Special uses, as enumerated in Schedule I,[1] shall be permitted only upon authorization by the Zoning
Hearing Board and review by the Planning Commission, provided that
such uses shall be found by the Zoning Hearing Board to comply with
the following requirements and other applicable requirements as set
forth in this chapter.
A.
That the use is a permitted special use as set forth in Schedule I hereof.
B.
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
The Zoning Hearing Board may require the applicant to prepare an environmental
analysis pertaining to the property and application under consideration
by the Zoning Hearing Board.
C.
That the use will not cause substantial injury to the value of other
property in the neighborhood where it is to be located.
D.
That the use will be compatible with adjoining development and the
principal character of the zone district where it is to be located.
E.
That adequate landscaping and screening is provided as required herein.
F.
That adequate off-street parking and loading is provided and ingress
and egress is so designed as to cause minimum interference with traffic
on abutting and/or nearby streets and intersections.
G.
That the use conforms with all applicable regulations governing the
district where located. The Zoning Hearing Board may rely upon state
and federal requirements to be met by the applicant for special use
permit approval as a condition for Zoning Hearing Board final approval.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
A.
Purpose and procedure.
(1)
Site plan review and the submission of a site plan may be required
herein for certain "special uses" in accordance with the requirements
of the Zoning Hearing Board. At the discretion of the Zoning Hearing
Board, the Board may select one of the following three options:
(2)
The following site plan procedure shall be followed to ensure the
safe and efficient movement of traffic, adequate drainage and connection
to utilities, compliance with other applicable regulations and to
promote the development of an attractive and well planned Borough,
to enhance sound site planning and to best serve the interests of
public health, safety and general welfare and the objectives of this
chapter.
B.
Optional site plan review procedure. In lieu of submittal of all
of the site plan requirements itemized below, the Zoning Officer,
on behalf of the Board, may require a preliminary sketch site plan,
containing lesser information, for unofficial review by the Planning
Commission. Such sketch site plan shall be for the purpose of indicating
to the Planning Commission the general nature and intent of the proposal
which will enable the Commission to present its initial considerations
for the purpose of guiding the developer in accordance with these
zoning requirements.
C.
Site plan requirements. When required by the Zoning Hearing Board,
the Zoning Officer may require an official site plan. The official
site plan shall include the following information:
(1)
The applicant shall submit three complete sets of site plans certified
by a registered engineer or registered surveyor.
(2)
When a site plan has been officially submitted, it shall be placed
on the Borough Planning Commission agenda for review at its next regular
meeting, provided the official submission is made 10 days or more
before the regular meeting.
(3)
Within 45 days after the official submission of a site plan, the
Planning Commission shall make a written recommendation to the Zoning
Hearing Board on whether the plan should be approved or disapproved.
The written recommendation shall include the underlying findings and
reasons affecting the Planning Commission's recommendation. In
making such a recommendation, the Planning Commission may receive
advice and review comments from the Borough Engineer or any other
competent review authority.
(4)
The following information shall be included on the site plan:
(a)
A statement as to the proposed use of the building or land.
(b)
A site layout drawn to a scale of not less than one inch equals
100 feet showing the location, dimensions and area of each lot, the
location, dimensions and height of proposed buildings, structures,
streets, roads, and any existing buildings in relation to property
and street lines. If the application relates to property which is
scheduled to be developed in successive stages, such plans shall show
the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(c)
The location, dimensions and arrangements of all open spaces
and yards, landscaping, fences and buffer yards, including methods
and materials to be employed for screening.
(d)
The location, size, arrangement and capacity of all areas to
be used for motor vehicle access, off-street parking, off-street loading
and unloading, and provisions to be made for lighting such areas.
(e)
The dimensions, location and methods of illumination for signs
and exterior lighting.
(f)
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
(g)
Sewer and water facilities and connections. Provisions to be
made for treatment and disposal of sewage and industrial wastes, water
supply and storm drainage.
(h)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including information on total land
area, area to be reserved in common open space, density, maximum building
coverage, total area to be covered with impervious surfaces and other
information which will assist the Commission in determining compliance
with this chapter.
(i)
A description of any proposed use in sufficient detail to permit the Commission to determine compliance with the performance requirements set forth in § 250-21 and the flood-prone area requirements.
(j)
Site contours at five-foot intervals.
(k)
All proposed site grading; drainage provisions; road, driveway
and parking lot construction and proposals.
(l)
A key map showing the entire project and its relation to surrounding
properties and existing building thereon.
(m)
Soils, slopes and floodplain delineations.
(n)
Certification by an engineer or surveyor.
(o)
Certification of ownership and acknowledgment of plan by owner
or developer.
D.
Site design guidelines. The following guidelines are divided into
nine categories to assist the applicant in the preparation of site
and building plans and to assist the Planning Commission in the review
of all site plans. These guidelines are meant to encourage creativity,
innovation and well-designed developments. They not only apply to
principal buildings and structures, but also to all accessory buildings,
structures, freestanding signs and other site features.
(1)
Preservation of landscape. Preserve the landscape in its natural
state by minimizing tree and soil removal. Ensure that grade changes
are compatible with the general appearance of neighboring developed
areas.
(2)
Relation of proposed buildings to environment. Relate proposed structure(s)
harmoniously to the terrain and to existing buildings that have a
visual relationship to the proposed structure(s). To achieve this
favorable relationship between existing and proposed uses, create
focal points with respect to avenues of approach, terrain features
or other buildings and relate open space between all existing and
proposed buildings.
(3)
Drive, parking and circulation. For vehicular and pedestrian circulation,
including walkways, interior drives and parking, give special attention
to the location and number of access points to public streets, width
of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic, arrangement of safe
and convenient parking areas. Design these vehicular and pedestrian
areas to enhance the appearance of and access to the proposed buildings
and structures and to the neighboring properties.
(4)
Surface water drainage. Give special attention to proper site surface
drainage to ensure that removal of surface waters will not adversely
affect either neighboring properties or the public storm drainage
system. Remove and efficiently carry away all stormwater from all
roofs, canopies and paved areas. Collect surface water in all paved
areas to permit vehicular and pedestrian movement.
(5)
Utility service. Place electric and telephone lines underground,
where possible. Locate, paint and undertake any other treatment to
ensure that any utilities which remain above ground will have a minimal
adverse impact on neighboring properties.
(6)
Advertising features. Ensure that the size, location, lighting and
materials of all permanent signs and outdoor advertising structures
or features will enhance rather than detract from the design of proposed
buildings and structures and the neighboring properties.
(7)
Special features. Provide needed setbacks, screen plantings and other
screening methods for exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures to help make them compatible
with the existing or contemplated site design and with neighboring
properties.
(8)
Performance and traffic impact. Adequately address all problems identified
through the application of the traffic impact study and analysis.
A.
At the request of the Zoning Hearing Board, the development projects
will be evaluated by the Zoning Officer to determine the level of
traffic impact on the Borough. The level of traffic impact will be
based on the estimated trip ends generated by the proposed uses in
the project. "Trip ends" are defined as the total number of trips
entering and leaving a specific land use or uses located in a project
per day. These trip ends will be based on the estimated trip generation
rates for various types of land uses based on the latest edition of
the publication entitled "Trip Generation, An Information Report,"
published by the Institute of Transportation Engineers.
B.
The total number of average daily trip ends shall also mean "average
daily traffic (ADT)." Schedule IV, entitled "Trip Ends Per Day," adapted
from the above publication, may be used for estimating the ADT generated
by any proposed project or addition to a project.[1] In lieu thereof, the developer or the Borough may use
the above publication directly if it is considered to provide a more
applicable estimate of the trip ends per day for the specific uses
proposed.
(1)
Determination of major traffic impact. Any development which has
an estimated ADT (or daily trip ends per day) in excess of 500 shall
be considered to have a "major traffic impact."
(2)
Phased projects. In the event that a project is to be phased over
a period of time, not exceeding 10 years, the total traffic impact
for the entire period of phasing shall be used in determining the
traffic impact.
(3)
Requirements for projects having a major traffic impact. All projects
which are determined to have a major traffic impact shall comply with
the following:
(b)
All such projects shall have direct access to an arterial road
or to a collector road in the Borough. In lieu of such access, the
developer shall provide a project road which is capable of handling
the level of traffic to be generated and which is proposed for development
by the developer to collector or major road standards, as established
by the Borough, from the project site to the closest existing collector
or arterial road.
(4)
Major traffic impact study. A major traffic impact study shall include
at least the following:
(a)
All projects which have an estimated ADT exceeding 1,000 vehicles
per day shall be required to submit a traffic impact study prepared
by a competent authority. The requirements for such a study are set
forth below.
(b)
Identification of all major roads and intersections serving
and substantially impacted by the project.
(c)
An analysis of how the proposed project users or residents will
use these major roads.
(d)
Existing traffic conditions (without the proposed project) including
traffic volumes (ADT) and peak-hour volumes on the identified major
roads, based on PennDOT information, surveys and trip-generation rates.
(In addition, commercial projects shall provide weekend traffic volume
data at peak hours.)
(e)
Projected traffic conditions (without the project) based on
trends in growth of traffic for ADT and peak-hour volumes. (In addition,
commercial projects shall provide weekend traffic volume data at peak
hours.)
(f)
Estimates of traffic volumes (ADT) weekday peak-hour volumes
and weekend peak-hour volumes after development of all stages of the
project.
(h)
Identification of existing and projected traffic problems on
roads serving the project or substantially impacted by the project,
including highway capacity deficiencies for the various roads and
intersections involved.
(i)
Solutions proposed by the developer to alleviate the identified
problems and deficiencies and the proposed cost of these improvements.
(j)
Identification and analysis of high accident areas located in
proximity to the project, as identified by the Borough's traffic
engineer and the effect which the proposed project will have on the
high accident areas and locations.
(k)
The competent authority responsible for preparing the major
traffic impact study shall certify to the following:
[1]
That in the preparation of the study that the applicable Borough
Comprehensive Plan and any pertinent Borough or other traffic or transportation
plan or study, as identified by the Borough Zoning Officer, have been
considered in the preparation of the major impact study.
[2]
That in the professional opinion of the competent authority
the completed major traffic impact study is a true and accurate study
which has given adequate consideration to available information and
includes reasonable projections and analysis to the factors considered
and that the study represents the best opinion of the competent authority
on the traffic impact of the proposed development.
[3]
That, if it has not been possible to fully analyze all relevant
factors, then those factors not analyzed shall be identified, together
with the reasons for their exclusion from the study.
[1]
Editor's Note: Schedule IV is on file in the Borough offices.
C.
The major traffic impact study shall be reviewed by the Planning
Commission and the Zoning Hearing Board in accordance with the special
use procedures established herein. The Planning Commission and the
Zoning Hearing Board may request additional data or information to
clarify the findings set forth in said study. The Zoning Hearing Board
shall not approve any such special use if it determines that any traffic
problem to be created by the proposed development cannot be adequately
alleviated by the developer.
A.
Adult facilities or businesses which contain an adult facility section
shall comply with the following requirements:
(1)
An adult facility shall not be located within 1,000 feet of any other
adult facility.
(2)
An adult facility shall not be permitted to be located within 1,000
feet of any public or private school, day-care facility, public recreation
facility or any house of worship.
(3)
No materials, merchandise, film or service offered for sale, rent,
lease, loan or for view shall be exhibited, displayed or graphically
represented outside of a building or structure.
(4)
Any building or structure used and occupied as an adult facility
shall be windowless or have an opaque covering over all windows or
doors of any area in which materials, merchandise, film, service or
entertainment are exhibited or displayed, and no sale materials, merchandise,
film or offered items of service or entertainment shall be visible
from outside the structure.
(5)
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
service or entertainment offered therein.
(6)
If all adult facility videotape rental uses are restricted to a discrete small area of 150 square feet or less within a larger non-adult facility business, then the requirements under Subsection A(4) and (5) above only apply to that section of the business which is devoted to an adult facility videotape rental use area within the business space.
A.
A family care facility and a group care facility shall meet the following
general requirements:
(1)
The site shall be conveniently located in regard to those support
facilities that are essential to the functioning of the specific facility.
These may include public transportation, medical, educational, recreational,
work opportunities, job training, social service, and/or other facilities
deemed necessary for the particular use.
(2)
Each site shall be:
(a)
At least 500 feet from another such facility (such distance
shall be measured in a horizontal straight line from the nearest point
on one lot to the nearest point on the other lot).
(b)
Limited to no more than one facility on either side of one street
along a two-block area.
(c)
Limited to no more than one facility within a two-block area.
(d)
Approved for all applicable federal, state, county and Borough
licenses and permits.
(e)
Operated so that all medical, counseling, or other services
be provided for the sole benefit of those persons residing in the
facility.
(f)
Subject to providing off-street parking space for the occupants
plus one per employee for the maximum number of employees on any one
shift.
A.
Buffer yard, buffer strip, screening requirements. All buffer yards
shall include a buffer strip with effective screening and shall comply
with the following:
(1)
Width of buffer yard. The following three buffer yard widths apply
to this chapter: five feet for off-street parking lots, 30 feet and
50 feet for industrial buffer yards. A thirty-foot yard shall be required
when an industrial land use is proposed adjacent to a public, semipublic
or quasi-public use, including park and recreation facilities. A thirty-foot
buffer yard shall be required when a new nonresidential land use is
proposed in a C Commercial District adjacent to a residential use
located in a residential zoning district. A fifty-foot buffer yard
shall be required when an industrial land use is proposed adjacent
to a residential use located in a residential zoning district.
(a)
Buffer yards shall be measured from the lot boundaries except when a street is located adjacent to and within the industrial property. Buffer yards shall be measured from the inside street line of any boundary line street. Each buffer yard shall include a buffer strip with effective screening. The remainder of the buffer yard shall be landscaped as required below in Subsection A(5)(b) below.
(b)
Buffer yards shall be measured from the lot boundary line or
from the near street line where a street serves as the lot boundary
line. Buffer yards may not be part of an existing or future street
right-of-way, but shall be in addition to that right-of-way.
(c)
The buffer yard may be combined with required side or rear yards,
and in case of conflict, the larger yard (buffer or building set back
requirement, whichever is greater) requirements shall apply.
(2)
Use prohibited in buffer yard. Except for fences, walls and/or a
directional sign at each driveway, the buffer yard shall be a landscaped
area free of structures, manufacturing or processing activity, materials
storage and vehicular parking. No driveways or streets shall be permitted
in the buffer yards except at points of ingress or egress.
(3)
Landscaping responsibility. All landscaping shall be the responsibility
of the owner of the lot, including the installation and maintenance
of all plant material.
(4)
Landscape plan. All landscaping designs shall be subject to review
by the Zoning Officer prior to installation. Each applicant shall
submit a planting plan to the Zoning Officer. This plan shall note
a planting schedule which includes the botanical names, common names,
size, quantity, and general remarks for each plant proposed. Plantings
will not be approved unless they conform to the minimum standards
set forth in this chapter.
(5)
Buffer yard landscaping requirements. All buffer yards shall include
a dense screen planting composed of trees, shrubs, and ground cover
to the full length of the lot line to serve as a barrier to visibility,
airborne particles, glare and noise throughout the year. Therefore,
deciduous plants alone shall not be an acceptable screen. Screen planting
shall be in accordance with the following requirements:
(a)
Plant materials used in the screen planting shall be of such
species and size as will produce, within five years, a visual screen
of at least six feet in height.
(b)
The minimum width of landscaped area for a five-foot buffer
shall be three feet; the minimum width of landscaped area for a thirty-foot
buffer yards shall be 20 feet; the minimum width of landscaped area
for a fifty-foot buffer yard shall be 35 feet. Buffer landscaping
shall include trees and shrubs alone or in combination with ground
berms, fences or walls.
[1]
Buffer yards shall be planted as follows:
|
Minimum Required Buffer Yard Width
(feet)
|
Minimum Number of Plant Units* Per 100 Linear Feet of
Buffer
| |
|---|---|---|
|
5
|
33
| |
|
30
|
80
| |
|
50
|
100
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Plant units:
| |
|
One shade tree = 10 plant units
| ||
|
One evergreen tree = 5 plant units
| ||
|
One shrub = 1 plant unit
| ||
[2]
The minimum number of plant units shall be limited to no more
than three shade trees counted per 100 linear feet of thirty-foot
buffer and no more than six shade trees per 100 linear feet of one-hundred-foot
buffer.
[3]
Existing, healthy trees and vegetation should be preserved and
may be considered as part of the buffer yard landscaping requirements.
Upon review and recommendation of the Borough Engineer, the Borough
Council may reduce the total buffer yard planting requirement if existing
vegetation, berms, fences and/or walls accomplish the purpose of the
above requirements.
(c)
The screen planting shall be so placed that at maturity, the
drip edge of the plant will not be closer than one foot from any street
or property line.
(d)
The screen planting shall be maintained permanently and any
plant material which does not live shall be replaced within one year.
(e)
Fences or freestanding walls, a soil berm or a combination of
these may be required on an individual basis as a supplement or alternative
to required screening. Fences or walls shall be constructed of approved
materials with the finished side facing the exterior of the lot on
which it is located and shall provide effective screening to a height
of six feet unless otherwise required on an individual site basis
by the Borough. Where fences or walls are relied upon for screening
a segment of the perimeter, the fences or walls along the perimeter
segment shall be broken only at points of vehicular or pedestrian
access.
(f)
In circumstances where it is impractical for a screen to meet
all the requirements of this section or would create an undue hardship,
the Borough Council may modify the requirements or approve acceptable
alternatives, which shall satisfy the spirit, objectives and intent
of the screen requirements. (The buffer should serve as a barrier
to visibility, airborne particles, glare and noise.)
B.
Crematoriums. Crematoriums shall be screened from any adjacent residential
or commercial developed land use. Any smoke vent pipes shall be constructed
according to requirements of state and local codes and shall be a
minimum of five feet higher than the tallest building within 500 feet
of the smoke vent pipe.
C.
Hospital, sanatoriums, private or parochial education institutions.
These special uses shall be permitted only when the applicant meets
all of the following guidelines, standards and requirements:
(1)
The parcel of land for this special use shall front on a major street.
The major street shall have a paved cartway width of at least 40 feet.
Vehicular ingress and egress for the special use shall be from a major
street.
(2)
The parcel of land for the special use shall be at least 65,000 square
feet in size or approximately 1 1/2 acres.
(3)
The minimum yard requirements for the special use shall be at least
twice the largest minimum yards required for that zoning district.
(4)
The parcel of land shall be developed with a buffer screen strip
along the inside of the property lines which face residential properties,
vacant lots which are zoned to permit residential use and which could
be developed for residential purposes or which face any other uses
which the Zoning Hearing Board shall deem to be incompatible with
the potential special use noise or land use activity.
(5)
A major traffic and parking impact study shall be prepared by the
applicant. If the special use is deemed to have a major traffic and/or
parking impact, then the developer must provide a plan and program
to mitigate that impact.
D.
Industrial. All structures shall conform with applicable requirements
and standards of the Pennsylvania Department of Labor and Industry
for Fire and Panic. Adequate screening and buffer yards shall be provided
to effectively screen off adjoining residential uses and adjoining
areas zoned for residential use. Landscaping and planting plans for
industrial developments shall be prepared and submitted to the Zoning
Officer.
E.
Junkyards. Junkyards shall be screened from view from any public street and any developed lot adjacent to the junkyard. See screening standards in Article V of this chapter.
F.
Residential: townhouse, garden apartment, low-rise apartment buildings,
multifamily structures.
(1)
Multifamily housing structures are permitted uses within R-2, R-3, and R-4 Districts as set forth in Schedule I,[1] provided that the central sewer and water systems are available to service the dwelling units. The requirements for multifamily housing developments within Chapter 215, Subdivision and Land Development, shall be met. Minimum lot area, lot width, yard, building height and maximum lot coverage requirements for multifamily housing structures shall be those set forth within Schedule II of this chapter.[2] In addition, it shall be required that 500 square feet of usable open space, of less than 15% slope and free of health or safety hazards be provided for each housing unit. The minimum floor area per dwelling unit shall comply with § 250-22D, Size of dwellings. Adequate screening and buffer yards shall be provided to effectively screen off adjoining nonresidential uses and to screen off any existing single-family residential structures. Landscaping and planting plans for multifamily developments shall be prepared and submitted to the Borough Planning Commission for review in compliance with Chapter 215, Subdivision and Land Development.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[2]
Editor's Note: Schedule II is included at the end of this chapter.
(2)
All multifamily residential structures shall conform with applicable
requirements and standards of the Pennsylvania Department of Labor
and Industry for Fire and Panic.
G.
Resort facilities.
(1)
Any proposed resort facility should include land development proposals
which are compatible with the environmental limitations of the tract.
No structures should be constructed in the floodway. Any historic
buildings, historic canal artifacts, nationally designated canal walkways,
any architecturally significant buildings and/or any archaeologically
significant sites should be identified. These sites should then be
dealt with respect and should be carefully integrated into the proposed
resort facility development plan.
(2)
A major traffic and parking impact study shall be prepared by the
applicant. If this special use is deemed to have a major traffic and/or
parking impact, then the developer must provide a plan and program
to mitigate that impact.
H.
Sanitary landfills. The State Department of Environmental Protection
regulations and/or standards for siting sanitary landfills shall be
used as guidelines for Zoning Hearing Board approval.
A.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section
shall not govern any tower, or the installation of any antenna:
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
to be one tower. Measurements for setbacks and separation distances
shall be measured from the outer perimeter of the towers included
in the AM array. Additional tower units may be added within the perimeter
of the AM array as of right.
B.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot, except that no antenna or tower
shall be permitted in a residential district.
(2)
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with zoning district regulations, including
but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of applicant's
existing towers, antennas, or sites approved for towers or antennas,
that are either within the boundaries of the Borough of Northampton
or within one mile of the border thereof, including specific information
about the locations, height, and design of each tower. The Zoning
Officer may share such information with other applicants applying
for permits under this chapter or other organizations seeking to locate
antennas within the boundaries of the Borough of Northampton; provided,
however that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(4)
Visual impact requirements. Towers and antennas shall meet the following
requirements:
(a)
Minimum height. The applicant shall request the minimum tower
and/or antenna height above ground level required to fulfill its technological
function.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other federal
agency with the authority to regulate towers and antennas. If such
standards and regulations are changed, then the owners of the towers
and antennas governed by this section shall bring such towers and
antennas into compliance with such revised standards and regulations
within six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
federal or commonwealth agency law or regulation. Failure to bring
towers and antennas into compliance with such revised standards and
regulations shall be a violation of this chapter.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in all applicable Northampton
Borough ordinances, including building and property maintenance, and
the applicable standards for towers that are published by the Electronic
Industries Association, as amended from time to time. If, upon inspection,
Northampton concludes that a tower: fails to comply with such codes
and standards; and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna, at the
owner's expense.
(8)
Measurement. For purposes of measurement, tower setback and separation
distances shall be calculated and applied to facilities located in
and outside Northampton Borough, irrespective of municipal and county
jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated or
permitted pursuant to this chapter and shall not be regulated or permitted
as essential services, public utilities or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall
certify in writing under oath to the Borough that all franchises required
by law for the construction and/or operation of a wireless communication
system in Northampton Borough have been obtained, and shall file a
copy of all required franchises with the Zoning Officer.
(11)
Signs. No portion of any tower or related structure shall be
used for a sign or other advertising purpose, including but not limited
to company name, phone number, banners, streamers, etc.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this subsection. No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage. There shall be no employees located on site. The facility may only be visited for routine maintenance and emergency repair. A minimum of two off-street parking spaces shall be provided for a tower. The parking shall conform to the parking standards of this chapter. Adequate emergency and service access shall be provided. Access roads shall comply with Chapter 215, Subdivision and Land Development. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(13)
Multiple antenna/tower plan. Northampton Borough encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
(14)
District requirements.
(a)
Antennas shall not be permitted in any open space residential
district, CO Conservancy District, R-1 Residential District, R-2 Residential
District, R-3 Residential District, R-4 Residential District, C-1
Commercial Transition District or C-2 Commercial District.
(b)
Towers or antennas shall be allowed by special exception in
I-1 Industrial District and I-2 Industrial District.
(c)
Natural and historic preservation. Any tower or antenna shall
comply with all natural resource preservation ordinances. In addition,
no tower or antenna shall be located on a building or structure that
is listed on a historic register, or is in a historic district.
(15)
Demonstration of need.
(a)
Unique site. The applicant shall demonstrate, using technological
evidence, that the tower or antenna must go where it is proposed in
order to satisfy its function pursuant to the company's technological
requirement.
(b)
Good faith effort. Prior to proposing the construction of a
new tower, the applicant shall demonstrate that a reasonable effort
has been made to site the antenna on an existing structure within
close proximity of the chosen site. At all times, shared use of existing
towers shall be preferred to the construction of new towers. In addition,
documentation shall be provided to show that the applicant has contacted
by certified mail, return receipt requested, all tower owners within
a one-mile radius of the proposed site and give the physical and/or
financial reasons why shared usage is not practical.
(16)
Visual impact assessment. The applicant shall be required to
undertake a visual impact assessment on any proposed new tower or
any proposed modification to an existing tower to include:
(a)
A Zone of Visibility Map, provided in order to determine locations
where the proposed tower or antenna may be seen.
(b)
Pictorial representations of "before" and "after" views from
key viewpoints, both inside and outside of the Borough, where the
proposed tower or antenna may be seen.
(c)
Assessment of alternative tower design and color schemes.
(d)
Assessment or the visual impact of the tower base, accessory
buildings, and overhead utility lines from abutting properties and
streets.
C.
Permitted uses. Antennas or towers located on property owned, leased,
or otherwise controlled by the Borough are deemed permitted without
further zoning approval, provided that the Borough has, in its sole
discretion, entered into a license or lease for the same with third
parties setting forth the criteria for occupancy.
D.
Antenna collocation.
(1)
Height.
(a)
An existing tower may be modified or rebuilt to a greater height,
not to exceed 30 feet over the tower's existing height, to accommodate
the co-location of an additional antenna.
(2)
On-site location.
(a)
A tower which is being rebuilt to accommodate the collocation
of an additional antenna may be moved on-site within 50 feet of its
existing location.
(b)
After the tower is rebuilt to accommodate co-location, only
one tower may remain on the site.
(c)
A relocated on-site tower shall continue to be measured from
the relocated tower location for purposes of calculating separation
distances between towers pursuant to this chapter.
(d)
The on-site relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands as established
in this chapter shall not be permitted.
E.
Special exceptions.
(1)
General. The following provisions shall govern the issuance of special
exceptions for towers or antennas by the Zoning Hearing Board:
(a)
Construction of a tower or placement of an antenna may only
be permitted by special exception in the permitted districts. Otherwise,
towers and antennas shall not be authorized in Northampton Borough.
(b)
Applications for special exception under this subsection shall
be subject to the procedures and requirements of this chapter, except
to property owned by the Borough.
(c)
In granting a special exception, the Zoning Hearing Board may
impose conditions to the extent the Zoning Hearing Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer, as appropriate within such engineer's
competence.
(e)
An applicant for a special exception shall submit the information
described in this chapter and a nonrefundable fee as established from
time to time by resolution of the Borough Council.
(2)
Tower.
(a)
Information required. In addition to any information required
for special exception applications generally, applicants for a special
exception for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
zoning classification of the site and all properties within the applicable
separation distances set forth in this chapter, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
parking, and such other information deemed by the zoning officer to
be necessary to assess compliance with this chapter.
[2]
Legal description of the subject tract or parcel.
[3]
The setback distance between the proposed tower and the nearest
residential unit, the nearest property lines of platted residentially
zoned property, and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this chapter shall be shown
on an updated site plan or map. The applicant shall also identify
the type of construction of the existing tower(s) and the owner/operator
of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
[7]
A sworn and notarized affidavit by the applicant of compliance
with all sections of this chapter and all applicable federal, state
or local laws.
[8]
A sworn and notarized affidavit by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
[9]
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in Northampton Borough.
[10]
A description of the suitability of the use of existing towers,
other structures, or alternative technology not requiring the use
of towers or structures, to provide the services to be provided through
the use of the proposed new tower.
[11]
A description of the feasible location(s) of future towers within
Northampton Borough based upon existing physical, engineering, technological
or geographical limitations, in the event that the proposed tower
is erected.
[12]
Accommodation of future users. All towers permitted after the
effective date of this chapter must be engineered to provide the structural
capacity and the space necessary to accommodate additional new users.
The plans submitted to the Zoning Officer shall clearly indicate which
portion(s) of the tower which will be reserved to future users.
[13]
Borough Emergency Communications Network. In addition to providing
the structural capacity and space to accommodate future commercial
users, the applicant must also dedicate space on the new tower to
be used by the Borough Emergency Communications Network. The plans
submitted to the Borough shall clearly indicate which portion(s) of
the tower that shall be dedicated, free of charge, to the Borough
for this purpose.
(b)
Factors considered in granting special exception for towers.
In addition to any standards for consideration of special exceptions
generally, the Zoning Hearing Board shall consider the following factors
in determining whether to issue a special exception:
[1]
Height of the proposed tower, which shall not exceed 200 feet;
[2]
Proximity of the tower to residential structures and residential
district boundaries;
[3]
Name of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress;
[8]
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers and structures,
as discussed in this chapter;
[9]
Demonstration of need requirement as set forth in this chapter.
(c)
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Zoning
Hearing Board that no existing tower, structure, or alternative technology
that does not require the use of new towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Zoning Hearing Board related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure,
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment;
[4]
The applicant's proposed antenna would cause unacceptable
electromagnetic interference with the antenna on the existing towers
or structures would cause unacceptable interference with the applicant's
proposed antenna.
[5]
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures (such as a cable
micro-cell network using multiple low-powered transmitters/receivers
attached to a wireline system) is unsuitable. However, costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback shall apply to all towers for
which a special exception is required:
(e)
Separation. The following separation requirements shall apply
to all towers and antennas for which a special exception is required:
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[b]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
| |
|
Single-family or duplex residential units. Includes modular
homes and mobile homes used for living purposes.
|
200 feet or 200% height of tower, whichever is greater
| |
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% height of tower, whichever is greater. Separation
measured from base of tower to closest building setback line.
| |
|
Vacant unplatted residentially zoned lands. Includes any unplatted
residential use properties without an approved, preliminary subdivision
plan or other valid development plan approval, and any multifamily
residentially zoned land greater than duplex.
|
200 feet or 200% height of tower, whichever is greater
| |
|
Existing multifamily residential units greater than duplex units
|
200 feet or 200% height of tower, whichever is greater
| |
|
Nonresidentially zoned lands or nonresidential uses
|
100% of the height of tower
| |
[2]
Separation distances between towers.
[a]
Separation distances between towers shall be applicable
for and measured between the proposed tower and preexisting towers.
The separation distances shall be measured by drawing or following
a straight line between the center of the base of the existing tower
and the center of the proposed base, pursuant to a site plan, of the
proposed tower. The separation distances (listed in linear feet) shall
be as shown in Table 2.
[b]
Table 2:
|
Table 2 — Existing Towers — Types
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(f)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height, with an appropriate anticlimbing
device.
(g)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required:
[1]
An evergreen screen can be required to surround the tower and
any other ground-level features such as a building. The screen can
be either a hedge (planted three feet on center maximum), or a row
or evergreen trees (planted 10 feet on center maximum) and shall blend
with existing vegetation to the greatest extent possible. The evergreen
screen shall be a minimum height six feet at planting, and shall grow
to a minimum of 15 feet at maturity.
[2]
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
F.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 100 square feet
of gross floor area or eight feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area or the equipment structure and other equipment and structures
shall not occupy more than 20% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes, as amended from time to time.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following. In permitted districts, the equipment
cabinet or structure shall be no greater than 10 feet in height or
200 square feet in gross floor area. The structure or cabinet shall
be screened by a dense planting screen with an ultimate height of
at least six feet. In all other instances, structures or cabinets
shall be screened from view of all residential properties which abut
or are directly across the street from the structure or cabinet by
an opaque fence eight feet in height minimum or an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
G.
Removal of abandoned antennas and towers.
(1)
Any antenna or tower that is not operated and for which there is
no intent or attempt to operate, for a continuous period of time of
12 months, shall be considered abandoned, and the owner of such antenna
or tower shall remove the same within 90 days after receipt of notice
from Northampton Borough notifying the owner of such abandonment.
Failure to remove abandoned antenna or tower within said ninety-day
period shall be grounds to remove the tower or antenna at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users have abandoned
the tower or antenna. A sum sufficient to cover the cost of removal
must be posted as cash escrow or acceptable equivalent with the Borough.
The amount required shall be determined in the sole discretion of
the Zoning Hearing Board based upon the unique characteristics of
the tower or antenna or site. The applicant and/or owner shall cooperate
with the Zoning Hearing Board in supplying all necessary construction
data to the Zoning Hearing Board prior to the approval of any application.
Cost estimates shall be reviewed by the Borough Engineer with the
applicant to pay said fees.
(2)
Annual certification and permit. In January of each year, an inspection
shall be performed by an independent engineer acceptable to the Borough
and paid by the applicant, and verification shall be provided to the
Zoning Officer that there have been no changes in the operating characteristics
of the tower or antenna as approved at the time of the special exception
application including, at a minimum:
(a)
Direction of the signal;
(b)
Frequency, modulation, and class of service;
(c)
Transmission and maximum effective radiated power;
(d)
Manufacturer, type and model of equipment;
(e)
Height of the antenna or tower;
(f)
Name, address and emergency telephone number of the operator;
(g)
Copy of the current FCC license;
(h)
Review of all reasonable requests of shared use of the tower.
H.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this chapter shall not be deemed to constitute the expansion or
a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue
their use as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas.
Notwithstanding the above, bona fide nonconforming towers or antennas
that are damaged or destroyed may be rebuilt in like kind without
having to meet the separation requirements specified in subsections
of this section. The type, height, and location of the tower on site
shall be of the same type and intensity of array as the original facility
approval. Building permits to rebuild the tower or antenna shall comply
with the then-applicable building codes and shall be obtained within
180 days from the date the tower or antenna is damaged or destroyed.
If no permit is obtained or if said permit expires, then the tower
or antenna shall be deemed abandoned.
