[Ord. 6-4-84, 6/4/1984, § 15.01]
The Supplementary District Regulations are designed to contain
a list of complementary and general requirements which augment and
clarify regulations listed elsewhere in this chapter. Where applicable,
these regulations shall apply uniformly to every use, activity, building
or structure hereafter erected, altered, established or expanded.
These regulations apply to all zoning districts and are listed comprehensively
herein to avoid duplication and repetition throughout the remainder
of this chapter.
[Ord. 6-4-84, 6/4/1984, § 15.02; as amended by
Ord. 2-1992, 4/20/1992, § VI; and by Ord. 1-2007, 5/21/2007,
§ XVII]
Any building or structure attached to a principal building in
any manner shall comply in all respects with the yard requirements
of this chapter for a principal building. No detached building or
structure shall be placed closer to the front yard set back than the
principal structure, except that the detached accessory building or
structure may be placed closer to the front yard than the principal
structure in the Agricultural (A) District and the Intensive Agricultural
District (IA) and the Rural Residential District (R-R) so long as
it is set back more than 75 feet from the public road abutting the
property. Accessory buildings located in the R-2 District shall not
be permitted within five feet of any side or rear lot line; in all
other residential or commercial districts, accessory buildings shall
not be less than 10 feet from a side or rear lot line. In all districts,
where the entrance to a garage abuts a public alley, said garage entrance
shall be no less than 15 feet from the right-of-way of such alley.
[Ord. 6-4-84, 6/4/1984, § 15.03]
1.
Private, non-commercial swimming pools which are designed to contain
a water depth of 24 inches or more, regardless of whether they are
permanently affixed or movable, shall be located on the same lot or
tract as the dwelling and shall be permitted neither in the required
front yard nor closer to any street line than the dwelling. In all
other yards, a pool shall not be closer than 15 feet to any lot line,
as measured from the water's edge. All pools shall be completely enclosed
with a continuous, impenetrable fence or barrier no less than four
feet in height above the ground level and shall be equipped with a
lockable gate or retractable ladder. Any deck, patio, or impermeable
surface, not under roof or otherwise enclosed, which surrounds, is
attached to, or associated with a pool shall be no closer than 10
feet to the side or rear lot line.
2.
Private tennis courts shall be permitted within side or rear yards
provided that such facility shall not be less than 15 feet from side
or rear lot lines.
3.
Nothing in this section shall be construed to limit other uses not
mentioned so long as they are clearly accessory to the principal permitted
use of the land and do not create a threat to the public health, safety,
and/or welfare of the community.
[Ord. 6-4-84, 6/4/1984, § 15.04; as amended by
Ord. 1-2007, 5/21/2007, § XVIII]
1.
The following projections shall be attached to a building, may be
permitted in required yards, and shall not be considered in the determination
of yard size.
A.
Patios, paved terraces, decks, or open, unroofed porches shall be
permitted in all yards provided that such structures shall be no closer
than five feet to any lot line.
B.
Projecting architectural features u bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features, provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property lines; however, any canopies, porte cocheres or other roofs that extend more than five feet from the building line as defined in Part 1 of this chapter, shall be subject to the yard requirements applied from the lot line to the edge of the roof.
C.
Stairs, landings, and decks which are unroofed, provided that they
are no closer than five feet to any lot line.
D.
Open balconies or fire escapes provided such balconies or fire escapes
are not supported on the ground and do not project more than five
feet into any required yard nor closer than three feet to any adjacent
property line.
[Ord. 6-4-84, 6/4/1984, § 15.05]
1.
A home occupation as defined in Part 1 may be permitted in any district
under the following conditions:
A.
The proprietor of the home occupation shall reside on the premises and shall be the property owner or a member of the immediate family of the property owner. The home occupation shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation nor change to the appearance of the dwelling to facilitate the operation of the occupation, other than one small sign as provided in Part 15 of this chapter.
B.
The home occupation shall be conducted wholly within the dwelling
and shall not occupy more than 25% of the habitable floor more than
750 square feet. This area shall include all functions or activities
of the home occupation.
C.
The proprietor may employ not more than one assistant who does not
reside within the dwelling used for the home occupation.
D.
In addition to the parking required for the residence, two off-street parking spaces shall be provided for the home occupation plus one additional space for any assistant. Off-street parking improvements shall comply with Part 14 of this chapter.
E.
Any home occupation or accessory function of a home occupation which
may create objectionable noise, fumes, odor, dust, electrical interference,
or substantially more than normal residential traffic shall be prohibited.
[Ord. 6-4-84, 6/4/1984, § 15.06]
1.
On a corner lot in any district a clear sight triangle shall be provided
at all street intersections. Within such triangles, no vision obstructing
objects (other than utility poles) shall be permitted which obscure
vision above the height of 30 inches and below 10 feet as measured
from the center line grade of intersecting streets. Such triangle
shall be established from a distance of:
[Ord. 6-4-84, 6/4/1984, § 15.07; as amended by
Ord. 1-2001, 2/19/2001, § XXI]
Unless otherwise regulated, fences, walls and hedges may be
permitted in any required yard or along the edge of any yard. However,
walls or hedges along the sides or front edge of any front yard shall
not be over 30 inches in height and shall not obstruct visibility.
A fence in a front yard may be up to 48 inches in height if 75% of
the fence area is open and dose not create a hazard for drivers.
[Ord. 6-4-84, 6/4/1984, § 15.08]
In any district, more than one structure housing a permitted
or permissible principal use may be erected on a single lot, provided
that yard and other requirements of this chapter and the North Lebanon
Township Land Subdivision Regulations shall be met for each structure
as though it were on an individual lot.
[Ord. 6-4-84, 6/4/1984, § 15.09; as amended by
Ord. 1-1986, 11/3/1986, § 1]
Every building hereafter erected shall be on a lot adjacent
to and accessible with an improved public street as determined in
the District Regulations. All structures shall be so located on lots
as to provide safe and convenient access for servicing, fire protection,
and required off-street parking.
[Ord. 6-4-84, 6/4/1984, § 15.10; as amended by
Ord. 2-2014, 5/19/2014, § VII]
In the interest of protecting the public health, safety, and
welfare, every building or structure hereafter erected, altered or
moved upon any premises and used in whole or in part for dwelling,
commercial or recreational business, or industrial purpose shall be
provided with both a safe and sanitary water supply and a safe and
sanitary means of collection and disposal of residential, commercial,
or industrial sewage. Such facilities shall conform to the minimum
requirements set forth by the Department of Environmental Resources.
In these cases where both a safe and sanitary water supply and a safe
and sanitary means of collection and disposal of residential, commercial,
or industrial sewage is required, the owner or owners of the building
or structure shall connect to the municipal sewer system provided
that the building or structure is located within 150 feet of the sewer
service lateral and/or within 200 feet of the municipal water lateral.
[Ord. 6-4-84, 6/4/1984, § 15.11; as amended by
Ord. 1-1997, 1/20/1997, § VII]
Unless otherwise regulated in this chapter, every dwelling unit
hereafter designated, established or erected shall contain a minimum
habitable floor area of 700 square feet or a total of 175 square feet
per person residing in the dwelling, whichever is greater. Existing
two-family or multi-family developments shall only be expanded or
enlarged provided that a minimum lot area of 3,000 square feet is
provided for each dwelling unit located on the said property.
[Ord. 6-4-84, 6/4/1984, § 15.12; as amended by
Ord. 1-1988, 8/22/1988, § 2]
All dwelling units and accessory structures shall have a perimeter
footing in accordance with the rules and regulations as established
from time to time by the Board of Supervisors of North Lebanon Township
by resolution adopted at a regular meeting of the Board of Supervisors.
[Ord. 6-4-84, 6/4/1984, § 15.13; as amended by
Ord. 2-2016, 11/21/2016]
[Ord. 6-4-84, 6/4/1984, § 15.14]
Where an unimproved lot of record is situated between two improved
lots, the front yard requirements for the district may be modified
so that the front yard may be an average of the adjacent existing
front yards. Where an unimproved lot of record is adjacent to one
improved lot which was developed prior to the enactment of this chapter,
the front yard requirements of the unimproved lot may be reduced to
the average of the existing improved lot setback and required front
yard.
[Ord. 6-4-84, 6/4/1984, § 15.15]
Customary household pets shall be permitted in any district;
however, novelty pet kennels, and uses involving animal husbandry
shall be permitted only as indicated in the appropriate district regulations.
[Ord. 6-4-84, 6/4/1984, § 15.16]
Upon notification and request by the Zoning Administrator, any
building or structure which has deteriorated to the state where it
is dangerous and/or unsafe for human occupancy, constitutes a fire
hazard, endangers surrounding buildings, shelters rats or vermin,
or endangers the safety of children playing thereabouts, shall be
repaired, altered or removed to eliminate the dangerous conditions.
Such improvements shall commence within 30 days and be completed within
90 days of notification by the Zoning Administrator.
[Ord. 6-4-84, 6/4/1984, § 15.17]
Gasoline pumps, tanks, and other service equipment shall be
located not less than 35 feet from any lot line and/or right-of-way
and located such that vehicles stopped for service will not extend
over the property line.
[Ord. 6-4-84, 6/4/1984, § 15.18]
Automotive vehicles or trailers of any kind without current,
valid license plates and/or state inspection shall not be parked or
stored on any property other than in completely enclosed buildings
or properly approved junk yards. Additionally, such vehicles shall
not be parked or stored along public streets in any zoning district.
[Ord. 6-4-84, 6/4/1984, § 15.19]
For purposes of these regulations, major recreational equipment
and/or tractor trailers, rigs, or cabs as defined as including boats
and boat trailers, travel trailers, pick-up campers or coaches (designed
to be mounted on automotive vehicles), motorized dwellings, tent trailers,
and the like, and cases or boxes used for transporting recreational
equipment, whether occupied by such equipment or not. No major recreational
equipment shall be parked or stored on any lot in a residential district
except in a carport, an enclosed building, in a rear yard or on that
portion of a private residential driveway not within the road right-of-way.
No such equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residential lot, or in any location
not approved for such use. Additionally, no such equipment shall be
parked for loading and unloading along public streets in any zoning
district for a period of time exceeding 24 hours.
[Ord. 6-4-84, 6/4/1984, § 15.20]
All mobile home parks and mobile home subdivisions hereafter erected, established, substantially altered, or expanded shall comply with the requirements of Part 6 of this chapter. However, alterations or expansion of said parks or subdivisions shall not require Special Exception approval before the issuance of a Building and Zoning Permit.
[Ord. 6-4-84, 6/4/1984, § 15.21]
The height limitations of this chapter shall not apply to church
spires; farm structures when permitted by other provisions of this
chapter (e.g. silos, barns, etc); belfries, cupolas, penthouses and
domes not used for human occupancy; chimneys, ventilators, skylights,
water tanks, bulkheads and similar features; utility poles and standards;
and necessary mechanical appurtenances usually carried above the roof
level. Such features, however, shall be erected only to such height
as is necessary to accomplish the purpose they are to serve and then
only in accordance with any other governmental regulations.
[Ord. 6-4-84, 6/4/1984, § 15.22]
For the purposes of this chapter, public utilities exemptions
to district requirements shall extend only to accessory support and
maintenance structures and buildings not requiring human occupancy.
Such uses and structures including fences shall be located no closer
than 10 feet to any lot line or road right-of-way line. Principal
utility structures (e.g. sewage treatment plants, electrical power
plants, etc.) shall be permitted in any district but shall comply
in all respects with the requirements for a principal use of the district
in which it will be located. In either case, said utility corporation
shall secure a Building and Zoning Permit from the Zoning Administrator
prior to the start of construction. Said permit application shall
include any and all approvals required by other agencies, etc., for
the use specified.
[Ord. 1-1986, 11/3/1986, § 2]
Lots proposed for subdivision not having their principal frontage
on an improved public road will be considered by the Planning Commission
so long as the subdivider can provide information identifying the
particular lot as having adverse topographical conditions or having
been the result of development prior to the Zoning Ordinance making
the remaining homestead, or existing dwellings, non-conforming to
the District Regulations in which it is located.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-1999, 8/16/1999,
§ XXXIV]
1.
In any district, development on any steeply sloped lots (in excess
of 15% slope) shall include appropriate design and implementation
of measures to prevent and/or control environmental damage, erosion
and destruction [to] vegetation and natural habitat. The following
specific criteria shall apply to development on steeply sloped lots:
A.
Less than 25% of Lot Steeply Sloped. Development of lots which contain
slopes in excess of 15% shall be designed and located to limit or
avoid disturbance of the steeply sloped portions of the lot. Removal
of trees and vegetation shall be limited to the areas where slope
is less than 15%, except when absolutely necessary for buildings,
driveways and other essential lot improvements.
B.
Twenty-Five Percent or More of Lot Steeply Sloped. Development of
lots where 25% or more of the lot is steeply sloped in excess of 15%
requires careful design and minimal disturbance of the terrain and
natural features. Within the residential districts, minimum lot size
shall be increased to 150% of that specified by the District Requirements
listed in this chapter. Within all districts, approval of the lot
development is required from the Lebanon County Conservation District
to insure adequate erosion and sedimentation control, slope stabilization
and revegetation. Specifically, development of these steeply sloped
lots shall require:
(1)
Design and implementation of adequate erosion and sedimentation
control facilities.
(2)
Design and implementation of effective stormwater management
facilities to control surface water runoff and the damaging effects
of surface water flows on steep slopes.
(3)
Minimal disturbance of steep slopes, with limited cut and fill,
grading and excavation only where directly related to construction
of buildings, driveways and other essential lot improvements and effective
temporary and permanent stabilization of disturbed areas.
(4)
No more than 25% of the total vegetation cover of the lot, including
trees, shrubs and natural ground cover, shall be removed. Where removal
occurs on steep slopes in conjunction with development activities
permitted elsewhere herein, the steep slopes shall be replanted and
revegetated with similar trees, shrubs and ground cover to obtain
equivalent soil stabilization, moisture retention and protection from
ecological damage.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-2001, 2/19/2001,
§ XXII; and as amended by Ord. 2-2009, 5/18/2009, § XI]
Each residential building shall be permitted four yard sales
per year. Each weekend or portion of a weekend in which a yard sale
is conducted shall be considered one yard sale. Parking shall not
be permitted by anyone attending the yard sale so as to block any
public streets of North Lebanon Township.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-2001, 2/19/2001,
§ XXIII]
1.
Group care facilities shall be permitted in the following zoning
districts provided that the following requirements are met: R-R, Rural
Residential Districts; R-1, Low Density Residential Districts; R-2,
High Density Residential Districts.
A.
The owner and operator of the group care facilities shall complete
and application form as approved and provided by North Lebanon Township
and shall submit to the Township such supporting information as required
by the Township and the application.
B.
If the application meets the requirements of the law and the Township
requirements, an occupancy certificate shall be issued by the Township
or its designated agent subject to such conditions as the Township
may require as are permitted by law.
C.
The applicant shall pay an application and processing fee as determined
by the Township.
D.
In the event that the application is refused by the Board of Supervisors
of North Lebanon Township, or if the conditions are not acceptable
to the applicant, the applicant shall have 30 days from the date of
the denial to file an appeal to the Board of Supervisors of North
Lebanon Township and to pay the applicable appeal fee as determined
by the Township. Within 30 days of the date of the appeal, the Board
of Supervisors shall hold a hearing to determine whether or not the
permit shall be issued and if conditions should be imposed. If the
appeal is denied, the applicant shall have the right to appeal the
decision to the Court of Common Pleas of Lebanon County as provided
by law.
E.
A violation of the conditions of the permit shall give North Lebanon
Township the right of prosecution under the provisions of this section,
and/or under the provisions of the law, and in addition thereto, North
Lebanon Township shall have the right to proceed in an equitable proceeding
before the appropriate Court to seek enforcement of the permit and/or
conditions. North Lebanon Township shall also have the right to the
suspension and revocation of the permit for the violation of the permit,
and in such case, the permit holder shall be given the same right
of appeal first to the Board of Supervisors and next to the Court
of Common Pleas of Lebanon County, Pennsylvania.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-2001, 2/19/2001,
§ XXVI]
Whenever in this chapter, there is a section that provides for
the number of units permitted per acre or gross acre, the calculation
of the "acre" shall only include the building area and the applicable
setback lines.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-1999, 8/16/1999,
§ XXXI; as added by Ord. 1-2001, 2/19/2001, § XXVII]
In interpreting the provisions of this chapter, the minimum
square foot for a lot within any district shall be calculated by excluding
any area where a structure or a portion of a structure is not permitted,
excluding the applicable setback lines.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 2-2002, 6/17/2002,
§ I]
1.
Within any zoning district within North Lebanon Township, when a
property owner, either past or present, has modified the natural terrain
of the real estate by adding to or removing from the existing grade,
the Board of Supervisors of North Lebanon Township may require the
current owner to take the following action:
2.
In addition to regrading, the Board of Supervisors of North Lebanon
Township may require the current owner to plant screening or to provide
fencing at a location determined by the Board of Supervisors so as
to screen the regraded area from the adjoining property owners.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 2-2007, 7/16/2007,
§ 2]
1.
Purpose. In recognition of the quasi-public nature of personal wireless
service facilities, the purpose of this section is:
A.
To regulate the placement, construction and modification of communications
and transmissions antennae and communications towers to protect the
public safety and welfare.
B.
To accommodate the need for communications antennae while regulating
their location in the Township.
C.
To minimize adverse visual effects of antennae and communications
towers through proper design, siting, painting, and vegetative screening.
D.
To encourage co-location of antennae and the use of existing structures
to reduce the number of such structures needed in the future.
E.
To avoid potential damage to adjacent properties from communication
tower failure and falling ice or debris, through engineering and proper
siting of communications towers.
F.
To minimize any adverse effects of location and design of personal
wireless facilities on residential property values.
G.
To ensure that antennae and communications towers will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary.
H.
To promote co-location of emergency services antennae.
I.
To protect the health, safety, and welfare of the residents of the
Township and to insure that the location and number of personal wireless
facilities protect these interests.
2.
Special Exception. Communications antennae are permitted as a special
exception in the Agricultural Districts (A), Intensive Agricultural
Districts (1A), Rural Residential Districts (R-R), Neighborhood Commercial
Districts (C-1), General Commercial Districts (C-2) and Industrial
Districts (I), provided that the following requirements are met:
A.
Antennae on Buildings or Structures. Communications antennae may
be attached to buildings or structures provided that the following
requirements are met:
(1)
Antennas shall not exceed the height of the existing structure
by more than 20 feet.
(2)
Omnidirectional or whip communications antennae shall not exceed
20 feet in height and seven inches in diameter.
(3)
Directional or panel communications antennae shall not exceed
eight feet in height or width with a maximum surface area of 15 square
feet.
(4)
Any applicant proposing communications antennae to be mounted
on a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind, ice, and other loads associated with the antenna
location.
(5)
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings prepared by a registered engineer indicating
how the antennas will be mounted on the structure for review by the
Zoning Township Code Enforcement Office for compliance with the Township
of North Lebanon Zoning and or Building Code and other applicable
law, ordinances and regulations, including those of the Lebanon County
Planning Department.
(6)
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
(7)
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
(8)
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Township of North
Lebanon, nor shall they create crosstalk or otherwise interfere with
other methods of telephone communication.
(9)
A communications equipment building shall be subject to the
height and setback requirements of the applicable zoning district.
(10)
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
(11)
Communications antennas and supporting electrical and mechanical
equipment must be of a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(13)
To the extent economically and structurally feasible, communications
antennas shall be co-located on existing wireless support structures.
Applicants shall demonstrate that they contacted the owners of wireless
support structures within 1/4 of a mile of the proposed communications
antenna site to ascertain whether such wireless support structure
would be an appropriate support structure for the proposed communications
antenna. Failure to provide evidence of contact with owners of closely
located wireless support structures may be utilized by the Zoning
Hearing Board as a reason to deny the applicant's request for approval.
[Added by Ord. 3-2016, 12/19/2016]
(14)
Communications antennas shall be permitted to co-locate upon
nonconforming communications towers and other nonconforming structures.
Co-location of communications antennas upon existing communications
towers is encouraged even if the communications tower is nonconforming
as to use within a zoning district.
[Added by Ord. 3-2016, 12/19/2016]
(15)
Any communications antenna 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. Each communications antenna 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.
[Added by Ord. 3-2016, 12/19/2016]
(16)
All communications antennas 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/TIA-222, as amended).
[Added by Ord. 3-2016, 12/19/2016]
(17)
Communications antennas shall comply with all federal, state,
and local laws and regulations concerning aviation safety.
[Added by Ord. 3-2016, 12/19/2016]
(18)
The Township may assess appropriate and reasonable permit fees
directly related to the Township's actual costs in reviewing and processing
documents associated with the placement of a communications antenna,
as well as related inspection costs, monitoring costs, professional
fees and other miscellaneous related costs. All fees are established
by resolution of the Township Board of Supervisors.
[Added by Ord. 3-2016, 12/19/2016]
(19)
Unused or abandoned communications antennas or portions of communications
antennas shall be removed within a reasonable time period as determined
by the Township on an individual basis. If the communications antenna
or related equipment is not removed within such time period, the communications
antenna and/or related equipment may be removed by the Township. As
security, the Township reserves the right to the salvage value of
any removed communications antenna and/or related equipment. Any additional
charges incurred by the Township shall be assessed against the bond
maintained by the owner of the communications antenna or related equipment.
[Added by Ord. 3-2016, 12/19/2016]
(20)
Each person that owns or operates a communications antenna shall
provide the Township with a certificate of insurance, listing the
Township as an additional insured, evidencing general liability coverage
in the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the communications antenna.
[Added by Ord. 3-2016, 12/19/2016]
(21)
Each person that owns or operates a communications antenna shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the communications antenna. Each person that owns or operates a
communications antenna shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a communications antenna. The
obligation to indemnify, hold harmless and defend shall include, but
not be limited to, the obligation to pay judgments, injuries, liabilities,
damages, reasonable attorneys' fees, reasonable expert fees, court
costs and all other costs of indemnification.
[Added by Ord. 3-2016, 12/19/2016]
(22)
The owner of a communications antenna shall, at its own cost
and expense, obtain from a surety licensed to do business in Pennsylvania
and maintain a bond or other form of security acceptable to the Township,
in an amount of $20,000, to assure the faithful performance of the
terms and regulations of this section, as well as the removal of the
proposed facility. 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 the bond with the Township.
The Township reserves the right to periodically adjust the amount
of the bond to correspond with inflation.
[Added by Ord. 3-2016, 12/19/2016]
(23)
The following regulations shall apply to co-located communications
antennas that fall under the Pennsylvania Wireless Broadband Collocation
Act:
[Added by Ord. 3-2016, 12/19/2016]
(a)
Wireless communications facility applicants proposing the modification
of an existing communications tower shall obtain a building permit
from the Township or its representative or designee. In order to be
considered for such permit, the WCF applicant must submit a permit
application to the Township in accordance with applicable permit policies
and procedures.
(b)
Within 30 calendar days of the date that an application for
a communications antenna is filed with the Township, the Township
shall notify the WCF applicant in writing of any information that
may be required to complete such application. Within 60 calendar days
of receipt of a complete application, the Township shall make its
final decision on whether to approve the application and shall advise
the WCF applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the WCF applicant to provide the information shall not
be counted toward the Township's sixty-day review period.
(c)
Ground-mounted related equipment greater than three cubic feet
shall not be located within 50 feet of a lot in residential use or
zoned residential.
(d)
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 communications antenna or $1,000,
whichever is less. All fees are established by resolution of the Township
Board of Supervisors.
3.
Communications towers are permitted as a special exception in the
Agricultural Districts (A), Intensive Agricultural Districts (IA),
General Commercial Districts (C2), and Industrial Districts (I) provided
that the following requirements are met:
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas and shall provide a copy of all applicable
license approvals by the FCC, including any special conditions applicable
to the license.
B.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower.
C.
A good faith effort shall require that all owners of potentially
suitable structures within a one mile radius of the proposed communications
tower site be contacted and that one or more of the following reasons
for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
D.
Communications towers and antennas shall be located a minimum of
500 feet from any existing residential structure.
E.
Yard Regulations.
(1)
Communication towers and antennas shall be setback from all
property lines the greater of a distance equal to 35% of the height
of the structure or to the yard setbacks applicable to the zoning
district in which the structure is to be located, whichever is greater.
(2)
Communications towers and antennae shall be set back a minimum
of 500 feet from R-1 and R-2 districts, as well as 500 feet from residential
structures in all other districts.
(3)
Communications equipment buildings shall comply with the yard
requirements of the zoning district in which they are located.
F.
Height Regulations.
(1)
Communications towers, including attached antennas and separate
antennas attached to structures or buildings shall be kept to a minimum
height needed to function in accordance with industry standards. In
case of co-usage, the communication structure height may be adjusted
to account for other users. In no case shall any communications tower
exceed a maximum height of 200 feet.
(2)
Communications equipment buildings shall comply with building
height requirements in the zoning district in which they are located.
G.
Separation. A minimum of 10 feet shall be maintained between any
communications tower, or portion thereof, and all buildings except
the associated communications equipment building.
H.
Access. Access shall be provided to the lot or leased parcel on which
the communications tower, antennae or communications equipment building
are located by means of a public street and/or easement to a public
street. The easement shall be a minimum of 20 feet in width. The access
shall be improved by paving for the first 15 feet from the public
street, and the remaining portion of the easement may be either stoned
or paved as required by the North Lebanon Township Zoning Hearing
Board. The width of the paved and/or stoned easement shall be 10 feet
for the entire length.
I.
Off-Street Parking. A minimum of three off-street parking spaces shall be provided on the lot or leased parcel on which the communications tower, antennae and/or communications equipment building is located, unless the off-street parking regulations set forth in Part 14 of this chapter require more than three off-street parking spaces.
J.
Fencing.
(1)
A fence shall be required around the equipment building(s) and
other equipment. The fence shall be a minimum of six feet in height
and a maximum of eight feet in height; shall completely enclose the
antenna, support structure and related facilities, shall not contain
openings greater than nine square inches; and shall contain, at all
entrances, gates which shall be locked except during such time as
the site is manned by authorized operations or maintenance personnel.
(2)
All guy wires associated with guyed communications towers shall
be clearly marked so as to be visible at all times, and shall be located
within the fence enclosure.
K.
Landscaping. The following landscaping shall be required to screen
as much of the communications tower as possible, the fence surrounding
the tower and any other ground-level features (such as a building)
and in general soften the appearance of the personal wireless facility
site. If the antenna is mounted on an existing structure and other
equipment is housed inside an existing structure, landscaping shall
not be required.
(1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted eight feet on center maximum).
The evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(3)
Where buffer yards and screen planting are required elsewhere
in the ordinance, the required screen planting shall be in addition
to the landscaping required in this section.
L.
Communications Tower Color. Communications towers shall be painted
or have a galvanized finish that best allows blending into the surroundings,
unless otherwise required by FAA regulations. The use of grays, blues,
and greens may be appropriate.
M.
Communications Tower Equipment and Accessory Buildings. Accessory
buildings must conform to all requirements of the zoning district
in which the antenna and support structure are located. Applicant
shall provide detailed descriptions of the tower being proposed for
review and approval by the Zoning Hearing Board.
N.
Use of Stealth Technology. The applicant shall demonstrate that it
is utilizing stealth technology to the greatest extent possible in
the design of the communications tower.
O.
Lot and Plan. A communications tower may be located on a lot occupied
by other principal structures and may occupy a leased parcel within
a lot so long as the requirements for the zoning district are met;
recording of a land development or subdivision plan shall not be required
for a leased parcel upon which a communications tower is proposed
to be constructed so long as the communications equipment building
is unmanned.
P.
Signs and Lighting. A sign shall be mounted in a visible location
upon the communications tower, building or structure on which an antennae
is placed, or communications equipment building identifying the name,
address, and emergency telephone number of the operator; no lights
shall be mounted on a communications tower or building or structure
on which an antennae is placed, unless as required by a governmental
agency with such jurisdiction; security lighting may be placed upon
communications equipment buildings, but must be down-shielded and
the light shall not shine or reflect on adjacent properties.
Q.
Compliance and Safety. The applicant shall demonstrate the following:
(1) that the proposed antenna and communications tower are safe and
the surrounding areas will not be negatively affected by support structure
failure, falling ice, or other debris; (2) that compliance with all
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation shall be met;
compliance with guidelines recommended by the American National Standard
Institute with respect to radio frequency emissions shall be met;
(3) that communications towers shall be fitted with anti-climbing
devices, as approved by the manufacturers; certification from a Pennsylvania
registered professional engineer; (4) that a proposed communications
tower will be designed and constructed in accordance with the current
Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures, published by the Electrical Industrial Association/Telecommunications
Industry Association and the applicable requirements of any state,
county, and local building code.
R.
Insurance. The applicant shall provide a certificate of insurance
evidencing general liability coverage in the minimum amount of $2,000,000
per occurrence and property damage coverage in the minimum amount
of $2,000,000 per occurrence covering the communications tower, communications
antenna(ae), and communications equipment building, which insurance
shall be maintained and remain in effect during the entire time the
tower, antenna(ae), and/or equipment building remains upon the lot
or leased premises. The Township may require periodic increases in
minimum amount of insurance.
S.
Waste. No waste, including no hazardous waste, shall be placed or
disposed of on the site of the communications tower and communications
equipment building.
T.
Noise Levels. Noise levels shall not exceed 5 dBA above ambient levels
on adjacent properties; operation of a backup power generator in the
event of power failure, or the testing of a backup power generator
between 9:00 a.m. and 6:00 p.m. are exempt from this limitation.
U.
As-Built Plans. Within 60 days of completion of the initial construction,
and any additional construction, the applicant shall furnish to the
Township two complete sets of plans, drawn to scale, and certified
to the Township as accurately depicting the wireless telecommunications
facilities constructed pursuant to the conditional use approval.
V.
Fully Automated Site. The applicant shall demonstrate that the site
is fully automated.
W.
Abandonment and Removal.
(1)
The recipient of the special exception and/or the owner of the
communications tower, communications antenna(ae) and communications
equipment building shall enter into an agreement providing for removal
of the communications towers, communications antenna(ae) and communications
equipment building at the applicant's expense and shall post a bond
in an amount satisfactory to the Township to be used by the Township
for such removal in the event the applicant fails to act timely to
remove the facilities. The Township shall have the right to have the
amount of the bond increase whenever it determines that the bond posted
is not sufficient to cover the costs of removal along with other costs
and expenses provided for herein. Any communications tower, communications
antenna(ae) or communications equipment building that is no longer
in use for its approved purpose shall be removed at the owner's expense.
(2)
The owner shall provide the Township with a copy of the notice
to the FCC of intent to cease operations. If the tower, antenna(ae),
or equipment building remains unused for a period of six consecutive
months, the owner shall be given 90 days from the end of that six
consecutive month period to remove the communications tower, antenna(ae),
or equipment building. In the case of multiple operators sharing use,
this provision shall not become effective until all users cease operations.
The equipment on the ground is not to be removed, however, until the
tower portion of the communications facility has first been dismantled
and removed. In the event the owner does not remove the communications
tower, antenna(s), or equipment building within the ninety-day period,
the Township may call the bond provided to the Township by the owner
and have the removal work performed. The Township may collect from
the bond all the costs of removal together with any other related
costs, including engineering and legal expenses. In the event the
owner does timely have the removal work performed in a proper fashion,
upon request, the Township shall return the bond posted for removal
to the owner.
(3)
Where a communications tower and/or Communications Equipment
Building are proposed as a use by Special Exception, application shall
be submitted to the North Lebanon Township Zoning Hearing Board. (A
plan shall be submitted to the Planning Commission for review and
its recommendations shall be forwarded to the Zoning Hearing Board.)
(4)
Prior to the issuance of a building permit for the erection of a communications tower or communications equipment building, applicants must receive approval of a land development plan from the North Lebanon Township Board of Supervisors. The land development plan shall comply with the Lebanon County Planning and North Lebanon Township Subdivision and Land Development Ordinance [Chapter 22].
(5)
A formal land development plan shall not be required if the
antenna is to be mounted on an existing structure in accordance with
the provisions of this section.
X.
Amateur Radio. These regulations shall not govern any tower, or the
installation of any antenna that is under 70 feet in height and is
owned and operated by a federally licensed amateur radio status operator.
Y.
Special Exception - North Lebanon Township Zoning Hearing Board.
The applications for special exception as are provided for in this
section shall be heard by the Zoning Hearing Board of North Lebanon
Township. In such proceedings, the Zoning Hearing Board may determine
that there are other compelling reasons for the protection and welfare
of the residents of North Lebanon Township that the antenna should
not be placed on a building.
Z.
Additional Communications Tower Requirements. The following regulations
shall apply to all communications towers.
[Added by Ord. 3-2016, 12/19/2016]
(1)
Any communications tower shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any communications tower 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)
A WCF applicant for a communications tower must demonstrate
that a significant gap in wireless coverage or capacity 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 communications towers.
(3)
An application for a new communications tower shall demonstrate
that the proposed communications tower cannot be accommodated on an
existing or approved structure or building, or land owned and maintained
by North Lebanon Township. The Township Zoning Hearing Board may deny
an application to construct a new communications tower if the applicant
has not made a good faith effort to mount the communications antenna
on an existing structure. The applicant shall demonstrate that it
contacted the owners of tall structures, buildings, and towers within
a 1/4 of a mile radius of the site proposed, sought permission to
install a communications antenna on those structures, buildings, and
towers and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(4)
The WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on communications towers where technically and economically
feasible. The owner of a communications tower shall not install any
additional antennas without obtaining the prior written approval of
the Township.
(5)
A communications tower shall not, by itself or in conjunction
with other wireless communications facilities, 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)
A communications tower shall not be located upon a property,
and/or on a building or structure, that is listed on either the National
or Pennsylvania Register of Historic Places, or eligible to be so
listed, or is included in the official historic structures and/or
historic districts list maintained by the Township.
(7)
Communications towers shall comply with all federal, state and
municipal laws, ordinances, and regulations concerning aviation safety.
(8)
The Township may hire any consultant and/or expert necessary
to assist the Township in reviewing and evaluating the application
for approval of the communications tower and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of these provisions, including any costs related to expert evaluation
and consultation. The applicant shall deposit the cost for such review
and application, as estimated by the Township, at the time of application
submittal. The applicant shall reimburse the Township for any costs
incurred in excess of those deposited by the applicant at the time
of application submission.
(9)
Within 30 calendar days of the date that an application for
a communications tower is filed with the Township, the Township shall
notify the WCF applicant in writing of any information that may be
required to complete such application. All applications for communications
towers shall be acted upon within 150 days of the receipt of a fully
completed application for the approval of such communications tower,
and the Township shall advise the WCF applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(10)
Nonconforming communications towers which are hereafter damaged
or destroyed due to any reason or cause may be repaired and restored
at the existing location, but must otherwise comply with the terms
and regulations of this section.
(11)
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 communications tower, as well as
related inspection, monitoring, and related costs.
(12)
Each person that owns or operates a communications tower shall,
at its sole cost and expense, indemnify, defend and hold harmless
the Township, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the communications tower. Each person that owns or operates a communications
tower shall defend any actions or proceedings against the Township
in which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of the communications tower. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(13)
Unused or abandoned communications towers or portions of communications
towers shall be removed within 60 days of notification by the Township.
If the communications tower or related equipment is not removed within
such time period, the communications tower and/or related equipment
may be removed by the Township. As security, the Township reserves
the right to the salvage value of any removed communications tower
and/or related equipment.
(14)
The owner of a communications tower shall, at its own cost and
expense, obtain from a surety licensed to do business in Pennsylvania
and maintain a bond or other form of security acceptable to the Township,
in the amount of $20,000, to assure the faithful performance of the
terms and regulations of this section, as well as removal of the proposed
communications tower. 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 notice
of 30 days and opportunity to cure of 30 days. The owner shall file
the bond with the Township. The Township reserves the right to periodically
adjust the amount of the bond to correspond with inflation.
4.
Wireless Telecommunications Facilities in Public Rights-of-Way.
[Added by Ord. 3-2016, 12/19/2016]
A.
Communications antennas in the rights-of-way are permitted by special
exception, unless they fall under the Pennsylvania Wireless Broadband
Collocation Act. The following regulations are applicable to all communications
antennas located in the public rights-of-way to which the Pennsylvania
WBCA does not apply:
(1)
Communications antennas in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles, or on Township-owned
traffic lights or property. If co-location is not technologically
feasible, the WCF applicant shall locate its communications antenna
on existing poles or freestanding structures that do not already act
as wireless support structures with the Township's approval.
(2)
Design Requirements:
(a)
Communications antenna installations located above the surface
grade in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Communications antennas and related equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated, to be visually compatible with the support structure
upon which they are mounted.
(3)
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all communications antennas
in the ROW based on public safety, traffic management, physical burden
on the ROW, and related considerations. For public utilities, the
time, place and manner requirements shall be consistent with the police
powers of the Township and the requirements of the Public Utility
Code.
(4)
Communications antennas and related 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 related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot;
(b)
Ground-mounted related 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 the screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner within
five days of notification by the Township or any other entity. If
such graffiti is not removed within five days of notification, the
Township shall remove the graffiti and assess its removal costs against
the bond maintained by the owner.
(5)
Within such reasonable time frame as is established by the Township
on an individual basis, and following written notice from the Township,
an owner of a wireless communications facility in the right-of-way
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any wireless communications facility
when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
(d)
Widening of a street or road; or
(e)
An emergency as determined by the Township.
B.
Communications towers are permitted in the public rights-of-way by
special exception. The following regulations shall apply to communications
towers located in the public rights-of-way:
(1)
Location and development standards.
(a)
Communications towers in the ROW shall not exceed 30 feet in
height and are prohibited in areas in which utilities are located
underground.
(b)
Communications towers shall not be located in the front facade
area of any structure.
(c)
Communications towers are prohibited within 25 feet of an area
in which all utilities, including electric and cable, are located
underground.
(d)
Communications towers shall be permitted along certain collector
roads and arterial roads throughout the Township, regardless of the
underlying zoning district. A map of such permitted roads is kept
on file at the Township Zoning Office.
(2)
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all communications towers 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.
(3)
Communications towers and related 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)
Ground-mounted related 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.
(b)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(c)
Any graffiti on the communications tower or any related equipment
shall be removed at the sole expense of the owner within five days
of notification by the Township or any other entity. If such graffiti
is not removed within five days of notification, the Township shall
remove the graffiti and assess its removal costs against the bond
maintained by the owner.
(d)
Any underground vaults related to communications towers shall
be reviewed and approved by the Township.
(4)
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
communications tower in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
(d)
An emergency as determined by the Township; or
(e)
Any other reasons set by the Township.
(5)
In addition to permit fees as described in this section, every
communications tower in the ROW is subject to the Township's right
to fix annually a fair and reasonable fee 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 communications tower
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. All fees are established by resolution of the Township
Board of Supervisors.
(6)
Within 30 calendar days of the date that an application for
a communications tower is filed with the Township, the Township shall
notify the WCF applicant in writing of any information that may be
required to complete such application. All applications for communications
towers shall be acted upon within 150 days of the receipt of a fully
completed application for the approval of such communications tower,
and the Township shall advise the WCF applicant in writing of its
decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 2-2014, 5/19/2014,
§ X]
1.
The following CAO and CAFO agricultural uses shall be permitted by
use in the Agricultural District (A), and Industrial District (I-1)
provided the following conditions are met:
A.
The setback lines of the building shall meet the setback lines as
provided in the Nutrient Management Plan and/or other such federal
or state requirements. Proof of compliance shall be provided to the
Township upon request.
B.
If the Nutrient Management Plan requires that the applicant farm
shall have a current Nutrient Management Plan approved by the Lebanon
County Conservation District or such other designated approval entity.
A copy of the plan and approval shall be provided to the Township
upon request.
C.
If required by state or federal law, the applicant farm shall have
an approved conservation plan to incorporate the agricultural use.
A copy of the plan shall be provided to the Township upon request.
D.
The applicant farm shall have an approved Nutrient and Odor Management
Plan prepared by a certified Nutrient Management Specialist or such
other individual as authorized by state or federal law. The new or
expanded facility shall be constructed in accordance with the approved
plan, and a representative of the certified Nutrient Management Specialist
shall certify to the Township that the construction has been completed
in accordance with the plan.
E.
The applicant farm shall prepare an Emergency Action Plan to address
any spillage that may occur from the subject farm onto a public road.
The cleanup shall be the responsibility of the applicant.
F.
The applicant shall demonstrate upon request by the Township that
the operation allows for the safe and efficient movement of all vehicles
associated with the operation.
[Added by Ord. No. 4-2022, 3/21/2022]
1.
Intent. It is recognized that honey bees are beneficial to humankind
and to Pennsylvania in particular by providing both home garden and
agricultural pollination services, as well as furnishing honey, beeswax,
and other useful products. The purpose of this section is to establish
certain requirements for beekeeping within North Lebanon Township.
2.
AFRICANIZED HONEY BEE
APIARY
BEE
BEE DISEASE
BEEKEEPER
COLONY
DEPARTMENT
FLYWAY BARRIER
HIVE
HONEY BEE
NUCLEUS COLONY
Definitions. As used in this chapter, the following words and terms
shall have the meanings ascribed in this section unless the context
of their usage clearly indicates another meaning:
Hybrids of the African honey bee (Apis mellifera scutellata)
with various European honey bees that are aggressive compared to the
European subspecies.
Any place where one or more colonies of bees are kept at
a single location.
Any stage of the honey bee (Apis mellifera).
Disease such as American Foulbrood or other actionable disease
as determined by the Department of Agriculture.
A person who owns or has charge of one or more colonies of
honey bees.
An aggregate of honey bees consisting of workers, drones
and a queen.
Refers to the Pennsylvania Department of Agriculture, Bureau
of Plant Industry.
A wall, fence, vegetation, hedge or combination thereof that
forces bees to fly at a higher elevation above ground level over the
property lines in the vicinity of the apiary.
A receptacle or container that includes modern moveable frames
or combs in which an active colony inhabits and exceeds a volume of
50 liters (i.e., a single standard Langstroth nine-and-five-eighths-inch
deep body with 10 frames plus one additional hive body).
All life stages of the common domestic honeybee, Apis mellifera
species (European honey bee).
A hive that does not exceed the volume of 50 liters (i.e.,
a single ten-frame standard nine-and-five-eighths-inch deep body or
less).
3.
Standards of Practice. Honey bee apiaries are permitted by right
in the Agricultural and Intensive Agricultural Zoning Districts, and
by conditional use in the Rural Residential (R-R) and Residential
(R-1) Zoning Districts as an accessory use when in compliance with
the Pennsylvania Bee Law (3 Pa.C.S.A. § 2101 et seq., as
amended) and subject to the following regulations:
A.
Registration, Certification and Permits.
(1)
No beekeepers may own or maintain an apiary within the municipality
without first registering and maintaining a current permit for all
apiaries with the Department as required by the Pennsylvania Bee Law,
3 Pa. C.S.A. § 2101 et seq., as amended.
(2)
A beekeeper owning or maintaining an apiary in the municipality
shall promptly notify the North Lebanon Township Administrative Office
without unnecessary delay, and in no event longer than 72 hours, if
the Department revokes said apiary registration or if said registration
has lapsed.
(3)
No beekeeper shall own or maintain an apiary within the municipality
without first obtaining a registration permit from the municipality.
An application for a one-time registration permit shall be made in
writing and upon supplied form or in such format as established by
the municipality. The application shall be accompanied by a lot plan
that includes the size of the lot, the location and number of hives,
the location of the water source, the distance of the hives from any
property lines, and, if required, the location of any flyway barriers.
The applicant shall pay a permit fee as shall be set by North Lebanon
Township by resolution, in an amount not to exceed the Department's
Apiary registration fee. The issuance of a permit shall not obviate
the necessity for compliance with all other municipal ordinances.
(4)
The application for a municipal permit shall also be accompanied
by written evidence that the applicant has completed a beekeeping
educational course/program with a minimum of eight hours of instructions
or has a letter of validation from an officer of the Pennsylvania
State Beekeepers Association or a certified master beekeeper.
(5)
The beekeeping registration application must be submitted by
the owner of the property on which the apiary is or will be located.
4.
Location and Colony Density. Placement of an apiary on a property
should conform to the following regulations so as to minimize and
eliminate any possible concerns to adjoining neighbors:
A.
Hive Location. Location of hives must comply with the following criteria:
(1)
Hives shall not be located within 20 feet of any side or rear
property line unless a flyway barrier is in place or the hive(s) are
located at least 10 feet above grade, in which case hives must be
at least 10 feet from any side or rear property line.
(2)
Hives shall not be located within a front yard.
(3)
Hives shall not be located within 50 feet of a preexisting swimming
pool or a preexisting kenneled animal.
(4)
Apiaries are not permitted within 20 feet of any buildings located
on adjacent properties.
B.
Maximum Number of Hives.
(1)
For a property with a minimum of 15,000 square feet of lot area,
a beekeeper is permitted to keep two hives. For each additional 5,000
square feet of lot area, the beekeeper is permitted two additional
hives.
(2)
Exceptions. A beekeeper may exceed these regulations under the
following conditions:
(a)
As part of normal honey bee colony management, a beekeeper may
also keep, in addition to allowable standard hives, for up to 45 days
between April 15 and August 15th, two nucleus colonies per standard
hive, provided that they are used for managing colony strength, to
minimize reproductive swarming, queen rearing or swarm capture.
(b)
For each allowed hive, a single nucleus hive may be kept from
August 16th to April 14th to allow a beekeeper to mitigate winter
bee losses.
(c)
Apiaries that are preexisting prior to enactment of this section shall not be subject to the limitations of Subsection 4B of this section only if the property owner provides confirmation of the preexisting apiary registration of the location as reported by the Department. Preexisting apiaries shall not be permitted to exceed the number of hives active at the time of the adoption of the ordinance and shall be subject to all other provisions of this section.
C.
Hive Density. The Board of Supervisors, in its discretion, may consider
other reasonable hive densities for certain locations. Factors influencing
hive density in an area may include: human density, quality and quantity
of plants, number of bee hives already present, normal agricultural
operations, pollination and other contractual requirements, queen
bee and/or nucleus colony production, honey production, and educational
needs.
5.
Conditions.
A.
Hive Type, Orientation and Maintenance.
(1)
All beekeepers shall comply with rules and regulations set forth
by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq.,
as amended.
(2)
All beekeepers shall, to the best of their ability, maintain
their colonies per the Voluntary Best Management Practices for Maintaining
European Honey Bee Colonies in the Commonwealth of Pennsylvania as
provided and amended by the Pennsylvania Apiary Advisory Board.
(3)
To the extent possible, hive entrances shall face away from
the closest neighboring property and in such a direction that the
bees fly across the beekeeper's property at sufficient distance to
gain a height of at least six feet at the property line. The use of
barriers may be employed to redirect the bees' flight pathway and
establish bee flight pathways above six feet. Should the flight path
not be able to be obtained as described above, then a flyway barrier,
at least six feet in height, shall be placed alongside of the hive(s)
that contains the entrance to the hive(s), shall be located within
five feet of the hive(s), and shall extend at least two feet on either
side of the hive(s). A flyway barrier shall consist of a fence, vegetation,
hedge, or a combination thereof. No flyway barrier is required for
hive(s) that are located greater than 20 feet from property lines.
(a)
Exceptions to Flyway Barrier.
(4)
A supply of fresh water shall be maintained in a location readily
accessible to all bee colonies on the site throughout the day to prevent
bees from congregating at neighboring swimming pools or other sources
of water on nearby properties between April 1 and November 1 of each
year.
(5)
All beekeepers shall ensure that no bee comb or other materials
that attract honey bees are left upon the ground of the apiary site.
Upon removal from the apiary, all such materials shall be properly
maintained in a sealed container or placed within a building or other
bee-proof enclosure, so long as bees are kept on the property.
6.
Inspection. If an inspection is required as a result of a nuisance
complaint, the designated municipal code enforcement officer will
inspect the property only and not the bee hives. A notice of 24 hours
shall be given to the beekeeper prior to any inspection.
7.
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition or to interfere
with the normal use of adjoining properties. By way of example and
without limitation, the following activities are hereby declared a
nuisance and therefore unlawful:
A.
The use of receptacles for honey bees that does not comply with the
Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended.
B.
Hive placement and related bee movement such that the bees, without
provocation, interfere with the reasonable freedom of movement of
persons in a public right-of-way, or the location of bees have a proven
impact to the general safety, health, and welfare of the general public.
