This article is intended to provide standards
for applicants seeking approval for certain supplemental uses authorized
in various zoning districts and for other uses not specifically designated
within one or more zoning districts. Where supplemental uses occur,
they shall comply with the standards of this article to address their
particular impacts on land use.
B.
Standards for accessory apartments. Where authorized
under the terms of this chapter, accessory apartments may be created
in accordance with the following standards:
(1)
There shall not be more than one accessory apartment
created within any one single-family residential dwelling.
(2)
The owner of the lot on which both units are located
shall occupy either the primary residence or the accessory apartment.
(3)
The existing dwelling shall have a minimum floor area
of 1,250 square feet.
(4)
The minimum size of an accessory apartment shall be
300 square feet of gross habitable area.
(5)
The accessory apartment shall not comprise more than
25% of the gross habitable area of the existing dwelling prior to
creation of the accessory apartment.
(6)
The existing building shall conform to the area and
bulk requirements of the underlying district.
(7)
Exterior changes shall be limited to those customarily
associated with residential use conforming to the existing single-family
character of the neighborhood.
(8)
For properties utilizing an on-lot sewage treatment
system, the applicant shall demonstrate that the system is properly
sized to support sewage flows from the resulting dwelling unit.
(10)
An architectural plan, in accordance with Article V of the New Garden Township Subdivision and Land Development Ordinance, shall be submitted as part of the application, accurately drawn to scale, indicating the location and size of the existing and proposed dwelling units and parking areas, and any proposed exterior alterations.
A.
Intent. It is the specific intent of this section
to:
B.
General regulations. The following regulations shall
apply to all adult entertainment uses as defined by this chapter:
(1)
In no instance shall alcoholic beverages be sold,
distributed or consumed on the premises by any person or party associated
with the adult entertainment use including, but not limited to, the
owner, operator, employee, or patron.
(3)
Adult entertainment uses shall be set back no less
than 400 feet from the property line of existing residential uses.
(4)
Adult entertainment uses shall be set back from front,
side and rear lot lines a minimum of 50 feet.
A.
Indoor agricultural uses. The following standards
shall apply for all indoor agricultural uses:
(1)
Minimum lot size. The minimum lot size for indoor
agricultural uses shall be five acres.
(2)
Setback. Buildings, structures and other areas of
storage or maintenance of indoor agricultural products or raw materials
shall be set back a minimum of 100 feet from all lot lines.
(3)
Lot coverage. The maximum area of a lot covered by
all impervious surfaces shall be 15%, including buildings.
B.
Outdoor agricultural uses. The following standards
shall apply for all outdoor agricultural uses:
C.
Sale of agricultural products. Where the display and
sale of agricultural products are permitted, it shall be provided
that:
(1)
At least 70% of the agricultural products shall have
been produced on the property on which they are offered for sale or
on property contiguous to the property on which they are offered for
sale.
(2)
The sale of farm products shall be permitted only
on properties classified as indoor or outdoor agricultural uses as
defined by this chapter.
(3)
The sale of farm products shall remain an accessory
use for indoor and outdoor agricultural uses. No retail sales of nonagricultural
items shall be permitted.
(4)
Parking space for at least three cars shall be provided
for temporary and permanent structures.
(5)
The sale of agricultural products shall be conducted
from a permanent building or a temporary stand.
(a)
Temporary or permanent buildings may not exceed
600 square feet in area.
(b)
Such building shall be located at least 50 feet
from the right-of-way line of the road.
(c)
Temporary stands shall be dismantled at the
end of each growing season.
(d)
Parking shall be provided behind the highway
right-of-way line at a ratio of one space for each 200 square feet
of building floor area, or a minimum of three spaces.
The following regulations shall apply for antennas:
A.
The highest point of an antenna shall not be higher
than the setback of the antennas from the nearest lot line. When attached
to a building, the height of the antennas shall be measured from the
ground.
B.
No more than two antennas shall be permitted per lot.
C.
Nothing contained in this section shall supersede the provisions of Article XIII and any proposed antenna within the Airport Hazard Zone shall be in strict accordance with that article.
D.
Antennas shall be located only within the side or
rear yards of a lot, but not within the prescribed setback provisions
of an applicable district.
[Amended 8-13-2001 by Ord. No. 142; 2-21-2017 by Ord. No. 220]
A.
Purpose and intent.
(1)
The purpose and intent of this section is to establish uniform
standards for the siting, design, permitting, maintenance, and use
of wireless communications facilities in New Garden Township (herein
referred to as the "Township"). While the Township recognizes the
importance of wireless communications facilities in providing high-quality
communications service to its residents and businesses, the Township
also recognizes that it has an obligation to protect the public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communications
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 both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Encourage applicants to seek joint use of existing wireless
communications facilities and other tall structures;
(f)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, vegetative screening, material, color
and finish by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing structures, including utility poles, public
utility structures, buildings and other structures, where permitted;
(g)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations;
(h)
Preserve the rural, suburban and urban character of neighborhoods
adjacent to wireless communications facilities; and
(i)
Promote the health, safety and welfare of the Township's residents.
B.
General requirements for all tower-based wireless communications
facilities. The following regulations apply to all tower-based wireless
communications facilities (WCFs) in the Township:
(1)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or property in the Township.
(2)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the applicant shall mail notice to all owners of every property within
1,500 feet of the property upon which the proposed facility is located.
The applicant shall provide proof of the notification to the Township.
(3)
Monopole design. All tower-based WCFs shall be monopoles. Such
facilities shall be architecturally screened and landscaped to simulate
other structures existing in the district, such as light poles, flagpoles,
farm silos or trees; structures erected adjacent to trees or woodlands
shall be camouflaged to resemble wood trees with single trunks and
branches.
(4)
Uses by right on parcels owned and controlled by New Garden Township. Tower-based WCFs may be permitted on any parcel owned or controlled by New Garden Township following review and recommendation by the Planning Commission. Location of said antenna(s) shall be at the discretion of the Township. Antenna(s) mounted on an existing structure shall be constructed to simulate the architectural facade and/or color of the building, structure or object to which they are attached. Freestanding WCFs shall abide by the requirements of Subsection B(3) above. If a separate wireless communications equipment building is proposed as part of the WCF, such building shall be constructed to simulate the architectural facade and color of adjacent buildings.
(5)
Conditional uses. Tower-based WCFs are permitted in the following
zoning districts of the Township: the RI Low Density Residential District
(except all land within the district south of Broad Run Road); the
C/I Commercial-Industrial District and the ADZ Airport Development
Zone by conditional use, and only in such location within said districts
and at a height necessary to satisfy their function in the applicant's
wireless communications system. No applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
applicant shall demonstrate that the antenna/tower/pole for the tower-based
WCF is the minimum height necessary for the service area.
(a)
Prior to the Board of Supervisors' approval of a conditional
use authorizing the construction and installation of a tower-based
WCF in a zoning district where the same is a permitted conditional
use, it shall be incumbent upon the applicant for such conditional
use approval to prove to the reasonable satisfaction of the Board
that the applicant cannot adequately extend or infill its communications
system by the use of antennas and/or non-tower WCFs.
(b)
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communications
facilities and equipment, as well as a description of the type and
manufacturer of the proposed transmission/radio equipment.
(c)
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
(d)
Where the tower-based WCF is located on a property with another
principal use, the applicant shall present documentation to the Board
that the owner of the property has granted an easement for the proposed
WCF and that vehicular access will be provided to the facility.
(e)
The conditional use application shall demonstrate that the proposed
WCF complies with all other applicable regulations required in the
conditional use process.
(6)
Engineering inspection. Prior to the Township's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
Township a written certification of the proposed WCF's ability to
meet the structural standards offered either by the Electronic Industries
Association or the Telecommunication Industry Association and certify
the proper construction of the foundation and erection of the structure.
(7)
Visual appearance. Tower-based WCFs shall employ stealth technology.
As discussed herein, all related 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.
(a)
The Board of Supervisors may require that related equipment
and buildings which house electrical transmitter equipment be placed
underground, unless determined to be detrimental to the functioning
and physical integrity of such equipment.
(b)
In making this determination, the Board of Supervisors shall
consider whether its decision 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; benefit
neighboring properties by preventing 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.
(8)
Co-location and siting.
(a)
An application for a new tower-based WCF shall not be approved
unless the Township finds that the antenna and related equipment planned
for the proposed tower-based WCF cannot be accommodated on an existing
or approved structure or building. The Board of Supervisors may deny
an application to construct a new tower-based WCF if the applicant
has not made a good faith effort to mount antenna(s) on an existing
structure as set forth in this section. The applicant shall demonstrate
that it contacted the owners of tall structures, buildings and towers
within a 1/4 of a mile radius of the site proposed, sought permission
to install antenna on those structures, buildings and towers and was
denied for one of the following reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost;
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure or tower, and the interference cannot be prevented
at a reasonable cost;
[3]
Such existing buildings, structures or towers do not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; or
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure or tower.
(b)
An application for replacement, co-location or modification
of a previously approved wireless support structure or WCF shall be
reviewed for conformance with the Township's building permit requirements,
including requirements applicable to the added structural loading
of the proposed antennas and accessory equipment. These previously
approved facilities shall not be subject to the issuance of new zoning
or land use approvals, provided that there is no substantial change.
(9)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operations in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCFs.
(10)
Additional antennas. As a condition for approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of the tower-based WCF shall not install any additional
antennas or mount any WCF without first submitting detailed construction
and elevation drawings for review and obtaining the prior written
approval of the Township.
(11)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and the Telecommunications
Industry Association (ANSI/EIA/TIA-222-E, as amended).
(12)
Height. Tower-based WCFs 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 40 feet, as measured vertically from the ground
level, including any base pad, to the highest point on the structure,
including antennas and subsequent alterations. Should the WCF applicant
prove that another provider of wireless communications services has
agreed to co-locate antennas on the applicant's tower-based WCF and
requires a greater tower height to provide satisfactory service for
wireless communications than is required by the applicant, the total
height of such Tower may exceed 40 feet if the applicant is granted
a waiver from the Board; however, in no event shall the tower-based
WCF exceed 120 feet.
(13)
Related equipment building. Any building or other structure
housing related equipment shall comply with the required yard height
requirement of the applicable Zoning District for an accessory structure.
(14)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties. If measurable interference does result from the installation
and use of the tower-based WCF, the owner of the tower-based WCF shall
take immediate appropriate measures to abate the interference or cease
operation.
(15)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(16)
Radio frequency emissions. No tower-based WCF may, 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.
(17)
Historic buildings or districts. No tower-based WCF shall be located on property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts maintained by the Township. No tower-based WCF shall be located on an immediately adjacent property and/or on an immediately adjacent building or structure unless it can be shown to the satisfaction of the Board that the requirements of § 200-119B(7) can be met in a manner that does not adversely affect the context of the historic resource.
(18)
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.
(19)
Lighting. No tower-based 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.
(20)
Noise. Tower-based 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 or for the purpose of periodic maintenance
by the wireless communications provider's technicians, where such
noise standards may be exceeded on a temporary basis only.
(21)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(22)
Retention of experts. 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 tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions to the Zoning Ordinance. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
(23)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant in writing of any information
that may be required to complete such application. All applications
for WCFs on existing structures shall be acted upon within 90 days
of the date of a fully completed application for the approval of such
WFC. All applications for tower-based WCFs shall be acted upon within
150 days of the receipt of a fully completed application for the approval
of such tower-based WCF, and the Township shall advise the applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period.
(24)
Nonconforming uses. 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 applicable terms and conditions of this section. Co-location on
existing nonconforming WCFs is permitted.
(25)
Removal. In the event that use of a tower-based WCF is planned
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. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility 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 accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF or the owner of the property
upon which the WCF is located.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within 90 days of the date of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(26)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs. Such
fees shall be adopted by resolution of the New Garden Township Board
of Supervisors.
(27)
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.
(28)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including,
but not limited to, visual impact, design and safety standards.
(29)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township 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. Each person that owns or operates a tower-based WCF less than
40 feet in height shall provide the Township 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 tower-based WCF.
(30)
Indemnification. Each person that owns or operates a tower-based
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 tower-based WCF. Each person that owns or operates
a tower-based 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 tower-based 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 attorney's fees, reasonable expert fees, court costs and
all other costs of indemnification.
(31)
Facility security. All tower-based WCFs shall have an integral
security platform, or other means with locked access, to prevent unauthorized
climbing of the tower.
(32)
Engineer signature. All plans and drawings for a tower-based
WCF structure/tower and antenna shall contain a seal and signature
of a professional structural engineer, licensed in the Commonwealth
of Pennsylvania.
(33)
Financial security. Prior to the receipt of a zoning permit
for the construction or placement of a tower-based WCF, the applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(34)
Proof of annual inspection.
(a)
The owner of a tower-based WCF shall submit, on an annual basis,
proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E
Code, as amended. Based on the results of such inspection, the Board
of Supervisors may require removal or repair of the tower-based WCF.
(b)
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the WCF fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 200-146.
C.
Tower-based WCF outside of the rights-of-way. The following additional
regulations shall apply to tower-based wireless communications facilities
located outside the rights-of-way:
(1)
Location. Tower-based WCFs which are 40 feet or higher in height
shall not be located within 75 feet of any underground utilities (except
for sewer and water) and except as otherwise permitted by the Zoning
Ordinance. Such tower-based WCFs may be located in the following zoning
districts:
(2)
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot, provided that the underlying lot is at least one acre.
The minimum distance between the base of a tower-based WCF and any
adjoining property line or street right-of-way line shall equal 110%
of the proposed WCF structure height. No more than one WCF may be
permitted per lot.
(3)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use on or on a vacant parcel in combination
with another use subject to the following conditions:
(a)
The existing use on the property shall be any permitted use
in the applicable district and need not be affiliated with the WCF.
(b)
Minimum setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall equal 110% of the proposed height of the tower-based WCF.
At the Board's sole discretion, the Board may allow a reduced setback
if it is demonstrated to the reasonable satisfaction of the Board
that in the event of failure the WCF is designed to collapse upon
itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
(4)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
the applicant's operation in the applicable area and that the type
of WCF being proposed is the least intrusive means by which to fill
that gap in wireless coverage or upon demonstration that lack of adequate
capacity is likely to exist within one year of the filing of the application
with respect to the applicant in the area. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of a tower-based WCF.
(5)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact which shall be subject to the final
approval of the Township.
(b)
To the extent permissible by law, any height extensions to a
tower-based WCF shall require prior approval of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(6)
Surrounding environs.
(a)
The tower-based 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)
Evergreen bushes or other appropriate native plant opaque shrubs,
a minimum of five feet in height, shall be planted immediately adjacent
to the fencing at an interval not greater than three feet on center,
except adjacent to that portion of the fence at which is located an
access gate.
(c)
Soil report. The applicant shall submit a soil report to the
Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/ETA 222-B, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
(7)
Screening.
(a)
A security fence constructed of wood or wood-like composite
material, having a maximum height of 10 feet, shall completely surround
any tower-based WCF greater than 40 feet in height, as well as guy
wires, or any building housing WCF equipment. The fence shall not
be topped with barbed wire.
(b)
Landscaping. The applicant shall provide a plan prepared by
a landscape architect showing landscaping proposed to be installed
to screen and buffer the wireless communications facility. The landscape
plan shall incorporate a mix of native vegetation, including evergreens,
shrubbery and trees, which shall not be less than the height of the
fence and shall be of sufficient density to screen the facility. Fences
shall be designed and constructed in such a manner that unauthorized
entry onto the site is precluded. Existing vegetation on and around
the wireless communications facility shall be preserved to the greatest
extent possible. All proposed landscaping shall comply with the requirements
of the Township's Zoning Ordinance. Applicants shall submit a visual
survey from mutually agreed upon vantage points in order to support
the proposed landscaping plan's mitigation of visual impacts.
(8)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground unless the applicant can demonstrate
to the satisfaction of the Township that the equipment cannot be located
underground, in which case the ground-mounted equipment shall be screened
from public view using stealth technologies, as described herein.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(9)
Access road. An access drive, turnaround space and necessary
parking shall be provided to ensure adequate emergency and service
access to a tower-based WCF. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Township that the
property owner has granted an easement for the proposed facility.
(10)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(11)
Inspection. The Township reserves the right to inspect any tower-based
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.
D.
Tower-based WCF in the rights-of-way. The following regulations shall
apply to tower-based wireless communications facilities located in
the rights-of-way (ROW):
(1)
Location. Tower-based WCF which are 40 feet or shorter in height
shall not be located within 50 feet of any underground utilities (except
for sewer and water) and shall not be located within any right-of-way
that directly fronts or abuts the front yard setback area of a residential
dwelling. Such tower-based WCFs are permitted within certain districts
along certain corridors and roadways, regardless of the underlying
zoning district, as follows:
(2)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(3)
Permit required. A road opening permit shall be required.
(4)
Equipment location. Tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. Additionally:
(a)
In no case shall ground-mounted equipment, walls or landscaping
be located within 18 inches of the edge of the roadbed or the face
of the curb.
(b)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(5)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact, subject to the approval of the Township.
(b)
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height.
(c)
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require approval of
the Township and shall not increase the overall height of the tower-based
WCF to more than 40 feet.
(d)
Any proposed tower-based WCF shall be designed structurally,
electrically and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(6)
Relocation or removal of facilities. Within 60 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 tower-based WCF in the ROW shall at its
own expense temporarily or permanently remove, relocate, change or
alter of 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:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(7)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly tower-based WCF related to the Township's
actual ROW management costs, including but not limited to the costs
of administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Township. The
owner of each tower-based 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.
E.
General requirements for all non-tower wireless communications facilities.
(1)
The following regulations shall apply to all non-tower wireless
communications facilities located within the Township:
(a)
Accessory use to existing electrical transmission structures.
Non-tower WCFs shall be considered to be an accessory use to existing
electrical transmission structures, when affixed to such transmission
structures, and shall by right be permitted in all zoning districts
in the Township where transmissions structures are permitted.
(b)
Standard of care. Any non-tower WCFs shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(c)
Wind. All non-tower WCFs shall be designed to withstand the
effects of wind according 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).
(d)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(e)
Public safety communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by the occupants of
nearby properties. If measurable interference does result from the
installation and use of the non-tower WCF, the owner of the non-tower
WCF shall take immediate appropriate measures to abate the interference
or cease operations.
(f)
Radio frequency emissions. Non-tower WCFs shall not by themselves
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.
(g)
Removal. In the event that use of a non-tower WCF is 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.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months
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.
(h)
Time of approval. Within 30 calendar days of the date that an
application for a non-tower WCF is filed with the Township, the Township
shall notify the applicant in writing of any information that may
be required to complete such application. Within 90 calendar days
of the receipt of a complete application, the Township shall make
its final decision in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the additional information shall
not be counted toward the Township's ninety-day review period. The
time of approval shall not apply to any non-tower WCF required to
proceed through conditional use approval.
(i)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage and property damage coverage; coverage
amounts shall be established in consultation with the Board of Supervisors.
In no case shall general liability coverage be less than $1,000,000
per occurrence and property damage coverage be less than $1,000,000
per occurrence covering the non-tower WCF.
(j)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at is 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 non-tower WCF. Each person that owns or operates
a non-tower 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 non-tower 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
attorney's fees, reasonable expert fees, court costs and all other
costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(l)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any non-tower WCF for numerous factors, which include
but are not limited to visual impact and design and safety standards.
(m)
Historic buildings. No non-tower WCF shall be located on property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is included in the official historic structures and/or historic districts maintained by the Township. No non-tower WCF shall be located on an immediately adjacent property and/or on an immediately adjacent building or structure unless it can be shown to the satisfaction of the Board that the requirements of § 200-119B(7) can be met in a manner that does not adversely affect the context of the historic resource.
(n)
Proof of annual inspection.
[1]
The owner of a non-tower WCF shall submit on an annual basis
proof of inspection of the facility as required by the ANSI/EIA/TIA-222-E-Code,
as amended. Based on the results of such inspection, the Board of
Supervisors may require removal or repair of non-tower WCFs.
[2]
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the WCF fails to make the necessary repairs or to remove the facility when directed by the Board of Supervisors, the owner shall be subject to civil enforcement proceedings in accordance with § 200-146.
(2)
In addition to the regulations of Subsection E(1) of this section, the following regulations shall apply to all non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
(a)
Non-tower WCFs that do not substantially change the physical
dimension of the wireless support structure may be eligible for a
sixty-day time frame for review. The applicant shall assert such eligibility
in writing to the Township and provide documentation reasonably related
to the determining whether the application is eligible for the shortened
review time frame. If warranted, such application shall be reviewed
within the sixty-day time frame.
(b)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 25 feet of a lot
in residential use or zoned residential.
(c)
Permit required. Applicants proposing the modification of an
existing tower-based WCF, in order to accommodate a non-tower WCF,
shall obtain the applicable permit from the Township zoning office.
In order to be considered for such permit, the WCF applicant must
submit a permit application to the Township in accordance with applicable
permit policies and procedures.
(d)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs. Such fees
shall be adopted by resolution of the New Garden Township Board of
Supervisors or $1,000, whichever is less.
(3)
In addition to the regulations in Subsection E(1) of this section, the following additional regulations shall apply to all non-tower wireless communications facilities that do substantially change the wireless support structure to which they are attached:
(a)
Prohibited on certain structures. Non-tower WCFs shall not be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(b)
Conditional use authorization. When the Pennsylvania Wireless
Broadband Collocation Act (WBCA) does not apply to the proposed siting
of a new non-tower WCF application, the approval process for such
application shall be conditional use. When a conditional use application
is required, the regulations set forth in this section shall apply
to the facility, dependent upon its proposed location. New construction
and modifications that do not fall within the provisions of the WBCA
shall be prohibited without conditional use authorization.
(c)
Historic Buildings. Non-tower WCFs shall not be located on a
property, and/or on a building or structure that is listed on either
the National or Pennsylvania Registers 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.
(d)
Retention of experts. 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 these provisions. The applicant and/or owner of
the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(e)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs. Such fees
shall be adopted by resolution of the New Garden Township Board of
Supervisors.
F.
Non-tower wireless communications facilities outside of the rights-of-ways.
The following additional regulations shall apply to non-tower WCFs
located outside the rights-of-way that substantially change the wireless
support structure to which they are attached:
(1)
Developing regulations. Non-tower WCFs shall be co-located on
existing structures, such as existing buildings or tower-based WCFs
subject to the following conditions:
(a)
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total dimensions,
including height, of the non-tower structure. Such documentation shall
be analyzed on an individual basis.
(b)
The height of a non-tower WCF affixed to an electrical transmission
structure shall be no higher than six feet above the height of the
underlying structure to which the non-tower WCF is affixed.
(c)
The total height of any nonelectrical transmission support structure
and mounted WCF shall not exceed the maximum height permitted in the
underlying zoning district, unless the WCF applicant applies for and
subsequently obtains a variance.
(d)
If the WCF applicant proposes to locate related equipment in
a separate building, the building shall comply with the minimum requirements
for the applicable zoning district.
(e)
A security fence constructed of wood or wood-like composite
material, having a maximum height of 10 feet shall completely 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.
(f)
Landscaping shall be required to screen as much of the newly
constructed WCF, equipment building, and related equipment as possible.
Landscaping shall include a mix of native vegetation, including evergreens,
shrubbery and trees, which shall not be less than the height of the
fence and shall comply with the Township's Environmental Protection
Ordinance and Subdivision and Land Development Ordinance. Applicants
shall submit a visual survey from mutually agreed upon vantage points
in order to support the proposed landscaping plan's mitigation of
visual impacts.
(2)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to maximize aesthetic impact.
The application of stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
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 the design regulations enumerated in this section.
(3)
Removal, replacement and modification. The removal and replacement
of non-tower WCFs and/or accessory equipment for the purpose of upgrading
or repairing the WCF is permitted, so long as such repair or upgrade
does not increase the overall size of the WCF or the numbers of antennas.
Any material modification to a WCF shall require a prior amendment
to the original permit or authorization.
(4)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance 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.
G.
Non-tower wireless communications facilities in the public rights-of-way.
The following additional regulations shall apply to all non-tower
wireless communication facilities located in the public rights-of-way:
(1)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the applicant shall locate
its non-tower WCFs on existing poles that do not already act as wireless
support structures with Township approval.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public
ROW, including on streetlights and joint utility poles, shall consist
of equipment components that are no more than six feet in height above
the height of the underlying structure to which the non-tower WCF
is affixed. All equipment shall be the smallest and least visibly
intrusive equipment feasible.
(b)
Antennas, support equipment, and related equipment shall be
treated to match the supporting structure. WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
(3)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(4)
A road opening permit shall be required.
(5)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the edge of the cartway or the face
of the curb or within an easement extending onto a privately owned
lot.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
and other decorative features, as needed, to the satisfaction of the
Township. Landscaping shall include a mix of native vegetation, including
evergreens, shrubbery and trees, which shall not be less than the
height of the fence and shall be sufficient density to screen the
facility. All proposed landscaping shall comply with the requirements
of the Township's Zoning Ordinance. Applicants shall submit a visual
survey from mutually agreed upon vantage points in order to support
the proposed landscaping plan's mitigation of visual impacts.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Township.
(6)
Relocation or removal of facilities. Within 60 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 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 have determined
that such removal, relocation, change or alteration is reasonable
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency determined by the Township.
Commercial composting shall comply with the
following regulations:
A.
Where composting is performed indoors, the minimum
lot size shall be 30 acres. All structures and composting facilities
shall be set back from all property lines by a minimum of 100 feet.
(1)
Indoor composting facilities, including the storage of raw materials
and by-products associated with composting are prohibited in the following
locations: within the one-hundred-year floodplain; within 100 feet
of a wetland; within 100 feet of a sinkhole; within 100 feet of a
stream or other waters of the commonwealth; within 300 feet of a drinking
water source; within 100 feet of the property boundary; and in areas
where seasonal high water table is less than 20 inches from surface
during any season of the year if carried out on bare soil.
[Added 4-25-2016 by Ord.
No. 217]
B.
Where commercial composting is performed outdoors,
the minimum lot size shall be 100 acres. All structures and composting
facilities shall be set back from all property lines by a minimum
of 200 feet.
(1)
Outdoor composting facilities, including storage of raw materials
and by-products associated with composting, are prohibited in the
following locations: Within the one-hundred-year floodplain; within
100 feet of a wetland; within 100 feet of a sinkhole; within 100 feet
of a stream or other waters of the commonwealth; within 300 feet of
a drinking water source; within 200 feet of the property boundary;
and, in areas where seasonal high water table is less than 20 inches
from the surface during any season of the year if carried out on bare
soil.
[Added 4-25-2016 by Ord.
No. 217]
C.
Maximum impervious lot coverage for commercial composting shall not
exceed 65% of the net lot/tract area.
[Added 4-25-2016 by Ord.
No. 217]
A.
Intent. It is the intent of this section to promote
the following goals:
(1)
To encourage the establishment of a sufficient number
and a variety of day-care arrangements in safe and convenient locations
through the Township in order to accommodate the growing demand of
residents and workers for such services, while meeting the operational
and physical standards of the Pennsylvania Department of Public Welfare
(DPW).
(2)
To permit family and group day-care homes to be located
in residential surroundings so as to offer children a home environment
conducive to healthy and safe development, while adhering to standards
designed to preserve the residential character of neighborhoods in
which such child day-care home may be situated.
B.
General provisions. The following general provisions
apply to each of the three defined types of day-care facilities. In
addition, each type of day-care facility shall comply with the specific
individual regulations for each type of facility.
(1)
Categories included. The provisions of this section
pertain to day-care service for children, elderly or handicapped individuals
by care givers in "family day-care homes," "group day-care homes,"
and "day-care centers," except that children, elderly and handicapped
individuals may not be cared for in the same facility.
(2)
Registration and licensing. Family day-care homes,
as defined in this chapter, must hold an approved and currently valid
DPW registration certificate. Group day-care homes and day-care centers,
as defined in this chapter, must hold an approved and currently valid
DPW license. In addition, all child day-care facilities shall comply
with all current DPW regulations including those standards governing
adequate indoor space, accessible outdoor play space, and any applicable
state or local building and fire safety codes.
(3)
Municipal notification. Each operator of a newly established
day-care facility shall notify the Township in writing at least 10
days prior to the initiation of such use, for the purpose of allowing
the Township to establish a record of the new land use and for the
purpose of issuing a permit for the intended use. Already existing
licensed or registered facilities shall be required to notify the
Township of its operation in writing at least 60 days after the enactment
of this chapter. In addition, the operator of any facility must certify
compliance with all aspects of this chapter and all other applicable
Township requirements including the use permit as required by the
Township.
(a)
Family day-care homes must provide proof of
an approved DPW registration certificate at the time of initial notification
to the Township, and must show proof of the registration renewal every
two years.
(b)
At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Township in writing at least 10 days prior to the expansion of the use and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in Subsection D of this section.
(4)
Inspection. The operator of a family day-care home,
group day-care home, or day-care center will allow appropriate representatives
of the Township to enter the property at reasonable times to inspect
such use for compliance with the requirements of this section and
all other applicable Township and state ordinances.
(6)
General safety. No portion of a day-care facility
shall be located within a three-hundred-foot distance from any activity
which would pose a threat to the safety and welfare of the children,
staff or other occupants at the facility. Hazardous land use or activities
include, but shall not be limited to, gasoline service stations, heavy
industrial operations, storage of flammable or high pressure underground
pipelines and truck or rail loading areas.
(7)
Hours of outside play. Outside play shall be limited
to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever
comes first.
(8)
Outdoor play area. An outdoor play area shall be provided
for any proposed day-care facility.
(a)
Outdoor play area. An on-site outdoor play area
shall be located in yard areas which provide adequate separation,
safety, and protection from adjoining uses, properties, and roadways.
The on-site outdoor play area shall be located in the back yard or
rear of the proposed facility. Designated on-site outdoor play areas
shall be set back at least 10 feet from all property lines.
(b)
Fencing of outdoor play area. In order to physically
contain the activity of children in the outdoor play area, a minimum
four-foot-high fence shall be erected along the perimeter of the outdoor
play area. Fencing may be substituted by natural barriers such as
hedgerows, walls and dense vegetation, if it can be demonstrated that
such barriers can effectively contain the activity of the children.
If there are unsafe areas, such as open drainage ditches, wells, holes
and heavy street traffic in or near to an outdoor play area, there
shall be fencing to restrict children from these areas.
(c)
Outdoor play area dimensions.
[1]
Six thousand square feet of outdoor play area
shall be provided by a day-care facility which contains four to six
children.
[2]
Eleven thousand square feet of outdoor play
area shall be provided by a day-care facility which contains seven
to 11 children.
[3]
Twenty-two thousand square feet of outdoor play
area shall be provided by a day-care facility which contains 12 to
25 children.
[4]
Forty-four thousand square feet of outdoor play
area shall be provided by a day-care facility which contains 26 to
50 children.
(9)
Indoor play area. One hundred square feet of indoor
play area shall be provided for each child within a day-care facility,
but shall be no less than 500 square feet.
(10)
Altering exterior of residential structures.
Any addition or improvements to an existing residential structure
or property for purposes of day care shall preserve its residential
character. The scale, bulk, height and roof pitch of any addition
and the building materials used shall be compatible with the existing
structure. Any improvements to the structure shall be in compliance
with all other applicable Township regulations relating to building
and/or zoning permits.
(11)
Traffic impact study. Any proposed day-care
facility which will generate 100 or more new trips during the morning
or evening peak hour shall be required to conduct a traffic impact
study.
(a)
The purpose of the traffic impact study is to
provide the Board of Supervisors with adequate information and data
to properly assess:
[1]
The impact of the proposed facility on the surrounding
road and street network as well as on streets and roads providing
immediate access to the proposed development.
[2]
The need for capital improvements to the existing
transportation network which will be needed to accommodate the additional
traffic generated by the proposed facility.
[3]
Traffic and/or pedestrian safety issues which
may arise from the proposed facility.
(12)
On-lot sewage disposal. For properties utilizing
an on-lot sewage disposal system, the applicant shall demonstrate
that the system is properly sized to accommodate sewage flows from
the registered or licensed capacity of the day-care facility.
(13)
Minimum lot area. The minimum lot area for any
proposed day-care facility shall comply with the minimum lot area
requirements of the applicable zoning district in which the proposed
facility is located.
(14)
Choice of access streets. When streets of different
classifications are involved, the driveway of the proposed day-care
facility shall provide access to the street of lesser functional classification.
C.
Family day-care home standards.
(1)
Family day-care homes shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed family day-care home shall comply with the general provisions for all types of day-care facilities in Subsection B in addition to the following criteria.
(2)
Development standards. Family day-care homes shall
comply with all area and bulk standards as required by the district
in which the intended use is located in addition to the following
criteria.
(3)
Drop-off area. One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it cannot be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to Article VI of the New Garden Township Subdivision and Land Development Ordinance[1] that regulates dimensional standards for residential parking
spaces.
(a)
In cases where the drop-off area cannot be accommodated
on the site, the applicant shall demonstrate that there is on-street
parking or some other available parking area located within 250 feet
of the property line of the proposed facility.
(b)
The required drop-off area may be waived by
the Township if the applicant can demonstrate that the clients of
the family day-care home will walk to the facility, thereby eliminating
the need for the additional parking space.
D.
Group day-care home standards.
(1)
Group day-care homes shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed group day-care home shall comply with the general provisions for all types of day-care facilities in Subsection B as well as the following criteria.
(2)
Development standards. Proposed group day-care homes
shall conform to the following standards, in addition to complying
with the area and bulk regulations of the underlying district:
(a)
Minimum distance between facilities.
[1]
Residential zoning districts. In order to avoid
a concentration of individual group day-care homes in residential
neighborhoods and maintain a residential character, group day-care
homes shall be located a minimum of 500 feet from each other as measured
from the respective property lines. This dispersion requirement shall
not apply in cases where a proposed group day-care home is located
within 300 feet of a school facility or church which provides day-care
services.
[2]
Nonresidential zoning districts. No minimum
distance requirement applies.
(b)
On-site parking. There shall be one additional
on-site parking space provided for each nonresident employee in addition
to those required for the residential use.
(c)
Drop-off area. A drop-off area shall be provided
with sufficient area to allow the temporary parking of two vehicles.
An existing driveway or common parking lot spaces may be used for
the drop-off area if it can be demonstrated that there is sufficient
space available in the driveway that is not otherwise occupied or
committed to safely accommodate required parking. If a driveway is
used for the drop-off area and the proposed use fronts an arterial
or major collector street, an on-site turnaround area shall be provided
so that vehicles can exit the site driving forward. In cases where
the existing driveway cannot function as a drop-off area, two new
on-site drop-off spaces shall be provided. In cases where the on-site
drop-off area cannot be accommodated, the applicant shall demonstrate
that there is on-street parking or some other available parking area
located within 250 feet of the property line of the proposed facility.
(d)
Signs.
[1]
Residential zoning districts. Signs in a residential zoning district shall comply with standards established in § 200-112 of this chapter.
[2]
Nonresidential zoning districts. Signs in nonresidential
zoning districts shall comply with the standards governing signs for
the zoning district in which the proposed use is located.
(e)
Group day-care homes shall provide no more than
one nonresident employee care giver.
E.
Day-care center standards.
(1)
Day-care centers shall be permitted in accordance with the provisions of the underlying zoning district in which the use is located. Furthermore, any proposed day-care center shall comply with the general provisions for all types of day-care facilities in Subsection B in addition to the following criteria.
(2)
Development standards. Day-care centers shall comply
with all area and bulk regulations of the underlying district as well
as the following standards:
(a)
Minimum distance between facilities.
[1]
Residential zoning districts. In order to avoid
a concentration of individual day-care centers in residential neighborhoods,
day-care centers shall be located a minimum of 500 feet from each
other as measured from respective property lines when located within
residential zoning districts. This dispersion requirement shall not
apply in cases where a proposed day-care center is located within
300 feet of a school facility or church which provides care services.
[2]
Nonresidential zoning districts. No minimum
distance requirement applies.
(b)
On-site parking for employees and clients. A
minimum of one on-site parking space shall be provided for each 300
square feet of floor area dedicated to care and one parking space
per employee.
(c)
Drop-off area.
[1]
Number of drop-off spaces. A minimum of one
safe drop-off space shall be provided for each 20 persons that the
facility is licensed to accommodate.
[2]
Drop-off area location and design. Whenever
possible, the drop-off area shall be located immediately adjacent
to the facility. The drop-off area should be designed in such a way
that pedestrians do not cross vehicular traffic lanes in any parking
area or driveway. The drop-off area may be designed either as a part
of the on-site parking area or the required drop-off spaces may be
designed as a part of driveway providing direct access to the day-care
facility. When the drop-off area is incorporated into the on-site
parking area, the parking spaces nearest to the facility shall be
designated as drop-off spaces. When the drop-off area is incorporated
into a driveway, the drop-off spaces shall be located within a vehicle
turnout area 12 feet in width exclusive of the driveway through traffic
lane(s).
(e)
Signs.
[1]
Residential zoning districts. Signs in a residential zoning district shall comply with standards established in § 200-112 of this chapter.
[2]
Nonresidential zoning districts. Signs in nonresidential
zoning districts shall comply with the standards governing signs for
the zoning district in which the proposed use is located.
(f)
Lighting. Lighting shall be designed according to the standards established under § 200-106 of this chapter.
(g)
Entrance/exit accessibility. When located in
a multiuse building complex, day-care center entrances/exits shall
provide direct access to the care center so that walking through other
significant portions of the building is avoided.
(h)
Soundproofing. When collocated in any building
employing noisy operations, the Township may require soundproofing
of the day-care facility.
The following standards shall apply for all
flea markets:
A.
The flea market shall be licensed by the Township
prior to beginning operation.
C.
The applicant shall demonstrate traffic generated
by the proposed use shall not create excessive traffic hazards on
adjacent streets and intersections and that traffic controls, if necessary,
shall be provided by the applicant.
D.
All facilities within the flea market for the preparation
or dispensing of food products shall be approved the Chester County
Health Department.
E.
The sponsors, owners or operators of the proposed
flea market shall provide adequate security at the site to ensure
the safety of consumers and vendors as well as maintain order at the
site.
F.
The hours of operation of the flea market shall be
determined at the time of application and in no way shall extend beyond
the normal operating hours being promoted and approved.
H.
The sponsor, owner, operators shall ensure adequate
sewage facilities to accommodate consumers and vendors, approved by
the Sewage Enforcement Officer and Chester County Health Department.
I.
The applicant shall provide for the restoration of
the flea market site to its original condition, including cleaning,
refuse removal, debris removal, and removal of any structures or enclosures
used for the flea market.
[Added 11-25-2013 by Ord. No. 202[1]]
Forestry, including but not limited to timber harvesting, shall
be permitted by right in all zoning districts, in accordance with
an approved timber harvesting plan prepared by a certified registered
forestor.
The following standards apply for all guest
houses:
A.
Guest house service shall remain incidental and secondary
to the principal use of the building as a single-family detached dwelling.
B.
The operator of a guest house facility shall reside
in the dwelling of the said facility.
C.
A maximum of three guest rooms or 1,000 square feet
of floor area, whichever is less, shall be devoted to the guest house
use, not including kitchen or eating facilities. No more than two
adults may occupy one guest room.
D.
If the guest house/bed-and-breakfast use does contain
a restaurant-type facility, it shall not be open to the general public.
E.
Exterior and interior alterations shall be limited
to those customarily associated with residential use.
H.
No guest individual or family may stay longer than
seven nights at one time.
I.
Any amenities, including but not limited to swimming
pools and tennis courts, shall be solely for the use of the resident
owner and occupants of the guest house facility.
J.
There shall be provided one full bathroom (one toilet,
wash basin, bath or shower) for each guest room.
K.
Area and bulk standards shall be those that apply
to single-family detached dwellings within the applicable zoning district.
L.
The applicant must furnish written approval from the
Chester County Health Department concerning the adequacy of the on-site
sewage disposal system to serve the increased demand resulting from
the guest facility.
A.
Minor home occupation.
(1)
Standards. All minor home occupations in Subsection A(2) below shall meet the following standards:
(a)
No multifamily dwelling may contain a home occupation.
(b)
The practice of an occupation shall be permitted
provided that the principal practitioner is a resident of the dwelling
unit.
(c)
Minor home occupations shall not employ more
than one person which is not the owner or occupant of the principal
dwelling.
(d)
The area used for the practice of a home occupation
shall be within the dwelling unit and shall occupy no more than 25%
of the total floor area of the dwelling unit or 500 square feet, whichever
is less.
(e)
Permitted home occupations shall be clearly
incidental and secondary to the residential use.
(f)
The exterior appearance of the structure or
premises must be maintained as a residential dwelling. No home occupation
activities shall be visible from a public street or from any neighboring
property.
(g)
All storage of materials or products shall be
within structures and no storage of materials or products shall be
permitted outside.
(h)
No goods shall be publicly displayed on the
premises, and no retail sales shall be permitted.
(i)
Delivery of materials or supplies associated with the home occupation shall be made no more than once per week and, if applicable, shall comply with standards established under § 200-107 of this chapter.
(j)
The only sign permitted for a home occupation shall be that which complies with § 200-112 of this chapter.
(k)
No offensive or disturbing noise, smoke, odor,
glare, or other objectionable effects, shall be noticeable at or beyond
the lot lines, and shall not produce, store, or use any hazardous
or toxic materials.
(m)
The applicant must furnish written approval from the Chester County
Health Department concerning the adequacy of the on-site sewage disposal
system to serve the increased demand resulting from the minor home
occupation.
[Added 10-18-2021 by Ord. No. 250]
(2)
Permitted minor home occupations. The following are permitted minor home occupations provided they meet the standards established in Subsection A(1) above:
(a)
Dressmaking, sewing, tailoring;
(b)
Painting, sculpturing, writing;
(c)
Telephone answering, typing, bookkeeping;
(d)
Home crafts, such as model making, rug weaving,
jewelry making, cabinetmaking;
(e)
Home cooking and catering, provided all food
is catered off-premises;
(f)
Computer programming that involves services
to outside clients;
(g)
Tutoring, limited to two students at one time;
tutoring of more than two students shall be considered a conditional
use;
(h)
Beautician services by appointment only, limited
to two clients at one time; more than two clients shall be considered
a conditional use; and
(i)
Minor home occupations found by the Board of
Supervisors to be substantially similar in scale and impact on the
community to those outlined in this section.
B.
Major home occupation.
(1)
Standards. All major home occupations in Subsection B(2) below shall meet the following standards:
(a)
No more than two persons not residing in such
dwelling unit shall be employed at any given time by the practitioner
of the occupation.
(b)
Major home occupations may have outdoor storage
which shall be screened from view by any means and from all sides.
(c)
All major home occupations shall first meet the conditions set forth in Subsection A(1) of this section.
(e)
The public display of goods and retail sales
shall be permitted for major home occupations.
(f)
The applicant must furnish written approval from the Chester County
Health Department concerning the adequacy of the on-site sewage disposal
system to serve the increased demand resulting from the major home
occupation.
[Added 10-18-2021 by Ord. No. 250]
(2)
Permitted major home occupation. The following are permitted major home occupations provided they meet the standards established in Subsection B(1) above:
(b)
Professions of architect, planner, lawyer, engineer,
financial consultant, insurance agent, accountant, doctor, and dentist;
(c)
Family day-care home and group day-care home in accordance with the provisions of § 200-121 of this article; and
(d)
Major home occupations found by the Board of
Supervisors to be substantially similar in scale and impact on the
community to those outlined in this section.
C.
The Board of Supervisors may require a larger minimum
lot size in those cases where the proposed home occupation uses are
likely to create demonstrable noise, traffic, or other problems directly
related to the public health and welfare.
A.
Setback.
(1)
Where a junkyard is located on a property that is adjacent to a residential district or use, there shall be a setback from the district boundary or lot line of at least 100 feet screened in accordance with § 200-100 of this chapter.
(2)
A junkyard located on a property adjacent to a nonresidential
use or district shall be set back a minimum of 50 feet from lot line.
(3)
Junkyards shall be set back a minimum of 100 feet
from floodplain and wetland areas.
(4)
The minimum front yard setback for junkyards shall
be 100 feet.
(5)
A minimum of 50 feet shall be required for each side
yard.
B.
Tract size. The tract serving as a junkyard shall
contain a minimum of 25 contiguous acres, undivided by streets, the
New Garden Township Flood Hazard District, or rights-of-way.
D.
Lot coverage. The maximum lot coverage including outdoor
storage areas, buildings, and structures shall not exceed 75%.
E.
Design standards. All junkyards in New Garden Township shall adhere to the landscape and screening standards set forth in Article XVI as well as the following design standards:
(1)
The area where junk or any other material is stored
outside shall be enclosed with a wall or fence at least six feet in
height and designed and constructed to be at least 80% solid or opaque.
The use of landscaping materials and earthen berms are required to
achieve an effective screen.
(2)
Storage piles shall not exceed six feet in height
and no more than two adjoining rows of junked cars shall be stored
together.
(3)
There shall be provided at least a twelve-foot-wide
accessway which shall be clear and free at all times to provide for
access to all parts of the premises for fire fighting and other safety
or emergency purposes.
(4)
Gasoline, oil, and other flammable or toxic substances
shall be removed from any junk or other items stored on the premises.
Such liquids shall be removed and disposed of in a proper manner and
shall not be deposited on site.
(5)
Burning shall not be permitted on the premises.
(6)
No garbage or other waste liable to give off a foul
odor or attract vermin or insects shall be kept on the premises.
(7)
All junk shall be stored or arranged to prevent accumulation
of water.
(8)
Any junkyard shall operate only after a use-permit
is issued by New Garden Township. An annual renewal permit shall be
required with a prerequisite being an inspection by the Zoning Officer.
A.
The minimum lot size for a kennel shall be four acres.
B.
No more than 40 adult dogs and/or adult cats are permitted.
D.
Structures or enclosures used for the housing of dogs
shall be solely located in the rear yard.
E.
Kennels, including administrative offices, grooming
areas, health and veterinary areas, shall not occupy more than 15%
of the lot.
F.
Selective criteria.
(1)
The owner or applicant shall demonstrate that the
kennel will not create any nuisance conditions for adjoining properties
due to noise or odor.
(3)
The owner or applicant shall demonstrate that adequate
methods for water supply, sanitation and sewage disposal will be provided
and such facilities shall be approved by the Sewage Enforcement Officer
and Chester County Health Department.
(4)
For the health and well being of the animals, adequate
ventilation and conditioning of the air within kennel structures or
enclosures shall be required. Such ventilation and conditioning of
the air shall conform to the official Township Building Code.
G.
Dog runs. Dog runs shall conform to the following
standards:
(1)
Dog runs shall be set back a minimum of 100 feet from
the nearest dwelling, except that of the owner or user of property.
(2)
Dog runs shall be located solely in rear yards.
(3)
Dogs runs shall be built to a size to properly accommodate
all dogs in the kennel.
(4)
Dog runs shall be adequately fenced to a height of
eight feet to insure dogs cannot escape.
(5)
Dog runs shall be screened in accordance with the
applicable standards set forth in this chapter.
[Amended 4-3-2006 by Ord. No. 165]
[Added 10-24-2011 by Ord. No. 189[1]]
The following standards shall apply for all renewable energy
facilities:
A.
Solar energy facility: use, area, siting and height requirements.
(1)
A solar energy facility shall be permitted as an accessory structure
and use in all zoning districts in the Township, when the array area
is less than or equal to 1,000 square feet. A solar energy facility
shall be permitted as a special exception structure and use in all
zoning districts when the array area is greater than 1,000 square
feet.
(2)
The array area, any ground-mounted equipment and all other appurtenant
structures and facilities shall meet and satisfy all of the required
area and bulk regulations for the zoning district within which the
property containing the solar energy facility is located.
(3)
Ground-mounted facilities, including any appurtenant equipment, shall be screened to minimize the visual impact upon neighboring properties. Screening shall comply with the design criteria set forth in § 200-100C(3), (7) and (8).
(4)
Structure-mounted solar energy facilities may be located on
either the front, side, or rear roof of a building or structure.
(5)
To the maximum extent reasonably possible, solar energy facilities
shall be of a color and appearance similar to existing structures
on the property.
B.
Solar energy facility: permitting requirements; additional design
standards.
(1)
Building and zoning permits shall be required for each solar
energy facility. Applications for such building and zoning permits
shall include, along with all other documentation, information, exhibits
and fee otherwise required by the Township, the following:
(a)
A written plan for the proposed facility indicating and detailing
the location of all existing and proposed solar energy facilities
on the subject tract, property boundaries, required setbacks, utility
locations, and locations of any ground-mounted equipment;
(b)
Calculations detailing both the existing and proposed building
coverage and impervious coverage for the subject tract;
(c)
A written narrative detailing all of the potential adverse impacts
associated with the proposed solar energy facility, and how such impacts
will be minimized. This narrative shall include, at a minimum, information
regarding site selection, facility design, facility appearance, and
buffering and screening of the facility and associated equipment;
(d)
Calculations detailing the percentage of roof coverage;
(e)
Written approval by the homeowners' association, or similar
body, where applicable;
(f)
A written narrative detailing any glare which may result from
the solar energy facility, and further, how glare which may impact
neighboring properties shall be minimized; and
(g)
Documentation confirming that any ground-mounted facility proposed for a location in front of a primary building or structure shall be screened pursuant to § 200-127A(3).
(3)
All solar energy facilities shall comply with the Pennsylvania
Uniform Construction Code, as amended.
(4)
All utility connections and wiring associated with solar energy
facilities shall be located underground, to the maximum extent possible.
(5)
Solar energy facilities shall not display advertising, or other
signage, except for warning signs and minimal identification of the
facilities manufacturer.
(6)
To the maximum extent reasonably possible, ground-mounted solar
energy facilities shall be a neutral, nonreflective exterior color
designed to blend with the surrounding environment.
C.
Wind energy facility: use, area, siting and height requirements.
(1)
There shall be no more than one wind turbine per tract, for
tracts up to three acres gross. For tracts greater than three acres
gross, only one wind turbine may be installed for each three acres
of gross tract area.
(2)
The maximum turbine height for ground-mounted facilities shall
not exceed the maximum building height permitted within the zoning
district of the subject tract. For roof-mounted turbines, the maximum
turbine height shall not exceed eight feet, as measured from the roof-mounting
location, and at no time shall such turbine height exceed the maximum
permitted height in the zoning district.
(3)
Unless a wind energy facility is not visible to adjacent property
owners when located in the front yard, no wind energy facility shall
be located in a front yard.
(4)
The wind energy facility and all appurtenant structures and
equipment shall meet all of the area and bulk regulations for the
zoning district within which the property containing the facility
is located.
(5)
To the maximum extent possible, each wind turbine shall be self-
supporting, upon its foundation, without the aid of guy wires or similar
supports.
(6)
No wind turbine shall be located closer to any property line,
occupied structure, overhead utility, or fuel source than the distance
equal to 125% of the height of the wind turbine.
(7)
A wind turbine blade, at its lowest point, shall be no closer
to the surface of the ground than 15 feet.
(8)
Wind energy facilities shall be a neutral, non-reflective exterior
colored designed to blend with the surrounding environment.
(9)
All utility connections and wiring associated with wind energy
facilities shall be located underground, to the maximum extent possible.
D.
Wind energy facility: permitting requirements; additional design
standards.
(1)
Building and zoning permits shall be required for each wind
energy facility. Applications for such building and zoning permits
shall include, along with all other documentation, information, exhibits
and fee otherwise required by the Township, the following:
(a)
A written plan for the proposed facility indicating and detailing
the location of all existing and proposed wind energy facilities on
the subject tract, property boundaries, required setbacks, utility
locations, and locations of any ground-mounted equipment;
(b)
Calculations detailing both the existing and proposed building
coverage and impervious coverage for the subject tract;
(c)
A written narrative detailing all of the potential adverse impacts
associated with the proposed wind energy facility, and how such impacts
will be minimized. This narrative shall include, at a minimum, information
regarding site selection, facility design, facility appearance, buffering
and screening of the facility and associated equipment;
(d)
Written approval by the homeowners' association, or similar
body, where applicable;
(e)
A written narrative detailing any noise which may result from
the wind energy facility, and how any impact of such noise on neighboring
properties shall be minimized; and
(f)
All wind energy facilities shall be equipped with a redundant
braking system. This system shall include both aerodynamic over-speed
controls (including variable pitch, tip and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for over-speed protection.
(2)
The proposed location of any wind energy facility shall protect
and maintain the existing view sheds. In addition, the design, color
and visible features of the wind energy facility shall be designed
to minimize visual, noise and other negative impacts on other properties.
The applicant shall provide the Township photographs of the proposed
site showing all sides of the property, adjacent roadways and neighboring
properties.
(3)
The proposed location and operation of the wind energy facility
shall not interfere with any broadcast, radio, wireless or other telecommunications
signals or facilities. In all cases, the location of any wind energy
facility shall be clear of, and shall not interfere with, any existing
trees, buildings, wires, or structures.
(4)
All transmission, power and other utility lines associated with
the wind energy facility shall be located underground.
(5)
Sounds levels from a wind energy facility shall not exceed 55
dBA as measured at the exterior of any occupied building on any adjacent
property. Acoustic and/or sound emissions from wind energy facilities
shall not 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 1:1 First Tier, as amended.
(6)
Wind energy facilities shall not display advertising or other
signage thereon, except for warnings signs and minimal identification
of the facilities manufacturer.
(7)
No antennae, cellular communication facility or other item or
material not related to the essential function of the wind energy
facility shall be permitted to be mounted upon or otherwise placed
upon any wind turbine or wind energy facility.
(8)
Wind turbines shall not be lighted, except the minimum which
may be required by applicable law. Lighting of other parts of any
wind energy facility shall be limited to that which is required for
safety and operational purposes, and shall be shielded from adjacent
properties.
(9)
All wind energy facilities shall comply with the Pennsylvania
Uniform Construction Code, as amended.
(10)
Caution signs shall be installed near the wind energy facility
warning of ice and blade throws, consistent with the recommendations
of the manufacturer. Additionally, caution signs shall be placed along
the perimeter of the fall zone, at intervals of not less than 200
feet apart. The caution signs shall be no lower than three feet in
height and measuring no more than two square feet in size, and shall
read "CAUTION: FALLING OBJECTS." Each such sign shall also contain
the name, address and telephone number of the property owner where
the wind energy facility is located. All signs required under this
section must be approved and permitted by the Township.
E.
Larger solar energy facility: special exception provisions.
(1)
In addition to satisfying the requirements of § 200-127, a special exception for a solar energy facility within an array area exceeding 1,000 square feet shall not be granted, except upon compliance before the Zoning Hearing Board of the following additional criteria:
(4)
All conditions of any special exception granted by the New Garden
Township Zoning Hearing Board for a solar energy facility shall be
obligations of all succeeding owners of the property.
[1]
Editor's Note: Former § 200-127,
Manufactured homes/mobile homes, added 4-3-2006 by Ord. No. 165, was
repealed 10-18-2006 by Ord. No. 168 and 3-12-2007 by Ord. No. 170.
A.
Limitation in number. Only one microwave antenna shall
be permitted per lot; except retail sales of microwave antennas for
permanent display purposes, and provided further that such display
shall be in accordance with the required setback provisions of the
applicable commercial district. The microwave antenna shall be considered
as a permissible accessory use, subject to the rules and regulations
of this section, in all zoning districts.
B.
Size permitted.
(1)
The maximum diameter of the microwave antenna shall
not exceed 10 feet if ground mounted.
(2)
When roof mounted, the maximum diameter of the microwave
antenna shall not exceed four feet and the maximum height shall not
exceed six feet above the roof line.
(3)
When supported separately from any structure, the
total height of the microwave antenna shall not exceed 12 feet.
C.
Location and mountings.
(1)
Ground microwave antennas shall be located only in
the rear yard or in the side yard not extending beyond the building
setback, and adhere to all setback requirements of the applicable
district.
(2)
Ground-mounted microwave antennas shall be secured
by a foundation approved by the Township Engineer. Approval shall
be granted in the form of a permit issued by the Township.
(3)
When roof mounted, the microwave antenna shall be
located on the back or rear portion of the roof sloping away from
the front of the lot, and no part thereof shall project above the
roof ridge line.
D.
General regulations.
(1)
No microwave antenna may be erected in any district
or in location within a district which is prohibited by regulations
of the Federal Communications Commission or other regulatory agency
having jurisdiction. The burden to show compliance shall be on the
applicant and shall be stated in the permit application.
(2)
Microwave antennas shall be properly enclosed and
installed to resist a minimum wind load of 30 pounds per square foot
of projected horizontal area. Supports, anchors, and foundations shall
force into account overturning improvements and forces created by
wind loading.
(3)
This section shall in no event be construed to permit
as a permissible accessory use a microwave antenna for satellite communication
used or intended to be used for the propagation of radio, micro, or
electromagnetic waves. The use of a microwave antenna for transmission
shall be permitted only by special exception within the appropriate
district(s).
(4)
No microwave antenna installation shall be permitted
in any parking lot or parking area.
E.
Permit procedure. Before erection of any microwave
antenna, a permit application shall be made to the Township, a fee
paid, the amount of which shall be set by resolution of the Board
of Supervisors, and a permit issued. All applications for a microwave
antenna permit shall be made to the Zoning Officer in writing on a
form furnished by the Township and shall be accompanied by plans showing:
(1)
For ground-mounted microwave antennas:
(a)
The dimensions of the lot and location of the
buildings thereon.
(b)
Details of all microwave antenna anchors, supports
and foundations the exact size of the antenna, including dish and
the exact proposed location of the microwave antenna on the lot.
(c)
When microwave antennas are attached to an existing
structure, details will be distributed to the existing structure.
(2)
For roof-mounted microwave antennas:
(a)
Design wind load on each anchor and allowable
wind load on each anchor.
(b)
Forces on foundation, including live load and
dead load.
(c)
Strength and allowable stresses of cables, rods,
or braces and the actual force and allowable force for each cable,
rod, and brace.
(d)
Details of all microwave anchors and supports,
the exact size of the antenna and proposed location of the microwave
antenna.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170]
When permitted by the underlying zoning district,
multifamily developments shall comply with the regulations set forth
in the underlying zoning district except as hereafter specifically
set forth.
A.
Setbacks.
(1)
Minimum building setback from tract boundary: 75 feet,
unless reduced to not less than 50 feet in the sole discretion of
the Board upon review and approval of additional landscaping provisions
for a buffer.
(2)
Minimum building setback from ultimate right-of-way
of internal streets: 30 feet.
(3)
Minimum building setback from parking areas: 20 feet.
(5)
Minimum building setback from rear building line to
rear lot line: 25 feet.
(6)
Minimum building setback from the ultimate right-of-way
line of existing public roads (other than roads which abut the tract
border): 50 feet.
B.
Additional regulations.
(1)
All multifamily units shall be serviced by public
sewage and water facilities.
(2)
Refuse stations to serve residential areas shall be
designed with suitable opaque fencing with a minimum height of six
feet, located so as to be convenient for trash removal.
(4)
All multifamily developments shall comply with then-current
stormwater management control measures and standards as set forth
in the Township ordinances.
C.
Site design.
(1)
The topography and natural features of the site shall
be considered in planning, designing, locating, and constructing all
residential buildings and other structures to improve the aesthetic
design of the development.
(2)
Residential buildings and other structures shall be
grouped and situated to promote pedestrian and visual access to open
space.
(3)
Multifamily structures shall be designed and constructed
in staggered groups to define common areas, and not in long rows parallel
to street or property lines. The arrangement of such buildings shall
create a visual and physical distinction in the lines of the facades
and roofs.
D.
Design standards. All multifamily development shall comply with the design standards set forth in Article XVI.
E.
Unit size. In an apartment development pursuant to
this article, no more than 10% of the dwelling units shall have three
or more bedrooms. The balance of the dwelling units shall have one
or two bedrooms.
The following standards shall apply to nursing
homes when permitted by this chapter:
A.
Minimum tract size. A minimum tract size of five acres
shall be required for each nursing home.
B.
Nursing homes shall be permitted at a ratio of 10
residents for every one acre of tract.
C.
Setback. Buildings shall be set back a minimum of
75 feet from front lot lines and 50 feet from rear and side lot lines.
D.
All other area and bulk requirements shall be governed
by the underlying district in which the proposed use is located.
E.
Evidence of compliance with the Pennsylvania Labor
and Industry Standards shall prerequisite Township approval for the
construction, renovation, or expansion of a nursing home.
The following regulations shall apply for radio
towers:
A.
Radio towers shall be permitted in accordance with
the regulations of the underlying zoning district. Said permission
shall be made on a temporary basis and shall apply to the individual
or company holding a valid operator's license issued by the Federal
Communications Commission (FCC).
B.
Within 60 days of the expiration of such license,
the applicant shall dismantle the structure.
C.
The tower and foundation shall be designed and its
construction supervised by a professional engineer registered in the
State of Pennsylvania. The applicant shall file a location plan and
details for the tower prepared by the same professional engineer,
as well as the manufacturer's specifications.
D.
Radio towers shall conform to applicable Federal Communications
Commission (FCC) regulations.
E.
The tower shall be considered a principal use and
shall meet all yard requirements of the zoning district in which it
is located and no portion of the base of the tower shall be located
closer to any lot line than the height of the tower.
F.
Radio towers shall be separated from each other by
a distance equal to their combined heights.
G.
Radio towers shall not be located closer than the
tower height from any dwelling unit.
H.
No more than one radio tower be permitted per lot.
Residential conversions shall be permitted,
where authorized by this chapter, provided such activity is in compliance
with the following standards:
A.
Intent. The intent of this section is to provide an
alternative use for structurally sound and primarily older single-family
detached dwellings that are costly to maintain as a single-family
use, and provide an excessive amount of living space for today's decreasing
family size. This section is also intended to increase the supply
of smaller dwelling units and provide for a more efficient use of
the existing housing stock, while protecting the character of sound,
stable residential neighborhoods and preserving the basic character
of dwellings that might otherwise become obsolete.
B.
Minimum unit size. The minimum size for each resulting
dwelling unit shall be 1,000 square feet.
C.
Total dwelling units. Regardless of the size of the
original structure, the total number of dwelling units in the structure
after conversion shall not exceed four.
D.
Area and bulk regulations. Original structures shall
have a minimum lot size that conforms with the provisions of the underlying
zoning district.
E.
Access. Each dwelling unit in the converted structure
shall have direct access to the outdoors or to a hall from which there
is direct access to the outdoors.
F.
Parking. Off-street parking for residential conversions shall adhere to standards established in § 200-108 of this chapter.
G.
Health and safety code requirements.
(1)
All dwelling units in the converted structure shall
conform to all requirements of applicable building, health, fire,
and sanitary codes, which regulate structural soundness, overcrowding,
fire protection, sewage disposal, and water supply. Such codes include
those of the Pennsylvania Department of Labor and Industry or the
Chester County Health Department and the Township Building Code.
(2)
If on-site sewer or water systems are to be used,
the applicant shall submit evidence to the Board of Supervisors showing
that the total number of occupants in the converted dwelling units
will not exceed the maximum capacities for which the original systems
were designed, unless those systems are to be expanded, in which case
the expansion approvals are to be submitted. Any connection to or
addition to an existing on-site sewer system shall be subject to the
review and approval of the Chester County Health Department.
H.
Additions. Additions to an existing dwelling designed
to allow the creation of multiple dwelling units in that dwelling
shall be permitted if the minimum unit size is attained and if the
addition will facilitate the creation of otherwise allowed units in
a more logical manner, considering design, layout, or safety factors
when approved by the Board of Supervisors.
I.
Exterior alterations. There shall be no exterior alterations
except those necessary for additions as allowed above, for reasons
of health and safety, or for general upgrading of appearance. Alterations
made for any of these purposes must reflect the architectural character
of the building (in terms of scale and materials).
J.
Utilities. All utility connections shall meet municipal
authority or public utility company standards as applicable.
[Amended 10-18-2021 by Ord. No. 250]
K.
Submission of plans. The applicant shall submit to
the Board of Supervisors:
(1)
Sketch floor plan(s) showing the location and size
of each unit;
(2)
Rough elevations showing modification of any exterior
building facade to which changes are proposed;
(3)
A site development sketch plan properly showing and
locating; the dwelling and other existing buildings; all property
lines; any proposed additions along with minimum setback lines; the
location, size, and extent of all underground utilities; the length,
width, and function of all rights-of-way and easements; the required
number of parking spaces and parking design for all units; any one-hundred-year
floodplain; 15% or greater slopes or other natural or man-made conditions
which might affect these items; and
L.
Required facilities. Each unit shall be required to
have adequate kitchen and bathroom facilities. All plans and elevations
shall be clear and concise and drawn to a scale of not less than one
inch equals four feet for the floor plan(s) and elevation(s) and one
inch equals 20 feet for the site development plan.
[Amended 11-7-2005 by Ord. No. 161]
A.
Purpose. To provide housing, community and recreational
facilities for adult individuals who do not have resident dependent
children.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
B.
Prerequisites for development. The following conditions
must be satisfied:
C.
Permitted uses. Only the following uses shall be permitted
within any retirement facility:
(1)
A retirement facility comprised of any combination
of independent living units, including single-family detached, single-family
semidetached, single-family attached and/or multifamily dwelling.
(2)
Community center and recreational facility.
(3)
Customary accessory and incidental limited retail
uses for residents of the facility and their guests.
(4)
Recreational facilities for residents, such as tennis
courts, swimming pools, etc., shall be provided and may be located
within the common open space.
D.
Tract area and bulk regulations.
(1)
The tract size shall be a minimum of 20 acres.
(2)
The maximum amount of coverage of the tract by buildings
and structures shall be 35% of the net tract area.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
(3)
The maximum amount of coverage of the tract by all
impervious surfaces, including buildings and structures, shall be
50% of the net tract area.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
(4)
(5)
The minimum building setback from tract boundary lines,
including existing public roads, shall be 75 feet.
E.
Living unit area and bulk regulations.
(1)
Maximum net density. Independent living units within
a retirement facility shall be permitted at a maximum net density
of 3.5 units per acre.
(2)
Single-family detached, single-family semidetached
and single-family attached dwelling units shall be set back a minimum
of 20 feet from one another and 50 feet from any other structure on
the proposed site.
(3)
The minimum building setback from interior drives/roads
shall be a minimum of 25 feet.
F.
Development standards. In addition to all other Township
ordinance requirements:
A.
The minimum lot size for a rooming house shall be
1 1/2 acres, unless a larger lot size is required by the underlying
zoning district.
B.
Each rented or leased room within a rooming house
shall be limited to a single occupant.
C.
In addition to the two parking spaces required for a residence, a rooming house shall provide one additional parking space for each rentable or leasable room, in accordance with Article XVI of this chapter and in accordance with the regulations of the Township Subdivision and Land Development Ordinance.
D.
Where on-site sewer is used, the owner shall provide
documentation from the Chester County Health Department specifying
that the sewage disposal system can adequately accommodate all anticipated
increase in sewage.
A.
Purpose. The standards in this section are established
in order to:
(1)
Permit the siting of sanitary landfills within the
Township and to assure that such siting will be consistent with the
public health, safety, and general welfare of the Township.
(2)
Assure that the siting of sanitary landfills will
be consistent with:
(3)
To protect environmentally sensitive areas and preserve
the natural resources of the Township while assuring that the siting
of sanitary landfills is confined to environmentally suitable areas.
B.
Conditions of use.
(1)
Sanitary landfill, solid waste transfer station, or
other solid waste management facility, including incinerators, are
to be operated by the County of Chester, New Garden Township, or by
an authority in which New Garden Township is a member.
(2)
The service area of such facility shall include all
of New Garden Township, or a lesser area at the discretion of the
Board of Supervisors, but shall not extend beyond the bounds of Chester
County.
(3)
The facility shall not be used for temporary storage
of waste materials intended for processing or recycling for any period
longer than 30 days, except for those facilities specifically intended
as recycling areas.
(4)
The proposed facility must be in compliance with the
Chester County Solid Waste Management Plan.
(5)
The proposed facility meet the approval of the Pennsylvania
Department of Environmental Protection (DEP) and any other necessary
governmental authorities.
C.
Applications. The following information shall be submitted by an applicant for conditional use approval for a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, and shall be evaluated by the Board. An applicant receiving conditional use approval pursuant to this section shall not be required to resubmit this information in applying for a zoning permit pursuant to § 200-147.
(1)
Maps of the proposed facility site, prepared by a
registered engineer to a scale of one inch equals 50 feet, showing
the following:
(a)
Topography;
(b)
Geological formations;
(c)
Soil classifications;
(d)
Proximity of site to surface water, and use
of such surface water;
(e)
Groundwater study, including location of all
aquifers and aquifer recharge zones;
(f)
Wetlands;
(g)
Floodplains;
(h)
Area of prime agricultural land;
(i)
Wildlife habitat areas;
(j)
Woodlands and other significant vegetation;
(k)
Existing uses of property;
(l)
The names of adjacent owners and the land uses
of their property;
(m)
Any existing and/or proposed natural or artificial
buffers;
(n)
Nearby historic sites; or buildings of architectural
or historic significance;
(o)
Nearby schools, hospitals and other congested
areas;
(p)
Location of the site relative to public roads;
(q)
Any proposed fencing or other improvements.
(2)
A written description of the proposed operations per Subsection E unless otherwise covered in this section.
(3)
Engineering and, if any, architectural plans per Subsection D unless otherwise covered in this section.
(4)
Any other information required at the request of the
Board.
(5)
Written description as to the operating experience,
financial status, instances of landfill permit violations, and other
pertinent data concerning the applicant, and if different, the owner(s)
and proposed manager; relationships among applicant, owner, and proposed
manager.
(6)
Types and places of origin of solid waste to be eligible
for disposal.
(7)
Statement indicating expected useful life of the site
as a sanitary landfill, solid waste transfer station, or other solid
waste management facility, including incinerators, and plans for the
restoration of the site upon termination of such facility operation.
(8)
A copy of the application to DEP for a solid waste
management permit, including Module 9 when submitted under DEP's environmental
assessment process.
(10)
Evidence, which may take the form of a certification
by the Chester County Board of Commissioners, that the application
for a solid waste management permit, and the conditional use, is consistent
with the Chester County Solid Waste Management Plan.
(11)
Proposals for leachate collection, treatment
and disposal, and for gas migration control.
(12)
Proposed sources of cover material sufficient
for the project.
(13)
Adequate provisions for public services, including
water, sewer, police, and fire.
(14)
An environmental impact study in accordance with § 170-20 of the Subdivision and Land Development Ordinance,[1] shall include the following additional information:
(a)
Any existing sanitary landfill sites within
the Township;
(b)
Any adverse environmental impacts of the proposed
sanitary landfill, including an indication of those adverse environmental
effects which cannot be avoided;
(c)
Any efforts which can be employed to mitigate
or avoid such adverse environmental effects; and
(d)
Any irreversible and irretrievable commitments
of resources which would be involved if the application is granted.
(15)
A traffic study prepared by a traffic engineer
selected by the Township showing:
(a)
The existing and projected traffic in the area
of the proposed sanitary landfill, solid waste transfer station, or
other solid waste management facility, including incinerators; and
(b)
The projected traffic patterns after its completion
and full operation, including proposed access routes, roads and bridges
(indicating their capacity), traffic plan, and types, sizes, and capacities
of disposal vehicles.
(16)
Proposed methods for buffer and screening, litter
control, dust management, and well monitoring to determine a breach
in landfill liner.
(17)
Proposed hours of operation; provided that,
to the extent any such information is already contained in the applicant's
application for a solid waste management permit, such information
may be incorporated by reference in the application for conditional
use and, provided further, that the application for conditional use
shall contain any such other information as may be requested by the
Board in order to assist the Board in determining whether or not such
application shall be granted.
D.
Standards.
(1)
The following standards and criteria shall be used
by the Board as a guide in evaluating any application for a sanitary
landfill, solid waste transfer station, or other solid waste management
facility, including incinerators, as a conditional use:
(a)
The use must have a minimum tract area of 100
acres.
(b)
The facility shall:
[1]
Contain a leachate collection, treatment, disposal.
and monitoring system to protect the surface and groundwater;
[2]
Be adequately screened off by buffer zones,
a minimum of 75 feet wide, from adjacent properties; and
[3]
Be properly fenced with a minimum six-foot-high
chain link fence, to prevent access at other than designated patrolled
locations and so as to further prevent the dissemination of papers
and other trash outside the site and any other nuisance on adjoining
properties.
(c)
Such facility shall be located so that safe
and adequate access is available over public roads at all times. The
Board shall require that any road providing access to the proposed
facility be a minimum cartway of 24 feet in width and paved with surface
and base course of sufficient depth to withstand traffic loads determined
by the number and weight of trucks anticipated in the daily operation
of the proposed facility.
(d)
All trucks entering and leaving the facility
shall be covered and roads used for access to the facility shall be
patrolled daily by an agent of the facility operator to pick up and
dispose of scattered and blowing papers or other refuse.
(e)
Final grading of the land shall be done in a
manner so that the land is left in a useful condition. A bond in the
amount of 10% of the construction costs shall be posted to assure
the Township that the property is left in such condition.
(f)
The permissible hours of facility operation,
including support operations beyond the acceptance of trash, shall
be between 7:00 a.m. and 6:00 p.m. No operations shall take place
on Sundays.
(g)
A separate permit from the Township shall be
required for this use.
(h)
Sanitary landfill, solid waste transfer station,
or other solid waste management facility, including incinerator, shall
be located with direct access to a road designated as a collector
or arterial road.
(i)
Facility shall be buffered from all public roads
by a raised earthen berm of at least 10 feet in height, and landscaped
to provide year-round vegetative cover and screening.
(j)
Hazardous waste as included on the list of hazardous
waste as maintained by the Department of Environmental Protection
shall not be disposed of or handled in a sanitary landfill, solid
waste transfer station, or other solid waste management facility,
including incinerators.
(k)
Sanitary landfill, solid waste transfer station,
or other solid waste management facility, including incinerators shall
adhere to the following setbacks:
[1]
A minimum of 300 feet from a wetland area.
[2]
A minimum of 300 feet from an occupied dwelling,
unless the current owner has provided written consent.
[3]
A minimum of 100 feet from a perennial stream.
[4]
A minimum of 300 yards from a school district
building, park, or playground.
[5]
No portion of the facility shall be within 200
feet of any property line.
(l)
No sanitary landfill, solid waste transfer station,
or other solid waste management facility, including incinerators shall
be constructed within the one-hundred-year floodplain as shown on
the New Garden Township Flood Hazard District Map.
(2)
Additional standards and criteria shall be used by
the Board as a guide in evaluating any application for a solid waste
transfer station.
(a)
The minimum area required for a solid waste
transfer station is seven acres.
(b)
All compacting, packaging, or other processing
must be performed within an enclosed building.
(c)
The entire transfer process, which includes
unloading, compaction and loading onto the transfer trucks, shall
occur inside a building.
(d)
Municipal solid waste shall not remain on the
site for more than 72 hours.
(3)
Additional standards and criteria shall be used by
the Board as a guide in evaluating any application for an incinerator.
(a)
All unloading of municipal solid waste shall
be done within the building housing the incinerator.
(b)
All storage of municipal solid waste shall be
indoors. During normal operation no more municipal solid waste shall
be stored on the property than is needed to keep the facility in operation
for more than 72 hours.
(c)
Ash from the incinerator shall be stored in
such a manner as to prevent it from being carried from the site by
wind or water. The ash shall be disposed of in a sanitary landfill
approved by the Pennsylvania Department of Environmental Protection
or in another manner approved by them.
(d)
Facilities that utilize pyrolysis to incinerate
the waste shall use containers that meet state and local regulations
for the storage of gases and oils that result from the process.
E.
Conditions of operation.
(1)
Prior to the commencement of any activity to prepare or operate a site given conditional use approval as a sanitary landfill, solid waste transfer station, other solid waste facility, including incinerator, the applicant and operator shall agree to conduct all such activities in strict accordance with the standards in Subsection D above, and with any other conditions that may be imposed by the Board at the time of conditional use approval. Such acknowledgement shall be in the form of a development agreement(s) with the Township, executed at the time of conditional use approval and recorded with the property deed at the Chester County Office of the Recorder of Deeds.
(2)
Operation of a sanitary landfill or other solid waste
management facility as an approved conditional use shall be contingent
upon the applicant securing and conforming to the terms of a solid
waste management permit from the Pennsylvania Department of Environmental
Protection (DEP) and any other applicable statutes or regulations.
A copy of the DEP approved application and permit, which is not subject
to any appeal, shall be filed with the Township prior to commencing
any site preparation activity.
(3)
No hazardous waste shall be deposited, handled, or
treated in, at, or on any sanitary landfill or other solid waste management
facility.
F.
Future use. Any subsequent use of the sanitary landfill,
solid waste transfer station, or other solid waste management facility
site shall be only those permitted by the zoning district in which
it is located, provided that the applicant demonstrates to the Board
that the site has been, or can be, stabilized and otherwise made suitable
and safe for the use proposed.
G.
Violations and penalties. In addition to the fines and penalties generally prescribed for violations of this chapter in § 200-146, the conditional use approval of a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerator, shall be subject to suspension or termination in the event that:
[Added 10-18-2021 by Ord.
No. 250]
A public utility facility, as defined in § 200-9, shall be permitted by conditional use of the Board of Supervisors in the C/I Commercial Industrial District, subject to the following performance standards:
A.
No obnoxious, toxic or corrosive fumes or gases shall be emitted
as a result of the use.
B.
No use shall emit offensive odors which are perceptible at lot lines.
C.
No use shall discharge into the air dust or other particulate matter
in a manner or quantity which does not conform to regulations of the
Pennsylvania Department of Environmental Protection.
D.
No use shall emit smoke from operations.
E.
No use shall produce any heat perceptible at or beyond the lot boundaries.
F.
No use shall utilize lighting in a manner which does not conform
with the lighting standards in this chapter.
G.
No use shall permit physical vibrations perceptible at or beyond
the lot boundaries.
H.
No use shall emit potentially harmful radiation.
I.
No use shall engage in the production or storage of any material
designed for use as an explosive.
J.
No use shall engage in the storage of any solid or hazardous waste
on the lot for any period beyond five days. Such waste storage shall
be located behind the front building line of the primary building
and no closer than 50 feet to any rear or side lot line and shall
be completely screened from the view of any street or adjoining property.
K.
No use shall discharge any objectionable and/or potentially dangerous
effluent from plant operations.
L.
No industrial lagoons for chemicals or other liquid waste shall be
permitted.
M.
The portion of any such use not located within a building shall be
enclosed or adequately screened in such a manner as to not be visible
across property lines.
N.
All uses shall be conducted in compliance with applicable governmental
regulations, including the noise and lighting regulations in this
chapter.
O.
No retail activity shall be permitted.
P.
The owner of the public utility facility shall provide the Township
with an emergency liaison that may be reached 24 hours a day, seven
days a week in the event of an emergency.
Q.
The public utility facility shall prepare and file with the Township
an emergency response plan which shall be followed in the event of
an emergency at the facility.
