A.
Every building and structure hereafter erected or
moved shall be on a lot adjacent to a public street or a private street
approved by the Township Supervisors. After the effective date of
this chapter, no lot shall be created unless it abuts a public street
or a private street approved by the Township Supervisors.
B.
Where a new building or structure is proposed on a
tract of ground having its access via an unimproved right-of-way,
a plan indicating the same shall be submitted to the Township Planning
Commission and Township Supervisors for approval.
C.
When the Township permits a subdivision to occur predicated
upon a right-of-way to gain access to the tract, the right-of-way
shall have a width sufficient to permit the construction of a street
right-of-way meeting the requirements of the Subdivision and Land
Development Ordinance,[1] the area, yard and height regulations of the applicable
zoning district not withstanding. For any such right-of-way, the minimum
lot width at the street line requirements of the applicable zoning
district will not have to be met, but the minimum lot width at the
building setback line requirement will have to be met.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that the area, yard and other requirements of this chapter applicable to the district in which the lot is located shall be met for each structure as though it were on an individual lot, unless otherwise specifically provided in this chapter (refer to "land development" definition, § 184-5).
A.
General.
[Amended 8-5-2008 by Ord. No. 245-2008]
(1)
Except as noted elsewhere in this chapter, no accessory
building or structure shall be permitted within any front yard setback.
An accessory structure, private garage or other building accessory
to a dwelling, which is not a structural part of the dwelling, may
be erected in the required rear or side yards, provided that such
accessory building or structure shall be situated not less than 10
feet from any property line and at least as far back from the street
line as the rearmost portion of the dwelling excluding overhangs,
and provided that such accessory buildings shall not exceed 20 feet
in height.
(2)
The minimum distance between accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure, other than a detached garage, and a principal building shall be five feet. Detached garages shall be governed by § 184-146B(2).
(3)
No permanent accessory building or structure shall
be constructed on any lot prior to the commencement of construction
of the principal building to which it is accessory.
B.
Use regulations.
(1)
Swimming pool. Permanent swimming pools shall be entirely
enclosed with a permanent barrier or fence not less than four feet
in height, such fence having no opening with a dimension greater than
four inches on a side (or in diameter in the case of round openings).
Walls of buildings may serve as part of the fence or barrier. Where
such pools are of the type having aboveground construction, that portion
of the pool wall extending above the ground may be included as part
of the barrier or fence. Fences shall have a gate which shall be securely
locked when not in use. Aboveground pools shall have a ladder or stairway
which can be removed or rendered unusable, and the entrance to the
pool shall be capable of being securely closed to a height of four
feet.
(2)
Detached garages. No such garage shall be located
within 10 feet of a dwelling. No temporary structures shall be permitted.
The maximum length of any side of the garage serving a dwelling, and
not used as part of a lawful agricultural use, shall be as follows:
[Amended 6-7-2005 by Ord. No. 219-2005]
|
Lot Size
(square feet)
|
Maximum Length of Side of Garage
(feet)
| |
|---|---|---|
|
15,000 or less
|
36
| |
|
15,001 to 43,560
|
48
| |
|
43,560 to 87,120
|
60
| |
|
Greater than 87,120
|
72
|
(3)
Apartment and townhouse accessory uses shall be restricted
to uses designed solely for residents of the apartment and townhouse
units. One office per project for the purposes of administering and
renting dwelling units may be established. One sample apartment or
townhouse for display purposes shall be permitted for each type of
dwelling unit to be constructed.
(4)
Tennis courts shall have permanent fences at least
10 feet in height behind each baseline, extending at least 10 feet
beyond the playing area in each direction.
(5)
Patios, paved terraces and open porches shall not
be located closer than five feet to any property line, except a property
line which is an extension of a common wall, and shall not project
into any required front yard.
(6)
Animal shelters shall not be located within 10 feet of the rear lot line nor within 10 feet of that portion of the side lot line abutting the rear yard. The keeping of domestic farm animals other than horses shall be considered an agricultural use. The keeping of horses shall be permitted, provided that the minimum lot size is five acres and the requirements of § 184-150B and C of this chapter are met.
(7)
No agricultural uses shall be permitted except individual
gardens for home consumption.
(8)
Earth station satellite receiving dishes. All freestanding earth station satellite receiving dishes, mounted at ground level, shall be considered accessory structures, and the same shall be subject to the provisions of § 184-146A(1) of this chapter.
(9)
The construction of an in-law suite is allowed
for single-family dwellings, provided the following requirements are
satisfied:
[Added 9-6-2016 by Ord. No. 306-2016]
(a)
The in-law suite may not constitute a separate
dwelling unit.
(b)
The in-law suite shall be restricted to a single
dwelling unit located within single-family zoning districts (RR, SR,
UR, URMD and AB).
(c)
Persons residing in the in-law suite must be
allowed access to the common areas of the dwelling unit (e.g., the
kitchen, living room, basement, garage, etc.).
(d)
The in-law suite shall not have separate gas,
electric, sewer or water utilities (more than one meter per utility
would constitute a separate dwelling unit and is prohibited).
(e)
The in-law suite shall not be located in an
accessory building (this would constitute a separate dwelling unit).
(f)
The in-law suite shall be connected to the primary
heated living area of the dwelling unit. The in-law suite shall not
be connected to the primary dwelling unit by a breezeway, as this
would constitute a separate dwelling unit.
(g)
The in-law suite shall have principal means
of access to the outside of the primary dwelling unit via the primary
dwelling unit's main exterior doorways or via the in-law suite's exterior
doorway.
(h)
The in-law suite shall not have a fully equipped
kitchen. Only an under-counter refrigerator and microwave appliances
are allowed to serve the in-law suite.
(i)
All building permit applications involving in-law
suites shall include a signed and notarized affidavit from the property
owner stating who will reside in the in-law suite and acknowledging
that the in-law suite is prohibited from use as an apartment. Neither
the primary dwelling unit nor the proposed in-law suite shall at any
time be occupied by any person other than the property owner and members
of his or her immediate family.
(j)
The property owner shall not lease or rent the
in-law suite as an apartment or separate dwelling unit.
(k)
Any sale, lease, transfer or other alienation
of the property shall be as a single-family dwelling and shall include
the entire structure located on the property.
(l)
The in-law suite may be occupied by a maximum
of two immediate family members, including parents, siblings, children
and first and second cousins. It can contain others connected by birth,
adoption, marriage, civil partnership, or cohabitation, such as grandparents,
great-grandparents, grandchildren, great-grandchildren, aunts, uncles,
siblings-in-law, half-siblings, adopted children and step-parents/step-children,
and cohabiting partners.
(m)
Any additional bedrooms constructed in the in-law
suite shall provide evidence that the property is serviced by public
sewer and public water or that the existing on-lot sewage disposal
system and water supply well have sufficient capacities to accommodate
the principal use plus the in-law suite.
B.
Use regulations.
(1)
Storage facilities. All such facilities shall be located in areas
which have direct access to a street or driveways. The outdoor storage
of materials shall be screened from view from adjoining properties
and streets. No such area shall be located within 50 feet of any street
line. No outside storage shall comprise more than the following percentage
of floor area within the districts listed:
[Amended 8-6-2019 by Ord.
No. 321-2019]
|
District
|
Percentage of Floor Area
|
|---|---|
|
LI
|
25%
|
|
GI
|
25%
|
|
OR
|
5%
|
|
SC
|
5%
|
|
HC
|
5%
|
|
NC
|
5%
|
|
LC
|
5%
|
|
IR
|
5%
|
|
ASU
|
25%
|
(2)
Living quarters. Living quarters shall be permitted
only for proprietors, watchmen, caretakers or similar employees whose
presence on the property is required and as long as the living quarters
are part of the principal structures, unless otherwise provided in
this chapter.
(3)
Garages, maintenance buildings and outdoor storage
of materials shall not be located within any required yard.
(4)
Cafeterias shall be limited to use by employees and
conducted within the principal structure.
A.
Where district regulations require buffer yards, screening (see definition in § 184-5), planting strips and the like, these shall be subject to approval of the Zoning Officer prior to planting. The type and density of planting shall adequately provide the screening effect required year-round and be approved by the Supervisors. In addition to the height requirement in Subsection B hereof, landscaping installed as a required screen or buffer shall be of sufficient density and size to provide the required screening effect as required by the Board of Supervisors or its designee.
[Amended 10-1-1996 by Ord. No. 159]
B.
Plant materials used in screen plantings shall be
a minimum of five feet in height when planted. Typically, screens
shall consist of two staggered rows of evergreen trees such as white
spruce, Colorado spruce, scotch pine, Swiss stone pine, Serbian spruce,
Douglas fir, Canadian hemlock, Norway spruce, eastern white pine,
or Japanese white pine. The rows shall be spaced 10 feet on center
and trees within rows shall be spaced eight feet to 10 feet on center.
The Board of Supervisors may allow alternative designs.
[Amended 4-12-2000 by Ord. No. 186-2000]
C.
Screen planting shall be permanently maintained and
plant material which does not live shall be replaced within one year.
D.
For nonresidential and nonagricultural uses, any part
of a site which is not used for building or paved area shall be planted
with an all-season ground cover and shall be landscaped according
to an overall plan in keeping with the natural surroundings. The landscaping
plan shall be prepared and sealed by a registered landscape architect.
Any single parking area with more than 12 spaces shall utilize at
least 10% of its area in landscaping, which shall be in addition to
the open areas requirements of the applicable zoning district.
[Amended 4-12-2000 by Ord. No. 186-2000]
(1)
No one row of off-street parking spaces shall exceed
12 spaces and raised planting beds shall be at intervals not to exceed
12 spaces, unless alternative landscaping arrangements are approved
by the Township Supervisors.
(2)
Raised planting islands shall be located at each end
of a double loaded parking row and shall be planted with two shade
trees per island.
(3)
Raised planting beds shall be planted with one shade
tree per bed.
(4)
Perimeter planting strips shall be provided around
all parking areas and shall have a minimum width of five feet. Such
strips shall contain shade trees and shrubs. These strips shall be
designed to accommodate snow storage.
(5)
All parking areas shall have at least one tree of
two-inch caliper minimum for every six parking spaces in single rows
and one tree of two-inch caliper minimum for every 12 parking spaces
in double-loaded rows of parking spaces.
(6)
Surface treatment of raised planting beds, raised
planting islands and perimeter plantings shall be grass, ground cover
or low maintenance shrubs.
(7)
Landscaping shall be maintained to not interfere with
required clear sight triangles and required sight distances.
E.
A screen shall be provided around the perimeter of
community sewage disposal systems, including package plants.
[Added 4-12-2000 by Ord. No. 186-2000]
[Amended 4-12-2000 by Ord. No. 186-2000]
When the property on which any activity is conducted
is illuminated at night, such illumination shall be so designed and
located that the light sources are shielded from adjoining properties
and streets. No direct beams of light shall be directed toward adjacent
properties or roads. No lighting shall be utilized in such a manner
to produce a noxious glare or light intensity greater than one footcandle
beyond the lot boundaries (0.6 footcandle in the case of a property
zoned for residential use).
A.
No farm building or any other outbuilding other than
a dwelling shall be constructed closer than 75 feet to any property
line.
B.
All grazing or pasture areas utilized for this purpose
shall be fenced.
C.
No slaughter area or manure storage shall be established
closer than 200 feet to any property line.
D.
The sale of farm products is subject to the following:
(2)
At least 50% of such products shall have been produced
on the property on which they are offered for sale.
(3)
Parking space for at least three cars shall be provided
behind the street line.
(4)
Sale of farm products shall be conducted from a portable
stand, removed at the end of the growing season, or from a permanent
building located no closer to the street than the applicable building
setback line.
E.
Intensive agricultural activities include the cultivation
of mushrooms; the raising of pigs and poultry; dry lot livestock production;
and the maintenance of horses, pigs, donkeys, cattle, mules, cows,
sheep and goats if the total number of farm animals shall exceed the
number of farm acres, including land owned and/or leased. The uses
are further subject to the following:
(1)
All properties for such uses shall have a minimum
size of 10 acres.
(2)
A fence shall be maintained around all areas in which
animals are kept outside buildings.
(3)
Commercial composting is prohibited. Any on-site composting
shall be limited for use on the premises on which such composting
is made and produced.
(4)
Solid and liquid waste shall be disposed of in a manner
to avoid creating insect or rodent problems.
(5)
No discharge of liquid waste and/or sewage shall be
permitted into a reservoir, sewage or storm disposal system, holding
pond, stream or other open body of water or into the ground unless
treated so that the discharge is in total compliance with the standards
approved by the appropriate local, state and federal regulatory bodies
and/or agencies.
(6)
All organic materials to be used in on-site composting
shall be stored under roof, and all on-site composting shall be performed
under roof in a totally enclosed structure having impervious flooring
with drainage and suitable protection so as to ensure that there is
no runoff from said structure onto surrounding lands.
(7)
Intensive agricultural activities shall not be located
closer than 600 feet to any existing church, school, recreational
use, eating establishment or dwelling, unless the dwelling is under
the same ownership as that property on which the intensive agricultural
activity is located, nor shall it be located closer than 300 feet
to any property line.
[Added 4-12-2000 by Ord. No. 186-2000]
(8)
No more than three animal equivalent units per acre
shall be contained on the property. In calculating animal equivalent
units, the following shall be used:
[Added 4-12-2000 by Ord. No. 186-2000]
|
1 dairy cattle = 1 animal equivalent unit
| |
|
1 beef cattle = 1 animal equivalent unit
| |
|
1 horse = 1 animal equivalent unit
| |
|
4 hogs = 1 animal equivalent unit
| |
|
5 sheep = 1 animal equivalent unit
| |
|
5 goats = 1 animal equivalent unit
| |
|
250 poultry = 1 animal equivalent unit
| |
|
1 donkey = 1 animal equivalent unit
| |
|
1 mule = 1 animal equivalent unit
|
(9)
The applicant shall demonstrate that the site is capable
of handling the waste material to remain on the site. Any required
nutrient management plan shall receive approval from the Berks County
Conservation District.
[Added 4-12-2000 by Ord. No. 186-2000]
(10)
An erosion and sedimentation control plan shall
be approved by the Township and the Berks County Conservation District.
[Added 4-12-2000 by Ord. No. 186-2000]
(11)
No intensive uses may occur in a one-hundred-year
floodplain.
[Added 4-12-2000 by Ord. No. 186-2000]
(12)
All on-site composting shall be performed under
roof in a partially enclosed structure having impervious flooring
with drainage and suitable protection so as to ensure that there is
no runoff from said structure onto surrounding lands.
[Added 4-12-2000 by Ord. No. 186-2000]
The following controls shall apply to all recreational
uses not owned by Bern Township:
A.
All activities of a commercial nature shall be clearly
accessory to and incidental to the permitted recreational use, such
as the charging of admission, the sale of refreshments and the rental
or sale of athletic equipment.
B.
Sleeping accommodations shall be provided only for
caretakers and similar types of employees, except in the case of camps
intended to provide for overnight accommodations.
C.
Accessory uses shall be restricted to those providing
necessary amenities to members and guests.
D.
Minimum lot size shall be five acres.
E.
All buildings shall be set back a minimum of 150 feet
from all lot lines.
F.
Maximum lot coverage shall be 5%.
G.
Maximum paved area shall be 10%.
H.
Minimum lot width shall be 350 feet.
J.
The noise level emanating from a use shall not exceed
55 dB(A) at lot line.
K.
A complete visual barrier by screening techniques
shall be provided along any lot line adjacent to a residential use.
L.
All storage shall be completely screened from view
from any public right-of-way and any residential use. All organic
rubbish or storage shall be contained in vermin-proof containers.
M.
No driveway or street to service a use shall be located
within 100 feet from the intersection of any street lines. Approval
of any recreational use plan shall be subject to review by the Township
Planning Commission. No design shall be approved which is likely to
create substantial traffic hazards endangering the public safety.
Safety requirements which may be imposed in such a review shall include
traffic control devices, acceleration or deceleration lanes, turning
lanes, traffic and lane markings and signs.
N.
The interior circulation of traffic shall be designed
so that no driveway or street providing parking spaces shall be used
as a through street. If parking spaces are indicated by lines with
angles other than 90°, then traffic lanes shall be restricted
to one-way, permitting head-on parking. No driveway or street used
for interior circulation shall have traffic lanes less than 10 feet
in width. Areas for loading shall be separate from customer parking
areas.
[Amended 4-12-2000 by Ord. No. 186-2000]
O.
Trails for vehicles including but not limited to snowmobiles,
all-terrain vehicles, dirt bikes, trail bikes and ultralights shall
be located no less than 50 feet from a lot line and meet any additional
regulations imposed by Township regulations.
[Amended 4-12-2000 by Ord. No. 186-2000]
P.
An erosion and sedimentation control plan shall be
approved by the Township Engineer.
[Amended 7-21-1992 by Ord. No. 123; 4-12-2000 by Ord. No.
186-2000]
A.
Screening. A visual screen shall be provided along
any lot line adjacent to a residential use.
B.
Storage. All outside storage shall be completely screened
from view from any public right-of-way and any adjacent residential
use. All organic rubbish or storage shall be contained in vermin-proof
containers.
C.
Landscaping. Any part or portion of a site which is not used for building area or paved area shall be planted with an all-season ground cover and shall be landscaped according to an overall plan in keeping with the natural surroundings. The landscaping plan shall be prepared and sealed by a registered landscape architect. Any single parking area with 12 or more spaces shall utilize at least 10% of its area in landscaping, which shall be in addition to open area requirements of the applicable zoning district. Landscaping and screening shall be in accordance with § 184-148.
D.
Access and traffic control. No driveway or street
to service a use shall be located within 100 feet from the intersection
of any street lanes. Approval of any development plan for the above
uses shall be subject to review by the Township Planning Commission.
No design shall be approved which is likely to create substantial
traffic hazards endangering the public safety. Safety requirements
which may be imposed in such a review shall include traffic control
devices, acceleration or deceleration lanes, turning lanes, traffic
and lane markings and signs.
E.
Interior circulation. The interior circulation of
traffic shall be designed so that no driveway providing parking spaces
is used as a through street. If parking spaces are indicated by lines
with angles other than 90°, then traffic lanes shall be restricted
to one-way, permitting head-on parking. No driveway or street used
for interior circulation shall have traffic lanes less than 10 feet
in width. Areas for loading shall be separate from customer parking
areas.
F.
Lighting. All parking areas, driveways and/or streets shall be provided with a lighting system which shall furnish adequate illumination at any point and shall be designed to prevent glare which could be hazardous or uncomfortable to drivers in the area. Lights shall be screened to prevent spill or glare onto adjacent residential areas. Section 184-149 of this chapter shall also be complied with.
G.
Shopping cart storage. If any use permits shopping
carts to be taken from the confines of the store building, storage
areas for such carts shall be provided at convenient locations outside
buildings.
H.
Building design. Buildings shall be designed to take
advantage of the natural terrain and shall not be physically located
to unnecessarily concentrate activity in one portion of the lot. At
least one entranceway shall be maintained at ground level. All pedestrian
entrances shall be paved with an all-weather surface. Curbing shall
be provided to separate parking areas, streets and driveways.
I.
A safety screen shall be provided on all sides of
hazardous or dangerous areas as determined by the Township Supervisors.
Such areas may include but not be limited to railroad tracks, mines
or quarries. Other areas deemed by the Township Supervisors as hazardous
or dangerous may be required to be isolated by a fifty-foot buffer
strip upon which no building may be located.
J.
Site element screens.
(1)
Site element screens shall be required in all proposed
land developments around the following site elements, when these are
located partially or fully within 100 feet of a property line or existing
road right-of-way:
(a)
Parking lots.
(b)
Dumpsters, trash disposal or recycling areas.
(c)
Service or loading docks.
(d)
Outdoor storage.
(e)
Vehicle storage.
(f)
Outdoor eating areas.
(g)
Accessory buildings and sheds which can be moved,
and any shed with an area of less than 225 square feet.
(h)
Detention basins.
(i)
Sewage treatment plants and pump stations.
(j)
Vacuums at car washes.
(k)
Community on-site sewage disposal systems.
(2)
The location, dimensions and spacing of required plantings
shall be adequate for the required effect and their proper growth
and maintenance, taking into account the sizes of such plantings at
maturity and their present and future environmental requirements,
such as wind, soil, moisture and sunlight.
(3)
Required plant material shall be maintained for the
life of project to achieve the required visual effect of the screen.
It shall be the ultimate responsibility of successive property owners
to ensure that the required plantings are properly maintained. Dead
or diseased plant material shall be removed or treated promptly by
the property owner and replaced at the next growing season.
The Township Supervisors may require safeguards
to assure compliance with the following performance standards. Upon
request of the Township, a landowner shall furnish proof at his own
expense that he is in compliance with the following standards. No
use shall be operated in such a manner as to constitute a danger to
the residents and inhabitants of Bern Township.
A.
Air management.
(1)
Open burning is not permitted without permit from
the Bern Township Fire Marshal.
(2)
No gases, vapors or fumes shall be emitted which are
harmful to person, property, animals or vegetation beyond the lot
lines of the lot on which gases, vapors or fumes originate. No toxic
or corrosive gases, vapors or fumes shall be released into the atmosphere.
(3)
No odors shall be detectable beyond the lot lines
of the lot on which such odors originate.
(4)
The regulations of the Pennsylvania Department of
Environmental Protection shall be complied with for Fugitive Emissions,
Particulate Matter Emissions, Sulphur Compound Emissions, Standards
for Sources, Sources of Volatile Organic Compounds, Emissions of Hazardous
Air Pollutants and Ambient Air Quality Sources.
(5)
No person shall permit the emission into the outdoor
atmosphere of visible air contaminants in such a manner that the capacity
of the emission is greater than 20%, except where the presence of
uncombined water is the only reason or the failure of the emission
to meet this limitation.
B.
C.
Solid waste management. No solid waste material shall
be openly stored on the lot. All waste materials awaiting transport
shall be concealed from view from all adjacent properties and streets
and kept in enclosed containers.
D.
Noise and vibration.
(1)
Sound level limits at lot lines shall be as follows,
unless a more restrictive standard is applied elsewhere in this chapter:
[Amended 4-12-2000 by Ord. No. 186-2000]
(a)
Table.
|
Sound Levels by Receiving Land Use
| |||
|---|---|---|---|
|
Zoning of Adjoining Lot
|
Time
|
Sound Level Limit
| |
|
Residential, agricultural, industrial
|
7:00 a.m. to 10:00 p.m.
|
60 dBA
| |
|
10:00 p.m. to 7:00 a.m. and Sundays and legal
holidays
|
50 dBA
| ||
|
Commercial, office or industrial
|
At all times
|
65 dBA
| |
|
Airport
|
At all times
|
70 dBA
| |
(b)
The maximum permissible sound levels listed
in the previous table shall not apply to any of the following noise
sources:
[1]
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
[2]
Emergency work to provide electricity, water
or other public utilities when public health or safety are involved.
[3]
Construction operations.
[4]
Lawn maintenance equipment.
[5]
Motor vehicle operations.
(2)
No physical vibration shall be perceptible without
use of instrument at or beyond the lot lines.
F.
Groundwater supplies. No activity shall endanger groundwater
levels and quality in the area of the use, nor adversely affect groundwater
supplies of nearby properties. When required by the Township, a hydrologic
study which shall indicate the impact of the use on groundwater supplies
and quality in the area of the use shall be submitted to the Township.
G.
Electromagnetic and radioactive radiation. All electromagnetic
radiation shall comply with the regulations of the Federal Communications
Commission, provided that no electromagnetic radiation which interferes
with radio or television reception or the operation of other equipment
beyond the lot lines shall be produced. No injurious electromagnetic
radiation or radioactive emission shall be produced and all radioactive
emissions shall meet the federal and state standards.
H.
Outdoor storage. All outdoor storage of materials
or products shall be screened from view from all adjacent properties
and streets.
I.
Carcinogenic substances. No carcinogenic substances
shall be released into the air, ground or water.
J.
PADEP requirements. All regulations of the Pennsylvania
Department of Environmental Protection shall be complied with.
[Amended 4-12-2000 by Ord. No. 186-2000]
K.
Explosives. No production or storage of any material
designed for use as an explosive shall be permitted, except where
permitted.
L.
All outside boarding kennels for animals shall not
be located closer than 500 feet to any existing residential use or
residential district boundary line. The outside kennels may only be
used between the hours of 7:00 a.m. and 9:00 p.m. No person shall
cause, suffer or permit any odor which causes annoyance or discomfort
to the public from any source in such a manner that these malodors
are detectable outside of the property of the person on whose land
the source is being operated.
[Amended 4-12-2000 by Ord. No. 186-2000]
[Added 9-7-1999 by Ord. No. 181]
The following uses are permitted when a conditional
use is granted by the Board of Supervisors:
A.
Indoor dance/acrobatic instructional facility, subject
to the following conditions:
(1)
Special design requirements.
(b)
No paving other than driveways shall be located
within 20 feet of the street line.
(c)
Along each side and rear property line which abuts a residential district boundary line or an existing residential use, an open area not less than 50 feet in width shall be provided. In a similar manner where a tract of land which is zoned LI abuts an existing residential zone and the land on the opposite side of the street is zoned residential or a residential use exists, the minimum front yard shall be 100 feet. The 20 feet of such yard space nearest the property line or street line or district boundary line shall be screened according to the definition found in § 184-5.
(d)
Each use shall comply with the Storm Drainage District Ordinance No. 131 (Chapter 149, Stormwater Management), the storm drainage design standards found in the Subdivision and Land Development Ordinance for the Township of Bern (Chapter 154, Subdivision and Land Development), as well as the Flood Plain District Ordinance Nos. 59-1980 and 61-1980 (Chapter 89, Floodplain Management).
B.
Academic clinical research centers, when permitted as a conditional
use in a zoning district, subject to the following conditions:
[Added 11-6-2017 by Ord.
No. 309-2017]
(1)
Special design requirements:
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The portions of the academic clinical research center
where the medical marijuana is grown shall not be located in a trailer,
cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving the academic clinical research
center must be shielded in such a manner as not to allow light to
be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 184-148 of the Township of Bern Zoning Ordinance.
(e)
Any and all other provisions contained in the Act affecting
the construction, use and operation of an academic clinical research
center.
(f)
The academic clinical research center shall require a site plan
review and approval if it is utilizing an existing facility and land
development review and approval if a new facility is being built and
utilized pursuant to the provisions of the Township of Bern Code of
Ordinances.
C.
Grower/processor facility, when permitted as a conditional use in
a zoning district, subject to the following conditions:
[Added 11-6-2017 by Ord.
No. 309-2017]
(1)
Special design requirements:
(a)
A grower/processor facility which grows and processes medical
marijuana must be owned and operated by a grower/processor legally
registered with the commonwealth and possess a current and valid medical
marijuana permit from DOH pursuant to the Act.
(b)
A grower/processor facility which grows and processes medical
marijuana can only do so in an indoor, enclosed, and secure building
which includes electronic locking systems, electronic surveillance
and other features required by the DOH. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(c)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any grower/processor facility where
medical marijuana growing, processing or testing occurs.
(d)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy or policies and shall
not be placed within any unsecure exterior refuse containers.
(e)
The grower/processor facility shall provide only wholesale products
to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at a grower/processor facility.
(f)
All external lighting serving a grower/processor facility must
be shielded in such a manner as to not allow light to be emitted skyward
or onto adjoining properties.
(h)
A buffer planting is required where a grower/processor facility adjoins a residential use or district in accordance with § 184-148 of the Township of Bern Zoning Ordinance.
(i)
Entrances and driveways to a grower/processor facility must
be designed to accommodate the anticipated vehicles used to service
the facility.
(j)
The grower/processor facility shall require a site plan review
and approval if it is utilizing an existing facility and land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Township of Bern Code of Ordinances.
(k)
Any and all other provisions contained in the Act affecting
the construction, use and operation of a grower/processor facility.
(2)
A grower/processor facility owner shall submit a copy of its
initial Commonwealth of Pennsylvania-issued medical marijuana permit
to Bern Township. Annual medical marijuana renewal permits shall also
be submitted to Bern Township.
D.
Medical marijuana delivery vehicle office, when permitted as a conditional
use in a zoning district, subject to the following conditions:
[Added 11-6-2017 by Ord.
No. 309-2017]
(1)
Special design requirements:
(b)
All external lighting serving a medical marijuana delivery vehicle
office must be shielded in such a manner as to not allow light to
be emitted skyward or onto adjoining properties.
(c)
A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 184-148 of the Township of Bern Zoning Ordinance.
(d)
Entrances and driveways to a medical marijuana delivery vehicle
office must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
(e)
The medical marijuana delivery vehicle office shall require
a site plan review and approval if it is utilizing an existing facility
and land development review and approval if a new facility is being
built and utilized pursuant to the provisions of the Township of Bern
Code of Ordinances.
(f)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana delivery vehicle office, the office
must be secured to the same level as a grower/processor facility and
dispensary facility.
(g)
Any and all other provisions contained in the Act affecting
the construction, use and operation of a medical marijuana delivery
vehicle office.
E.
Dispensary facility, when permitted as a conditional use in a zoning
district, subject to the following conditions:
[Added 11-6-2017 by Ord.
No. 309-2017]
(1)
Special design requirements:
(a)
A dispensary facility must be owned and operated by a legally
registered dispensary in the commonwealth and possess a current and
valid medical marijuana permit from the DOH pursuant to the Act.
(b)
A dispensary facility may only dispense medical marijuana in
an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A dispensary facility may not operate on the same site that
a grower/processor facility is located.
(d)
A dispensary facility shall have a single secure public entrance
and shall implement appropriate security measures to deter and prevent
theft of medical marijuana and unauthorized entrance into areas containing
medical marijuana, all of which shall be in accordance with the Act.
(f)
A dispensary facility may dispense only medical marijuana to
certified patients and caregivers as set forth in the Act and shall
comply with all lawful, applicable health regulations, including those
of DOH.
(g)
A dispensary facility may not be located within 1,000 feet of
a property line of a public, private or parochial school or day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted, or proposed to be conducted, to the closest
property line of the protected use, regardless of the municipality
in which it is located.
(h)
Any medical marijuana facility lawfully operating pursuant to
the Act shall not be rendered in violation of these provisions by
the subsequent location of a public, private or parochial school or
day-care center.
(i)
All external lighting serving a dispensary facility must be
shielded in such a manner as to not allow light to be emitted skyward
or onto adjoining properties.
(k)
A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 184-148 of the Township of Bern Zoning Ordinance.
(l)
Entrances and driveways to a dispensary facility must be designed
to accommodate the anticipated vehicles used to service the facility.
(m)
The dispensary facility shall require a site plan review and
approval if it is utilizing an existing facility and a land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Township of Bern Code of Ordinances.
(n)
Any and all other provisions contained in the Act affecting
the construction, use and operation of a dispensary facility.
(2)
A dispensary facility owner shall submit a copy of its initial
Commonwealth of Pennsylvania-issued medical marijuana permit to Bern
Township. Annual medical marijuana renewal permits shall also be submitted
to Bern Township.
No building or structure may be erected, altered
or used and no lot or premises may be used for any activity which
is noxious, injurious or offensive by reason of dust, smoke, odor,
fumes, noise, vibration, gas effluent discharge, illumination or similar
substances or conditions of a repetitive nature.
A.
All off-street loading and unloading spaces shall
be either bituminous or concrete paved or equivalent as approved by
the Township with proper access from a street, driveway or alley and
shall be provided on a lot on which a building for a trade, business,
industry or warehousing or other use similarly involving large volume
receipt of or distributing of materials or merchandise by motor vehicle
is hereafter erected or expanded. All such areas for loading and unloading
of vehicles and for the servicing of establishments by refuse collection,
fuel and other services vehicles shall be of such size, design and
arrangement that they may be used without blocking or otherwise interfering
with the use of automobile accessways, parking facilities and pedestrianways.
Loading areas shall not be located within required front yards and
shall not be located within five feet of any side or rear lot line
unless otherwise specified.
B.
The applicant shall indicate all provisions for off-street
loading and include supporting data on the number, frequency and schedules
and size of vehicles which will serve the facility. The number and
size of loading spaces provided shall be appropriate for the use to
be conducted on the premises and sufficient to accommodate all vehicles
serving the use. At least one loading space shall be provided for
each use. Provisions for loading areas are subject to approval by
the Planning Commission.
A.
Off-street parking facilities should be provided whenever:
B.
Each parking space shall have a minimum area of 200
square feet and minimum dimensions of 10 feet wide by 20 feet in length.
In addition, appropriate driveways, aisles and maneuvering space shall
be provided as necessary to permit safe and convenient access to and
use of the area as provided for parking purposes. Safe and convenient
access from a street, alley or driveway shall be provided. When parking
spaces are provided parallel to a driveway or aisle, the minimum dimensions
of the spaces shall be 10 feet wide by 22 feet in length.
C.
Parking spaces for residential uses shall be located
on the same lot as the use served and shall be located behind the
street right-of-way line. Parking spaces for other uses shall be provided
for on the same lot as the use being served.
D.
Joint parking facilities for two or more permitted
uses may be established, provided that the number of spaces is not
less than the sum of the spaces required for each individual use.
E.
All parking spaces and means of access, other than
those relating to a dwelling, shall be illuminated during night hours
of use. The illumination shall be designed and located so that the
light sources are shielded from adjoining properties and public and
private streets. The illumination shall not produce a glare noxious
at or beyond the boundaries of the parking area.
F.
All common parking area and access drives shall be
paved, shall have marked parking spaces, shall be graded to provide
convenient vehicular access and property drainage and shall be maintained
in usable condition. The maximum grade of areas used for parking shall
not exceed 6% and the maximum grade of access drives shall not exceed
10%.
[Amended 4-12-2000 by Ord. No. 186-2000]
G.
No areas necessary to fulfill the off-street parking
requirements of this chapter (except residential) shall be used for
the sale, dead-storage, repair, dismantling or servicing of vehicles.
H.
Off-street parking facilities existing at the effective
date of this chapter shall not be subsequently reduced to an amount
less than that required under this chapter for a similar new building
or use. If such facilities are already less than the required number,
there shall be no further reduction.
I.
The width of aisles in parking areas shall be no less
than listed in the following table:
|
Aisle Width
| |||
|---|---|---|---|
|
Angle of Parking
|
One-Way
|
Two-Way
| |
|
90°
|
20 feet
|
24 feet
| |
|
60°
|
18 feet
|
—
| |
|
45°
|
15 feet
|
—
| |
|
30°
|
12 feet
|
—
| |
J.
When the required number of parking spaces is computed
and a fraction of a parking space results, any fraction below 1/4
may be disregarded and any fraction above 1/4 shall necessitate the
provision of a full parking space.
K.
Parking areas for nonresidential uses shall be designed
such that vehicles will not back out onto the public streets. Vehicles
should be discouraged from backing out onto public streets where residential
uses are concerned.
L.
The design of parking areas shall avoid the line formation
of vehicles onto a public street at the entrance to parking areas.
M.
Where parking requirements are determined by the number
of seats and no permanent seats are provided, only temporary seats,
the number of parking spaces to be provided shall be based upon the
capacity for temporary seats in normal usage.
N.
Parking areas shall be arranged so that no portion
of any vehicle parked within a designated parking space can extend
over any property line of the lot on which it is parked.
O.
Parking areas for nonresidential uses which are designed
to contain more than two vehicles shall be screened from the view
of persons on any land zoned residential which adjoins or is separated
by a street from which the nonresidential parking area is located
and shall be located a minimum of 20 feet from any land so zoned.
P.
Parking areas for nonresidential uses shall be located
a minimum of 20 feet from a street right-of-way line and from a side
or rear lot line, and the area between the parking area and the street
right-of-way line or side or rear lot line shall be landscaped.
Q.
The number of off-street parking spaces to be provided
for each use shall be sufficient to accommodate all company, employee,
visitor and customer parking.
(1)
Minimum off-street parking requirements shall be as
follows:
|
Use
|
Minimum Number of Parking Spaces
| |
|---|---|---|
|
Residential[1]
|
3 per dwelling unit; in the case of apartment
buildings which will contain only dwelling units for the elderly,
1 per dwelling unit
| |
|
Restaurant, tavern or similar
|
1 for each 4 restaurant seats, plus 1 for each
2 tavern seats and 1 for each employee on the shift of greatest employment
| |
|
Retail and service
|
1 for each 200 square feet of gross floor area
| |
|
Office
|
1 for each 200 square feet of gross floor area
| |
|
Motel, hotel, tourist home or similar
|
1 for each rental unit, plus 1 for each employee
on the shift of greatest employment
| |
|
Medical, veterinarian, dental and paramedical
|
1 per employee, plus 4 for each person engaged
in practice
| |
|
Agricultural
|
1 per employee on the shift of greatest employment
| |
|
Nursing home or convalescent home
|
1 per employee on the largest shift, plus 1
for each 4 beds
| |
|
Hospital
|
1 1/2 per bed
| |
|
Bowling alley
|
5 per alley
| |
|
Funeral home
|
1 for each 4 seats
| |
|
Auditorium, theater, place of worship, club
or lodge or other place of public assemblage
|
1 for each 3 seats
| |
|
Library or museum
|
1 per 300 square feet of gross floor area
| |
|
Nursery schools and day-care centers
|
1 per employee, plus 6 spaces for loading and
unloading of children accommodated in the school
| |
|
Elementary and junior high schools
|
1 per employee, plus 1 per 2 classrooms or offices
| |
|
High schools
|
1 per employee, plus 1 per 3 students to be
accommodated at any one time
| |
|
Commercial school
|
1 per employee, plus 1 per 3 students to be
accommodated at any one time
| |
|
Skating rink, swimming pool, dance hall, indoor
recreational establishments
|
1 per 50 square feet devoted to patron use
| |
|
Motor vehicle service station or repair garage
|
5 per service bay, plus 1 per employee on the
shift of the greatest employment
| |
|
Outdoor recreational facility
|
1 per employee on the largest shift, plus 1
per 5 people of total capacity
| |
|
Shopping center
[Amended 4-12-2000 by Ord. No. 186-2000] |
5 per 1,000 square feet of gross leasable area
| |
|
Hangar and related service facilities
|
1 paved parking space for each employee
| |
|
Air terminal facility
|
1 paved parking space for each 50 square feet
of gross floor area
| |
|
Indoor dance/acrobatic instructional facility
[Added 9-7-1999 by Ord. No. 181] |
1 paved parking space for each 125 feet of gross
floor area
| |
|
Motor vehicle rental facility
[Added 4-1-2008 by Ord. No. 243-2008] |
One space for each employee per shift at the
facility; one space for each motor vehicle which shall be rented from
the facility and one space per every five vehicles to be rented to
accommodate customer parking
| |
|
Industrial, wholesaling, manufacturing or their accessory uses
[Added 12-7-2021 by Ord. No. 333-2021] |
A minimum of 1.85 per 1,000 square feet of gross floor area
| |
|
Warehouse unit
[Added 12-7-2021 by Ord. No. 333-2021] |
A minimum of 1 per 1,000 square feet of gross floor area
|
[1]
Editor's Note: The former use for industrial, wholesaling
or warehousing, which immediately followed this entry, was repealed
12-7-2021 by Ord. No. 333-2021.
(2)
For any building or use not covered above or a use
or multiple use proposed for an existing building, the Zoning Officer
shall apply the standard off-street parking spaces in the above schedule
deemed to most closely approximate the proposed building or use. For
any building involving a single or multiple use, the off-street parking
standards listed above shall apply.
R.
All dead-end parking lots shall provide adequate areas
into which cars parked in the end stalls of the lots may maneuver.
[Added 4-12-2000 by Ord. No. 186-2000]
S.
Entrances to and exits from parking areas shall have
a minimum width of 12 feet for each lane of traffic entering or leaving
the areas.
[Added 4-12-2000 by Ord. No. 186-2000]
T.
No more than 12 parking spaces shall be permitted
in a continuous row without being interrupted by landscaping, unless
alternative landscaping arrangements are approved by the Township
Supervisors.
[Added 4-12-2000 by Ord. No. 186-2000]
U.
Entrances to and exits from common parking areas shall
be located a minimum of 50 feet from the point of intersection of
the nearest public street cartway lines and the point of intersection
of the nearest interior access drives.
[Added 4-12-2000 by Ord. No. 186-2000]
Refer to Sidewalk, Curb and Driveway Ordinance
No. 51-1980.[1]
A.
Entrances to private driveways serving one-family
and two-family dwellings shall be located at least 60 feet from the
point of intersection of the nearest street cartway edge and at least
10 feet from side property lines to the end of the driveway radius
at the cartway edge.
B.
Entrances to private driveways serving multiple family
dwelling shall be located at least 100 feet from the point of intersection
of the nearest street cartway edge and at least 10 feet from side
property lines to the end of the driveway radius at the cartway edges.
C.
Private driveways shall have such grades as to furnish
safe and convenient parking spaces and to provide a safe and convenient
means of access. Grades shall not exceed 15%, and driveways shall
be paved when the grade exceeds 8%.
D.
Entrances to private driveways serving multiple-family
dwellings shall be rounded at a minimum radius of 10 feet and constructed
in accordance with Township regulations.
E.
Private driveway entrances shall not intersect streets
at angles of less than 60° nor more than 120°.
F.
Driveways shall be so located as to provide reasonable
sight distance at intersections with streets, in accordance with the
latest PennDOT standards.
G.
Provision shall be made at all intersections of driveways
with streets to ensure adequate stormwater drainage.
H.
Any structure located within a clear sight triangle
shall be removed.
A.
No tractor trailer truck or trailer from a tractor
trailer truck shall be stored or parked for more than 12 hours within
RR, SR, UR, OR, AB or IR Zoning Districts unless it is stored within
a completely enclosed building.
[Amended 8-5-2008 by Ord. No. 245-2008]
B.
Tractor trailers shall not be parked on any premises
for the purpose of storage of materials.
[Added 4-12-2000 by Ord. No. 186-2000]
A.
All areas for off-street parking, off-street unloading
and loading and the storage or movement of motor vehicles shall be
physically separated from public streets or highways by a raised curb,
planting strip or other suitable barrier against unchanneled motor
vehicle entrance or exit, except for necessary accessways or access
roads which supply entrance to and egress from such parking, loading
or storage areas. Direct driveway access shall be restricted and every
effort should be directed toward obtaining driveway access via a parallel
access road or adjoining minor or collector streets.
B.
Each use with less than 100 feet of frontage on a
public street shall have not more than one accessway to each such
street.
C.
In no case shall a use with 100 feet or more of frontage
on a public street have more than two accessways to each such street.
No use with 100 feet or more frontage shall have more than two accessways
to any one street for each 300 feet of frontage.
D.
The width, excluding radii, of entrances to and exits
from parking areas, measured at the street line, shall conform to
the following schedule. Each lane provided shall be a minimum of 12
feet in width. The radius of the edge of the driveway apron shall
be at least 15 feet and no more than 35 feet, provided that along
state legislative routes, if these standards are in conflict with
Pennsylvania Department of Transportation requirements, driveways
shall be designed to conform as closely as possible to the requirements
of this chapter, while conforming to the requirements of the Pennsylvania
Department of Transportation.
|
Minimum Width
(feet)
|
Maximum Width
(feet)
| ||
|---|---|---|---|
|
One-way
|
12
|
24
| |
|
Two-way
|
24
|
36
|
E.
The location and width of exit and entrance driveways
shall be planned to interfere as little as possible with the flow
of vehicular traffic on adjacent streets. Access driveways shall not
be located in such a manner that they will cause a hazard to the movement
of normal highway traffic or cause areas of undue traffic congestion
on the highway. The center line of an access driveway to any public
street shall be located at least 100 feet from the intersection of
any street cartway lines, except in the case of a street intersecting
the road which the driveway intersects directly opposite from the
driveway.
Regulations for signs shall be as set forth in Article XVII.
A.
A home occupation is an occupation customarily conducted
within a single-family dwelling unit, clearly incidental and secondary
to the residential use. Home occupations include medical offices,
offices of professionals, as defined in this chapter, bed-and-breakfast
operations, fine arts studios, dressmaking, barbershops and beauty
shops and similar uses, but shall not include wholesaling, retailing,
storage or mail order activities in which goods are distributed on
the residential property, the dispensing of food or drink (except
a bed-and-breakfast operation), the repair, servicing, storage or
rental of motor vehicles, clinics and hospitals, tourist and boarding
homes, kennels and stables, machine and welding shops and funeral
homes. The definition of "home occupation" shall exclude any activity
which falls within the definition of a no-impact home-based business.
[Amended 6-17-2003 by Ord. No. 204-2003]
B.
Only a resident of the dwelling unit may practice
the home occupation.
C.
All of the goods available for retail sale on the
premises shall be produced upon the premises.
D.
No storage of materials or products related to the
home occupation shall be permitted outside buildings.
E.
No display of products related to the home occupation
shall be visible from adjoining properties or streets.
F.
There shall be no outside advertising other than permitted in Article XVII of this chapter (sign regulations).
G.
No more than two persons, whether paid or unpaid,
may be employed by the practitioner of a professional occupation to
provide secretarial, clerical or other assistance.
H.
No noise, odor, dust, vibration, electromagnetic interference,
smoke, heat or glare resulting from the home occupation shall be perceptible
at or beyond the lot boundaries.
I.
Not more than 25% of the total floor area of the dwelling
unit shall be used for the purposes of home occupation.
J.
Any need for parking generated by the home occupation
shall be met off street, on the lot which the home occupation is carried
out. In the case of dental, medical or paramedical offices, four street
parking spaces shall be provided for each practicing doctor, dentist
or paramedic. In addition, at least one off-street parking space shall
be provided for each employee.
K.
Home occupations shall be conducted within a single-family
dwelling with direct access to ground level.
L.
Not more than one home occupation may be practiced
in any one dwelling unit.
M.
There shall be no alterations made to the outside
of the dwelling in a manner inconsistent with the basic architecture
of the dwelling.
When an unimproved lot is situated between two
improved lots with front yard dimensions less than those required
for the zoning district in which the unimproved lot is located, the
front yard required for the unimproved lot may be reduced to depth
equal to the average of the two adjoining lots; provided, however,
that this provision shall only apply in such cases where the improved
lots in question are improved as of the time of the adoption of this
chapter and the improvements are located within 100 feet of the unimproved
lot. For the purpose of this section, an unimproved lot shall be the
same as a vacant lot and an improved lot shall be one on which a principal
building is erected.
A.
Except as noted elsewhere in this chapter, fences,
walls and hedges may be located within required yards. No fence, wall
or hedge shall be erected or planted within the right-of-way lines
of any street, nor shall they encroach upon any street right-of-way
line or clear sight triangle at any time.
C.
Any fence or wall, except a retaining wall, greater
than 10 feet in height shall be set back no less than five feet from
a lot line, unless otherwise required by this chapter.
D.
Fences or walls shall be constructed of wood, masonry,
metal or similar appropriate materials approved by the Zoning Officer,
be of uniform construction and be constructed in a workmanlike manner.
[Amended 12-2-2008 by Ord. No. 251-2008]
A.
On every corner lot, a yard equal in depth to the
front yard requirement of the zoning district in which the corner
lot is located shall be provided on each side of the lot which is
adjacent to a street or has street frontage.
B.
Corner lots shall meet the front yard setback requirements
of the zoning district in which the corner lot is located on all street
frontages. If a lot abuts three or more streets, the lot shall have
a front yard setback, adhering to the requirements of the zoning district
in which the lot is located, only on the two streets with the highest
roadway classification which the lot fronts. The zoning officer shall
designate one of the two streets having the highest roadway classification
as the front yard. If a determination cannot be made as to which street
has a higher roadway classification, the Zoning Officer shall designate
which yard shall be considered the front yard and which remaining
yard shall adhere to the front yard setbacks of the applicable zoning
district.
C.
Clear sight triangles shall be provided at all street
intersections. Within such triangles, nothing, except street signs,
traffic lights or traffic signs, utility poles and mailboxes, which
impedes vision between a height of 2 1/2 feet and 10 feet above
the center-line grades of the intersecting streets shall be erected,
placed, planted or allowed to grow. Such triangle shall be established
from a distance of 75 feet from the point of intersection of the center
line of the intersecting street, except that a clear sight triangle
of 150 feet shall be provided for all intersections with regional
and arterial highways.
The following projections shall be permitted
into required yards and shall not be considered in the determination
of yard size or lot coverage:
A.
Terraces, patios or open porches, provided that such
terraces, patios or open porches are not enclosed, are not closer
than 10 feet to any lot line (except a lot line which is the projection
of a common wall) and do not project into any required front yard.
B.
Open balconies or fire escapes and projecting architectural
features such as bay windows, cornices, eaves, roof overhang, chimneys
and windowsills, provided that all such features shall project no
more than five feet into any required yard and shall not be closer
than 10 feet to any lot line (except lot lines which are the projection
of party walls).
C.
Uncovered stairs and landings, provided that such
stairs or landings do not exceed three feet six inches in height,
do not project more than five feet into any required yard and are
not located closer than 10 feet to any lot line (except lot lines
which are the projection of party walls).
On any lot on which a principal building existed
at the effective date of this chapter, an accessory building to such
existing principal building which is constructed after the effective
date of this chapter does not have to be set back further from any
street right-of-way than that principal building.
[Amended 2-1-2000 by Ord. No. 184; 8-4-2015 by Ord. No. 298-2015]
The building height limitations contained within this chapter shall not apply to chimneys, spires, cupolas, antennas, silos (agricultural use only) and other similar appurtenances usually required to be placed above roof level, provided that they are not intended for human occupancy and provided that any such projection which exceeds the height limitations of the applicable zoning district shall not be greater in height above its base than the shortest distance from such base to any lot line. Refer to Article XVI pertaining to height limitations due to the Reading Airport. Wireless communications facilities are subject to the applicable requirements of this chapter.
Agricultural activities permitted to be conducted
within the Township by this chapter may be conducted, provided that
the agricultural activities are conducted in accordance with any and
all regulations of the Township and the state and are not conducted
in a manner which creates a definite danger to the health or safety
of neighboring uses.
The following controls shall apply in all areas
where the slope of the land at the site of earthmoving exceeds 20%.
For all lots where the slope of the land is less than 20%, a sediment
and erosion control plan shall be prepared and available at the site
during construction.
A.
Prior to the establishment of any building, structure
or use and before the issuance of a zoning permit, an erosion and
sediment control plan shall be approved by the Township.
B.
Prior to an alteration of the existing grade and before
the issuance of a zoning permit, a grading plan shall be approved
by the Township. The grading plan shall indicate existing and proposed
contours at intervals of no more than five feet in elevation.
C.
The applicant shall indicate the methods whereby any
structural and foundation problems caused by slope conditions will
be overcome. Such methods shall be approved by the Township prior
to the issuance of a zoning permit.
D.
No more than 15% of wooded areas on the lot existing
at the time a zoning permit is applied for shall be subsequently clear
cut.
A.
Except where listed as a permitted use, the stripping
and removal of topsoil from lots shall not be permitted. Topsoil may
be removed from areas of construction, grading, excavation and other
earthmoving activities, but shall be stored elsewhere on the lot and
stabilized to minimize erosion. Upon completion of the earthmoving
activities, the topsoil shall be redistributed on the lot.
B.
The removal of other natural resources shall be permitted
only when specifically permitted in a zoning district, except as follows:
[Amended 9-3-2008 by Ord. No. 247-2008]
A.
Reference to Floodplain District Boundary Ordinance and riparian buffer zones. Refer to the Floodplain District Boundary Ordinance, No. 172, adopted December 3, 1997 (Chapter 89, Floodplain Management). In addition, the following is applicable unless in conflict with the above-mentioned ordinance.
B.
Designation of area.
(1)
Areas subject to floodplain controls shall be those
areas indicated within the one-hundred-year-floodplain boundaries
and approximate one-hundred-year-floodplain boundaries on Flood Boundary
and Floodway Maps prepared for Bern Township by the Federal Emergency
Management Agency (FEMA).
(2)
Floodplain controls shall also apply to areas containing
alluvial soils, as shown on maps prepared by the Soil Conservation
Service, United States Department of Agriculture, included within
the Soil Survey of Berks County, Pennsylvania, along watercourses
for which one-hundred-year floodplains and approximate one-hundred-year-floodplains
have not been mapped.
C.
Controls.
(1)
Principal buildings shall not be located within
areas subject to floodplain controls.
(2)
(3)
Not more than 10% of the area subject to floodplain
controls within a lot shall be covered with impervious surfaces.
(4)
No encroachment shall be made on a floodplain
or watercourse which will increase flood levels during the occurrence
of the one-hundred-year flood discharge. With any proposal for an
encroachment, calculations which will indicate compliance with this
requirement shall be submitted to and approved by the Township.
(5)
No watercourse shall be altered or relocated
unless the person proposing the alteration or relocation submits calculations
approved by the Township and the Department of Environmental Protection
(where applicable) assuring that the flood-carrying capacity within
the altered or relocated portion of the watercourse shall be designed
to be not less than the flood-carrying capacity of the watercourse
prior to the proposed alteration or relocation. The cross-sectional
profile of a watercourse and floodplain area shall not be altered
unless approved by the appropriate state agencies when such approval
is required.
(6)
No outside storage of materials is permitted
within floodplain areas.
D.
The riparian buffer area (RBA).
(1)
Areas immediately adjacent to the Township's
perennial streams, intermittent streams and waterways as mapped on
U.S. Geological Survey 1:24,000 scale quadrangle maps are defined
as the riparian buffer area (RBA).
(2)
In the RBA, special requirements as set forth
in this section apply in order to maintain important natural functions.
These RBA requirements are based on both the heightened sensitivity
of the RBA Zone and the potential to negatively impact the stream
system when this RBA Zone is disturbed, as well as the potential of
this RBA Zone to mitigate to the maximum extent the negative effects
of development in areas adjacent to the stream system.
(3)
The RBA includes three subzones, Zones 1 through
3, extending landward from the top of the stream bank where different
requirements are imposed:
(a)
Zone 1, a minimum twenty-five-foot setback zone,
plus wetlands, measured from the top of the bank of the water body,
as reviewed and approved by the Township, where no disturbance of
vegetation and soil except for restoration and/or reforestation shall
occur, in order to shade the stream with natural vegetation, to provide
a source of numerous other organic inputs to the aquatic system, to
anchor the stream bank and floodplain area and to consume and otherwise
remove nitrogen, sediment and other substances which can adversely
affect stream systems. Where prohibitive slopes (25% +) are located
within 35 feet of a watercourse, Zone 1 shall extend the entire distance
of this sloped area.
(b)
Zone 2, a one-hundred-foot managed buffer zone,
extending outward from Zone 1 (for a total of 125 feet), where disturbance
of natural vegetative cover shall be limited to selective logging,
not to exceed 25%, and other activities which minimally disrupt existing
tree cover and soil mantle, in order to maximize filtering and overall
physical removal of particulate-form pollutants from runoff-generated
upgradient and to promote subsurface vegetative uptake of nitrogen
and other nonparticulate elements from stormwater-generated upgradient.
[1]
In cases where Zone 1 extends beyond 25 feet
due to the presence of prohibitive slopes, the width of Zone 2 shall
be adjusted so that the full riparian buffer equals a total width
of 125 feet.
[2]
Where the Zone 2 riparian buffer is not wooded,
it shall be maintained as a filter strip of dense grass and forbs
or other features to provide sediment filtering and nutrient uptake
and to convert concentrated flow to uniform, shallow, sheet flow.
When a subdivision or land development is proposed where there is
no established vegetated or wooded buffer (such as in areas previously
cultivated for agriculture), a one-hundred-twenty-five-foot riparian
buffer shall be established and maintained in accordance with the
following guidelines:
[a]
Forested and unforested vegetation
shall be established through natural succession. Selective planting
shall be incorporated on sites devoid of vegetation to stimulate native
species and discourage invasive species.
[b]
Plant selection and planting shall
be consistent with Berks County Conservation District, PADEP or USDA
riparian-forested buffer guidance.
(c)
Zone 3, a zone of varying width extending outward
from Zone 2. Zone 3 is defined in those cases where upslope areas
adjacent to the RBA are being disturbed during the land development
process and where direct discharge of stormwater would otherwise occur.
Zone 3 is intended to include level spreading or similar devices as
necessary to ensure that any direct discharge flows are properly distributed
as sheet flow and channelization and point-source discharges are avoided.
Zone 3 shall include a minimum twenty-five-foot setback from impervious
surfaces.
(4)
The RBA may be included in net density calculations with uses permitted in Chapter 184 Zoning, of the Code of the Township of Bern, unless this RBA is required to be subtracted out as the result of other applicable regulations of Chapter 89, Floodplain Management, such as regulation of the floodplain.
(5)
An RBA adjacent to high-quality waters and exceptional-value
waters designated under the Pennsylvania Department of Environmental
Protection, Chapter 93, Rules and Regulations, shall be subject to
the provisions of the Pennsylvania Department of Environmental Protection
Special Protection Waters Implementation Handbook and its amendments.
E.
Riparian buffer zone developmental restrictions. Riparian
buffer zones shall be restricted to the following uses:
(1)
Zone 1 (very restricted): flood control, utility
rights-of-way, and pervious footpaths.
(2)
Zone 2 (restricted): pervious, passive recreational
uses, natural stormwater BMPs, pervious bike paths, and tree removal
by permit.
(3)
Zone 3 (limited restrictions): residential uses,
including lawns, sheds (or similar structures) less than 150 square
feet, gardens, compost, yard wastes, and nonstructural stormwater
BMPs.
F.
Riparian buffers shall be preserved or restored with
native vegetation that can be maintained through the delineation,
plan review, construction, and occupancy stages of development.
Outdoor storage of any type shall not be permitted
unless such storage is a part of the normal operations conducted on
the premises, subject to requirements of the prevailing zoning district.
A.
Each mobile home shall be provided with a permanent
foundation that will not heave, shift, settle or move due to front
action, inadequate drainage, vibration or other forces acting on the
foundation. The foundation shall be of adequate size, material and
construction so as to be durable and adequate for the support of the
maximum anticipated loads during all seasons of the year. An open
space between a mobile home floor and a mobile home foundation shall
be permanently enclosed to prevent unauthorized entry and to conceal
supports and utility connections. Every mobile home shall be anchored
to the foundation to prevent overturning or uplift. The anchorage
shall be adequate to withstand wind forces and uplift as specified
for buildings and structures in Article 11 of the BOCA National Building
Code/1999, or as amended. The application for placement of the mobile
home shall be accompanied by specifications for the foundation and
anchoring and calculations indicating that the foundation and anchoring
are adequate to meet the standards of this section.
[Amended 4-12-2000 by Ord. No. 186-2000]
B.
The application for placement of the mobile home shall
be accompanied by specifications for the foundation and anchoring
and calculations indicating that the foundation and anchoring are
adequate to meet the standards of this section.
A.
Content of environmental assessment statements. The
purpose of the assessment is to determine the impact of the project
on the existing site and the resultant changes the proposal will have
on the immediate site and surrounding area. In the preparation of
this document, only factual information, not subjective qualitative
statements, shall be presented.
(1)
Description of the proposal. Describe the proposed
or recommended actions, its purposes, where it is to be located, when
it is proposed to take place and its interrelationship with other
projects or proposals, including information and technical data sufficient
to permit assessment of environmental impact by reviewing agencies.
(2)
Description of the environment. Include a comprehensive
description of the existing environment without the proposal and the
probable future environment with the proposal. This description should
focus both on the environmental details most likely to be affected
by the proposal and on the broader regional aspects of the environment,
including ecological interrelationships. Particular attention should
be given to the potential effects of past or present use of the site
as a repository of toxic or hazardous wastes.
(3)
The environmental impact of the proposed action. Describe
the environmental impacts of the proposed action. These impacts are
defined as direct or indirect changes in the existing environment,
both beneficial or detrimental. Whenever possible, these impacts should
be quantified. This discussion should include the impact not only
upon the natural environment but upon land as well. Provide separate
discussion for such potential impacts as man-caused accidents and
natural catastrophes and their probabilities and risks. Specific mention
should also be made of unknown or partially understood impacts.
(4)
Mitigating measures included in the proposed action.
Include a discussion of measures which are proposed to be taken or
which are required to be taken to enhance, protect or mitigate impacts
upon the environment, including any associated research or monitoring.
The beneficial and adverse effects of the alternatives should be discussed,
along with the reasons for rejection. Where appropriate, consideration
should be given to alternate construction methods which may avoid
environmental degradation.
[Amended 7-21-1992 by Ord. No. 123; 4-12-2000 by Ord. No.
186-2000]
The following procedure shall be followed by
all applicants for subdivision and land development approval:
A.
Phase 1. The applicant shall prepare an Existing Conditions
Map of the parcel which shall identify and calculate the areas composed
of the following resources:
(1)
Natural resources:
(a)
Floodplains (one-hundred-year);
(b)
Wetlands;
(c)
Watercourses, including lakes, ponds and streams;
(d)
Areas of steep slope, including areas of very
steep slopes (25% and over) and areas of steep slopes (between 15%
and 25%);
(e)
Woodlands;
(f)
Wetland margins (the areas within 100 feet of
a wetland).
B.
Phase II.
(1)
The applicant shall calculate the "Protected Area"
of the parcel, which shall be determined as follows:
|
Natural and Man-Made Feature
|
Open Space Percentage
|
Acres of Land in Resource
|
Resource Protected Land (Acres
in Resource x Open Space Percentage)
| |||
|---|---|---|---|---|---|---|
|
Floodplain
|
100%
|
x
|
________
|
=
|
_______
| |
|
Wetlands
|
100%
|
x
|
________
|
=
|
_______
| |
|
Watercourses
|
100%
|
x
|
________
|
=
|
_______
| |
|
Very steep slope (25% and over)
|
100%
|
x
|
________
|
=
|
_______
| |
|
Woodland
|
70%
|
x
|
________
|
=
|
_______
| |
|
Woodland (if overlapping another protected
feature)
|
90%
|
x
|
________
|
=
|
_______
| |
|
Steep slope (15-24%)
|
80%
|
x
|
________
|
=
|
_______
| |
|
Wetlands margin
|
80%
|
x
|
________
|
=
|
_______
| |
|
Total Protected Area
|
________
| |||||
(2)
Individual acreage results shall be totaled to result
in the "Protected Area." The Protected Area shall be deducted from
the total site area. The resulting figure shall be the "Developable
Area." Calculations of permissible density or intensity of development
shall be based on this figure.
(3)
In the event that two or more resources overlap, the
resource with the greatest protection standard (the largest Open Space
Percentage) shall apply.
(4)
Protected areas shall not be developed unless specifically
permitted by this chapter or other Township ordinance.
[Amended 8-5-2008 by Ord. No. 245-2008]
Off-street parking (outside of street rights-of-way)
shall be provided for all nonmotorized trailers of a recreational
nature transporting boats, campers, etc., except for a temporary period
of time not to exceed 12 hours.
[Added 7-21-1992 by Ord. No. 123]
A safety screen shall be provided on all sides
of hazardous or dangerous areas as determined by the Township Supervisors.
Such areas may include but not be limited to railroad tracks, mines
or quarries. Other areas deemed by the Township Supervisors as hazardous
or dangerous may be required to be isolated by a fifty-foot buffer
strip upon which no building may be located.
[Added 2-1-2000 by Ord.
No. 184; amended 8-4-2015 by Ord. No. 298-2015]
A.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Standard of design and 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, the Uniform Construction Code (UCC), National Electric Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Structure design certification from a Pennsylvania registered
professional engineer is required, and the tower capacity shall be
indicated. Detailed construction and elevation drawings, indicating
antenna locations and mounting design, shall be submitted by the applicant.
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)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard design 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).
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed a maximum total height of 150
feet, which height shall include all subsequent additions or alterations.
All tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure.
(4)
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.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(6)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(7)
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 Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or that has been designated by the Township as being of historic significance.
(8)
Identification. All tower-based WCFs shall post 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.
(9)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law and as may be approved by the Township.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(10)
Appearance. Towers shall be galvanized and/or painted with rust-preventive
paint of an appropriate color to harmonize with the surroundings.
(11)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, when such noise standards may be exceeded
on a temporary basis only.
(12)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety. Applications
for tower-based WCFs shall be submitted to the Reading Regional Airport
Authority for comments. The WCF applicant shall furnish a statement
from the FCC, FAA and Commonwealth Bureau of Aviation that the tower-based
WCF complies with applicable regulations or is exempt from these regulations.
(13)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this chapter. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(14)
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 one-hundred-fifty-day
review period.
(15)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
(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 and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs.
B.
Tower-based facilities outside the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
outside the rights-of-way:
(1)
Development regulations.
(a)
Prohibited in residential zones. No tower-based WCF shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. The distance from the base of a proposed tower-based WCF to the nearest point on any lot line, lease line and license line shall not be less than the full height of the tower structure. No more than one tower-based WCF shall be placed on any one lot, or leased or licensed parcel, nor within 1,000 feet of another tower-based WCF. Tower-based WCFs are permitted only in such districts as specified in §§ 184-56, 184-106, 184-116 and 184-125.
(b)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators 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.
(c)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district. A subdivision
plan shall be required for any lot or lease parcel created for occupancy
by a tower-based WCF and telecommunications equipment building. A
land development plan shall be required prior to construction of any
tower-based WCF and telecommunications equipment building.
(d)
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 industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[2]
Minimum lot area. The minimum lot area shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based WCF and accompanying
equipment building shall comply with the requirements for the applicable
zoning district, provided that no tower-based WCF shall be located
within 500 feet of a lot in residential use or a residential district
boundary.
(2)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(3)
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 two-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)
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
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character 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.
(5)
Surrounding environs.
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF 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.
(6)
Fence/screen.
(a)
A security fence having a maximum height of eight feet shall
completely surround any tower-based WCF or any building housing WCF
equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and
approval by the Township Planning Commission for all proposed screening.
(7)
Accessory equipment.
(a)
Ground-mounted equipment associated with, or connected with,
a tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Township Engineer, then 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.
(c)
The telecommunications equipment building shall comply with
the required yards and height requirements of the applicable zoning
district for a principal structure. No building may be used as an
office or as a broadcast studio. Employees are permitted to visit
the site as often as necessary for maintenance and inspection of the
building and facility. No building or WCF may be used for long-term
vehicle storage or for other outdoor storage.
(8)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(9)
Access road. A paved access road, of at least 10 feet in width,
in an easement of at least 20 feet in width, turnaround space and
a minimum of one off-street parking space shall be provided to ensure
adequate emergency and service access to tower-based WCF. Maximum
use of existing roads, whether public or private, shall be made to
the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility.
(10)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside 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 the
bond with the Township.
(11)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(12)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
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)
Prohibited in residential zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential district boundary. No more than one tower-based WCF shall be placed in front of any one lot, or leased or licensed parcel, nor within 1,000 feet of another tower-based WCF. Tower-based WCFs are only permitted in such districts as specified in §§ 184-56, 184-106, 184-116 and 184-125.
(2)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators 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)
Notice. Upon receipt of an application for a tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the property or parcel of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(4)
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.
(5)
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.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 510 et seq.
(6)
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 for 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 undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(7)
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
Township.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township and shall not increase the overall
height of the tower-based WCF to more than 150 feet. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character 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.
(8)
Visual or land use impact. The Township reserves the right to
deny the construction or placement of any tower-based WCF in the ROW
based upon visual and/or land use impact.
(9)
Additional antennas. As a condition of approval for all tower-based
WCFs in the ROW, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
(10)
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 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.
(11)
Compensation for ROW use. In addition to permit fees as described in § 184-177.1A(17) above, 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 Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
(12)
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.
D.
General requirements for all nontower wireless communications facilities.
(1)
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:
(a)
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. Applicants proposing installations on existing buildings
or towers shall submit evidence of agreements and/or easements necessary
to provide access to the existing building or tower so that installation
and maintenance of the equipment can be accomplished.
(b)
Upon receipt of an application for any nontower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(c)
Standard of design and 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 Electric Safety Code, and National Electrical Code.
Design certification from a Pennsylvania registered professional engineer
is required to attest that the existing structure can adequately support
the proposed equipment installation. Detailed construction and elevation
drawings indicating antenna locations and mounting design shall be
submitted by the applicant. 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.
(d)
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).
(e)
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.
(f)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety. Applications
for nontower WCFs shall be submitted to the Reading Regional Airport
Authority for comments. The WCF applicant shall furnish a statement
from the FCC, FAA and Commonwealth Bureau of Aviation that the nontower
WCF complies with applicable regulations or is exempt from these regulations.
(g)
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, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(h)
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:
[1]
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.
[2]
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.
(i)
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.
(j)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a nontower WCF or $1,000,
whichever is less.
(2)
The following regulations shall apply to all nontower wireless
communications facilities that substantially change the wireless support
structure to which they are attached:
(a)
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.
(b)
Upon receipt of an application for any nontower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(c)
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 Electric 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.
(d)
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).
(e)
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.
(f)
Historic buildings. Nontower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places or the official historic structures and/or
historic districts lists maintained by the Township, or that has been
designated by the Township as being of historic significance.
(g)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety. Applications
for nontower WCFs shall be submitted to the Reading Regional Airport
Authority for comments. The WCF applicant shall furnish a statement
from the FCC, FAA and Commonwealth Bureau of Aviation that the nontower
WCF complies with applicable regulations or is exempt from these regulations.
(h)
Maintenance. The following maintenance requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(i)
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, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(j)
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:
[1]
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.
[2]
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.
(k)
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.
(l)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(m)
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.
(n)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
E.
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)
Such WCF does not exceed a maximum height of 150 feet.
(b)
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.
(c)
An eight-foot-high security fence shall surround any separate
communications equipment building. Vehicular access to the communications
equipment building shall not interfere with the parking or vehicular
circulations on the site for the principal use.
(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 WCF applicant
shall be subject to the approval of the Township.
(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 WCF applicant obtains a conditional use permit.
(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
that is reasonably necessary for their proper functioning.
(e)
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.
(3)
Removal; replacement; modification.
(a)
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 number of antennas.
(b)
Any material modification to a wireless telecommunications facility
shall require a prior amendment to the original permit or authorization.
(4)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
(5)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time upon reasonable notice
to the operator to ensure such compliance.
F.
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 Township
Board 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.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 510 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 undergrounded, 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 10 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.
(7)
Visual or land use impact. The Township retains the right to
deny an application for the construction or placement of a nontower
WCF based upon visual and/or land use impact.
G.
Violations applicable to all wireless facilities.
(1)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a magisterial district judge, to
a penalty not exceeding $500 for each and every offense, together
with attorneys fees and costs. A separate and distinct violation shall
be deemed to be committed each day on which a violation occurs or
continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the Township may apply to a Federal District Court for an injunction
or other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this chapter.
(2)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefor. Except in the case of an emergency, the person shall
have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided that the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
(3)
Police powers. The Township, by granting any permit or taking
any other action pursuant to this section, does not waive, reduce,
lessen or impair the lawful police powers vested in the Township under
applicable federal, state and local laws and regulations.
[Added 2-1-2000 by Ord. No. 184]
Regulations for communications towers and communications
equipment buildings shall be as follows:
A.
The distance from the base of the proposed tower to
the nearest point on any lot line, lease line and license line shall
not be less than the full height of the tower.
B.
No more than one tower shall be placed on any one
lot or leased or licensed parcel.
C.
No tower shall be placed closer than 1,000 feet to
another tower.
D.
Accessory facilities are permitted on the same lot
as a tower, subject to the following conditions:
(1)
A single accessory facility containing equipment
and control devices for the continuing operation of a tower may be
located on the lot.
(2)
No building or facility may be used as an office
or as a broadcast studio. No building or facility may be used for
long-term vehicle storage or for other outdoor storage.
(3)
No on-site employees shall be permitted to utilize
any accessory facility as an office. Employees are permitted to visit
the site as often as necessary for maintenance and inspection of the
tower and its accessory uses.
(4)
Accessory facilities may be lighted for security
or for maintenance purposes. Any such lighting shall be shielded and
no lights shall be emitted upward or spill over onto adjacent properties.
Upward lighting will be permitted only on a temporary basis as may
be required for emergency tower maintenance or repair.
E.
The applicant shall demonstrate that it is licensed
by the Federal Communications Commission to operate a communications
tower, if applicable, and communications antennas. The applicant shall
demonstrate that the proposed communications tower and communications
antennas proposed to be mounted thereon comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
F.
Communications towers shall comply with all applicable
Federal Aviation Administration, Commonwealth Bureau of Aviation and
applicable Airport Zoning Regulations.
G.
Access shall be provided to the communications tower
and communications equipment building by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet
with a dust-free, all-weather surface for its entire length. A paved
surface shall be provided where the grade exceeds 8%.
H.
A communications tower may be located on a lot occupied
by other principal structures and may occupy a leased or licensed
parcel within a lot meeting the minimum lot size requirements for
the zoning district.
I.
A subdivision plan shall be required for any lot or
lease parcel created for occupancy by a communications tower and communications
equipment building. A land development plan shall be required prior
to construction of any communications tower and communications equipment
building.
J.
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to perform its function, provided that the maximum height of any communications
tower shall be 150 feet.
K.
The base of a communications tower shall be landscaped
so as to screen the foundation and base and communications equipment
building from abutting properties unless such screening is accomplished
by existing vegetation which will remain.
L.
The communications equipment building shall comply
with the required yards and height requirements of the applicable
zoning district for a principal structure.
M.
The site of a communications tower shall be secured
by a fence with a minimum height of eight feet to limit accessibility
by the general public.
N.
No signs or lights shall be mounted on a communications
tower, except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction. Only the minimum lighting necessary to meet governmental
requirements shall be permitted.
O.
The applicant shall submit certification from a Pennsylvania
registered professional engineer that a proposed communications tower
will be designed and constructed in accordance with the current structural
standards for steel antenna towers and antenna supporting structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Township's
Building Code. Towers shall be engineered to accommodate additional
new users. The capacity of the tower shall be indicated.
P.
The applicant shall submit a copy of its current Federal
Communications Commission license; the name, address and emergency
telephone number for the operator of the communications tower; and
a Certificate of Insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the communications tower and communications antennas.
Q.
Communications towers shall be protected and maintained
in accordance with the requirements of the Township's Building Code.
R.
If a communications tower remains unused for a period
of 12 consecutive months, the owner or operator shall dismantle and
remove the communications tower within six months of notice to do
so by the Township. Further, the owner or operator of the facility
shall post security in a form acceptable to the Township in a sufficient
amount to cover the facility removal and site cleanup prior to the
issuance of any permits to construct or use said facility. The security
shall be utilized by the Township in the event that the owner or operator
of the facility fails to remove the facility within six months of
the aforesaid notice by the Township to remove the facility.
S.
A minimum of one off-street parking space shall be
provided within the fenced area.
T.
Any applicant proposing construction of a new communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the communications antennas on an existing
building, structure or communications tower. A good faith effort shall
require that all owners of potentially suitable buildings within a
one-fourth-mile radius of the proposed communications tower site and
owners of communications towers within a one-mile radius of the proposed
communications tower site be contacted. (In the case of a proposed
tower less than 60 feet in height, the radius may be reduced to 1/2
mile. The applicant shall demonstrate that one or more of the following
reasons for not selecting such existing building, structure or tower
apply:
(1)
The proposed antennas and related equipment
would exceed the structural capacity of the existing building or tower
and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing building or tower and the interference cannot be
prevented at a reasonable cost.
(3)
Such existing buildings or towers do not have
adequate location, space, access or height to accommodate the proposed
equipment or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related
equipment would result in electromagnetic radiation from such building
or tower exceeding applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
radiation.
(5)
A commercially reasonable agreement could not
be reached with the owners of such buildings or towers.
U.
Towers shall be monopole or lattice construction.
Guyed towers shall not be permitted.
V.
Communications antennas shall not cause radio frequency
interference with other communications facilities or radio dependent
devices located in the Township.
W.
Existing on-site vegetation shall be preserved to
the maximum extent possible. Towers shall be painted to blend in with
their surroundings (such as trees and sky) to the maximum extent possible.
X.
The applicant shall demonstrate that the requested
location is necessary to satisfy its function in the company's system.
Y.
The application for the tower shall be submitted to
the Reading Regional Airport Authority for comments. The applicant
shall furnish a statement from the FCC, FAA and Commonwealth Bureau
of Aviation that the tower complies with applicable regulations or
is exempt from these regulations.
Z.
The Township of Bern is entitled to any fees, such
as but not limited to host fees, allowed under applicable law. Such
fees shall be set forth by resolution from time to time.
[Added 4-12-2000 by Ord. No. 186-2000]
A.
Applicability.
(1)
An Historic Resource Impact Study, or any applicable
portion thereof, shall be required when any of the following are proposed:
(a)
Subdivision or land development plans which
will lead to the new construction of buildings, structures, roads,
driveways, parking areas or other site improvements located within
100 feet of any portion of an historic resource identified and/or
inventoried by Township, county, state or federal agencies.
(b)
Subdivision or land development plans which
propose adaptive reuse or demolition of an historic resource.
(2)
The Historic Resource Impact Statement shall
be prepared by a qualified professional in historic preservation,
historical architecture, planning or related disciplines hired by
the applicant. Qualifications of the professional shall be submitted
to the Township.
B.
Contents. The study shall contain the following information:
(1)
Background information.
(a)
If not otherwise provided by the applicant,
a general site description, including topography, watercourses, vegetation,
landscaping, existing drives and other site features.
(b)
General description of all historic resources
located on the subject tract, on tracts immediately adjacent to the
subject tract or within 100 feet of the subject tract.
(d)
Statement of the significance of each historic
resource, both relative to the Township and region in general.
(e)
Sufficient number of photographs to show every historic resource identified in Subsection B(1)(b) above in its setting.
(f)
Narrative description of the historical development
of the subject tract.
C.
Proposed change.
(1)
General description of project, including timetable
or phases.
(2)
Description of impact on each historic resource identified in Subsection B(1)(b) above, with regard to architectural integrity, historic setting and future use.
(3)
General description of effect and noise, traffic,
blasting and other demolition or excavation activities and any other
impacts generated by the proposed change on each historic resource.
D.
Mitigation measures. A plan for mitigating the project's
impact on historic resources, including design alternatives, buffering,
landscaping and any other appropriate measures permitted under the
terms of this chapter and other Township ordinances shall be submitted
for review and approval by the Township Zoning Officer after consultation
with the Board of Supervisors and/or the historic consultant of their
choice.
[Added 4-12-2000 by Ord. No. 186-2000]
No building or structure shall be demolished
by neglect. Demolition by neglect includes leaving a building or structure
open or vulnerable to vandalism or decay by the elements. Demolition
by neglect will be considered to be the readily observable deterioration
of a building or structure due to lack of routine maintenance where
the property owner cannot prove that the demolition by neglect has
occurred as a result of lack of financial ability to provide maintenance.
Unoccupied structures should be tightly sealed and/or secured by fencing.
