Nothing herein contained shall be constructed
to render inoperative any enforceable restriction established by covenants
running with the land, and which restrictions are not prohibited by
or are not contrary to the regulations herein established.
When an unimproved lot of record is situated
on the same street frontage with two improved lots or one unimproved
lot and one improved lot, the front yard requirement for that district
may be modified so that the front yard shall be an average of the
existing and as required front yard. But in no case shall the front
yard be less than 25 feet from the ultimate right-of-way.
No lot area shall be so reduced that the area
of the lot or the dimension of the open spaces shall be less than
herein prescribed.
As a special exception, one dwelling quarter
for a watchman or caretaker employed on the premises shall be permitted
in connection with any administrative offices, laboratories or industrial
establishments.
On any lot, no wall, fence, sign or other structure
shall be erected, altered or maintained and no hedge, tree, shrub
or other growth shall be planted or maintained which shall interfere
with a free and unobstructed view down and across lands located at
or near the intersection of any two roads, or a road and railroad
and railway, or at any curve in any road, as may be necessary to assure
a full and unobstructed view in all directions at such crossing or
curves and to so prevent the use of such lands for any purpose or
in any manner which may interfere with or obstruct the vision of persons
traveling upon such highways.
No building and no part of a building shall
be erected within or shall project into or over any required yard
in any district, except that, in residential districts, the following
shall apply:
A.
An unroofed, open patio or terrace may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such yard
more than 40% of the required depth of the yard.
B.
A buttress, chimney, cornice, eave or gutter of a
building may project not more than 18 inches into a required yard.
C.
Open, unenclosed fire escapes, steps, bay windows
and balconies may project no more than three feet into a required
yard.
[Amended 7-22-2015 by Ord. No. 659]
A.
Residential uses. No fence or wall, except a retaining wall or wall
of a building permitted under the terms of this chapter, over six
feet in height shall be erected within any of the open spaces required
by this chapter. No fence or wall shall extend beyond the front building
line of a lot on which it is located; however, in the case of a lot
with more than one street frontage, a fence not exceeding four feet
in height may be erected within the front yard(s) which do not include
the main entrance (front door) of the home so long as the fence is
set back at least five feet from the ultimate right-of-way.
B.
Nonresidential uses. No fence or wall over six feet in height shall
be erected within any of the open spaces required by this chapter.
C.
No fence shall be permitted within any easements benefiting Hatfield
Township, Hatfield Township Municipal Authority, or any other regulatory
agency without the written permission of that agency and Hatfield
Township.
Accessory uses authorized in this article shall
be the following:
A.
Uses accessory to agriculture. Greenhouse, roadside
stand for the sale of products produced on the premises, barn, keeping,
breeding and management of livestock and poultry, and preparation
of products produced on the premises.
B.
Uses accessory to single-family detached and single-family
semidetached dwellings. Private garages, private greenhouses, private
parking spaces, shelter for domestic pets, private storage sheds,
private swimming pools (including pool houses and cabanas), private
tennis courts and private stables; provided, that:
(1)
All accessory structures shall be located entirely
within the permissible building area (exclusive of all mandatory setback
areas), but not to include the front of the main building.
(2)
Private swimming pools shall be constructed
in accordance with applicable Township ordinances and shall not be
located in front yards. All pools, filters, heaters or any facilities
incidental thereto shall be not less than 10 feet from all side and
rear property lines.
(3)
Private tennis courts and all facilities incidental
thereto shall be located in rear yards and shall be not less than
15 feet from the side and rear property lines. Tennis courts shall
have drainage systems approved by the Township Engineer, specifically
with respect to the discharge of water onto adjacent properties.
(4)
Private stables and the keeping of horses shall
be permitted only when the lot area is not less than two acres. Grazing
areas shall be suitably fenced to contain the horses at all times.
Buildings or structures used for the housing and stabling of horses
shall be located in the rear yard not less than 50 feet from any property
line and not less than 100 feet from any street line.
C.
Solar
energy systems. Solar energy systems shall be permitted as an accessory
use to a principal use permitted under this chapter. Systems shall
be designed to supply no more power than required by the principal
use on the property.
[Added 9-7-2011 by Ord. No. 628]
(1)
Roof-mounted
solar energy systems shall not extend more than three feet above the
existing roof plane and shall not exceed the maximum allowable height
requirement for the district in which they are located.
(2)
Ground-mounted solar energy systems shall be permitted when authorized as a special exception by the Zoning Hearing Board. Such uses shall be subject to the general requirements of § 282-230 and the following specific standards:
(a)
Ground-mounted systems shall be set back from property lines
a distance equal to the required setback for a principal building
or a distance equal to the height of the system, whichever is greater.
In all cases, the entire installation must be located behind the rearmost
portion of the principal building.
[Amended 12-21-2016 by Ord. No. 669]
(b)
Installation shall be designed such that any reflection is directed
away or is properly buffered from adjoining properties.
(c)
The support structure shall be screened from adjoining properties
by evergreen plantings.
(d)
The maximum height of a ground-mounted system shall be 16 feet at
the highest point of the structure.
[Amended 8-9-2000 by Ord. No. 464]
No flag lot shall be hereafter created, except
within the ER or RA-1 Zoning Districts and pursuant to the following
conditions:
A.
The parcel of land being developed is of such a shape,
size and configuration that the use of a flag lot(s) is a reasonable
method of developing and providing access to the site.
B.
Calculation.
(1)
Flag lots are permissible based on the number
of lots ultimately approved and/or developed on a parcel, as follows:
(a)
For subdivision up to three lots, one flag lot
is permitted.
(b)
For subdivisions of four to 15 lots, two flag
lots are permitted.
(c)
For subdivisions of 16 to 30 lots, three flag
lots are permitted.
(d)
For subdivisions of 31 to 45 lots, four flag
lots are permitted.
(e)
For subdivision of 46 or more lots, no more
than five flag lots are permitted.
(2)
These calculations and the number of allowable
flag lots shall be based on the configuration of the overall property/parcel(s)
as of the effective date of this section. Where development is staged
or approved/developed pursuant to subdivision applications submitted
at different times, the total number of permissible flag lots is to
be based on the total number of subdivided lots ultimately approved
for the entire parcel as it was originally configured. A sketch plan
indicating the overall development scheme envisioned for the entire
parcel must be submitted with any application seeking subdivision
of only a portion of the parcel.
C.
No more than two flag lot access strips may be located
adjacent to each other, and any additional flag lot access strip to
another such lot shall be separated by a full, standard lot width,
as required by the district in which the land is located.
D.
The access strip serving any flag lot shall have a
minimum width of 25 feet and shall not exceed 300 feet in length,
as measured from the street right-of-way to the flag front line. No
portion of the access strip shall be counted as a part of the required
lot area.
E.
A single-family attached dwelling is the only type
of dwelling unit or other use permitted upon a flag lot.
F.
A driveway serving a flag lot shall be a minimum of
14 feet in width for its entire length, shall be unobstructed for
a height of 13 feet six inches, shall not exceed a 10% grade, shall
be paved, and shall be capable of supporting a vehicle with a gross
vehicle weight of 80,000 pounds.
[Amended 6-27-2007 by Ord. No. 561]
G.
The front yards of flag lots (the required yard closes to the street to which the flag lot gains access) must include a buffer planting, as required by § 250-38 of the Subdivision and Land Development Ordinance, along the full width of the lot.
[Amended 12-8-2004 by Ord. No. 536]
H.
Notwithstanding the general definition of front yard set forth in § 282-6 of this chapter, the front yard of any flag lot shall be a yard extending the full width of the lot and extending in depth from the flag front line to the nearest point of any structure on the lot.
I.
The required lot area and front yard dimension of
flag lots shall be 150% of the minimum otherwise specified for the
zoning district in which the lot is located.
[Added 6-27-2007 by Ord. No. 561]
J.
All flag lots shall be provided with stormwater management
facilities designed to mitigate the effect of any existing drainage
issues on the site as well as the expected increased runoff from proposed
construction. All roof water, downspouts, and sump pump discharges
shall be controlled as part of the stormwater management plan. Documentation
necessary to evaluate compliance with this section shall be submitted
with any subdivision application proposing to create a flag lot.
[Added 6-27-2007 by Ord. No. 561]
[1]
Editor’s Note: Former § 282-204, Reverse frontage
lots, was repealed 7-22-2015 by Ord. No. 659.
[Amended 5-14-1997 by Ord. No. 420KK]
A.
The purpose of this section is to provide for conditional
uses as otherwise set forth in this chapter which are of an unusual
nature so that their operation may give rise to unique problems with
respect to their impact upon neighboring properties or public facilities.
B.
The following criteria shall be utilized by the Board
of Commissioners when acting upon any conditional use application
and it shall be the burden of the applicant to prove conformity with
these criteria:
(1)
Where applicable, there shall be market analysis
showing need and impact of the proposed use.
(2)
That the establishment, maintenance, or operation
of the conditional use will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
(3)
That the conditional use will not be injurious
to the use and enjoyment of the properties in the immediate vicinity
for the purposes already permitted nor substantially diminish and
impair property values within the neighborhood.
(4)
That the establishment of the conditional use
will not impede the normal and orderly development or improvement
of the surrounding property for uses permitted in the district.
(5)
That adequate utility access roads, drainage
and/or necessary facilities have been or are being provided beyond
those normally contemplated for the neighboring properties.
(6)
That adequate measures have been or will be
taken to provide ingress and egress designed so as to minimize traffic
congestion on public streets beyond what the normal impact would be
by a permitted use.
C.
Application for conditional use. All applications
for conditional use shall be made to the Board of Commissioners in
writing. The application shall contain all of the information customarily
provided for applications to the Zoning Hearing Board as well as any
information specified elsewhere in this chapter for the particular
conditional use being requested. Application fees and costs shall
be established from time to time by resolution of the Board of Commissioners
in the case of a change or amendment to the Zoning Map or this chapter.
D.
Notice. Public notice shall be given and written notice
shall be given to the applicant, the Zoning Officer and to any person
who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by rules
of the Board of Commissioners. In addition to the written notice provided
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
E.
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
F.
The Board of Commissioners shall render a written
decision or, when no decision is called for, make written findings
on the application within 45 days after the last hearing before the
Board.
G.
Conditional use approval shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of the order of the Board of Commissioners.
[Added 11-24-2003 by Ord. No. 513]
[1]
Editor's Note: Former § 282-206,
Commuter rail stations, was repealed 5-28-2008 by Ord. No. 569.
[Amended 8-9-2000 by Ord. No. 464]
Except for flag lots created pursuant to this
chapter, each and every lot hereafter created shall abut a public
street for a minimum distance equal to 75% of the required lot width
for the zoning district in which the lot is located.
In the case of lots with more than one street
frontage, yards abutting a street shall be treated as front yards
with respect to all regulations contained in this chapter. The first
of any remaining yards on such lots shall be treated as a rear yard,
and any other yards shall be treated as side yards.
The exterior storage of motor vehicles is prohibited
in all residential districts. The exterior storage of junk is prohibited
in all districts.
Home occupations as defined in Article II and permitted under the provisions of this chapter shall comply with the following regulations and standards:
A.
The occupation shall be conducted only by members
of the family residing on the premises and shall be conducted entirely
within the dwelling or a building accessory thereto.
B.
No more than one additional person (not a resident
in the dwelling) shall be employed by the practitioner of the home
occupation to provide secretarial, clerical or other similar assistance.
C.
No article may be sold or offered for sale that is
not produced by members of the immediate family residing on the premises.
D.
There shall be no public display of goods on the premises.
E.
Parking for any home occupation shall be provided in accordance with Article XXIV, Off-Street Parking and Loading, and shall be no closer than 25 feet to any property line.
F.
The space devoted to any home occupation shall not
exceed 400 square feet.
[Added 2-25-1998 by Ord. No. 420SS]
In recognition of the quasi-public nature of
wireless communications systems, the following regulations shall apply:
A.
Legislative intent.
(1)
To accommodate the need for wireless communications
antennas while regulating their location and number in the Township.
(2)
To minimize adverse visual effects of wireless
communications antennas and antenna support structures through proper
design, siting and vegetative screening.
(3)
To avoid potential damage to adjacent properties
from antenna support structure failure and falling ice through engineering
and proper siting of antenna support structures.
(4)
To encourage the joint use of any new antenna
support structures to reduce the number of such structures needed
in the future.
B.
Use regulations.
(1)
A wireless communication site with antenna that
is attached to an existing communications tower, smoke stack, water
tower or other tall structure is permitted in all zoning districts.
The height of the antenna shall not exceed the height of the existing
structure by more than 15 feet.
(2)
A site with antenna that is not mounted on an
existing structure is prohibited in any residential district or within
200 feet of a residential district. Such sites may be located in nonresidential
districts when authorized by special exception.
(3)
All other uses ancillary to the antenna and
associated equipment (including a business office, maintenance depot,
vehicle storage, etc.) are prohibited from the site, unless otherwise
permitted in the zoning district in which the site is located.
C.
Standards of approval of special exceptions. In addition to the standards contained in § 282-230, the following standards shall apply; the burden of proof rests with the applicant:
(1)
The communications company is required to demonstrate,
using technological evidence, that the antenna must go where it is
proposed in order to satisfy its function in the company's grid system.
(2)
If the communications company proposes to build
a tower (as opposed to mounting the antenna on an existing structure),
it is required to demonstrate that it contacted the owners of buildings
or structures tall enough to accommodate the needs of the proposed
user within a one-fourth-mile radius of the site proposed, asked permission
to install the antenna on those structures and was denied for reasons
other than economic ones. This includes, without limitation, smoke
stacks, water towers, tall buildings, antenna support structures of
other communications companies, other communications towers (fire,
police, etc.) and other tall structures. The Township may deny the
application to construct a new tower if the applicant has not made
a good faith effort to mount the antenna on an existing structure.
(3)
Shared use. In order to reduce the number of
antenna support structures needed in the community in the future,
the proposed support structure shall be required to accommodate other
users, including other communication companies and local police, fire
and ambulance companies. If rental is charged, it must be demonstrated
to be commercially reasonable.
D.
Standards of approval of all wireless communication
antenna.
(1)
Antenna height. The applicant shall demonstrate
that the antenna is the minimum height required to function satisfactorily.
In any case, the maximum height of a new antenna shall be 200 feet.
(2)
Setbacks from the base of antenna support structure.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guy wire anchors and any
property line shall be the largest of the following:
(3)
Antenna support structure safety. The applicant
shall demonstrate that the proposed antenna and support structure
are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice or other debris, electromagnetic
fields or radio frequency interference. All support structures shall
be fitted with anti-climbing devices, as approved by the manufacturers.
(4)
Fencing. A fence shall be required around the
antenna support structure and other equipment, unless the antenna
is mounted on an existing structure. The fence shall be six feet in
height.
(5)
Landscaping. In addition to the landscaping
requirements of the Subdivision and Land Development Ordinance,[1] the following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure and any other ground level features (such as
a building), and in general soften the appearance of the site. The
Township may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping
if they achieve the same degree of screening as the required landscaping.
If the antenna is mounted on an existing structure and other equipment
is housed inside an existing structure, landscaping shall not be required.
(a)
An evergreen screen shall be required to surround
the site. The screen can be either a hedge (planted three feet on
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum) . The evergreen screen shall be a minimum height of six feet
at planting and shall grow a minimum of 15 feet at maturity.
(b)
In addition, existing vegetation on and around
the site shall be preserved to the greatest extent possible.
(6)
In order to reduce the number of antenna support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users, including
other communication companies and local police, fire and ambulance
companies. If rental is charge, it must be demonstrated to be commercially
reasonable.
(7)
The communication company must demonstrate that
it is licensed by the Federal Communications Commission.
(8)
Required parking. If the site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
equal the number of people on the largest shift.
(9)
Antenna support structures should be painted
silver or have a galvanized finish retained in order to reduce the
visual impact. Support structures may be painted green up to the height
of nearby trees. No antenna support structure may be artificially
lighted, except when required by the FAA or by the Township.
(10)
A full site plan shall be required for all sites,
showing the antenna, antenna support structure, building, fencing,
buffering, access and all other items required in the Township's Subdivision
and Land Development Ordinance.[2] The site plan shall not be required if the antenna is
to be mounted on an existing structure.
(11)
The support structure's foundation shall be
designed to accommodate a two-hundred-foot antenna, regardless of
the initial installation.
[Added 10-27-2021 by Ord.
No. 698A]
A.
Purpose. The purpose of this section is to establish policies and
procedures for the placement of small wireless facilities and associated
utility poles in rights-of-way within the Township of Hatfield's
jurisdiction, which will provide public benefit consistent with the
preservation of the integrity, safe usage, and visual qualities of
the Township's rights-of-way and the Township as a whole.
B.
Intent. In enacting this section, the Township is establishing uniform
standards to address issues presented by small wireless facilities
within the public rights-of-way, including, without limitation, to:
(1)
Limit interference with the use of streets, sidewalks, alleys,
parkways, public utilities, public views, certain Township corridors,
and other public ways and places.
(2)
Limit the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic.
(3)
Limit interference with the facilities and operations of facilities
lawfully located in rights-of-way or public property.
(4)
Limit environmental damage, including damage to trees.
(5)
Respect the character of the neighborhoods and other areas in
which facilities are installed.
C.
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
CO-LOCATE or CO-LOCATION
CODE
COMMUNICATIONS SERVICE PROVIDER
DAY
EMERGENCY
FCC
LAW
MICRO WIRELESS FACILITY
PERMIT
PERSON
RIGHT-OF-WAY or ROW
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
TOWNSHIP
UTILITY POLE
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An apparatus designed for the purpose of emitting radiofrequency
(RF) signals, to be operated or operating from a fixed location for
the provision of personal wireless service and any commingled information
services.
Zoning, uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization,
or local amendments to those codes, enacted solely to address imminent
threats of destruction of property or injury to persons, to the extent
not inconsistent with this section.
A person or entity that submits a siting application, and
the agents, employees, and contractors of such person or entity.
A request submitted by an applicant to a municipality:
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
The Code of Ordinances of Hatfield Township.
A cable operator, as defined in 47 U.S.C. § 522(5);
a provider of information service, as defined in 47 U.S.C. § 153(24);
a telecommunications carrier, as defined in 47 U.S.C. § 153(51);
or a wireless provider.
Calendar day.
A condition that:
The Federal Communications Commission of the United States.
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
A wireless facility that meets the following qualifications:
A written authorization required by the Township to perform
an action or initiate, continue, or complete a project.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Township.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township.
A facility that meets each of the following conditions:
The structure on which antenna facilities are mounted is 50
feet or less in height;
Each antenna (excluding associated antenna equipment) is cumulatively
no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Hatfield Township, Montgomery County, Pennsylvania.
A pole or similar structure that is used in whole or in part
for the purpose of carrying or providing lateral support to electric
distribution lines or cables or wires for telecommunications, cable
or electric service, or for lighting.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: 1)
equipment associated with wireless communications; and 2) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is co-located.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless facilities, or wireless support structures,
but that is not a wireless services provider.
A wireless infrastructure provider or a wireless services
provider.
Any services, whether at a fixed location or mobile, provided
to the public using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; existing billboard; or other existing or
proposed permitted structure designed to support or capable of supporting
wireless facilities. Such term shall not include a utility pole.
D.
Permitted use; application and fees.
(1)
Permit required. No person shall place a small wireless facility
or associated utility pole in the ROW without first filing an application
and obtaining a permit therefor, except as otherwise provided in this
section.
(2)
Application. All applications for permits filed pursuant to
this section shall be on a form, paper or electronic, provided by
the Township. The applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking
each page of such materials accordingly.
(3)
Application requirements. An application shall be made by the
wireless provider or its duly authorized representative, and shall
contain the following:
(a)
The wireless provider's name, address, telephone number,
and email address.
(b)
The applicant's name, address, telephone number, and email
address, if different than the wireless provider, and its interest
in the work.
(c)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(d)
A general description of the proposed work and the purposes
and intent of the small wireless facility. The scope and detail of
such description shall be appropriate to the nature and character
of the work to be performed, with special emphasis on those matters
likely to be affected or impacted by the work proposed.
(e)
A site plan, with sufficient detail to show the proposed location
of items the applicant seeks to install in the ROW, including any
manholes or poles, the size, type, and depth of any conduit or enclosure.
(f)
An attestation that the small wireless facilities will be fully
constructed by a wireless services provider within one year after
the permit issuance date, unless the Township and the applicant agree
to extend this period.
(g)
An attestation that, to the best of the applicant's knowledge,
the information contained in the application is true.
(4)
When application not required. An application shall not be required
for:
(a)
Routine maintenance;
(b)
The replacement of a small wireless facility with another small
wireless facility that is substantially similar or the same size or
smaller and still qualifies as a small wireless facility; or
(c)
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between existing
utility poles, in compliance with the National Electrical Safety Code.
(5)
Application fees. All applications for permits shall be accompanied
by a fee of $500 for a single up-front application that includes up
to five small wireless facilities, with an additional $100 for each
small wireless facility beyond five; and $1,000 in nonrecurring fees
for each new or replacement utility pole. Fees must be in compliance
with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S.
§ 11704.1 et seq., and can be changed by resolution of the
Hatfield Township Board of Commissioners.
(6)
Right-of-way management fee. The owner of the small wireless
facilities shall pay a right-of-way management fee of $270 per small
wireless facility by January 30 of every year. Fees must be in compliance
with the Act and can be changed by resolution of the Hatfield Township
Board of Commissioners.
(7)
Consolidated applications.
(a)
An applicant may submit a consolidated application for up to
20 small wireless facilities, if all the small wireless facilities
in the consolidated application are substantially the same type.
(b)
If the Township denies the application for one or more small
wireless facilities in a consolidated application, the Township may
not use the denial as a basis to delay the application process of
any other small wireless facility in the same consolidated application.
(c)
A single permit may be issued for siting and collocating multiple
small wireless facilities spaced to provide wireless coverage in a
contiguous area.
E.
Action on permit applications.
(1)
Review of small wireless facility and utility pole applications.
(a)
Within 10 days of receiving an initial application, the Township will determine and notify the applicant whether the application is materially complete. If an application is materially incomplete, as determined in the Township's discretion, the Township will specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in Subsection E(1)(b) shall restart at zero on the date which the applicant submits all the documents and information identified by the Township to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Township notifies the applicant within 10 days of the supplemental submission and clearly and specifically identifies the missing documents or information, the applicable shot clock set forth in Subsection E(1)(b) shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the Township to render the application complete.
(b)
All applications shall be processed on a nondiscriminatory basis,
and the Township shall approve or deny an application for:
(c)
An applicant and the Township may enter into a written agreement to toll the time periods set forth in Subsection E(1)(b).
(d)
If the Township fails to issue a decision on an application for a small wireless facility within the required time periods set forth in Subsection E(1)(b) of this section, the application shall be deemed approved.
(e)
The Township may deny a proposed co-location of a small wireless
facility or installation or modification of a utility pole only if
the proposed application:
[1]
Interferes with the safe operation of traffic control
equipment.
[2]
Interferes with sight lines or clear zones for
transportation or pedestrians.
[3]
Interferes with compliance with the Americans with
Disabilities Act or similar federal or state standards regarding pedestrian
access or movement.
[4]
Fails to comply with reasonable and nondiscriminatory
spacing requirements that apply to other communications service providers
and electric utilities in the ROW and that concern the location of
ground-mounted equipment and new utility poles. Such spacing requirements
shall not prevent a small wireless facility from serving any location.
[5]
Fails to comply with applicable codes.
(f)
The Township shall document the basis for a denial, including
the specific code provisions on which the denial was based, and send
the documentation to the applicant on or before the day the Township
denies an application. The applicant may cure the deficiencies identified
by the Township and resubmit the application within 30 days of the
denial without paying an additional application fee. The Township
shall approve or deny the revised application within 30 days. Any
subsequent review shall be limited to the deficiencies cited in the
denial.
(2)
Permit scope and effect. Installation, modification, or co-location
for which a permit is granted pursuant to this section shall be completed
within one year after the permit issuance date unless the Township
and the applicant agree to extend this period or a delay is caused
by the lack of commercial power or communications facilities at the
site. Approval of an application authorizes the applicant to:
(a)
Undertake the installation, modification, or co-location; and
(b)
Subject to applicable relocation requirements and the applicant's
right to terminate at any time, operate and maintain the small wireless
facilities and any associated utility pole covered by the permit for
a period of not less than 10 years.
(3)
Authority granted; no property right or other interest created.
A permit from the Township authorizes an applicant to undertake only
certain activities in accordance with this section, and does not create
a property right or grant authority to the applicant to impinge upon
the rights of others who may already have an interest in the ROW.
F.
Small wireless facilities in the ROW; maximum height; other requirements.
(1)
Technical requirements. Small wireless facilities and utility
poles installed to support small wireless facilities in the ROW shall
comply with the following requirements:
(a)
Each new or modified small wireless facility installed in the
right-of-way shall be installed on an existing utility pole or a new
utility pole subject to the following:
[1]
The installation of a small wireless facility on
an existing utility pole shall not extend more than five feet above
the existing utility pole.
[2]
If co-location on an existing utility pole cannot
be achieved under Section 4(i) of the Act,[1] a small wireless facility may be installed on a new or
replacement utility pole. The maximum permitted height of the facility,
which shall include the utility pole and small wireless facility,
shall not be taller than 50 feet above ground level.
[1]
Editor's Note: See 53 P.S. § 11704.4(i).
(b)
Maximum size. The small wireless facility must conform to the
size and height limitations as defined for a small wireless facility
in this section.
(c)
Utility poles. Utility pole installations, modifications, and
replacements relating to small wireless facility co-locations shall
be fabricated from material having a degree of strength capable of
supporting the small wireless facility, and shall be capable of withstanding
wind forces and ice loads in accordance with applicable standards.
A modification, installation, or replacement shall be securely bound
in accordance with applicable engineering standards.
(d)
Color. To the extent technically feasible, small wireless facilities
shall be of a color that is consistent with or most blends into the
structure on which they are installed, unless a different color, approved
by the Township, is needed for public safety or service reliability
reasons.
(e)
Wiring and cabling. Wires and cables connecting the antenna
and appurtenances serving the small wireless facility shall be installed
in accordance with the version of the National Electrical Code and
National Electrical Safety Code adopted by the Township and in force
at the time of installation. In no event shall wiring and cabling
serving the small wireless facility interfere with any wiring or cabling
installed by a cable television or video service operator, electric
utility, or telephone utility.
(f)
Guy wires restricted. Guy wires and similar support structures
may not be used as part of the installation of any small wireless
facility, unless the small wireless facility is proposed to be attached
to an existing utility pole that incorporated guy wires prior to the
date of the small wireless application.
(g)
Grounding. The small wireless facility, including any ground-mounted
equipment, shall be grounded in accordance with the requirements of
the most current edition of the National Electrical Code adopted by
the Township regarding grounding of wireless facilities.
(h)
Signage. Other than the minimal size of warning or notification
signs as required by federal law or regulations, or small identification
and location markings, a small wireless facility shall not have signs
installed thereon.
(i)
Access. Wireless providers and their employees, agents, and
contractors shall have the right of access to utility poles, wireless
support structures, and small wireless facilities in the ROW at all
times for purposes consistent with this section.
(2)
Other requirements. A wireless provider that seeks to co-locate
small wireless facilities or install or modify a utility pole supporting
small wireless facilities shall be subject to the following requirements:
(a)
Small wireless facilities shall be located such that they do
not interfere with a public health or safety facility, such as, but
not limited to, a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health
or safety facility. New utility poles and small wireless facilities
shall not be installed directly over any water, sewer, or reuse main
or service line.
(b)
To the extent technically feasible, new utility poles installed
to support small wireless facilities shall be made of the same or
similar material as existing poles in the immediate area.
(c)
Any tree-disturbing activity necessary for the installation
or co-location of small wireless facilities and utility poles installed
to support them shall comply with any applicable Shade Tree Commission
and Township Code and permitting requirements related to tree trimming
and/or removal.
(d)
Small wireless facilities and utility poles or wireless support
structures on which they are co-located shall not be lighted or marked
by artificial means, except when small wireless facilities are co-located
on a light pole or where illumination is specifically required by
the Federal Aviation Administration or other federal, state, or local
regulations.
(e)
A wireless provider shall repair, at its sole cost and expense,
any damages, including, but not limited to, subsidence, cracking,
erosion, collapse, weakening, or loss of lateral support to the Township's
streets, sidewalks, walks, curbs, gutters, trees, parkways, street
lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility line and systems, or sewer
or water systems and water and sewer lines directly resulting from
any activities performed in connection with the installation and/or
maintenance of a wireless facility in the ROW. The wireless provider
shall restore such areas, structures, and systems to substantially
the same condition in which they existed prior to the installation
or maintenance that necessitated the repairs.
(f)
Small wireless facilities shall blend in with the surrounding
environment or be otherwise concealed to the extent practicable.
(g)
Wireless support structures installed or replaced in order to
accommodate attached small wireless facilities shall be a minimum
of two feet from any sidewalk, path or trail and shall not obstruct
vehicular, pedestrian, or cyclist traffic or sight lines.
(h)
Antenna placement shall not materially impair light, air, or
views from adjacent windows.
(i)
Pole-mounted accessory equipment shall be mounted to provide
a minimum of eight feet vertical clearance from ground level.
(j)
All accessory equipment shall be contained within a single equipment
shroud or cabinet. Such equipment shroud or cabinet shall be of the
smallest dimensions technically feasible.
(k)
No accessory equipment shall feature any visible lighting, including
flashing indicator lights, unless required by state or federal law.
(3)
Underground provision. Small wireless facilities shall not be
located in a right-of-way in which all utility installations are presently
underground.
G.
Removal, relocation, or modification of small wireless facility in
the ROW.
(1)
Notice. Within 90 days following written notice from the Township,
wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change, or alter the
position of any small wireless facilities or utility pole for which
it has a permit hereunder whenever the Township has determined that
such removal, relocation, change or alteration is reasonably necessary
for the construction, repair, maintenance, or installation of any
Township improvement in or upon, or the operations of the Township
in or upon, the ROW. In such cases the Township shall work with the
provider to allow for continuity of service and use of an alternative
location as needed.
(2)
Emergency removal or relocation of facilities. The Township
retains the right to cut or move any small wireless facilities or
utility poles located within the ROW, as the Township may determine
to be necessary, appropriate, or useful in response to any public
health or safety emergency. If circumstances permit, the Township
shall notify the wireless provider and provide it an opportunity to
move its small wireless facilities or utility poles prior to cutting
or removing them, and in all circumstances shall promptly notify the
wireless provider after cutting or removing a small wireless facility
or utility pole.
(3)
Abandonment of facilities. The Township may require a wireless
provider to remove an abandoned small wireless facility or utility
pole permitted hereunder within 180 days of abandonment. Should the
wireless provider fail to timely remove the abandoned small wireless
facility or utility pole, the Township, upon providing 30 days'
prior written notice to provider, may remove the small wireless facility
or utility pole to be removed and may recover the actual cost of such
removal from the wireless provider. A small wireless facility or utility
pole shall be deemed abandoned at the earlier of the date that the
wireless provider indicates in any way that it is abandoning the small
wireless facility or utility pole, or the date that is 180 days after
the date that the small wireless facility or utility pole ceases to
be used, unless the wireless provider gives the Township reasonable
evidence that it is diligently working to place the small wireless
facility or utility pole back in service.
[Added 5-10-2000 by Ord. No. 462]
Public notice shall be given by the applicant
for any major land development or subdivision at such time and in
such manner as shall be prescribed by rules of the Township Board
of Commissioners. In addition to this notice, written notice shall
be conspicuously posted on the affected tract of land at least 10
days prior to the first appearance of the applicant before the Township
Planning Commission.
[Added 4-23-2003 by Ord. No. 507]
In order to establish an adult use, the following
criteria must be satisfied in addition to any other applicable criteria
set forth in this chapter and/or elsewhere. No adult use may be established:
A.
Less than 500 feet from any residential use or residential
zoning district.
B.
Less than 750 feet from the ultimate right-of-way
of a road or street with an ultimate right-of-way greater than 50
feet wide.
C.
Less than 750 feet from any business enterprise oriented
primarily toward children.
D.
Less than 1,000 feet from any church, hospital, school
and/or park.
E.
Less than 1,000 feet from any other adult use.
F.
Less than 1,500 feet from a municipal boundary.
[Added 5-12-2010 by Ord. No. 601]
An outdoor solid-fuel-burning appliance shall be operated for
the sole purpose of furnishing heat and/or hot water to a principal
or accessory structure pursuant to the following criteria:
A.
Outdoor
solid-fuel-burning appliances shall be permitted only in the ER Estate
Residential District, the RA-1 Residential District and the LI Light
Industrial District and shall not be permitted in any other zoning
districts.
B.
An
outdoor solid-fuel-burning appliance shall be located a minimum of
100 feet from all property lines.
C.
Only
natural, untreated wood and/or fuel as recommended by the appliance
manufacturer shall be burned in an outdoor solid-fuel-burning appliance.
Items such as, but not limited to, garbage, household trash or rubbish,
waste oil, plastic, newspapers or magazines, asphalt products, rubber
and/or any material not recommended by the appliance manufacturer
are prohibited from being burned in the appliance.
D.
All
outdoor solid-fuel-burning appliances that are used in Hatfield Township
shall be manufactured to meet or exceed the most recent standards
for manufacture of outdoor solid-fuel-burning appliances promulgated
by the U.S. Environmental Protection Agency (EPA), the Pennsylvania
Department of Environmental Protection or any other federal or state
agency which promulgates regulations regarding the manufacture of
such appliances, whichever is more strict. Outdoor solid-fuel-burning
appliances that are not labeled as being certified at least Phase
2 by the EPA are prohibited.
E.
All
outdoor solid-fuel-burning appliances must be UL-approved and must
be installed in strict accordance with the manufacturer’s requirements.
F.
Prior
to installing or operating an outdoor solid-fuel-burning appliance,
a permit must be obtained from the Hatfield Township Safety and Code
Enforcement Department. Proof of compliance with all of the provisions
of this section shall be required prior to the issuance of a permit.
A permit may be revoked at any time by Hatfield Township for violation
of any provision of this section.