[Ord. 94, 6/8/1988, § 1900]
This part identifies special regulations for: principal and
accessory uses; limitations to development within the carbonate geology
areas, along the Delaware Canal and around historic areas; controls
to development through buffer area and landscaping treatment; and
safeguards to development through the mitigation of adverse environmental
impacts.
[Ord. 94, 6/8/1988, § 1901; as amended by Ord.
108, 7/18/1989, §§ 3–5; by Ord. 113, 1/16/1990,
§§ 76–79; by Ord. 138, 5/26/1992, § 45;
by Ord. 153, 5/3/1994, § 1; by Ord. 181, 5/16/2000, § I.5;
by Ord. 189, 10/16/2001, § I.9, .10; by Ord. 206, 8/5/2003,
§§ 2–4; by Ord. 2005-6, 7/5/2005, §§ 3,
4; by Ord. 2011-4, 5/3/2011, Arts. XXXIX, XL; by Ord. 2011-7, 6/21/2011,
Arts. V, VI; by Ord. 2012-2, 5/15/2012, Arts. IX–XII; and by
A.O.]
1.
In addition to the regulations set forth in § 27-2609, the following shall apply:
A.
Single-Family Detached Dwellings. The following shall apply to mobile
homes, pre-fabricated and modular dwellings:
(1)
Each such building shall be placed on a pad, or a footing or
foundation at least equal in length and width to the dimensions of
the building to be placed thereon.
(2)
The pad, at least six inches in thickness, shall be constructed
of reinforced concrete to support the building and to prevent abnormal
settling or heaving under the weight of the home. The corners of the
building shall be secured to prevent wind overturn and rocking with
at least six tie-downs such as concrete "dead men," screw augers,
arrowhead anchors, or other devices suitable to withstand a tension
of at least 2,800 pounds.
B.
Mobile Home Park.
(1)
A distinction shall be made between single-wide (single width) mobile homes and double-wide (double width) mobile homes and shall conform to the following standards and all environmental controls of § 27-2611.
(2)
For planning and enforcement purposes a plan shall be prepared
that provides each mobile home with a lot that complies with the following
dimensional standards and requirements:
|
Table of Dimensional Requirements for Mobile
home Lots
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Yards
| |||||||
|
Minimum Lot Area
|
Minimum Lot Width At Building Lines
|
Maximum Impervious Surfaces on-lot
(percent)
|
Front
|
Side
|
Rear
|
Minimum Between Units
| |
|
(feet)
| |||||||
|
Single-wide units less than 61 feet long
|
4,800 square feet
|
45 feet
|
35
|
20
|
5
|
15
|
30 feet
|
|
Single-wide units 61 feet and longer
|
5,250 square feet
|
45 feet
|
35
|
20
|
5
|
15
|
30 feet
|
|
Double-wide units
|
7,000 square feet
|
60 feet
|
35
|
30
|
5
|
15
|
30 feet
|
|
Accessory building
|
30
|
15
|
15
|
10 feet
| |||
(4)
An enclosure of compatible design and material shall be erected
around the entire base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
The hitch which is employed for the normal movement of the unit shall
be removed.
(5)
No mobile home shall be erected on a mobile home lot except
upon a mobile home pad. Each mobile home unit shall have its own separate
pad.
(6)
Off-Street Parking.
(a)
Three off-street parking spaces shall be provided for each mobile
home lot, of which two shall be on the mobile home lot. All parking
spaces and driveways shall be at least five feet from any side or
rear mobile home lot line.
(b)
Where recreational facilities are provided within a mobile home
park, the same shall be equipped with adequate off-street parking
facilities in accordance with Part 23.
(c)
Parking shall be prohibited on internal roads and it shall be
the duty of the owner or operator of the mobile home park to enforce
this provision.
(7)
Service Buildings. Within a mobile home park nonresidential
uses such as a management office, storage facilities for the park
residents, laundry facilities, maintenance building and storage for
park maintenance equipment and a community roam for the use of the
park residents may be constructed subject to the following standards:
(a)
A maximum of 10% of the base site area may be used for these
purposes. Included in computing the area shall be the buildings, parking
and all required setbacks.
(b)
All service buildings must be set back at least 50 feet from
adjacent mobile homes.
(c)
All service buildings must be set back 50 feet from interior
streets in the mobile home park.
D.
Long-Term Residential Health Care Facility.
[Added by Ord. No. 2019-002, 1/15/2019[2]]
(1)
A long-term residential health care facility must meet all applicable
licensing and inspection regulations of the county, state, and federal
government.
(a)
Proof of any required licensing shall be submitted with applications
for a long-term residential health care facility use.
(b)
Proof of compliance with all applicable county, state and federal
regulations shall be filed with the Township prior to the issuance
of a zoning permit and a use and occupancy permit.
(c)
All renewals, amendments or new licenses shall be filed with
the Township as they are issued.
(d)
An applicant shall also file with its application a copy of
its admission criteria and any other information sufficient to demonstrate
the nature of the proposed use.
(3)
The facility shall be served by public water supply and public
sewage disposal systems.
(4)
Support Facilities.
(a)
Retail facilities for the use of the residents and their guests
only. No outside advertising for these facilities is permitted.
(b)
The retail facilities may occupy no more than 10% of the total
floor area.
(d)
Other support facilities include, but are not limited to, lounge
areas, reading rooms, art/craft rooms, common dining facilities, and
recreational rooms.
(5)
Open space and passive recreational areas shall be in accordance
with Part 28.
(6)
Off-Street Parking. In addition to the requirements of Part
23 and the applicable standards of the zoning district in which the
facility is located, all parking lots shall be located in such a way
as to be consistent with the visual and aesthetic character of the
road(s) on which the parking lot may be located. The Board and/or
Zoning Officer may require that parking lots be located to the side
and rear of the building, and/or may require additional landscaping
and/or berms and/or setbacks as necessary to maintain the character
of the surrounding area. Ambulance access shall be located as far
as possible from adjacent residential properties to minimize noise
disruptions to neighboring properties.
(7)
Fire Protection. All rooms shall be provided with sprinkler
systems for fire protection and shall contain and be served by a wet
charged standpipe to the top floor. All units shall be equipped with
smoke detectors and carbon monoxide detectors, which shall be hard
wired and monitored by a central monitoring facility.
(8)
At the time of application, the applicant shall submit to the
Township a transportation plan which shall outline a transportation
service for the residents, to be provided by the owner or manager,
providing access to primary services at reasonable intervals. This
plan is subject to the Township's approval.
(9)
Safety Features. It is necessary in the design and development of a long-term residential health care facility that the safety and physical capabilities of the future residents be considered. The design features of the facility shall be such that potentially dangerous situations are minimized and the independence and mobility for the residents maximized. The developer will be required to submit architectural drawings to the Township and to the Pennsylvania Department of Licensing and Inspection to ensure that this is the case. All buildings are subject to the Township Building Code (Chapter 5, Part 1).
(10)
The facility shall be built as a single legal entity and shall
be owned by a single legal entity. Fee sale of units is prohibited.
All common facilities to support the needs of residents of the facility
shall remain under the ownership of a single legal entity.
(11)
All other applicable provisions of the Township's Code of Ordinances
shall apply, including but not limited to lighting and traffic control
regulations.
[2]
Editor's Note: This ordinance also repealed former Subsection
D, Life Care Facility.
E.
Short-Term Residential Health Care Facility. A short-term residential health care facility must meet all the requirements of § 27-2602, Subsection 1D, with the exception of § 27-2602, Subsection 1D(8) if such services would interfere with the facility's goals for rehabilitation and treatment of resident patients. If apartment buildings are incorporated into the facility, they shall be no higher than two stories, instead of the height specified in § 27-2602, Subsection 1D(2)(d).
[Added by Ord. No. 2019-002, 1/15/2019[3]]
[3]
Editor's Note: This ordinance also repealed former Subsection
E, Full Care Facility.
F.
Multifamily Residential Development.
(1)
Spill-Over Parking. A minimum of 0.5 spill-over parking spaces
per unit shall be required for all permitted housing types. The required
spill-over parking maybe provided for on-street or in common parking
lots for the following housing types: single-family detached, single-family
detached off center, twins, duplexes, townhouses, patio houses and
atrium houses.
(2)
In the case of garden apartments and mid-rise apartments, parking shall be provided for in common parking lots. In all cases, spill-over parking shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
(3)
Multiplex Units.
(a)
Units may be arranged in a variety of configurations; side-by-side,
back-to-back, or vertically. The essential feature is the small number
of units attached. No more than five units shall be attached in any
building, and all multiplex buildings shall average no more than four
units per building.
(4)
Townhouse Units.
(a)
Table of Dimensional Requirements.
1)
Minimum lot area per dwelling unit: 2,000 square feet.
a)
For other than fee simple ownership, i.e., condominium, minimum
ground area per dwelling unit: 2,000 square feet.
2)
Minimum lot width at building setback (per unit): 24 feet.
3)
Minimum front yard (building setback from street): 30 feet.
4)
Minimum building setback from common parking lots: 30 feet.
5)
Minimum rear yard: 30 feet.
(b)
In the event the units are not fee simple, the dimensions shall
apply to building lines.
G.
Day-care center.
(1)
The use shall be conducted in a building designed as a single-family
detached residence, and all buildings shall be designed for the safety
and well-being of the occupants.
(2)
An outdoor play area shall be provided and shall be set back
100 feet from a property line. This area shall be fully enclosed by
a six-foot high wooden fence and shall be located to the side or rear
of the lot. The minimum required areas of such an outdoor recreational
facility shall be 200 square feet for each child.
(3)
The maximum number of children shall be 10 children per acre.
(4)
Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter 11, § 8A, of the Department of Public Welfare's Social Services manual by that Department to the applicant, subject to licensure under Article X of the Public Welfare Code.
H.
Kennel.
(1)
No animal shelter or runway shall be located closer than 200
feet from a property boundary, and 350 feet from any building, other
than that of the operator.
(2)
The total number of dogs on the property shall not exceed three
dogs per acre, excluding dogs under six months old.
(3)
Any storage of manure shall be located at least 150 feet from
any property line or street line.
(4)
All dogs shall be confined so that they cannot run free or leave
the property.
(5)
All dogs must be housed inside from the hours of 8:00 p.m. to
7:00 a.m.
[4]
Editor’s Note: This ordinance also repealed former Subsection
H(1)(5), which permitted one single-family dwelling on the same tract
with this use and renumbered former Subsection H(1)(7) as Subsection
H(1)(5).
(6)
All runways or other areas where dogs are kept or exercised
outdoors shall be totally screened by opaque fencing or plantings.
(7)
For the purposes of these use regulations for kennels, "inside"
shall mean within a building with enclosing walls and a roof.
[Added by Ord. No. 2018-010, 12/11/2018]
(8)
A kennel shall be operated in accordance with all applicable
state and federal laws and regulations, including laws on licensing,
facility, and standards of care for animals.
[Added by Ord. 2018-004, 3/6/2018]
I.
Private Recreational Facility.
K.
Golf Course.
(1)
A golf course may include as accessory uses a club house, a
restaurant cocktail lounge, swimming pool, driving range, tennis courts
and a pro shop.
(2)
Lot Area.
|
Regulation
|
18 hole
|
6,000-7,000 yards in length
|
130 acres
|
|
Executive
|
18 hole
|
3,000-4,000 yards in length
|
60 acres
|
|
Nine hole
|
3,000-3,500 yards in length
|
60 acres
| |
|
Par 3
|
18 hole
|
2,000-2,500 yards in length
|
45 acres
|
(3)
No building, fairway, tee or green shall be closer than 150
feet to any lot line.
(4)
Parking areas shall be screened when within 50 feet of a lot
line.
L.
Office Park.
(1)
At least 70% of the total floor space of the park shall be utilized
for office uses.
(2)
Accessory outside storage or display of materials or goods is
not permitted.
(3)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(4)
All uses within the office park shall take access from an interior
roadway. Access for the park shall be from an arterial or collector
highway.
(5)
Parking facilities may be located to the front, side, or rear of any building; no closer than 10 feet to any building, or property line unless specified hereafter. In the event the parking stall is located to allow a vehicle to face a building, then the set back shall be 15 feet. A thirty-five-foot set back shall apply for parking in the front yard and a fifty-foot set back shall apply for parking directly adjacent to residential uses. Where the provisions of this subsection conflict with the provisions of § 22-517 of the Township Subdivision and Land Development Ordinance [Chapter 22], the provisions of this subsection shall govern.
(7)
All commonly owned elements shall be owned and maintained in
accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq., and meet the approval of the Township.
(8)
Either a loading facility or drop-off circle/lane shall be provided
for each building in an office park. Drop-off circles/lanes shall
be sufficient to allow service, delivery and emergency vehicles to
operate without impeding other vehicular traffic flow.
(9)
A twenty-five-foot minimum set back shall be met for building
locations from the main entrance drive. The ten-foot minimum set back
shall otherwise apply for all paved non-parking vehicle areas throughout
an office park.
(10)
A minimum building spacing of 50 feet shall exist between each
new building to be constructed within an office park. A maximum building
footprint of 15,000 square feet and a maximum total building size
of 40,000 square feet shall apply to new buildings within an office
park.
M.
Adult Commercial. This use is subject to the following conditions:
(1)
The building or structure of such use shall be located no less
than 1,000 feet from any residential use or district, public or private
school, church, recreation facility or any other religious, institutional,
or educational use.
(2)
No such use shall be located within 2,000 feet of a similar
use.
(3)
No person under the age of 18 years shall be permitted within
an adult commercial store or sold any pornographic material.
N.
Village Retail. The retail sale of goods and commodities where all
of the items for sale shall be contained and sold from within the
building. This use does not include the sale of items such as: automobiles,
trucks, motorcycles, farm equipment, boats, recreational vehicles,
and gasoline.
(1)
Exterior pole mounted lighting fixtures shall not exceed 10
feet in height. The source of illumination shall be recessed and shielded
within the fixture itself and shall not exceed an average of one footcandle.
(2)
Outdoor collection stations provided for garbage and trash removal
shall be screened by a six-foot solid wooden fence or wall.
(3)
Village retail uses in Carversville Village Commercial (VC-C)
Zoning District-no single retail use shall occupy more than 3,000
square feet on a single floor.
O.
Restaurant.
(1)
Service area provided for delivery trucks shall be screened
from the street and adjacent properties by a six-foot high solid wooden
fence or wall.
(2)
Such service area shall be so located that it does not cross
with patron traffic, either vehicular or pedestrian.
(3)
Outdoor storage areas for refuse or trash, shall be screened
by a six-foot high solid wooden fence or wall.
P.
Amusement Hall and Arcade.
(1)
Automatic amusement devices or games in such facilities are
coin-operated machines, mechanical machines or electronic machines
which operate or may be operated as a game or contest of skill or
amusement of any kind or description. Such devices shall be regulated
within this use in any location where more than four such devices
are located.
(2)
This use shall be located no closer than 1,500 feet, measured
in all directions, to a school or church.
(3)
This use shall only be operated between the hours of 10:00 a.m.
and 9:00 p.m.
(4)
No audio speakers or equipment shall cause sounds to emanate
from the exterior of the premises.
Q.
Outdoor Motion Picture Establishment.
(1)
Such uses shall have frontage on an arterial or collector highway
and all access shall be taken from the arterial or collector highway.
The applicant shall provide sufficient vehicle stacking area or an
internal access road to insure that entering vehicles will be able
to pull off the road.
(2)
The showing of obscene material as defined by Pennsylvania statute
shall be prohibited.
(3)
The motion picture screen shall be no closer to any property
line than 100 feet. Other buildings shall be subject to the minimum
yard requirements of the zoning district.
(4)
The screen viewing surface shall not be visible from a public
street.
(5)
Neither a public address system nor a general speaker system
shall be permitted.
R.
Motor Vehicle Fuel Station. Motor vehicle fuel station is a facility
whose function is the sale of gasoline and fuels for motor vehicles.
Minor automobile accessories and prepared, pre-packaged food and beverage
items may also be sold, subject to the limitations of this chapter.
Convenience commercial floor areas shall be limited to 2,000 square
feet. Routine automobile service and inspections may be performed
and may include lubricating, repairing or otherwise servicing motor
vehicles but shall not include painting, body and fender repairs,
or vehicular sales. This use is distinguished from and does not include
a motor vehicle service center/repair shop where automobile parts
and accessories are sold and installed within the facility but where
there is no sale of fuel. Any facility which provides for gasoline
or fuel sales directly to retail customers shall be considered to
be a motor vehicle fuel station and shall meet the requirements of
this use and shall only be permitted in the zoning districts where
this use is permitted.
(2)
This use shall be permitted only where there is frontage on
an arterial road. Ingress and egress shall be at least 100 feet from
the intersection of any street right-of-way.
(3)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(4)
Fuel pumps and canopies shall be at least 25 feet from any future
street right-of-way. Each pump shall be equipped with a fire suppression
device.
(5)
All automobile parts and similar articles shall be stored within
a building.
(6)
All refuse shall be stored within a building or enclosed area.
(7)
Paint spraying or body and fender work shall not be permitted.
(8)
Tire changes, and minor repairs are permitted if performed entirely
within a building.
(9)
No damaged or unlicensed vehicles shall be stored on the site.
(10)
No drive-through windows are permitted for sale of convenience
items.
(11)
This use shall not be permitted within 1,000 feet of any preexisting
public or private drinking water supply system or well. Monitoring
wells shall be provided.
(12)
Parking shall be provided for any convenience commercial or
convenience store use that is part of the facility. Parking shall
be striped and shall not interfere with access ways or fueling areas.
(13)
Applicant shall present a plan to demonstrate the methods by
which any underground leaks or spills of liquids will be contained
and shall also demonstrate that the stormwater management system is
designed to capture volatile organic compounds, oils, and solids.
The following standards and procedures shall be met:
(a)
The design, layout and construction of the service station use
including underground storage tanks shall be in accordance with engineered
plans which shall be subject to review by the Township Engineer and
approval by the Board of Supervisors.
(b)
Underground storage tanks shall be double wall fiberglass tanks
constructed in accordance with specifications submitted by the applicant
and approved by the Township and having the following features:
1)
The interstitial space between the two walls of
the fiberglass tanks shall be filled with brine and monitored for
level fluctuations.
2)
Changes in level of the liquid between the walls
must activate a store alarm with notification to a central monitoring
system. Within two hours of any event that activates the alarm, management
of the service station, shall investigate the cause of the alarm and
determine whether it is due to a breach in the fuel containment system.
In the event of a breach, the system shall be immediately shut down,
the cause of the breach determined and all reasonable and necessary
steps to remediate the conditions created by the breach shall be taken.
3)
Fuel lines from the tanks to the dispensers shall
be two-inch, double walled flexible lines. The product lines shall
be placed in four-inch geoduct corrugated pipe. Leak detection devices
shall be provided for the double walled flexible lines. All joints
of the supply lines shall be in sumps with water and hydrocarbon detection.
Dispensers shall be equipped with shear valves, the hose with a double
break away poppet valve and an automatic shutoff unit in the base.
All leak detection systems shall be equipped with automatic alarms
notifying the attendant that the system has detected a change with
an automatic dial-in-system notifying a central monitoring service.
Any joints in either the product lines or the geoduct lines shall
be located within containment units.
4)
The components of the leak detection system shall
be inspected on a regular basis in accordance with manufacturer's
recommendations. A schedule of periodic inspection shall be provided
to the Township prior to the issuance of an occupancy permit, and
the results of the inspection shall be provided to the Township within
15 days of the occurrence of an inspection.
(c)
In addition to the fuel containment and leak protection system
described above, the applicant shall maintain a well monitoring system
at the site as follows:
1)
Prior to approval, applicant shall establish four
wells around the perimeter of the property in a manner approved by
the Township Engineer. One of the four wells shall be located approximately
10 feet from the perimeter of the tank field where the underground
storage tanks will be located. Prior to final land development approval,
the wells shall be tested for the following contaminants: benzine,
toluene, ethylbenzine, xylene, MTBE and degreasing solvents. EPA method
number 524.2 or such other standard as may be current at the time
the test is conducted, shall be used with the addition of testing
for MTBE. The results of the testing shall be provided to the Township
prior to final land development approval and within 10 days of receipt
of same.
2)
In addition to the above wells, two shallow observation
wells having a depth of approximately 15 feet shall be established
on diagonal sides of the underground storage tanks.
3)
The shallow observation wells shall be tested prior
to placing the underground storage tanks in service to determine whether
any of the substances identified Subsection 1R(13)(c)1), above are
present and if so, the amounts. If at any time there is no ground
water in an observation well, ground water testing shall not be required
for that well.
4)
On a quarterly basis commencing the 90th day after
the underground storage tank is put in service, applicant/owner shall
obtain a sample from each of the four wells described in Subsection
1R(13)(c)1), above, taken in accordance with a methodology approved
by the Township Engineer, which shall be tested utilizing EPA method
524.2 or the then current standard with the addition of MTBE and the
results of such testing shall be provided to the Township. If any
test reveals the presence of contaminants meeting or exceeding Environmental
Protection Agency standards or Pennsylvania Department of Environmental
Protection standards, applicant shall undertake an investigation as
to the source of the contaminants and, if the contaminants originate
from the property, provide a remedial action plan designed to remove
the contaminants and to prevent their migration off site. If the investigation
reveals that the contaminants originated off site, applicant shall
provide notice to the Township indicating the likely source of the
contaminants.
(14)
This use shall comply with all applicable state and federal
regulations regarding the sale and storage of fuel. In the event of
a conflict between regulations, the stricter standard shall apply.
(15)
No car sales are permitted.
(16)
Architectural design shall include: pitched roof; use of traditional
or natural materials, reflective of the Township architecture.
S.
Convenience Store. A retail store offering primarily groceries, prepared
food items, and other small consumer items intended for quick carry-out
trade. There shall be no sale of gasoline or fuel in connection with
a convenience store.
(1)
The sale of merchandise shall be limited to 4,000 square feet
of floor area.
(2)
Minimum lot area: one acre.
(3)
The use must have frontage on an arterial street.
(4)
No drive-through windows are permitted.
(5)
Trash receptacles shall be provided outside. Outdoor collection
stations shall be provided for garbage and trash removal. These stations
shall be located to the rear of the structure and shall be enclosed
and screened from view and landscaped.
(6)
Architectural design shall include: pitched roof; use of traditional
or natural materials, reflective of the Township architecture.
(7)
Parking. At least 50% of the required parking shall be located
to the side or rear of the principal building and not in the front
of the building.
T.
Motor Vehicle Service Center/Repair Shop. An establishment where
motor vehicle parts and accessories are sold and facilities where
parts may be installed; an automobile repair garage, oil changes,
lubrication, paint spraying and body and fender work. The following
requirements shall be met:
(1)
All repair, installation of parts, and paint work shall be performed
within an enclosed building.
(2)
All automobile parts, refuse, and similar articles shall be
stored within a building or enclosed area screened from view from
the street or surrounding properties.
(3)
All vehicle storage areas shall be screened from all adjacent
roads and properties by a solid fence at least six feet in height.
(5)
No sale of fuel to retail customers is permitted.
(6)
If there are fuel storage tanks on the property the requirements
listed below shall be met:
(a)
Applicant shall present a plan to demonstrate the methods by
which any underground leaks or spills of liquids will be contained
and shall also demonstrate that the stormwater management system is
designed to capture volatile organic compounds, oils, and solids.
(b)
This use shall comply with all applicable state and federal
regulations regarding the sale and storage of fuel. In the event of
a conflict between regulations, the stricter standard shall apply.
(7)
Wrecked vehicles or unlicensed vehicles may not be stored in
the open at any time and must be completely fenced.
(8)
This use is permitted only on lots with frontage on an arterial
road.
(9)
Architectural design shall include: pitched roof; use of traditional
or natural materials, reflective of the Township architecture.
(10)
Parking. Spaces within service bays shall not be used to meet
off-street parking requirements.
U.
Specialty Shopping Center.
(1)
Individual stores or offices shall not exceed 5,000 square feet
gross floor area.
V.
Shopping Center.
(1)
No building or permanent structure, other than a permitted sign,
shall be erected within 100 feet of a street line, the distance, at
the closest point, between any two buildings or groups of units of
attached buildings, shall not be less than 35 feet.
(2)
The development shall be constructed in accordance with a unified plan and shall be designed as a single architectural unit with landscaping approved by the Township in accordance with § 27-2609.
(3)
Outdoor storage and refuse shall be screened from view from
the street or adjacent property with a six-foot high wooden fence.
(4)
The proposed development shall be served by public water supply
system and public sewage disposal system.
W.
Mini-Warehouse.
(1)
The minimum aisle width between buildings shall be 26 feet.
(2)
The storage facilities complex shall be surrounded by a fence
at least six feet in height.
(3)
There shall be no outdoor storage unless it is screened from
view from the street or adjacent property by a wooden fence of at
least six feet in height.
(4)
The maximum size of an individual storage unit shall not exceed
250 square feet in area, and 20 feet in height for the usable storage
area of the building.
(5)
An office and residence is permitted as an accessory use to
provide for a full-time manager.
(6)
Each group of storage units shall not exceed 6,000 square feet
in size.
(7)
The lease for the individual storage units shall contain at
least the following restrictions:
(8)
Parking. One space for each five storage units, or if the size
and number of units is flexible, one space for each 2,000 square feet
of gross floor area. These parking spaces should be distributed equally
throughout the storage area. If a manager's living quarters are included,
two additional spaces are required. One additional space for each
25 storage compartments, or, if the size and number of units is flexible,
one space for each 10,000 square feet of gross floor area to be located
at the project office for use by prospective clients.
X.
Quarry activities shall be subject to the Surface Mining Act, 52
P.S. § 3301 et seq., and the following provisions:
(1)
Landscaping and Screening. There shall be a berm around the perimeter of the quarry, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer that 50 from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with requirements for a Type 1 buffer pursuant to § 22-520, Subsection 1D and .E, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22]. Erosion control measures shall be in accordance with the Subdivision Ordinance. [Chapter 22]
(2)
Fencing. A chain-link type fence at least six feet in height,
surmounted by three strands of barbed wire, shall be provided around
the perimeter of the quarry and maintained in a constant state of
good repair. Appropriate warning signs shall be mounted or posted
along the fence at intervals of not more than 100 feet. The fence
shall be set back at least 15 feet from any property line or street
line.
(3)
Slope of Excavation. The quarry walls shall be sloped in accordance
with the provisions of Pennsylvania Surface Mining Conservation and
Reclamation Act, 52 P.S. § 1396.1 et seq., and the rules
and regulations adopted pursuant thereto. No slope shall be maintained
exceeding the normal limiting angle of repose of the material in which
the excavation or extraction should be made. No under cutting shall
be permitted within any required setback area.
(4)
Setback. Extraction shall not be conducted closer than 200 feet
to a property line nor closer than 300 feet from the street line,
nor closer than 400 feet to the point of intersection of the street
line. The setback area shall not be used for any other use in conjunction
with extraction except: access streets, berm, screening, directional
signs, public notice signs identifying the excavation, business signs
identifying the occupant, and buildings and structures in conformity
with the applicable provisions of this chapter.
(5)
Lateral Support. All operations shall be conducted with sufficient
lateral support to be safe with respect to: (a) hazard to persons,
(b) physical damage to adjacent lands or improvements, or (c) damage
to any street, sidewalk, parking area, or utility by reason of slide,
sinking or collapse.
(6)
Stockpiles. Stockpiles shall not exceed 100 feet in height and
the toe of the slope shall not be located closer than 200 feet from
any property line nor closer than 300 feet from the street line.
(7)
Drainage. All drainage from the site of extractive operations
shall be controlled by dikes, barriers, or drainage structures sufficient
to prevent any silt, debris, or other loose materials from filling
any existing drainage course or encroaching on streets and adjacent
properties.
(8)
Control of Vibration. Ground vibration caused by blasting or
machinery shall not exceed the limits established by the Act of July
10, 1957, P.L. 685, as amended, 73 P.S. §§ 164–168,
and the rules and regulations adopted thereunder, with the exception
that blasting shall not cause a peak particle velocity greater than
one inch per second, measured at any property line or street line.
(9)
Operations. The mixing of rock materials with asphaltic oils
or other binders for road building and construction purposes shall
only be permitted as a conditional use.
(10)
Internal Circulation. An adequate internal circulation pattern
of streets shall be maintained between excavation and processing areas.
The use of public streets shall not be permitted for hauling between
extraction and processing.
(11)
All necessary precautions must be taken to ensure the safety
of motorists traveling on any public highway intersected by any internal
circulation pattern. These precautions shall include, but not be limited
to, the following items:
(a)
Stop signs shall be placed at the intersection of all internal
roadways with public highways, halting all internal traffic in any
direction before the crossing of the public highway.
(b)
Street signs as permitted by PennDOT on all public highways
intersected by internal roadways, at a point 150 feet from the intersection
of the public highway indicating that caution should be observed and
that trucks will be crossing 150 feet from the signs.
(c)
Caution lights as permitted by PennDOT are to be provided, having
at least two blinking yellow lights sufficient to attract the attention
of a passing motorist, attached to a sign advising that caution should
be observed due to a truck crossing ahead, and the signs shall be
at a distance of 300 feet from the intersection of the public highway
and internal roadway, or less if necessary, so that one sign faces
each direction of travel upon the public highway.
(12)
Permits Required. The operator shall, within six months of the
effective date of this chapter, obtain a use and occupancy permit
in accordance with the following requirements.
(a)
Requirements for Such Permits. No extraction shall commence
or continue on a site within a district in which the operation of
a quarry is permitted unless a use and occupancy permit has been duly
issued. Therefore, such permits shall be required prior to any of
the following:
1)
The removal or extraction of clay, rock, and or
minerals.
2)
The process of crushing or grading of stone, sand,
clay or other minerals.
3)
The leaching of minerals from clay, rock or sand.
4)
The use of portion of the site for truck loading
and unloading of clay, rock, sand or minerals.
5)
The stockpiling of stone, sand, clay or other materials.
(b)
Application for Such Permits. All applications for such permits
shall be made to the Zoning Officer in writing to ascertain compliance
with this chapter.
(c)
Issuance of Such Permits. No such permits shall be issued until
the Zoning Officer has received the following:
1)
A copy of all reports and permits, except for financial
and test bore data, as required by the Pennsylvania Surface Mining
Act, 52 P.S. § 1396.1 et seq., to be maintained and renewed
by the Pennsylvania Department of Environmental Protection, Bureau
of Abandoned Mine Reclamation, on an annual basis. Such reports and
permits shall have been submitted and/or issued within one year of
the date of application for such permit.
2)
A contour plat, drawn to a scale of 100 feet to
the inch and contour intervals of five feet, showing:
a)
The legal outbound as described in the deed and
all adjacent tax parcels.
b)
The zoning district boundary line.
c)
The existing excavation pit, if applicable, and
proposed location and extent of the pit or lake.
d)
The location of all existing and proposed overburden.
e)
The location of all structures including all residences
on adjacent parcels.
f)
All setback and yard requirements.
g)
All existing and proposed access points and internal
circulation.
(d)
Annual Renewal of Such Permits and Fees.
1)
All quarries, whether or not such quarries have
been in operation prior to the adoption of this chapter, must obtain
the use and occupancy permits for mining extraction and pay an annual
fee to the Township before January 15 beginning with the year following
the year in which a permit for the operation of a quarry has been
secured.
2)
Upon receiving such application the Township Engineer
shall inspect the site to determine that the operation is in conformance
with the Department of Environmental Protection, Bureau of Surface
Mine reclamation annual permit and reports, and the required setbacks
and all other provisions of this chapter. The Township Engineer shall
submit his written findings to the Board of Supervisors. If the Board
of Supervisors finds that the application for an annual permit conforms
with the chapter, an annual use and occupancy permit for mining extraction
shall be issued. If the Board of Supervisors finds that the application
does not conform with the requirements of this chapter, the Board
of Supervisors shall authorize the Zoning Officer to issue a cease
and desist order as provided within this chapter until such violation
is corrected.
(13)
Parking. Off-street parking spaces shall be provided as the
Board of Supervisors determine to be adequate to serve customers,
employees, visitors, and vehicles normally parked on the premises.
Y.
Recycling and Refuse Facility.
(1)
The storage of two or more motor vehicles not having valid inspection
stickers issued by the Pennsylvania Department of Transportation,
excluding farm vehicles, or two or more wrecked or broken vehicles,
or the major parts of two or more such vehicles, shall be deemed to
make the lot a recycling or refuse facility.
(2)
The land area used for such purposes shall not be exposed to
public view from any residence or public street.
(3)
Such uses shall be entirely enclosed by a solid fence or wall,
at least six feet high and constructed of wood, brick, cinder block
or concrete, with access only through solid gates. Such fence or wall
shall be kept in good repair, and except for a brick wall neatly painted
in a uniform color.
(4)
A dense evergreen tree buffer planting strip shall be provided on the outside perimeter of the fenced area. Evergreen trees shall be at least six feet in height and planted on nine feet centers in two staggered rows. All landscaping shall be in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].
(5)
The contents of such use shall not be placed or deposited to
a height greater than the height of the fence or wall herein prescribed.
(6)
The storage of paper shall be within a building.
(7)
Dumping of trash, landfill operations and/or burning of any
related materials shall be prohibited.
(8)
The area where processing occurs shall be sealed to prevent
groundwater contamination and shall provide goundwater monitoring
wells as required and approved by the Township.
Z.
Solid Waste Landfill.
(1)
Operation of any solid waste landfill shall at all times be
in full compliance with the Statutes of the Commonwealth of Pennsylvania,
and the Rules and Regulations of the Department of Environmental Protection
and the provisions of this chapter. In the event that any of the provisions
of this part are less restrictive than any present or future rules
or regulations of the Department, the more restrictive Department
rules or regulations shall supersede and control the operations of
such solid waste landfill.
(2)
Suitable measures to prevent fires shall be taken by means and
devices mutually approved by the Department of Environmental Protection
and the Township.
(3)
A solid waste landfill operation shall be under the direction
at all times of a responsible individual who is qualified by experience
or training to operate a landfill.
(4)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every solid waste landfill shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
(5)
Unloading of waste shall be continuously supervised.
(6)
Measures shall be provided to control dust. To control blowing
paper, a fence shall be erected with a minimum height of six feet
with openings not more than three inches by three inches along any
boundary over which such a nuisance may be spread. The entire area
shall be kept clean and orderly. Cracks in, depressions, or erosion
of cover shall be repaired daily.
(7)
Hazardous materials, including, but not limited to, highly flammable
materials, explosives, pathological wastes, radioactive materials,
liquids, garbage and sewage, shall not be disposed of in a solid waste
landfill.
(8)
Litter control shall be exercised to confine blowing litter
to the work area and a working plan of clean up of litter shall be
accomplished.
(9)
Salvaging shall be conducted by the operator only and shall
be organized so that it will not interfere with prompt sanitary disposal
of waste or create unsightliness or health hazards. The storage of
salvage shall be controlled in a manner that will not permit the inhabitation
or reproduction of deleterious vectors.
(10)
The entire site, including the fill surface, shall be graded
and provided with drainage facilities to minimize runoff onto and
into the fill, to prevent erosion or washing of the fill, to drain
off rainwater falling onto the fill, and to prevent the collection
of standing water. The operator shall comply with the requirements
of 25 Pa. Code, Chapter 75 and Chapter 102, and applicable Township
ordinance so that there is not adverse off-site impact from the drainage
of surface water.
(11)
A final inspection of the entire site shall be made by the Department
of Environmental Protection and the Township and their authorized
representatives to determine compliance with approved plans and specifications
before the earth-moving equipment is removed from the site. Any necessary
correction work shall be performed before the solid waste landfill
project is accepted as completed. Arrangements shall be made for the
repair of all cracked, eroded and uneven areas in the final cover
during the first two years following completion of the solid waste
landfill.
AA.
Incinerator.
(1)
All incinerator facilities shall conform to the standards set
forth by the Pennsylvania Department of Environmental Protection.
(2)
A written plan of operation delineating procedures to be carried
out for the daily operations, types of wastes to be accepted, method
to be used in disposing of residue, procedures for handling wastes
in the event of emergencies or shutdowns, management of plant discharge
waters, and procedures to be used for evaluating incinerator operations
shall be submitted with the application for permit.
(3)
Upon approval of the plan of operations, construction plans,
specifications, and supporting information, a permit will be used.
A permit shall not be required for private facilities processing less
than 50 pounds per hour average, on-site generated waste, provided
such waste is non-hazardous.
(4)
Any change subsequent to the issuance of the permit shall be
submitted to the Department of Environmental Protection for review
and approval.
(5)
As a minimum, the following information shall be provided and
utilized as a basis for design of the facility. Solid waste characteristics
shall be determined by estimate or sampling and analysis using procedures
acceptable to the Department of Environmental Protection and including
the following:
(a)
Types and volumes of solid waste to be incinerated.
(b)
Data on moisture content.
(c)
Data on volatile matter, fixed carbon, and ash stated as a percent
of total dry weight.
(d)
Heating values expressed as BTU per pound.
(e)
Analysis of wastes which may create special environmental pollution
problems.
(f)
A schematic diagram of the facility indicating the operational
flow pattern, the mechanical components, and a manufacturer's warranty
indicating the capacities, capabilities, and compatibility of the
various parts specified for the facility.
(g)
Other characteristics as may be required by the Department of
Environmental Protection, including, but not limited to, calculations
and shop drawings.
(6)
Incinerator and related structures shall contain all facilities
as required to comply with state and local codes and such utilities
as may be necessary for proper incineration.
(7)
Refuse storage facilities shall be provided to conform with
the operation of the incinerator. They shall be designed to eliminate
nuisances and to facilitate incinerator operations.
(8)
Incinerator effluents shall conform with the following:
(a)
Solids, residue, fly ash, and siftings shall be disposed of
as approved by the Department of Environmental Protection.
(b)
The effluent from an incinerator shall be treated as an industrial
waste and subsequently handled as approved by the Department of Environmental
Protection.
(c)
Gaseous and particulate emissions from an incinerator shall
conform to the prevailing state and local air pollution control codes
and regulations.
(9)
Provision shall be made for temporary storage of bulky and nonincinerable
materials and for removal once each operating day to a disposal site.
(10)
Hazardous wastes may be incinerated only with approval of the
Department of Environmental Protection.
(11)
Performance evaluations shall be made in accordance with the
following:
(a)
An acceptable performance evaluation in which the
installation displays conformity to design specifications shall be
made and submitted to the Department of Environmental Protection within
one year of the date of contract completion by the applicant.
(b)
A suitable performance period not to exceed 180
calendar days shall precede the performance evaluation.
(12)
Availability of operation guides shall be governed in accordance
with the following:
(13)
Housekeeping routines and grounds maintenance shall be performed
regularly to assure that dust and dirt do not accumulate and that
grounds are maintained free of litter or debris.
(14)
Floors shall be drained and free of standing water.
BB.
Solid Waste Management Facility.
(1)
A solid waste management facility may include one or more of the facilities set forth in Subsection 1Y, Z, and AA of this section, and may include any other solid waste management facility permitted by the Department of Environmental Protection. Where facilities set forth in Subsection 1Y, Z, and/or AA of this section are set up, the provisions which shall govern their operation are the respective provisions set forth in Subsection 1Y, Z, and AA of this section.
(2)
Prohibited Activities. The following prohibited activities apply
to any solid waste management facility:
(a)
It shall be unlawful for any person to scavenge any materials
delivered and deposited for disposal except as may be provided for
in the Township's solid waste rules and regulations promulgated under
this chapter.
(b)
It shall be unlawful for any person to salvage or reclaim any
solid wastes except at a properly permitted facility in which salvage
is an integral plan of operation.
(c)
It shall be unlawful to make garbage available for animal consumption
unless such refuse has been heat treated to kill any disease agent
therein.
(d)
It shall be unlawful for any person to use, maintain, or operate
an open dump.
(e)
It shall be unlawful for any person to burn any solid waste
except in a manner and under conditions prescribed by the Township
and such burning shall be in accordance with the pertinent rules and
regulations of the commonwealth.
(f)
It shall be unlawful for any person to throw, place or deposit,
or cause or permit to be thrown, placed or deposited, any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property except as provided in this chapter.
(g)
It shall be unlawful for any person to allow any abandoned vehicle
to remain upon any public property more than 48 hours or on private
property with an expired vehicle license. Salvage yards, specially
licensed historical vehicles, and those vehicles screened from sight
shall not be considered abandoned.
DD.
Riding Academy.
(1)
No manure storage shall be established or maintained closer
than 125 feet from any adjoining property.
(2)
No manure storage or spreading shall be established or maintained
closer than 100 feet from any wells, springs, sinkholes, lakes, ponds,
streams or other watercourse.
(3)
Fencing shall be provided around all pasture and stable areas.
(4)
Any accessory buildings used for shelter or boarding of animals
shall be located not less than 125 feet from any lot line.
(5)
Shelter or stable shall be provided, which shall be of adequate
size sufficient for effective sanitation practices to provide creature
comforts for the animals. All shelter shall have a roof and at least
three enclosed sides.
EE.
Age-Qualified Detached Dwellings.
(1)
Age-qualified detached dwellings is a form of residential use
that is designed and operated for mature adults with or without certain
recreational facilities.
(2)
Every applicant is encouraged strongly to provide accessory
community centers and recreational facilities for the benefit of persons
occupying such dwellings.
(3)
Each applicant shall submit to the Board of Supervisors for
its approval a proposed set of regulations to control such operation,
including definition of age limitations of residents, any other restrictions
to be placed upon the residents or their activities, admissions procedures,
security provisions and setting forth the policy to be used in determining
any charges or fees proposed to be levied on the residents.
(4)
A statement shall also be included with each application setting
forth what particular features and facilities, if any, are being provided
to serve specifically the needs and interests of the age-qualified
residents.
(5)
All applicants for age-qualified detached dwellings must comply
with the requirements set forth for "housing for older persons" in
42 U.S.C. § 3607(b)(2) and 43 P.S. § 954(w), and
shall provide, with the application, proof of how it maintains compliance
with those requirements.
[Added by Ord. No. 2019-002, 1/15/2019]
(6)
Residences shall have no party wall in common with an adjacent
dwelling unit.
[Added by Ord. No. 2019-002, 1/15/2019]
FF.
Car Washing Facilities. An automated or self-serve facility for washing
motor vehicles shall be permitted as an accessory use to a motor vehicle
fuel station.
(1)
Car washing facilities shall provide plans and studies to indicate
adequate parking and stacking, ingress and egress, and internal circulation
at hours of peak use.
(2)
Car washing facilities shall use a water recycling system, which
shall meet all state and federal requirements or standards, including
the removal of suspended particulates.
(3)
Frontage and lot access must be from an arterial road.
(4)
All structures shall be set back 50 feet from all lot lines.
(5)
A car wash may be permitted as a principal use provided that
the dimensional requirements for motor vehicle service center are
met and provide that there is no sale of fuels.
HH.
Village Conversion. The conversion of an existing principal or accessory
residential building into a village retail, village service, village
office, cultural, or religious use.
(1)
Village conversions in existing residential accessory buildings
shall have a minimum first floor area of 400 square feet.
II.
Village Service. A service or repair business including: spas, therapeutic
massage, yoga and the like; traditional service businesses such as
barbers, beauticians, tailors, and the like; arts and crafts studios
or galleries for artists, photographers, potters, and other persons
creating homemade articles; or repair businesses for appliances, televisions,
shoes, bicycles, and small business machines. This use shall not include
the repair and/or servicing of vehicles or tools powered by an internal
combustion engine.
(1)
Village service uses in Carversville Village Commercial (VC-C)
Zoning District — no single service use shall occupy more than
3,000 square feet on a single floor.
JJ.
Village Office. An office which is used and occupied by a business,
professional, or governmental entity.
KK.
Medical Marijuana Dispensary Facility.
An activity or operation owned and operated by a "dispensary," as
that term is defined in Act 16 of 2016, known as the "Medical Marijuana
Act" ("Act").[5] As used in this Subsection 1KK, "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:
[Added by Ord. 2017-6, 8/15/2017]
(1)
A medical marijuana dispensary facility shall be owned and operated
in accordance with all applicable laws and regulations, including
the Medical Marijuana Act and federal memoranda regarding medical
marijuana.
(2)
No medical marijuana dispensary facility shall be located within
1,000 feet of the property line of a public, private, or parochial
school or day-care center.
(3)
A medical marijuana dispensary facility shall be clearly identified
as such in its signage.
(4)
A medical marijuana dispensary facility shall be subject to
quarterly inspection by the Township Zoning Officer or other Township
designee.
(5)
Permit Application Requirements:
(a)
A copy of the permit issued to the dispensary company by the
Pennsylvania Department of Health under the Act.
(b)
Documentation of procedures and measures used or to be used
by by the medical marijuana dispensary facility and its owner and/or
operator to ensure compliance with or to abide by:
[1]
The Medical Marijuana Act;
[2]
Federal memoranda regarding medical marijuana,
including, inter alia, the August 29, 2013, United States Department
of Justice memorandum (known as the "Cole Memorandum"); and
[3]
All other applicable laws and regulations governing
the dispensary company or the medical marijuana dispensary facility,
including the Township's ordinances.
(c)
Documentation that the dispensary company has provided the following
information to the Solebury Township Police Department:
[1]
Contact information [name, phone number(s), e-mail,
mailing address] for two individuals at the medical marijuana dispensary
facility and two individuals of the dispensary company who the Solebury
Township Police Department may contact should suspicions of illegal
activity or other concerns arise regarding the medical marijuana dispensary
facility; and
(6)
Effect on Federal Law. Nothing in this Subsection 1KK shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
LL.
Medical Marijuana Growing/Processing
Facility. An activity or operation owned and operated by a "grower/processor,"
as that term is defined in Act 16 of 2016, known as the "Medical Marijuana
Act" ("the Act").[6] As used in this Subsection 1LL, "grower/processor" shall have the same meaning as the term defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:
[Added by Ord. 2017-6, 8/15/2017]
(1)
A medical marijuana growing/processing facility shall be owned
and operated in accordance with all applicable laws and regulations,
including the Medical Marijuana Act and federal memoranda regarding
medical marijuana.
(2)
No medical marijuana growing/processing facility shall be located
within 1,000 feet of the property line of a public, private, or parochial
school or day-care center.
(3)
A medical marijuana growing/processing facility shall be clearly
identified as such in its signage.
(4)
A medical marijuana growing/processing facility shall be subject
to quarterly inspection by the Township Zoning Officer or other Township
designee.
(5)
Permit Application Requirements:
(a)
A copy of the permit issued to the grower/processor by the Pennsylvania
Department of Health under the Medical Marijuana Act.
(b)
Documentation of procedures and measures used or to be used
by the medical marijuana growing/processing facility and its owner
and/or operator to ensure compliance with or to abide by:
[1]
The Medical Marijuana Act;
[2]
Federal memoranda regarding medical marijuana,
including inter alia, the August 29, 2013, United States Department
of Justice memorandum (known as the "Cole Memorandum"); and
[3]
All other applicable laws and regulations governing
the grower/processor or the marijuana growing/processing facility,
including the Township's ordinances.
(c)
Documentation that the grower/processor has provided the following
information to the Solebury Township Police Department:
[1]
Contact information [name, phone number(s), e-mail,
mailing address] for two individuals at the medical marijuana growing/processing
facility and two individuals of the grower/processor who the Solebury
Township Police Department may contact should suspicions of illegal
activity or other concerns arise regarding the medical marijuana growing/processing
facility; and
(6)
Effect on Federal Law. Nothing in this Subsection 1LL shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
MM.
Dog Daycare. This use is subject to the following conditions:
[Added by Ord. 2018-004, 3/6/2018; amended by Ord. No. 2018-010,
12/11/2018]
(1)
All such facilities shall be ooperated in accordance with all
applicable state and federal laws and regulations, including laws
on licensing, facility, and standards of care for animals, and boarding
facility/kennel standards.
(2)
The total number of dogs at any one time shall not exceed three
dogs per acre.
(3)
All runways or other areas where dogs are kept or exercised
outdoors shall be totally screened by opaque fencing or plantings.
(4)
All such facilities shall comply with all applicable dimensional
requirements of the district.
(5)
All dogs must be housed inside from the hours of 10:00 p.m.
to 7:00 a.m.
NN.
Farm Animal Veterinary Care Facility. This use is subject to the
following conditions:
[Added by Ord. 2018-004, 3/6/2018]
(1)
All such facilities shall be operated in accordance with all
applicable state and federal laws and regulations, including laws
on licensing, facility, and standards of care for animals, and boarding
facility/kennel standards.
OO.
Bed-and-Breakfast Inn/Small Short-Term Lodging Facility.
[Added by Ord. 2018-005, 6/19/2018]
(1)
Any living quarters for a resident innkeeper shall have its
own bathroom.
(2)
Housekeeping services shall be provided to guests.
(3)
There shall be no separate kitchen or cooking facilities in
any guest room.
(4)
Food service, if provided by the inn/facility, shall be limited
to guests of the inn/facility.
(5)
No zoning approval shall be granted unless the applicant has
a valid County Department of Health permit. The total number of bedrooms
(for residents and guests) in the bed-and-breakfast inn/small short-term
lodging facility shall not exceed the number of bedrooms that the
sewage system was designed to accommodate. If the proposed use is
to be served by a public sewage system, the applicant shall submit
documentation from the servicing authority that the proposed use will
be served.
(6)
A bed-and-breakfast inn/small short-term lodging facility use
shall be limited to one nonilluminated sign that shall comply with
regulations as set forth in Part 24. The design of the sign shall
be submitted with the permit application.
(7)
One off-street parking space per guest bedroom shall be provided
on the premises, in addition to other off-street parking spaces required
by this chapter.
(8)
Prior to any zoning permit issuance, applicants shall demonstrate
compliance with all other applicable laws and ordinances, including
those regulating signage, parking, and lighting. Where the bed-and-breakfast
inn/small short-term lodging facility is proposed to be accessory
to an existing use, the applicant must demonstrate that the existing
use is in compliance with all applicable laws and ordinances also.
(9)
A permit issued for this use shall have a life of one year.
The permit may be renewed annually, without the necessity of a new
conditional use application and approval, provided that the Zoning
Officer and Code Enforcement Officer have inspected the use, including
capacity for any on-lot sewage disposal system, and found the use
to be in compliance with all applicable ordinances and any conditions
imposed by the Board of Supervisors when approving a conditional use.
PP.
Hotel, Motel, or Inn/Large Short-Term Lodging Facility.
[Added by Ord. 2018-005, 6/19/2018]
(1)
Any living quarters for a resident innkeeper shall have its
own bathroom.
(2)
Housekeeping services shall be provided to guests.
(3)
Any in-room kitchen or cooking facilities (e.g., in suite-style
rooms) shall be inspected after each guest's departure to ensure that
all equipment is properly working and does not present a fire or explosion
risk.
(4)
No zoning approval shall be granted unless the applicant has
a valid County Department of Health permit. The total number of bedrooms
(for residents and guests) in the hotel, motel, or inn/large short-term
lodging facility shall not exceed the number of bedrooms that the
sewage system was designed to accommodate. If the proposed use is
to be served by a public sewage system, the applicant shall submit
documentation from the servicing authority that the proposed use will
be served.
(5)
Prior to any zoning permit issuance, applicants shall demonstrate
compliance with all other applicable ordinances, including those regulating
signage, parking, and lighting.
(6)
Hotel, motel, or inn/large short-term lodging facility uses
containing restaurants shall comply with all provisions of this chapter
applicable to restaurants, as well as all other laws and regulations
applicable to restaurant/food service facilities.
(7)
A permit issued for a hotel, motel, or inn/large short-term
lodging facility shall have a life of one year. The permit may be
renewed annually, without the necessity of a new conditional use application
and approval, provided that the Zoning Officer and Code Enforcement
Officer have inspected the use, including capacity for any on-lot
sewage disposal system, and found the use to be in compliance with
all applicable ordinances and any conditions imposed by the Board
of Supervisors when approving a conditional use.
QQ.
Banquet, Catering, or Event Use.
[Added by Ord. 2018-005, 6/19/2018]
(1)
At the time of application, an applicant shall submit documentation
or other evidence with its application of the following:
(a)
Sufficient on-site parking for proposed events.
(b)
Sufficient sewage facilities for proposed events, and that no
adverse effects from sewage management and/or disposal will result
to neighbors or nearby natural resources. If the applicant intends
to rely on a private service such as a port-o-john company, it shall
produce evidence, at the time of application, of an agreement with
such company for proposed events.
(c)
Sufficient security, emergency access, road access, traffic
control, trash disposal, noise control and cleanup will be provided
for proposed events. Such items must be provided as part of each proposed
event. All other provisions of the Township's ordinances, including
noise, light, and glare control, continue to apply. The Township reserves
the right to enjoin or shut down any event that poses a nuisance.
(d)
Documentation of a valid County Department of Health permit.
(e)
Proof of compliance with all applicable alcohol laws and licensing
requirements.
(f)
For large, regular activities seeking approval as a banquet,
catering, or event use and that pose risks such as, but not limited
to, events involving alcohol, pyrotechnics, and mechanical or livestock
amusements, proof of adequate property damage and liability insurance
when proof is requested by the Township.
(g)
Any additional information requested by the Township to process
the application or determine if the use is consistent with this chapter.
(3)
No fireworks or other pyrotechnics may be used as part of banquet,
catering, or event uses, except in the RC and TNC Districts. If a
banquet, catering, or event use plans to allow fireworks or other
pyrotechnics events, it shall state that in its application, and provide
proof of all necessary approvals with the application.
(4)
The applicant and those organizing and/or attending proposed
events are solely responsible for ensuring compliance with federal,
state, and local laws, including those on the furnishing and consumption
of alcohol. No permit approval by the Township relieves the applicant
and those organizing and/or attending proposed events of liability
for illegal activity, property damage, or other similar occurrences.
(5)
Events conducted outdoors (including outdoor components of indoor/outdoor
events) shall begin no earlier than 7:00 a.m. and shall end no later
than 12:00 midnight. Cleanup and teardown outdoors may occur until
1:00 a.m., provided these activities are carried out in a manner that
respects the occupants of surrounding properties and their right to
the peaceful and quiet enjoyment of their properties.
(6)
A permit issued for a banquet, catering, or event use shall
have a life of one year. The permit may be renewed annually, without
the necessity of a new application, provided that the Zoning Officer
and Code Enforcement Officer have inspected the use, including capacity
for any on-lot sewage disposal system, and found the use to be in
compliance with all applicable ordinances and any conditions imposed
by the Board of Supervisors when approving a conditional use.
RR.
Permanent Facilities for Sale of Consumer Fireworks.
[Added by Ord. No. 2018-006, 7/17/2018]
(1)
"Consumer fireworks" and "display fireworks" shall have the
same meaning as the terms in Act 43 of 2017.
(2)
Permanent facilities for sales of consumer fireworks may only
be permitted in accordance with the following conditions:
(a)
The facility must be licensed by the Pennsylvania Department
of Agriculture.
(c)
The facility must be a stand-alone permanent structure.
(d)
Storage areas shall be separated from wholesale or retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation.
(e)
The facility shall be located no closer than 250 feet to a facility
selling or dispensing gasoline, propane or other flammable products.
(f)
The facility shall be located at least 1,500 feet from another
facility licensed to sell consumer fireworks.
(g)
The facility shall have a monitored burglar and fire alarm system.
(h)
Quarterly fire drills and preplanning meetings shall be conducted
as required by the local volunteer fire department with jurisdiction
over the site of the proposed facility.
(i)
The facility shall be constructed, maintained, and operated
in accordance with all Pennsylvania Department of Agriculture requirements
and all standards set forth in Act 43 of 2017,[8] including, but not limited to, the following:
1)
There shall be security personnel on the premises
for the seven days preceding and including July 4 and for the three
days preceding and including January 2.
2)
No smoking shall be permitted in the facility.
3)
No cigarettes or tobacco products, matches, lighters
or any other flame-producing devices shall be permitted to be taken
into the facility.
4)
No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the adult
in the facility.
5)
All facilities shall carry at least $2,000,000 in
public and product liability insurance.
6)
A licensee shall provide its employees with documented
training in the area of operational safety of a facility. The licensee
shall provide proof to the Township that it has provided written documentation
to the Department of Agriculture that each employee has received the
training.
7)
No display fireworks shall be stored or located
at a facility.
8)
No person who appears to be under the influence
of intoxicating liquor or drugs shall be admitted to the facility,
and no liquor, beer or wine shall be permitted in the facility.
9)
Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
[8]
Editor's Note: See 72 P.S. § 9401 et seq.
(3)
The facility shall comply with the lot dimensional, area, and
parking requirements of the TNC District, as applicable, including
but not limited to setbacks and buffers, with the exception of the
following:
(4)
Application for Permit. An applicant for permanent sales of
consumer fireworks shall submit an application for a conditional use
that contains, at a minimum, the following:
(a)
Pennsylvania Department of Agriculture license.
(b)
Proof of at least $2,000,000 in public and product liability
insurance.
(c)
Emergency evacuation plans.
(d)
A site plan demonstrating compliance with setback requirements.
(e)
Evidence of procedures to ensure compliance with Pennsylvania
Department of Agriculture requirements, including, but not limited
to, prevention of smoking in the facility, security measures, and
restriction of unaccompanied minors in the facility.
SS.
Temporary Facilities for Sale of Consumer Fireworks.
[Added by Ord. No. 2018-006, 7/17/2018]
(1)
CONSUMER FIREWORKS, and APA 87-1
OUTDOOR STORAGE UNIT
TEMPORARY STRUCTURE
Definitions. As used in this Subsection, the following terms
shall have the meanings indicated:
[Amended by Ord. No. 2019-004, 4/16/2019]
Shall have the same meanings as in Act 43 of 2017.
A consumer fireworks building, trailer, semitrailer, metal
shipping container, or magazine meeting the specifications of the
Pennsylvania Construction Code Act,[9] the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail stands, tents, canopies, and membrane structures meeting the
specifications of the Pennsylvania Construction Code Act, the Uniform
Construction Code, and the Township's ordinances in effect at the
time of the application. The term shall not include a facility that
is not licensed to sell consumer fireworks under federal and/or state
law.
[9]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(2)
Temporary facilities for sales of consumer fireworks are only
permitted as accessory to commercial uses.
(3)
Temporary facilities for sales of consumer fireworks may only
be permitted in accordance with the following conditions:
[Amended by Ord. No. 2019-003, 3/19/2019]
(b)
The temporary structure is located no closer than 250 feet to
a facility storing, selling or dispensing gasoline, propane or other
flammable products.
(c)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(d)
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
(e)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
(f)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(g)
Consumer fireworks not on display for retail sale must be stored
in an outdoor storage unit.
(h)
The facility must have a current evacuation plan that complies
with the specifications of the Pennsylvania Construction Code Act,
the Uniform Construction Code, and the Township's ordinances in effect
at the time of the application, including all posting requirements.
(4)
The facility shall comply with the lot dimensional, area, and
parking requirements of the TNC zoning district, including but not
limited to setbacks and buffers, with the exception of the following:
(5)
No smoking, cigarettes, tobacco products, matches, lighters,
or other flame-producing devices shall be permitted within the temporary
facility.
(6)
No minor shall be permitted in the temporary facility unless
accompanied by an adult at all times.
(7)
No person who appears to be under the influence of intoxicating
liquor or drugs shall be admitted to the facility, and no liquor,
beer or wine shall be permitted in the facility.
(8)
Application for Permit. An applicant for temporary sales of
consumer fireworks shall submit an application for a special exception
that contains, at a minimum, the following:
[Amended by Ord. No. 2019-004, 4/16/2019]
(a)
All federal and state licenses required for the facility to
operate.
(b)
Proof of at least $2,000,000 in public and product liability
insurance.
(c)
Emergency evacuation plans.
(d)
A site plan demonstrating compliance with setback requirements.
(e)
All application materials and permit decisions from the Township's
Code Enforcement Officer and/or fire code official regarding the proposed
facility's compliance with the Pennsylvania Construction Code Act,[11] the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application.
[11]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(f)
Evidence of procedures to ensure compliance with the requirements
set forth above, including, but not limited to, prevention of smoking
in the facility, security measures, and restriction of unaccompanied
minors in the facility.
TT.
Nonfamily Community Residential Facility.
[Added by Ord. No. 2019-002, 1/15/2019]
(1)
A nonfamily community residential facility must meet all the requirements of § 27-2602, Subsection 1D, with the exception of the ambulance access location requirements in § 27-2602, Subsection 1D(6) if regular ambulance visits are not anticipated as part of the use. If apartment buildings are incorporated into the facility, they shall be no higher than two stories, instead of the height specified in § 27-2602, Subsection 1D(2)(d).
(2)
There shall be no more than two people per bedroom.
UU.
Medical Office/Wellness Center/Health Clinic.
[Added by Ord. No. 2019-002, 1/15/2019]
(1)
A medical office/wellness center/health clinic must meet all
applicable licensing and inspection regulations of the county, state,
and federal government.
(a)
Proof of any required licensing shall be submitted with applications
for a medical office/wellness center/health clinic.
(b)
Proof of compliance with all applicable county, state or federal
regulations shall be filed with the Township prior to the issuance
of a zoning permit and a use and occupancy permit.
(c)
All renewals, amendments or new licenses shall be filed with
the Township as they are issued.
(2)
All other applicable provisions of the Township's Code of Ordinances
shall apply, including but not limited to lighting and traffic control
regulations.
[Ord. 94, 6/8/1988, § 1902; as amended by Ord.
113, 1/16/1990, § 80; by Ord. 131, 8/20/1991, § 1;
by Ord. 138, 5/26/1992, § 46; by Ord. 153, 5/3/1994, § 1;
by Ord. 163, 2/4/1997, § I.5, .6; by Ord. 168, 3/3/1998,
§ II.1; by Ord. 178, 6/15/1999, § II; by Ord.
195, 10/1/2002, § I.5, .6; by Ord. 200, 3/18/2003, § II;
by Ord. 2011-4, 5/3/2011, Art. XLI; by Ord. 2011-7, 6/21/2011, Art.
VII; and by Ord. 2012-2, 5/15/2012, Art. XIII]
1.
Accessory uses, buildings and structures shall include, but not necessarily
be limited to the following:
A.
Uses, Buildings and Structures Accessory to Agriculture.
(1)
The storage, processing and sale of farm products by the owner,
lessee or tenant of the property provided that: at least 50% of the
farm products are produced on the premises where stored, processed
or sold, or produced by the seller; and provisions for parking and
safe ingress and egress shall be provided.
(2)
Agricultural structures such as fencing, sheds and the like.
B.
Uses, Buildings, and Structures Accessory to Dwellings.
(1)
Detached private garage, private parking space, private stable,
barn, shed, shelter for pets owned by the property owner, swimming
pool, tennis court, bathhouse, private greenhouse, and individual
backyard composting facility.
[Amended by Ord. 2018-004, 3/6/2018]
C.
Accessory Use Structures in Yards. In any district, unless otherwise
specified, accessory use structures or buildings may be located, erected
or maintained in the side yard, or in any rear yard, provided that
in no case shall such accessory use structure or building be closer
to any lot line than 15 feet, except for:
(1)
Fences or walls.
(2)
A shared driveway for no more than two lots which may straddle
property lines, when approved by the Board of Supervisors. A driveway
which is not shared shall be located no less than 12 feet from any
side or rear lot line, except in the R-1, VR, VC, VC-1, VR-C, VC-C,
and RD-C Districts or where the open space option is used in the RA,
RB, and RD Districts:
(a)
In the R-1, VR, VC, VC-1, VR-C, VC-C, and RD-C Districts a driveway
which is not shared shall be located no less than five feet from any
side or rear lot line.
(b)
Where the open space option is used in the RA, RB, and RD Districts, a driveway which is not shared shall be located no less than five feet from any side or rear lot line. This five-foot setback shall not apply to narrow lots; such lots being subject to the twelve-foot setback. The twelve-foot requirement of this subsection may be reduced by condition attached to a conditional use approval under the open space option of Part 28.
(3)
Structures for which no other viable location exists, when approved
by the Board of Supervisors as a conditional use.
(4)
No accessory uses, buildings or structures shall be located
or placed in any drainage swale or basin.
D.
Swimming Pools. Swimming pools permitted as an accessory use shall
comply with the following conditions and requirements:
(1)
The swimming pool shall be used solely for the enjoyment of
the occupants of the principal permitted use of the property on which
it is located and their guests, and shall not be operated commercially
so as to charge a fee for the use of the swimming pool.
(2)
Noncommercial swimming pools designated to contain more than
18 inches of water shall be erected in conformity with the following
requirements:
(a)
A permit shall be required to locate, construct or maintain
a noncommercial swimming pool.
(b)
Swimming pools and buildings related to the pool may be located
in the rear or side yard, but shall not be closer to any rear or side
lot line than the distance of the required building setbacks of the
district in which it is proposed. Any walks, paved areas or open decks
related to the pool shall be no closer than 20 feet to any rear or
side lot line. The swimming pool may be located between the principal
dwelling and a street line provided the pool is not located within
the minimum required front yard setback.
E.
Tennis Courts. A tennis court, fences and related lighting may be
located in either a rear or side yard and shall not be closer to a
rear or side lot line than the distance of the required building setbacks
of the District in which is it proposed. Tennis court fences shall
be permitted, but shall not exceed 12 feet in height. A tennis court
may be located in the front yard if it is no closer than 300 feet
from the front lot line.
F.
Microwave Antennas for Satellite Communication. All parabolic ground
based reflectors, together with the pedestal and any other attachments
and parts, commonly referred to as a dish shaped antenna, used or
intended to receive radio or electromagnetic waves from an overhead
satellite shall conform to the following:
(1)
The diameter of a ground based reflector shall not exceed 12
feet.
(2)
The entire structure, including the microwave antenna, shall
not exceed 15 feet in height.
(3)
Any such structure which is placed in the rear or side yard
shall be no closer than 20 feet to the property line; any such structure
which is placed in the front yard shall be no closer than 300 feet
from the property line.
(4)
No more than one microwave antenna shall be permitted on any
lot.
(5)
Before erecting any such structure, a building permit shall
be obtained.
(6)
Every such structure shall be screened by evergreen trees with
a minimum height of six feet; provided however, that nothing contained
herein shall require the planting of trees which interfere with the
reception of the satellite communication.
G.
Incidental Temporary Structure or Use.
[Amended by Ord. 2018-005, 6/19/2018]
(1)
The Zoning Officer may issue a permit for an incidental temporary
structure or use for a period not to exceed one year.
(2)
The permit may be renewed annually for an aggregate period of
not more than three years.
(3)
All structures and/or uses permitted must be completely removed
at no cost to the Township upon completion of construction or permit
expiration, whichever occurs first.
H.
Livestock, Horse and Pony Regulations. The following requirements
shall govern the keeping of livestock and the keeping of horses or
ponies, for recreational purposes:
[Amended by Ord. 2017-7, 8/15/2017]
(1)
The total number of livestock and poultry animals permitted
on any lot shall be computed according to the total number of acres
comprising the lot and the number of acres required per animal.
(2)
The total number of acres required to keep livestock and poultry
must be equal to the total required acreage for the proposed combination
of livestock and poultry as referenced in the table below and as provided
for in Parts 4 and 6.
(3)
Animals not referenced in the following table shall be judged
according to the requirements for animals of a similar type by the
Board of Supervisors.
|
Mature Livestock, Poultry
|
Acres Required Per Animal
| |
|---|---|---|
|
Horse
|
1.0
| |
|
Cow, beef cattle
|
1.0
| |
|
Sheep, goats
|
0.25
| |
|
Swine
|
0.25
| |
|
Poultry
|
0.01
|
(4)
No person owning or having in his/her custody livestock or poultry
shall maintain such so as to create any health or safety hazard.
(5)
Shelter and Fenced Area Requirements.
(a)
Every landowner shall provide a shelter area of a size sufficient
for good sanitation practices and adequate and sanitary drainage therefor
according to the following minimum requirements:
1)
All shelters shall have a roof and at least three enclosed sides.
2)
A shelter area of 120 square feet shall be provided for each
mature horse.
3)
A shelter area of 80 square feet shall be provided for each
pony, mule, donkey, cow or other similar livestock animal.
4)
A shelter area of 20 square feet shall be provided for each
sheep or other livestock animal of similar size.
5)
A shelter area of one square foot shall be provided for each
poultry animal.
(b)
Every landowner shall provide a fenced area around any pasture
and shelter, and shall make provisions for sanitation practices and
sanitary drainage.
(c)
Every landowner shall utilize fencing for the containment of
animals in accordance with the recommendations of the Bucks County
Agricultural Agent.
(d)
Any buildings used for the shelter or housing of livestock or
poultry shall be located not less than 100 feet from any lot line.
I.
Home Occupation.
(1)
A home occupation shall be permitted, provided that the principal
person engaged in the home occupation is the resident of the dwelling
unit. Such home occupation shall be incidental and secondary to the
use of the property as a residence and is limited to those occupations
listed below.
(2)
Occupations which may be authorized as an accessory use include
occupations which are lawfully conducted for pecuniary gain by a resident
within the dwelling unit. A home occupation shall not be interpreted
to include such facilities as: bed-and-breakfast inn/small short-term
lodging facility, day-care center, funeral home, kennel, a barber
or beautician; or similar use of a commercial nature. A home occupation
includes: service activities such as a tailor or seamstress, a teacher
or tutor; an artist or craftsman; and activities which may involve
the sale of items produced, improved or made on the premises such
as herbs, antiques, clothing and other goods.
[Amended by Ord. 2018-005, 6/19/2018]
(3)
In addition to the occupant family members, no more than one,
or the equivalent of one full-time, nonresident employee shall be
employed on the premises.
(4)
The area of the dwelling used for the home occupation shall
be no more than 25% of the total net floor area of the dwelling unit,
or 750 square feet, whichever is less.
(5)
No manufacturing, repairing or other mechanical work, performed
in connection with such home occupation, shall be performed in any
outdoor area. Such activity shall be conducted in such a way that
no noise, odor, vibration, electromagnetic interference or smoke shall
be noticeable at or beyond the property line.
(6)
No storage of materials or products shall be permitted in outdoor
areas.
(7)
No external alterations shall be permitted to the dwelling unit
except those customarily conducted for residential buildings.
(8)
Signs or outside advertisement may be permitted only in accordance
with the provisions of Part 24.
(9)
The operation of any home occupation involving the physical
presence of customers, clients or other business visitors shall be
limited to 7:00 a.m. to 9:00 p.m.
J.
Child Day Care. A child day care use is a facility in which care
is provided for six or fewer children at any one time.
(1)
A child day care use is permitted only in a single-family detached
dwelling as an accessory home occupation use.
(2)
Licensing, Approval and Permit Procedures. Prior to the granting
of a permit by the Zoning Officer, the applicant must obtain a license
from the Department of Public Welfare, Bureau of Child Development
Programs.
(3)
An outdoor play area of at least 2,000 square feet of contiguous
area shall be provided as a recreational area for the children. This
area shall not include any impervious surfaces or parking areas. The
outdoor play area shall be enclosed by a six-foot high fence and shall
be located to the side or rear of the lot.
(4)
If a child day care use is located adjacent to a nonresidential
use, a parking lot, or on a street classification higher than a residential
access street, the outdoor play area, must be enclosed by a fence
deemed appropriate by the Township. The outdoor play area shall be
located to the side or rear of the property.
(5)
No more than one person other than members of the immediate
family of the resident may be employed.
(6)
Parking Standards. In addition to the off-street parking required
for a single-family dwelling unit, at least three additional off-street
parking spaces shall be provided.
K.
Home Professional Office.
(1)
In residential districts, all dwelling-units may be used for
a home professional office, except that this use may only be permitted
as conditional use in the RD District.
(2)
A home professional office may be permitted if the principal
person using the office is the resident of the dwelling unit. Such
office shall be incidental or secondary to the principal use of the
property as a residence.
(3)
Professions for which an accessory use office may be operated
in a residentially-zoned dwelling may only include a physician, attorney,
dentist, accountant, architect, professional engineer, or similar
professional. A professional office shall not be interpreted to include
a barber shop, beauty shop, hair stylist or a funeral home.
(4)
Off-street parking spaces, in accordance with Part 23, are required
when a home professional office is operated as an accessory use in
a dwelling. Such parking shall be screened from the view of surrounding
dwellings with landscaping approved by the Township.
(5)
In addition to the occupant, no more than two, or the equivalent
of two, full-time employees shall be employed at a home professional
office operated as an accessory use in a dwelling.
(6)
The area used for a home professional office shall occupy no
more than 25% of the total net floor area of the dwelling unit or
750 square feet whichever is less.
(7)
No storage of materials or products shall be permitted in outdoor
areas.
(8)
No external alterations shall be permitted to the dwelling unit
which are not consistent with the principal residential character
and design.
(9)
Signs or outside advertisement may be permitted only in accordance
with the provisions of Part 24.
(10)
The operation of any home professional office involving the
physical presence of customers, clients or other business visitors
shall be limited to 7:00 a.m. to 9:00 p.m.
M.
No-Impact Home-Based Businesses.
(1)
The business or commercial activity being conducted as a no-impact,
home-based business must satisfy all of the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(2)
A no-impact home-based business shall be permitted by right
as an accessory use in all residential zoning districts, except that
such permission shall not supersede any deed restriction, covenant
or agreement restricting the use of land, nor any master deed, by-law
or other document applicable to a common interest ownership community.
N.
Dwelling in Combination with a Business. A live/work dwelling unit
which contains a compatible commercial accessory use such as a gallery,
studio, or facilities for classes.
(1)
These uses shall minimize any possible negative impacts to adjacent
properties.
[A.O.]
O.
Individual Backyard Composting Facility.
[Added by Ord. 2018-004, 3/6/2018]
(1)
All individual backyard composting facilities shall be operated
in compliance with all Department of Environmental Protection regulations,
including registration and permitting requirements;
(2)
In no event shall individual backyard composting facilities
exceed 1,000 square feet;
(3)
No individual backyard composting facility shall contain meat,
dairy products or human or pet feces; and
(4)
All individual backyard composting facilities shall be in the
rear or side yard and shall have a fifteen-foot minimum setback.
[Ord. 94, 6/8/1988, § 1903]
1.
The Board of Supervisors may permit the conversion of a building
existing at the time of adoption of this chapter to a dwelling for
more than one family in the RA, RB and VR Districts provided that:
A.
The plans for the conversion of said dwelling shall be submitted
to the Board of Supervisors.
B.
Such plans shall provide adequate and suitable parking and screening
in accordance with Part 23.
C.
In order to qualify for conversion, the building must be located
on a lot with an area not less than twice the minimum single-family
lot area of the district. No more than two dwelling units on a lot
shall be created through conversion.
D.
There shall be no external alteration of the building, (except as
may be necessary for reasons of safety) that will disrupt the residential
character of the surrounding area. Fire escapes and outside stairways
shall be located in the rear of the building.
[Ord. 94, 6/8/1988, § 1904]
1.
Carbonate (Limestone) Geology. For areas identified as having carbonate (limestone) geology in the "Conservation and Management Practices for Buckingham and Durham Carbonate Valleys," February 1985, prepared by the Bucks County Planning Commission and International Explorations, Inc., all regulations in § 22-525 of the Township Subdivision and Land Development Ordinance [Chapter 22] and the following shall apply:
A.
Buildings. No principal or accessory building or structure shall
be located closer than 100 feet to the rim of sinkholes, closed depressions,
ghost lakes, surface pinnacles, lineaments, fracture traces, or disappearing
streams.
B.
Underground Storage of Liquid Fuels and Other Hazardous Liquids.
Liquid fuels and other hazardous liquids shall not be stored underground
within or within 200 feet of a carbonate geologic formation.
C.
Recycling and Refuse Facilities, and Solid Waste Landfills. No such
facilities shall be permitted within or within 200 feet of a carbonate
geologic formation.
D.
On-Lot Sewage Disposal Systems. Proposed on-lot sewage systems shall
meet the requirements of the Bucks County Department of Health "policy
and procedures, then in effect, for the issuance of on-lot sewage
permits over limestone" for sites located within or within 200 feet
of areas identified as having carbonate (limestone) geology in the
"Conservation and Management Practices for Buckingham and Durham Carbonate
Valleys," February 1985, prepared by the Bucks County Planning Commission
and International Explorations, Inc. regardless of lot size.
2.
The boundaries of the carbonate (limestone) geology shall be determined
by scaling the areas shown on the maps in the "Conservation and Management
Practices for Buckingham and Durham Carbonate Valleys," February 1985.
The boundaries shall be shown on the subdivision, land development
or other proposed plan(s). The mapping provided by the applicant shall
be reviewed by the Township Engineer, for approval by the Board of
Supervisors. Once approved, the applicant shall follow all regulations
of this section for those areas which reflect the carbonate geologic
formation. No permit will be issued and no application will be approved
prior to the approval of the required mapping.
[Ord. 94, 6/8/1988, § 1905]
1.
A setback of 150 feet shall be established along both sides of the
Delaware Division of the Pennsylvania Canal (measured from the center
line of the canal) in accordance with the following standards:
A.
Nothing other than parking for single-family residences, landscaping and a wood fence which may be lined with a wire mesh shall be permitted in the setback. Existing uses shall be considered nonconforming and shall be governed by § 27-2610.
B.
No roads or driveways shall be permitted in the setback, except where
there is no other access to the property.
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Where there is no other access, the road or driveway shall be
designed to minimize adverse impact on the canal. Permission to construct
a road or driveway within a buffer yard will be by a conditional use
which may be granted only upon proof that there is no other location
on the lot outside the buffer yard where the road or driveway may
be built in compliance with the Township ordinances. In granting a
conditional use the Supervisors shall specifically require that the
road or driveway be located and landscaped in such manner as to represent
the minimum incursion into the buffer yard and shall be landscaped
to minimize the impact on the adjacent village.
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C.
The setback requirement shall terminate at the edge of River Road,
i.e., it shall not extend to land on the opposite side of River Road
from the canal.
D.
The one-hundred-fifty-foot setback shall not be required along the
canal within a village which has been placed on the National Register
of Historic Places (Phillips Mill, Centre Bridge and Lumberville).
In these villages, the setback set forth in the applicable zoning
district in effect shall govern.
E.
When a new structure is constructed, the structure shall be laid
out so that only the minimum number of mature trees are removed.
[Ord. 94, 6/8/1988, § 1906; as amended by Ord.
138, 5/26/1992, § 47; by Ord. 157, 6/15/1995, § II.3,
.4, .5; by Ord. 2007-3, 3/6/2007, § 01; and by Ord. 2011-4,
5/3/2011, Art. XLII]
1.
Setback Areas Around Villages on the National Register of Historic
Places. A two-hundred-foot setback shall be provided around the boundary
of each village placed on the National Register of Historic Places.
The boundaries of Carversville, Phillip's Mill, Centre Bridge and
Lumberville Historic Districts as established by the National Register
are attached to this part as Exhibits 27-26-A, 27-26-B, 27-26-C, and
27-26-D.
B.
No roads or driveways shall be permitted in the setback areas except
where there is no other access to the property. Where this is no other
access, the road or driveway shall be designed to minimize any adverse
impact on the village. Permission to construct a road or driveway
within a setback area shall be as a conditional use which may be granted
only upon proof that there is no other location on the lot outside
the setback area where the road or driveway may be built in compliance
with this chapter. In granting a conditional use, the Board of Supervisors
shall specifically require that the road or driveway be located and
landscaped in such manner as to represent the minimum intrusion into
the setback area and shall be landscaped to minimize the impact on
the adjacent village.
C.
Where the boundary of the village is a road, there shall be a minimum
building setback of 175 feet from the ultimate right-of-way of the
road on the side of the road opposite the historic district.
D.
The setback area may be coterminous with the required front, side,
or rear yards, and in case of conflict, the wider yard requirements
shall apply.
E.
All setback areas shall be maintained and kept clean of all debris
and rubbish.
F.
When a new structure is constructed, such structure shall be sited
so that only the minimum number of mature trees are removed.
2.
Scenic Road Setback Requirements.
A.
A one-hundred-fifty-foot setback shall be provided from the right-of-way
of any road designated as scenic in the Township Comprehensive Plan.
B.
Structures as set forth in Subsection 3, parking for a single-family dwelling unit, a wood fence which may be lined with a wire mesh, and deer fence installed pursuant to § 27-2604 are permitted in the required setback area. Existing uses shall be considered nonconforming and shall be governed by § 27-2510.
[Amended by Ord. 2017-7, 8/15/2017]
C.
Where approved as a conditional use by the Board of Supervisors in
accordance with applicable provisions of Parts 26 and 28, any use
otherwise permitted in the base zoning district shall be permitted
within the required setback area subject to provision of a visual
buffer designed, installed, and maintained in a manner acceptable
to the Board of Supervisors. At the discretion of the Board of Supervisors,
existing vegetation or topographic features may substitute for required
buffer plantings where the applicant demonstrates to the satisfaction
of the Board that such features conceal the proposed use from view
from the affected scenic road.
D.
The one-hundred-fifty-foot setback shall not be required along scenic
roads within the designated boundaries of Historic Districts at villages
on the National Register of Historic Places (Carversville, Phillip's
Mill, Centre Bridge and Lumberville). Within these historic districts,
applicable setbacks as otherwise set forth in this chapter shall apply.
3.
No structure shall be placed within the historic resource or scenic
road setback, and no manufacturing or processing activity, or storage
of materials shall be permitted except as follows:
A.
Landscape treatment such as berms, fences, gates or walls which aid
in screening and do not conflict with the character of adjoining properties,
or block the clear sight distance required at intersections.
[Amended by Ord. No. 2021-007, 10/19/2021]
B.
Appurtenant landscaping structures such as tree wells, tree guards
and tree grates and retaining walls used to preserve stands of existing
trees or used for other functional purposes.
C.
Road and driveways which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches are permitted within the scenic setback and by conditional use within the historic resources setback (refer Subsection 1B).
D.
Underground utilities.
[Ord. 94, 6/8/1988, § 1907; as amended by Ord.
113, 1/16/1990, § 81; by Ord. 153, 5/3/1994, § 1;
and by Ord. 2011-4, 5/3/2011, Arts. XLIII–XLV]
2.
All plantings in the buffer areas and/or buffer planting strip shall
be installed and thereafter maintained by the property owner for the
full width required in a particular district, except that certain
structures may be placed within the buffer area and/or buffer planting
strip including:
A.
Landscape treatment such as berms, fences or walls which aid in screening
and do not conflict with the character of adjoining properties, or
block the clear sight distance required at intersections.
B.
Appurtenant landscaping structures such as: tree wells, tree guards
and tree grates and retaining walls used to preserve stands of existing
trees or used for other functional purposes.
C.
Roads which provide direct ingress/egress for the tract or lot, including
appurtenant structures within such road rights-of-way such as curbs,
sidewalks, signs, lighting standards or benches.
D.
Underground utilities.
[Ord. 94, 6/8/1988, § 1908; as amended by Ord.
101, 1/17/1989, § 1; by Ord. 113, 1/16/1990, §§ 82–87;
by Ord. 153, 5/3/1994, § 1; by Ord. 189, 10/16/2001, § I.7.
11; by Ord. 2007-6, 9/4/2007, § 08; and by Ord. 2011-4,
5/3/2011, Art. XLVI]
All required landscaping shall be installed and maintained in accordance with a landscaping plan prepared by a landscape architect and approved by the Board of Supervisors. The landscaping plan shall depict all proposed plantings required to complement screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plan sizes, spacing and types shall be in accordance with § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22].
[Ord. 94, 6/8/1988, § 1909; as amended by Ord.
113, 1/16/1990, § 88; by Ord. 138, 5/26/1992, §§ 48,
49; by Ord. 153, 5/3/1994, § 1; by Ord. 154, 11/1/1994,
§§ 1, 2; by Ord. 2007-6, 9/4/2007, § 08;
and by A.O.]
1.
The impact on the environment generated by subdivision, land development
and other projects necessitates a comprehensive analysis of the variety
of problems that may result in actions that can be taken to minimize
these problems. In order to effectively evaluate the environmental
consequences or effects of certain projects proposed in the Township,
an Environmental Impact Assessment (EIA) report shall be submitted
together with preliminary plans or building permit applications for
the following:
A.
Any application for preliminary and/or final plans or applications/building
permits in the RD, Residential Development District, TNC, Traditional
Neighborhood Commercial District, LT, Light Industrial District or
QA, Quarry Agricultural Districts; provided however, than an EIA report
shall not be required for any proposed structure or use in the TNC
or LI Districts which is less than 8,000 square feet in area or an
alteration or addition to an existing building use in any of the foregoing
districts which is less than 8,000 square feet in total area. Area
shall be computed as the total of the floor area of the building and/or
the area devoted to the use, whichever is larger.
B.
Any development in the RA and RB District which involves five or
more dwelling units or lots, any one of which is less than 10 acres
in size. A subdivision of lots all of which are greater than 10 acres
in area shall be exempt from the requirement of an EIA report only
if all of the lots are deed restricted from further subdivision.
C.
Any application for a conditional use, variance, special exception
or petition for a change of zoning where it is deemed necessary by
the Board of Supervisors because of the potential adverse effects
of the application.
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In order to encourage the thorough preparation of an EIA report, the applicant may use the components of the EIA report to satisfy the reporting requirements of the Subdivision and Land Development Ordinance [Chapter 22]; provided, however, that a list of the sections of the Subdivision and Land Development Ordinance [Chapter 22] that are proposed to be satisfied by the EIA report shall be submitted with the EIA report.
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2.
An updated EIA report shall accompany and form a part of a final land development or subdivision plan as required by Subsection 1.
3.
Twenty copies of the EIA report shall be submitted with the plans,
preliminary or final. Within the EIA report, specific emphasis shall
be directed toward the proposed project's effects on and relationship
to applicable site, neighborhood (including areas in adjacent municipalities
where applicable) and Township-wide resources, conditions or characteristics.
The EIA report shall include text, tables, maps and analyses for the
purpose of describing the project site, proposed use(s), environmental
characteristics and the environmental effects of the proposal as follows:
A.
Overview. Indicate the purpose and scope of the proposed project.
Enumerate the benefits to the public which will result from the proposed
project and describe the suitability of the site for the intended
use. A description of the proposed project shall be presented to indicate
the extent to which the site must be altered, the kinds of facilities
to be constructed, how they are to be considered and the uses intended.
The resident population, working population and visitor population
shall be projected. The basis of the projections shall be clearly
stated in the report.
B.
Compatibility. The compatibility or incompatibility of the proposed
project shall be described in relation to the following:
(1)
Township Comprehensive Plan, especially the land use and open
space elements.
(2)
Comprehensive Plan of adjacent municipalities whenever a project
is located along or within 2,000 feet of the municipal boundaries.
(3)
Bucks County Comprehensive Plan.
(4)
Regional and state planning guides.
(5)
Other pertinent planning documents.
C.
Location. An identification of the site location and area through
the use of a location map drawn at a scale of not more than 2,000
feet to the inch. The location map shall depict all streets, adjoining
properties, zoning district boundaries and municipal boundaries within
2,500 feet of any part of the tract. In the case of development of
only a portion of the entire tract, the location map shall also show
the relationship of the section to the entire tract.
D.
Photographs. An identification of the character and appearance of
the site through the presentation of black and white photographs or
copies thereof. Such photographs shall provide a representation of
what the site looks like from ground level. Photographs shall be properly
identified or captioned and shall be keyed to a map of the site.
E.
Description of the Project. An identification of the nature of the
proposals through the presentation of the following:
(1)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not smaller than 100 feet to the inch, i.e., 50 feet to the inch is permitted but 200 feet to the inch is not, and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
Floor plans and elevations depicting the proposed size, square
footage, height, number of rooms (where applicable) of buildings and/or
other structures.
(3)
A statement indicating the existing and proposed ownership of
the tract and where applicable, the type of ownership, operation and
maintenance proposed for areas devoted to open space or otherwise
not under the control of a single lot owner.
(4)
A statement indicating the proposed staging or phasing of the
project and a map depicting the boundaries of each stage or phase
of the project. Such boundaries shall be superimposed on a version
of the site development plan.
F.
Physical Resources Inventory. An identification of physical resources
associated with the natural environment of the tract including such
features as geology, topography, soils, hydrology and the like. The
identification of physical resources shall include a narrative description
of the qualitative aspects of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not smaller
than 100 feet to the inch as specified below and may be either incorporated
into the EIA report or submitted as attachments to the report.
(1)
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures. All carbonate and diabase geology must be shown and all information required by § 22-525 of the Subdivision and Land Development Ordinance [Chapter 22] shall be included.
(2)
A map depicting the topographical characteristics of the tract.
Such map shall contain contours with at least two-foot intervals and
shall depict slopes ranging from: 0% to 20%, 20% to 25%, and greater
than 25%.
(3)
A map depicting the soil characteristics of the tract. Such
map shall depict all soil types and shall include a table identifying
soil characteristics pertinent to the proposed project such as prime
agricultural soils, depth of bedrock, depth of water table, flood
hazard potential, and limitations for septic tank filter fields. List
and describe each soil type located on the site. If applicable, provide
percolation data. Where the proposed area of land disturbance will
involve soils with moderate or severe limitations (as per the Soil
Survey of Bucks County, Soil Conservation Service) relative to the
type of project proposed, a complete mapping of all soil types on
the site shall be required indicating where those moderate and severe
limitations exist.
(4)
A map depicting the hydrological characteristics of the tract.
Such map shall depict: surface water resources, their drainage characteristics,
watersheds and floodplains and groundwater resources. Surface water
resources include features such as creeks, runs and other streams,
ponds, lakes, and other natural bodies of water, springs, wetlands,
and any man-made impoundments. Groundwater resources include features
such as aquifers and aquifer recharge areas.
G.
Biological Resources Inventory. An identification of biological resources
associated with the natural environment of the tract including such
features as vegetation and wildlife. The identification of biological
resources shall include a narrative description of each of the resources
mentioned above. In addition, these resources shall be mapped at a
scale of not smaller than 100 feet to the inch, as specified below;
and may be either incorporated into the EIA report or submitted as
attachments to the report.
(1)
A map depicting the vegetation characteristics of the tract.
Such map shall define the locations and boundaries of the woodland,
forest and hedgerow areas of the tract and shall note the types of
vegetation associations which exist in terms of their species types
and sizes. In addition, all trees 12 inches in caliper or greater
shall be accurately located and identified on the map whether they
are free-standing trees or tree masses.
(2)
A map depicting characteristics associated with wildlife habitats.
Such map may draw upon vegetation, hydrology and soil maps in order
to express habitat characteristics, associated with terrestrial and
aquatic wildlife on the tract and the relationship of the overall
habitat(s).
H.
Land Use Inventory. An identification of the land use conditions
and characteristics associated with the tract such as: current and
past use, land cover and encumbrances; and the relationship of these
to adjacent tracts. The identification of land use conditions and
characteristics shall include a narrative description of the above.
In addition, the following maps drawn at a scale of not smaller than
100 feet to the inch, shall be incorporated into the EIA report or
submitted as attachments to it.
(1)
A map depicting the land cover characteristics of the tract.
Such map shall define existing features including: paved or other
impervious surfaces, woodland and forest areas, cultivated areas,
pasture, old fields, lawns and landscaped areas, and the like.
(2)
A map depicting any encumbrances to the tract. Such map shall
define easements and other areas where certain use privileges exist.
(3)
A map depicting the land uses within 500 feet of the proposed
tract. Such map may be at the same scale as the location map.
I.
Surface Water Inventory. Describe existing watercourses and water
bodies that are partially or totally on the site and their relationship
to the area of land disturbance. Calculate existing surface runoff
from the site and the associated watershed, including the potential
development of the remainder of the watershed. When the natural drainage
pattern will be significantly altered, an analysis shall be conducted
which will investigate flow, depth, capacity and water quality of
the receiving waters. When required, floodplain areas will be mapped
in consultation with the Department of Environmental Protection. Existing
drainage structures shall be mapped and the capacity of the drainage
network shall be determined. Additionally, wetland areas as defined
by the Department of Environmental Protection and the U.S. Corps of
Army Engineers shall be delineated.
J.
Subsurface Water Inventory. Describe the subsurface water conditions
on the site both in terms of depth to ground water and water supply
capabilities of the site. Where existing conditions warrant, provide
detailed information regarding existing wells within 1,000 feet of
the site relative to depth, capacity and water quality. Discuss the
water supply capabilities of the adjacent areas and the recharge capabilities
of the site.
K.
Existing Features Inventory. Describe any existing features on the
site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to, roads, housing
units, accessory structures, utility lines, etc.
L.
Historic Resources Inventory. An identification of the man-made resources
associated with or within 500 feet of the tract which are older than
50 years. Areas, structures and/or routes and trails included on the
National Register of Historic Places, the Pennsylvania Inventory of
Historic Places, the Historic American Building Survey, the Bucks
County Conservancy and any which may be identified in the Comprehensive
Plan shall be identified. The identification of historic resources
shall include a narrative description of the above. In addition, a
map drawn at a scale of not smaller than 100 feet to the inch depicting
historic resources shall be incorporated into the EIA report or submitted
as an attachment to the report.
M.
Visual Resources Inventory. An identification of the visual resources
associated with the tract such as areas which have a particular amenity
value and areas which offer interest in viewing the tract. The identification
of visual resources shall include a narrative description of the above.
In addition, a map drawn at a scale of not smaller than 100 feet to
the inch depicting visual resources shall be incorporated into the
EIA report or submitted as an attachment to the report.
N.
Community Needs Inventory. An identification of the community facility
needs associated with the users and/or residents of the proposed project.
The community facility needs assessment shall indicate in narrative
form the type of services which will be in demand. Where applicable,
community facilities (such as schools, park and recreation areas,
libraries, hospitals and other health care facilities, fire protection,
police protection, ambulance and rescue service and postal services)
shall be discussed in terms of the ability of existing facilities
and services to accommodate the demands of future users and/or residents
of the lot(s) and/or tract and the need for additional or expanded
community facilities.
O.
Utility Needs Inventory. An identification of the utility needs associated
with the users and/or residents of the proposed project and a statement
whether the project is within the area to be served by public sewers
under the Township's Act 537 Plan. The utility needs assessment shall
indicate in narrative form the type of installations which will be
in demand. Utilities (such as those used for water supply, sewage
disposal, refuse disposal, storm drainage, communications and electrical
transmission) shall be discussed in terms of: the ability of existing
utility installations to accommodate the demands of the future users
and/or residents of the lot(s) and/or tract; the need for additional
or expanded utility installations; the ability to achieve an adequate,
potable quantity of water whenever individual wells ate proposed;
the ability to achieve an adequate system for on-site sewage disposal
whenever such a system is proposed; and the ability to achieve an
adequate system for storm drainage and stormwater management. Certificates
from the utilities confirming that adequate capacity exists to service
the proposed development shall be included.
P.
Transportation System Inventory. An identification of the relationship
of the transportation and circulation system needs of the proposed
project to the existing street or highway network. A discussion of
this relationship shall be in narrative form and shall indicate factors
such as methods to be used for traffic control within the tract and
at points of ingress to and egress from it; and expected traffic volumes
generated from the project including their relationship to existing
traffic volumes on existing streets for both peak hour and nonpeak
hour traffic conditions. In addition, there shall be a discussion
of the physical condition of existing streets which will service the
proposed project and what improvements are proposed to remedy any
physical deficiencies.
Q.
Demographics. An identification of the demographic characteristics
related to the proposed project. The characteristics which shall be
presented in narrative form shall include a profile of the future
users and/or residents of the lot and/or tract including information
such as the number of people expected. Such information shall be related
to initial and completed project conditions.
R.
Fiscal Impact. An identification of the economic and fiscal characteristics
related to the proposed project. The characteristics which shall be
presented in narrative form shall include a profile of the Township,
county and school district revenues which the proposal may generate
and the Township, county and school district costs it may create.
Such information shall be related to initial and completed project
conditions.
S.
Existing Conditions. An identification of characteristics and conditions
associated with existing, construction related, and future air and
water quality and noise levels, vibration, toxic materials, electrical
interference, odor, glare and heat, fire and explosion, smoke, dust,
fumes, vapors and gases and/or radioactive materials.
T.
Licenses and Permits. An identification of all licenses, permits
or other approvals required by law for the development and the status
of each.
U.
Environmental Controls. An identification of compliance with the
Floodplain Conservation District regulations of Part 21.
V.
Impacts Inventory. The implications of the proposed project in terms of: the type of beneficial or adverse effects which may result from it; and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project resources, conditions and characteristics described in Subsection 3E through U above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the areas adversely affected flan proposed development are highlighted. Such map either may be incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EA report how and where the findings in the EA report and its attachments are reflected in the project.
W.
Alternatives Analysis. Alternatives within the project which would
preclude, reduce or lessen potential adverse impact or produce beneficial
effects. To indicate such alternatives, the applicant shall submit
exhibits or diagrams which will depict the type of alternatives described
in narrative form. The applicant shall comment on alternatives such
as: revised location, redesign, layout or siting of buildings, roads
and other structures and the reduction in the size of proposed structures
or number of structures.
X.
Adverse Impacts. Probable adverse effects which cannot be precluded,
including:
(1)
Water quality and quantity.
(2)
Air quality.
(3)
Noise.
(4)
Undesirable land use patterns.
(5)
Damage or destruction of significant plant or wildlife systems.
(6)
Aesthetic values.
(7)
Destruction of natural resources.
(8)
Displacement of people and businesses.
(9)
Displacement of viable farms.
(10)
Employment and property taxes.
(11)
Destruction of man-made resources.
(12)
Disruption of desirable community and regional growth.
(13)
Health, safety and well being of the public.
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In indicating such effects, a discussion shall be presented
regarding whether they will have primary or secondary implications,
that is, whether the adverse effects will have direct or indirect
influence on a particular resource, condition or characteristic.
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Y.
Mitigation Measures. Measures to mitigate adverse effects. To indicate
such measures, the applicant shall submit exhibits or diagrams which
will depict the type of remedial, protective and mitigative measures
described in narrative form. These measures shall include those required
through existing procedures and standards, and those unique to a specific
project, as follows:
(1)
Mitigation measures which pertain to existing procedures and
standards are those related to current requirements of the state,
county and/or Township for remedial or protective action such as:
sedimentation and erosion control, stormwater runoff control, water
quality control and air quality control.
(2)
Mitigation measures related to impacts which may be unique to
a specific project are those related to efforts such as: revegetation,
screening, fencing, creation of wetlands mitigation/replacement in
accordance with the standards of the U.S. Army Corps of Engineers
and the Pennsylvania Department of Environmental Protection, emission
control, traffic control, noise control, relocation of people and/or
businesses and land acquisition.
Z.
Irreversible Impacts. Any irreversible environmental changes which
would occur due to the proposed project should it be implemented.
To indicate such changes, the use of non-renewable resources during
the initial and continued phases of the project shall be discussed.
Further, the loss of environmental resources shall be indicated through
a presentation of the quantity of loss and related qualitative effects.
AA.
Pre-occupancy Development. All development in the pre-occupancy permit stage in the Township at the time of the filing of the preliminary or final plans, as the case may be, shall be presented in a tabular form as a separate section of the document. In addition, the information provided in Subsection 3N, O, P, Q, R and S shall specifically analyze the impact of the proposed development with respect to those developments already approved and/or submitted for approval in the Township.
4.
Educational Impact Study. An application for a major subdivision
or the creation of six or more lots on a single property shall include
an educational impact study describing the impact of the proposed
development on the educational system of the Township, as described
in this section.
A.
Required Information for the Educational Impact Study.
(1)
Operating cost per student using the Pennsylvania Department
of Education Form PD 2-2058, "Instructional Expense Computation,"
obtained from the New Hope-Solebury School District.
(2)
School district millage rate (obtained from the Township Tax
Collector).
(3)
Assessment factor (100% of total assessment value).
(4)
Current available capacity for elementary school (obtained from
the New Hope-Solebury School District).
(5)
Current available capacity for secondary school(s) (obtained
from the New Hope-Solebury School District).
(6)
Capital cost per student for providing new education facilities
(obtained from the New Hope-Solebury School District).
(7)
Debt constant to determine annual cost of borrowed capital funds
(obtained from New Hope-Solebury School District).
B.
Method of Determining Fiscal Impact on Educational System.
(1)
School District Tax Revenue Generation. Multiply the total dollar
value of the development by the assessment factor; multiply the result
by the school district millage rate.
(2)
Development-Generated Operating Costs. Multiply the number of
school-age children to be generated by the operating cost per student.
(3)
Development-Generated Capital Costs. If the number of school
children generated exceeds the current capacity of the Township school(s),
determine the development-generated capital costs of the new school
facilities by multiplying the number of students over capacity by
the capital costs per student for the new facilities. Multiply the
result by the debt constant. This gives the annual debt service cost.
(4)
Net Impact Assessment. Add the operating costs and capital costs
generated by the project, and subtract that number from the school
district tax revenue generation to determine the educational cost
impact of the development proposal.
C.
Standards and Criteria for Determining Additional Educational System
Impact.
(2)
The existing school system (total elementary and secondary classroom
and site size) shall be compared to the anticipated enrollment of
the entire enrollment estimated from the proposed development and
other approved but unbuilt developments.
(3)
The Township shall not accept any educational impact statement
prepared directly or indirectly for a developer by an employee or
official of the local school district or the Township.
5.
In making its evaluation, the Board of Supervisors, and/or the Planning
Commission, may request any additional information it deems necessary
to adequately assess potential environmental impacts. Whenever any
information required in this section is assumed not directly applicable
to the proposed project, the applicant shall indicate such assumed
inapplicability in the narrative of the EIA report, and state why
such information is considered to be inapplicable in the case of the
particular project in question.
6.
The EIA report shall be prepared by a planner certified by the American
Institute of Certified Planners or its equivalent in collaboration
with other licensed professionals. All persons who participate in
preparing the report shall be identified and their qualifications
stated. All sources of information shall be identified when presented
and a bibliography shall be attached to the report. All work in the
report shall be in conformity with recognized engineering, architectural
and planning practices and principles. The Township may retain its
own expert to evaluate the EIA report. The cost of the expert shall
be a cost of the review of the project which shall be borne by the
applicant.
7.
The Board of Supervisors shall not approve the project unless it
determines and finds that the proposed development:
A.
Will not result in appreciable harmful effects to the environment.
B.
Has been designed and conceived with a view toward the protection
of resources.
C.
Will not, individually or collectively, place a disproportionate
or excessive demand upon the total resources available for such proposal
and for any future proposals.
[Ord. 94, 6/8/1988; as amended by Ord. 2014-5, 5/22/2014,
Art. XXXV]
1.
Purpose. The purpose of this section is to protect the public health,
safety, and general welfare of the citizens of the Township and of
those who visit this community, while accommodating the telecommunication
needs of residents, visitors, community services, and businesses.
With this in mind, this section establishes uniform standards for
the siting, design, permitting, maintenance, and use of wireless telecommunications
facilities in the Township. While the Township recognizes the importance
of wireless telecommunications facilities in providing high quality
communications service to its residents and businesses, the Township
also recognizes that it has an obligation to protect public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
2.
Design. By enacting this section, the Township intends to:
A.
Promote the health, safety, and welfare of Township residents and
businesses with respect to wireless telecommunications facilities.
B.
Preserve the character and appearance of the Township, while allowing
adequate telecommunications services to be developed.
C.
Provide for the managed development of wireless telecommunications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Township residents, Township businesses,
Township visitors, and wireless carriers in accordance with federal
and state laws and regulations.
D.
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of both tower-based and non-tower based wireless
telecommunications facilities in the Township, including facilities
both inside and outside the public rights-of-way.
E.
Encourage the co-location of wireless telecommunications facilities
on existing structures rather than the construction of new tower-based
structures.
F.
Require, through performance standards, new tower-based telecommunication
facilities be located in nonresidential areas.
G.
Protect the scenic, historic, environmental, and natural resources
of the Township, and property values therein.
H.
Protect Township residents from potential adverse impacts of wireless
telecommunications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape.
I.
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, cable WiFi, and
other wireless telecommunications facilities.
J.
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
3.
ANTENNA
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS (DAS)
EMERGENCY
ESSENTIAL SERVICES
HEIGHT OF A TOWER-BASED WTF OR WTF SUPPORT STRUCTURE
MONOPOLE
NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER WTF)
PERSONS
STEALTH TECHNOLOGY
STRUCTURALLY ABLE
SUBSTANTIALLY CHANGE
TELECOMMUNICATIONS EQUIPMENT BUILDING
TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES
TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY (TOWER-BASED
WTF)
TOWNSHIP
WBCA
WIRELESS
WIRELESS SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS FACILITY (WTF)
WIRELESS TELECOMMUNICATIONS FACILITY APPLICANT (WTF APPLICANT
OR APPLICANT)
WIRELESS TELECOMMUNICATIONS FACILITY SITE (WTF SITE)
Definitions. The following are applicable to wireless telecommunications
facilities:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of radio, television, wireless telephone, pager, commercial mobile
radio service, or any other wireless signals. An antenna may include
an omnidirectional antenna (rod), directional antenna (panel), parabolic
antenna (disc), whip antennas, or any other wireless antenna. An antenna
shall not include tower-based WTF defined below. For the purposes
of this use, this definition shall not include private residents'
mounted satellite dishes or television antennas or amateur radio equipment,
including without limitation, ham or citizen band radio antennas.
The mounting of one or more WTFs, including antennas, on
an existing tower-based WTF or utility or light pole.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
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 result in loss of the services provided.
The erection, construction, alteration, and/or maintenance,
by public utilities or municipal or other governmental agencies of
underground or overhead gas, electrical, steam, or water transmission
or distribution systems, collection, communication, supply, or disposal
systems and essential buildings, excluding a WTF, as defined herein.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower or support structure,
including antennas mounted on the tower/structure and any other appurtenances.
A WTF or site which 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.
All non-tower wireless telecommunications facilities, including,
but not limited to, antennas and related equipment. Non-tower WTF
shall not include support structures for antennas and related equipment.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations, and other entities established pursuant to statutes
of the Commonwealth of Pennsylvania; provided that person does not
include or apply to the Township or to any department or agency of
the Township.
Camouflaging methods 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, and light poles.
The determination that a tower or structure is capable of
safely carrying the load imposed by the proposed new antenna(s) under
all reasonably predictable conditions as determined by professional
structural engineering analysis, including wind and ice loads or any
other structural requirements.
(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 telecommunications 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.
An unmanned building, cabinet or structure containing communications
equipment required for the operation of antennas on that site. Such
a building shall cover an area on the ground not greater than 250
square feet, unless otherwise approved by the Township, and shall
be no more than 12 feet high. Such buildings shall be designed to
be architecturally similar and compatible with each other, and whenever
possible, shall be joined or clustered so as to appear as one building.
Any telecommunications facility designed for use while a
permanent wireless telecommunications facility is under construction,
rehabilitation, or restoration or a facility employed to provide additional
capacity during special events or emergencies.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles, and light
poles. DAS hub facilities are considered to be tower-based WTFs.
Solebury Township, Bucks County, Pennsylvania.
Pennsylvania Wireless Broadband Collocation Act, 53 P.S.
§ 11702.1 et seq.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A freestanding structure, such as a tower-based wireless
telecommunications facility or any other structure that could support
the placement or installation of a wireless telecommunications facility
if approved by the Township.
The antennas, nodes, control boxes, towers, poles, structures,
buildings, conduits, ducts, pedestals, electronics, and other equipment
used for the purpose of transmitting, receiving, distributing, providing,
or accommodating wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
ROW or other Township-owned land or property.
A property, or any part thereof, which is owned or leased
by one or more telecommunications providers and upon which one or
more WTFs and any required landscaping are located.
4.
General Requirements — All Facilities. Unless otherwise prohibited by the WBCA, all wireless telecommunications facilities shall be permitted only by conditional use in accordance with § 27-2914 of this chapter. Where conditional use approval is prohibited by the WBCA, such covered facilities shall be allowed by right. All WTFs shall be subject to the following regulations:
A.
Standard of Care. Every WTF 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 (when applicable) the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors. Every WTF 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.
B.
Wind. Every WTF and support structure 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/TIA222-E Code, as amended). Such structures must
be designed to withstand wind gusts of at least 100 miles per hour
with no ice and 78 miles per hour basic wind speed with 0.5 inch radial
ice.
C.
Interference. No WTF shall interfere with public safety communications
or the reception of broadband, television, radio, or other communication
services enjoyed by occupants of nearby properties.
D.
Radio Frequency Emissions. No WTF may, by itself or in conjunction
with other WTFs, 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.
E.
Aviation Safety. All WTFs shall comply with all federal and state
laws and regulations concerning aviation safety. Towers shall not
be illuminated by artificial means and shall not display lights unless
such lighting is specifically required by the FAA, FCC, or other federal
or state authority.
F.
Lighting. Except as provided herein, the only lighting on the exterior
of the telecommunications facility may be a fixture on the telecommunications
equipment building not greater than 100 watts, or the functional equivalent,
which is activated by a motion sensor. In addition, manually operated
emergency lights are permitted for use only when WTF operating personnel
are on site, and security lighting may be used as long as it is shielded
and pointed towards the ground to retain the light within the boundaries
of the property or except as required by law. If lighting is required
or proposed, 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.
G.
Noise. All WTFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under state law, this
chapter, and other Township ordinances, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
H.
Historic Buildings or Districts. No WTF may be placed on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or eligible to be so listed, or has been
designated by the Township as being of historic significance. In addition,
no WTF may be placed on a building or structure located within a Township-designated
Historic District.
I.
Natural Resources. The location of the WTF and all accessory structures
and equipment shall comply with all applicable natural resource protection
standards of this chapter.
J.
Security. All telecommunications equipment buildings and similar
structures/areas shall be equipped with an appropriate security or
alarm system for detection of unauthorized entry and fire. All towers,
poles, and similar structures shall be fitted with anti-climbing devices,
as approved by the manufacturer.
K.
Monitoring and Maintenance. The following requirements shall apply:
(1)
Every WTF 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 general
public.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(4)
There shall be no water or sewage facilities provided in connection
with any WTF or telecommunications equipment building.
L.
Graffiti. Any graffiti or unapproved signs on a tower-based or non-tower
WTF 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 or signs.
M.
Indemnification. Every applicant for a WTF shall complete an indemnification
provision as a part of the application process. This provision shall
provide that each person that owns or operates a WTF will, 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 WTF. Each person that owns or operates a WTF 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 WTF. 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.
N.
Inspection.
(1)
All WTFs shall be inspected every two years by an expert who
is regularly involved in the maintenance, inspection, and/or erection
of such facilities and is a Pennsylvania licensed professional structural
engineer. At a minimum, this inspection shall be conducted with the
tower inspection class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel Antennas
Towers and Antenna Support Structures. A copy of said inspection report
shall be provided to the Township within 10 business days of the inspection.
(2)
The Township reserves the right to inspect any WTF to ensure
compliance with the provisions of this chapter and any other provision
found within the Township's ordinances or state or federal law. The
Township shall have the authority to enter the property upon which
a WTF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(3)
All WTF applicants shall provide the Township with a written
commitment that they will allow the Township to inspect their WTF
to ensure compliance with the provisions of this use and any other
provisions found within the Township's ordinances or state or federal
law and that they grant the Township and/or its agents the authority
to enter the property upon which a WTF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
(4)
In the event of any major modification of an existing WTF, which
includes changes to structural dimensions, increase in number or types
of antennas or other devices, or other structural modifications, the
WTF owner(s) shall immediately perform a new inspection.
O.
Unsafe WTFs. Should an inspection reveal any structural defect(s)
which, in the opinion of the inspector, render(s) that WTF unsafe,
the owner of the WTF shall undertake the following actions:
(1)
Immediately upon notification of such defects, post warnings
of same at access points to the WTF; notify appropriate emergency
authorities; notify the Township; and notify the landowner of the
WTF site and the owners of the abutting properties within the unsafe
area (minimally a 360° area with a radius equal to the height
of the WTF); and when appropriate, in consultation with emergency
authorities, restrict access to the unsafe area and/or encourage evacuation
of residents.
(2)
Within 10 business days of notification of such defects, submit
to the Township a plan to correct these defects, for review and approval
by the Township. The owner shall implement its remediation plan as
soon as reasonably possible, but in no event later than 10 business
days after its approval by the Township.
P.
Application and Compliance.
(1)
Applicant shall make application for and have evidence of a
Solebury Township building permit prior to construction or installation
of any portion of the WTF. The plan and design calculations for the
construction of any WTF shall contain the seal and signature of a
Pennsylvania licensed structural engineer.
(2)
All WTFs shall be located on lots which meet the minimum size
requirement and other regulations for the zoning district in which
they are to be located, in addition to the setback requirements as
provided in herein.
(3)
At the completion of the building and/or installation of a WTF,
the owner shall provide the Township with a certification issued by
a Pennsylvania-registered professional structural engineer that the
facility has been built in accordance with the plans submitted to
the Township.
Q.
Access Roads and Utilities. Where WTFs require construction of, or
improvement to, access roads, access shall be provided over existing
driveways and easements, where feasible. Otherwise, such roads should
follow the contours of the land to minimize excavation (i.e., cuts
and fills) and should be constructed or improved along the edge of
fields and/or forests. The applicant shall maintain the access and
shall ensure that no mud or dirt is conveyed onto public roads. Utility
or service lines shall be underground, and designed and located so
as to minimize disruption to wildlife habitat, agricultural lands,
and scenic areas.
R.
Antennas. Omnidirectional or whip communications antennas shall not
exceed 20 feet in height or seven inches in diameter. Directional
or panel communications antennas shall not exceed five feet in height
or three inches in width. No microwave dish antennas shall be attached
to a wireless support structure.
5.
General Requirements-Tower-Based WTFs. All tower-based wireless telecommunications
facilities shall be subject to the following regulations:
A.
Location.
(1)
Tower-based WTFs shall only be allowed in the following wireless
telecommunications overlay zones:
(a)
Within 50 feet of any high voltage electricity transmission
tower located within the Township.
(b)
Within the TNC Traditional Neighborhood Commercial District
and the LI Light Industrial District.
(c)
Attached to a tower or structure existing as of May 22, 2014,
and located in any zoning district.
(2)
Any application proposing the construction of a tower-based WTF 50 feet or greater in height, and not within the boundaries of the wireless telecommunications overlay zones established in Subsection 5A(1) above, shall be treated as an application for a variance and assessed by the Township Zoning Hearing Board.
B.
Gap in Coverage. An applicant for a tower-based WTF 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
WTF being proposed is the least intrusive means by which to fill that
gap in wireless coverage.
C.
Co-Location.
(1)
An application for a new WTF shall not be approved unless the
Township finds that the wireless communications equipment planned
for the proposed WTF cannot be accommodated on an existing structure
or building, including, but not limited to: smoke stacks, water towers/tanks,
tall buildings, other towers or poles, church steeples, other natural
or manufactured tall structures or features, or utility and traffic
light poles. Any application for approval of a WTF shall include a
comprehensive inventory of all existing towers, buildings, 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.
(2)
For every existing tower, building, or structure on this inventory,
the applicant shall demonstrate conclusively why such tower, building,
or structure cannot be utilized based upon one or more of the following
reasons, supported by engineering and other related support data:
(a)
The proposed antenna(s) and related equipment would exceed the
structural capacity of the existing structure, and its reinforcement
cannot be accomplished at a reasonable cost.
(b)
The proposed antenna(s) and related equipment would cause radio
frequency interference with other existing equipment on the existing
structure, and this interference cannot be prevented at a reasonable
cost.
(c)
The existing structure does not have adequate location, space,
access, or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
The addition of the proposed antenna(s) and related equipment
would result in electromagnetic radiation from such structure exceeding
applicable standards established by the FCC.
(3)
The applicant shall undertake a good faith effort to contact
all owners of a potentially suitable tower, building, or structure
on the inventory to determine the owner's willingness to allow the
co-location of the proposed WTF on its tower, building, or structure.
If a suitable existing tower, building, or structure is found, it
shall be used to mount the antenna unless the applicant provides written
proof to the Township that the owner denied permission to the applicant
to install the antenna on this tower, building, or structure or that
a commercially reasonable agreement could not be reached with the
owner.
D.
Timing of Approval. Within 30 calendar days of the filing of an application
for a tower-based WTF with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. Any application for a tower-based WTF shall
be acted upon within 150 days of the receipt of a fully completed
application for a tower-based WTF. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period. The Township shall advise the
applicant in writing of its decision on the application.
E.
Removal. In the event that use of a tower-based WTF 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 WTFs or portions of WTFs shall be
removed as follows:
(1)
All unused or abandoned tower-based WTFs 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.
(2)
If the WTF 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 WTF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WTF, including any expenses incurred
in conjunction with the removal of these facilities, including, but
not limited to, engineering fees, attorney's fees, construction or
demolition costs, and repair costs.
(3)
Any unused portions of tower-based WTFs, 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
WTF previously removed.
(4)
If the owner of the WTF fails to reimburse the Township for
the costs of any removal activities undertaken by the Township within
30 days of being invoiced for the same, the Township may make demand
upon any bond or other financial security maintained with the Township
for such WTF for the full amount owed to the Township, including any
expenses incurred in conjunction with the collection of these monies,
including, but not limited to, legal costs and attorney's fees.
(5)
Removal of a tower-based WTF located in the ROW shall comply
with the regulations set forth below for such facilities.
F.
Signs. All WTFs shall post a sign no greater than two square feet
indicating the name of the telecommunications facility owner(s) and
a twenty-four-hour emergency telephone number adjacent to the entry
gate. In addition, radio frequency radiation (RFR) warning signs and
the federal tower registration plate, where applicable, shall be posted
on the fence or as required to meet federal requirements. "No Trespassing"
signs may be posted at the discretion of the WTF owner(s). No commercial
signs shall be placed on any WTF.
G.
Additional Antennas. All tower-based WTF applicants shall provide
the Township with a written commitment that it will allow other service
providers to co-locate antennas on its tower-based WTF where technically
and economically feasible. The owner of a tower-based WTF shall not
install any additional antennas without obtaining the prior written
approval of the Township.
H.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WTF,
as well as inspection, monitoring, and other related costs.
I.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WTF shall, at its own cost and expense, obtain and maintain a bond
or other form of security acceptable to the Township Solicitor, in
an amount of $100,000 from a surety licensed to do business in Pennsylvania.
Such bond or security shall assure the faithful performance of the
terms and conditions of this chapter and shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The original of said bond
or security shall be provided to and held by the Township.
J.
Guy Wires. All guy wires associated with guyed towers shall be clearly
marked so as to be visible at all times and shall be located within
the fenced enclosure.
K.
Wetlands. All tower-based WTFs shall be prohibited from being in
or within 500 feet of any wetlands, any wildlife habitat for any threatened
or endangered species.
[Added by Ord. 2018-004, 3/6/2018; amended by Ord. No. 2021-007, 10/19/2021]
6.
General Requirements-Tower-Based WTFs Inside of ROW. The following
regulations shall apply to all tower-based wireless telecommunications
facilities located within the right-of-way of any public street and
all such WTFs shall comply with these requirements:
A.
Height. Every WTF shall be designed at the minimum functional height.
All WTF applicants must submit documentation to the Township justifying
the total height of the structure. The maximum total height of any
WTF located in the public rights-of-way shall not exceed 50 feet,
which height shall include all subsequent additions or alterations.
B.
Design Requirements.
(1)
WTF 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.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WTFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Equipment Location. All WTFs 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:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, the edge of the
cartway, the nearer edge of a sidewalk or pedestrian/bike path, or
any building.
(2)
Ground-mounted equipment that cannot be underground shall be
screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any underground vaults related to non-tower WTFs shall be reviewed
and approved by the Township.
D.
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 WTF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change, or alter the position of
any WTF 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:
(1)
The construction, repair, maintenance, or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
E.
Compensation for ROW Use. In addition to permit fees as described
above, every tower-based WTF 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 WTF 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 tower-based WTFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such WTFs.
7.
Specific Requirements — Tower-Based Facilities Outside of ROW.
The following regulations shall apply to tower-based wireless telecommunications
facilities located outside of the right-of-way of any public street
and all such WTFs shall comply with these specific requirements:
A.
Height. Any tower-based WTF shall be designed at the minimum functional
height. All tower-based WTF applicants must submit documentation to
the Township justifying the total height of the structure and shall
not exceed the minimum height necessary to provide adequate coverage
for the telecommunications use proposed for the tower. The maximum
total height of any tower-based WTF shall not exceed 110 feet, which
height shall include all subsequent additions or alterations. The
Board of Supervisors, in its sole discretion, however, may permit
the height to exceed 110 feet in order to accommodate a proposed co-location
and shall determine the maximum height of any tower-based WTF based
upon the above-requirements.
B.
Design Regulations and Finishes.
(1)
To promote the aesthetics and compatibility of the use within
the existing areas of the Township, tower-based WTFs located outside
the public rights-of-way shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WTF applicant shall be subject to
the approval of the Township. At a minimum, all applications for a
new WTF shall propose, where feasible, an alternate design in the
form of a tree, silo, or other common landscape feature.
(2)
Any height extensions to an existing tower-based WTF shall require
prior approval of the Township, and shall not increase the overall
height of the tower-based WTF to more than 110 feet, unless the Board
of Supervisors, in its sole discretion, determines to permit the height
to exceed 110 feet in order to accommodate a proposed co-location.
The Township reserves the right to deny such requests based upon aesthetic
and land use impact, or any other lawful considerations related to
the character of the Township. The Board of Supervisors, in its sole
discretion, shall determine the maximum height of any tower-based
WTF based upon the above-requirements.
(3)
Any proposed tower-based WTF outside the public rights-of-way
shall be designed structurally, electrically, and in all respects
to accommodate both the WTF applicant's antennas and comparable antennas
for future users.
(4)
Whenever stealth technologies are not employed, all tower-based
WTFs outside the public rights-of-way shall have a galvanized finish
unless otherwise required. The Board may require the tower(s) to be
painted with a rust-preventive paint of an appropriate color to harmonize
with the surroundings or be otherwise camouflaged to minimize the
adverse visual impact, except in cases in which the Federal Aviation
Administration (FAA) or other state or federal authorities have dictated
color.
(5)
Proposed WTFs shall not unreasonably interfere with the view
from any public park, conservation area, natural scenic vista, historic
building or district, or major view corridor. Narrow structures with
guyed supports may be preferred for aesthetic purposes.
C.
Surrounding Environs.
(1)
The tower-based WTF applicant shall ensure that the existing
vegetation, trees, and shrubs located within proximity to the WTF
structure is preserved to the maximum extent possible.
(2)
The tower-based WTF 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 WTF,
and anchors for guy wires, if used.
D.
Notice. In conjunction with an application for any WTF which shall
be located outside the public rights-of-way, the applicant shall mail
notice thereof to the owners and tenants of every property within
1,500 linear feet of the site of the proposed facility. Such notice
shall be made by regular mail to the landowner's last known address.
The address on the tax rolls shall be considered the last known address.
Such notice shall be mailed within 15 days of the submission of the
application. Verification of mailing, including a copy of the names,
addresses, and tax parcel numbers of each person to whom the notice
was mailed shall be given to the Township within 15 days of submission.
Where applicable, notice of the conditional use hearing date shall
be mailed to each of the persons listed on the verification.
E.
Sole Use on a Lot. A tower-based WTF is permitted as a sole use on
a lot so long as the minimum setbacks, as measured from the required
security fence, are either 75% of the height of the wireless support
structure or the yard setbacks applicable to the zoning district in
which the WTF is located, whichever is greater.
F.
Combined with Another Use. A tower-based WTF may be permitted on
a lot with an existing agricultural, industrial, commercial, institutional,
or municipal use, subject to the following conditions:
(1)
The existing use on the property shall be any permitted use
in the applicable zoning district, and need not be affiliated with
the WTF.
(2)
Minimum Lot Size. The minimum lot area shall be the area needed
to accommodate the tower/pole (guy wires if used), the telecommunications
equipment building, security fence, and buffer planting, which shall
be in addition to the required lot area for the existing permitted
use.
(3)
Minimum Setbacks. Minimum setbacks measured from the required
security fence: 75% of the height of the wireless support structure
or the yard setbacks applicable to the zoning district in which the
WTF is located, whichever is greater.
(4)
Access. Whenever feasible, the vehicular access to the communications
equipment building shall be provided along the circulation driveways
of the existing use.
G.
Fence/Screen.
(1)
An eight-foot high security fence shall completely surround
any tower-based WTF, guy wires, telecommunications equipment building,
or any other structure housing WTF equipment. Use of razor wire is
not permitted.
(2)
Buffer plantings meeting the requirements of § 22-520, Landscape Conservation and Improvement Plans of the Subdivision Ordinance [Chapter 22] shall be installed along the perimeter of the security fence and shall be sufficient to ensure that ground equipment and structures associated with the WTF are hidden from adjacent public roadways, unless otherwise approved by the Board of Supervisors. Existing on-site vegetation outside the immediate site for the WTF shall be preserved, and disturbance to existing topography shall be minimized, unless the disturbance is demonstrated to result in less visual impact from the WTF on surrounding properties and other vantage points.
H.
Accessory Equipment.
(1)
Ground-mounted equipment associated to, or connected with, a
tower-based WTF shall be underground or screened from public view
using stealth technologies, as described above.
(2)
All telecommunications equipment buildings, 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.
I.
Access Road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a tower-based
WTF. 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. One off-street parking space,
or one space per employee, whichever requires the greatest number
of spaces, shall be provided. Where necessary, the WTF owner shall
present documentation to the Township that the property owner has
granted an access easement for the proposed facility.
8.
General Requirements-Non-Tower Facilities Outside of ROW. All non-tower
wireless telecommunications facilities, except for those located in
the public rights-of-way, shall be subject to the following regulations:
A.
Permitted in All Zones Subject to Regulations. Non-tower WTFs are
permitted by right in all zoning districts in accordance with the
restrictions and conditions prescribed within this chapter and subject
to the prior written approval of the Township.
B.
Removal. In the event that use of a non-tower WTF 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 WTFs or portions of WTFs shall be removed as follows:
(1)
All abandoned or unused WTFs 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 WTF 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 WTF and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WTF.
(3)
Removal of a non-tower WTF located in the ROW shall comply with
the regulations set forth below for such facilities.
C.
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 WTF, as
well as related inspection, monitoring, and related costs. Where the
non-tower WTF does not substantially change the physical dimensions
of the wireless support structure to which it is attached, 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 this non-tower WTF or $1,000, whichever is less.
D.
Timing of Approval. Within 30 calendar days of the date that an application
for a non-tower WTF is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
Township's ninety-day review period.
E.
Bond. Prior to the issuance of a permit, the owner of a non-tower
WTF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond, or other form
of security acceptable to the Township Solicitor, in an amount of
$25,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
9.
General Requirements-Non-Tower Facilities in ROW. All non-tower wireless
telecommunications facilities located in the public rights-of-way
shall be subject to the following regulations:
A.
Co-location. Non-tower WTFs in the ROW shall only be co-located on
existing poles, such as existing utility poles or light poles, and
are permitted in all zones in accordance with the restrictions and
conditions prescribed within this chapter and subject to the prior
written approval of the Township.
B.
Design Requirements.
(1)
WTF 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.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WTFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WTF 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 WTF 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 WTFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such non-tower WTF.
D.
Time, Place and Manner. The Township shall determine the time, place
and manner of construction, maintenance, repair, and/or removal of
all non-tower WTFs 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, 66 Pa.C.S.A. § 101 et seq.
E.
Equipment Location. Non-tower WTFs 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:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb, the edge of the
cartway, the nearer edge of a sidewalk or pedestrian/bike path, or
any building.
(2)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any underground vaults related to non-tower WTFs shall be reviewed
and approved by the Township.
F.
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 WTF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change, or alter the position of
any WTF 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:
(1)
The construction, repair, maintenance, or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
G.
Visual or Land Use Impact. The Township retains the right to deny
an application for the construction or placement of a non-tower WTF
based upon visual and/or land use impact.
10.
Specific Requirements-Non-tower Facilities That Change Support Structure.
All non-tower wireless telecommunications facilities located outside
the rights-of-way that substantially change the wireless support structure
to which they are attached shall be subject to the following additional
regulations:
A.
Development Regulations. Non-tower WTFs shall be co-located on existing
structures, such as existing buildings or tower-based WTFs, subject
to the following conditions:
(1)
If the WTF applicant proposes to locate the communications equipment
associated with this WTF in a separate building, the following shall
be met:
(a)
Such a building shall comply with the minimum requirements for
the applicable zoning district.
(b)
A gated, eight-foot high security fence shall completely surround
this building. Use of razor wire is not permitted.
(c)
Buffer plantings meeting the requirements of § 22-520, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22] shall be installed along the perimeter of the security fence surrounding this building and shall be sufficient to ensure that it is hidden from adjacent public roadways, unless otherwise approved by the Board of Supervisors. Existing on-site vegetation outside the immediate site for the WTF shall be preserved, and disturbance to existing topography shall be minimized, unless the disturbance is demonstrated to result in less visual impact from the WTF on surrounding properties and other vantage points.
(d)
Vehicular access to this building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
B.
Design Regulations.
(1)
Non-tower WTFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WTF applicant
shall be subject to the approval of the Township.
(2)
Non-tower WTFs, which are mounted to a building or similar structure,
may not exceed a height of 20 feet above the roof or parapet, whichever
is higher. Or the applicable height limitation in the zoning district
whichever is lower.
(3)
All non-tower WTF 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.
(4)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter in any cross-sectional dimension than
is reasonably necessary for their proper functioning.
(5)
Noncommercial Usage Exemption. Persons utilizing satellite dishes
and antennas for the purpose of maintaining television, phone, and/or
Internet connections at their respective residences shall be exempt
from the regulations enumerated in this subsection.
C.
Removal, Replacement and Modification.
(1)
The removal and replacement of non-tower WTFs and/or accessory
equipment for the purpose of upgrading or repairing the WTF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WTF or the number of antennas.
(2)
Any material modification to a WTF shall require a prior amendment
to the original permit or authorization.
11.
Conditional Use Requirements. Applicants for a wireless telecommunications
facility shall present testimony and evidence to the Board of Supervisors
in support of the following requirements:
A.
The applicant shall present documentation that the facility is designed
in accordance with all the standards cited in this chapter for WTFs.
B.
The applicant shall demonstrate that the antenna/tower/pole for the
WTF is the minimum height necessary for the service area.
C.
The applicant shall demonstrate that the proposed WTF complies with
all state and federal laws and regulations concerning aviation safety.
D.
The need for additional buffer yard treatments shall be evaluated.
E.
The applicant shall demonstrate that the WTF must be located where
it is proposed in order to serve the applicant's service area and
that no other viable alternative co-location exists.
F.
Where the WTF is located on a property with another principal use,
the applicant shall present documentation that the owner of the property
has granted an easement for the proposed WTF and that vehicular access
will be provided to this facility.
12.
Temporary Wireless Telecommunications Facilities. Temporary WTFs
are subject to the following:
A.
Use of a temporary WTF requires a zoning permit from the Township,
unless otherwise prohibited by the WBCA or if such WTF is being employed
in response to an emergency.
B.
Temporary WTFs shall not be employed for longer than five days during
a special event.
C.
The maximum height of a temporary WTF is 50 feet from grade.
D.
Temporary WTFs shall comply with all applicable provisions of this
chapter.
13.
Wireless Telecommunications Facility Insurance. The owner of a WTF
shall obtain liability, property damage, and personal injury insurance
in the minimum amount of $1,000,000 per occurrence and $3,000,000
in the aggregate covering all portions of the WTF. The Township shall
be listed as an additional insured on these policies and proof of
this insurance coverage shall be provided to the Township. The owner(s)
shall arrange with the insurance carrier(s) for original certificates
of insurance for all renewals or cancellations of said insurance coverage
to be delivered to the Township. At a minimum the following insurance
requirements shall be satisfied:
A.
The required insurance must be obtained and maintained for the entire
period the WTF is in existence from pre-construction through final
decommissioning and rehabilitation. If the owner and operator, and
their respective contractors or subcontractors do not have the required
insurance, the Township will order such entities to cease operation
of the facility until such insurance is obtained.
B.
Copies of these insurance policies shall be filed with the Township
at the time of application. For entities that are entering the market,
the policies shall be filed prior to the commencement of construction
and once a year thereafter, and as provided below in the event of
a lapse of coverage. In addition to submitting these policies, the
owner shall provide the name, address and phone number of the insurance
carrier and identify an agent in case of inquiries.
C.
The policies of insurance shall contain a provision that coverages
afforded under such policies shall not be canceled until at least
30 days' prior written notice had been given to the Township. All
insurance policies shall be issued by companies authorized to do business
under the laws of the Commonwealth of Pennsylvania.
14.
Exempt Facilities.
A.
Township Facilities. Proposed or existing WTFs owned, operated, or
leased by the Township or located upon property owned by the Township
shall not be subject to the requirements of this section, nor to the
conditional use provisions of this section. This exemption does not
apply to proposed or existing WTFs located in Township-owned rights-of-way
and owned, operated, or leased by non-Township entities.
B.
Partially Exempt Facilities. Essential services as defined in Subsection 3 above; police, fire, ambulance, and other emergency dispatch; amateur (ham) radio; citizens-band radio; single-use local business radio dispatch; television antennas for home use; and temporary mobile facilities for television or radio broadcasts are all exempt from the requirements of this section, except for the applicable height and setback standards set forth above.
C.
No FCC-licensed WTF shall be considered exempt from this section
for any reason, whether or not said facility or use is proposed to
share a tower or other structure with partially exempt facilities,
unless it is a Township facility, as described above.
