[Amended 6-17-2002 by Ord. No. 02-04]
No building or structure shall hereafter be
constructed, enlarged, or modified and no use or activity shall be
conducted or expanded unless provision is made on the same or adjacent
lot for off-street parking facilities, either within a structure or
in the open, and with proper and safe access from a street, to adequately
serve the uses within the district according to the provisions of
this section.
A.
Location.
(1)
No portion of a public street shall be utilized in
complying with the parking requirements of this section.
(2)
All parking spaces shall be on the same lot as the principal buildings they serve, except where modified as provided in Subsection K.
(3)
In any commercial or industrial district, no parking,
loading or service area shall be located within 25 feet of the ultimate
right-of-way line.
(4)
For residential dwellings, the spaces shall be on
the same lot and within 100 feet of the dwelling unit they serve.
B.
Circulation.
(1)
All parking aisles shall be designed to discourage
through motor vehicular circulation.
(2)
Access areas are those areas adjacent to a structure,
facility or use area which are primarily intended to provide for such
functions as pick-up and delivery, servicing and emergency vehicle
access. Access areas shall not include parking areas.
(a)
Access areas shall be clearly delineated by
signs and pavement markings noting use restrictions.
(b)
All service and delivery areas shall be laid
out so that their periodic use will not obstruct the normal flow of
vehicular traffic and pedestrian circulation.
(c)
Areas primarily intended for picking up and/or
discharging passengers or goods shall be clearly designated by pavement
markings and signs.
(d)
Parking shall not be permitted along driveways
or accesses that serve as the main entrance(s) or exit(s) to parking
areas.
(3)
Pedestrian paths shall be provided from the parking
areas to the entrances of buildings and adjacent street sidewalks.
Pedestrian walks crossing any parking and driveway aisles shall be
delineated by either stripes or a different paving material.
C.
Size.
(1)
Parking spaces for each vehicle shall be at least
nine feet by 18 feet in size and shall have a paved surface, except
for parking spaces serving single-family detached dwellings, which
may be an improved all-weather surface, providing safe and convenient
access in all seasons.
(2)
The required parking area shall be measured exclusive
of interior drives or maneuvering areas.
(3)
In the design of the parking lots, the minimum required
stall depth, stall width and aisle width shall be as shown in the
following table:
|
Aisle Width
| |||||
|---|---|---|---|---|---|
|
Angle of Parking
(degrees)
|
Stall Width*
(feet)
|
Stall Depth**
(feet)
|
Stall Line Length
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
|
|
90
|
9
|
18
|
18
|
25
|
25
|
|
60
|
9
|
19
|
22
|
16
|
Not permitted
|
|
45
|
9
|
17
|
24
|
14
|
Not permitted
|
|
Parallel
|
8
|
22
|
8
|
--
|
--
|
|
NOTES:
| |
|---|---|
|
*
|
Stall width is measured perpendicular to the
stall lines.
|
|
**
|
Stall depth is measured perpendicular to the
front edge of the stall.
|
D.
Design.
(1)
Angle or perpendicular parking shall not be permitted
along public streets. All parking areas permitting parking other than
perpendicular shall be reviewed by the Township with special attention
to circulation and access.
(2)
Interior circulation within parking areas shall also be in accordance with the provisions of § 200-76 of this chapter.
(4)
Parking spaces shall be clearly delineated by suitable
markings. Special use spaces such as short-term visitor parking, handicapped
parking and pick-up/drop-off zones shall be differentiated from long-term
parking by suitable signing and markings.
(5)
Handicapped parking. The handicapped parking requirements
shall be in accordance with the latest Americans with Disabilities
Act requirements or the following requirements whichever is greater.
The requirements shall apply to all nonresidential uses, or as otherwise
required by the Township.
(a)
The number of parking spaces for physically
handicapped persons shall be determined as follows:
|
Total Parking in Lot
|
Required Minimum
Number of Accessible Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
(b)
Said spaces shall be most accessible and proximate
to the building or buildings that the parking spaces shall serve.
(c)
Each space or group of spaces shall be identified
with a clearly visible sign displaying the international symbol of
access.
(d)
The size of the handicapped parking shall adhere to Subsection C, except that the stall width can be eight feet.
(e)
Access aisles adjacent to accessible spaces
shall be five feet wide at minimum and one in every eight accessible
spaces, but not less than one, shall be served by an access aisle
eight feet wide at minimum, and shall be designated as "van accessible."
(f)
Where possible, such spaces shall be located
so that persons in wheelchairs or using braces or crutches are not
compelled to wheel or walk behind parked cars.
(g)
Where applicable, curb ramps shall be provided
to permit handicapped people access from the parking lot to the sidewalk
or building entrance.
E.
Reserve parking. At the discretion of the Township, a portion of any required parking up to 25% of the total required, or more if provided parking is proven to be sufficient by the applicant, may be provided as reserve parking, where approved as a modification subject to the provisions of Subsection K below.
F.
Shared parking. At the discretion of the Township and where approved as a modification subject to the provisions of Subsection K below, a reduction in the sum total of the required parking up to 25% of the total required, or more if provided parking is proven to be sufficient by the applicant, may be permitted in the case of a development plan in which there are efficiencies derived by shared parking for two or more contiguous uses with common parking area(s), and/or which may have complementary peak parking demands.
G.
Residential parking requirements.
(1)
For all residential uses, the first garage bay located
on the same lot as the dwelling unit is counted as half of an off-street
parking space, since garage bays are also used for storage purposes.
Each garage bay in excess of one and also located on the same lot
as the dwelling unit is counted as one parking space.
(2)
Minimum off-street parking requirements shall be as
follows:
[Amended 6-15-2020 by Ord. No. 2020-01]
|
Residential Uses
| |
|---|---|
|
Land Use Description
|
Parking Supply
|
|
Single-family home
|
3.0 spaces per dwelling unit
|
|
Multifamily dwelling (greater than 3 bedrooms)
|
3.0 spaces per dwelling unit
|
|
Multifamily dwelling (3 bedrooms)
|
2.5 spaces per dwelling unit
|
|
Multifamily dwelling (equal to or less than
2 bedrooms)
|
2.25 spaces per dwelling unit
|
|
Apartment (2 or less bedrooms)
|
2.0 spaces per dwelling unit
|
|
Accessory apartments for family members
|
1.0 space for each accessory apartment use
|
|
Apartment in combination with a business
|
2.0 spaces for each accessory apartment use
|
|
Residential conversions
|
3.0 spaces per dwelling unit
|
|
Mobile or modular home
|
3.0 spaces per dwelling unit
|
|
Boardinghouse and community/group home
|
1.0 space per guest, plus 1.0 space per employee and volunteer. 50% of the parking for residents/guests may be held in reserve in accordance with Subsection E
|
|
Housing for elderly (apartments)
|
1.5 spaces per apartment dwelling unit
|
|
Housing for elderly (single-family and townhouse)
|
2.0 spaces per single-family dwelling unit
|
|
Assisted living housing for elderly
|
0.6 spaces per dwelling unit
|
|
Dwelling unit within a mixed-use dwelling with greater than
3 bedrooms
|
3.0 spaces per dwelling unit
|
|
Dwelling unit within a mixed-use dwelling with 3 bedrooms
|
2.5 spaces per dwelling unit
|
|
Dwelling unit within a mixed-use dwelling with 2 or less bedrooms
|
2.0 spaces per dwelling unit
|
H.
Nonresidential parking requirements.
(1)
There shall be sufficient parking spaces provided
for each use by the application of the appropriate formula for each
use as listed in this subsection. The Township may authorize a reduction
in the number of off-street parking spaces in cases where the applicant
can justify the reduction and still provide adequate facilities. The
number of required parking spaces may be increased based on the intensity
of the use, with the burden of proof on the applicant. In the case
of mixed uses, the total number of required parking spaces shall be
the sum of the required spaces for the various uses computed separately.
(2)
For assembly uses, adequate parking (preferably unpaved)
subject to the Township shall be provided to accommodate overflow
parking for special event parking demand.
(3)
Throughout this subsection, "sf" shall be interpreted
as "square feet" and "GFA" shall be interpreted as "gross floor area."
Minimum off-street parking requirements shall be as follows:
[Amended 10-17-2022 by Ord. No. 2022-06]
|
Commercial Uses, Industrial Uses, and
Services
| |
|---|---|
|
Land Use Description
|
Parking Supply
|
|
Office/business services
|
5.0 spaces per 1,000 sf of GFA
|
|
Personal/professional services
|
5.0 spaces per 1,000 sf of GFA
|
|
Bank/financial services
|
4.0 spaces per 1,000 sf of GFA
|
|
Car wash - nonautomated
|
1.0 space per employee, plus 2.0 drying spaces
per stall
|
|
Car wash - automated/tunnel
|
1.0 space per employee, plus 6.0 drying spaces
per tunnel
|
|
Commercial services
|
5.0 spaces per 1,000 sf of GFA
|
|
Funeral home
|
20.0 spaces per 1,000 sf of floor area for public
use, plus 1.0 space per employee, plus 1.0 space for each vehicle
normally stored on the premises
|
|
Restaurant and drive-through restaurant |
1.0 space per 50 sf of public use area or 1.0
space per 2 seats, whichever is greater, plus 1.0 space per employee
|
|
Motel/hotel
|
1.0 space per room, plus 1.0 space per employee
on site between check-in and check-out, plus the parking requirement
of any other permitted ancillary land use on the property
|
|
Personal storage/mini storage
|
6.0 spaces for customer parking at the rental
office, plus 1.0 space per employee, plus 1.0 space for each stored
vehicle
|
|
Retail/shopping center
|
5.0 spaces per 1,000 sf of GFA
|
|
Service station/auto body repair
|
2.0 spaces per service bay, plus 1.0 space per
employee, plus 1.0 space for each stored vehicle
|
|
Research/laboratory
|
3.0 spaces per 1,000 sf of GFA
|
|
Manufacturing equal to or less than 100,000
sf of GFA
|
2.5 spaces per 1,000 sf of GFA
|
|
Manufacturing greater than 100,000 sf of GFA
|
2.0 spaces per 1,000 sf of GFA
|
|
Laundromat
|
20.0 spaces per 1,000 sf of GFA
|
|
Gas station
|
1.0 space per pump island, plus 1.0 space for
each employee, plus the parking requirement for any other permitted
ancillary land use on the property (i.e., convenience store, service
station)
|
|
Junkyard
|
0.1 space per 1,000 sf of gross lot area, plus
1.0 space per employee, plus 1.0 space for each stored vehicle
|
|
Lumber yard/building materials sale
|
5.0 spaces per 1,000 sf of building GFA, plus
1.0 space per 1,000 sf of outdoor display area, plus 1.0 space per
vehicle normally stored on the premises
|
|
Outdoor retail sales
|
1.0 space per 1,000 sf of area or fraction thereof,
plus the parking requirement for any other permitted ancillary land
use on the property
|
|
Wholesale sales
|
2.0 spaces per 1,000 sf of GFA, plus 1.0 space
per vehicle normally stored on the premises
|
|
Convenience store
|
5.0 spaces per 1,000 sf of GFA
|
|
Eating place, drive-through/fast food
|
1.0 space per 30 sf of public use area or 1.0
space per 2 seats, whichever is greater, plus 1.0 space per employee
|
|
Adult entertainment
|
1.0 space per 100 sf of GFA
|
|
Nightclub
|
1.0 space per 3 persons allowed within the maximum
occupancy, plus the parking requirement for any other permitted ancillary
land use on the property (i.e., eating and drinking establishment)
|
|
Bed-and-breakfast inn
|
2.0 spaces for the primary dwelling, plus 1.0
space per rental room, plus 1.0 space per employee, plus the parking
requirement for any other permitted ancillary land use of the property
|
|
Equipment sales and rental
|
5.0 spaces per 1,000 sf of GFA, plus 1.0 space
per vehicle normally stored on the premises
|
|
Contractor services
|
1.0 space per employee or 1.0 space per 500
sf of GFA whichever is greater, plus 1.0 space per company vehicle
normally stored on the premises
|
|
Food processing
|
2.0 spaces per 1,000 sf of GFA, plus 1.0 space
for each company vehicle normally stored on the premises
|
|
Recycling facility
|
1.0 space per employee, plus 1.0 space for each
vehicle normally stored on the premises, plus 5.0 additional spaces
|
|
Truck terminal
|
1.0 space per employee on the shift having the
largest number of employees, plus 1.0 space per vehicle normally stored
on the premises
|
|
Warehouse
|
1.0 space per 1,000 sf of GFA, plus 1.0 space
per vehicle normally stored on the premises
|
|
Vehicle sales/rentals
|
2.0 spaces per 500 sf of showroom area, plus
1.0 space per 2000 sf of outdoor display area, plus 1.0 space per
employee, plus 1.0 space per display vehicle
|
|
Health spa
|
5.0 spaces per 1,000 sf of GFA, plus 1.0 space
per employee
|
|
Institutional and Public Uses
| |
|---|---|
|
Land Use Description
|
Parking Supply
|
|
Hospital
|
1.5 spaces per patient bed, plus 1.0 space per
employee on the shift having the largest number of employees, plus
1.0 space for each vehicle normally stored on the premises (i.e.,
emergency vehicles)
|
|
Library
|
5.0 spaces per 1,000 sf of GFA, plus 1.0 space
per employee
|
|
Museum or similar institution
|
5.0 spaces per 1,000 sf of GFA, plus 1.0 space
per employee
|
|
Community center/social club
|
1.0 space per 3 persons of total design capacity
or 20.0 spaces per 1,000 sf of assembly area, whichever is greater,
plus adequate space (unpaved) for overflow parking, if applicable
|
|
Day-care center
|
1.0 space per 300 sf of GFA, plus 1.0 space
per employee
|
|
Elementary school/middle school (including boarding
schools)
|
1 space per faculty member, employee, and volunteer,
plus 1.0 space per 2 classrooms or 1.0 space per 3 persons of design
occupancy of the assembly area, whichever is greater, plus adequate
space (unpaved) for overflow parking, if applicable
|
|
High school (including boarding schools)
|
1.0 space per faculty member, employee, and
volunteer, plus 1.0 space per 2 students of the maximum total student
design capacity or 1.0 space per 3 persons of design occupancy of
the assembly area, whichever is greater, plus adequate space (unpaved)
for overflow parking, if applicable
|
|
Church/place of worship
|
1.0 space per 2 persons of occupancy of the
assembly area, plus 2.0 spaces per dwelling, plus 1.0 space per employee,
plus adequate space (unpaved) for overflow parking, if applicable
|
|
Utility installation
|
1.0 space per employee on the shift having the
largest number of employees, with a minimum of 2.0 spaces
|
|
Commercial or industrial trade school
|
1.0 space per faculty member, employee, and
volunteer, plus 1.0 space per 2 students of the maximum total student
design capacity or 1.0 space per 3 persons of design occupancy of
the assembly area, whichever is greater, plus adequate space (unpaved)
for overflow parking, if applicable
|
|
Senior day-care facility
|
4.0 spaces per 1,000 sf of GFA, plus 1.0 space
per employee
|
|
Nursing home
|
1.0 space per 3 beds, plus 1.0 space for each
full-time employee on the shift having the largest number of employees
|
|
Emergency services
|
Subject to the needs of the applicant, but as
a guideline 1.0 space per vehicle operated in connection with the
use, and 2.0 spaces per employee or volunteer on the largest shift
or 6.0 spaces per pumper/ladder truck, 4.0 spaces per small/medium
sized truck, 2.0 spaces per ambulance/paramedic vehicle
|
|
Recreational Uses
| |
|---|---|
|
Land Use Description
|
Parking Supply
|
|
Bowling alley
|
5.0 spaces per bowling lane, plus 1.0 space
per employee
|
|
Country club/golf club
|
5.0 spaces per hole, plus 1.0 space per employee,
plus 50% of the parking requirement for any other permitted ancillary
land use of the property
|
|
Indoor amusement arcade
|
4.0 spaces per 1,000 sf of GFA, plus 1.0 space
per employee
|
|
Miniature golf course
|
3.0 spaces per tee, plus 1.0 space per employee
|
|
Cinema
|
1.0 space per 3 seats
|
|
Health club
|
5.0 spaces per 1,000 sf of GFA
|
|
Stadium/gymnasium
|
1.0 space per 3 persons of the maximum occupancy
|
|
Swim club/public pool
|
20.0 spaces per 1,000 sf of swimming pool and
deck area, plus the parking requirement for any other permitted ancillary
land use of the property
|
|
Driving range
|
2.0 spaces per tee, plus 1.0 space per employee
|
|
Outdoor batting cage
|
3.0 spaces per batting cage, plus 1.0 space
per employee
|
|
Recreational camp sites
|
4.0 spaces located near and convenient to the
retail/management office, plus 4.0 visitor spaces for the commissary
use, plus 1.0 space per employee (spaces shall be of adequate size
to accommodate auto/camper combo)
|
|
Athletic field
|
20.0 spaces per diamond or athletic field, or
1.0 space per 4 seats, whichever is greater, plus 6.0 spaces per court,
plus the parking requirement for any other permitted land use of the
property; one seat is equal to two feet of bench length
|
I.
Shopping cart storage. Any establishment that furnishes
carts or mobile baskets as an adjunct to shopping shall provide definite
areas within the required parking space area for the storage of such
carts. In no case shall any such cart be allowed to be removed more
than 300 feet from said establishments. Each designated storage area
shall be clearly designed and marked for storage, and shall be enclosed
by a barrier. All shopping carts shall be stored indoors during nonoperating
hours of said establishments. Areas for the storage of shopping carts
shall be in addition to the area required for off-street parking.
J.
Stacking spaces.
(1)
Where required, stacking spaces shall be provided
so as not to block or cross travel lanes, whether within a parking
lot or on adjacent streets. A clear bypass lane shall be provided
for the benefit of traffic that either does not wish to use the drive-through
facilities or for motorists who have entered the drive-through lanes
and wish to exit before reaching the sales or service window.
(2)
Minimum stacking space requirements shall be as follows;
however, the number of required stacking spaces may be increased at
the discretion of the Township based on the nature of the specific
use, with the burden of proof on the applicant.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Car wash - nonautomated
|
4.0 spaces per stall
| |
|
Car wash - automated/tunnel
|
15.0 spaces per tunnel
| |
|
Gas station
|
1.0 space per fuel position
| |
|
Bank/financial services:
| ||
|
Equal to or less than 3 windows
|
10.0 spaces per window
| |
|
4 to 5 windows
|
5.0 spaces per window
| |
|
Greater than five windows
|
3.0 spaces per window
| |
|
Eating place, drive-through/fast food
|
10.0 spaces per window
| |
|
Other
|
5.0 spaces per window
| |
K.
Modifications.
(1)
Where any use or activity is subject to subdivision or land development review, modification(s) to the provisions of this section may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of Chapter 162, Subdivision and Land Development. Where and to the extent that modification(s) to any of the provisions of this section has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, said provisions shall not be independently enforced pursuant to this chapter.
(2)
Where any use or activity is subject to application
for approval of a conditional use, special exception, or zoning variance,
modification(s) to the provisions of this section may be requested
as part of such application.
(3)
For any use or activity not otherwise subject to permit or approval as provided in Subsection K(1) or (2) above, modification(s) to the provisions of this section may be requested in the form of an application for grant of a special exception by the Upper Uwchlan Zoning Hearing Board. Such applications shall be submitted to the Upper Uwchlan Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4)
In approving any application pursuant to Subsection K(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of this section subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors,
as applicable, shall determine that the specific nature of the lawful
use or activity, existing site conditions, and/or safety considerations
warrant such modification(s); and
(b)
Permitted modifications shall be consistent
with the purposes of this section.
(5)
Where a request for modification to the provisions
of this section involves location of required parking spaces elsewhere
than on the same lot as the principal building or shared parking among
uses occupying separate lots, such modification may be permitted subject
to consideration of the following:
(a)
The owners of two or more contiguous parcels
may be required to submit a site plan showing joint use, agreement
for perpetual use and maintenance, and location of a common off-street
parking area.
(b)
The spaces provided on any contiguous off-site
parcel shall not cause the parking supply requirement for any existing
or future uses on such off-site parcel to be inadequate.
(6)
Where a request for modification to the provisions
of this section involves reduction in total parking requirements due
to shared parking among uses part of a unified development plan, such
modification may be permitted subject to consideration of shared parking
data justifying such reduction. Appropriate supporting data shall
be submitted to the Township by the applicant, shall be based upon
standard methodology (such as the latest data published by the Urban
Land Institute, Institute of Transportation Engineers, or from actual
parking studies within the region), and shall be sufficient for the
Township to determine an appropriate reduction.
(7)
Where a request for modification to the provisions
of this section involves provision for reserve parking, in lieu of
construction of the full number of parking spaces required hereunder,
such modification may be permitted subject to consideration of the
following:
(a)
The specific nature of the proposed use or uses
which may justify an initial reduction in the number of parking spaces
provided, with the remainder to be held in reserve;
(b)
Environmental characteristics of the subject
site and/or stormwater management issues which infer a need to reduce
previous coverage;
(c)
Specific provision for design, engineering,
and funding of construction of reserve parking area(s), not to be
constructed except at the express direction of the Township, such
construction shall be the sole responsibility of the applicant;
(d)
Clear designation of any reserve parking area(s)
on applicable plan(s), accompanied by appropriate documentation guaranteeing
the conservation of designated reserve parking area(s) as open space
until such time as actual construction of such parking may be directed
by the Township; such construction shall be the sole responsibility
of the applicant.
In connection with any building or structure
which is erected or substantially altered and which requires the receipt
or distribution of materials or merchandise by trucks or similar vehicles,
there shall be provided a sufficient number of off-street loading
and unloading berths not less than the minimum requirements specified
in this section:
A.
Location.
(1)
All loading and unloading areas shall be located on
the same lot as the use to be served, and no portion of the vehicle
shall project into any traffic lane. No loading area for vehicles
of more than two-ton capacity shall be located closer than 100 feet
from any residential district. No permitted or required loading area
shall be located within 50 feet of a property line.
B.
Size. Off-street loading and unloading areas shall
be at least 15 feet wide, 16 feet vertical clearance, 60 feet deep
and shall have an adequate maneuvering apron.
C.
Access. Each off-street loading and unloading area
shall be designed with appropriate means of vehicular access to an
interior drive in a manner which will least interfere with traffic
movements, and shall be subject to the approval of the Township. Such
access shall have paved surfaces to provide safe and convenient access
during all seasons.
D.
Surfacing. Loading and unloading spaces shall have
paved all-weather, dustless surfaces of sufficient load-bearing properties
consistent with the intended uses.
E.
Space allowed. Space allowed to any off-street loading
berth shall not, while so allocated, be used to satisfy the space
requirements of any off-street parking facilities or portions thereof.
Required off-street parking spaces shall not be used for loading and
unloading purposes except during hours when business operations are
suspended.
To minimize traffic congestion and hazard, control
street access and encourage orderly development of street highway
frontage, the following regulations shall apply:
A.
Unless clearly impractical or inappropriate, lots
which abut two or more streets shall have direct access only to a
street of lesser functional classification.
B.
Where lots are created having frontage on expressway, arterial, major collector and minor collector streets, as classified by the Comprehensive Plan, any proposed development street pattern shall provide reverse frontage to local streets within the subdivision, unless clearly impractical due to lot configuration or topography. Residential developments which propose streets with reverse frontage lots shall buffer the reverse frontage lot along the rear yard lot line from the major street, in accordance with § 200-77.
C.
Accesses along Route 100 should implement Figure 12-1,
Proposed Access for Route 100, of the 1987 Upper Uwchlan Comprehensive
plan.
D.
Each use with less than 400 feet of street frontage
shall not have more than one ingress and egress lane to such street,
and no use with 400 feet or more of street frontage shall have more
than two access ways to any one street for each 800 feet of street
frontage. A common access point for two or more uses is required where
practical, to minimize vehicular access points along streets other
than local streets.
E.
Every building and lot shall have access to a public
street or an approved private street. Unless clearly impractical,
all residential lots shall have direct access only to a local access
street.
F.
All vehicular access ways to any public street shall
be located at least 100 feet from any intersection of a street, measured
from the intersection of the street lines.
G.
Provisions shall be made for safe and efficient ingress
and egress to and from public streets, without undue congestion or
interference with normal traffic flow within the Township. The developer
shall be responsible for the design and construction, and the costs
thereof, of any necessary traffic control device and/or highway modifications
required by the Township and/or the Pennsylvania Department of Transportation
(PennDOT).
H.
Obstructions to vision.
(1)
On any lot, no wall, fence or other obstruction shall
be erected, allowed or maintained; and no hedge, tree, shrub or other
growth shall be planted or exist which dangerously obscures the view
of approaching traffic along streets or at intersections.
(2)
On a corner lot, nothing shall be erected, placed
or allowed to grow which obscures the view within a clear sight triangle
defined by the following:
[Amended 4-19-2010 by Ord. No. 10-04]
(a)
Above the height of 2 1/2 feet and below
the height of 12 feet measured from the center line grades of the
intersecting streets.
(b)
Within the area bounded by the center line of
intersecting streets and a line joining points on these center lines
75 feet from an intersection of center lines of such streets.
(3)
All driveway and street intersections shall be designed
and maintained in such a manner that a clear view is obtained for
vehicles entering and exiting the intersection, according to the following:
[Amended 12-15-2003 by Ord. No. 03-05; 4-19-2010 by Ord. No.
10-04]
(a)
The measurement and calculation of required sight distances shall
be in accordance with Pennsylvania Code Title 67, Chapter 441, Access
to and Occupancy of Highways by Driveways and Local Roads.
(b)
The PennDOT desirable sight distance requirements are typically based
on the posted speed limit. However, where the speed of traffic may
create a situation with unsafe sight distance, it may be necessary
to verify the 85th percentile speed of traffic at the recommendation
of the Township Engineer and if agreed to by the Township Planning
Commission or Board of Supervisors. If it is impossible to achieve
the desirable sight distances, then the minimum acceptable sight distance
values may be used based on the 85th percentile speed of traffic,
if necessary, and subject to review by the Township Engineer.
(c)
At the discretion of the Township Engineer and recommendation by
the Township Planning Commission, a sight distance profile plan will
be prepared by a licensed professional engineer in Pennsylvania to
show at least the following for verification of adequate sight distance
and all associated improvements: existing roadway profile (spot elevations
at fifty-foot increments and twenty-five-foot increments along vertical
curves), proposed roadway profile, all sight line profiles (six inches
or more of sight line clearance above the finished grade), proposed
site grading and temporary grading easements.
[Amended 6-17-2002 by Ord. No. 02-04]
A.
Design of access aisles and drives.
(1)
Interior drives shall be designed to prevent blockage
of vehicles entering or leaving the site and shall be clearly marked
by signs, curbing, or lines. Drives may be one-way or two-way. Areas
designed for loading and unloading, refuse collection, fuel delivery
and other service vehicles, shall be separate and arranged so as to
prevent blocking or interfering with accessways, the use of automobile
parking facilities or pedestrian ways, and shall have adequate turnaround
surface so egress to the street is in a forward direction.
(2)
Accessways, parking areas, and loading areas shall
have clearly defined parking bays and traffic circulation lanes designated
by markings, curbs, barriers and/or landscaped islands, so that operators
of vehicles intending to patronize such parking areas shall not impede
traffic as a result of any confusion as to location of entrances and
exits and manner of reaching them.
(3)
All interior drives and accessways shall be paved
with an approved all-weather surface, and shall be graded, properly
drained, and maintained in a good condition. Interior drives shall
have a maximum grade of 4%, measured along the center line, for a
distance of not less than 25 feet from the street right-of-way line.
Beyond that point, interior roads and drives shall have a maximum
grade of 10%.
B.
Common or shared access driveways. Common or shared
access driveways to parking and loading areas is permitted and encouraged
provided landowners shall submit a site plan and agreement indicating
the extent of joint use and maintenance responsibility.
C.
Fire lane easements.
(1)
No multifamily residential or institutional building
shall be located more than 150 feet from a duly dedicated, improved
or accessible fire lane easement as defined herein, nor more than
600 feet from a duly dedicated, accessible and improved public or
private street. Fire lane easements shall be located adjacent to commercial
or industrial building(s).
(2)
Fire lane easements shall have a minimum unobstructed
right-of-way width of 40 feet; and there shall be constructed within
this right-of-way an all-weather and well-drained surfaced cartway
with a minimum width of 20 feet. The extension of fire lane easements
shall begin from one or more existing and improved public streets.
(3)
Fire lane easements which curve, turn, or change directions
shall have a minimum radius of 55 feet of pavement. Fire lane easements
containing reverse curves shall have a minimum center line tangent
length of 50 feet between curves.
(4)
Dead-end fire lane easements shall not exceed 400
feet in length and shall be terminated with an unobstructed vehicular
turnaround or cul-de-sac with a minimum surface radius of 35 feet.
A.
Screening requirements shall be applicable under the
following circumstances:
(1)
Where a proposed commercial, industrial or institutional
use abuts an existing residential use or residential district.
(2)
Where any proposed multifamily residential use abuts
another residential district or an existing single-family or two-family
dwelling.
(3)
Any other instance where screening is required by
this chapter or by the Township.
B.
Screening shall comply with the following requirements:
(1)
The portion of the tract that abuts a use or district
intended to be screened shall be provided with a minimum of thirty-foot
planting strip which will act as an effective screen separating uses.
The planting strip may be included in private yard space and shall
be based upon the following criteria:
(a)
Vegetative screening shall include a variety
of evergreen species (but no more than three) which are indigenous
to the area so as to provide a year-round visual barrier.
(b)
Vegetative screening shall incorporate earthen
mounds or berms, wherever possible, to improve sound as well as visual
buffering, and shall be broken at points of vehicular or pedestrian
access.
(c)
Plant materials used in the screen planting
shall be at least six feet in height when planted and be of a species
which will produce within two years a complete visual screen of at
least eight feet in height.
(d)
No plantings shall be placed with their center
closer than five feet from the property line of the tract.
(e)
All existing trees within the required planting
strip above three inches in caliper and/or eight feet in height shall
be preserved wherever possible.
(f)
Screening shall be designed so as not to obstruct
sight distances at intersections.
(g)
Screening design, including the type of plant
materials to be used, spacing of plant materials, and the use and
location of earthen berms, shall be subject to review and approval
by the Board of Supervisors upon the recommendation of the Planning
Commission.
(h)
Vegetative screens shall be perpetually maintained
during the period the principal use causing the need for screening
is in operation. Any plant material which does not survive shall be
replaced within six months.
(2)
Water towers, storage tanks, processing equipment,
fans, skylights, cooling towers, vents and any other structures or
equipment which rises above the roof line shall be architecturally
compatible or effectively shielded from view from any public or private
dedicated street by an architecturally sound method which shall be
approved, in writing, by the Township before construction or erection
of said structures or equipment.
[Amended 6-17-2002 by Ord. No. 02-04]
A.
Applicability.
(1)
Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the provisions of § 162-57 of Chapter 162, Subdivision and Land Development, shall apply to all uses and to any change in use in Upper Uwchlan Township, such standards incorporated herein by this reference.
(2)
Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 162-57, including submission of a landscaping plan as set forth in § 162-57A and B. Plans accompanying conditional use application may be conceptual in nature but shall demonstrate the ability to achieve the objectives of § 162-57A and B.
(3)
It is the intention of this section that the provisions of said § 162-57 shall apply independently under this chapter only where Chapter 162, Subdivision and Land Development, does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 162-57 has/have been approved by the Upper Uwchlan Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B.
Modifications.
(1)
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 162-57 of Chapter 162, Subdivision and Land Development, may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that chapter.
(2)
For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 162-57 may be requested as part of such application.
(3)
For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 162-57 may be requested in the form of an application for grant of a special exception by the Upper Uwchlan Zoning Hearing Board. Such applications shall be submitted to the Upper Uwchlan Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4)
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 162-57 subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors,
as applicable, shall determine that the specific nature of the lawful
use or activity, existing site conditions, and/or safety considerations
warrant such modification(s); and
[Amended 6-17-2002 by Ord. No. 02-04]
A.
Applicability.
(3)
It is the intention of this section that the provisions of said § 162-58 shall apply independently under this chapter only where Chapter 162, Subdivision and Land Development, does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval also is subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 162-58 has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B.
Modifications.
(1)
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 162-58 of Chapter 162, Subdivision and Land Development, may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that chapter.
(2)
For any use or activity not subject to subdivision or land development review, where subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 162-58 may be requested as part of such application.
(4)
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 162-58 subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors,
as applicable, shall determine that the specific nature of the lawful
use or activity, existing site conditions, and/or safety considerations
warrant such modification(s); and
C.
Compliance.
(1)
Safety hazards. If the Building Code Officer judges a lighting installation to create safety or personal-security hazard(s), the person(s) responsible for the lighting and the property owner shall be notified in writing and required to take remedial action. The Building Code Officer shall follow the enforcement provisions of Article XIX of this chapter.
(2)
Glare and inadequate illumination levels. When the Building Code Officer judges a lighting installation to produce unacceptable levels of glare, excessive skyward light, or insufficient illumination levels, or otherwise varies from the provisions of this chapter, the Township may notify the person(s) responsible for the lighting and require appropriate remedial action. The Building Code Officer shall follow the enforcement provisions of Article XIX of this chapter.
(3)
Nonconforming lighting.
(a)
Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter, shall be considered as a lawful
nonconformance.
(b)
Except where specific modification(s) are approved in accordance with the provisions of this chapter or § 162-58 of Chapter 162, Subdivision and Land Development, and unless minor corrective action is deemed by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with applicable requirements when:
[Amended 1-17-2006 by Ord. No. 06-01]
[Amended 12-15-2003 by Ord. No. 03-05]
A.
Requirements for all types of storage.
(1)
The restrictions set forth in this section apply to
permanent and temporary outdoor storage, as both principal and accessory
uses. The restrictions set forth in this section are in addition to
any other restrictions and limitations imposed on storage by this
chapter and/or other applicable regulation, including, without limitation,
the regulations and restrictions applicable to junkyards.
(2)
For the purposes of this section, permanent outdoor storage shall consist only of the storage of materials (e.g., mulch, landscape plant materials) or products that directly pertain to the allowed use(s) of the subject property, except for the outdoor storage of vehicles which is regulated by Subsection D of this section.
(3)
For the purposes of this section, temporary outdoor storage shall consist only of the daily or routine outdoor display of materials or products (e.g., large items for sale at a hardware or grocery store) that are placed inside during nonbusiness hours and that are available for purchase at a business whose use is allowed on the subject property, except for the outdoor storage of vehicles which is regulated by Subsection D of this section.
(4)
Permanent outdoor storage shall be completely screened from view of any public right-of-way and any adjacent uses in accordance with §§ 200-77 and 200-88 of this chapter, and with Chapter 162, Subdivision and Land Development, unless the permanent outdoor storage is a principal use pursuant to Subsection A(7). Screening shall consist of evergreen plantings, architectural screen, and/or approved safety fence.
(5)
No storage shall be permitted within the front yard
of any lot.
(6)
Permanent or temporary outdoor storage as an accessory
use shall occupy an area of less than 1/2 the existing building coverage
of the building lot's principal use. In no case shall more than 25%
of the building area be used for any outdoor storage. Accessory uses
requiring a greater land area for storage than specified herein may
be permitted as a special exception.
(7)
If permanent or temporary outdoor storage is the principal
use of a building lot:
(8)
Outside storage shall not occupy any part of any street
right-of-way, pedestrian walkway, required parking area or space,
or required buffer areas; and shall not be located within 15 feet
of any side or rear lot line.
B.
Storage of garbage. All organic refuse or other types
of solid waste generated by allowed use of the subject property shall
be stored in tight vermin-proof containers. In multiple-family, commercial,
and industrial developments, garbage storage shall be consolidated
to expedite collection and enclosed on three sides by an architectural
screen or plantings. Either type of screen must fully enclose the
garbage storage area, and must include a secure gate on the fourth
side for access and to prevent scattering of empty garbage cans by
wind. If an architectural screen is used, materials are limited to
wood, brick, or masonry. The architectural screen shall be designed
and constructed consistent with the requirements of the zoning district
within which the garbage storage is located. If the topography of
the garbage storage site allows view of the garbage storage area from
a public right-of-way, trail, or adjoining property above the garbage
storage area, then an architecturally compatible roof must also be
provided that screens the view into the garbage storage area.
C.
Storage of fuel and other explosive materials.
(1)
Outdoor storage facilities for fuel, including aboveground storage tanks, raw materials, and products, but excepting residential storage of firewood and fuel, shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. All fencing shall be erected in accordance with §§ 200-77 and 200-88 of this chapter, and with Chapter 162, Subdivision and Land Development. In addition to a fence, aboveground storage tanks for products that remain liquid upon atmospheric contact shall be enclosed by a moat or berm appropriately designed and constructed to contain potential spillage.
(2)
No highly flammable or explosive liquids, solids,
or gases, as defined by applicable regulations, shall be stored in
aboveground storage tanks in any of Upper Uwchlan Township's zoning
districts, except as follows:
(a)
Aboveground storage tanks of fuel connected
directly with and located and operated on the same lot as the energy
devices or heating appliances they serve.
(b)
In the C-3 Highway Commercial Zoning District
or the L-1 Limited Industrial Zoning District, only, commercial aboveground
storage tanks that store and supply fuel for heating and other commercial
uses.
(c)
For any new aboveground storage tanks that may be permitted under Subsection C(2)(b), the following shall apply:
[Amended 10-18-2021 by Ord. No. 2021-04]
[1]
In addition to any state and/or federal regulatory
requirements, the tank installation shall be designed and its construction
supervised by a registered professional engineer and the final installation
approved by said engineer. The applicant shall file with the Township
and at the time of application for a building permit or zoning permit,
as may be applicable, a site plan and details for the tank, including
a narrative which describes why a particular site was chosen for the
proposed aboveground storage tank, all prepared by a professional
engineer. The applicant shall also file a written plan which establishes
the safety measures that shall be followed as well as tank operation,
inspection frequency and test procedure(s), and appropriate coding
or labeling of pipes and tanks. The professional engineer's report
shall evaluate if the proposed setbacks for the tanks are adequate
to protect adjacent properties. Any additional permits or permit applications
required by state or federal agencies for the construction of the
tank shall also be submitted to the Township at the same time.
[2]
No aboveground storage tanks shall be constructed
closer than 50 feet to any property or right-of-way line, except when
the lot with the storage tank abuts a lot zoned residential or with
a residential use, in which case the setback shall be a minimum of
100 feet.
[3]
All aboveground storage tanks shall be either attached to or enclosed
within an area that abuts a side or rear of the principal building
located on the property.
[4]
The method of storage of any materials and/or substances shall conform to all applicable federal, state, and local regulations, including, but not limited to, the regulations of the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Labor and Industry, the Pennsylvania Fire Marshal, and the Township, and including, without limitation, the Pennsylvania Uniform Construction Code, 34 Pa. Code § 401 et seq., the International Fire Code incorporated therein, and Chapter 71, Construction Codes, Uniform, of the Upper Uwchlan Township Code of Ordinances.
[5]
Copies of all current federal or state permits that are required
for the aboveground storage tanks shall be on file with the Township
Zoning Officer.
[6]
Material safety data sheets for the materials stored in the tanks
shall be on file with the Township Zoning Officer.
[7]
The owner of the aboveground storage tank shall assure that a visual
inspection of the tank(s) is performed at least once every 72 hours
and shall document that these inspections occur.
[8]
At least annually, the tanks shall be inspected by a registered professional
engineer. The inspector shall submit a written report to the Township
which identifies the storage locations, waste locations and materials
and items stored in the storage tanks. If necessary, the Township
shall send this report to the Emergency Management Coordinator of
the Township, the Zoning Officer and the Fire Chiefs of the first
due emergency response organizations as identified by the Township.
If requested by the Township or emergency response organizations,
the owner shall provide initial and annual training to all first responders
so identified and designated by the Township.
(d)
All pertinent state and federal regulations
apply to and otherwise supersede the requirements of this section
if a conflict arises.
D.
Storage of vehicles. For the purposes of this section,
a vehicle shall be deemed to be stored outdoors unless it is located
within a garage or other structure enclosed on at least three sides
with a roof. Also:
(1)
In all districts, unless otherwise approved by Upper Uwchlan Township, no trailer, travel trailer, motorized dwelling, tent trailer, boat trailer, recreational vehicle or similar vehicle shall be stored outdoors within any required front yard area nor within 15 feet of any side or rear lot line, except as provided in Subsection D(2) below.
(2)
On any property zoned for residential use, currently
registered and operable vehicles owned by the resident(s) of the property
may be stored (parked) without limitation, where not stored within
any required minimum yard or setback area. No more than three currently
registered and operable vehicles may be stored within required minimum
yard areas.
(3)
No unlicensed or unregistered motor vehicle other
than farm vehicles, and no inoperable farm vehicle, may be stored
outdoors on any lot for a period in excess of six months. No more
than two unlicensed and/or unregistered vehicles may be stored outdoors
on any lot at any one time.
E.
Aboveground
storage tanks in the PI District.
(1)
Aboveground storage tanks for storage of inert gases, liquids and solids, water and brine, subject to the prohibition on storage of any materials and/or substances that meet the definition of a regulated substance in 25 Pa. Code § 245.1, shall be enclosed with a fence or wall compatible with the architectural style employed on the lot in order to completely screen the aboveground storage tanks from view of any public right-of-way and any adjacent uses. The fence or wall shall not exceed the lesser of 20 feet in height or the height of the principal building on the lot, provided that the height of the fence or wall shall exceed the height of the aboveground storage tank by at least one foot. Fences and walls shall be erected in accordance with § 200-88 of this chapter, except that the requirements of this subsection shall apply to fences and walls installed to screen aboveground storage tanks in the PI District in lieu of § 200-88A.
(2)
When
the lot containing the aboveground storage tank abuts a lot zoned
residential or a lot containing a residential use, the aboveground
storage tank shall be set back a minimum of 200 feet from the lot
line.
(3)
When
the lot containing the aboveground storage tank abuts a lot zoned
residential or a lot containing a residential use, the aboveground
storage tank shall not be located on any side of the building that
faces the lot zoned residential or a lot containing a residential
use.
(4)
All
aboveground storage tanks shall have a capacity not to exceed 10,000
gallons per tank, with no more than three aboveground storage tanks
per property.
(5)
In
addition to any state and/ or federal requirements, the tank installation
shall be designed and its construction supervised by a registered
professional engineer and the final installation approved by said
engineer. The applicant shall file, with the Township and at the time
of application for a building permit or zoning permit, as may be applicable,
a site plan and details for the tank, including a narrative which
describes why a particular site was chosen for the proposed aboveground
storage tank, all prepared by a professional engineer. The applicant
shall also file a written plan which establishes the safety measures
that shall be followed as well as tank operation, inspection frequency
and test procedure(s), and appropriate coding or labeling of pipes
and tanks. The professional engineer's report shall evaluate if the
proposed setbacks for the tanks are adequate to protect adjacent properties.
Any additional permits or permit applications required by state or
federal agencies for the construction of the tank shall also be submitted
to the Township at the same time.
(6)
The
aboveground storage tank shall be either attached to or enclosed within
an area that abuts a side or rear of the principal building located
on the property.
(7)
The method of storage shall conform to all applicable federal, state, and local regulations, including, but not limited to, the regulations of the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Labor and Industry, the Pennsylvania Fire Marshal, and the Township, and including, without limitation, the Pennsylvania Uniform Construction Code, 34 Pa. Code § 401 et seq., the International Fire Code incorporated therein, and Chapter 71, Construction Codes, Uniform, of the Upper Uwchlan Township Code of Ordinances.
(8)
Copies
of all current federal or state permits that are required for the
aboveground storage tanks shall be on file with the Township Zoning
Officer.
(9)
Material
safety data sheets for the materials stored in the tanks shall be
on file with the Township Zoning Officer.
(10)
The owner of the aboveground storage tank shall assure that a visual
inspection of the tank(s) is performed at least once every 72 hours
and shall document that these inspections occur.
(11)
At least annually, the tanks shall be inspected by a registered professional
engineer and the inspector shall submit a written report to the Township
which identifies the storage locations, waste locations and materials
and items stored in the storage tanks. If necessary, the Township
shall send this report to the Emergency Management Coordinator of
the Township, the Zoning Officer and the Fire Chiefs of the first
due emergency response organizations as identified by the Township.
If requested by the Township or emergency response organizations,
the owner shall provide initial and annual training to all first responders
so identified and designated by the Township.
[Amended 12-15-2003 by Ord. No. 03-05]
A.
General.
(1)
All utilities shall be placed underground in Upper
Uwchlan Township except where approved as a special exception and
only in the Limited Industrial (LI) District.
B.
Wastewater. All uses subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by a wastewater disposal system designed, constructed, and operated in accordance with this chapter; § 162-48 of Chapter 162, Subdivision and Land Development; the policies and recommendations of the Chester County Sewage Facilities Plan (as most recently amended); the Upper Uwchlan Township Act 537 Wastewater Facilities Plan (as most recently amended); and/or other applicable Township standards and specifications as established by § 162-48 of that chapter. Proposed wastewater disposal systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Health Department, and/or Upper Uwchlan Township, as applicable.
C.
Water supply. All uses subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by adequate and potable water supply system(s) designed, constructed, and operated in accordance with this chapter, § 162-49 of Chapter 162, Subdivision and Land Development, and/or Chapter 183, Article I, Public Water Supply. Proposed water supply systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Health Department, and/or Upper Uwchlan Township, as applicable.
D.
Stormwater management and erosion control. All land development activities subject to this chapter or Chapter 162, Subdivision and Land Development, shall be served by stormwater management and erosion control measures in accordance with this chapter and/or § 162-51, Erosion and sedimentation control, of Chapter 162, Subdivision and Land Development, and/or Chapter 152, Stormwater Management. Proposed stormwater management and erosion control systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection, the Chester County Conservation District, and/or Upper Uwchlan Township, as applicable.
[Amended 12-16-2013 by Ord. No. 2013-05]
E.
Other utilities. All land development activities subject to this chapter or Chapter 162, Subdivision and Land Development, and served by utilities such as, but not limited to, electric, gas, street light supply, cable television, and telephone, shall have those utilities installed in accordance with this chapter, § 162-50 of Chapter 162, Subdivision and Land Development, and/or all other applicable regulations.
[Amended 12-15-2003 by Ord. No. 03-05]
The following regulations shall apply to all
districts:
A.
Air quality. There shall be no emission, visible or
otherwise, of smoke, ash, dust, fumes, vapors, gases or other matter
toxic or noxious to air which violate the Pennsylvania Air Pollution
Control Laws, as most recently amended. In particular, no user shall
operate or maintain or be permitted to operate or maintain any equipment,
installation, or device which by reason of its operation or maintenance
will discharge contaminants to the air in the excess of the limits
prescribed herein unless that user installs or maintains in conjunction
therewith such control as will prevent the emission into the open
air of any air contaminant in a quantity that will violate any provision
of this chapter.
B.
Fire and explosive hazards. All activities and all
storage of flammable and explosive material at any point shall be
provided with adequate safety devices against the hazard of fire and
explosion, and adequate fire-fighting and fire suppression equipment,
and devices as detailed and specified by the laws of the Commonwealth
of Pennsylvania. All buildings and structures and activities within
such buildings and structures shall conform to the Building Code,
the Fire Prevention Code, and other applicable Township ordinances.
Any explosive materials shall conform to the most recently amended
requirements of the Pennsylvania Department of Environmental Protection,
for storing, handling and use of explosive materials.
C.
Glare and heat. Direct or sky-reflected glare (e.g., from any type of outdoor lighting; high temperature process such as combustion or welding) so as to be visible at the lot line shall not be permitted. These regulations shall apply to signs or floodlighting of parking areas as permitted by this or other ordinances of the Township, including § 162-58 of Chapter 162, Subdivision and Land Development. There shall be no emission or transmission or heat or heated air so as to be discernible at the lot line of the use generating such emission or transmission.
D.
Liquid waste. There shall be no discharge at any point
into any public or private sewage system, or watercourses or into
the ground, of any liquid materials in such a way or such a nature,
as will contaminate or otherwise cause the emission of hazardous materials
in violation of the laws and regulations of Upper Uwchlan Township
or the Commonwealth of Pennsylvania or any other organization with
regulatory authority of such discharge. Specific compliance with the
rules and regulations of the Pennsylvania Department of Environmental
Protection shall be required.
E.
Solid waste. There shall be no discharge at any point
into watercourses or into the ground, of any solid materials in such
a way or such a nature, as will contaminate or otherwise cause the
emission of hazardous materials in violation of the laws and regulations
of Upper Uwchlan Township or the Commonwealth of Pennsylvania or any
other organization with regulatory authority of such discharge. Specific
compliance with the rules and regulations of the Pennsylvania Department
of Environmental Protection shall be required.
G.
Odors. No uses, except agricultural operations, shall
emit odorous gases or other odorous matter in such quantities to be
offensive at any point on or beyond its lot lines. Odor thresholds
shall be measured in accordance with ASTM d-1391-57, "Standard Method
for Measurement of Odor in Atmospheres (Dilution Method)."
H.
Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or at any point beyond the lot line.
I.
Radioactivity. There shall be no activities which
emit dangerous radioactivity at any point. Also:
(1)
No operation involving radiation hazards shall be
conducted which violates the regulations and standards established
in the Code of Federal Regulations, "Standards for Protection Against
Radiation," in its latest revised form.
(2)
If any use is proposed which incorporates the use
of any radioactive materials, equipment or supplies, such use shall
be in strict conformity with the Pennsylvania Department of Environmental
Protection, rules and regulations, as amended.
J.
Electrical, radio, and electromagnetic interference.
(1)
There shall be no radio, electrical, or similar disturbances
adversely affecting the operation of equipment belonging to someone
other than the creator of the disturbance.
(2)
No use, activity, or process shall be conducted which
produces electromagnetic or other interference with normal radio,
telephone, or television reception beyond the lot line of the conducted
use, activity, or process.
K.
Public health and safety. No use shall create any
other objectionable condition in an adjoining area which will endanger
public health and safety or be detrimental to the proper use of the
surrounding area.
[Amended 12-15-2003 by Ord. No. 03-05]
All uses permitted by this chapter shall be subject, when applicable, to the impact statement requirements of Chapter 162, Subdivision and Land Development, § 162-9H, or § 200-117, Conditional use standards. Where the use is part of a request for a zoning permit, the Zoning Officer shall not issue such a permit until the terms of § 162-9H or § 200-117, and any conditions imposed upon the use of the property at the time of subdivision or land development approval, are satisfied.
[Amended 12-15-2003 by Ord. No. 03-05]
In accordance with the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended,[1] this chapter shall not apply to any existing or proposed
building, or extension thereof, or to any land, used or to be used,
by a public utility corporation, or public utility authority, if upon
petition of the corporation, or authority, the Public Utility Commission
after public hearing, decides that the present or proposed situation
or use of the building or land in question is reasonably necessary
for the convenience or welfare of the public. Notwithstanding the
above, this exemption from the provisions of this chapter is valid
only if the corporation or authority applying to the Public Utilities
Commission ensures that the Township has notice of the aforementioned
public hearing and further, that the Township is granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties, or otherwise exercise the rights of a party to the
aforementioned public hearing or any other proceedings.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 12-15-2003 by Ord. No. 03-05]
Vehicular service establishments shall be permitted only in the C-3 Highway Commercial Zoning District, subject to the provisions of § 200-39 of this chapter, all other applicable regulations, and in accordance with the following supplemental regulations:
A.
Gasoline, oil pumps, or oiling or greasing mechanism
or other service appliance installed in connection with any vehicular
service establishment may be placed within the required front yard,
but in no case closer than 30 feet from any existing or ultimate street
line or property line.
B.
A vehicular service establishment shall have adequate
fire extinguishers, ample no-smoking signs, adequate safety barriers
from passing traffic, and any other safeguards deemed necessary for
the public safety. Applicable fire protection permits shall be obtained
and kept up-to-date throughout the operation of the vehicular service
establishment.
C.
Where otherwise permitted, all fuels utilized by a
vehicular service establishment shall utilize underground storage
tanks. Specifically, all underground storage tanks shall comply with
all applicable regulations of the U.S. Environmental Protection Agency,
the Pennsylvania Department of Environmental Protection, and Upper
Uwchlan Township, including notification and registration requirements.
If warranted, and as determined by the Township, the applicant may
be required to place tanks in a concrete vault, install other impervious
liners, and/or install monitoring devices.
D.
Disposal of liquid and solid wastes, including but not limited to, that from surface runoff or from drainage within the vehicular service establishment, shall be in accordance, as applicable, with this chapter, Chapter 162, Subdivision and Land Development, and all applicable regulations of county, state, or federal agencies.
E.
Design and operation of a vehicular service establishment subject to this section shall also be subject to all other applicable provisions, as amended, of this chapter and Chapter 162, Subdivision and Land Development, including, but not limited to, outdoor storage (§ 200-80 of this chapter), signs (Article XVI) and lighting (§ 200-79 of this chapter, § 162-58 of Chapter 162, Subdivision and Land Development,). In particular, the Township may specify screening to be provided in front of gasoline pumps, number and sizes of permitted signs, and permitted outdoor storage of materials and display of merchandise for sale.
[Amended 12-15-2003 by Ord. No. 03-05]
A.
Where an unimproved lot is situated between two improved
lots having on each a principal building within 100 feet of the side
boundary line of such unimproved lot, which extends into the required
front yard of each such improved lot and has been so maintained prior
to the effective date of this chapter, the front yard depth of such
unimproved lot may be the average depth of the front yards of such
two adjacent improved lots, notwithstanding the yard requirements
of the district in which it is located. However, in no case shall
a front yard extension permitted under this section encroach within
the legal right-of-way.
B.
Where an unimproved lot adjoins only one improved
lot having a principal building thereon within 100 feet of the common
side lot line which extends into the required front yard of such improved
lot and has been so maintained prior to the effective date of this
chapter, the front yard depth of such unimproved lot may be the average
depth of the front yard of such adjacent improved lot, and the front
yard required in the district in which such unimproved lot is located,
notwithstanding the yard requirements of such district. However, in
no case shall a front yard extension permitted under this section
encroach within the legal right-of-way.
[Amended 12-15-2003 by Ord. No. 03-05]
All required yard areas shall be unobstructed
except as otherwise provided in this chapter and in the following
cases:
A.
Arbor; open trellis; flagpole; unroofed steps, terraces,
patios, or decks; and, accessory buildings or structures providing
such a projection shall be no closer than the setbacks required for
accessory buildings or structures as established by the zoning district
in which the lot is located. Any of these obstructions, accessory
buildings, or accessory structures shall be subject to all other applicable
provisions of this chapter. In no case shall a building or structure,
or part of a building or structure, be located closer than three feet
from a property line, except where permitted as a specific condition
of approval in any applicable development plan (e.g., where two-family
or multifamily dwellings are attached at the lot line or where "zero-lot-line"
design is approved).
B.
Roofed terraces, patios, canopies or awnings not included
in the area calculation of a building may project into any yard a
maximum of 15 feet, provided such a projection shall be no closer
than the setback required for accessory structures or buildings in
the district in which the lot is located.
D.
Pump, light standard, air tower, water outlet, or
similar installation of a vehicular service establishment where otherwise
permitted, but in no case closer to a right-of-way line than 18 feet.
[Amended 12-15-2003 by Ord. No. 03-05]
The following regulations shall apply to all
districts:
A.
No fence or wall, except a retaining wall, or a wall
of a building permitted under the terms of this chapter, over six
feet in height, shall be erected within any required yards, unless
that portion of the vertical plane of the fence or wall which exceeds
six feet in height has a ratio of open area to solid area of at least
4:1. In no case shall a fence or wall exceed six feet in height in
the front yard or eight feet in height in the side and rear yards,
except for vegetative fences or the portions thereof that are greater
than six feet or eight feet, as applicable.
B.
No fence or wall shall be erected and no hedge, tree, shrub, or other vegetative growth shall be maintained which may obstruct required sight distance at street intersections, public streets, private roads, or driveways, in accordance with Chapter 162, Subdivision and Land Development, and with §§ 200-75H and 200-88A of this chapter.
C.
All swimming pools, excluding portable or aboveground
pools less than three feet in depth, shall be completely enclosed
by a contiguous fence no less than four feet in height that completely
surrounds the pool, that serves as a restricted barrier against trespass,
and that is white or earth tone in color. All swimming pool fences
shall adhere to applicable Building Code regulations, and shall be
maintained in good condition. A dwelling, accessory building, or other
structure allowed by this chapter may be used as part of such enclosure.
All gates and doors opening through any swimming pool enclosure shall
be equipped with a self-closing and self-latching device for keeping
such gate or door securely closed and latched at all times when not
in use.
D.
Fences or walls that are in conformance with all of
the provisions of this and other applicable ordinances may be permitted
within required setbacks.
E.
Fences or walls shall not be located in drainage easements
or drainage swales that are part of an approved stormwater management
plan pursuant to applicable ordinances, in such a manner as to impede
water flow within the easement or swale.
F.
Where the foregoing provisions conflict with landscaping,
buffer area, planting, or screening requirements of this chapter and
other Township ordinances, the Zoning Officer shall determine which
ordinance applies.
[Amended 12-15-2003 by Ord. No. 03-05]
Wherever federal or state owned land is located
in the Township, its use or development shall be subject to provisions
of this chapter, only insofar as not preempted by the Constitution
and laws of the United States and the Commonwealth of Pennsylvania.
[Amended 12-15-2003 by Ord. No. 03-05]
A.
The following regulations shall apply to aboveground or underground tanks used for the storage of fuels, chemicals, water or any other liquids. See also § 200-80 of this chapter for the further regulation of aboveground storage tanks.
(1)
Aboveground and underground storage tanks specifically
exempted under Act 247, the Municipalities Planning Code, as amended,[1] shall also be exempted from this chapter. If the exemption is for a storage tank proposed or used by a public utility or authority, the provisions of § 200-84 of this chapter shall apply.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Underground storage tanks used at vehicular service establishments shall be subject to the provisions of § 200-85 of this chapter.
(3)
All underground storage tanks not used at vehicular
service establishments shall comply with all applicable regulations
of the U.S. Environmental Protection Agency, the Pennsylvania Department
of Environmental Protection, and Upper Uwchlan Township, including
notification and registration requirements. If warranted, and as determined
by the Township, the applicant may be required to place tanks in a
concrete vault, install other impervious liners, and/or install monitoring
devices.
(4)
Any underground storage tanks, other than those used
at vehicular service establishments, are allowed in only the C-3 Highway
Commercial Zoning District or the L-1 Limited Industrial Zoning District
as established by this chapter.
(5)
Aboveground storage tanks are allowed only in the C-3 Highway Commercial Zoning District, the LI Limited Industrial District or as an accessory use in the PI Planned Industrial/Office District as established by this chapter, and in all cases shall comply with all applicable provisions of § 200-80 of this chapter.[2]
[Amended 10-18-2021 by Ord. No. 2021-04]
[Added 7-7-1997 by Ord. No. 97-05; amended 6-16-2014 by Ord. No.
2014-03]
A.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities (WCF):
(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 any property in the Township.
(2)
Small wireless facilities. Tower-based WCF that qualify as small
wireless facilities as has been defined by the Federal Communications
Commission are governed by a separate ordinance, and related design
criteria, as adopted by the Township to address small wireless facilities.[1] Wireless communications facilities that fall under the definition of "small wireless facilities" are governed and controlled by this separate Small Wireless Facilities Ordinance and approved design criteria. Small wireless facilities are not subject to the provisions of this § 200-91.
[Amended 8-17-2020 by Ord. No. 2020-03]
(3)
Wind. Any tower-based WCF shall be designed to withstand the effects
of wind according to the standards designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended). Further, due to local
weather conditions, the tower-based WCF must be built to withstand
100-mile-per-hour sustained winds with a uniform loading of 50 pounds,
or short-duration gusts of up to 150 mph. An independent professional
engineer registered in Pennsylvania shall attest to the proposed tower-based
WCF structure's ability to meet this requirement and certify proper
construction of the foundation and erection of the tower.
(4)
Security. All tower-based WCFs shall have an integral security platform,
or other means with locked access, to prevent unauthorized climbing
of the tower.
(5)
Height and design. All tower-based WCFs shall be monopoles and designed
at the minimum functional height and shall not exceed a maximum total
height of 150 feet (unless located within public rights-of-way which
are required to be 50 feet or less in height), which height shall
include all subsequent additions or alterations. All applicants must
submit documentation to the Township justifying the total height of
the structure. Notwithstanding the above restriction, the height of
the tower-based WCF may be increased to a maximum height of 200 feet
provided that the following criteria are met:
[Amended 8-17-2020 by Ord. No. 2020-03]
(a)
There are no inhabited structures or electrical transmission
lines within a 200-foot radius;
(b)
The tower-based WCF is located a distance equal to the height
of the tower from the nearest property line;
(c)
The tower-based WCF must conform to all FAA regulations including
lighting, if required; and
(d)
The Board of Supervisors is assured that all health, safety,
and welfare issues have been properly addressed.
(6)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication 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.
(7)
Maintenance and inspections. 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)
Proper maintenance shall be performed to ensure the upkeep of
the facility and the power systems that for the facility including
fuel storage in order to promote the safety and security of the Township's
residents.
(c)
At least annually the tower-based WCF and its appurtenances shall be inspected both visually and with the appropriate nondestructive testing techniques. The results of those tests and written certification of structural integrity by a registered professional engineer shall be provided annually to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection is a violation of this chapter and may subject the owner to the violations and penalties in § 200-109 of this chapter.
(8)
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.
(9)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or is defined as an historic
resource pursuant to this chapter.
(10)
Identification. All tower-based WCFs shall display a notice
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency, subject to approval
by the Township.
(11)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law and as may be approved by the Township.
(12)
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color or rust brown oxidized
steel to harmonize with the surroundings.
(13)
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 in Chapter 110, Noise, of this Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(14)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(15)
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 applicant in writing of any information
that may be required to complete such application. 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 150-day review
period.
(16)
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 six months 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 six
months 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.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(17)
Permit fees. The Township may assess appropriate, fair 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
set forth in fee schedules established by the Township.
[Amended 8-17-2020 by Ord. No. 2020-03]
B.
Tower-based communications facilities outside the rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
(1)
Permitted in the LI Limited Industrial District. Tower-based WCFs
are permitted in the LI Limited Industrial District by conditional
use of the Board of Supervisors.
(2)
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. 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 WCF.
(3)
Sole use on a lot. A tower-based WCF is permitted as a sole use on
a lot subject to the minimum area and bulk requirements for the LI
District.
(4)
Combined with another use. A tower-based WCF may be permitted on
a property with an existing use or on a vacant parcel in combination
with another use permitted in the LI District subject to the following
conditions:
(a)
Minimum lot area. The minimum lot area shall comply with the
requirements for the LI District and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(b)
Minimum setbacks. The tower-based WCF and accompanying equipment
building shall comply with the setback requirements for the LI District,
provided that no tower-based WCF shall be located within 500 feet
of a lot with a residential use or a residential district boundary.
(5)
Co-location. An application for a new tower-based WCF shall not be
approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(6)
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. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Board of Supervisors as part of the conditional use.
(b)
Any substantial change to an existing 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, including antenna
for public safety needs by emergency responders.
(7)
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.
(8)
Fence/screen.
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
The Board of Supervisors may also require the applicant to install
an effective screen as defined in this chapter to further screen the
tower-based WCF.
(9)
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 Engineer 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 above.
(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.
(10)
Additional antennas. The applicant shall allow and encourage
other service providers to co-locate antennas on tower-based WCFs
where technically and economically feasible. The owner of a tower-based
WCF shall not install any additional antennas without obtaining a
building permit from the Township.
(11)
Bond. Prior to the issuance of a permit to construct a tower-based
WCF outside of the ROW, the owner shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this chapter. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
chapter after reasonable notice and opportunity to cure. The owner
shall file the bond with the Township and maintain the same in effect
for as long as the tower-based WCF exists.
C.
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(1)
Permitted locations and additional design standards.
[Amended 8-17-2020 by Ord. No. 2020-03]
(a)
Only tower-based WCF that are 50 feet or shorter in height are
permitted, by conditional use, within the public rights-of-way along
corridors and roadways in the LI Limited Industrial District.
(b)
Only tower-based WCF that are 50 feet or shorter in height are
permitted, by conditional use, within the public rights-of-way and
along the following corridors and roadways, regardless of the underlying
zoning district, provided they are not located within an area that
is entirely served by underground utilities (excluding underground
sewer and water lines):
(c)
Any such tower-based WCF shall not be located within any public
rights-of-way that directly front or abut the front yard of a residential
dwelling or the front yard of a residentially zoned property.
(2)
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. 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 in the ROW.
(3)
Co-location. An application for a new tower-based WCF in the ROW
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(4)
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.[2]
[2]
Editor's Note: See 66 Pa.C.S.A § 101 et seq.
(5)
Equipment location. Tower-based 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 face of the curb.
(b)
Ground-mounted equipment that cannot be installed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Board of Supervisors.
(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 30 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.
(6)
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. The application of the stealth technology
chosen by the applicant shall be subject to the approval of the Board
of Supervisors.
(b)
Any substantial change to an existing 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 or future users, including antenna
for public safety needs by emergency responders.
(7)
Additional antennas. The WCF applicant shall allow and encourage
other service providers to co-locate antennas on tower-based WCFs
where technically and economically feasible. The owner of a tower-based
WCF shall not install any additional antennas without obtaining the
prior written approval of the Township.
(8)
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 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.
(d)
An emergency as determined by the Township.
(9)
Compensation for ROW use. 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 related to the Township's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each 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. The annual ROW management fee for
tower-based WCFs shall be determined by the Township and authorized
by resolution of the Board of Supervisors and shall be based on the
Township's actual ROW management costs as applied to such tower-based
WCF.
(10)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the ROW shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $100,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township and maintain the same in effect for as long as the tower
exists.
D.
General requirements for all nontower wireless communications facilities.
Nontower wireless communications facilities that qualify as small
wireless facilities as has been defined by the Federal Communications
Commission are governed by a separate ordinance, and related design
criteria, as adopted by the Township to address small wireless facilities.[3] Small wireless facilities are not subject to the provisions of this section or any portion of § 200-91. The following regulations shall apply to all nontower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached.
[Amended 8-17-2020 by Ord. No. 2020-03]
(1)
Permitted in all zones subject to regulations. Nontower WCFs are
permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Standard of care. Any nontower 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, 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.
(3)
Wind. Any nontower 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 Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(4)
Public safety communications. No nontower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio other communication services enjoyed by occupants of nearby
properties. If measurable interference does result from the installation
and use of the nontower WCF, the owner of the nontower WCF shall take
immediate appropriate measures to abate the interference or cease
operation.
(5)
Aviation safety. Nontower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(6)
Radio frequency emissions. No nontower WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC.
(7)
Removal. In the event that use of a nontower 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:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
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.
(8)
Timing of approval. Within 30 calendar days of the date that an application
for a nontower 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 receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
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 information shall not be counted toward the
Township's ninety-day review period.
(9)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
E.
The following regulations shall apply to all nontower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in all zones subject to regulations. Nontower WCFs are
permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Standard of care. Any nontower 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, 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.
(3)
Wind. Any nontower 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 Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(4)
Public safety communications. No nontower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties. If measurable interference does result from the installation
and use of the nontower WCF, the owner of the nontower WCF shall take
immediate appropriate measures to abate the interference or cease
operation.
(5)
Historic buildings. Nontower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or is defined as an historic resource
pursuant to this chapter.
(6)
Aviation safety. Nontower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
(7)
Maintenance. The following maintenance requirements shall apply:
(8)
Radio frequency emissions. No nontower WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC.
(9)
Removal. In the event that use of a nontower 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:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
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.
(10)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower 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 receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant 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 information shall not be
counted toward the Township's ninety-day review period.
(11)
Bond. Prior to the issuance of a permit, the owner of each individual
nontower WCF shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $25,000 for each individual nontower WCF, to assure the faithful
performance of the terms and conditions of this chapter. The bond
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this chapter, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township
and maintain the same in effect for as long as the nontower WCF exists.
(12)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF as set
forth in fee schedules established by the Township.
[Amended 8-17-2020 by Ord. No. 2020-03]
F.
Nontower wireless facilities outside the rights-of-way. The following
additional regulations shall apply to nontower wireless communications
facilities located outside the rights-of-way that substantially change
the wireless support structure to which they are attached:
(1)
Development regulations. Nontower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(a)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(b)
A six-foot-high security fence shall surround any separate communications
equipment building.
(c)
Vehicular access to the communications equipment building shall
not interfere with the parking or vehicular circulations on the site
for the principal use.
(2)
Design regulations.
(a)
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the applicant
shall be subject to the approval of the Board of Supervisors.
(b)
Nontower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the applicant obtains conditional use approval from
the Board of Supervisors.
(c)
All nontower WCF applicants must submit documentation to the
Township justifying the total height of the nontower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(3)
Noncommercial usage exemption. The design regulations enumerated
in this subsection shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
(a)
Removal and replacement. The removal and replacement of nontower
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.
G.
Nontower wireless facilities in the rights-of-way. The following
additional regulations shall apply to all nontower wireless communications
facilities located in the rights-of-way:
(1)
Co-location. Nontower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
(2)
Design requirements.
(a)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(b)
Antennas and all support 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)
Compensation for ROW use. In addition to permit fees as described
above, every nontower 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 related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each nontower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for nontower WCFs shall
be determined by the Township and authorized by resolution of the
Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such nontower WCF.
(4)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all nontower 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]
[4]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(5)
Equipment location. Nontower 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 face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be installed underground,
then all such equipment 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 30 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to nontower 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 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.
(d)
An emergency as determined by the Township.
H.
Wireless communications facilities on Township-owned land. Tower-based
wireless communications facilities and nontower wireless communications
facilities may be permitted on land owned by the Township when conditional
use approval has been granted by the Board of Supervisors in accordance
with the provisions of this chapter and subject to the following additional
criteria:
(1)
Not more than one monopole shall be located on any one Township property
identified by a separate tax parcel number.
(2)
The Board of Supervisors may permit the monopole to be a maximum
height of 150 feet, which height shall include all subsequent additions
or alterations. All applicants must submit documentation to the Township
justifying the total height of the structure. Notwithstanding the
above restriction, the height of the tower-based WCF may be increased
to a maximum height of 200 feet provided that the following criteria
are met:
(a)
There are no inhabited structures or electrical transmission
lines within a 200-foot radius;
(b)
The tower-based WCF is located a distance equal to the height
of the tower from the nearest property line;
(c)
The tower-based WCF must conform to all FAA regulations including
lighting, if required; and
(d)
The Board of Supervisors is assured that all health, safety,
and welfare issues have been properly addressed.
(3)
In addition, when no tower is proposed, antenna(s) may be mounted
on an existing building or structure owned and maintained by the Township,
when approved by the Board of Supervisors, in which case they shall
be constructed to simulate the architectural facade and/or color of
the building, structure or object to which they are attached.
(6)
The location of the wireless communications facility on the property
owned by the Township shall be at the absolute discretion of the Board
of Supervisors which shall be approved as part of the conditional
use application.
I.
Public emergency services telecommunications facility. The following
regulations shall apply to a public emergency services telecommunications
facility, unless otherwise noted:
(1)
A public emergency services telecommunications facility shall only
be permitted in the LI Limited Industrial District by conditional
use approval of the Board on property owned by the Township, the Municipal
Authority, county, state or federal government or an agency of such
governments.
(3)
For a public emergency services telecommunication facility, all applicable standards in § 200-91B(1), (3), (7), (9) and (10) shall apply.
(4)
A public emergency services telecommunications antenna support structure
may be either a self-supporting lattice structure or a monopole.
(5)
A public emergency services telecommunications antenna support structure
shall be designed at the minimal functional height and shall not exceed
a maximum height of 325 feet, which height shall include all subsequent
additions and/or alterations. All applicants to construct a public
emergency services telecommunications antenna support structure must
submit documentation to the Township justifying the total height of
the structure. In addition, the public emergency services telecommunications
antenna support structure must conform to all FAA regulations including
lighting, if required.
(6)
An applicant for a public emergency services telecommunications facility
must demonstrate that the public emergency services telecommunications
facility is used principally as part of a public countywide emergency
services communications network providing communications services
to the emergency responders that serve Upper Uwchlan Township, Chester
County, Pennsylvania, and other Chester County municipalities.
(7)
Fence/screen:
(a)
A security fence having a maximum height of eight feet shall
completely surround any public emergency services telecommunications
facility.
(b)
The Board of Supervisors may also require the applicant to install
an effective screen as defined in this chapter to further screen the
public emergency services telecommunications facility.
J.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this section. To the extent that
any of the provisions in this section conflict with any federal or
state statute or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances.
[Added 8-17-2020 by Ord.
No. 2020-03]
[Added 8-6-2001 by Ord. No. 01-06]
A.
Authorization of use. Amateur radio antennas and amateur radio antenna arrays, amateur radio stations and amateur radio support structures are hereby recognized as permitted accessory structures in the R-1, R-2, R-3 and R-4 Zoning Districts, pursuant to §§ 200-13E(1), 200-17C, 200-21C, and 200-27C, provided that the residence to which the amateur radio antenna station or support structure is accessory must be a single-family detached dwelling.
B.
Amateur radio support structures and antennas must
not exceed 60 feet above ground level, measured from the base of the
support structure or other structure or building to which an amateur
radio antenna or antenna array is attached.
C.
Every amateur radio antenna, antenna array and amateur
radio support structure shall be located to the rear of any residential
building, and must be located on the same lot as the single-family
detached dwelling to which it is accessory.
D.
The amateur radio antennas support structure shall
be made of corrosion-resistant material and shall be comparable with
the following material list: Angel aluminum, stainless steel bolts
and Kevlar cable-type guy wires.
E.
All amateur radio antenna and amateur radio antenna support structures shall be located a distance from a parcel lot line not including any paved cartway or public or private street or right-of-way equal to 50% of the antenna's height as measured in Subsection B above. The construction or installation of an amateur radio antenna, antenna array, or amateur radio antenna support structure must be authorized by a properly issued building permit. All applications for such a building permit must be supported by appropriate engineering data confirming compliance with all regulations set forth in the Building Code in effect at the time of the application submission. The design of all amateur radio antenna support structures must incorporate such anti-climbing features or devices as may be necessary to reasonably prevent unauthorized individuals from climbing the structure.
F.
All amateur radio antenna, antenna array and amateur
radio support structures must be dismantled and removed from the subject
property not later than 90 days from the date on which the antenna
or support structure ceases to be used or from the date on which the
operator of the amateur radio station using the antenna and/or support
structure is no longer authorized by the FCC to operate an amateur
radio station, or at time of use and occupancy should the buyer not
be authorized by the FCC to operate an amateur radio station.
G.
Application for building permit. An application for
a building permit to authorize the construction, installation or attachment
of an amateur radio antenna, antenna array, or an amateur radio support
structure shall be signed by the parcel owner, and shall be supported
by the following:
(1)
A reasonably accurate site plan identifying the property
boundary, location of existing buildings or structures and the proposed
location of the antenna and/or support structure.
(2)
A copy of the radio license issued by the FCC, which
must be in the name of the applicant and subject parcel owner.
(3)
Two copies of the construction and installation drawings
and specifications (issued by the manufacturer of the components of
the structures or attachments, or bearing the seal of a Commonwealth
of a Pennsylvania-registered professional engineer).
(4)
Appropriate confirmation from the manufacturer or
engineer certifying that the antenna attachment and amateur radio
support structure has been designed in accordance with the applicable
provisions of the building code in effect at the time of the application.
H.
The owner of the antennas shall inspect the antennas
and support structures yearly. The Township has the right to conduct
inspections as deemed necessary.
