Impervious Surface Option. In any zoning district, if 50%
or more of the development site's linear frontage along a public street
is occupied by a front or side building facade on the required building
setback line, the maximum impervious surface permitted may be increased
by 10%.
[Amended by Ord. 2006-366, 3/2/2006, § 2]
A.
The maximum permitted increase in impervious surface is 10%, even
if a site has frontage along more than one public street.
[1]
Editor's Note: Former § 27-310, Nonresidential Development
Setback (Ord. 96-267), as amended by Ord. 99-293 and by Ord. 2001-317,
was repealed by Ord. 2006-371, 5/4/2006, § 1.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2001-317, 9/6/2001,
§ 2]
1.
All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground from the distribution line to a structure unless the distribution line is aboveground or the area is subject to the provisions of Chapter 8.
[Amended by Ord. No. 2018-485, 11/1/2018]
2.
All utility equipment shall be located in compliance with the required
yard setbacks for the district in which it is located.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-278, 6/5/1997,
§§ 4, 18; by Ord. 98-288, 3/26/1998, §§ 3,
4; by Ord. 2001-311, 3/1/2001, § 2; by Ord. 2003-343, 7/1/2003,
§ 2; and by Ord. 2005-362, 12/15/2005]
1.
All buildings and structures erected and all uses of land established
after the adoption of this chapter shall be provided with off-street
parking spaces as set forth in this chapter.
2.
The provisions of this section, except where there is a change of
use, shall not apply to any existing building or structure.
3.
Whenever a building or structure constructed before the effective
date of this section is changed or enlarged, in floor area, number
of employees, number of housing units, seating capacity or otherwise
to create a need for an increase in the number of parking spaces,
additional parking spaces shall be provided on the basis of the enlargement
or change. If a building or structure existing prior to the effective
date of this section is enlarged to the extent of 50% or more in floor
area or number of housing units it shall then and thereafter comply
with the full parking requirements set forth herein.
4.
Off-street parking facilities in existence on the effective date
of this section and located on the same lot as the building or use
served shall not hereafter be reduced below the requirements for a
similar new building or use under the provisions of this section.
5.
The following regulations shall govern the location of off-street
parking spaces and areas:
A.
Parking spaces for all detached residential uses shall be located
on the same lot as the use which they are intended to serve. Each
required off-street parking space shall have direct access to a public
right-of-way.
B.
Parking spaces for apartments, dormitories or similar residential
uses shall be located not more than 300 feet from the principal use.
C.
No parking space shall be located in any manner on a public street
right-of-way, except where specifically authorized.
6.
A parking space shall have minimum rectangular dimensions of not
less than nine feet in width and 18 feet in length, exclusive of driveways,
aisles, and other circulation areas.
[Amended by Ord. No. 2010-403, 10/7/2010]
7.
Driveways and traffic aisles serving individual parking spaces shall
be not less than 22 feet wide for ninety-degree parking, 12 feet wide
for parallel parking, 17 1/2 feet for sixty-degree parking and
13 feet for forty-five-degree parking. If parking spaces are indicated
by lines with angles other than 90°, then traffic lanes shall
be restricted to one-way, permitting head-in parking. No driveway
or street used for interior circulation shall have traffic lanes less
than 11 feet in width.
8.
Parking Lot Layout.[1]
A.
Sidewalks. In all parking lots, sidewalks shall be provided to allow
safe pedestrian movement.
(1)
The sidewalks shall provide safe access between buildings, parking
lots, adjacent properties, and sidewalks along streets.
(2)
Crosswalks. Where a sidewalk crosses a parking lot drive aisle
or other paved surface, it must be distinguished from the paved surface
through the use of special pavers, bricks, scored concreted, stamped
concrete, or a like alternative.
(3)
Width. Sidewalks and crosswalks shall be a minimum of six feet
wide.
(4)
Sidewalks shall be provided along the full length of a building
along any building facade adjacent to a parking area or drive aisle.
(5)
Sidewalks shall be constructed in accordance with the standards of Public and Private Improvements Code [Chapter 17].
(6)
Sidewalks internal to a parking lot may be constructed perpendicular to the parking bays, as illustrated in Drawing Z-3 found in 27 Attachment 9, or may be located within a planting median, as described in the Subdivision and Land Development Ordinance [Chapter 22].
[Amended by Ord. 2012-431, 8/2/2012]
(7)
Sidewalks that are perpendicular and directly adjacent to parking
spaces shall have parking blocks installed that reduce vehicle overhang
onto sidewalks.
[Added by Ord. No. 2018-480, 3/1/2018]
B.
Internal Streets. All off-street developments with greater than 200 parking spaces shall include an internal street system to facilitate pedestrian and vehicular circulation, creating an interconnected circulation network. The internal street shall be constructed in accordance with the Public and Private Improvements Code [Chapter 17].
[Amended by Ord. 2006-371, 5/4/2006, § 2]
(1)
Where an internal street is adjacent to a front building facade,
the required street trees shall be located within tree grates, separated
from the building by the required sidewalk.
(2)
Internal streets shall be designed to stub into adjacent properties,
where practical, within the necessary easements as described by the
interconnected parking requirements of this Section.
[Added by Ord. 2006-369, 4/5/2006, § 1]
C.
Large Lots. When a parking lot includes more than 200 parking spaces, the lot shall be broken into parking areas of no more than 100 vehicles. The parking areas shall be bounded by a street, building, planting median (as described in the Subdivision and Land Development Ordinance, [Chapter 22]) or internal street.
E.
Interconnected Parking. Parking areas shall be designed to allow
for logical interconnections to abutting properties. All parking areas
located within 50 feet of a common property line in a nonresidential
zoning district shall be interconnected to adjacent lots in a nonresidential
zoning district, consistent with the following requirements:
(1)
For each nonresidential use, the applicant must provide an access
easement for proposed parking areas and driveways guaranteeing access
to all abutting lots that are within a nonresidential zoning district
where such easements enhance traffic circulation and connectivity.
In addition, this easement shall provide for the construction of the
interconnection between the development's proposed parking area and
any parking area on adjacent lots.
(2)
When an access easement has been provided on an adjacent lot
in accordance with this section, the development must directly connect
the parking areas via a driveway or street.
[Amended by Ord. 2006-366, 3/2/2006, § 3]
(3)
Access easements shall logically connect to internal streets,
where practicable.
(4)
Access easements and maintenance agreements or other suitable
legal mechanism shall be provided for common parking areas or driveways
of each nonresidential use, in a form acceptable to the Township.
[1]
Editor's Note: Drawing Z-3, Parking Lot Layout Examples, is included as an attachment to this chapter.
9.
Common Shared Parking Lots. Common shared parking lots are preferred
and encouraged. The required off-street parking spaces for two or
more uses may be provided collectively on one lot if the total number
of spaces is not less than the sum of the spaces required for each
use individually.
A.
The developer shall provide a reciprocal parking and access easement
agreement between the owners and operators of the facilities generating
the need for common shared parking lots.
B.
Any modification to the required number of parking spaces shall be
supported by a parking needs analysis documenting anticipated parking
needs based on the combined utilization of all facilities on site
simultaneously or demonstrating that the hours or days of peak parking
needed for the uses are so different that a lower total will adequately
provide for all uses served by the facility. The parking needs analysis
shall be prepared by a person or firm trained or certified to perform
such studies.
10.
The required off-street parking spaces for any number of separate
buildings, structures or uses may be provided collectively on one
lot, provided that the total number of such spaces shall not be less
than the sum of the requirements for the various individual buildings,
structures or uses computed separately in accordance with this section.
On development sites where a combination of large-scale assembly uses
requiring parking for 2,000 vehicles or more, including at least one
commercial recreation use, are permitted, parking requirements may
be met for each use through a reciprocal parking and access easement
agreement between the owners and operators of the facilities generating
the need for such parking. In such cases, at the Supervisors' discretion,
each facility shall provide on site a minimum of 50% of the required
number of off street parking spaces determined at peak utilization
for each use. A parking needs analysis shall be submitted to the Township
which documents anticipated parking needs based on the combined utilization
of all facilities on site simultaneously. Said analysis shall be prepared
by a person or firm trained or certified to perform such studies.
11.
When two or more uses are located within the same building or structure,
off-street parking spaces equal in number to the sum of the separate
requirements for each use shall be provided.
12.
All off-street parking lots required by this section shall be used
only for the parking of vehicles of occupants, patrons, visitors,
or employees and shall not be used for any kind of loading, sales,
servicing or continuous storage of a vehicle for more than 48 hours.
13.
Every parcel of land hereafter used as a public or private off-street
parking lot capable of accommodating five or more vehicles shall be
developed and maintained in accordance with the following requirements:
A.
Each off-street parking space shall have direct access to an aisle
or driveway, and all off-street parking lots shall have vehicular
access to a street so designed to minimize interference with pedestrian
and traffic movement.
B.
All off-street parking lots including loading areas and service areas,
shall be paved with asphalt or concrete.
(1)
All off-street parking lots, including loading areas, service areas,
and driveways, shall be curbed. All curbing shall be six-inch vertical
concrete curbing constructed in accordance with the standards of the
Public and Private Improvements Code (PPIC).
[Added by Ord. 2010-403, 10/7/2010]
14.
For the purpose of this section, the following minimum off-street
parking space requirements shall apply:
[Amended by Ord. 2006-366, 3/2/2006, § 3; by Ord.
2010-403, 10/7/2010; and by Ord. 2011-411, 3/3/2011, § 2;
and by and by Ord. 2014-448, 10/2/2014]
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Off-Street Parking Requirements
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|---|---|
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Type of Use
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Minimum Off-Street Parking Requirements
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Agricultural Uses
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Agricultural activities
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None except 1 per 200 square feet of gross leasable area of
building used for sale of products produced on the premises
|
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Cemetery/crematorium
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1 per full-time employee and 0.25 per seat of chapel or assembly
room capacity
|
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Farm equipment sales, rental and service: agricultural sales
and service
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1 per each 300 square feet of gross floor area, plus 1 per each
5,000 square feet of outdoor display area
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Logging
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None
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Riding academy
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1 per each 2 horse stalls
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Residential Uses
| |
|
Continuing care facility
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1 per dwelling unit, plus 1 per 2 staff positions
|
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Group home
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1 per 4 beds, plus 1 per staff position on peak shift
|
|
Intermediate-care facility, personal-care home, and skilled
nursing facility
|
1 per 4 beds, plus 1 per 2 staff positions on peak shift
|
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Multiple-family dwelling
|
1.75 per dwelling unit having 2 bedrooms or less; 2 per dwelling
unit having more than 2 bedrooms
|
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All other residential uses
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2 per dwelling unit
|
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Nonresidential Uses
| |
|
Amusement arcade
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1 per 200 square feet of GLA, plus 1 per each 2 amusement devices
|
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Amusement park
|
1 per 200 square feet of GFA plus 1 per every 3 persons that
the outdoor facilities are designed to accommodate when used to maximum
capacity
|
|
Arena
|
1 per each 3.5 seats plus 1 per each 2 employees on peak shift
|
|
Assembly halls
|
1 per each 3 seats
|
|
Automotive repair
|
3 per repair bay, not to exceed 5 per repair bay
|
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Automotive fueling stations
|
6 for customers, plus 1 per each employee
|
|
Bed-and-breakfast
|
1 per guest room plus 2
|
|
Bowling alleys
|
4 per each bowling lane
|
|
Bulk fuel storage
|
1 per employee on peak shift plus
|
|
Clubs, bars and taverns
|
1 per each 100 square feet of GFA
|
|
Commercial and private recreation; indoor recreation and instructional
facilities
[Amended by Ord. 2013-438, 9/5/2013] |
1 for each 2 potential customers calculated at maximum utilization,
plus 1 per employee
|
|
Community center
|
1 per 250 square feet of GFA
|
|
Contractor's yard
|
1 per 1,000 square feet of GFA and outdoor storage area
|
|
Convention and/or exposition center
|
1 per each 3.5 seats in areas with fixed seating plus 1 per
each 100 square feet of assembly or display space without fixed seats
plus 1 per each 2 employees on peak shift
|
|
Day-care center
|
1 per teacher, administrator or other employee on peak shift,
plus 1 per 6 persons based on regulated capacity
|
|
Drive-in establishment unless otherwise provided
|
1 per employee on peak shift plus 8 reservoir stacking spaces
for the first drive-in window and 5 reservoir stacking spaces for
each additional window
|
|
Dry-cleaning plant serving more than 1 outlet
|
3 plus 1 for each 500 square feet of GFA in excess of 1,000
square feet of GFA
|
|
Education institutions - nursery school, elementary school,
junior high, or middle school
|
3 per room used for administrative offices or class instruction,
or 1 for each 4 seats in places of assembly or facilities available
to the public, whichever is greater
|
|
Educational institutions - high school
|
3 per room used for administrative offices or class instruction,
plus 1 for each 4 students, or 1 for each 4 seats in places of assembly
available to the public, whichever is greater
|
|
Education institutions - dance or martial arts school
|
1 per 200 square feet of GLA
|
|
Educational institution - trade school, college or university
|
1 per each 4 students based on design capacity of building
|
|
Emergency services, private
|
1 per emergency vehicle plus 1 per employee
|
|
Financial institution, including drive-in banks
|
1 per each 200 square feet of GFA, plus 5 reservoir spaces per
drive-up teller window
|
|
Fuel generation plant
|
1 per employee on peak shift but not less than 4
|
|
Greenhouses, retail
|
1.5 per each 1,000 square feet of GFA
|
|
Golf course
|
4 per green, plus 50% of the requirements for any other associated
use except those which have otherwise adequate provisions for parking,
as determined by the Supervisors
|
|
Heavy equipment sales, rental, and service
|
1 per each 400 square feet of GFA of sales and office space,
plus 1 per each 1,000 square feet of storage and warehouse space,
plus 1 per each 5,000 square feet of outdoor equipment storage and
display area
|
|
Hospitals, medical centers and other treatment facilities
|
1.75 per each bed, plus 1 per each 175 square feet of office,
clinic, and research space, plus 1 per each 4 seats for teaching facilities
|
|
Kennel
|
1 per each 400 square feet of GFA, but not less than 4
|
|
Large retail, small retail, shopping centers
|
Less than 50,000 square feet: minimum 5 spaces per 1,000 square
feet of GFA; between 50,000 and 300,000 square feet: minimum 4.5 spaces
per 1,000 square feet GFA; more than 300,000 square feet: minimum
4 spaces per 1,000 square feet GFA
In addition; outdoor/exterior display areas shall be calculated
at 1 per 400 square feet GFA of display area
|
|
Libraries, art galleries and museums
|
1 per each 600 square feet open to the public
|
|
Machine and repair shop for common small appliances
|
1 per 400 square feet of GFA
|
|
Manufacturing, light and other light industry
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Manufacturing, heavy and other heavy industry
|
1 per each 1,250 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Mini-warehouse
|
1 per 100 storage units plus 3 for management staff. These spaces
shall be in addition to the required parking lane.
|
|
Mortuary
|
1 per 6 chapel or parlor seats
|
|
Motel, hotel, transient mobile home camps, and camping facility
|
1 per each sleeping room or campsite, plus additional spaces
as required by other functions, i.e., bar, restaurant, etc.
|
|
Nightclub
|
1 per 65 square feet of GFA
|
|
An office for such businesses as insurance, utilities, stenographic
service, employment service, real estate, post office, and sales as
those by a manufacturer’s representative
|
1 per each 350 square feet of GFA
|
|
An office of a professional such as legal, medical, dental,
engineering and surveying, architectural and stock brokerage firms,
securities and investment firms
|
1 per each 175 square feet of GFA
|
|
Photographic studios, business or personal
|
1 per each 300 square feet of GFA
|
|
Printing and publishing
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Public recreation and municipal buildings
|
As determined by the Supervisors following a parking needs analysis
|
|
Public utility facilities
|
1 per each 350 square of GFA of office use and 1 per each 1,000
square feet of GFA per other use
|
|
Radio or television broadcasting studio and recording studio
|
1 per each 400 square feet of GFA
|
|
Recycling collection facility, large and small
|
Sufficient spaces to accommodate peak load of customers and
1 per commercial vehicle operated by the facility
|
|
Religious establishment
|
Sufficient spaces to accommodate peak load based on a parking
needs analysis, but not less than 1 per each 3.5 seats in places of
assembly
|
|
Research and development, which contains no manufacturing, assembly,
warehousing, testing, storage and transfer
|
1 per 350 square feet of GFA
|
|
Research and development, which contains manufacturing, assembly,
warehousing, testing, storage, and transfer
|
1.1 per employee on peak shift
|
|
Restaurants, drive-thru
|
1 per each 75 square feet of GFA, plus 1 per each 2 employees
|
|
Restaurants, other than drive-thru
|
1 per 65 square feet of GFA
|
|
Retail, including, bakery sales, low-intensity limited neighborhood
commercial, limited neighborhood commercial, laundromat and dry-cleaning
facility (for individual use), personal services, and sport sales
and services
|
1 per each 200 square feet of GFA
|
|
Showroom/warehouse sales, carpet, furniture, building supplies
|
1 per each 400 square feet of sales and office space, plus 1
per each 1,000 square feet of storage and warehouse space
|
|
Solid waste disposal site/incinerator
|
As determined by the Supervisors based on a parking needs analysis
|
|
Transportation service
|
1 per employee on peak shift plus 1 per each service vehicle
stored on the site
|
|
Trucking terminals, freight terminals, and truck dispatch offices
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Vehicle sales, rental, and service
|
1 per each 700 square feet of GFA, plus 1 per each 400 square
feet of office, sales, and other space to be used by customers and
sales staff
|
|
Vehicle washing facilities
|
1 per each employee, plus reservoir space for 6 times each bay
|
|
Veterinary
|
1 per each 250 square feet of GFA
|
|
Warehousing, storage, and transfer
|
1 per each 1,000 square feet of GFA, plus 1 per each 350 square
feet of office and sales space
|
|
Waste transfer facilities
|
As determined by the Supervisors based on a parking needs analysis
|
|
Wireless communications facility located outside the right-of-way
|
2 per tower or 1 space per employee, whichever is greater
|
15.
Accessible Parking Requirements. Accessible parking spaces for the
physically challenged shall be provided for multiple-family and nonresidential
uses as follows:
A.
Minimum Number of Spaces.
(1)
The minimum number of required accessible parking spaces shall
be as follows:
|
Total Parking Spaces in Lot
|
Minimum Accessible Spaces
|
|---|---|
|
1-25
|
1
|
|
26-50
|
2
|
|
51-75
|
3
|
|
76-100
|
4
|
|
101-150
|
5
|
|
151-200
|
6
|
|
201-300
|
7
|
|
301-400
|
8
|
|
401-500
|
9
|
|
501-1,000
|
2% of total
|
|
Over 1,000
|
20, plus 1 per 100 over 1,000
|
(2)
A minimum of 25% of the required accessible parking spaces shall
be van accessible. The minimum number of van accessible parking spaces
shall be one.
B.
Design. Design of accessible spaces shall be completed in accordance
with the Americans with Disabilities Act Architectural Guidelines
and include the following:
(1)
Accessible parking spaces serving a particular building shall
be located on the shortest accessible route of travel from adjacent
parking to an accessible structure. In parking facilities not serving
a particular structure, accessible parking shall be located on the
shortest accessible route of travel to an accessible pedestrian entrance
of the parking facility.
(2)
Accessible parking spaces shall be at least eight feet wide.
(3)
One parking access aisle of no less than five feet in width
shall be provided for each accessible parking space and shall be a
part of the accessible route of no less than three feet in width to
the building or facility entrance. A parking access aisle may be shared
between two accessible parking spaces. Access aisles shall be clearly
designated and identifiable by line painting, curbing, and other similar
means.
(4)
Van accessible parking spaces shall be at least eight feet wide
with an access aisle of no less than eight feet in width.
(5)
Parking spaces and access aisles shall be level, with surface
slopes not exceeding 2% in all directions.
(6)
Accessible parking spaces shall be designated as reserved by
a sign showing the symbol of accessibility. Such signs shall be located
so as not to be obscured by a vehicle parked in the space.
16.
Parking Structure Standards.
A.
Maximum grade of parking floors: 6%.
B.
Maximum grade of ramps: covered, 15%; uncovered, 12%.
C.
Minimum elevators on multilevel facilities: one for each 250 parking
spaces.
D.
Number and location of ingress/egress lanes: to be determined by
the Supervisors based upon a traffic analysis.
E.
Minimum ramp and aisle width and other design requirements: Same
as for other parking lots.
[Ord. 96-267, 5/2/1996]
The sound pressure level of sound radiated from an establishment,
measured at the lot line of the site thereof, shall not exceed the
values in any octave band of frequency that are specified in Table
1 or in Table 1 as modified by the correction factors set forth in
Table 2. The sound pressure level shall be measured with a sound level
meter and an associated octave band analyzer conforming to standards
prescribed by the American Standards Association.
|
Table 1
Maximum Permissible Sound Pressure Levels
Measured re 0.0002 dyne per CM2
| |
|---|---|
|
Frequency Band: Cycles per Second
|
Decibels
|
|
20-75
|
74
|
|
75-150
|
62
|
|
150-300
|
57
|
|
300-600
|
51
|
|
600-1,200
|
47
|
|
1,200-2,400
|
42
|
|
2,488-4,800
|
38
|
|
4,800-10,000
|
35
|
|
Table 2
Correction Factors
| |
|---|---|
|
Condition
|
Correction in Decibels
|
|
On a site contiguous to or across a street from the boundary
of any R District
|
Minus 5
|
|
Operation between the hours of 10:00 p.m. and 7:00 a.m.
|
Minus 5
|
|
Sound of impulsive character (e.g., hammering)
|
Minus 5
|
|
Sound of periodic character (e.g., hum or screech)
|
Minus 5
|
|
Sound source operated less than 20% in any 1-hour period
|
Plus 5*
|
|
Sound source operated less than 5% in any 1-hour period
|
Plus 10*
|
|
Sound source operated less than 1% in any 1-hour period
|
Plus 15*
|
|
* Note: Apply only one of these corrections.
|
[Ord. 96-267, 5/2/1996]
1.
Vibration. No vibration at any time shall produce an acceleration
of more than 1/10 g or shall result in any combination of amplitudes
and frequencies on any structure beyond the safe range of Table 7,
United States Bureau of Mines Bulletin No. 442, entitled "Seismic
Effects of Quarry Blasting." The methods and equations of said Bulletin
No. 442 shall be used to compute all values for the enforcement of
this subsection.
2.
Glare. There shall be no direct or sky-reflected glare, whether from
floodlights or from high-temperature processes (for example, combustion
or welding), so as to be visible from within any R District.
[Ord. 96-267, 5/2/1996]
All traffic circulation including ingress and egress to any
use shall comply with the Official Map. No zoning approval shall be
issued nor conditional use nor use by special exception be approved
for any traffic circulation which does not comply with the Official
Map or for any building within the lines of any street, watercourse
or public ground shown or laid out on the Official Map except as follows:
B.
The Supervisors have failed to acquire the property or begin condemnation
proceedings to acquire the property before the end of one year after
the owner of the property has submitted a written notice to the Supervisors
announcing his intentions to build, subdivide or otherwise develop
the land covered by the reservation, or has made formal application
for an official approval to build a structure for private use.
[Ord. 96-267, 5/2/1996]
No applicant shall permit on the permitted premises any activity
or conduct in violation of any municipal, state, or federal laws or
duly enacted ordinances or regulations.
[Ord. 96-267, 5/2/1996; as amended by Ord. 99-293, 4/1/1999,
§ 10; by Ord. 99-300, 11/23/1999, §§ 2, 3;
by Ord. 2001-317, 9/6/2001, § 4; by Ord. 2004-351, 6/3/2004,
§ 3; by Ord. 2005-362, 12/15/2005; by Ord. 2006-366, 3/2/2006,
§ 4; by Ord. 2012-431, 8/2/2012, § 3; by Ord.
2013-438, 9/5/2013; and by Ord. No.
2023-512, 8/3/2023]
2.
Public Streets No-Pave Setback.
A.
Twenty-Five-Foot No-Pave Setback. Multiple-family and nonresidential off-street parking along public streets shall not be located within 25 feet of the adjoining road right-of-way, except as may be modified in § 27-506, Community Character Development (CCD) Overlay Districts.
(1)
No portion of the twenty-five-foot setback shall be paved for any reason except for access drives and internal streets that are perpendicular to the setback area, sidewalks, bikeways, and Streetscape Enhancement Overlay amenities as required by § 27-324 and the Streetscape Enhancement Overlay Design Manual, Exhibit A.[1] See attachments Z-12 through Z-12 in this chapter for
more detail.
[1]
Editor's Note: Exhibit A, General Manual of Written and
Graphic Design Guidelines - Streetscape Enhancement Overlay District,
is included in the online version of the Code of Ordinances of the
Township of Cranberry (eCode360®).
Exhibit A is also on file in the Township offices.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, § 7;
by Ord. 98-288, 3/26/1998, § 5; by Ord. 99-293, 4/1/1999,
§ 10; by Ord. 99-300, 11/23/1999, § 4; by Ord.
2006-366, 3/2/2006; by Ord. 2010-403, 10/7/2010; by Ord. 2013-438,
9/5/2013; and by Ord. 2017-471, 6/29/2017]
1.
The following lighting components are herein regulated: streetlights
for private and public streets, parking lot, building-mounted, pedestrian-oriented,
architectural lights and site lighting, except for public recreation
buildings.
[Amended by Ord. No. 2022-505, 1/27/2022]
2.
All exterior parking lots, driveways, interior streets, pedestrian
areas, sidewalks and loading areas shall be sufficiently illuminated
to provide safe movement on the site.
3.
Conditions Under Which Light Fixtures Are Regulated.
A.
Streetlighting.
(1)
Private Streets.
(a)
Private street lighting shall be designed as context-sensitive
"lantern-style" fixtures when required by the Streetscape Enhancement
Ordinance, Community Character Districts (CCD) Ordinance or the Planned
Residential District Ordinance and shall have fixtures where the source
of illumination is a top-down diode that is concealed within the housing
of the light fixture. Refer to the Design Guidelines in Exhibit A
or B as specified.
(b)
Private street light fixtures that are not required to be context-sensitive may be installed as listed in Subsection 3A(1)(a) above; however, all other types of light fixtures shall be equipped with lenses that are flat and installed parallel to the ground.
(c)
Streetlights shall be installed and maintained at an average
interval of 105 feet along arterial roads and at an average interval
of 90 feet along all other roads.
(d)
Streetlights installed integral with sidewalks shall be installed
flush with the paved surface.
(2)
Public Streets. (None of the requirements herein regulate any
poles, fixtures or lights that are directly associated with signalized
intersections.)
(a)
Public streetlighting shall be designed as context-sensitive
"lantern-style" fixtures when required by the Streetscape Enhancement
Ordinance, Community Character Districts (CCD) Ordinance or the Planned
Residential Development Ordinance and shall have fixtures where the
source of illumination is a top-down diode that is concealed within
the housing of the light fixture. Refer to the Design Guidelines in
Exhibit A or B as specified.
(b)
Streetlights shall be installed and maintained at an average
interval of 105 feet along arterial roads and at an average interval
of 90 feet along all other roads.
(c)
Streetlights installed integral with sidewalks shall be installed
flush with the paved surface.
B.
Parking Lot Lighting.
(1)
Parking lot lights shall be designed as such that the source
of illumination is concealed within the housing of the light fixture.
(2)
All parking lot light fixtures shall be equipped with lenses
that are flat and installed parallel to the ground.
(3)
Lighting shall not be via floodlight nor spotlight, nor any
fixture that does not direct light downward.
(4)
Parking lot lights may be attached to poles, buildings or other
structures but shall always be installed with flat lenses that are
installed parallel to the ground.
C.
Pedestrian-Oriented Lighting (Not in Parking Lots).
(1)
Pedestrian-oriented lights on poles shall be designed as such
that the source of illumination is concealed within the housing of
the light fixture.
(2)
Pedestrian-oriented lighting shall not be via floodlight nor
spotlight.
(3)
Pedestrian-oriented lighting may be achieved by exposed light
bulb strings or similar fixtures. Such fixtures are intended for the
lighting of pedestrian-oriented areas and not for placement on building
facades or features which are restricted in the "Architectural Lighting"
section.
D.
Building-Mounted Lighting (Includes Lighting for Gas Station Canopies
and Other Surface-Mounted Light Fixtures).
(1)
Building-mounted lights shall be designed as such that the source
of illumination is concealed within the housing of the light fixture.
(2)
All building-mounted light fixtures shall be equipped with lenses
that are flat and installed parallel to the ground. Building lighting
shall not be via floodlight nor spotlight, nor any fixture that does
not direct light downward. Note: Exceptions may be made by the Township
for emergency lighting that is required by the Building Code for illumination
during emergencies or power outages.
E.
Architectural Lighting.
(1)
Architectural lighting is intended to allow building owners
to highlight architectural features.
(2)
Architectural lighting shall not allow the source of light to
be viewed from any property line.
(3)
Architectural lighting may be allowed to have colors or shades
that change; however, changes shall not be rapid or flashing.
(4)
Lighting in strips or strings of bulbs/diodes and exposed neon
tubes that are affixed to buildings or other appurtenances are not
allowed.
F.
Site Lighting.
[Added by Ord. No. 2022-505, 1/27/2022]
(1)
Site lighting includes the lighting of site areas other than what
is listed above under certain conditions as regulated herein.
(2)
Site lighting fixtures shall be installed and maintained parallel
to the ground.
(3)
Site lighting shall be installed using "fully shielded luminaires"
wherein the light fixture lens is not below the light fixture housing
nor exposed to view from any property line of the site to which it
belongs.
(4)
Applicants shall demonstrate that any proposed site lighting will
not adversely affect any adjacent residential uses (existing or approved).
4.
Types of Illumination Source Required.
5.
Allowable Lighting Dispersal (Footcandles Allowed at Property Line).
6.
Correlated Color Temperature (CCT) (for LED-Style Light Fixtures
Only).
7.
Light Output Limits.
A.
Wattage output for private street lights shall be 75-watt maximum.
(All streetlights shall use a wattage selector.)
B.
Wattage output for public street lights shall be 75-watt maximum.
(All streetlights shall use a wattage selector.)
C.
Parking lot lights: not limited.
D.
Pedestrian-oriented lighting: not limited.
E.
Building-mounted lighting: not limited.
F.
Architectural lighting: not limited.
G.
Site lighting: Applicants shall demonstrate the minimum and maximum
wattage for the proposed use.
[Added by Ord. No. 2022-505, 1/27/2022]
8.
Allowable Height of Light Fixtures (Height Is Measured from Adjacent
Grade to the Highest Point of the Light Fixture).
A.
Streetlights: 13 feet minimum to 20 feet maximum. (Pedestrian-oriented
settings are encouraged to have lights installed at lower heights
within the allowable range.)
B.
Parking lot lights: 35 feet maximum from the grade surrounding the
base.
[Amended by Ord. No. 2022-505, 1/27/2022]
C.
Pedestrian-oriented pole lighting: 13 feet maximum from adjacent
grade. Strings of lights for pedestrian-oriented purposes are not
limited in height.
D.
Building-mounted lighting: not limited.
E.
Architectural lighting: not limited.
F.
Site lighting: 50 feet maximum from the grade surrounding the base.
[Added by Ord. No. 2022-505, 1/27/2022]
9.
Light Pole Colors.
A.
Pole color for any private or public street lights regulated by the
Streetscape Enhancement Ordinance, Community Character District Ordinance
or the Planned Residential Development Ordinance shall be RAL 3005
with clear protective coating required.
B.
Pole or fixture color for all other areas is not regulated unless
specified in the approved land development plans.
10.
Light Pole Foundations.
A.
Foundation color for any exposed private or public streetlight foundations
regulated by the Streetscape Enhancement Ordinance, Community Character
District Ordinance or the Planned Residential Development Ordinance
shall be integrally colored RAL 3005.
B.
Foundation color for all other lights is not regulated.
C.
Street and pedestrian light pole foundations shall not exceed 10
inches of exposed concrete above-grade. Streetlights installed integral
with sidewalks shall be installed flush with the paved surface.
D.
Parking lot light pole foundations are not regulated for height nor
color.
E.
Site lighting light pole foundations are not regulated for height
nor color.
[Added by Ord. No. 2022-505, 1/27/2022]
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-278, 6/5/1997,
§§ 5 and 6; by Ord. 99-293, 4/1/1999, § 10;
and by Ord. 2001-317, 9/6/2001, § 5]
1.
Loading and Servicing.
[Amended by Ord. 2006-369, 4/5/2006, § 2; and by Ord. No. 2023-512, 8/3/2023]
A.
Location. Areas provided for loading and unloading of delivery trucks
and other vehicles and for the servicing of businesses by refuse collections,
fuel and other service vehicles shall be located at the side or rear
of all buildings, and shall not face a street, a residential zoning
district, a residential use, a Planned Residential Development, a
Planned Neighborhood Development, nor a Community Character Development
District. Loading areas shall be adequate in size and shall be so
arranged that they may be used without blockage or interference with
the use of accessways or automobile parking facilities. This restriction
is not applicable to I-79 or the Pennsylvania Turnpike.
B.
Loading
docks must be of sufficient size to accommodate normal peak load requirements.
C.
Service bays and garage doors used to service all uses like, but
not limited to, automotive type uses, warehouse type uses, manufacturing,
industrial, and similar types of uses shall not face any public street,
a residential zoning district. a residential use, a Planned Residential
Development, a Planned Neighborhood Development, nor a Community Character
Development District.
D.
If the loading and servicing requirements above prohibit all possible
locations of service bays and garage doors on an otherwise permitted
building, the Township shall determine the least detrimental impact
to the surrounding context.
E.
Where
there are multiple uses within a development, shared loading areas
shall be used among as many uses as practical.
2.
Interior Circulation. The interior circulation of traffic in commercial
and industrial areas shall be designated so that no driveway or access
lane providing parking spaces shall be used as a through street.
3.
Emergency Access. The applicant shall demonstrate to the satisfaction
of the Township that all buildings shown on a site development plan
can be adequately accessed by emergency fire-fighting vehicles and
other emergency equipment.
4.
Traffic Control. No design shall be approved which is likely to create
substantial traffic hazards endangering the public safety, nor which
is inconsistent with the recommendations and findings of any officially
adopted Township traffic study. Traffic control devices may include
traffic signals, overhead flashing lights and delineators, such as
medial barriers, and not be limited to acceleration and deceleration
lanes, turning lanes, one-way traffic flow, traffic and lane markings
and signs. The plan for traffic control shall provide off-site traffic
flow and safety. The developer shall be responsible for the construction
of any such traffic control devices.
[Amended by Ord. 2005-362, 12/15/2005]
5.
Trash Pickup. Receptacles or compactors for trash, refuse, recyclables,
and the like, located on a nonresidential lot or parcel in a nonresidential
zoning district that are contiguous, abutting, or adjacent to residential
zoned property shall not be accessed for pickup, delivery, or removal
between the hours of 10:00 p.m. and 6:00 a.m.
[Amended Ord. 2006-369, 4/5/2006, § 2]
[Added by Ord. 2004-351, 6/3/2004, § 4; as amended
by Ord. 2005-362, 12/15/2005; by Ord. 2010-403 10/7/2010; and by Ord. No. 2023-512, 8/3/2023]
All stormwater detention basins shall be designed and constructed
in accordance with the code. Furthermore, stormwater detention basins
shall meet the following requirements:
A.
Setbacks.
(1)
Setback from Adjacent Properties. Stormwater detention basins
shall be set back a minimum of 20 feet from all lot lines.
(2)
Setback from Structures. Stormwater detention basins shall be
set back a minimum of 30 feet from all existing and proposed structures
including porches, decks and other similar structures.
(3)
The setback distance shall be measured landward from the maximum
100-year stormwater surface elevation of the basin during a 100-year
storm.
B.
Basins Along Streets and Within Buffer Areas. Except for underground
basins, any basin located closer than 50 feet to a street right-of-way
or within a required buffer yard or landscaping strip shall be designed
as a wet basin or as a naturalized basin. For Planned Residential
Developments reference § 27-903.7.B(2).
C.
Landscaping. All stormwater detention basins shall be landscaped
in accordance with the guidelines outlined in the latest edition of
the Pennsylvania Stormwater Best Management Practices Manual as published
by the Pennsylvania Department of Environmental Protection.
[Added by Ord. 2004-352, 7/1/2004, § 2; and by
Ord. 2005-362, 12/15/2005]
1.
Purpose. In expansion of the general purposes contained in Part 1, § 27-103 of this chapter, it is hereby declared to be the primary purpose of this section to establish reasonable standards to regulate timber harvesting operations within the Township. Specific objectives are as follows:
A.
Preserve environmental and economic benefits associated with proper
forest management.
B.
Promote proper forest stewardship.
C.
Protect the rights of adjoining property owners.
D.
Minimize the potential for adverse environmental impacts associated
with any timber harvesting operation.
E.
Avoid unreasonable and unnecessary restrictions on the right of property
owners to harvest timber, which activity is a permitted use in all
zoning districts.
2.
Permit Required.
A.
When a property owner wishes to conduct or permit to be conducted
a timber harvesting operation on his property, such owner shall obtain
a timber harvesting permit from the Township.
B.
A timber harvesting permit shall not be required, and this part shall
not apply to the following:
(1)
Work performed on clearing subdivision roads and rights-of-way
approved by the Township.
(2)
Work performed in accordance with a land development plan approved
by the Township Board of Supervisors.
(3)
Individual lots affected by the timber harvesting operation
of less than two acres in size, provided that the entire timber harvesting
operation does not exceed a total of two acres.
C.
The Township shall be notified in writing before any timber harvesting
operation begins so that the Township may determine if other Township
permits or approvals are required for the particular operation, the
Township shall be notified at the following times:
3.
Submission Requirements for Permit Application. A timber harvesting
application shall be filed with the Township and shall contain the
following:
A.
A narrative containing the following information:
(1)
Purpose of the proposed operation.
(2)
Total land area involved in the proposed timber harvesting operation.
(3)
Total number of trees selected for harvesting.
(4)
Reforestation narrative outlining the re-vegetation of the landing
area, skid trails and harvest area.
(5)
A chart indicating the quantity of trees, the ranges (DBH) and
species of the trees selected for harvesting.
(6)
Stormwater control measures to be used.
(7)
Stream crossings and wetland protection measures to be used.
(8)
A statement confirming that each tree to be removed has been
designated by the consulting or state forester with paint or other
distinctive means at two points so as to be readily visible by the
logger. One point shall be low enough on the tree so as to be visible
on the stump after the tree is removed.
B.
A legibly drawn site plan containing the following information and
drawn to the following specifications:
(1)
Be drawn to a scale not to exceed one inch equals 100 feet.
(2)
Be drawn on a sheet size not to exceed 24 x 36 inches. A copy
of the site plan shall also be provided in digital format (.DWG or
.DXF format on CD-ROM)
(3)
Be prepared in accordance with standard architectural and engineering
practices.
(4)
Be sealed by engineer(s) and/or surveyor(s) of record.
(5)
The name(s) and address(es) of the landowner and adjacent property
owners.
(6)
Contain a vicinity map, which shows the property(s) proposed
for timber harvesting as shown on a current Township map. The vicinity
map shall identify all adjacent properties and the name of property
owners surrounding the proposed timber harvesting operation.
(7)
The boundary of the site to be timber harvested as indicated
by a heavy line with length of course in feet.
(8)
The location and names of streets and roads adjacent to the
proposed timber harvesting operation.
(9)
Utility rights-of-way and/or easements.
(10)
Existing watercourses, floodplains, woodlands and wetlands.
(11)
The required fifty-foot buffer along any harvesting area, landing
area, public road, and adjacent property.
(12)
Topography of the property, including all slopes of 25% or greater
and slide-prone soil areas.
(13)
Earth disturbance locations, including skid trails and landing
areas.
C.
A narrative, including a copy of all commonwealth permits, indicating
that the logging operator shall address and comply with the requirements
of all applicable commonwealth laws and regulations including, but
not limited to the following:
(1)
Erosion and Sedimentation Control Regulations, 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to the Clean Streams Law;
Subsection .4 timber harvesting operation regulations. Any timber
harvesting operation shall meet the following requirements:
(2)
Stream crossings and wetland protection regulations issued pursuant
to the Stormwater Management Act.
(3)
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act and applicable Township stormwater
regulations.
4.
Timber Harvesting Operation Regulations. Any timber harvesting operation
shall meet the following requirements:
A.
At least 30% of the forest cover (canopy) shall be preserved and
the residual trees shall be well distributed. At least 30% of these
residual trees shall be composed of higher value species as determined
by a consulting or state forester.
B.
Trees selected for harvesting shall be marked at two distinctive
locations thereon. The higher of the two marks shall be provided around
the entire circumference of the tree. The lower mark must be visible
on the stump after the tree is removed.
C.
A fifty-foot buffer zone, within no timber harvesting shall occur,
shall be required between the boundary of any timber harvesting area
or landing area and any public street, road or the boundary of any
adjoining property.
D.
Timber harvesting is prohibited on areas with slopes greater than
25%.
E.
Timber harvesting is prohibited within a floodway or floodplain.
F.
As directed by the Township, a soils engineer registered to practice
in the Commonwealth of Pennsylvania shall monitor all forest activities
occurring on or affecting landslide prone soils and/or steep slopes.
G.
No timber harvesting operation or removal of products shall take
place between the hours of 7:00 p.m. and 8:00 a.m. or any time on
Sundays or legal holidays.
H.
Trees falling on adjacent properties as a result of a timber harvesting
operation shall be returned immediately to the landowner's property,
who shall be responsible for any damage, cost or restoration to the
affected adjacent property.
I.
Falling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of such public road or right-of-way.
J.
Waste material shall be buried or removed to a point out of sight
of any public road or adjacent property. No tops or slash shall be
left within 50 feet of any public road, street, adjacent property,
or private roadway providing access to adjoining residential property.
K.
No tops or slash shall be left on or across the boundary of any property
adjoining the timber harvesting operation without the written consent
of the owner thereof.
L.
No tops or slash shall be left in a floodway or floodplain.
M.
The Township shall have the authority to order the suspension of
any timber harvesting operation if, in the Township's opinion, conditions
created by the spring thaw, adverse weather, or any other cause makes
soil erosion likely.
N.
Any timber harvesting operation in existence at the time of enactment
of this part may continue without interruption, provided that application
is made within 30 days of said enactment for a timber harvesting permit
under the provisions of this part and that such permit is granted.
O.
The maximum term of any permit issued pursuant to this part shall
be for four months. However, because the timber harvesting operation
may be adversely affected or delayed by unusual circumstances of weather
or other occurrences, one additional four-month extension, after payment
of a renewal fee equal to the initial permit fee, maybe granted by
the Township.
P.
The Township may require that, prior to completion of the timber
harvesting operation, a written report be filed by the consulting
or state forester indicating what measures should be taken in order
to properly restore the property.
Q.
Upon completion of the timber harvesting operation, all disturbed
areas including, but not limited to, the landing area(s) and skid
trails shall be revegetated pursuant to the Erosion and Sedimentation
Control plans and the Stormwater Management Plans as approved by the
Commonwealth of Pennsylvania's Department of Environmental Protection.
R.
A timber harvesting operation shall not include any on-site processing
of harvested trees or manufacturing except as permitted by the code.
5.
Road Maintenance.
A.
The Township shall have the authority to suspend any timber harvesting
operation should the Township determine that conditions of the timber
harvesting operation will cause or make likely damage to a Township
maintained road.
B.
The repair of roads, bridges and culverts damaged as a result of
a timber harvesting operation shall be repaired to the satisfaction
of the Township.
C.
The permittee, logging operator, or a designated representative shall
not create a new access or use an existing access onto a state maintained
road without first showing proof that the access is permitted by the
Commonwealth of Pennsylvania's Department of Transportation.
D.
The permittee, logging operator, or a designated representative shall
not create a new access or use and existing access onto a Township
maintained road without first obtaining permission from the Township
for using said access.
E.
Any disturbance along a Township maintained street or road to create
a new or improve upon an existing access shall be reconstructed back
to its original condition as it was prior to the commencement of the
timber harvesting operation.
6.
Waivers and Enforcement.
A.
The Township shall have the right to waive any requirements of this
part. The Township shall also have the right to add any additional
conditions, including additional bonding or other financial security
for the actual restoration of damaged roads, deemed necessary to protect
the health, welfare and safety of the residents of the Township.
B.
The Township Manager or his/her designee shall be the enforcement
officer for this part.
C.
The Township Manager or his/her designee may enter the site of any
timber harvesting operation before, during, or after active logging
to (1) review the timber harvesting plan or any other required documents
for compliance with this part and (2) inspect the operation for compliance
with the timber harvesting plan and other on-site requirements of
this part.
7.
Violations and Penalties.
A.
Upon finding that a timber harvesting operation is in violation of
any provision of this part, the Township shall issue the logging operator
and the landowner a written notice of violation in accordance with
the provisions of this chapter regarding enforcement notices, describing
each violation and specifying a date by which corrective action must
be taken.
B.
The Township may order the immediate suspension of any timber harvesting
operation and may institute any appropriate action to prevent, restrain,
correct, or abate the violation of this part upon finding that (1)
corrective action has not been taken by the date specified in a notice
of violation; (2) the operation is proceeding without a timber harvesting
plan; or (3) the operation is causing an immediate environmental risk.
C.
Suspension orders shall be in writing, shall be issued to the logging
operator and the landowner and shall remain in effect until the timber
harvesting operation is brought into compliance with this Part or
other applicable statutes or regulations.
D.
Penalties. Penalties for any violation of this Part shall be enforced
in accordance with Part 12 of this chapter.
[Added by Ord. 2006-369, 4/5/2006, § 3]
1.
On all
nonresidential and multifamily residential buildings, all building
mechanical systems, such as air-conditioning units, exhaust systems,
satellite dishes, fire escapes, elevator housing, and other similar
building features, whether on the building roof or on the ground,
shall be integrated into the overall design and character of the building
and completely screened from view from adjoining properties and streets,
to the extent screening is physically practical.
2.
Screening
devices such as landscaping, decorative masonry walls, architectural
features, or opaque fencing shall be used. Architectural screening
shall be compatible with the architectural treatment of the principal
building.
[Added by Ord. 2006-371, 4/5/2006, § 3; amended
by Ord. 2013-438, 9/5/2013]
Street types utilized within a zoning district shall be selected from the street types permitted in that district, as outlined in 27 Attachment 8. Collector and arterial streets are permitted, as appropriate, within any district. All streets shall be constructed in accordance with the requirements of Chapter 17, Public and Private Improvements. Rights-of-way indicated on street specifications for streets contained within a development site may be public or private, as appropriate, and at the discretion of the Township.
[Added by Ord. 2009-394, 11/5/2009, § 1]
1.
Intent. Provisions for the Streetscape Enhancement Overlay District
are intended to comply with the regulations below and to implement
Exhibit A, a General Manual of Written and Graphic Design Guidelines
for the Streetscape Enhancement Overlay District.[1]
[1]
Editor's Note: Exhibit A is included in the on-line version
of the Code of Ordinances of the Township of Cranberry (eCode 360®).
Exhibit A is also on file in the Township offices.
2.
Purpose. The purpose of the Streetscape Enhancement Overlay District
is to:
B.
Implement the Comprehensive Plan for Cranberry Township.
C.
Implement Exhibit A, General Manual of Written and Graphic Design
Guidelines, Streetscape Enhancement Overlay District.
D.
Provide an overall cohesive character for the streetscapes.
E.
Promote pedestrian circulation, pedestrian-oriented streetscapes,
and bicycling.
F.
Enhance the streetscapes with effective and unified street walls
and street edges.
G.
Enhance the streetscapes with pedestrian pockets, pergolas, pavilions,
and gazebos.
H.
Enhance the character of the streetscapes with effective and unified
street trees and other landscaping, streetlighting, hardscapes, street
furniture, accessory structures, and signage.
I.
Enhance off-street parking lots.
3.
Applicability.
A.
The Streetscape Enhancement Overlay District shall be as shown on
the Cranberry Township Zoning Map, as may be amended from time to
time.
B.
The Streetscape Enhancement Overlay District, including Exhibit A,[3] applies to the development of properties abutting certain
arterial and collector streets, or portions thereof, as set forth
on the Township Zoning Map when one of the following criteria are
applicable:
[Amended by Ord. 2011-411, 3/3/2011, § 3]
(1)
Any new land development; or
(2)
Any land development involving a site modification of 1,501 square
feet or greater; or
(3)
Any change of use that is a conditional use where the new use comprises
80% or more of the building where it is located and the building is
15,000 square feet or larger.
[3]
Editor’s Note: Exhibit A, General Manual of Written
and Graphic Design Guidelines – Streetscape Enhancement Overlay
District, is included in the on-line version of the Code of Ordinances
of the Township of Cranberry (eCode360®). Exhibit A is also on
file in the Township offices.
C.
All streetscape
enhancements, except for street walls, shall be installed along any
new public or private street that is to be perpendicular to a street
within the Streetscape Enhancement Overlay District.
[Added by Ord. 2012-431, 8/2/2012, § 4]
4.
5.
Application Requirements.
A.
Streetscape Plan Submission for Preliminary Plan and Final Plan Approval,
and Conditional Use Approval.
(1)
The streetscape plan shall implement the provisions in Exhibit
A, General Manual of Written and Graphic Design Guidelines, Streetscape
Enhancement Overlay District, as well as all applicable provisions
of the Cranberry Township Subdivision and Land Development Ordinance,
to address the following features where applicable, all in accordance
with Exhibit.
(a)
Accessory structures.
(b)
Benches, which shall be uniform as per Exhibit A.
(c)
Bicycle lanes.
(d)
Bicycle racks.
[Amended by Ord. 2012-431, 8/2/2012, § 5]
(e)
Crosswalks, which shall be uniform as per Exhibit A.
(f)
Off-street parking lots.
(g)
Pedestrian pockets.
(h)
Pergolas, pavilions and gazebos.
(i)
Sidewalks and street edge strips.
(j)
Signage.
(k)
Bus shelters.
(l)
Streetlights, which shall be uniform as per Exhibit A.
(m)
Street trees and other landscaping, in accordance with § 22-612 of the Cranberry Township Subdivision and Land Development Ordinance.
(n)
Streetscape, Street Walls, and Other Street Edges. Street walls
shall be uniform as per Exhibit A.
(o)
Traffic signals and signs.
(p)
Waste receptacles, which shall be uniform as per Exhibit A.
(2)
The streetscape enhancement uniform described above is summarized
in the following chart, and detailed in Exhibit A.
[Amended by Ord. 2012-431, 8/2/2012, § 6]
|
Streetscape Enhancement Uniformity
| ||
|---|---|---|
|
Requirement
|
Design Details:
See Exhibit A.
|
Color/Type
|
|
Streetlights
|
Pages 13 to 13.2
|
Cranberry color, RAL 3005
|
|
Benches
|
Page 3
|
Cranberry color, RAL 3005
|
|
Bicycle racks
|
Page 5
|
Cranberry color, RAL 3005
|
|
Crosswalks
|
Page 6
|
Red clay brick
|
|
Waste receptacle
|
Page 17
|
Cranberry color, RAL 3005
|
|
Street trees
|
§§ 22-612.5 and 22-612.9 (SALDO)
|
See §§ 22-612.5 and 22-612.9
|
|
Hedge
|
Pages 15.7, 15.9
|
Choice of 4 plant types
|
|
Brick Wall and Piers
|
Pages 15 to 15.8
|
Red clay brick
|
|
Steel, iron, or comparable metal fence
|
Pages 15.1 to 15.8
|
Black
|
|
NOTE:
Exhibit A provisions the design details and requirements.
|
(3)
The streetscape plan shall meet all graphic and cartographic
requirements set forth for a preliminary plan, and for a final plan
in the Cranberry Township Subdivision and Land Development Ordinance.
(4)
When a front or side building facade is not located within 25
feet, and parallel to, the road right-of-way, a continuous street
wall shall be formed along the entire property frontage. When a building
facade meets these requirements, the street wall shall not be required
along the portion of the frontage where the building is located. See
Drawing Z-12 found in 27 Attachment 9.
[Amended by Ord. 2012-431, 8/2/2012, § 7]
(5)
A street wall shall be built and maintained in accordance with
Exhibit A and the following:
(a)
Whenever arterial streets intersect with other public streets
and to the extent technically feasible, a thirty-inch-tall solid brick
wall or thirty-inch brick piers at twenty-one-foot intervals, connected
by black wrought iron, steel, or a comparable metal fence, shall be
built and maintained along the property boundary or at a minimum of
a 42 feet in each direction.
(b)
Along other sections of streets that have parking lots facing
the street, brick piers at twenty-one-foot intervals, connected by
black wrought iron, steel or a comparable metal fence, shall be installed
and maintained, and low shrubs shall be located on the street side
of the piers and fence.
(c)
Along other sections of streets that have basins, fields, or
other green areas (i.e., not with an off-street parking lot) are to
be screened, with a continuous hedgerow, or with brick piers at twenty-one-foot
intervals, connected by hedges, which shall be installed and maintained.
(d)
Along all other sections of streets that have buildings 25 feet
or more from the road right-of-way, a continuous hedgerow, or brick
piers at twenty-one-foot intervals connected by hedgerows shall be
installed and maintained.
[Amended by Ord. 2012-431, 8/2/2012, § 8]
(7)
All street walls at arterial street intersections shall have
a uniform look so that arterial street corners, collector street corners
and other street corners shall have the same treatment, that of a
thirty-inch-tall solid brick wall or thirty-inch-tall brick piers
at twenty-one-foot intervals, connected by black wrought iron, steel,
or a comparable metal fence and low shrubs on the street side of the
piers and fencing, extending at least 42 feet in each direction from
the corner, as shown in Exhibit A.
[Amended by Ord. 2012-431, 8/2/2012, § 9]
(8)
Street trees are intended to add charm, beauty, and shade to streets. Street trees also provide a landscape architectural complement to the architectural alignment of buildings. Street trees shall be in accordance with the Cranberry Township Subdivision and Land Development Ordinance (§ 22-612).
[Amended by Ord. 2012-431, 8/2/2012, § 10]
6.
Implementation. The Streetscape Design Guidelines shall be implemented
as follows:
A.
All improvements shall be maintained by the property owner abutting
the road right-of-way.
B.
Any structure and improvement that is damaged destroyed or otherwise
nonfunctional shall be replaced or repaired within 90 days of receipt
of notice from the Township to replace or repair same.
C.
All other applicable requirements of other codes, ordinances, and
regulations of Cranberry Township shall be met.
[Added by Ord. No. 2010-397, 6/24/2010, § 2; as
amended by Ord. No. 2023-510, 6/1/2023]
1.
Township zoning approval is required for the construction of any
solar-energy facility that is an accessory use on any site or lot.
A.
The zoning permit application shall indicate the location of the
proposed facility and shall identify where on the site or building
that the solar equipment is to be placed.
2.
The applicant shall demonstrate through project planning and proposed
mitigation that a proposed facility's impacts will be minimized
for surrounding properties and the community. This may include, but
not be limited to, information regarding site selection, facility
design or appearance, buffering, and screening of ground-mounted electrical
and control equipment.
3.
Where the installation of the facility constitutes a land development,
all provisions of applicable ordinances shall be met.
4.
Noise from any solar-energy facility shall not exceed 15 decibels
at the lot line, unless all affected adjacent property owners shall
have executed a nondisturbance easement, covenant, or consent which
has been recorded in the office of the Recorder of Deeds of Butler
County. Methods for measuring and reporting acoustic emissions from
the facility shall be equal to or exceed the minimum standards for
precision described in AWEA Standard 2.1 - 1989, titled "Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems Volume I: First Tier."
5.
Construction of any solar-energy facility shall comply with all applicable
rules, laws and regulations of the United States Federal Aviation
Administration. Documentation of compliance shall be provided to the
Township.
6.
To the extent applicable, all solar-energy facilities shall comply
with the Pennsylvania Uniform Construction Code and the regulations
adopted by the Pennsylvania Department of Labor and Industry.
7.
All electrical components of solar-energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
8.
Solar-energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
9.
Solar-energy facilities shall not display advertising, except for
reasonable identification of the facility manufacturer.
10.
Transmission and power lines shall be placed underground or out of
sight.
11.
Where installed on the roof of a building or structure, solar-energy
facilities shall be installed in accordance with the applicable adopted
building code(s).
12.
No solar-energy facility or facilities may exceed 30% of any total
lot or site area, not including installations for roof/building-mounted
single-family residential uses.
13.
Solar-energy facilities shall meet the accessory structure setbacks
that may apply in the zoning district within which the facility is
constructed, and, where no such setback is specified, the facility
shall be no closer than 10 feet to any property line.
14.
No facility shall be attached to a tree or any other natural object
or structure not intended to support such a facility, except that
facilities may be appropriately attached to buildings capable of accommodating
them.
[Added by Ord. 2010-397, 6/24/2010, § 2]
1.
Township zoning approval is required prior to the construction of
any wind-energy facility on any site or lot.
A.
The zoning permit application shall indicate the location of the
proposed facility.
2.
The applicant shall demonstrate through project planning and proposed
mitigation that a proposed facility's impacts will be minimized for
surrounding properties and the community. This may include, but not
be limited to, information regarding site selection, facility design
or appearance, buffering, and screening of ground-mounted electrical
and control equipment.
3.
Where the installation of the facility constitutes a land development,
all provisions of applicable ordinances shall be met.
4.
Noise from any wind-energy facility shall not exceed 15 decibels
at the lot line, unless all affected adjacent property owners shall
have executed a nondisturbance easement, covenant, or consent which
has been recorded in the office of the Recorder of Deeds of Butler
County. Methods for measuring and reporting acoustic emissions from
the facility shall be equal to or exceed the minimum standards for
precision described in AWEA Standard 2.1 – 1989, titled "Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems Volume I: First Tier."
5.
Construction of any wind-energy facility shall comply with all rules,
laws and regulations of the United States Federal Aviation Administration.
Documentation of compliance shall be provided to the Township.
6.
To the extent applicable, all wind-energy facilities shall comply
with the Pennsylvania Uniform Construction Code and the regulations
adopted by the Pennsylvania Department of Labor and Industry.
7.
All electrical components of wind-energy facilities shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
8.
Wind-energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
9.
Wind-energy facilities shall not display advertising, except for
reasonable identification of the facility manufacturer.
10.
Transmission and power lines shall be placed underground or out of
sight.
11.
Setbacks.
A.
From buildings: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part; except where
the facility is mounted to a building, the setback shall not be required
between the facility and the building to which it is attached.
B.
From property lines: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part.
C.
From public roads: 1.1 times the height of the wind energy facility
at its tallest point, measured from the bottom of the facility base
to the highest reach of any movable or immobile part.
D.
Each vertically oriented wind-energy facility mounted on a building
shall be separated from any other wind-energy facility by 1.1 times
the height of the facility, measured from the point at which the facility
is mounted to the building, to the highest reach of any movable or
immobile part of the facility.
E.
Any wind-energy facility that is an accessory structure shall meet
the applicable accessory structure setbacks that may apply in the
zoning district within which the facility is constructed; and where
no such setback is specified, the facility shall be no closer than
10 feet to any property line or the distance set forth above, whichever
is greater.
12.
Maximum height: where the facility is an independent structure and
not mounted to a building, 50 feet maximum height in residential zoning
districts and 120 feet maximum height in commercial districts, measured
from ground level to the tip of the wind-energy facility's blade fully
extended perpendicular to the ground plane. Where the facility is
mounted to a building, the maximum height shall be 10 feet higher
than the tallest point on the building.
13.
Minimum vertical clearance between ground level and the lowest movable
component of the wind-energy facility when at its lowest point: 15
feet.
14.
The color shall be a neutral and nonreflective tone, such as white,
off-white, or gray. The facility coloring shall be solid, and any
alphabetical or numerical characters shall be representative of the
facility manufacturer only and shall comprise no more than five square
feet.
[Added by Ord. 2014-448, 10/2/2014; amended by Ord. No. 2022-507, 3/3/2022]
1.
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
CONTEXT-SENSITIVE
EMERGENCY
EQUIPMENT COMPOUND
FRONT FACADE AREA
HEIGHT OF WCF
MODIFICATION or MODIFY
MONOPOLE
PERSON
REPLACEMENT
RIGHT-OF-WAY (ROW)
STEALTH TECHNOLOGY
TECHNICALLY FEASIBLE
UTILITY EQUIPMENT
UTILITY POLE
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
A.
B.
C.
(1)
(2)
(3)
(4)
(5)
(6)
D.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
WIRELESS SUPPORT STRUCTURE (WSS)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
As defined in § 27-202.
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
As defined in § 27-202.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a WCF, including antennas mounted
on the tower and any other appurtenances.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A wireless support structure which consists of a single pole,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the Township or to any department or agency of the Township.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
As defined in § 27-202.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless communications facility or its design
or site location can be implemented without a material reduction in
the functionality of the small wireless communications facility.
As defined in § 27-202.
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, street signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
or horizontal structures to which signal lights or other traffic control
devices are attached.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services. Types of wireless communications facilities
shall include:
MICRO WIRELESS FACILITY (MICRO WCF)A wireless communications facility installed by a franchised cable operator on an existing cable strand that:
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)Wireless communications facilities co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. Each antenna associated with the deployment is no more than three cubic feet in volume excluding the associated equipment. Replacement of an existing WCF facility shall not exceed the volume of the existing antenna. (See 27 Attachment 7.[1])
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)A wireless communications facility that meets the following criteria (See 27 Attachment 7.[2]):
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)Any wireless support structure and wireless communication facility over 50 feet in height that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment. (See 27 Attachment 7.[3])
Any person, firm or entity seeking to place a WCF within
the boundaries of the Township.
A utility pole, monopole, tower, base station, building,
or any other structure, whether or not it has an existing antenna
facility, that is used or to be used for the provision of wireless
service (whether on its own or comingled with other types of services).
[1]
Editor's Note: Attachment 7, Matrix of Wireless Communications Facility Classifications, is included as an attachment to this chapter.
[2]
Editor's Note: Attachment 7, Matrix of Wireless Communications Facility Classifications, is included as an attachment to this chapter.
[3]
Editor's Note: Attachment 7, Matrix of Wireless Communications Facility Classifications, is included as an attachment to this chapter.
2.
Intent. The intent of this section is to:
A.
Promote the health, safety, and welfare of Township residents and
businesses with respect to WCFs.
B.
Provide for the managed development of WCFs in a manner that enhances
the benefits of wireless communication and accommodates the needs
of both Township residents and wireless carriers in accordance with
federal and state laws and regulations.
C.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower-based WCFs, and
small WCFs in the Township, both inside and outside the public rights-of-way.
D.
Address new wireless technologies, including, but not limited to,
distributed antenna systems (DAS), data collection units, small wireless
communications facilities, and other WCFs.
E.
Encourage the co-location of WCFs on existing structures rather than
the construction of new wireless support structures.
F.
Protect Township residents from potential adverse impacts of wireless
communications facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape.
G.
Comply with all provisions and requirements of the Federal Communications
Commission's 2018 Third Report and Order and Declaratory Ruling, the
Pennsylvania Small Wireless Facilities Deployment Act of 2021,[4] as amended, and any other applicable state and/or federal
regulations.
[4]
Editor's Note: See 53 P.S. § 11704.1 et seq.
3.
Applicability.
A.
All WCFs, as defined herein, shall comply with all applicable terms
and provisions of this section.
B.
WCFs for which a building permit has been issued prior to the effective
date of this section shall not be required to meet the requirements
of this section except for the annual reimbursement for ROW usage.
C.
This section shall not govern the installation of any amateur radio
facility that is owned or operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
D.
Noncommercial Usage Exemption. Township citizens utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
and/or internet connections at their respective residences shall be
exempt from this section.
E.
Public Exemption. All wireless communications facilities are permitted
as uses by right if the property in question contains one or more
of the following principal uses: municipal properties, public recreation,
public utility facilities, solar energy facility, or wind energy facility.
F.
This section shall supersede all conflicting requirements of other
chapters of this Code regarding the locating and permitting of wireless
communications facilities.
4.
Authorized Uses.
A.
Refer to 27 Attachment 2. "Table of Authorized Principal Uses, Zoning Districts Where Use is Authorized, and Method of Authorization," for zoning districts in which WCFs are permitted. Any WCF which is identified as requiring conditional use approval shall also comply with the express standards and criteria for uses authorized by conditional use as set forth in Part 7 of this chapter.
B.
Refer to 27 Attachment 3, "Table of Authorized Accessory Uses, Zoning District Where Authorized, and Method of Authorization," for zoning districts in which any WCF accessory uses are permitted. Any WCF which is identified as requiring conditional use approval shall also comply with the express standards and criteria for uses authorized by conditional use as set forth in Part 7 of this chapter.
5.
Procedures.
A.
Application. Each WCF applicant proposing the construction of a WCF
shall complete and submit all appropriate applications in accordance
with the requirements of this section prior to beginning construction
of such WCF.
B.
Permits. WCF applicants proposing the modification of an existing
WCF or the construction of a new WCF shall obtain all required permits
from the Township prior to beginning such construction or modification.
New construction and modifications shall be prohibited without a zoning
permit.
C.
Fees. The Township may assess appropriate and reasonable permit fees,
as delineated or limited by the WBCA or any other applicable state
and/or federal laws or regulations, which are directly related to
the Township's actual costs in reviewing and processing applications
for approval as well as related inspection, monitoring and related
costs.
D.
Engineer Signature. All plans and drawings shall contain a seal and
signature of a professional structural engineer licensed in the Commonwealth
of Pennsylvania.
E.
Retention of Experts. Except as limited by applicable federal or
state laws, the Township may hire any consultant(s) and/or expert(s)
necessary to assist the Township in reviewing and evaluating the application
for approval of the WCF and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of this section.
The applicant and/or owner of the WCF shall reimburse the Township
for all reasonable costs of the Township's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
F.
Applicable Time Frames. The following table details the applicable
time frames for notice of incompleteness and final decision for each
type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Eligible facilities request
|
No more than 30 calendar days from receipt of initial application;
10 calendar days from receipt of supplemental application for subsequent
notices
|
60 total calendar days from receipt of initial application
|
|
Small WCF (co-located)
|
No more than 10 business days from receipt of initial or supplemental
application
|
60 total calendar days from receipt of initial application
|
|
Small WCF (new or replacement) wireless support structure
|
No more than 10 business days from receipt of initial or supplemental
application
|
90 total calendar days from receipt of initial application
|
|
Non-tower WCF
|
No more than 30 calendar days from receipt of application for
initial notice; 10 calendar days from receipt of supplemental application
for subsequent notices
|
90 total calendar days from receipt of initial application
|
|
Tower-based WCF
|
No more than 30 calendar days from receipt of application for
initial notice; 10 calendar days from receipt of supplemental application
for subsequent notices
|
150 total calendar days from receipt of initial application
|
G.
Inspection. The Township reserves the right to inspect any WCF to
ensure compliance with the provisions of this section and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
6.
Regulations Applicable to All Wireless Communications Facilities.
A.
Standard of Care. All WCFs shall meet or exceed all applicable standards
and provisions of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate wireless communications
facilities, the latest National Electrical Safety Code (NESC). American
National Standards Institute (ANSI), and the structural standards
of the American Association of State Highway and Transportation Officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail. All necessary
certifications shall be obtained by the WCF applicant and provided
to the Township.
B.
Eligible Facilities Requests.
(1)
WCF applicants proposing a modification to an existing WCF shall
be required only to obtain a building permit from the Township Zoning
Officer. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Township Zoning Officer in
accordance with applicable permit policies and procedures. Such permit
application shall clearly state that the proposed modification constitutes
an eligible facilities request pursuant to the requirements of 47
CFR 1.6100. The permit application shall detail all dimensional changes
being made to the WCF and wireless support structure.
C.
Design.
(1)
WCFs, including all associated antennas, wireless support structures,
accessory equipment, sheds, buildings, and the like, shall be context-sensitive,
employ stealth technology, and be treated to match any wireless support
structure, when applicable, in order to minimize aesthetic impact.
The application of such treatments shall be subject to the approval
of the Township.
(2)
Wind and Ice. All WCFs shall be designed to withstand the effects
of wind gusts and ice to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222, as amended), or to the industry standard
applicable to the structure.
(3)
Aviation Safety. WCFs shall comply with all federal and state
laws and regulations concerning aviation safety.
D.
Location.
(1)
All WCFs shall be located on an existing wireless support structure
whenever practical and technically feasible.
(2)
Should co-location on an existing wireless support structure
not be possible, the proposed WCF shall be co-located on an existing
structure that does not support a WCF, including, but not limited
to, a utility pole or building.
(3)
Should co-location not be possible, the proposed WCF may be
located on a new wireless support structure and shall abide by the
general regulations set forth in this subsection as well as § 27-327.8.
(4)
WCFs shall not be located in the front facade area of the following
uses: single-family detached, single-family semidetached, quad dwelling,
two-family dwelling, townhouse, or row dwelling. This restriction
shall not apply in instances involving co-location on an existing
nonconforming building or structure that already holds WCF equipment.
(5)
Historic Buildings. No WCF may be located on a building or structure
that is listed on either the National or Pennsylvania Register of
Historic Places, or is eligible to be so listed, or is listed on the
official historic structures and/or historic districts list maintained
by the Township, or has been designated by the Township to be of historical
significance. This restriction shall not apply in instances in which
the historic building or structure in question holds WCF equipment
on the date of adoption of this section.
E.
Operations.
(1)
Radio Frequency Emissions. A WCF shall not, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including, but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
(2)
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(3)
Lighting. No WCF shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. All other associated lighting related to the WCF and/or its accessory equipment shall comply with the Township Code § 27-318.
(4)
Public Safety Communications. WCFs shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
F.
Nonconforming Wireless Support Structures. WCFs shall be permitted
to co-locate upon existing nonconforming wireless support structures.
Co-location of WCFs upon existing wireless support structures is encouraged
even if the wireless support structure is nonconforming as to use
within a zoning district.
G.
Inspections; Reports. Wireless communications facilities shall be
inspected to ensure structural integrity and compliance with applicable
federal, state, and local codes and regulations. Inspection reports
shall be submitted to the Township upon request.
H.
Indemnification. Each person that owns or operates a WCF shall, at
its sole cost and expense, indemnify, defend and hold harmless the
Township, its elected and appointed officials, employees and agents
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that owns or operates a WCF shall defend any
actions or proceedings against the Township in which it is claimed
that personal injury, including death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of a WCF. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
I.
Abandonment; Removal. In the event that use of a WCF is to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
A WCF not operated for a period of 12 months shall be considered abandoned.
Discontinued or abandoned WCFs, or portions of WCFs, shall be removed
as follows:
(1)
All abandoned or unused WCFs and accessory equipment shall be
removed within 90 days of the cessation of operations at the site
or receipt of notice that the WCF has been deemed abandoned by the
Township, unless a time extension is approved by the Township.
(2)
If the WCF or accessory equipment is not removed within 90 days
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF, regardless of the owner's or operator's
intent to operate the WCF in the future.
(3)
The Township reserves the right to pursue all available remedies
under the law to ensure removal of the WCF and restoration of the
site at the expense of the owner. Any delay by the Township in taking
action shall not invalidate the Township's right to take action.
(4)
Where there are two or more users of a single WCF, this provision
shall not become effective until all users have terminated use of
the WCF for a period of 12 months.
J.
Maintenance. The following maintenance requirements shall apply:
(1)
All WCFs shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance, repair or replacement.
(2)
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents and in accordance with all applicable Township, state and
federal regulations.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
K.
Insurance.
(1)
Each person that owns or operates a tower-based WCF shall provide
the Zoning Officer with a certificate of insurance evidencing general
liability coverage in the minimum amount of $5,000,000 per occurrence
and property damage coverage in the minimum amount of $5,000,000 per
occurrence covering the tower-based WCF.
(2)
Each person that owns or operates a non-tower WCF or small WCF
shall provide the Zoning Officer with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the WCF.
L.
Engineer Signature. All plans and drawings for a WCF shall contain
a seal and signature of a professional structural engineer licensed
in the Commonwealth of Pennsylvania.
M.
Signs. Signage of any type, except for signage required by law, safety
signage, and signage identifying the WCF's operator and subsequent
contact information, is prohibited from being attached to or displayed
upon any WCF.
7.
Specific Requirements for Small Wireless Communications Facilities.
A.
Small WCFs located inside the rights-of-way shall be a permitted
use in all Township zoning districts, subject to the requirements
of this section and applicable permitting by the Township.
B.
Small WCFs located outside the rights-of-way shall be a permitted
use in all Township zoning districts, except residential zoning districts,
subject to the requirements of this section and applicable permitting
by the Township.
C.
Application Procedures.
(1)
Applications for small WCFs shall be submitted to the Township
Zoning Officer.
(2)
Applications for small WCFs shall include the following:
(a)
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small WCF, and a certification
that the WCF applicant has included all information required by the
Township Code, signed by a representative of the WCF applicant.
(b)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small WCF.
1)
If the small WCF is proposed for location on an existing or
replacement wireless support structure that currently supports existing
attachments, the depiction shall show the location and dimensions
of all such attachments.
2)
If installation of a new or replacement wireless support structure
is being proposed, the depiction shall include the color, dimensions,
material and type of wireless support structure proposed.
(c)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small WCF.
(d)
An aerial photograph of the proposed site showing the area within
500 feet of the small WCF. The aerial photograph shall identify all
structures within such radius.
(e)
Photo simulations depicting the small WCF from at least three
locations near the proposed site. The photo simulations should reflect
the proposed design and location of all equipment associated with
the small WCF.
(f)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed small
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
(g)
A report by a qualified engineering expert which shows that
the small WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
(h)
A certificate of insurance as required by § 27-327.5.L.
(i)
Certification of the application's compliance with all requirements
of this section.
(j)
All application fees required by the Township as detailed in
the Township fee schedule.
(3)
Resubmission Upon Denial.
(a)
If the Township denies an application for a small WCF, the Township
shall provide the WCF applicant with written documentation of the
basis for denial, including the specific provisions of the Township
Code on which the denial was based, within five business days of the
denial.
(b)
The WCF applicant may cure the deficiencies identified by the
Township and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The Township shall approve or deny the
revised application within 30 days of the application being resubmitted
for review.
(4)
Consolidated Applications. A single WCF applicant may not submit
more than one consolidated or 20 single applications for co-located
small WCFs in a thirty-day period. If the Township receives more than
one consolidated application or 20 single applications within a forty-five-day
period, the applicable time frame under § 27-327.4.F shall
be extended by 15 days.
D.
Location and Development Standards.
(1)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
E.
Time, Place and Manner. Once approved, the Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
F.
Obstruction. Small WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the Township.
G.
Graffiti. Any graffiti on a small WCF, including the wireless support
structure and any accessory equipment, shall be removed at the sole
expense of the owner within 10 calendar days of notification by the
Township.
H.
Obsolete Equipment. As part of the construction, modification or
replacement of a small WCF, the WCF applicant shall remove any obsolete
or abandoned equipment from the wireless support structure.
I.
Relocation or Removal of Facilities. Within 90 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(2)
The operations of the Township or other governmental entity
in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
Township.
J.
Time Limit for Completion of Construction. The proposed co-location,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the Township
and the WCF applicant agree, in writing, to extend the period.
K.
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Township's actual ROW management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Township. The owner of each small WCF
shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission. Prior to paying the annual
fee, each person that owns or operates a small WCF in the ROW shall
provide the Zoning Officer with a certificate of insurance as required
above.
8.
Specific Requirements for Non-Tower Wireless Communications Facilities.
A.
The following regulations shall apply to all non-tower WCFs that
do not meet the definition of a small WCF:
(1)
Application Procedures.
(a)
Applications for non-tower WCFs shall be submitted to the Township
Zoning Officer.
(b)
All applications for non-tower WCFs shall include the following
information:
1)
The name and contact information, including phone number, for
both the WCF applicant and the owner of the proposed non-tower WCF.
2)
A site plan, drawn to scale, showing property boundaries, power
location, total height of the non-tower WCF, the entirety of the structure
upon which the non-tower WCF will be co-located, and accessory equipment
locations.
3)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the non-tower WCF.
4)
If the non-tower WCF is proposed for location on a wireless
support structure that currently supports existing WCFs or other attachments,
the depiction shall show the location and dimensions of all such attachments.
5)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the non-tower WCF.
6)
An aerial photograph of the proposed site showing the area within
500 feet of the non-tower WCF. The aerial photograph shall identify
all structures within such radius.
7)
Photo simulations depicting the non-tower WCF from at least
three locations near the proposed site. The photo simulations should
reflect the proposed design and location of all equipment associated
with the non-tower WCF.
8)
A written certification by a structural engineer licensed in
the Commonwealth of Pennsylvania confirming that the proposed non-tower
WCF and wireless support structure are structurally sound and shall
not endanger public health and safety.
9)
A report by a qualified engineering expert which shows that
the non-tower WCF will comply with applicable FCC regulations, including
applicable standards for radio frequency emissions.
10)
A certificate of insurance as required by § 27-327.5.L.
11)
Certification of the application's compliance with
all requirements of this section.
12)
All application fees required by the Township as
detailed in the Township fee schedule.
(2)
Development Regulations.
(a)
The total height of any non-tower WCF shall not exceed 35 feet
above the preexisting height of the wireless support structure to
which the WCF is attached.
(b)
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township showing that the proposed
non-tower WCF is designed to be the minimum height technically feasible
and justifying the total height of the non-tower WCF.
(c)
Accessory Equipment and Buildings.
1)
All accessory equipment and buildings associated with a non-tower
WCF shall comply with all required setbacks for principal structures
established for the zoning district in which they are located.
2)
Ground-mounted accessory equipment, buildings, and accessory
structures shall not exceed 15 feet in height.
(d)
A security fence of not less than six feet and not more than
eight feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
(3)
Design.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology utilized by the
WCF applicant shall be subject to the approval of the Township.
(b)
Non-tower WCFs shall, to the extent technically feasible, incorporate
architectural features, materials and colors which blend with surrounding
buildings, structures, terrain or landscape.
(c)
Non-tower WCFs and accessory equipment must be of a neutral
color that is identical to or closely compatible with the wireless
support structure so as to make the WCF and accessory equipment as
visually unobtrusive as possible. Roof-mounted non-tower WCFs shall
match existing air-conditioning units, stairs, elevator towers or
other background as nearly as possible.
(4)
Prohibited on Certain Structures. No non-tower WCFs shall be
located on single-family detached residences, single-family attached
residences, semi-detached residences, duplexes, or any residential
accessory structure.
(5)
Third-Party Wireless Support Structures. Where the non-tower
WCF is proposed for co-location on a wireless support structure that
is not owned by the WCF applicant, the WCF applicant shall present
documentation to the Zoning Officer that the owner of the wireless
support structure has authorized co-location of the proposed non-tower
WCF.
9.
Specific Requirements for Tower-Based Wireless Communications Facilities.
A.
The following regulations shall apply to all tower-based wireless
communications facilities that do not meet the definition of a small
WCF:
(1)
Conditional Use. Tower-based WCFs are permitted outside the
public rights-of-way as a conditional use and at a height necessary
to satisfy their function in the WCF applicant's wireless communications
system, subject to the requirements of this section.
(a)
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall send, via first-class mail, notice to all owners of
every property within 500 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent at least 10 days in advance of any such hearing. The WCF applicant
shall provide proof of the notification to the Board of Supervisors
along with the list of return receipts received.
(b)
Prior to the Board of Supervisors' approval of a conditional
use authorizing the construction and installation of a tower-based
WCF, it shall be incumbent upon the WCF applicant for such conditional
use approval to prove to the reasonable satisfaction of the Board
of Supervisors that the WCF applicant cannot adequately extend or
infill its communications system by the use of equipment installed
on existing structures, such as utility poles or their appurtenances
and other available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no other
viable, less intrusive alternative location exists.
(c)
The conditional use application shall include a site plan, drawn
to scale, showing property boundaries, power location, total height
of the tower-based WCF, guy wires and anchors, existing structures,
elevation drawings, typical design of proposed structures, parking,
fences, landscaping and existing uses on adjacent properties.
(d)
Where the tower-based WCF is located on a property that is not
owned by the WCF applicant, the WCF applicant shall present evidence
to the Board of Supervisors that the owner of the property has granted
an easement or other property right, if necessary, for the proposed
WCF and that vehicular access will be provided to the facility.
(e)
The conditional use application shall include a written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
of the proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure.
(f)
An application for a new tower-based WCF shall demonstrate that
the proposed tower-based WCF cannot be accommodated on an existing
wireless support structure. The Board of Supervisors may deny an application
to construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the antenna(s) on an existing wireless
support structure. The WCF applicant shall demonstrate that it contacted
the owners of all potentially feasible structures, buildings, and
towers within a one-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
1)
No existing support structure, building or other structure is
located within the geographic area which meets the applicant's engineering
requirements.
2)
Existing support structures, buildings or other structures are
not of sufficient height to meet the applicant's engineering requirements.
3)
Existing support structures, buildings or other structures do
not have the strength to support the applicant's equipment.
4)
The WCF applicant's equipment would cause electromagnetic interference
with equipment on the existing support structure, building or other
structure.
5)
Fees, costs or contractual provisions required by the owner
in order to share an existing location or to adapt for the applicant
are unreasonable. Costs exceeding new construction for a support structure
are presumed to be unreasonable.
6)
The WCF applicant demonstrates that there are other limiting
factors that render other locations unsuitable.
(g)
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions of this section.
(2)
Development Regulations.
(a)
Tower-based WCFs shall not be located in, or within 50 feet
of, an area in which all utilities are located underground.
(b)
Sole Use on a Lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is a minimum of
6,000 square feet. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 100% of the proposed WCF structure's height.
(c)
Combined with Another Use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another permitted proposed use, in accordance with 27 Attachment
2, "Table of Authorized Principal Uses, Zoning Districts Where Use
is Authorized, and Method of Authorization," so long as the existing
use on the property is a permitted use in the applicable zoning district.
(3)
Design Regulations.
(a)
Height.
1)
Any tower-based WCF shall be designed at the minimum functional
height. All tower-based WCF applicants must submit documentation to
the Township justifying the total height of the structure. The maximum
total height of any tower-based WCF which is not located in the public
ROW shall not exceed 180 feet, as measured vertically from the ground
level to the highest point on the structure, including antennas and
subsequent alterations.
2)
Accessory equipment buildings, cabinets and accessory structures
shall not exceed 15 feet in height.
3)
Any height extensions to an existing tower-based WCF shall require
the prior approval of the Township and shall comply with the Township
Code of Ordinances.
(b)
Visual Appearance and Land Use Compatibility.
1)
Tower-based WCFs shall employ the most current stealth technology
available at the time of construction in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
Application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
2)
All tower-based WCFs and accessory equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
3)
The Board of Supervisors shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; prevent
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(c)
Anti-Climbing Device. If deemed necessary by the Board of Supervisors,
a tower-based WCF shall be equipped with an anti-climbing device,
as approved by the manufacturer.
(d)
Minimum Setbacks. The foundation and base of any tower-based
WCF shall be set back from property lines by the largest of the following:
(4)
Surrounding Environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to Board of Supervisors
complying with the standards of Appendix I: Geotechnical Investigations.
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(5)
Fence/Screen.
(a)
A security fence having a minimum height of six feet and a maximum
height of eight feet shall completely surround any tower-based WCF,
as well as guy wires, or any building housing accessory equipment.
(b)
Landscaping shall be installed to screen and buffer the tower-based
WCF and any ground-level features, such as an equipment building,
from adjacent properties. The landscape screen shall consist of a
mix of evergreen trees planted in a staggered double row. The plantings
shall be a minimum height of six feet at planting and shall grow to
a minimum of 15 feet at maturity.
(6)
Accessory Equipment.
(a)
Accessory equipment associated, or connected, with a tower-based
WCF shall be placed underground or screened from public view using
stealth technology. All ground-mounted accessory equipment, utility
buildings and accessory structures shall be architecturally designed
to be concealed from public view to the maximum extent possible and
be compatible with the architecture of surrounding buildings, structures
or landscape.
(b)
Either one single-story wireless communications equipment building
not exceeding 500 square feet in area or its equivalent may be permitted
for each unrelated company sharing antenna space on the tower-based
WCF.
(7)
Additional Antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Board of Supervisors with
a written commitment that it will allow other service providers to
co-locate antennas on the tower-based WCF where technically feasible.
To the extent permissible under state and federal law, the owner of
a tower-based WCF shall not install any additional antennas without
complying with the applicable requirements of this section.
(8)
FCC License. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(9)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC, or any other federal or
state agency.
(10)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(11)
Storage. The storage of unused equipment, materials or supplies
is prohibited on any tower-based WCF site.
(12)
Repair of Nonconforming Tower-Based WCF. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location but must
otherwise comply with the terms and conditions of this section. The
co-location of antennas is permitted on existing nonconforming tower-based
WCFs.
