The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplementary
regulations.
*Essential services, as defined in this chapter, shall be permitted as special exceptions in all zoning districts, subject to restrictions approved by the Zoning Hearing Board with respect to use, design, yard area, setback and height. The Board shall consider the impact of the use, activity or structure involved on adjacent land uses in terms of safety, potential for property devaluation and related factors. (*See §
260-79, Cellular communication antenna.)
Individual mobile home, not a part of a mobile home park, that
is installed where permitted on private land as a single-family residential
dwelling shall comply with all regulations for conventional dwelling
houses with respect to size, setback and side lines of the district
in which it will be sited, and shall meet the following additional
requirements:
A. The mobile home shall be installed to conform with all front yard,
side yard and rear yard setback lines applicable to housing in the
district.
B. The mobile home shall be installed upon, and securely fastened to,
a frost-free basement, permanent footer or comparable stable and secure
base, as approved by the Township Supervisors.
C. An enclosure (skirting) of compatible design and material shall be erected around the entire base of any mobile home installation when the base (as required in Subsection
B above) does not completely enclose open spaces between the bottom of the mobile home structure and the ground level below said structure. Said enclosures shall provide for sufficient ventilation to inhibit decay and deterioration of the structure and to deter habitation by vermin.
D. The owner shall provide a potable water supply and shall provide
a sewage disposal system which meets all standards of the Pennsylvania
Department of Environmental Protection.
Roadside stands for the sale of produce and related farm products
produced on site in A-1 Districts shall conform to the following minimum
standards:
A. Structures shall be a minimum distance of 15 feet from the highway
right-of-way line.
B. An off-street parking area must be provided for patrons.
C. All parking areas shall be a minimum of 10 feet from the highway
cartway.
Home gardening is a permitted accessory use in all A-1, R-1,
R-2 and R-3 Districts. Temporary roadside stands for the seasonal
sale of locally grown agricultural products in R-1, R-2 and R-3 Districts
are permitted but must be set back at least 15 feet from the cartway.
All stands must be removed when seasonal use is terminated. At least
two off-street parking spaces must be provided in addition to those
required under regulations for residential parking and shall be a
minimum of 10 feet from the highway cartway.
Transient vendors, when authorized under applicable state and
Township regulations and by affected property owners, may be permitted
to sell products, subject to the following:
A. Activities shall be restricted to A-1, C-3 and M-1 Districts.
B. Temporary structures, signs and vehicles used for the sales activity
shall be situated a minimum distance of 20 feet from the highway cartway.
Said structures, signs and vehicles shall be removed during periods
when sales operations are not in progress.
C. Minimum clear sight lines of 500 feet along the highway approaches
to the sales site shall be maintained from both directions.
D. Off-street parking shall be available at a minimum distance of 20
feet from the highway cartway.
E. A minimum of five off-street parking spaces shall be provided.
F. Signs relating to the sale of products shall be limited to a total
of two. Individual signs shall not exceed 10 square feet in area.
G. Signs shall not be placed within 20 feet of the highway cartway and
shall be within 150 feet of the sales site.
Cellular communication antenna, as defined in this chapter,
shall be permitted in all zoning districts as a conditional use; however,
uses shall be authorized in residential districts only when it can
be demonstrated, using technological evidence, that the antenna must
go where it is proposed to satisfy its function in the operational
grid system. Conditional use applications may be authorized pursuant
to the standards and criteria specified herewith:
A. Existing structures.
(1) In order to reduce the number of antenna support structures needed
in the community in the future, proposed support structures shall
be required to accommodate other users, including other cellular communication
companies and local police, fire and ambulance companies.
(2) A cell site with antenna that is attached to an existing communication
tower, smokestack, water tower, or other tall structure is permitted
in all zoning districts. The height of the antenna shall not exceed
the height of the existing structure by more than 15 feet. If the
antenna is to be mounted on an existing structure (and is within the
fifteen-foot limit), it shall be authorized as a use by right, and
the applicant shall not be required to meet the standards and criteria
contained in the following provisions of this section of the chapter.
B. New structures.
(1) If the cellular communications company proposes to build a tower
(as opposed to mounting the antenna on an existing structure), it
is required to demonstrate that it contacted the owners of tall structures
within a one-quarter-mile radius of the site proposed, asked for permission
to install the antenna on those structures, and was denied for reasons
other than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other cellular communications
companies, other communications towers (fire, police, etc.), and other
tall structures. The municipality may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the antenna on an existing structure.
(2) All other uses ancillary to the antenna and associated operational
equipment (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the cell site, unless otherwise
permitted in the zoning district in which the cell site is located.
(3) A cell site with antenna that is either not mounted on an existing
structure or is more than 15 feet higher than the structure on which
it is mounted is permitted in all zoning districts, but requires a
conditional use approval in all districts.
C. Application requirements for conditional use. The application for
conditional use shall include a development and operational plan.
The following information, and all other data deemed appropriate and
necessary to demonstrate that the intent and purposes of this chapter
will be achieved, shall be included.
(1) A description of the character, timing and duration of the proposed
construction, operation and use of the facility, including maps and
plans showing the location of the site, all access routes from public
roads, and the regional area to be influenced by the proposed activity
and use.
(2) A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in Chapter
225, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
(3) Complete plans of the proposed tower and all auxiliary structures
and support facilities. The applicant shall demonstrate that the proposed
antenna and support structure are safe and the surrounding areas will
not be negatively affected by support structure failure, falling ice
or other debris, electromagnetic fields, or radio frequency interference.
All support structures shall be fitted with anti-climbing devices,
as approved by the manufacturers. the Township Supervisors may require
independent studies and reviews of all such assurances. These shall
be prepared by qualified professionals acceptable to both the developer
and the governing body. The cost of all such studies and reviews shall
be borne by the applicant in cases where issues develop over the need
for or the adequacy of safety and compliance with this chapter.
(4) The applicant shall demonstrate that the antenna is the minimum height
required to function satisfactorily. No antenna that is taller than
this minimum height shall be approved. Antenna support structures
under 200 feet in height should be painted silver or have a galvanized
finish retained in order to reduce the visual impact. Support structures
may be painted green up to the height of nearby trees. Support structures
200 feet in height or taller, or those near airports, shall meet all
Federal Aviation Administration regulations. No antenna support structure
may be artificially lighted except when required by the FAA.
(5) Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be as follows:
(a)
Agricultural districts and residential districts that require
a minimum lot area of one acre or more: 40% of antenna height.
(b)
Residential districts that require a minimum lot area of less
than 43,560 square feet: 30% of antenna height.*
(c)
Business districts (commercial and industrial): 20% of antenna
height.*
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*
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Requirements may be relaxed if the cellular communications company
can demonstrate, using technological evidence, that the antenna must
go where it is proposed in order to satisfy its function in the company's
grid system.
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(6) All buildings and structures on the site other than the antenna support
structure and any guy wire anchors shall conform to the setback and
dimensional requirements that apply to the zoning district in which
the site is located.
(7) A fence shall be required around the antenna support structure and
other equipment, unless the antenna is mounted on an existing structure.
The fence shall be a minimum of eight feet in height. The entire fence
shall be constructed in a manner to prevent the entry onto the portion
of the premises on which the use is situated by unauthorized persons,
domestic animals or livestock.
(8) All applicable parking, sign and other requirements of this chapter
shall apply. If the cell site is fully automated, adequate parking
shall be required for maintenance workers. If the site is not automated,
the number of required parking spaces shall equal the number of people
on the largest shift.
(9) The site, including all structures, shall be constructed and landscaped
in a manner appropriate to the district in which it is located. Open
areas shall be covered with an appropriate vegetative material and
properly maintained.
(a)
Suitable landscape screening or buffers shall be developed,
if deemed necessary by the governing body, to minimize visibility
of outside storage or ground-level operational functions, if said
activities are readily visible from adjoining properties used for
residential purposes. Where required, a screen or buffer shall have
a height adequate to achieve its purpose.
(b)
Plant materials used for screening shall consist of dense evergreen
plants. They shall be of a kind or used in such a manner so as to
provide a continuous opaque screen within 24 months after commencement
of operations in the area to be screened. The governing body shall
require that either new planting or alternative screening be provided
if, after 24 months, the plant materials do not provide an opaque
screen.
(c)
The governing body may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the antenna is mounted on an existing structure and
other equipment is housed inside an existing structure, landscaping
shall not be required.
(10)
When applicable, the applicant shall have obtained from each
appropriate state and federal regulatory agency or authority a permit
issued in accordance with all applicable state and federal laws, directives
and regulations for the proposed use.