The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplementary
regulations.
[Amended 1-27-2016 by Ord. No. 224]
Essential services, as defined in this chapter, shall be permitted in all zoning districts, subject to
restrictions otherwise set forth in this chapter with respect to use,
design, yard area, setback and height.
Individual mobile homes, not a part of a mobile home park, that
are installed where permitted on private land as single-family residential
dwellings shall comply with all regulations for conventional dwelling
houses with respect to size, setback and side lines of the district
in which it will be sited, and shall meet the following additional
requirements:
A. The mobile home shall be installed to conform with all front yard,
side yard and rear yard setback lines applicable to housing in the
district.
B. The mobile home shall be installed upon, and securely fastened to,
a frost-free foundation, basement or footer.
C. An enclosure of compatible design and material shall be erected around
the entire base of any mobile home not mounted on an enclosed foundation
or basement. Such enclosures shall provide sufficient ventilation
to inhibit decay and deterioration of the structure.
D. The mobile home shall be connected to both public water and sewer
systems, if available. If not, the owner shall provide a potable water
supply and shall provide a septic system which meets all standards
of the Pennsylvania Department of Environmental Protection.
E. Any garage, utility shed, or other accessory building constructed
on the tract shall conform with the standards applicable to such structures
for the applicable zoning district. All accessory structures shall
be designed and constructed of materials that are aesthetically compatible
with the principal unit.
F. Any single on-lot mobile home shall meet the specifications for manufacture
of mobile homes as set forth in United States Standards Institute,
Standards for Mobile Homes, USA Standard A 119.1-1969, FPA No.501B-1968,
and any subsequent modification or amendment of such standards. Applicable
state standards shall also be met. No room or floor area addition
shall be made to the primary mobile home unit except for factory-designed
and -produced extension units and patios, porches or carport that
are aesthetically compatible with the unit.
[Amended 1-27-2016 by Ord. No. 224]
Floodplain zoning regulations. All development within flood-prone areas of Fallowfield Township shall conform to applicable requirements of this chapter of the Code of the Township of Fallowfield and to applicable requirements of the Fallowfield Township Floodplain Management Ordinance in Chapter
209, Floodplain Management, of the Code.
Transient vendors, when authorized under applicable state and
Township regulations and by affected property owners, may be permitted
to sell products subject to the following:
A. Activities shall be restricted to B-1 and I-1 Districts.
B. Temporary structures, signs and vehicles used for the sales activity
shall be situated a minimum distance of 20 feet from the highway cartway.
Said structures, signs and vehicles shall be removed during periods
when sales operations are not in progress.
C. Minimum clear sight lines of 500 feet along the highway approaches
to the sale site shall be maintained from both directions.
D. Off-street parking shall be available at a minimum distance of 20
feet from the highway cartway.
E. A minimum of five off-street parking spaces shall be provided.
F. Signs relating to the sale of products shall be limited to a total
of four. Individual signs shall not exceed 10 square feet in area.
G. Signs shall not be placed within 20 feet of the highway cartway and
shall be within 500 feet of the sales site.
[Added 12-30-1996 by Ord. No. 143; amended 1-27-2016 by Ord. No. 222]
As stated in §
400-6, Definitions, above, the "wireless communications facility (WCF)" is the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communication services.
A. Definitions. Terms used in this section shall have the following
meanings:
CAMOUFLAGING METHODS
Concealing techniques applied to wireless communications
towers, antennas and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flagpoles and light poles.
CO-LOCATION
The placement or installation of new non-tower-based wireless
communications facilities on previously approved and constructed wireless
support structures, such as monopoles, utility poles, or light poles.
The term includes the placement, replacement, or modification of accessory/related
equipment within a previously approved equipment compound.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
EMERGENCY
A condition that:
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and results in loss of the services provided.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory/related equipment
is stored.
MODIFICATION
The improvements, upgrade, or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facility located within an existing equipment
compound if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
MONOPOLE
A WCF or site that consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connecting appurtenances.
REPLACEMENT
The replacement of wireless communications facilities on
an existing wireless support structure or within an existing equipment
compound due to maintenance, repair, or technological advancement
with equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight, and height as the wireless
communications facility initially installed and that does not substantially
change the physical dimensions of the existing support structure.
SUBSTANTIALLY CHANGE
(1)
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
(2)
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
B. General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities, which shall require conditional
use approval by the Township:
(1) Standard of care. The WCF applicant shall present documentation that
the tower-based WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including,
but not limited to, the most recent editions of the American National
Standards Institute (ANSI) Code, National Electric Safety Code, National
Electric Code, as well as the accepted and responsible workmanlike
industry practices of the National Association of Tower Erectors.
Any tower-based WCF shall at all times be kept and maintained in good
condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(2) Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA 222-E Code, as amended).
(3) 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.
(4) 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 only visited 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 that the
best available technology for preventing any failures and accidents.
(5) Radio frequency emissions. No tower-based WCF may, by itself or in
conjunction with other WCF's, 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.
(6) Historic buildings or districts. No tower-based WCF may be located
on a building, structure, or site 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 have been designated by the Township as being of historic
significance.
(7) 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.
(8) 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.
(9) Appearance. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
(10)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of the applicable noise standards
under Pennsylvania law and Township regulations, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(11)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(12)
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 within 500 linear feet of the property or parcel of the proposed
facility.
(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. As conditional
use approval is required, the governing body shall render a decision
within 45 days after the last hearing before the governing body. All
other applications, including land development, for tower-based WCFs
shall be acted upon within 90 days of the receipt of a fully completed
application for the approval of such tower-based WCFs, 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 ninety-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 section.
(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 Township may issue a violations
notice or proceed with enforcement remedies.
(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 conditional use application for approval
of a tower-based WCF, as well as related inspection, monitoring and
related costs.
(18)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF shall, at its own cost and expense, obtain a bond from a surety
licensed to do business in Pennsylvania and maintain said 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 section. The bond shall provide that the Township
may recover from the principal and surety any and all damages incurred
by the Township for violations of this section, after reasonable notice
and opportunity to cure has been provided. The owner shall file a
copy of the bond with the Township.
C. 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)
Conditional use in all zoning districts. Applicants seeking
to construct a tower-based WCF must first apply to the Township to
determine if a suitable site is available on Township-owned and/or
controlled land or structures, irrespective of zoning district. If
the facility is not to be located on Township-owned and/or controlled
facilities, said use must be approved by the Township.
(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)
Height. Any tower-based WCF outside of the rights-of-way 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.
(d)
Sole use on a lot. A tower-based WCF can be 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.
(e)
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 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 not be located in the minimum front, rear, or side
yard setbacks for the applicable zoning district. Further, no tower-based
WCF shall be located within 200 feet of any occupied building.
[4]
Vehicular access to the tower-based WCF shall not interfere
with parking or circulation on the site.
(2) 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.
(3) Design regulations.
(a)
The WCF shall employ the most-current camouflaging methods available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the camouflaging
methods chosen by the WCF applicant shall be subject to the approval
of the Township.
(b)
Where the proposed site abuts a residential zoning district,
tower-based WCFs shall be permitted only where they are disguised
by attaching them to an existing tall structure where the proposed
tower-based WCF does not increase the height of the existing structure
or by disguising the tower-based WCF so it resembles a tree, a silo,
or a church steeple so that it will fit in with the residential character
of the community.
(c)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township.
(d)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(4) 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/EIA 222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(5) Fence/screen.
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
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 for all proposed screening.
(6) Accessory equipment.
(a)
Ground-mounted equipment associated with, or connected to, 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 camouflaging methods,
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.
(7) 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.
(8) Access road/lease area. An access road, turnaround space and parking
shall be provided to ensure adequate emergency and service access
to tower-based WCFs. 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 and/or signed a lease agreement
for the proposed facility.
(9) Site plan required. In order to determine that the requirements of
the conditional use and this section are met, the applicant shall
present a site plan showing, at a minimum, the following items:
(a)
Locations of all existing uses and proposed WCFs.
(b)
Elevations and drawings of any existing uses and proposed tower-based
WCFs, showing proposed width, depth, height, architectural style and
structural data for any towers, antenna, etc., proposed.
(c)
Site boundary, lease area boundary, zoning data, setbacks/yards,
and adjacent uses.
(d)
Vehicular access, fencing, landscaping, utility and/or access
easements.
(10)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this section and any
other provisions found within the Township's regulations, Pennsylvania
or federal law. The Township and/or its agents shall have the authority
to enter the property upon which a WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
D. Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
(1) Conditional use, but is prohibited in rights-of-way of neighborhood
collectors and residential access streets and in the Township's
residential zoning districts (R-1 and R-2 Districts). No tower-based
WCF shall be located within the rights-of-way or future rights-of-way
of any neighborhood collector or residential access street as designated
by the Township, nor will any tower-based WCF be located within a
residential zone or within 500 feet of a lot in residential use or
a residential boundary.
(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) Height. Any tower-based WCF in rights-of-way shall be designed at
the minimum functional height and shall not exceed a maximum total
height of 35 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) 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 in the ROW 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.
(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
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(7) Design regulations.
(a)
The WCF shall employ the most-current camouflaging methods available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the camouflaging
methods chosen by the WCF applicant shall be subject to the approval
of the Township.
(b)
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) 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.
(9) 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;
or
(d)
An emergency as determined by the Township.
(10)
Compensation for ROW use. In addition to any permit fees, every
tower-based WCF in the ROW is subject to the Township's right
to fix annually a fair and reasonable compensation to be paid for
use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection
with the activities described above. The annual ROW management fee
for tower-based WCFs shall be determined by the Township and authorized
by resolution of the Township Board of Supervisors and shall be based
on the Township's actual ROW management costs as applied to such
tower-based WCFs.
E. General requirements for all non-tower wireless communications facilities.
(1) If the application for a non-tower wireless communications facility WCF is a co-location, modification, or a replacement AND meets all of the criteria listed below in Subsection
E(1)(a) through
(e), then the requirements contained in Subsection
E(2) below will be applicable. Should the application not be considered a co-location, modification, or replacement or if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection
E(3) below.
(a)
The proposed co-location, modification, or replacement of a
non-tower WCF does not substantially change the physical dimensions
of the wireless support structure to which the non-tower WCFs are
attached.
(b)
The proposed co-location, modification, or replacement of a
non-tower WCF does not further increase the height of a wireless support
structure which had already been extended by more than 10% of it originally
approved height or by the height of one additional antenna array.
(c)
The proposed co-location, modification, or replacement does
not increase the dimensions of the equipment compound previously approved
by the Township.
(d)
The proposed co-location, modification, or replacement complies
with the applicable conditions of approval applied to the initial
tower-based WCF, equipment compound, and wireless support structure.
(e)
The proposed co-location, modification, or replacement does
not exceed the applicable wind loading and structural loading requirements
for the wireless support structure.
(2) The following regulations shall apply to all non-tower wireless communications facilities that are considered a co-location, modification, or replacement and that meet ALL of the criteria outlined in Subsection
E(1) above:
(a)
Permitted as a conditional use in all zoning districts subject
to regulations. Non-tower WCFs are permitted in all zoning districts,
subject to the restrictions and conditions prescribed below and subject
to the prior written approval of the Township.
(b)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any non-tower WCF shall at all
times be kept and maintained in good condition, order and repair by
qualified maintenance and construction personnel, so that the same
shall not endanger the life of any person or any property in the Township.
(c)
Wind. Any non-tower 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 (ANSI EIA/TIA-222-E Code, as amended). A copy of the structural
analysis, signed and sealed by a registered engineer in the Commonwealth
of Pennsylvania, shall be submitted to the Township as a portion of
the original application.
(d)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(e)
Aviation safety. Non-tower WCFs shall comply with all federal
and Pennsylvania laws and regulations concerning aviation safety.
(f)
Radio frequency emissions. No non-tower 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.
(g)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall
be removed as follows:
[1]
All abandoned or unused non-tower 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 non-tower 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 Township may issue a violations
notice and/or proceed with enforcement remedies.
(h)
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. As conditional
use approval is required, the governing body shall render a decision
within 45 days after the last hearing before the governing body. All
other applications, including land development, for tower-based WCFs
shall be acted upon within 90 days of the receipt of a fully completed
application for the approval of such tower-based WCFs, 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 ninety-day review period.
(i)
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 or $1,000, whichever is less.
(3) The following regulations shall apply to all non-tower wireless communications facilities that are not considered co-locations, modifications, or replacements OR do not meet all the requirements of the criteria listed in Subsection
E(1):
(a)
Permitted as a conditional use in all zoning districts subject
to regulations. Non-tower WCFs are permitted in all zoning districts,
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 non-tower WCF, the Township
shall mail notice thereof to the owner or owners of every property
within 500 linear feet of the parcel or property of the proposed facility.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any non-tower 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 non-tower 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 (ANSI EIN/TIA-222-E Code, as amended).
(e)
Public safety communications. No non-tower 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. Non-tower 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 District List maintained by the Township or has been designated
by the Township as being of historic significance.
(g)
Aviation safety. Non-tower WCFs shall comply with all federal
and Pennsylvania laws and regulations concerning aviation safety.
(h)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(i)
Radio frequency emissions. No non-tower 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 non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall
be removed as follows:
[1]
All abandoned or unused non-tower 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 non-tower 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 Township may issue a violations
notice and/or proceed with enforcement remedies.
(k)
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. As conditional
use approval is required, the governing body shall render a decision
within 45 days after the last hearing before the governing body. All
other applications, including land development, for tower-based WCFs
shall be acted upon within 90 days of the receipt of a fully completed
application for the approval of such tower-based WCFs, 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 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 non-tower WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the non-tower 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
non-tower WCF shall, at its own cost and expense, obtain a bond from
a surety licensed to do business in Pennsylvania and maintain said
bond, or other form of security acceptable to the Township Solicitor,
in an amount of $5,000 for each individual non-tower WCF, to assure
the faithful performance of the terms and conditions of this section.
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 section, 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.
F. Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that do not meet the criteria in Subsection
E(1):
(1) Development regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or previously approved wireless
support structures, subject to the following conditions:
(a)
Such non-tower WCF does not exceed a maximum height of 150 feet,
inclusive of its support structure.
(b)
If the non-tower 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)
A six-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)
Non-tower WCFs shall employ camouflaging methods and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the camouflaging methods chosen by the non-tower
WCF applicant shall be subject to the approval of the Township.
(b)
Non-tower 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 non-tower WCF applicant obtains an additional
permit.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(3) Removal, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the non-tower
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the non-tower WCF or the number of antennas.
(b)
Any substantial modification to a wireless telecommunication
facility shall require a prior amendment to the original permit or
authorization.
(4) Inspection. The Township reserves the right to inspect any non-tower
WCF to ensure compliance with the provisions of this section and any
other provisions found within the Township's regulations or Pennsylvania
or federal law. The Township and/or its agents shall have the authority
to enter the property upon which a non-tower WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
G. Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in Subsection
E(1):
(1) Co-location. Non-tower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
(2) Design requirements:
(a)
Non-tower WCF installations located above the surface grade
in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall be compatible in scale and proportion
to the structures upon which they are mounted. Non-tower WCFs in the
ROW may not exceed a height of six feet above the structure upon which
they are mounted, unless the applicant receives an additional permit.
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. Non-tower WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
(3) Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the 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 placed underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
(4) Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(5) 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 non-tower WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any non-tower 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)
The vacating of a street or road or the release of a utility
easement; or
(d)
An emergency as determined by the Township.
(6) Compensation for ROW use. In addition to permit fees as described
above, every non-tower 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 non-tower 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 non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
[Added 1-27-2016 by Ord.
No. 223]
A. Compressor station.
(1) In the A-1, B-1, I-1 and I-2 Districts as a conditional use.
(2) The minimum site area of 10 acres shall apply to compressor stations
in any zoning district they are provided for as a conditional use.
(3) To minimize impacts of ongoing compressor station noise on surrounding
land uses, a compressor station shall not be located any closer than
2,500 feet to another existing or proposed compressor station independent
of who owns/operates the adjacent compressor station. If noise-controlling
structures or technologies reduce on-site noise levels, said distance
may not be applicable to said proposed compressor station as reviewed
by the Township Planning Commission and approved by the Board of Supervisors.
(4) All principal buildings and accessory structures shall be set back
at least 1,500 feet from any protected structure including a minimum
of 100 feet from any property line. For each 100 horsepower over 2,000
horsepower proposed as part of the total engine power on site, the
setback shall be increased by 100 feet. To ensure health, safety and
welfare of Township residents and businesses, the Township reserves
the right to increase the minimum necessary setback distance from
a property line based upon existing and/or proposed site conditions
and/or in context of surrounding land use activity. These apply to
electric-, gas- or petroleum-powered compressors.
(5) Compressors shall be located within a completely enclosed building.
During periods of normal operations, doors, windows and similar operations
shall remain closed.
(6) The building or noise abatement enclosure surrounding the engines
and compressors shall be soundproofed as necessary to meet the maximum
allowable noise levels permissible as specified by the Township's
ordinances, state and federal law or/and regulations.
(7) All property lines shall be screened by buffer areas for the distance
necessary to screen buildings, structures, parking areas, storage
areas and equipment.
(8) The operator must provide a plan for the transmission of gas, water,
oil or other substances to and from the station. The operator shall
identify the location of, but not limited to, gathering lines, compressors,
and other mid and downstream facilities located within the Township
and extending 800 feet beyond the Township boundary. The operator
shall provide the Township with all state and federal permits that
have been acquired, and bonding agreements, and proof of ability to
operate such lines.
(9) The operator shall provide all material safety data sheets (MSDSs)
for all materials produced, stored or distributed on site to the Township
Emergency Management Coordinator a minimum of 30 days prior to their
use.
(10)
The operators shall provide a site orientation for Township's
emergency first responders regarding operations, equipment and chemicals
present at the facility.
(11)
The operator shall provide a prioritized call list with names,
addresses, and phone numbers for twenty-four-hour emergency contact.
(12)
Heavy truck traveling to and from the compressor station shall
be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing
time. Emergency vehicles and field maintenance vehicles are exempted
from this limitation.
(13)
Tracking of mud, dirt and debris onto Township streets shall
not occur. In the event of such occurrence, measures shall be taken
to clean any mud, dirt and debris from Township streets immediately
upon notification.
(14)
The operator shall demonstrate continued compliance with all
applicable local, state and federal permits and regulations.
(15)
No person shall place, deposit, discharge or cause to be placed,
deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon
substance or any refuse including wastewater or brine from any natural
gas processing or treatment facility or the contents of any contained
used in connection with any natural gas processing facility into,
or upon any public right-of-way, alley, street, lot, storm drain,
ditch or sewer, sanitary drain, lake, pond, creek or similar body
of water or any private property without permits from the appropriate
regulatory agencies.
(16)
The site shall be secured by a minimum eight-foot-high chain-link
fence with a locking gate that shall be kept locked when employees
are not on the premises.
(17)
The applicant/site developer shall maintain a current list of
all subcontractors working on the site and each subcontractor's
contact information. Said list shall be provided to the Township on
at least a monthly basis.
(18)
All equipment and facilities shall comply with applicable performance
standards of the Township, and, if the equipment and facilities exceed
the limits established by the Township, the Township may require acoustical
blankets, sound walls, mufflers or other alternative methods to ensure
compliance with the standards.
(19)
Lighting on the site shall be directed downwards and shielded
so as to avoid glare on public roads and adjacent properties. Lighting
shall not exceed 0.2 footcandle when measured 10 feet from any property
line. To the extent permitted by safety considerations, exterior lighting
shall be turned off between dusk and dawn, except during maintenance
activities on the site.
(20)
Compressor stations shall have an adequate area improved with
a dust-free all-weather surface which shall be provided on the site
for parking maintenance vehicles during routine visits.
(21)
The Township reserves the right to impose the requirement of
a risk assessment report related to the facility's safety and/or
any and all reasonable safeguards or conditions necessary to implement
the intent of this chapter and shall review the particular facts and
circumstance of each proposed conditional use application in terms
of the applicable use standards.
(22)
The operator shall take any and all appropriate measures and
efforts to control and to curtail dust emanating from the site.
(23)
A waiver form from a property owner(s) may be signed relieving
the operator from implementation of the measures established in this
section of the chapter or other applicable provisions of Fallowfield
Township. In the waiver, the owner must acknowledge that the operator
is explicitly relieved from complying with the regulations applicable
to this section. The waiver form must be notarized and provided to
the Township.
B. Natural gas processing and/or treatment facility.
(1) In the A-1, I-1, and I-2 Districts as a conditional use.
(2) The minimum lot area of 10 acres shall apply to natural gas processing
and/or treatment facilities.
(3) All principal buildings and accessory structures shall be set back
at least 1,500 feet from a protected structure including a minimum
of 100 feet from any property line. To ensure health, safety and welfare
of Township residents and businesses, the Township reserves the right
to increase the minimum necessary setback distance from a property
line based upon existing and/or proposed site conditions and/or in
the context of surrounding land use activity.
(4) All property lines adjoining property in all zoning districts except
A-1, I-1 and I-2 shall be screened by a buffer area for the distance
necessary to screen buildings, structures, parking areas, storage
areas and equipment.
(5) The operator must provide a plan for the transmission of gas, water,
oil, or other substances to and from the station. The operator shall
identify the location of, but not limited to, gathering lines, compressors,
and other mid and downstream facilities located within the Township
and extending 800 feet beyond the Township boundary. The operator
shall provide the Township with all state and federal permits that
have been acquired, and bonding agreements, and proof of ability to
operate such lines.
(6) The operator shall provide all material safety data sheets (MSDSs)
for all materials produced, stored or distributed on site to the Township
Fire Department and to the Township Emergency Coordinator a minimum
of 30 days prior to their use.
(7) The operator shall provide a site orientation for the Township's
emergency first responders regarding operations, equipment, and chemicals
present at the facility.
(8) The operator shall provide the name, address and phone number for
twenty-four-hour emergency contact.
(9) All waste disposal and storage of gases or by-products shall be in
accordance with the rules and regulations of the Pennsylvania Department
of Environmental Protection (PA DEP) and any other applicable federal,
state or local agency.
(10)
The site shall be secured by a minimum eight-foot-high chain-link
fence with a locking gate that shall be kept locked when employees
are not on the premises.
(11)
The operator shall demonstrate continued compliance with all
applicable local, state and federal permits and regulations.
(12)
Heavy truck traffic traveling to and from the processing facility
shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m.,
prevailing time. Emergency vehicles and field maintenance vehicles
are exempted from this limitation.
(13)
All equipment and facilities shall comply with the standards
of the Township Code.
(14)
Lighting on the site shall be directed downwards and shielded
so as to avoid glare on public roads and adjacent properties. Lighting
shall not exceed 0.2 footcandle when measured 10 feet from any property
line. To the extent permitted by safety considerations, exterior lighting
shall be turned off between dusk and dawn, except during maintenance
activities on the site.
(15)
The applicant/site developer shall maintain a current list of
all subcontractors working on the site and each subcontractor's
contact information. Said list shall be provided to the Township on
at least a monthly basis.
(16)
Site activities must abide by the Township's regulations
in terms of maximum sound level.
(17)
Natural gas processing and/or treatment facilities shall be
subject to the design and parking requirements in this chapter.
(18)
The Township reserves the right to impose a risk assessment
report related to the facility's safety and/or any and all reasonable
safeguards or conditions necessary to implement the intent of this
chapter and shall review the particular facts and circumstances of
each proposed conditional use application in terms of the applicable
use standards.
(19)
The operator shall take any and all appropriate measures and
efforts to control and to curtail dust emanating from the site.
(20)
A waiver form from a property owner(s) may be signed relieving
the operator from implementation of the measures established in this
section of the chapter or other applicable provisions of Fallowfield
Township. In the waiver, the owner must acknowledge that the operator
is explicitly relieved from complying with the regulations applicable
to this section. The waiver form must be notarized and provided to
the Township.
C. Water impoundments. All freshwater and wastewater impoundments must
be constructed, maintained in accordance with the DEP regulations
and any state or federal laws.
D. Oil and gas drilling sites, pads and related activities.
(1) All activities conducted in association with, and as a part of, oil
and gas wells shall be in accordance with the laws of the Commonwealth
of Pennsylvania existing, and, as amended, any applicable federal
laws, and in compliance with all applicable Township ordinances.
(2) The proposed oil and gas well(s) shall be located a minimum of 500
feet for a horizontal oil and gas well and 300 feet for a vertical
oil and gas well from a protected structure. To ensure health, safety
and welfare of Township residents and businesses, the Township reserves
the right to increase the minimum necessary setback distance from
a property line based upon existing and/or proposed site conditions
and/or in context of surrounding land use activity. An oil and gas
well is a conditional use that may only be constructed within the
following zoning districts: A-1, R-1, R-2, B-1, 1-1, and 1-2 Districts.
(3) The oil gas drill sites shall only be permitted to occur on property
in all zoning configurations and with a minimum of 10 contiguous acres
or larger. Multiple property owners can combine adjoining parcels
to achieve the minimum to 10 acres required.
(4) A conditional use application shall be accompanied with written permission
from the property owner(s) who have a legal or equitable title in
and to the surface of the drill site.
(5) Lighting on the site shall be directed downwards and shielded so
as to avoid glare on public roads and adjacent properties. Lighting
shall not exceed 0.2 footcandle when measured 10 feet from any property
line. The property line in this case is referenced not only as on
the ground itself, but when projected vertically at 90°. This
light must be contained internally upon the applicant's site
and not come within 10 feet in any direction of this threshold.
(6) The applicant shall have obtained from the commonwealth, Township,
federal regulatory agencies or authorities all permits required to
be issued in accordance with applicable laws and regulations for the
proposed use and the specific number of proposed wells to be drilled
at the applicant's site, and said permits shall be provided to
the Township prior to any activity taking place. Any suspension or
revocation of permits by PA DEP shall be reported to the Township
and shall constitute a violation of Township zoning approval and may
result in the suspension or revocation of zoning approval.
(7) The applicant shall provide the Township with a plan for the transportation
of materials and substances (e.g., gas, water, oil) and equipment
to construct and operate the proposed pad and facility. When using
Township roads, the applicant shall obtain the necessary permits and
sign a heavy hauling agreement, and, where applicable, an excess maintenance
agreement and provide any bonds required by the Township. Access directly
to state roads shall require Pennsylvania Department of Transportation
(PennDOT) highway occupancy permit approval. Prior to initiating any
work at a drill site, the Township shall be provided a copy of the
highway occupancy permit.
(8) The Township reserves the right to designate required truck hauling
routes throughout the Township. Use of Township roads for hauling
equipment (e.g., water, etc.) shall not be permitted when roads are
being used to transport students to and from school. The operators
shall coordinate their efforts with the local school district and
any private schools.
(9) The applicant shall provide screening for any material that is to
be stored outside of an enclosed structure in the event that any of
the materials are readily visible from adjoining occupied residential
properties.
(10)
The applicant shall provide and will continue to update a state-approved
Preparedness, Prevention and Contingency Plan applicable to well leakage,
spill containment, vandalism, creating unknown conditions, defective
casing or cementing, potential communications between the well and
public water supply and any other relevant area required to be addressed
by said plan.
(11)
All driveways or entrances accessing the drill site shall be
paved with an impervious material from the paved public street for
a distance of 50 feet into the drill site. The impervious material
shall be in place prior to the commencement of the drilling operation.
(12)
Prior to well spud, the applicant shall meet with the Township
safety control individuals, including, but not specifically limited
to the Fire Chief, State Police, Code Inspector, Township Engineer
and County Emergency Management appointee to discuss or provide information
regarding any proposed emergency responses to the Preparedness, Prevention
and Contingency Plan. All associated materials shall be distributed
to meeting attendees and the Township's municipal administrative
office no less than one week prior to said meeting.
(13)
The applicant shall supply proof of any bonds posted or being
held by the Pennsylvania Department of Environmental Protection (DEP)
to ensure proper plugging when the well is classified as inactive
by the DEP.
(14)
The applicant shall provide a schedule to the Township identifying
dates for site preparation, anticipated drilling activity, anticipated
completion, and anticipated stimulation or fracturing work to begin.
The Township recognizes that said dates may be dependent upon variables
such as the weather, availability of equipment, leasing permitting
production and the like. However, such scheduling shall be updated
and provided to the Township on a periodic basis (generally weekly)
as requested by the Township.
(15)
The applicant, from the start of construction operations to
the completion of operations, shall provide twenty-four-hour security,
seven days a week at the access road. Further, if required by the
Township safety and security personnel, the applicant will address
all means necessary to protect its site and wellhead in a reasonable
manner satisfactory to the Township.
(16)
The operator must provide a plan for the transmission of gas,
water, oil, or other substances to and from the well site. The operator
shall identify the location of, but not limited to, gathering lines,
compressors, and other mid and downstream facilities located within
the Township and extending 800 feet beyond the Township boundary.
The operator shall provide the Township with all state and federal
permits that have been acquired, and any bonding agreements, and proof
of ability to operate such lines. The operator shall provide the name
and address of the owners, operators, and those in charge of maintenance
and provide the information of the contact person for each.
(17)
The proposed access road to the well site shall be an improved,
dust-free, all-weather surface constructed and maintained in such
a manner that no water, sediment, or debris will be carried onto any
public street. The applicant shall implement measures necessary (e.g.,
vacuum truck, wheel washers and the like) to ensure that no water,
sediment, dust or debris is carried onto any public street. If, through
time, originally installed surfacing and/or implemented measures result
in water, sediment, or debris being carried onto any public street,
said surfacing and measures shall be reevaluated and reconstructed
with paving at lengths appropriate to achieve Township-stated results.
(18)
The applicant shall provide off-site parking area for transportation
of materials and substances (e.g., gas, water, oil) and equipment
to wait or be positioned while gaining entrance to the access road,
and such parking shall be adequate so that it does not disrupt the
normal flow of traffic on Township roadways.
(19)
The public street entrance on which a drill site is located
shall at all times be kept free of mud, debris, trash or other waste
materials. This shall apply to all applicants' activities, including
their contractors and subcontractors, with regard to the compressor
station; natural gas processing and/or treatment facilities; and,
oil and gas drilling sites, pads, and other related activities.
(20)
There shall be no activities associated with the proposed use
that will emit electrical disturbances adversely affecting the operation
of radios or any equipment not located at the subject property.
(21)
The applicant shall comply with and meet all sound level regulations
for both Township and state while operating at the compressor station;
natural gas processing and/or treatment facilities; and, oil and gas
drilling sites, pads, and other related activities.
(22)
There are to be no activities associated with the proposed use
that will result in malodorous gas or matter discernible at any point
on or beyond any line(s) of disturbance that have occurred on the
site.
(23)
The applicant/site developer shall maintain a current list of
all subcontractors working on the site and each subcontractor's
contact information. Said list shall be provided to the Township on
at least a monthly basis.
(24)
There is to be no visible smoke emission, except testing or
emergency flares as regulated by DEP. The applicant shall comply with
all applicable DEP and Environmental Protection Agency (EPA) air quality
regulations.
(25)
All earthmoving activities and stormwater management on the
subject property shall be subject to the terms and conditions of a
DEP-approved erosion and sedimentation control plan and all related
applicable permits. A copy of said plan and permit are to be provided
to the Township for review prior to such work is to begin and shall
be on file at the construction site.
(26)
Within the terms and conditions of this chapter and any other
applicable ordinances of Fallowfield Township, federal laws and commonwealth
laws, rules and regulations and statutes, the requested conditional
use shall not be adverse to the public health, safety and welfare
of Township residents and will comply with all ordinances, rules,
regulations and statutes as noted above.
(27)
Unless otherwise identified by the Township heavy hauling agreement,
the applicant shall, prior to any construction or activity, improve
the street/road on which the development exists with such improvements,
including, but not necessarily limited to, widening in certain areas,
upgrading base and topcoat construction and resurfacing. Said improvements
and maintenance shall continue throughout the course of activity taking
place on the site. The proposed improvements shall be provided to
the Township for review and approval, prior to such activity taking
place. Said improvements, construction and resurfacing shall begin
and be completed before paid construction commences.
(28)
All drilling operations shall be conducted in such a manner
to minimize dust, vibration or noxious odors and shall be in accordance
with the best accepted practices. All equipment used shall be constructed
and operated so that vibrations, dust, odor or other harmful effects
are minimized by the operations carried on at the drill site to avoid
adverse impact to persons living in the vicinity.
(29)
If the applicant receives a complaint or question from an affected
resident concerning water qualities or quantities, the applicant shall
address such complaint. In all cases, the Township must receive notification.
(30)
With regard to the operation or maintenance of the compressor
station; natural gas processing and/or treatment facilities; and oil
and gas drilling sites, and any transmission or transportation lines,
the applicant shall provide the Township with contact information
which will identify representatives of the applicant to be contacted
24 hours a day, seven days a week to address any issue, complaint
and/or emergency.
(31)
If a reasonable complaint is registered with the Township, the
applicant will address said complaint within 24 hours of notification
to it and take whatever reasonable means necessary to alleviate and
to cure said complaint should it be found to be with merit.
(32)
Fallowfield Township reserves the right to impose any other
additional conditions necessary to protect the public health, safety
and welfare of its residents in order to address any unique characteristics
of a particular drilling site.
(33)
All applicants for compressor station; natural gas processing and/or treatment facilities; and/or natural oil and gas drilling sites, pads, and other related activities shall reimburse Fallowfield Township in addition to the fees enumerated in Subsection
F, all professional consultant fees, advertising, and costs of public hearings incurred by the Township related to application for activities authorized by this section. Additionally, all applicants shall reimburse the Township for consulting fees and costs incurred in enforcing this section upon a finding of violation by a judicial decision.
(34)
The applicant shall provide flagmen, traffic control devices,
etc., along the route to maintain the safe flow of traffic along said
Township route.
(35)
The applicant acknowledges that if it fails to meet and maintain
any condition as set forth by the Township or determined to be reasonable
by any court of competent jurisdiction, then the conditional use permit
may be revoked and all activity on said property ceased.
(36)
The applicant acknowledges and indicates that all contractors
and subcontractors are retained according to Total Recordable Injury
Rate (TRIR) Standards and contracts only with those individuals or
contractors who have favorable TRIR.
(37)
The applicant acknowledges that if complaints regarding sound
are received and that its activities exceed sound decibel levels greater
than defined by any Township ordinance at receptor sites, the applicant
shall take steps necessary to install sound muffling measures including
sound walls, blankets, baffles, etc., to alleviate the noise.
(38)
The applicant, contractor and subcontractors shall inform their
operators that jake-brake usage on trucks is prohibited. These applicants
shall place signs along the access routes advising drivers of this
restriction.
(39)
The applicant shall maintain at the property and file with the
Township, a current list and Material Safety Data Sheet (MSDS) for
all chemicals used in the drilling and fracturing operation.
(40)
The Township shall not in any matter assume any liability for
any actions or nonactions committed by the applicant, its representatives,
contractors or subcontractors at the proposed site subject to the
conditional use.
(41)
The applicant shall comply with all Township ordinances related
to construction activity, and activity for the construction of the
proposed well pad or access road shall take place only during the
hours of between 7:00 a.m. to 7:00 p.m. Monday through Saturday.
(42)
Truck idling on the site shall not exceed five minutes.
(43)
Sound-impact assessment or testing shall be provided to the
Township as part of the conditional use application.
(44)
The operator shall take any and all appropriate measures and
efforts to control and to curtail dust emanating from the site.
(45)
A waiver form from a property owner(s) may be signed relieving
the operator from implementation of the measures established in this
section of the chapter or other applicable provisions of Fallowfield
Township. In the waiver, the owner must acknowledge that the operator
is explicitly relieved from complying with the regulations applicable
to this section. The waiver form must be notarized and provided to
the Township.
E. Noise limits.
(1) As part of oil- and gas-related activities, an applicant shall establish
a continuous seventy-two-hour ambient baseline noise level at the
nearest protected structure, property line or 100 feet from the nearest
protected structure (as measured from the closest exterior point of
the building), whichever is closer to the protected structure. The
baseline shall be established over a seventy-two-hour period with
at least one twenty-four hour reading on a Saturday or Sunday. In
lieu of establishing the seventy-two-hour ambient baseline noise level,
the applicant may assume for the purposes of compliance with this
condition a default ambient baseline noise level of 55 dBA.
(2) The noise generated from operations measured at the locations described
above shall not exceed the seventy-two-hour ambient baseline noise
level as part of operations by more than 10 decibels.
(3) Operations are permitted to generate noise in addition to the 10
decibels above the seventy-two-hour ambient baseline during the hours
of 7:00 a.m. to 9:00 p.m. according to the following:
|
Increase
(dBA)
|
Duration of Increase
(cumulative minutes in one hour)
|
---|
|
5
|
15
|
|
10
|
5
|
|
15
|
3
|
|
20
|
1
|
(4) If a complaint is received by the Township regarding the noise generated by the operations, the applicant shall, within 24 hours of receipt of the complaint as relayed by the Township, have a certified independent acoustical professional approved by the Township continuously monitor for a forty-eight-hour period at the applicable point of measurement as established in Subsection
E(1) above. If the noise levels set herein were exceeded, the Township may require acoustical blankets, sound walls, mufflers, or other alternative measures to be provided and installed by the applicant to ensure compliance.
F. Fees.
(1) All applications submitted by an applicant for a permit for compressor
station; natural gas processing and/or treatment facilities; and/or,
natural oil and gas drilling sites, pads, and other related activities
authorized by this section shall be made on the application form provided
by Fallowfield Township and shall submit an application fee in the
amount of $1,500, which fee shall be applied to the costs.
(2) This fee will cover any administrative Township costs, but will not
cover costs the Township has to expend to attempt to enforce provisions
of this chapter or to hire independent individuals and/or firms to
determine continued compliance with the terms of this chapter.
(3) The Board of Supervisors may, at any time by way of resolution, amend
this chapter to set and/or change fees, including application fees.
[Added 1-27-2016 by Ord.
No. 224]
A. No structure or uses shall be permitted in the bufferyard, other
than stormwater management facilities, provided the structures or
uses do not interfere with the required plantings in the bufferyard
and provided all plantings are located outside any stormwater management
structure. Structures or uses not permitted within the required bufferyard
include, but are not limited to, buildings, accessory structures,
parking spaces and lighting devices.
B. Openings for driveways and Township required access drives shall
be permitted to cross a required bufferyard. Plantings in the bufferyard
shall be located so as to not obstruct vision for traffic entering
and exiting the site.
C. In the event that existing vegetation and/or existing topography
provides screening which is adequate to meet the intent of the required
bufferyard to screen the buildings, activities and parking areas from
adjoining residential properties, the Township Engineer, upon recommendation
by the Planning Commission may determine that existing topography
and/or vegetation constitutes all or part of the required bufferyard.
If such a determination is made and the size of the bufferyard warrants
it, the applicant may be required to record a conservation easement
of the depth specified by the Board of Supervisors to guarantee that
the existing topography and/or vegetation will not be disturbed or
removed from the approved bufferyard.
D. None of the plantings in the required bufferyard shall encroach across
any property line. All plantings shall be located a minimum of 2 1/2
feet from the property line which constitutes the exterior boundary
of the bufferyard.
E. Bufferyard "A."
(1) Purpose. Bufferyard "A" is designed to provide for adequate screening
between uses and districts exhibiting the greatest potential conflict
in terms of density and intensity.
(2) Depth of bufferyard: 40 feet.
(3) Base planting standards. Plantings in groupings or planted evenly
along the perimeter shall be installed at a rate of one high-level
planting for every 50 feet or one ornamental tree for every 30 feet.
(4) In addition to the base planting standards, plantings and screening
shall be furnished through one or a combination of the following to
provide a solid visual screening:
(a)
A planted mound of at least three feet in height from the elevation
of the adjoining property with a row of low-level plantings sufficient
to provide screening to a level of six feet.
(b)
Two staggered rows of evergreen trees of at least six feet in
height at planting which, at planting, provide continuous both screening
and are spaced in a manner which best ensures long-term survival.
Up to 50% of such trees may be substituted for trees required under
the base planting standards.
(c)
An opaque fence of six feet in height located on the side of
the landscaping buffer facing the principal structure(s) on the interior
of the site or where multiple rows of plantings are utilized, at a
location where an equal number of plantings are dispersed on each
side of the fence. The fence shall be constructed of vinyl, brick,
masonry with finished surfaces, or similar maintenance-free material;
it may be located on the side of the buffering directly facing the
property line. The colors of fence materials shall be consistent or
in harmony with the housing and fence materials of the block on which
the lot is located. The fence shall be set back at least four feet
from the abutting property line.
F. Bufferyard "B."
(1) Purpose. Bufferyard "B" is intended to provide for the visual screening
between uses which possess inherent contrasts in types and functions
of similar use, namely between forms of residential and lower impact
forms of commercial development.
(2) Minimum depth of bufferyard: 20 feet.
(3) Bufferyard "B" shall contain a minimum of one row of plantings consisting
of a mixture of high-level and ornamental trees which include sufficient
evergreen trees of a proportion and species sufficient to ensure the
60% of the row will provide a solid visual screening within three
years of planting, with the remaining portions screened to a height
of six feet through a combination of mounding, decorative fencing
as per the standards of Bufferyard "A" and/or low-level plantings.
G. Bufferyard "C."
(1) Purpose. Bufferyard "C" is designed to provide visual screening between
varied uses in mixed use and transitional neighborhoods and between
varied uses that possess minimal, yet potential, conflicts with respect
to the density and intensity of use.
(2) Depth of bufferyard: 10 feet.
(3) Bufferyard "C" shall be comprised of a continuous, compact evergreen
hedge combined with decorative fencing as specified under Bufferyard
"A" or mounding in a manner that provides six feet in height of screening;
or a line of high-level plantings as evergreen trees that will grow
together when mature.
H. Where 20 or more parking spaces face the bufferyard, in addition
to the required trees, a row of low-level evergreen shrubs or hedges
shall be planted, or earthen mounding shall be constructed in the
bufferyard which shall provide a year-round visual screen capable
of acting as a barrier to light beams emanating from the headlights
of passenger cars. These low-level shrubs or hedges or mounds shall
be installed so that a person facing a passenger car with the shrubs
or hedges or mounds between him/her and the car could observe the
car's low-beam lights only as a result of the diffused or reflected
light from the headlights and not because the direct beam from those
lights was observable. The earthen mound shall be a minimum of three
feet in height at its center point with a minimum width at the base
of 10 feet. Low-level shrubs or hedges shall be a minimum of three
feet at the time of planting.
I. Where landscaping is required by and installed in accordance with plans approved under Chapter
350, Subdivision and Land Development, of the Code of the Township of Fallowfield, said landscaping shall be maintained in accordance with the approved landscaping plan.
[Added 1-27-2016 by Ord.
No. 224]
A. A bufferyard shall be required as identified in the following table
and shall be installed along the property line of the use specified
in the column in accordance with the bufferyard type, if any, that
is specified by the row headings which represent the use of the adjacent
lot. The categories of Institutional, Intensive Residential, Intensive
Industrial/Institutional, and Retail shall be determined by finding
the particular use and corresponding category in the Use Authorization
Table as set forth in this chapter.
|
Single-Family Detached or Vacant R or A-1 District
Lot
|
Institutional
|
Intensive Residential
|
Office and Industrial
|
Retail/ Service
|
PRD/ Cluster Option
|
Mobile Home Park
|
---|
Single-family detached or vacant R or A-1 District
lot
|
|
|
|
|
|
|
|
Institutional
|
B
|
A
|
B
|
|
|
B
|
B
|
Intensive residential
|
B
|
|
B
|
|
|
B
|
B
|
Intensive industrial
|
A
|
A
|
A
|
B
|
B
|
A
|
A
|
Office and industrial
|
A
|
B
|
B
|
|
|
A
|
A
|
Retail/service
|
A
|
B
|
B
|
|
|
A
|
A
|
PRD/cluster option
|
B
|
|
B
|
|
|
C
|
C
|
Mobile home park
|
B
|
|
|
|
|
B
|
C
|
B. Conflict between bufferyard and yard requirements. When the width
of a required bufferyard is in conflict with the minimum yard requirements
of this chapter, the greater distance shall apply. The bufferyard
planting requirement shall be adhered to regardless of what the yard
requirement is.
C. Existing trees in required bufferyards. Any existing trees within
the required bufferyard which are a minimum of two inches in diameter
at breast height (dbh) shall be preserved and shall count as a required
tree within the bufferyard; provided, however, diseased or dead material
may be removed. At no point, however, shall any existing trees and
required trees be separated at a distance greater than the distance
specified in the required bufferyard for the planted material.
D. Responsibility for maintenance. It shall be the continuing responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Failure to replace such landscaping shall be a violation of this chapter and shall be subject to the enforcement provisions of Article
XVII of this chapter.
E. Stormwater management facilities in buffer areas. When required by
the Township Stormwater Management Regulations, stormwater management facilities and structures may be
located within a bufferyard; however, the existence of such facilities
or structures shall not be a basis for a failure to meet the planting
requirements in the bufferyard.
F. Landscaping of open areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses shall be seeded, sodded or
landscaped within a reasonable period of time. The phrase "a reasonable
period of time" shall be interpreted to be within 30 days after construction
activities are completed, unless those activities are completed between
November 1 and April 1. In such case, the required sodding or seeding
must occur within 30 days of April 1.
G. Landscaping specifications. Landscaping shall be provided in accordance
with the following specifications:
(1) Planting required in bufferyards other than this section cannot be
substituted for any required planting mandated by this section.
(2) Where bufferyards are required and in land developments where additional
landscaping is required, a landscaping plan, with detailed drawings,
shall be submitted with the application for approval of the land development,
and this landscaping plan shall contain and show the following information:
(a)
All required bufferyards with proposed plantings (identifying
each proposed tree, bush or shrub by type and size) drawn to scale
and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any bufferyard requirements
(identifying each tree, bush, shrub by type and size, the use of sod
or seeding, etc.) drawn to scale.
(c)
Any planting in excess of the requirements in this section.
(d)
Any existing trees or vegetation which are to be preserved,
accurately identifying type, size and their relative location.
(e)
Any existing trees or vegetation which will be removed, accurately
identifying their type, size and relative location.
(3) For nonresidential developments which have a building or buildings
with a gross floor area of 10,000 square feet or more and/or which
have parking areas containing more than 50 spaces, a landscaping plan
shall be required which is in compliance with this section, subject
to approval by the Township.
(4) For residential land developments containing multifamily dwellings
or duplex dwellings, at least one deciduous tree shall be planted
for each four multifamily dwelling units or portion thereof.
(5) All trees which are required to be planted as per the regulations
of this section shall be a minimum of two inches in diameter at breast
height (dbh) at the time of planting measured along the trunk of the
planted tree which tree shall be planted in accordance with accepted
conservation practices.
(6) In all zoning districts, all areas not utilized for buildings, structures,
screening, parking facilities, driveways or other paved areas shall
be graded to conform to existing contours on adjacent properties and
to contain stormwater runoff on the lot. These areas shall be seeded,
sodded or landscaped within one year following the completion of grading
and/or construction activities. Continued maintenance of soil erosion
and sedimentation control techniques as approved by the Township Engineer
shall be required until such planting can be accomplished.
H. Posting of financial security for landscaping.
(1) The landowner and/or developer shall provide the Township with performance security, as required by Chapter
350, Subdivision and Land Development, during development of the site to guarantee proper installation of the required landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscaping plan.
(2) The landowner and/or developer shall provide the Township with maintenance
security to guarantee the maintenance and survival of the landscaping
and bufferyard materials installed on the subject property in accordance
with this chapter and the Township-approved landscape plan. This maintenance
security shall be in the amount of 15% of the total cost of the landscaping
and bufferyard materials shown on the Township-approved landscape
plan for a period of 18 months from initial planting and certification
by the Township Engineer and/or Township landscape consultant.
(3) All such performance security and maintenance security shall comply with the requirements and the release of the performance security, and maintenance security shall be handled consistent with the requirements of Chapter
350, Subdivision and Land Development.
[Added 1-27-2016 by Ord.
No. 224]
A. Amateur radio service communications antennas and support structures
shall be permitted, subject to the following standards:
(1) The height of any such antenna or structure shall not exceed 65 feet
above ground level.
(2) Antenna or antenna structures shall be at least 30 feet from the
rear of the principal structure on the lot and may not be located
in the front yard area.
(3) Associated supports or guy wires shall be no closer than five feet
to any property line.
(4) The construction of all such antennas and antenna structures must
conform to the Pennsylvania Uniform Construction Code.
(5) An applicant for an amateur radio service communications antenna
or antenna structure must provide a copy of the applicant's insurance
certificate showing general liability coverage in a minimum amount
of $100,000 prior to the issuance of the permit.
B. Car washes.
(1) Stacking lanes with a minimum capacity for up to five vehicles shall
be provided for vehicles waiting to use automatic car wash facilities
and two vehicles per bay for self-service car washes. For the purpose
of this requirement, the size of a vehicle shall be equal to the size
of the parking stall required by this chapter. The Township may require
the submittal of a traffic analysis to determine the minimum required
stacking lane length.
(2) Parked or waiting vehicles may not block sidewalks, internal access
drives, ingress or egress points, or extend to adjoining streets.
(3) No storage or repair of vehicles shall be allowed within the car
washing facility.
(4) A concrete straight curb of at least eight inches in height shall
be installed around the entire perimeter of the paved area to prevent
vehicles from being driven onto, or parked with any part of, the abutting
grass, landscaped areas, sidewalks, streets, buildings, or adjoining
property.
(5) Buildings shall be oriented so that open bays, particularly for self-service
car washes, do not face onto adjacent streets unless screened from
view or sufficient landscaping is provided to prevent overspray from
blowing onto the street right-of-way.
(6) All washing activities shall be carried on within the building.
(7) Self-service vacuuming facilities (if provided) shall be provided
at the entrances to each bay for use by the stacked vehicles. If additional
self-service vacuum, shampoo, fragrance, or other such facilities
are provided, they shall be located in areas outside stacking lanes
and areas needed for access to other facilities within the site. An
area the size of the parking stall required by this chapter shall
be reserved adjacent to each station. All vacuuming stations shall
include an integrated or adjacent trash receptacle, and shall be located
at least 50 feet from adjacent residentially zoned or used property.
(8) Sufficient space shall be provided on the subject lot so that vehicles
do not enter or exit the car wash building directly from an adjacent
street. All maneuvering areas, stacking lanes, and exit aprons shall
be located on the same parcel as the car wash building or facility.
A sufficient distance shall be maintained between the exit door of
the car wash building to the nearest exit driveway to permit adequate
time for excess water to drip off the vehicle prior to exiting to
street rights-of-way. Additional devices, such as rumble strips, mechanical
dryers, etc., may be proposed to lessen the required distance, upon
approval by the Township. Under no circumstances shall the use be
permitted to cause or contribute to icing problems on adjoining or
adjacent streets.
(9) One parking stall for each employee on the largest shift, plus one
additional stall, or a minimum of two stalls shall be provided. The
required parking stalls shall not be part of, or interfere with, access
to the car wash building or other related facilities. The parking
stalls shall be designed to permit access to and from the stalls assuming
all required stacking lanes and other areas reserved for vacuuming
or other activities are occupied.
C. Cluster subdivision.
(1) Purpose. The cluster subdivision is intended to encourage the development
of single-family detached neighborhoods in a manner that considers
and ultimately preserves the natural and environmental limitations
and assets of the Township and fosters preservation of open space
or agriculture.
(2) Permitted principal uses. Single-family dwellings and accessory structures.
(3) Lot bulk standards.
(a)
Minimum lot size: 6,500 square feet.
(b)
Minimum front yard: 20 feet.
(c)
Minimum rear yard: 30 feet; 10 feet for accessory structures.
(d)
Minimum side yard: minimum of 15 feet on both sides with neither
less than five feet.
(e)
Minimum lot width: 60 feet.
(4) General bulk and open space standards.
(a)
Maximum density: three units per acre in the A-1 District, four
units per acre in the R-1 District.
(b)
A minimum of 35% of the cluster subdivision shall be preserved
as open space through one or more of the following methods; open space
shall be platted and designed to preserve environmentally sensitive
areas and wooded hillsides and may also serve to protect and encourage
agriculture within the Township:
[1]
As a separate lot maintained by a homeowners' association or
conservation organization with protective covenants, in favor of the
Township and acceptable to the Township Solicitor, ensuring its preservation
as open space. Playgrounds or similar recreational facilities intended
for the use of the residents of the cluster subdivision are also authorized
within the subdivision.
[2]
As a separate lot used for agricultural purposes, that may include
a single-family dwelling, provided that sufficient covenants, in favor
of the Township and acceptable to the Township Solicitor, ensuring
continued compliance with the standards of this section, are recorded.
The lot must meet the minimum requirements for agricultural use, and
said use shall be subject to the standards for agricultural use otherwise
required by this chapter.
[3]
As conservation easements over environmentally sensitive areas
or areas used for trails or pedestrian connections, in favor of the
Township and acceptable to the Township Solicitor.
[4]
As one separate estate lot used for one single-family dwelling
with protective covenants, in favor of the Township and acceptable
to the Township Solicitor, ensuring its preservation as one lot.
(c)
The entire site for the proposed development plan shall be owned
or controlled by the developer and/or landowner.
(d)
The cluster subdivision shall include at least five units within
each phase of the development.
(e)
Other than one estate lot, as authorized by this section, all
lots shall front on and access streets platted within the cluster
subdivision.
D. Gas or service station.
(1) All repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
(2) All vehicle parts, dismantled vehicles and similar materials shall
be stored within an enclosed building or totally screened from view
by a solid or privacy fence.
(3) All vehicles awaiting repair shall be stored on the lot in an approved
storage area and, in no case, shall said vehicles be stored on or
obstruct access to a public or private right-of-way.
(4) Where supplemental retail service is proposed, off-street parking
shall be provided as required for retail in addition to service station
standards.
(5) Supplemental retail service space shall not exceed 2,000 square feet.
(6) Gasoline pump islands and canopies shall not encroach upon the front
yard setback of the zoning district in which they are located.
(7) All fuel, oil and similar substances shall be stored at least 25
feet from any property line.
E. Hobby farm.
(1) All activities and livestock shall be constrained by a fence which
otherwise meets the requirements of this chapter within an area a
minimum of 20 feet from adjoining property lines.
(2) No structure housing operations of the hobby farm shall be placed
within the required front yard.
(3) Storage of manure, odor- or dust-producing substances shall be located
at least 200 feet from any property line.
(4) Adequate provisions shall be made to contain all poisonous or obnoxious
odors or fumes.
F. Planned residential development. Planned residential development
is established to supplement zoning in order to encourage innovations
in residential development, pursuant to the standards herein and the
procedures specified in the Pennsylvania Municipalities Planning Code,
Act 247, as amended December 21, 1988.
(1) The application process for approval of planned residential development
shall be consistent with Act 247, as amended, and shall consist of
the following steps:
(a)
An application for tentative approval shall be filed by or on
behalf of the landowner.
(b)
The Planning Commission shall review the application and shall
make recommendations to the Board of Supervisors.
(c)
Within 60 days after filing of the application, a public hearing
shall be held by the Township Supervisors.
(d)
Within 60 days following conclusion of the public hearing or
within 180 days after the date of filing of the application, whichever
occurs first, an official written communication shall be transmitted
to the landowner which either:
[1]
Grants tentative approval;
[2]
Grants approval, subject to conditions; or
(e)
Tentative approval shall not qualify a plat for recording nor
authorize the issuance of any permits.
(f)
Following tentative approval, an application for final approval
may be submitted for the entire development site or incremental parts
thereof.
(g)
Public hearings on applications for final approval shall not
be required, provided the application is in compliance with the tentative
plan previously given approval.
(h)
The Township Supervisors shall act on the application for final
approval within 45 days from the date of the regular meeting of the
governing body next following the date the application is filed; provided,
however, that should the next regular meeting occur more than 30 days
following the filing of the application, the forty-five-day period
shall be measured from the 30th day following the day the application
has been filed.
(2) The application for tentative approval shall include the following:
(a)
A location map of the site at a scale no smaller than one inch
equals 100 feet, showing boundaries, road systems and land uses within
1/2 mile of the site perimeter.
(b)
A site plan of the project which shall define the location of
proposed uses; state the acreage by proposed use; show density of
dwelling units; include street system plans for traffic and vehicular
parking; include plans for sewage disposal system, stormwater and
other utilities; delineate the location of recreation facilities,
open spaces and site amenities; and show proposed lot lines and plat
designs.
(c)
Additional documentation shall include the following: the form of organization proposed to own and maintain common facilities and open space; the substance of covenants, grants of easements or other restrictions to be imposed; a written statement by the landowner or developer setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest, specifically those criteria set forth in Subsection
F(11) of this section.
(d)
Application elements cited in Subsection
F(2)(a) and
(b) above shall be prepared by a registered landscape architect, architect or civil engineer.
(e)
Any and all other reports, specifications, and plat details as required by Chapter
350, Subdivision and Land Development, as otherwise applied to preliminary subdivision approval.
(f)
Fees as required by the Township Fee Schedule.
(3) Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval. Additionally, any and all other reports, specifications, and plat details as required by Chapter
350, Subdivision and Land Development, as otherwise applied to final subdivision approval shall be required. Fees as required by the Township Fee Schedule shall be submitted.
(4) The following requirements shall govern the approval and development
of planned residential developments in the Township of Fallowfield.
(a)
The minimum land area for a planned residential development
shall be 25 contiguous acres in the A-1 and R-1 Districts and 10 contiguous
acres in the R-2 District.
(b)
The developer shall provide within the planned development a
sanitary sewage disposal system, which shall be of sufficient size
and design to collect and dispose of all sewage from all present and
projected development in the planned development, and shall be constructed
and maintained in conformity with the statutes and regulations of
the State Department of Environmental Protection and all local regulations.
(c)
The developer shall provide, within the planned development,
a storm drainage system which shall be sufficient to dispose of all
surface water runoff within the development.
(d)
Water service from a certified public utility water system shall be supplied to each structure and facility to be erected in the development. Evidence of a commitment from said utility shall be supplied to the Township Supervisors consistent with Article
VII of Act 247, as amended.
(5) Permitted uses. A building may be erected or used, and a lot may
be used or occupied for any of the following purposes:
(a)
Single-family detached dwelling.
(b)
Townhouse units upon and as an incentive to meeting the standards of §
400-52 of this chapter.
(c)
Multifamily dwellings (not to exceed three stories in height), upon and as an incentive to meeting the standards of §
400-54Z.
(d)
Public or private park or recreation which may include golf
courses, swimming pools, tennis courts, ski slope, toboggan run, ice-skating
rink, and similar uses approved by the Township Supervisors.
(f)
Institutional uses as classified in the Use Authorization Table,
Table 2 of this chapter.
(g)
Group residential facilities which are integral to and associated
with the remainder of the planned residential development as an age-restricted
community in accordance with the Federal Fair Housing Act, 42 U.S.C.
§ 3601 et seq., as amended.
(6) Within a planned residential development, the following percentages
of the total land area and uses shall be devoted to the specified
uses listed herewith:
(a)
A maximum of 75% for residential use; land devoted to residential
use shall be deemed to include housing sites and streets, parking
areas, private open spaces and courts that abut and service residences
or group of residences. Within the A-1 and R-1 Zoning Districts, a
minimum of 60% of all dwelling units shall be comprised of single-family
or duplex units. Within an age-restricted community, 35% of all dwelling
units shall be single-family or duplex units, wherein one dwelling
unit shall equal the capacity of four residents within an authorized
group residential facility for purposes of determining the minimum
proportion of the remaining units.
(b)
A minimum of 25% for open air recreational uses and other usable
open space. "Usable open space" shall be defined as open areas designed
and developed for use by the occupants of the development for recreation
and related leisure purposes. These spaces shall be readily accessible,
and effectively separated from automobile traffic and parking.
(c)
A minimum of 60% of all environmentally sensitive areas shall
be preserved as such and shall be included within the common open
space of the development or otherwise preserved by covenants in favor
of the Township.
(7) Residential density shall not exceed six dwelling units per gross
acre of land within the development.
(a)
There shall be no minimum lot size, setbacks, percentage of
lot coverage or lot width, except as specified below.
(b)
Every dwelling unit shall have access to a public street, court,
walkway or other area dedicated to public use.
(c)
Townhouse structures and multifamily structures. No structure
or group of related structures shall be erected within 30 feet of
any other structure or group of structures.
(d)
There shall be a yard setback of at least 40 feet along the
perimeter of each planned residential development tract and adjacent
to all existing adjoining roads.
(e)
No structure shall exceed three stories in height.
(f)
There shall be no continuous structure of townhouses containing
more than six dwelling units.
(g)
Single-family and duplex dwellings shall be subject to a minimum
five-foot side yard setback and twenty-five-foot rear yard setback
with accessory structures permitted within 10 feet of the rear lot
line. The preceding shall also be subject to minimum lot size of 6,000
square feet and lot width of 45 feet.
(8) Open spaces between structures, including those spaces being used
as public or private recreational areas, shall be protected by adequate
covenants running with the land or by conveyances or dedications.
(9) In cases where the Township will not be accepting dedications of
streets, recreation areas or open spaces, the landowner shall provide
for an organization or trust for ownership and maintenance. In the
event of default the Township may assume control and the resulting
costs may be accessed against the properties that have right of enjoyment
of these spaces and facilities as specified by applicable state statutes
(Act 247, as amended).
(10)
The dimensions and construction of roads and parking areas within
the development, whether or not dedication to the Township is contemplated,
shall conform with all applicable Township ordinances and regulations.
(11)
Tentative plan approval criteria. The Board of Supervisors shall
grant approval of a tentative planned residential development, provided
that the plan meets the following criteria:
(a)
The tentative plan complies with all applicable purposes, standards,
criteria and conditions of this section and this chapter, preserves
the community development objectives of this chapter.
(b)
Where the tentative plan departs from this chapter and Chapter
350, Subdivision and Land Development, regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare.
(c)
The proposals for the maintenance and conservation of any proposed
common open space are reliable, and the amount and extent of improvements
of such open space are adequate with respect to the purpose, use and
type of proposed residential development.
(d)
The physical design of the tentative plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment. The tentative plan organizes vehicular ingress,
egress and parking to minimize traffic congestion in the surrounding
neighborhood.
(e)
The total environment of the tentative plan is harmonious and
consistent with the neighborhood in which it is located. The tentative
plan is sited, oriented and landscaped to produce a harmonious relationship
of buildings and grounds within the development and to the buildings
and grounds of adjacent properties. The tentative plan shall, to the
fullest extent possible, preserve the scenic, aesthetic and historic
features of the landscape.
(f)
The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter and Chapter
350, Subdivision and Land Development, which would otherwise apply.
(g)
The tentative plan will be fully served by public utilities,
public water systems, and a public sewer system or community sewage
system, without reducing the level of service to the remainder of
the Township.
(h)
The tentative plan shall not involve any element or cause any
condition that may be dangerous, injurious, or noxious to any other
lot or persons.
(i)
In the case of a tentative plan which proposes development over
a period of years, the terms and conditions shall be sufficient to
protect the interests of the public and of the residents of the planned
residential development in the integrity of the development plan.
(12)
Where not otherwise specified in this section, planned residential
development shall be subject to all approval criteria, procedural
requirements, modification standards, and enforcement remedies as
set for in the Municipalities Planning Code, Act 247, as amended.
[Added 1-27-2016 by Ord.
No. 224]
Where referenced by other sections of this chapter, the following
standards shall apply in addition to standards otherwise applicable
under this chapter.
A. Townhouses. Groups of townhouses shall meet the following standards
applied to the front facades of the structures facing the front yard
and to all of those to which the primary entrance to the building
faces when applied to units commonly referred to as "triplex" or "quads."
A minimum of two of the following shall be required for each unit
and shall vary from each adjoining unit.
(1) Offset in the front wall of the building of at least two feet.
(2) Front porch with varying roof style or offset of at least two feet
from the adjoining unit porch.
(3) Change in building facade treatment applied to at least 40% of the
building facade of each unit.
(4) Change in roof pitch or design.
B. Group residential and nonresidential principal structures.
(1) Building facades shall utilize finished materials that incorporate
architectural design elements to create continuity with adjacent buildings
on the site.
(2) Building facades that are viewable from a public street shall consist
of a combination (minimum of two) of horizontal and vertical breaks
including, but not limited to, the following:
(a)
A vertical architectural element.
(b)
Building recesses, offsets or projections.
(c)
Texture and/or material change.
(f)
Contrasting window framing or shutters.
(m)
Architectural details such as tile work and molding integrated
into the building structure and design.
(n)
Equal or similar design feature.
(3) Building facades that are viewable from a public street shall utilize
natural building materials such as brick, stone, glass, wood and similar
materials.
(4) Building facades that are viewable from a public street shall have
an articulated break at least every 30 feet, measured horizontally.
(5) Mechanical equipment designed to be located on the roof of a structure
must be screened with typical building materials approved by the Zoning
Officer.