[Ord. No. 2020-01, 1/6/2020]
A.
This Part establishes specific requirements for certain specific
uses, in addition to the sign, parking, environmental, and other general
requirements of this chapter Parts 15, 16, and 17, respectively, and
the particular requirements of each zoning district. Whenever two
requirements conflict, the stricter requirement shall apply.
B.
For uses allowed within a specific zoning district as a "special
exception" or a "conditional use," see the procedures of Part 1. These
procedures list a set of additional standards to which special exception
and conditional uses will be subject.
[Ord. No. 2020-01, 1/6/2020]
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult Uses (this is limited to the following: Adult Bookstore,
Adult Movie Theater, Massage Parlor, or Cabaret).
(a)
No such use shall be located within 500 linear feet of any primary
or secondary school, place of worship, public park, day-care center,
child nursery, library, LDR, MDR or LC Zoning District, or any site
marked as a proposed future park location on the Township's Official
Map.
(b)
No such use shall be located within 1,000 linear feet of any
other existing adult bookstore, adult movie theater, massage parlor
or cabaret.
(c)
A forty-foot buffer yard shall be provided, regardless of zoning
district, along all side and rear lot lines in accordance with Part
13, but with plantings having an initial minimum height of five feet
instead.
(d)
No obscene or pornographic material or words shall be placed
in view of or visible by persons who are not inside of the building(s)
that contain the use. Definite and specific precautions shall be taken
and put into place to prohibit minors from entering the premises,
and prominently on the premises.
(e)
Prior to receiving approval of the use, the applicant must prove
to the satisfaction of the Board of Supervisors that such use would
not in any way adversely affect the character of the surrounding area,
including property values.
(f)
No such use shall house, allow, permit, or tolerate for any
activity that violates any federal, state or Township law, statute,
rule, ordinance and/or regulation. Any violation of any such law,
statute, rule, ordinance, and/or regulation involving a criminal offense
of which the operator or occupant of the use has continuing actual
knowledge and allows, houses, permits, or tolerates to occur shall
be sufficient reason for the Township to withdraw and revoke any zoning
permit.
(g)
All signs shall comply with requirements of this chapter; see especially § 27-1711, Signs Prohibited in All Districts.
(h)
No such adult use shall be allowed or permitted in combination
with the sale of alcoholic beverages, nor will anyone be allowed to
furnish their own alcoholic beverages on the same premises.
(i)
The use shall not involve activities that constitute violation
of the Act of 1977, November 5, P.L. 221, No. 68, S 1 et seq., as
amended (18 Pa.C.S.A. § 5903) relating to display, sale,
lending, distribution, or exhibiting of obscene and other sexual material.
The term "obscene" as used in this chapter shall be defined in the
same manner and as broadly inclusive as allowed by the United States
Constitution.
(j)
Adult uses are specifically prohibited in all zoning districts
except the GI (General Industrial) Zoning District (Part 11) hereof.
(k)
A minimum lot area of two acres is required for each adult use.
(l)
Any private viewing booths shall not be completely enclosed,
shall be limited to one person or occupant per booth, and shall be
subject to supervision by an employee of the use.
(m)
No adult use may include live actual or simulated sex acts.
(n)
Only lawful massages as defined by Pennsylvania law shall be
performed in a massage parlor.
(2)
Adult Day-Care Center.
(a)
Shall obtain and maintain all required federal and state licenses
and permits.
(b)
Shall include constant supervision of clients or patients during
all hours of operation.
(c)
Shall not be related to rehabilitation of convicted felons,
treatment of the criminally insane, or the treatment of serious drug
or alcohol addiction.
(3)
Airport, Private Airstrip, or Heliport.
(a)
A minimum lot size of 25 acres shall be required for an airport
or private airstrip.
(b)
For a heliport, a minimum lot size of two acres shall be required
in an LI/B or GI Zoning District or 20 acres in any other zoning district.
(c)
Runways shall be oriented to minimize the hazards and disturbances
to adjacent areas and uses caused by or resulting from aircraft during
takeoff and landing.
(d)
The site and its design shall be approved by the Pennsylvania
Bureau of Aviation before the zoning permit is issued.
(e)
The expected flight paths must be such that a noise hazard, effect or impact in excess of the standards set forth in Part 15 of this chapter will not be created to existing residences or approved residential developments.
(f)
The end of any runway shall be a minimum of 1,000 feet and the
landing pad of a heliport shall be a minimum of 300 feet from any
existing principally residential use or approved residential development
which the applicant for the airport or heliport does not own or have
an option to purchase.
(g)
The Zoning Hearing Board may place such necessary and reasonable
conditions on the use to carry out the objectives of this chapter.
These conditions include limiting the types and size of aircraft,
the hours of operations, the number of flights and the general direction
of approach or departures. However, the Zoning Hearing Board shall
not place any conditions on the use that will seriously threaten the
safety of the operations.
(h)
These requirements also apply to a heliport as an accessory use, per the special standards in § 27-1403E(10).
(4)
Ammunition Manufacture.
(a)
Manufacture shall be limited to only ammunition containing smokeless
powder and not black powder.
(b)
Proprietor shall be fully licensed by the state and federal
governments and their respective agencies, as required.
(c)
Facility shall comply with National Fire Protection Association
495, Explosive Materials Code.
(d)
Facility shall comply with off-street parking regulations at
Table 16.1, Subsection F2, relating to industrial uses (other than
distribution and warehousing) and wholesale sales.
(e)
Retail sales, including without limitation limited retail sales
pursuant to Williams Township Ordinance 2013-4, shall be prohibited.
(5)
Animal Cemetery.
(a)
All the regulations for a "cemetery" in this section shall apply.
(b)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will be conducted in such a manner that
the public health and groundwater quality will not be threatened or
affected.
(c)
Any and all applicable statutes, laws, ordinances, and regulations
of the federal government, the Commonwealth of Pennsylvania and Williams
Township shall be followed.
(6)
Animal Hospital/Veterinary Office.
(a)
A minimum lot size of at least two acres shall be required for
animal hospitals treating small animals (such as dogs, cats, birds
or snakes). A minimum lot size of at least three acres shall be required
for those animal hospitals routinely treating large animals (such
as cattle, horses, or pigs).
(b)
All buildings in which animals are housed or provided care shall
be located at least 100 feet from all lot lines. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small animals provided
that the runs are at least 200 feet from any existing dwelling.
(d)
A commercial for-profit kennel and/or boarding facility shall
only be an accessory use and not a principal use.
(7)
Animal Husbandry.
(a)
The use shall be conducted on lot at least 10 acres in size.
(b)
No new barns, animal shelters, stables, feed yards, or manure
storage areas shall be located closer than 150 feet from any dwelling
(except the dwelling of the owner or lessee of the use), LDR or MDR
District boundaries, existing restaurants and from existing office
uses, and no closer than 200 feet from all exterior property lot lines.
(c)
No additions to existing barns, animal shelters, stables, feed
yards, or manure storage areas shall be located closer than 200 feet
from any property lines, LDR or MDR Zoning District boundaries, or
dwellings (except the dwelling of the owner or lessee of the use).
(d)
Any area used for the keeping of animals or livestock shall
be separated from any lot line of an existing residence, or any lot
line within a LDR or MDR District, by a fence.
(8)
Auditorium, Commercial.
(a)
A forty-foot buffer yard in accordance with Part 13 shall completely
separate the building and all off-street parking areas from any lot
line of any residential use or LDR or MDR District.
(b)
A commercial auditorium shall have a minimum lot size of five
acres.
(c)
The structure of a commercial auditorium with a capacity of
300 or more person shall be set back a minimum of 300 feet from the
lot line of any residential use or any LDR or MDR Zoning District
boundary line.
(9)
Auto Repair Garage.
(a)
All major repair, welding, sanding, and paintwork and power
tool work shall be performed within an enclosed building, with a ventilation
system that is directed away from any adjacent dwellings.
(b)
All reasonable efforts shall be made to prevent or minimize
noise, odor, vibration, light, or electrical interference to adjacent
lots.
(c)
Outdoor storage of autos and other vehicles shall not occur
within the paved area setback, nor closer than 20 feet from any residential
lot line.
(d)
Overnight outdoor storage of auto parts and junk shall be prohibited.
(e)
No "junk vehicle" (as defined by Part 2) or demolished inoperable
vehicle shall be stored within view of any public street or any dwelling
for a total of more than 10 days.
(f)
Service bay doors shall not face any abutting properties in
the abutting LDR or MDR Zoning Districts.
(g)
A use that is primarily intended to serve trucks with six or
more wheels shall have a minimum lot area of three acres, areas used
for repairs, fueling, and servicing of such vehicles shall be setback
a minimum of 200 feet from all existing residential lot lines and
residential zoning district boundaries.
(10)
Auto, Boat or Manufactured Home Sales.
(a)
No vehicle, boat or manufactured home on display shall occupy
any part of the existing or future street right-of-way required parking
area, or any paved area setback that is required by Part 16.
(b)
Auto, boat or manufactured home sales uses shall comply with light and glare standards in § 27-1514 of this chapter.
(c)
Auto service station.
[1]
See definition in Part 2, and definition of "auto
repair garage."
[2]
All activities shall be performed within a completely
enclosed building except those necessary to be performed at the fuel
or air pumps.
[3]
Fuel pumps shall be at least 25 feet from any existing
or future street right-of-way.
[4]
No vehicle parts or dismantled vehicles shall be
visible from any public street or dwelling.
[5]
No "junk vehicle" (as defined by Part 2) or demolished
inoperable vehicle shall be stored within view of any public street
or a dwelling for more than a total of 10 days.
[6]
All automobile service stations and any facility
dispensing gasoline or diesel fuel for purchase or sale shall have
the ability or capacity to serve a minimum of four cars simultaneously,
and shall contain adequate waiting area for four additional cars lined
up behind cars within the service area, without any obstruction to
traffic. Where such facility is located within a larger parking area
or shopping center, the facility shall include a traffic flow design
that provides safe internal traffic patterns within such larger parking
area, as well as safe ingress and egress to adjacent streets, so as
to minimize conflicts between vehicles and between vehicles and pedestrians.
[7]
A use that is primarily intended to serve trucks
with six or more wheels shall have a minimum lot area of three acres.
Areas used for fueling and servicing shall be setback a minimum of
100 feet from all existing residential lot lines and residential zoning
district boundaries.
[8]
Any canopy over the fuel pumps must be located
outside of the minimum front yard setback, and may be detached or
attached to the building.
[9]
The canopy maximum height is 25 feet, and all canopy
lighting shall be installed so that no fixtures are visible from any
road or beyond the lot line.
[10]
This use may be combined with commercial car wash or auto detailing [refer to § 27-1402A(16)] and/or convenience stores [refer to § 27-1402A(20) hereof below].
(11)
Boarding House.
(a)
The use shall be located on lot at least two acres in size.
(b)
The minimum setback from all lot lines is 40 feet.
(c)
The minimum lot width is 200 feet.
(d)
The maximum density is three sleeping rooms or six persons per
acre, whichever is greater.
(e)
Each sleeping room shall be limited to two persons each.
(f)
A twenty-foot-wide buffer yard with screening meeting the standards § 27-1304D shall be provided between any boarding house building and any abutting single-family detached dwelling that is within 100 feet of the proposed boarding house building.
(g)
A minimum of 400 square feet of interior floor space per resident
shall be provided.
(h)
The maximum number of residents per boarding house is 20.
(i)
Standards for "personal care centers," which is a separate use,
shall be observed.
(j)
Signs shall be limited to two wall signs (as defined by Part 17) with a maximum of two square feet each.
(k)
Sleeping rooms shall be rented for a minimum period of seven
consecutive days.
(12)
Bottling Plant.
(a)
The bottling plant shall use a Public Utilities Commission public
water system that is licensed and permitted by PADEP and holding a
certificate from the Public Utilities Commission.
(13)
Bus Station or Taxi Terminal.
(a)
Shall be on a lot with access available to but need not abut
or front an arterial street, without causing the vehicle traffic to
or from the use to pass through a primarily residential area.
(b)
Shall provide an area for the loading and unloading of buses
that is separate from required (daily or longer-term) off-street parking
areas, and also a separate area (short-term stopping, standing, or
parking) for pick-up and drop-off of persons from private vehicles.
(14)
Campground.
(a)
No sleeping quarters or tent sites shall be located within the
100-year floodplain.
(b)
There shall be a maximum average of either: two recreational
vehicle sites; five family tent sites; or cabin sleeping capacity
for six persons, per acre of total lot area.
(c)
Maximum impervious coverage shall be no more than 10%.
(d)
Township approved potable water and sewage disposal systems
shall be provided.
(e)
All campground developments shall have a minimum total land
area of not less than 10 acres.
(f)
No camping site may be occupied on a permanent basis. Campsites
shall be used for temporary or seasonal recreation use only.
(g)
The design of the campground shall conform to the current requirements
of the Pennsylvania Department of Environmental Protection for Travel
Trailer Parks and this chapter, whichever is more stringent. The applicant
shall submit proof of approval of the proposed plan by the Department
of Environmental Protection before the plan will be considered for
final approval by either the Planning Commission or Board of Supervisors.
(h)
Campsites shall be set back a minimum of 50 feet from any exterior
property line, and shall be screened from adjacent properties by buffer
plantings.
(i)
Campgrounds must be the primary use of a site, not an accessory
or second primary use. A caretaker's residence is considered part
of the primary use.
(15)
Cemetery.
(a)
The minimum lot area shall be two acres.
(b)
All structures and graves shall be setback a minimum of 30 feet
from any lot line of an abutting residential use or any abutting residentially
zoned lot, 20 feet from the future right-of-way of any public street,
and 10 feet from the cartway of any internal driveway.
(16)
Commercial Car Wash or Auto Detailing.
(a)
Traffic flow and ingress-egress routes and driveways shall not
cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(c)
Adequate provisions shall be made for the proper and convenient
disposal of refuse and solid waste.
(d)
Water used in the operation shall not be deposited or flow or
be discharged into any waterways. Centralized sewage disposal facilities
and centralized recirculating water supply facilities shall be provided.
(e)
Water dripping off cars from the car wash operation shall not
flow onto sidewalks or streets, to prevent hazards from ice.
(f)
Any car wash that is located within 200 feet of an existing
dwelling shall not operate between the hours of 10:00 p.m. and 7:00
a.m.
(g)
Any hazardous materials that may be detrimental to aquatic life
shall be stored within an area with a secondary containment that will
completely contain any leaks or spills.
(h)
Operation, design, and construction of the car wash are required
to meet all federal, state and Township requirements.
(i)
To allow for adequate stacking of waiting customers, three marked
parking stations per manual car wash bay shall be provided, and eight
marked parking stations per automatic car wash bay shall be provided.
(j)
Water used in the car wash shall be recycled and reused to the
maximum practical.
(17)
Commercial Crop Storage.
(a)
Any indoor storage shall not occur in ways that create a risk
of an explosive hazard. Measures to contain and suppress the accumulation
or spread of dust or vapors, sources of ignition, and fire shall be
installed and utilized to the maximum extent practicable.
(18)
Commercial Indoor and Outdoor Recreation.
(a)
No outdoor recreation area shall be located closer than 30 feet
from the lot line of any abutting dwelling.
(b)
No loudspeaker or amplifying device shall be permitted which
will project audible sound beyond the lot lines of the property.
(c)
No lighting shall be permitted which will directly shine on
or be visible from adjacent property.
(d)
Uses involving outdoor activities shall provide sufficient screening
and/or landscaping measures to mitigate any visual or audible impacts
on adjoining properties.
(e)
The proposed commercial indoor and outdoor recreation use applicant
shall furnish expert evidence which shows that the proposed use and
mitigation measures will not be detrimental to the use or values of
adjoining properties due to hours of operation, noise, light, litter,
dust and/or pollution.
(19)
Convenience Store.
(a)
Fuel sales may be permitted as an accessory use and shall comply with all requirements of "auto service station" as set forth in § 27-1402A(10) hereof (above) for such fuel sales.
(b)
Access onto public rights-of-way shall be controlled so that
there are distinct driveway access points for ingress and egress and
no continuous access is permitted along the frontage.
(c)
Outdoor storage and displays of merchandise or signs not related
to the use are prohibited.
(d)
Connection to public or central sewer and water systems is required.
(e)
Parking shall be adequate for the retail use.
(20)
Conversions to Residential Use and Conversions Increasing the
Number of Dwelling Units.
(a)
All state fire safety requirements shall be met.
(b)
Any on-lot septic system shall be recertified if the sewage flows will expand or increase, and be in accordance with the provisions of § 27-1510. The converted use shall not have an occupancy or capacity that is anticipated to create or generate sewage flows greater than the recertified capacity of the on-lot sewage disposal system.
(c)
The following regulations shall apply to the conversion of an
existing single-family detached dwelling into a greater number of
dwelling units:
[1]
The building shall maintain the appearance of a
single-family detached dwelling with a single entrance on the side
facing the front yard. The dwelling units may internally share the
single front entrance. Additional entrances may be placed on the side
facing the side or rear the structure.
[2]
The conversion shall not be permitted if it would
require the placement of an exterior stairway on the side facing the
front yard of the building, or would require the placement of more
than three off-street parking spaces in the required front yard.
(d)
A previously residential building shall maintain a clearly residential
appearance.
(e)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(f)
Off-street parking lots with three or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-1304.
(g)
Any trash container shall be screened from the view from either
a public street or abutting dwelling.
(h)
See also additional requirements for accessory uses for "Accessory Apartment Within an Existing Single-Family Detached Dwelling" at § 27-1403E(1).
(i)
A site plan of the conversion's location shall be submitted
to the Zoning Officer.
(j)
To be considered a conversion, any proposed alteration must
be confined to the interior of an already existing structural shell.
(k)
Any proposal to extend the sides or increase the height of an
existing structure shall not be considered a conversion, and shall
instead be required to meet the appropriate provisions established
in that district for that particular use.
(21)
Crop Storage. See "commercial crop storage."
(22)
Cultural Center/Community Center.
(a)
Community center may include an outdoor play area, provided
such areas are located in yard areas, and provide adequate separation,
safety, and protection from adjoining properties and roadways. The
play area shall be 30 feet minimum from the lot line of any abutting
dwelling.
(b)
Hours of outdoor activities shall be limited to the hours of
between 8:00 a.m. and sunset.
(c)
Any outdoor lighting shall be directed away and not visible
from adjoining residential uses.
(d)
The community center shall provide adequate and accessible closed
trash disposal containers.
(23)
Day-Care Center/Nursery School.
(a)
See also "day-care center/nursery school" as an accessory use to a residential use in § 27-1403E(5), and as "accessory uses permitted by right in certain zoned districts which permit by-right commercial industrial, and institutional uses" in § 27-1403D(1)(d)[1].
(b)
The use shall comply with all applicable county, state, and
federal laws and regulations, including but not limited to having
an appropriate Pennsylvania Department of Public Welfare registration,
certificate, or license.
(c)
Convenient parking spaces complying with the requirements of
Part 16 shall be provided for vehicles delivering and waiting to pick
up children.
(d)
In residential districts, the use shall have a minimum lot area
of 1,500 square feet for each child (other than children of the operator)
cared for at any one time.
(e)
The operation and design shall include adequate measures to
ensure the safety of children from traffic or other nearby hazards.
A secure fence shall surround any outside play area at least three
feet high.
(f)
Outside play areas in residential districts shall be limited
to use between the hours of 8:00 a.m. and 8:00 p.m. if located within
200 feet of any dwelling.
(g)
No portion of an outside play area shall be 30 feet or less
from the lot line of an existing abutting dwelling, without the written
consent of the owner of such dwelling.
(h)
A nursery school or day-care center may be located in a building
that also contains one dwelling unit. This use shall not be conducted
in a dwelling that is physically attached to another dwelling.
(i)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood.
(24)
Drive-In (Outdoor) Theater.
(a)
Any outdoor theater shall be on a lot abutting and with ingress
and egress to an arterial street or collector street (as defined on
the Official Street Classification Map).
(b)
An outdoor theater shall have a lot area of at least eight acres.
(c)
The movie screen shall be situated so that its face is not visible
from a public arterial or collector street.
(d)
The movie screen and any building shall be located at least
100 feet from any dwelling.
(e)
Traffic lanes to exit the use shall provide space to accommodate
at least 25% of theater capacity.
(f)
A playground and snack shop are permitted as accessory uses.
(g)
Pornographic, obscene or sexually explicit films shall not be
shown.
(h)
The theater shall not project images or conduct sales between
the hours of 12:00 midnight and 8:00 a.m. on Monday through Friday
and from 2:00 a.m. to 8:00 a.m. on Saturday and Sunday.
(i)
All audio from the shows shall be broadcast only through individual
speakers inside each vehicle and building, and shall not be audible
off the premises.
(24.1)
Electric Vehicle Charging Station — Level 3.
[Added by Ord. No. 2022-03, 8/10/2022]
(a)
Public EVCS must be reserved for parking and charging electric vehicles
and shall include signage indicating the reservation.
(c)
Level 3 EVCS shall be maintained in all respects, including the functioning
of the equipment. A phone number or other contact information shall
be provided on the equipment for reporting when it is not functioning,
or when other problems are encountered.
(d)
The property owner is permitted to collect a service fee for the
use of an EVCS made available to visitors of the property.
(e)
Site lighting shall be provided where an EVCS station is installed
unless charging is only permitted during daylight hours.
(f)
Battery charging station outlets, connector devices, and other electric
vehicle infrastructure shall meet all applicable codes and regulations.
(g)
Adequate battery charging station protection, such as concrete-filled
steel bollards, shall be used. Curbing may be used in lieu of bollards
if the battery charging station is set back a minimum of 24 inches
from the face of the curb.
(h)
Information shall be posted identifying voltage and amperage levels
and any time of use, fees or safety information related to the EVCS.
(25)
Emergency Services Station.
(a)
The Board of Supervisors may require that adequate mitigation
measures be taken to avoid frequent and severe noise conflicts or
impacts with any nearby residences.
(b)
The station shall have adequate and safe access onto a public
street, and shall be on or within 1/4 mile of a collector or arterial
street.
(c)
The station shall be sited only after and in accordance with
an adequate study of long-term emergency station needs of all emergency
services providers in the Township.
(27)
Fast Food Restaurant or any Drive-Through Service.
(a)
Trash or Garbage Container Screening. See § 27-1514. Outdoor trash receptacles shall be placed at convenient locations for patrons, at intervals of not more than 50 feet.
(b)
If drive-through service is provided, two outdoor menu boards
may be provided (in addition to the signs otherwise permitted) with
a maximum sign area of 24 square feet each. Letters on such signs
shall not be visible from beyond the lot line. Sound from speakers
at the drive-through service shall not be audible at any residential
dwelling or zoning district.
(d)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(e)
A statement shall be filed setting forth full particulars on
the operation to include, but not be limited to, any needed approvals
of the Pennsylvania Departments of Health, and Labor and Industry,
when applicable.
(f)
A litter pick-up on the site and on public streets within 100
feet of the site shall be conducted not less than once during each
day of operation, and a written record of same kept for inspection
and verification by the Township.
(g)
The lot shall be surrounded by a buffer yard with a fence or
vegetative screening at least initially four feet in height to a height
of six feet within three years.
(28)
Financial Institution: Any drive-up window(s) and waiting lanes
shall be located and have capacity for a sufficient number of vehicles
to ensure that traffic conflicts and hazards are avoided within the
site and along the streets and highways adjoining the use.
(29)
Fireworks Sale.
(a)
Sale of all fireworks including Pennsylvania legal fireworks
to non-Pennsylvania residents shall be accomplished in accordance
with Pennsylvania law.
(b)
Hours of operation shall be confined to 9:00 a.m. to 10:00 p.m.
(c)
All land development plans for construction, use or renovation
of an existing building for the purpose of selling fireworks shall
be reviewed by the Code Enforcement Officer for compliance with the
requirements of NFPA 1124, and all required fire safety codes, including,
but not limited to, the International Fire Code, and the Code Enforcement
Officer's comments and/or report shall be copied to the Township-designated
fire company(ies). Storage areas shall be separated from wholesale
or retail sales areas to which a purchaser may be admitted by appropriately
rated fire separation. The facility shall have a monitored burglar
and fire alarm system.
[Amended by Ord. No. 2022-9, 12/14/2022]
(d)
Any sale of fireworks shall be conducted within an approved
and inspected permanent building.
(e)
Such use shall be a standalone, permanent structure, shall not
be located within 2,500 feet of any premises selling firearms or another
facility licensed to sell consumer fireworks, and shall be located
no closer than 300 feet from a facility selling or dispensing gasoline,
propane, or other flammable products.
[Added by Ord. No. 2022-9, 12/14/2022]
(f)
Quarterly fire drills and preplanning meetings shall be conducted
as required by the primary fire department.
[Added by Ord. No. 2022-9, 12/14/2022]
(30)
Funeral Home. Minimum lot area is two acres.
(31)
Geothermal Systems. All geothermal systems shall comply with the specifications in § 27-1403E(9).
(32)
Golf Course.
(a)
A golf course shall be certified by Audubon International.
(b)
The course shall be designed so that golf balls are highly unlikely
to enter public streets or property that is not part of the golf course.
A dense screen of arborvitae or similar evergreen vegetation shall
be planted along the exterior lot lines and permitted to grow to a
height of not less than 20 feet for a minimum distance of 200 linear
feet on each side of the tee box.
(c)
A clubhouse, retail sales of golf supplies, and/or restaurant
may be permitted as an accessory use, if located a minimum of 300
feet from any exterior lot line.
(d)
A tent or membrane structure may be permitted as an accessory
to the original structure providing it contains no more that 30% of
the floor area in square feet of the primary structure. In addition,
all requirements for parking, sewer, water, and Health Department
shall be met prior to occupancy.
(e)
Minimum lot area is 20 acres.
(f)
Any outdoor lighting shall be located, designed, and constructed
in such a way that the lighting is not easily visible from adjacent
dwellings.
(g)
Maximum building coverage is 5%.
(h)
Maximum impervious coverage is 10%.
(i)
Fairways, greens, and sand traps shall be setback a minimum
of 100 feet from the lot line of any existing dwelling or residential
zoning district.
(j)
The golf course shall be designed to remain on one side of any
public right-of-way, and to not require patrons to cross any public
road during the course of play.
(33)
Group Home.
(a)
See definition in Part 2.
(b)
No individuals whose tenancy or presence in the group home would
constitute a direct threat to the health or safety of other individuals
or would result in substantial physical damage to the property of
others may reside at the group home.
(c)
The residents of the group home must meet the definition of
"family" in § 27-202, meaning that:
[1]
The residents of the group home must function as
a common household.
[2]
No more than one unrelated, handicapped individual
per bedroom may reside at the group home.
[3]
The number of bedrooms of the group home must not
exceed the number of bedrooms approved on the sewage permit for the
property.
(d)
The group home and the legal entity operating the group home
must remain licensed, compliant, and in good standing with any and
all applicable federal and state licensing authorities. Proof of compliance
with this provision must be provided to the Township annually, after
any expiration or revocation of such license or permit and upon request
not more frequently than once per year.
(e)
Individuals trained in the medical specialties for which the
group home is used shall provide around the clock supervision to the
residents of the group home.
(f)
A Township moving permit shall be required for any resident
moving into or out of the group home. When applying for a moving permit
for a resident who is moving into the group home, written certification
shall be provided by a licensed physician or the legal entity operating
the group home, certifying that the condition of each such resident
moving into the group home meets the definition of "handicap" under
the Federal Fair Housing Act, as amended. To the extent precluded
by HIPAA or other applicable law, the individually identifiable health
information of the resident shall not be required to be disclosed.
(34)
Health Care Medical Marijuana Organization.
(35)
Heliport. See "airport, private airstrip, or heliport" in this § 27-1402A(3).
(36)
Hospital.
(a)
At least two accessways or driveways with a minimum width of
20 feet each shall be provided from an arterial or collector street.
(b)
Adequate measures shall be taken to avoid noise impacts from
emergency sirens, truck deliveries, waste collection, etc., in the
vicinity of a residential district.
(c)
Hospital uses shall have a minimum lot size of two acres.
(d)
Heliports shall not be permitted as an accessory use unless
no noise impact on existing residences and residential districts can
be shown.
(37)
Hotel/Motel.
(a)
Accessory uses to a hotel or motel that may be permitted are
recreational facilities limited to guests of the use, and a standard
restaurant.
(b)
A hotel or motel shall serve only temporary short-term guests.
Any building or structure that is routinely inhabited by any persons
for periods longer than 30 days shall be considered to be a boarding
house and regulated as such.
(c)
A statement shall be shall be filed with the Township setting
forth full particulars on the operation to be conducted and to include,
but not be limited to, any needed approvals of the Pennsylvania Departments
of Health and Labor and Industry, where applicable.
(38)
Incinerators, Resource Recovery, and Similar Facilities.
(a)
The site for an incinerator, resource recovery, or similar facility
shall contain at least five acres for any facility with a capacity
to treat or dispose of zero to 300 tons of waste per day. The size
of the site shall be increased by two additional acres of land for
each additional capacity of 100 tons per day, or fraction thereof,
above 300 tons of waste per day.
(b)
The site and facility shall comply with all applicable federal
and state rules, regulations, and requirements and conditions of its
permit or license, and in all cases the most stringent requirements
shall apply.
(c)
Only agricultural waste, municipal waste and residual waste
may be processed, treated, or disposed of at the facility.
(d)
Each facility shall be operated and maintained in such a manner
as to prevent health hazards, environmental degradation, the attraction,
harborage or breeding of insects, rodents, vermin, or vectors, and
to eliminate conditions which create safety hazards or public nuisances,
or which impose an undue burden upon the Township or its municipal
services infrastructure.
(e)
Access to a facility shall be limited in the following manner:
[1]
Access to the site or facility shall be limited
to within normal operating hours (herein defined), and attendants
shall be present at the site during all operating hours.
[2]
Gates or other suitable barriers shall be erected
at all vehicular entrances or exits of the site to block access to
the site or facility when it is not in operation.
[3]
Normal operating hours shall be from 6:00 a.m.
to 6:00 p.m. Monday through Friday and from 6:00 a.m. to 12:00 noon
on Saturdays; provided, however, that incinerators, because of their
nature, shall not be limited in the hours that the burning process
may be conducted.
[4]
Normal delivery hours shall be between 6:00 a.m.
and 6:00 p.m. Monday to Friday and between 6:00 a.m. and 12:00 noon
on Saturdays. No deliveries may be received at or shipped from the
site outside the foregoing delivery times.
(f)
Measures and procedures to prevent and minimize fire hazards
shall be established and implemented or performed at the site or facility.
Signs or posters summarizing such measures and procedures shall be
prominently posted inside the building.
(g)
The operation shall be conducted so as to prevent the dispersal
or accumulation of any litter on or off the site.
(h)
The site and surrounding public roads and property shall be
monitored on a regular basis at least three times each week, to a
distance of at least 100 feet from any lot line to retrieve and remove
any litter which has accumulated upon or escaped to nonactive areas
of the site and/or surrounding public roads or properties.
(i)
The operator and/or owner of a facility shall take appropriate
measures to ensure that all waste materials shall remain within the
vehicles delivering wastes to the facility for treatment or disposal,
and to promptly remove any such materials that may have dropped or
fallen upon roads or neighboring properties.
(j)
The operator and/or owner of a facility shall take appropriate
measures to prevent the accumulation of mud, dirt, and/or dust on
roads leading to the site from vehicles traveling to or from the site,
and shall regularly and promptly remove any such mud, dirt, or dust
from said roads and their shoulders.
(k)
Lighting shall not produce a glare at the lot lines.
(l)
All loading and unloading shall be conducted within the confines
of a building. Buildings except incinerators shall be setback at least
100 feet from all street and property lines. Incinerators shall be
setback at least 200 feet from all street and property lines.
(m)
There shall be no storage of any waste materials, temporarily
or otherwise, outside of buildings.
(n)
No increase in noise level shall be created at the lot lines.
(39)
Junk Yard.
(a)
Storage of garbage, organic, biodegradable, or any hazardous
material or substances prohibited.
(b)
Outdoor storage of junk shall be at least 100 feet from any
lot line and any public street.
(c)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width.
(d)
The site shall be completely enclosed by a forty-foot-wide buffer yard, which complies with § 27-1304. This buffer yard shall be between the road right-of-way and required fencing. The initial height of the evergreen planting shall be six feet.
(e)
The burning or incineration of vehicles or junk shall be prohibited.
(f)
All junkyards shall be completely surrounded by well-maintained
and secure fencing, such as chain link, with a minimum height of seven
feet, and gates that are locked when not in operation.
(g)
No use shall produce noise or dust in violation of Part 15.
(h)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that adequate precautions will be taken to prevent the
release, discharge, spilling, and/or seepage of oils, gasoline, grease
or battery acid into the soil or water.
(40)
Kennel.
(a)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all lot lines of existing residential
uses and the boundaries of residential zoning districts.
(b)
Buildings shall be adequately soundproofed, so that sounds generated within the buildings cannot be perceived at a lot line of a residentially zoned lot or dwelling, and shall comply with the noise standards of § 27-1510.
(c)
No animal shall be permitted to use outdoor runs that are within
200 feet of an existing dwelling from 8:00 p.m. to 8:00 a.m.
(d)
State laws regulating kennels shall be observed.
(e)
A kennel may be used for breeding, and all kennel pens shall
be located within an enclosed area.
(f)
All hazardous materials, including pesticides and animal waste,
shall be stored and disposed of in accordance with DEP regulations
and stored outside of required setbacks, buffer areas, and the required
isolation distance from wells.
(g)
Minimum lot size for a kennel operation shall be three acres.
(41)
Laundry/Laundromat. Centralized or public sewage disposal facilities
and centralized or public water supply facilities shall be provided.
(42)
Life Care Center.
(a)
All of the requirements of the MDR Zoning District shall be
met as a minimum. A life care center may be developed using the same
density as would otherwise be permitted in the MDR Zoning District.
However, a tract may also include a nursing home in addition to the
permitted dwellings.
(b)
The life care center may include facilities providing common
retail needs and personal services. These facilities shall be limited
to 2,000 square feet of floor area for every 50 dwelling units. These
facilities shall be limited to use by residents and their occasional
guests.
(c)
The life care center may include a standard restaurant limited
to the residents and their occasional guests.
(d)
Any nursing home shall be intended to primarily eventually serve
the residents of the life care center. A maximum of one nursing home
bed is permitted for every three dwelling units.
(e)
Common recreational area for residents may be provided, as well
as administrative offices for the facility.
(f)
A minimum of 20% of the tract shall be maintained as common
open space. This area shall include walking paths and outdoor sitting
areas.
(g)
The following features are required throughout the project to
protect health and safety of senior citizen residents. All features
shall conform to the Uniform Building Code, as amended by the Commonwealth
from time to time, for handicapped access, and in addition shall have:
[1]
Handle or lever type spigots and doorknobs.
[2]
Showers designed and constructed for wheelchairs,
instead of or in addition to tubs in at least 30% of the units.
[3]
Nonskid surfaces in tubs, showers and floors.
[4]
Control of water temperature to avoid accidental
scalding.
[5]
Flush door entrance for wheelchair access.
[6]
Emergency signal systems in bathrooms and bedrooms.
[7]
Grab bars around all toilets and tubs. All grab
bars and towel racks shall be made of noncorrosive metal and shall
be able to support a weight or load of at least 250 pounds.
[8]
All cooking stoves shall be electric.
[9]
Stove burner controls shall be located in the front
of the stove.
[10]
Electric outlets shall be located at levels at
least 24 inches above the floor or in accidence with building codes
or ADA standards fro persons who are in wheelchairs or handicapped.
[11]
All light fixtures shall be located on the walls
at convenient levels, to avoid accidents that might otherwise occur
in the repair of ceiling fixtures, or else able to be lowered to floor
level.
[12]
There shall be ramps conforming to ADA standards
or elevators in addition to stairs for all floors intended or designated
for access, use, or occupancy by residents in wheelchairs.
[13]
All elevators shall have slow-closing doors with
sensitive reopening mechanisms upon contact with appendages still
in the doorway.
[14]
Handrails shall be provided along all steps, hallways,
ramps, and sloped walks, both indoors and outdoors.
[15]
The number of units that are primarily or entirely
on a single floor level at either a first floor or ground level should
be maximized and not less than 50% of the total number of units.
(43)
Medical Marijuana Dispensary. A medical marijuana dispensary
may not be within 1,000 feet of another medical marijuana dispensary
property line and must be more than 1,000 feet from the property line
of any public, private or parochial school, and day-care center/nursery
school.
(44)
Mineral Extraction.
(a)
The activities and residual effects of the use shall not create
conditions that are significantly hazardous or otherwise significantly
adverse to the value and customary use of adjacent properties. Adequate
and reasonable protection shall be provided to adjacent uses and properties.
(b)
The site shall be reclaimed in phases to a nonhazardous and
environmentally sound state permitting one or more economically productive
future uses and such that the mineral extracting activities and resulting
post-extraction condition of the site will not result in environmental
degradation of the surrounding area.
(c)
Alongside all exterior lot lines that are within 300 feet of
an area of excavation, a buffer yard covered by dense screening vegetation
with a width of 60 feet (other than approved driveways) shall be required.
(d)
Minimum lot size is 15 acres.
(e)
Minimum setback from all exterior lot lines is 100 feet.
(f)
Additional setbacks include: 200 feet from any publicly owned
recreational land, school, place of worship, creek, river, lake, or
wetland.
(g)
Secure chain-link fencing at least seven feet in height shall
surround all active areas of mineral extraction; all openings shall
have gates that shall be locked when not in use.
(h)
Noise and Performance Standards. See Part 15, which shall apply.
(i)
A copy of all documents submitted to the Township regarding
earth disturbance, and a soil erosion and sedimentation control plan
shall be sent to the County Conservation District for review.
(j)
The application shall be sent to the Township Engineer for a
review, with the costs of such review paid by the applicant.
(l)
The Zoning Hearing Board may reasonably limit the hours of operation
of the use and of related trucking and blasting operations to protect
the character of adjacent and affected areas. An initial presumption
of reasonable hours (which may be altered by competent evidence) is
from 7:00 a.m. to 6:00 p.m. daily except Sundays (Mondays through
Saturdays).
(m)
The Zoning Hearing Board shall consider the following information
as provided by the applicant and any reviewers in determining whether
a proposed mineral extraction use would adversely affect the public
health and safety:
[1]
The probable effect of the mining operation on
the existing water table or confined aquifer;
[2]
The probable effect of the mining operation on
surface waters (the Board may require the applicant to prepare studies
of the present water quality and quantity of surface and underground
waters which may be affected by the proposed mining operation, and
may receive other qualified and competent evidence on water quality);
and
[3]
The probable effect of blasting and other excavation
methods upon other uses and properties in the vicinity.
(n)
The applicant shall submit a complete copy of all application
materials and a site plan as submitted to the Zoning Hearing Board
to the Board of Supervisors and to the Planning Commission for review.
The applicant shall also submit a copy to the Zoning Officer of all
materials submitted to state agencies such as the PADEP Bureau of
Mining.
(o)
It is not the intent of this section to unlawfully preempt any
federal or state law, regulation, or permit. Unless a preemption of
this chapter exists or occurs, the most strict and least permissive
requirements shall be in effect where a conflict might exist.
(p)
State and Federal Permits. No mineral extraction use may begin,
expand, or continue without having in effect all required state and
federal permits, and being in compliance with all applicable laws,
regulations, and conditions of said permits.
(q)
Suitability of Streets.
[1]
The applicant shall have the responsibility and
burden of proof to demonstrate to the satisfaction of the Board that
the public street system proposed to be used will be adequate for
the amount of heavy truck traffic that is anticipated to be created.
[2]
If the Board determines that the mineral extraction
use would create unusually heavy truck traffic and that the existing
public street system is inadequate to handle the proposed unusually
heavy and noncustomary traffic, then the applicant may be required
by the Board to fund such improvements to streets within 1/2 mile
of the proposed mineral extraction use location as are reasonably
necessary to handle the heavy truck traffic that will be generated,
or to post such reasonable and necessary bonds to provide for any
serious and extraordinary damage to the Township's public street system
that may result from the use of Township streets by heavy trucks from
the use. Such improvements shall be in direct relation and in proportion
to the volume and weights of traffic generated by the use. Such improvements
may be made in phases and may be handled through posting of bonds
as provided by the Municipalities Planning Code for public improvements
for subdivisions and land developments or other financial security.
[3]
The Board may deny a mineral extraction application
if the Board finds that the public streets would be physically unable
to handle the heavy truck traffic, and if the applicant refuses to
fund the improvements necessary to mitigate the effects and impacts
of the applicant's additional volume and weights of traffic. The applicant
shall not be responsible for the on-going or future routine maintenance
of public streets.
(r)
Application Requirements. Each application for a special exception
for mineral extraction covering an area greater than one acre shall
contain the following information, at minimum:
[1]
Present uses of the land to be included in the
requested permit.
[2]
A location map (prepared by a registered professional
surveyor) showing:
[a]
The extent, dimensions, and proposed depth of the
area to be excavated;
[b]
Boundaries of land to be utilized by the mineral
extraction operation, including the locations of:
[c]
Abutting and closest boundaries of adjoining lands
owned by persons other than the applicant, and the existing uses of
those adjoining lands;
[d]
The location of all watercourses, bodies of water,
public rights-of-way, public buildings, public recreation areas, or
other public property on or within 400 feet of the boundaries of the
tract, lot, or, parcel of land to be utilized by the mineral extraction
operation.
[3]
A development plan for the area to be utilized
or affected by mineral extraction operation, prepared by a registered
professional engineer or the professional geologist identifying, showing,
and labeling:
[4]
A detailed land reclamation plan of the area to
be excavated, showing:
[a]
Proposed use or uses of the land following the
mineral extraction operations;
[b]
Proposed topography of land following the mineral
extraction operations;
[c]
Actions to be taken during mineral extraction to
conserve and replace topsoil removed during mineral extraction operations;
[d]
Reasonable financial and legal assurances and provisions
that the applicant will be capable of reclaiming the land in accordance
with the plan within a reasonable time after completion of the mineral
extraction operations to be covered by the requested permit; and
[e]
Such other information as the Zoning Hearing Board
may require to determine whether the proposed use will comply with
this chapter.
(s)
Regulation of the Maximum Acreage Available for Mineral Extraction.
[1]
Intent. To control the pace of mineral extraction
operations in a manner commensurate with the Township's ability to
promote orderly growth, to assimilate development activity created
by mineral extraction operations and related activities, to provide
necessary public services throughout the Township to assure adequate
protection of life and property, to provide for coordinated and practical
community development, to prevent overcrowding of land, blight, congestion
in travel and transportation, loss of life or property from flood
or other danger, to encourage expedient reclamation of mined lands,
and to provide incentives for the reclamation of inadequately reclaimed
lands.
[2]
The total land affected by mineral extraction at
any one time shall not exceed 100 acres on any lot, or any series
of lots, owned by either one applicant, or closely related applicants.
Any approval under this chapter shall be subject to a condition that
this requirement shall be met at all times.
[3]
Definition of "land affected by mineral extraction."
All total land area at any point in time that has been recently or
is currently being excavated, and/or has been recently or is currently
being reclaimed or backfilled following prior extraction operations,
and/or that contains waste or spoil piles from existing or prior mineral
extraction activities, but shall not include any lands upon which
the reclamation operations have been completed to the reasonable satisfaction
of the Township and the County Conservation District.
[4]
Documentation. The applicant shall be responsible
to periodically document to the Board or Zoning Officer that the maximum
area affected by mineral extraction is under 100 acres, request to
provide such documentation by the Board or Zoning Officer, within
10 business days after receipt of such request.
(t)
Unique or environmentally significant natural features, significant
historic or architectural buildings or structures and sites, or public
water supplies shall be protected from disruption or adverse effects
or impacts from quarrying and/or mineral extraction activities.
(44.1)
Manufactured Home.
(a)
Manufactured homes shall be constructed in accordance
with the Safety and Construction Standards of the U.S. Department
of Housing and Urban Development, latest edition. These standards
shall supersede the Uniform Construction Code.
(b)
The site shall be graded to provide a level, stable,
and well-drained area.
(c)
All wheels, axles, and hitch mechanisms shall be
removed after placement.
(d)
The manufactured home shall be placed on a permanent
foundation.
(e)
The home shall be enclosed from the bottom of the
home to the ground or stand using industry-approved skirting material
compatible with the home.
(f)
The home shall have a pitched roof instead of a
flat roof.
(g)
The home should be located with the longest side
facing the public or private street.
(45)
Manufactured Home Park.
(a)
A minimum tract size of five acres is required, and a maximum
overall density of not more than four homes per acre is permitted.
(b)
Public or centralized sewer and water service shall be provided
to each unit.
(c)
A thirty-foot buffer yard shall be maintained around the perimeter of the site, in accordance with § 27-1304.
(d)
Minimum separation between homes shall be not less than 20 feet.
(f)
A contiguous area that is suitable for active and/or passive
recreation shall be provided, with a minimum area equal to 1,000 square
feet per dwelling unit within the tract. Areas within the required
perimeter setback shall not count as this recreation area. This area
shall be developed as an active playground and level field suitable
for free play, unless the development would be limited to persons
over age 55, in which case gravel or paved trails at least four feet
wide and appropriate landscaping trees shall be provided instead.
(g)
Each unit shall comply with the requirements for manufactured
home, in § 27-1402A(44.1) above.
(h)
Manufactured home park may include as accessory uses an indoor
recreation center for residents, a rental/management office, maintenance
buildings for the park, a semipublic swimming pool, outdoor recreation
courts and fields such as for basketball, baseball, soccer, etc.,
and an office for the sale of manufactured homes that will be placed
on the tract.
(46)
Motor Vehicle Race Track.
(b)
Any area used for the testing, warm-up, racing, or repair, or
any other operation of race vehicle engines shall be setback a minimum
of 150 feet from the property line or boundary line of any lot used
for a dwelling or residentially zoned land that is exterior to the
tract that will be used for racing.
(c)
Minimum lot area is 10 acres.
(47)
Nursing Home.
(a)
Licensing shall comply with the definition in Part 2.
(b)
The use shall provide a minimum of 20% of the site suitable
and developed for passive recreation. This area shall include lawn,
landscaped, and planted or wooded outdoor sitting areas, and gravel
or paved pedestrian walks at least four feet wide.
(c)
The density shall not exceed more than one resident or bed per
500 square feet of total lot area.
(d)
Principal and accessory buildings shall be setback a minimum
of 50 feet from any lot line of an existing dwelling or undeveloped
residentially zoned land, unless a more restrictive setback is required
by another section, in which case the more restrictive shall apply.
(47.1)
Parking Lot.
[Added by Ord. No. 2022-01A, 5/11/2022]
(a)
The minimum lot area for a parking lot shall be one acre.
(c)
A motor vehicle may not be parked in a parking lot for longer than
12 hours in a twenty-four-hour period. There shall be no overnight
parking.
(d)
Parking of tractor trailers and box trucks shall not be permitted
in a parking lot.
(48)
Personal Care Center.
(a)
The standards for nursing homes in this section at § 27-1402A(47) above shall apply.
(b)
The "safety features" listed for life care centers within this section at § 27-1402A(42)(g) shall apply to a personal care center.
(50)
Place of Worship.
(a)
The minimum lot size is two acres.
(b)
Religious education rooms and meeting rooms that are used not more than three times per week are permitted accessory uses, provided that such uses and rooms are of such a size, character, and intensity that they are clearly customary and incidental to the place of worship. A day-care center/nursery school is also permitted, provided that it complies with the requirements for such use in this section at § 27-1402A(23). Noncommercial buses used primarily to transport persons to and from religious services and/or a day-care/nursery may be parked on the lot.
(c)
A maximum of one dwelling unit may be an accessory use to a
place of worship on the same lot. However, no such dwellings shall
be permitted in the LI/B or GI Zoning Districts.
(51)
Plant Nursery.
(a)
This use may include outdoor storage and display of plants and
trees.
(b)
Retail sales of trees and plants that were primarily raised
upon the lot. The only other retail sales that shall be permitted
are clearly customary and accessory retail sales of materials such
as mulch and topsoil, unless retail sales are specifically permitted
in the zoning district where the use is located.
(52)
Recycling Collection Center.
(a)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures to prevent the attraction of insects,
vermin, vectors, or rodents, the accumulation of rainwater and to
minimize any fire hazards.
(b)
Such facility shall have adequate access for service trucks,
and adequate off-street parking.
(c)
A thirty-foot buffer yard with screening as specified in § 27-1304 shall be provided between this use and any abutting lot with a dwelling or residential zoning district.
(d)
This use may be an accessory use to a commercial use, an industrial
use, a public or private primary or secondary school, a place of worship,
or a Township-owned use, subject to the limitations and requirements
of this subsection.
(e)
Materials to be collected shall be of the same character as
the following materials: paper, cardboard, aluminum, steel, plastics,
and glass. No trash or garbage shall be stored as part of the use.
(f)
The use shall not include operations other than collection,
accumulation, short-term storage, sorting, baling, loading, and routine
cleaning. No burning or landfilling shall occur.
(g)
The use shall not include the collection or processing of any
metals or pieces of metals that have an individual weight greater
than 10 pounds.
(h)
The use shall not include the delivery of more than 25 tons
of materials to the site in any twenty-four-hour period. A maximum
of 100 tons of material shall be stored on the site at any one time.
(53)
Restaurant, Fast food or Standard.
(a)
A fast-food or standard restaurant may include the accessory
sale of alcoholic beverages; however, if such sale is a primary or
substantial portion of the total trade, the requirements of a "tavern"
must be met.
(b)
If a primary or substantial portion of the total trade is in
admission charges for entertainment and the use has a capacity of
more than 300 persons for such entertainment, the requirements for
an "auditorium" shall be met.
(c)
Dumpster Screening. See § 27-1515D. Outdoor trash receptacles shall be placed at convenient locations for patrons.
(d)
If drive-through service is provided, two outdoor menu boards
may be provided (beyond the signs normally permitted) with a maximum
sign area of 24 square feet each. Letters on such signs shall not
be visible from beyond the lot line.
(f)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(g)
A statement setting forth full particulars on the operation
to be conducted and to include, but not be limited to, any needed
approvals of the Pennsylvania Departments of Health and Labor and
Industry shall be filed where applicable.
(54)
Retirement Village.
(a)
A retirement village may be constructed in conformance with
the requirements of the MDR Zoning District for any permitted housing
types. The minimum buildable area per dwelling unit may be reduced
by 15% except for townhouses.
(b)
No greater than 30% of the dwelling units shall contain three
or more bedrooms.
(c)
A minimum of 80% of the residents and at least one resident
per unit must at least 55 years of age. A deed restriction to this
effect shall be placed on the property, and a report attesting to
this fact shall be provided annually to the Township by the homeowners'
association or management company.
(e)
A community center for the residents may include: library, laundry
room, exercise room, kitchen, craft shop, pantry, restaurant/cafeteria
limited to residents and their guests, or similar facilities.
(f)
Prior to final approval and recording of the plans, the legal
arrangements and contracts to ensure adherence to the age restrictions
shall be subject to review and approval by the Township, which approval
shall be a condition precedent to such recording.
(g)
A minimum tract size of four acres is required.
(55)
School, Public or Private, Primary or Secondary.
(a)
The minimum lot area shall be one acre, unless the applicable
zoning district requires a larger lot size.
(b)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within a required front yard, or within
30 feet of a lot line of an existing dwelling.
(c)
Both public or central sewer and public or central water services
shall serve the use.
(e)
The use shall not include a dormitory unless one is specifically
permitted in the zoning district.
(56)
Self-Storage Development.
(a)
All storage units shall be of fire-resistant and water-resistant
material and construction.
(b)
Outdoor storage shall be limited to recreational vehicles, boats,
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored on the site.
(d)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas, or accessways or in front
of any doors.
(e)
Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the zoning district and the use meets those requirements as set forth in § 27-1402A(9) above.
(f)
Adequate lighting shall be provided for security, but shall
be directed away or shielded from any adjacent residential uses.
(g)
All outdoor storage areas located within 200 feet of the future right-of-way of an expressway or arterial street shall have that portion separated from that street by a buffer yard with screening in conformity with § 27-1304.
(h)
Maximum building length is 200 feet.
(i)
Minimum separation between buildings shall be 20 feet.
(j)
An application for land development shall be required for any
self-storage development, and shall be approved before any construction
begins.
(56.1)
Self-Storage Development, Highway
Adjacent.
[Added by Ord. No. 2023-1, 6/14/2023]
(a)
All storage units shall be part of a fully enclosed
or drive-up self-storage facility, and the storage units shall be
constructed with noncombustible materials and water-resistant material
and construction.
(b)
There shall be no outdoor storage.
(c)
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins, or similar items shall not be stored on
the site.
(d)
Nothing shall be stored in interior traffic aisles,
required off-street parking areas, loading areas, or accessways or
in front of any doors.
(e)
Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the zoning district and the use meets those requirements as set forth in § 27-1402A(9) above.
(57)
Short-Term Transient Rental Use.
(a)
One off-street parking space shall be provided for each bedroom
rented as part of the short-term transient rental.
(b)
Maximum occupancy shall be determined by the number of rented
bedrooms, and specifically no more than two occupants shall inhabit
any bedroom.
(c)
The minimum term of rental shall be one day and the maximum
term of rental shall be 14 days.
(d)
The property shall be used as a short-term transient rental
for no more than 60 days in a calendar year.
(e)
The sewage disposal system shall be sufficient to handle the
proposed maximum occupancy as determined by the Sewage Enforcement
Officer.
(f)
If the short-term transient rental is served by a private well
for water, the water must be tested annually and the results provided
to the Township as part of license renewal.
(58)
Slaughter House.
(a)
Minimum lot area is 10 acres.
(b)
The building(s) where slaughtering takes place shall not be
located closer than 300 feet from all exterior lot lines, and no closer
than 500 feet from an existing dwelling or the boundary of a residential
zoning district.
(c)
An approved water and sewer system adequate to convey or treat
the loads and flows is required.
(d)
All requirements of the Pennsylvania Department of Environmental
Protection, the PA Department of Agriculture, and the US Department
of Agriculture shall be observed.
(58.1)
Solar Energy System, off-site usage.
[Added by Ord. No. 2022-02, 5/11/2022]
(a)
Solar energy systems shall not be used for displaying
any advertising except for reasonable identification of the manufacturer,
owner, and/or operator of the system. In no case shall any such identification
be visible from beyond or outside the property line.
(b)
The design of solar energy systems shall, to the
extent reasonably possible, use materials, colors, textures, screening,
and landscaping that will blend with the existing and surrounding
environment; and all panels shall be oriented in the same direction;
that is, vertically or horizontally.
(c)
Solar panels installed as ground arrays shall comply
with the following:
[1]
No adjacent property owner shall be required to
remove or cut any plant, bush, crop, or tree.
[2]
Ground arrays may not project into a required yard
setback.
[3]
The maximum fixed angle from the horizontal of
the ground array shall not exceed 75°.
[4]
The property owner shall be required to install
a locked and secure (minimum) six-foot-high fence around the ground
array and the equipment related thereto.
(d)
Roof-mounted solar energy systems shall comply
with the following:
[1]
Permitted solar energy system panels shall include
integrated solar panels as the surface layer of the roof structure
with no additional apparent change in relief or projection (the preferred
installation) or separate solar panels attached flat to the roof's
surface.
[2]
Roof-mounted solar panels other than those described
in Subsection E(23)(d)[1] (above) shall be permitted so long as such
roof-mounted solar panels are located on a rear or side facing roof,
as viewed from any adjacent street; shall not exceed three feet above
the plane of a sloped rooftop at any point, shall not project vertically
above the peak or ridge line of a sloped roof or more than five feet
above a flat roof.
[3]
The highest point of solar panels on rooftops shall
not exceed one foot above the permitted height of the zoning district.
[4]
Before the issuance of a zoning and/or building
permit, the applicant shall provide a Pennsylvania-licensed professional
engineer's certification with the engineer's seal that the roof can
support the panels and equipment to be installed on it.
(e)
All mechanical equipment associated with and necessary
for the operation of the solar energy system shall comply with the
following:
[1]
The design and installation of the solar energy
system shall conform to applicable industry standards. A building
permit shall be obtained for a solar energy system in accordance with
the requirements of the Pennsylvania Uniform Construction Code (UCC),
as amended. All wiring shall comply with the applicable version of
the National Electric Code (NEC), as amended. The local electric utility
service provider shall be contacted by the owner and/or applicant
to determine grid interconnection and net metering policies.
[2]
The solar energy system owner, at his or her expense,
shall complete decommissioning of the system within 12 months after
the end of the useful life of the system, within 12 months of damage
which prevents the system from operating at full capacity and in a
safe manner, and which damage remains continuously unrepaired or uncorrected
during the entire said twelve-month period or within 12 months of
continuous nongeneration of electricity.
[3]
A Pennsylvania structural engineer shall seal all
plans for either a ground array or roof-mounted solar energy system
to certify that the roof can support the loads, and that the roof
and/or ground array can withstand 100-mile-per-hour winds.
[4]
Only a North American Board of Certified Energy
Practitioner (NABCEP) or a licensed electrician shall install a solar
energy system.
(f)
Solar energy system, off-site usage, use shall not be a permitted
use on any property that is subject to a conservation easement held
by the Commonwealth of Pennsylvania and/or Northampton County and/or
Williams Township and/or any nonprofit conservancy or land preservation
entity.
(59)
Stable, Nonhousehold.
(a)
Minimum lot area is three acres.
(b)
Any horse barn, corral, fenced-in area, or stable shall be a
minimum of 50 feet from any lot line, and a minimum of 150 feet from
any existing dwelling that is exterior to the lot with the animals
on it.
(c)
Shall have an approved water and sewage disposal system.
(d)
All hazardous materials, including pesticides and animal waste,
shall be disposed and shall be stored in accordance with applicable
DEP regulations and shall be stored outside of required setbacks,
and buffer areas, and the required isolation distance from water wells.
(60)
Swimming Pool, Public or Semipublic.
(a)
The water surface shall be setback at least 50 feet from any
existing dwelling.
(b)
A two-acre minimum lot area is required.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-1304.
(d)
The swimming pool shall be entirely enclosed with a secure childproof
fence not less than six feet in height, equipped with self-closing
and self-latching gates which can be locked.
(61)
Target Range (Outdoor).
(a)
All outdoor target ranges shall have a barrier behind the target
area, which is at least 10 feet in height and of sufficient thickness
and width to adequately protect the public safety and individuals
on abutting properties. This barrier shall be made of earth or similar
materials.
(b)
A firearms rifle range shall comply with National Rifle Association
standards and other applicable federal, state, and local regulations.
(c)
A firearm rifle range shall be located a minimum of 300 feet
from the lot line of any existing residential use or any LDR or MDR
Zoning District.
(e)
The use shall clearly not cause a hazard to life or property.
(f)
The use shall be entirely enclosed by a secure and locked childproof
fence not less than six feet in height, and properly posted at intervals
not greater than 50 feet.
(62)
Taxi Station. See "bus station."
(63)
Transfer Stations.
(a)
Minimum lot size shall be at least five acres.
(b)
The site and facility shall comply with all applicable federal
and state laws, rules, regulations, and requirements and conditions
of permits and orders, and in all cases the most stringent requirements
shall apply.
(c)
Only permitted waste as listed in § 27-1903 may be handled, processed, or disposed of at this facility.
(d)
Each facility shall be operated and maintained in such a manner
as to prevent health hazards, environmental degradation, the attraction,
harborage or breeding of insects, rodents, vermin, or vectors, to
eliminate conditions which create safety hazards or public nuisances
or which impose an undue burden upon the Township or its municipal
services infrastructure.
(e)
Access to the site and facility shall be limited in the following
manner:
[1]
Access shall be limited to normal operating hours,
and attendants shall be present at the site during all operating hours.
[2]
Gates or other suitable barriers shall be erected
at all vehicular entrances to or exits from the site to block vehicle
access to the site or facility when it is not in operation.
[3]
Normal operating hours shall be from 6:00 a.m.
to 6:00 p.m. Monday through Friday and from 6:00 a.m. to 12:00 noon
on Saturdays. The facility shall not be operated on Sundays or outside
said hours.
[4]
Normal delivery hours shall be between 6:00 a.m.
and 6:00 p.m. Monday to Friday and between 6:00 a.m. and 12:00 noon
on Saturdays. No deliveries may be received at the site outside the
foregoing delivery times operating hours.
(f)
Measures and procedures to prevent and minimize fire hazards
shall be established and practiced at the site or facility at least
semiannually.
(g)
The operation shall be conducted so as to prevent the dispersal
or accumulation of any litter on or off the site.
(h)
The site and surrounding roads and property within 0.1 mile
of the site shall be policed on a daily basis on each day of operation
to retrieve and remove any litter that has been deposited upon or
escaped to nonactive areas of the site and/or surrounding roads or
properties. A written record of such activity shall be kept at the
site.
(i)
The operator of a facility shall take appropriate measures to
ensure that all waste materials shall remain within the vehicles delivering
to the facility for processing and to promptly remove any such materials
that may fall or be dropped, blown or spilled upon roads or neighboring
properties.
(j)
The operator of a facility shall take appropriate measures to
prevent the accumulation of mud, dirt, or dust on roads leading from
the site from vehicles traveling to or from the site and shall promptly
remove any such mud, dirt, or dust from said roads and their shoulders
on a daily basis during each day of operation. A written record of
such activity shall be kept at the site.
(k)
Lighting shall not produce a glare at the exterior lot lines.
(l)
All transfer station waste handling activity, including waste
sorting or storage, and vehicle maneuvering for waste dumping and
loading of waste into transfer vehicles, shall occur within completely
enclosed structures or buildings.
(m)
There shall be no storage of waste, temporarily or otherwise,
outside of buildings.
(n)
No increase in noise level shall be created at the exterior
lot lines.
(64)
Truck Terminal.
(a)
Minimum lot area is 10 acres.
(b)
All tractor-trailer truck parking, outdoor storage, and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot-wide buffer yard. This buffer yard shall meet the buffer yard provisions of § 27-1304, except for the provisions altered by this section as follows:
[1]
Include evergreen screening meeting the provisions of § 27-1304, except that an average of one such evergreen tree shall be planted for every 30 feet of length of the buffer yard, instead of evergreens being intended to form a solid visual screen. Such evergreens may be planted at irregular intervals, and may be clustered.
[2]
Include the planting of deciduous shade trees,
which shall meet the following requirements:
(d)
An average of one such tree shall be planted for each 60 feet
of length of the buffer yard, but the trees may be planted at irregular
intervals, and may be clustered.
(f)
Be of types selected as recognized to be resistant to diesel
exhaust.
(g)
Be planted on the exterior side of any berm as required by § 27-1402A(64)(h) (or any wall or fence that might be permitted in place of such berm), but shall not be on the top of the berm; or may be planted within the future street right-of-way.
(h)
Any tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from and are within 250 feet of the exterior
lot lines of the use shall be separated from such lot lines by an
earthen berm. Such berm shall meet the following requirements:
[1]
Average a minimum of five feet in height above
the adjacent average ground level (disregarding any drainage channel)
on the outside of the berm;
[2]
Not have a single continuous height value, but
instead shall vary in height by one to two feet in places along its
length;
[3]
Have a maximum side slope of three horizontal to
one vertical; and
[4]
Be covered by a well-maintained all-season natural
groundcover, such as grass.
(i)
The use shall not be required to comply with § 27-1603G(2) or (3) of the paved area landscaping requirements of this chapter.
(j)
Any entrance or exit for trucks, loading/unloading, outdoor
storage, or truck parking area shall be a minimum of 250 feet from
any dwelling.
(k)
The use shall have its main access drives within 3,000 feet
of a ramp of an expressway.
(l)
The use shall include an appropriate system to collect, contain
and properly dispose of any fuel, grease, oils, or similar pollutants
that may spill or leak or be released where such substances are stored,
or where vehicles are fueled, repaired or maintained.
(65)
Warehouse or Wholesale.
(a)
Shall comply with the off-street loading requirements in Part
16.
(b)
No storage of trash, garbage, refuse, highly explosive or flammable
materials, hazardous or highly toxic substances, animals, animal carcasses,
or similar items shall be permitted (other than small quantities of
wastes generated solely by the personnel and operations on the site,
and which shall be completely removed no less frequently than weekly).
(c)
Uses that would involve an average of more than 300 tractor-trailers
per weekday either entering or leaving the site comply with the additional
standards in this section for a truck terminal.
(d)
Shall comply with requirements in § 27-1403E(17) (below) for "Outdoor Storage or Display."
(e)
Completion of retail sales initiated off-premises (by telephone,
mail, electronic means or otherwise) are permitted at warehouse or
wholesale use premises if the following are met:
[1]
The warehouse or wholesale use shall not have a
showroom or store area open to the public for browsing products;
[2]
The public shall be prohibited from entering any
warehouse area designated for storing products regularly sold wholesale;
[3]
The warehouse or wholesale use shall have a designated
office area separate from the warehouse area use for storing products
regularly sold wholesale where customers may complete retail transactions
initiated off-premises;
[4]
Parking shall be available at a rate of one parking
space per 150 square feet of floor area of office area designated
for completion of retail transactions initiated off-premises with
at minimum two such spaces reserved for retail completion and marked
by signage located within 75 feet of the designated office area; and
(65.1)
Wind Energy Facility Use.
[Added by Ord. No. 2022-02, 5/11/2022]
(a)
Dimensional Requirements.
[1]
Minimum lot area: 20 acres.
[2]
Minimum lot width: 200 feet.
[3]
Minimum lot depth: 100 feet.
[4]
Minimum front yard setback: 75 feet from the adjoining street
center line (or 1.1 times the height of the device, whichever is greater).
[5]
Paved area setbacks: 100 feet from all lot lines.
[6]
Maximum building coverage: 50%.
[7]
Maximum impervious coverage: 70%.
[8]
Minimum side yard: 100 feet except as provided for specific
principal and accessory structures, buildings, and uses (or 1.1 times
the height of the device, whichever is greater).
[9]
Minimum rear yard: 100 feet (or 1.1 times the height of the
device, whichever is greater).
[10]
Maximum height of the structure, including all moving and rotating
parts, shall be 100 feet, measured from the undisturbed ground elevation
at the base of the device, to the highest point of the arc of the
blade, helix, or to the top of the tower, whichever is greater.
(b)
Meteorological Tower as Accessory Use. A meteorological tower shall
be an accessory use and accessory structure to a wind energy facility
use permitted by right.
[1]
A meteorological tower is a structure designed to support the
gathering of wind energy resource data, and includes the tower, base
plate, anchors, guy cables and hardware, anemometers (wind speed indicators),
wind direction vanes, booms to hold equipment, anemometers and vanes,
data logger, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
[2]
A meteorological tower shall comply with all dimensional requirements
prescribed for the wind energy facility use.
(c)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side, or rear yards.
(d)
All utility lines, including electrical wires other than wires necessary
to connect the wind generator to the tower wiring, the tower wiring
to the disconnect junction box, and the grounding wires, must be installed
underground in accordance with National Electrical Code (latest edition)
and the prevailing standards of the servicing utility company.
(e)
Any wind energy facility that is defective, or has been abandoned,
that is deemed to be unsafe by the Township Building Code Official
shall be required to be repaired by the owner to meet federal, state,
and local safety standards, or be removed by the property owner within
60 days of written notification from Williams Township. If the owner
fails to remove or repair the defective or abandoned wind energy facility,
the Township may pursue action to have the facility removed at the
owner's expense.
(f)
A wind energy system, including tower, shall comply with all applicable
state construction and electrical codes, and the National Electrical
Code. Prior to issuance of a building/zoning permit for installation
of the device, the applicant must submit to Williams Township all
documentation required by the Williams Township Building Code Official
to verify that the design of the device complies with the Pennsylvania
Uniform Construction Code (UCC), including, but not limited to, documentation
of the structural integrity of the foundation, base, tower, and all
appurtenant structures, and electrical design. Design information
must be signed and sealed by a licensed professional engineer in the
Commonwealth of Pennsylvania, and/or the equipment manufacturer.
(g)
The use shall not interfere with the reception of any radio, television,
or other communication equipment, nor inhibit solar access to adjacent
properties.
(h)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(i)
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
guy wires up to a height of 10 feet from the ground.
(j)
All wind energy systems shall be equipped with a redundant braking
system. This includes both aerodynamic overspeed controls (including
variable pitch, tip, and other similar systems) and mechanical brakes.
Mechanical brakes shall be operated in a fail-safe mode. Stall regulation
shall not be considered a sufficient braking system for overspeed
protection.
(k)
The applicant shall make reasonable efforts to minimize shadow flicker
at the property line.
(l)
A nonparticipating landowner shall not intentionally block, interfere
with, or disrupt the functional operation from an existing wind energy
system. If such action or event should occur, the matter shall be
resolved as a civil dispute between the landowners, and Williams Township
shall not be held responsible.
(m)
A wind energy facility shall not be a permitted use on any property
that is subject to a conservation easement held by the Commonwealth
of Pennsylvania and/or Northampton County and/or Williams Township
and/or any nonprofit conservancy or land preservation entity.
(66)
Wireless Communications Facilities.
(a)
General and Specific Requirements for Non-Tower Wireless Communications
Facilities.
[1]
The following regulations shall apply to all non-tower
WCF:
[a]
Permitted in all zones subject to regulations.
Non-tower WCF are permitted in all zones subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Township.
[b]
Nonconforming Wireless Support Structures. Non-tower
WCF shall be permitted to co-locate upon nonconforming tower-based
WCF and other nonconforming structures. Co-location of WCF upon existing
tower-based WCF is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
[c]
Standard of Care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[d]
Wind and Ice. All non-tower WCF structures shall
be designed to withstand the effects of wind gusts and ice to the
standard designed by the American National Standards Institute as
prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended).
[e]
Aviation Safety. Non-tower WCF shall comply with
all federal and state laws and regulations concerning aviation safety.
[f]
Public Safety Communications. Non-tower WCF shall
not interfere with public safety communications or the reception of
broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[g]
Radio Frequency Emissions. A non-tower WCF shall
not, by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[h]
Removal. In the event that use of a non-tower WCF
is discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCF, or portions of WCF, shall be
removed as follows:
(i)
All abandoned or unused WCFs and accessory facilities
shall be removed within 60 days of the cessation of operations at
the site unless a time extension is approved by the Township.
(ii)
If the WCF or accessory facility is not removed
within 60 days of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
[2]
Insurance. Each person that owns or operates a
non-tower WCF shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the non-tower WCF.
[3]
Indemnification. Each person that owns or operates
a non-tower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the non-tower WCF. Each person that owns
or operates a non-tower WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a non-tower WCF.
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.
[4]
Maintenance. To the extent permitted by law, the
following maintenance requirements shall apply:
[a]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[5]
The following regulations shall apply to all co-located
Non-Tower WCF that do not substantially change the physical dimensions
of the wireless support structure to which they are attached, and/or
fall under the Pennsylvania Wireless Broadband Collocation Act:
[a]
Building Permit Required. WCF applicants proposing
the modification of an existing tower-based WCF shall obtain a building
permit from the Township. In order to be considered for such permit,
the WCF applicant must submit a permit application to the Township
in accordance with applicable permit policies and procedures.
[b]
Timing of approval for applications that fall under
the WBCA. Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Township, the Township shall
notify the WCF applicant in writing of any information that may be
required to complete such application. Within 60 calendar days of
receipt of a complete application, the Township shall make its final
decision on whether to approve the application and shall advise the
WCF applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the WCF applicant to provide the information shall not
be counted toward the Township's sixty-day review period. The timing
requirements in this section shall only apply to proposed facilities
that fall under the Pennsylvania Wireless Broadband Collocation Act.
[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 WCF or $1,000, whichever is less.
(b)
The following regulations shall apply to all non-tower WCF that
do substantially change the wireless support structure to which they
are attached, or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
[1]
Noncommercial Usage Exemption. Township residents
utilizing satellite dishes, citizen and/or band radios, 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 section.
[2]
Prohibited on Certain Structures. No non-tower
WCF shall be located on single-family detached residences, single-family
attached residences, twin-homes, duplexes, or any residential accessory
structure.
[3]
Special Exception Authorization Required. Any WCF
applicant proposing the construction of a new non-tower WCF, or the
modification of an existing non-tower WCF, shall first obtain a special
exception authorization from the Township. New constructions, modifications,
and replacements that do fall under the WBCA shall be not be subject
to the special exception process. The special exception application
shall demonstrate that the proposed facility complies with all applicable
provisions in this chapter.
[4]
Historic Buildings. No non-tower WCF may be located
upon any property, or on a building or structure that is listed on
either the National or Pennsylvania Registers of Historic Places or
which is listed on the official historic structures and/or historic
districts list maintained by the Township, has been designated by
the Township to be an historic structure.
[5]
Retention of Experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these WCF provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
[6]
Permit Fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a non-tower WCF, as well as related inspection, monitoring and related
costs.
[7]
Development Regulations. Non-tower WCF shall be
located or co-located on existing wireless support structures, such
as existing buildings or tower-based WCF, subject to the following
conditions:
[a]
The total height of any wireless support structure
and mounted WCF shall not exceed 20 feet above the maximum height
permitted in the underlying zoning district.
[b]
In accordance with industry standards, all non-tower
WCF applicants must submit documentation to the Township justifying
the total height of the non-tower WCF. Such documentation shall be
analyzed on an individual basis.
[c]
If the WCF applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[d]
A security fence of not less than eight feet shall
surround any separate communications equipment building.
[e]
Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
[8]
Design Regulations. Non-tower WCF shall employ
stealth technology and be treated to match the wireless support structure
in order to minimize aesthetic impact. The implementation of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the Township.
[9]
Removal, Replacement and Modification.
[a]
The removal and replacement of non-tower WCF and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not substantially
change the overall size of the WCF or the number of antennas.
[b]
Material modification to a WCF shall require notice
to be provided to the Township, and possible supplemental permit approval
to the original permit or authorization.
[10]
Inspection. The Township reserves the right to
inspect any WCF to ensure compliance with the provisions of this chapter
and any other provisions found within the Township Code or state or
federal law. The Township and/or its agents shall have the authority
to enter the property upon which a WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
[11]
Financial Security. Prior to receipt of a zoning
permit for the construction or placement of a non-tower WCF, the WCF
applicant shall provide to the Township financial security sufficient
to guarantee the removal of the non-tower WCF. Said financial security
shall remain in place until the non-tower WCF is removed.
(c)
Regulations Applicable to All Non-Tower WCF Located in the Public
Rights-of-Way. In addition to the applicable non-tower WCF provisions
listed in § 27-1402A(66)(a)[1], the following regulations
shall apply to non-tower WCF located in the public rights-of-way:
[1]
Location. Non-tower WCF in the ROW shall be located
or co-located on existing poles, such as existing utility poles, light
poles, or traffic lights. If co-location is not technologically feasible,
the WCF applicant shall locate its non-tower WCF on existing poles
or freestanding structures that do not already act as wireless support
structures with the Township's approval.
[2]
Design Requirements:
[a]
WCF installations located above the surface grade
in the public ROW including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
[b]
Antenna and accessory equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated, to be visually compatible with the support structure
upon which they are mounted.
[3]
Time, Place and Manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all non-tower WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
[4]
Equipment Location. Non-tower WCFs and accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb or within an easement extending onto a privately-owned lot;
[b]
Ground-mounted accessory equipment that cannot
be placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township;
[c]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on any wireless support structures
or any accessory equipment shall be removed at the sole expense of
the owner.
[e]
Any proposed underground vault related to non-tower
WCF shall be reviewed and approved by the Township.
[f]
Accessory equipment attached to the wireless support
structure shall have 12 feet of vertical clearance above finished
grade.
[5]
Relocation or Removal of Facilities. Within 60
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
(d)
General and Specific Requirements for All Tower-Based Wireless
Communications Facilities.
[1]
The following regulations shall apply to all tower-based
wireless communications facilities.
[a]
Standard of Care. Any tower-based WCF shall be
designed, constructed, operated, maintained, repaired, modified and
removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to, the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any tower-based
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[b]
Notice. Upon submission of an application for a
tower-based WCF and the scheduling of the public hearing upon the
application, the WCF applicant shall mail notice to all owners of
every property within 1,000 feet of the proposed facility. The WCF
applicant shall provide proof of the notification to the Township.
[c]
Special Exception Authorization Required. Tower-based
WCF are permitted in certain zoning districts by special exception
and at a height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
(i)
Prior to Board of Supervisors' approval of a special
exception authorizing the construction and installation of tower-based
WCF, it shall be incumbent upon the WCF applicant for such special
exception approval to prove to the reasonable satisfaction of Board
of Supervisors that the WCF applicant cannot adequately extend or
infill its communications system by the use of equipment such as redoes,
repeaters, antenna(s) and other similar equipment installed on existing
structures, such as utility poles or their appurtenances and other
available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no other
viable alternative location exists.
(ii)
The special exception application shall be accompanied
by a propagation study evidencing the need for the proposed tower
or other communication facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
(iii)
The special exception application shall also
be accompanied by documentation demonstrating that the proposed tower-based
WCF complies with all state and federal laws and regulations concerning
aviation safety.
(iv)
Where the tower-based WCF is located on a property
with another principal use, the WCF applicant shall present documentation
to the Board of Supervisors that the owner of the property has granted
an easement for the proposed WCF and that vehicular access will be
provided to the facility.
(v)
The special exception application shall also be
accompanied by documentation demonstrating that the proposed tower-based
WCF complies with all applicable provisions of this chapter.
[d]
Engineer Inspection. Prior to the Township's issuance
of a permit authorizing construction and erection of a tower-based
WCF, a structural engineer registered in Pennsylvania shall issue
to the Township a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunication Industry Association
and certify the proper construction of the foundation and the erection
of the structure. This certification shall be provided during use
hearings or at a minimum be made as a condition attached to any approval
given such that the certification be provided prior to issuance of
any building permits.
[e]
Visual Appearance and Land Use Compatibility. Tower-based
WCF shall employ stealth technology which may include the tower portion
to be painted silver or another color approved by the Board of Supervisors,
or shall have a galvanized finish. All tower-based WCF and accessory
equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. The Board of Supervisors shall consider
whether its decision upon the subject application will promote the
harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; benefit neighboring properties by preventing
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
[f]
Co-location and Siting. An application for a new
tower-based WCF shall demonstrate that the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building
or sited on land owned and maintained by the Township. The Board of
Supervisors may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good-faith effort to mount
the commercial communications antenna(s) on an existing structure.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within a one-quarter-mile radius
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
(i)
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(ii)
The proposed antenna and accessory equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure, or tower and the interference cannot
be prevented at a reasonable cost.
(iii)
Such existing buildings, structures, or towers
do not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
(iv)
A commercially reasonable agreement could not
be reached with the owner of such building, structure, or tower.
[g]
Permit Required for Modifications. To the extent
permissible under applicable state and federal law, any WCF applicant
proposing the modification of an existing tower-based WCF which increases
the overall height of such WCF shall first obtain a permit from the
Township. To the extent permissible under law, nonroutine modifications
shall be prohibited without a permit.
[h]
Additional Antennas. As a condition of approval
for all tower-based WCF, the WCF applicant shall provide the Township
with a written commitment that it will allow other service providers
to co-locate antennas on tower-based WCF where technically and economically
feasible. To the extent permissible under state and federal law, the
owner of a towerbased WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
[i]
Wind and Ice. Any tower-based WCF structures shall
be designed to withstand the effects of wind gusts and ice to the
standard designed by the American National Standards Institute as
prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended).
[j]
Height. Any tower-based WCF shall be designed at
the minimum functional height. The maximum total height of a btower-ased
WCF which is not located in the public ROW shall not exceed 150 feet,
as measured vertically from the ground level to the highest point
on the structure, including antennas and subsequent alterations.
[k]
Accessory Equipment. Either one single-story wireless
communications equipment building not exceeding 500 square feet in
area or its equivalent may be located on the site for each unrelated
company sharing commercial communications antenna(s) space on the
tower-based wireless communications facility greater than 40 feet.
[l]
Public Safety Communications. No tower-based WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[m]
Maintenance. The following maintenance requirements
shall apply:
(i)
Any tower-based WCF shall be fully automated and unattended
on a daily basis .and shall be visited only for maintenance or emergency
repair.
(ii)
Such maintenance shall be performed to ensure
the upkeep of the WCF in order to promote the safety and security
of the Township's residents, and utilize the best available technology
for preventing failures and accidents.
[n]
Radio Frequency Emissions. A tower-based WCF shall
not, by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[o]
Historic Buildings or Districts. A tower-based
WCF shall not be located upon a property that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, or is included in the official historic structures
and/or historic districts list maintained by the Township.
[p]
Signs. All tower-based WCFs shall post a sign in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency. The only other signage
permitted on the WCF shall be those required by the FCC, or any other
federal or state agency.
[q]
Lighting. No tower-based WCF shall be artificially
lighted, except as required by law. If lighting is required, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
[r]
Noise. Tower-based WCF shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Township Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
[s]
Retention of Experts. The Township may hire any
consultant and/or expert necessary to assist the Township in reviewing
and evaluating the application for approval of the tower-based WCF
and, once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these provisions. The WCF applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation regarding these activities.
[t]
Timing of Approval. Within 30 calendar days of
the date that an application for a tower-based WCF is filed with the
Township, the Township shall notify the WCF applicant in writing of
any information that may be required to complete such application.
All applications for tower-based WCFs shall be acted upon within 150
days of the receipt of a fully completed application for the approval
of such tower-based WCF and the Township shall advise the WCF applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
WCF applicant to provide the information shall not be counted toward
the 150-day review period.
[u]
Nonconforming Uses. Nonconforming tower-based WCF
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location but must otherwise
comply with the terms and conditions of this section. The co-location
of antennas is permitted on nonconforming structures.
[v]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCF or portions
of WCF shall be removed as follows:
(i)
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within 90 days of the cessation of operations
at the site unless a time extension is approved by the Township.
(ii)
If the WCF and/or accessory facility is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and accessory
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
(iii)
Any unused portions of tower-based WCF, including
antennas, shall be removed within 90 days of the time of cessation
of operations. The Township must approve all replacements of portions
of a tower-based WCF previously removed.
[w]
Permit Fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a tower-based WCF, as well as related inspection, monitoring, and
related costs.
[x]
FCC License. Each person that owns or operates
a tower-based WCF shall submit a copy of its current FCC license,
including the name, address, and emergency telephone number for the
operator of the facility.
[y]
Insurance. Each person that owns or operates a
tower-based WCF greater than 40 feet in height shall provide the Township
with a certificate of insurance evidencing general liability coverage
in the minimum amount of $5,000,000 per occurrence and property damage
coverage in the minimum amount of $5,000,000 per occurrence covering
the tower-based WCF. Each person that owns or operates a tower-based
WCF 40 feet or less in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering each tower-based
WCF.
[z]
Indemnification. Each person that owns or operates
a tower-based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the tower-based WCF. Each person that owns
or operates a tower-based WCF 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 tower-based WCF.
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.
[aa]
Engineer Signature. All plans and drawings for
a tower-based WCF shall contain a seal and signature of a professional
structural engineer, licensed in the Commonwealth of Pennsylvania.
[bb]
Financial Security. Prior to receipt of a zoning
permit for the construction or placement of a tower-based WCF, the
WCF applicant shall provide to the Township financial security sufficient
to guarantee the removal of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
(e)
Tower-based wireless communications facilities outside the public
rights-of-way.
[1]
The following regulations shall apply to tower-based
Wireless Communications Facilities located outside the public rights-of-way
that do not meet the definition of a small WCF:
[a]
Development Regulations.
(i)
Tower-based WCF shall not be located in, or within
50 feet of, an area in which utilities are primarily located underground.
(ii)
Tower-based WCF are permitted outside the public
rights-of-way in the following zoning districts by special exception,
subject to the above prohibition:
(iii)
Sole use on a lot. A tower-based WCF shall be
permitted as a sole use on a lot, provided that the underlying lot
is a minimum of one acre. The minimum distance between the base of
a tower-based WCF and any adjoining property line or street right-of-way
line shall equal 110% of the proposed WCF structure's height.
(iv)
Combined with Another Use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another use, except residential, subject to the
following conditions:
[A]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[B]
Minimum Lot Area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 40 feet in height.
[C]
Minimum Setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 50% of the proposed WCF structure height
or the minimum setback of the underlying zoning district, whichever
is greater. Where the site on which a tower-based WCF is proposed
to be located is contiguous to an educational use, child day-care
facility or residential use, the minimum distance between the base
of a tower-based WCF and any such adjoining uses shall equal 110%
of the proposed height of the tower-based WCF unless it is demonstrated
to the reasonable satifaction of Board of Supervisors that in the
event of failure the WCF is designed to collapse upon itself within
a setback area less than the required minimum setback without endangering
such adjoining uses and their occupants.
[2]
Design Regulations.
[a]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the Township.
[b]
To the extent permissible by law, any height extensions
to an existing tower-based WCF shall require prior approval of the
Township.
[c]
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[d]
Any tower-based WCF shall be equipped with an anticlimbing
device, as approved by the manufacturer.
[3]
Surrounding Environs.
[a]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[b]
The WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA/TIA-222, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
[4]
Fence/Screen.
[a]
A security fence having a height of not less than
eight feet shall completely surround any tower-based WCF greater than
40 feet in height, as well as guy wires, or any building housing WCF
equipment.
[b]
Landscaping shall consist of a screen of evergreen
trees planted eight feet on center, each at least four feet in height,
and staggered in two rows, located along the perimeter of the security
fence. Existing vegetation shall be preserved to the maximum extent
possible.
[5]
Accessory Equipment.
[a]
Ground-mounted accessory equipment associated,
or connected, with a tower-based WCF shall be placed underground or
screened from public view using stealth technologies, as described
above.
[b]
All accessory equipment, 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.
[6]
Access Road. An access road, turnaround space and
parking shall be provided to ensure adequate emergency and service
access to tower-based WCF. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility.
[7]
Parking. For each tower-based WCF greater than
40 feet in height, there shall be two off-street parking spaces.
[8]
Inspection. The Township reserves the right to
inspect any tower-based WCF to ensure compliance with this chapter
and any other provisions found within the Township Code or state or
federal law. The Township and/or its agents shall have the authority
to enter the property upon which a WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
(f)
Small Wireless Communications Facilities.
[1]
The following regulations shall apply to small
wireless communications facilities:
[a]
Location and development standards.
(i)
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 27-1402A(66)(f) and generally applicable permitting as required by the Township Code.
(ii)
Eligible Facilities Request. WCF applicants proposing
a modification to an existing WCF that does not substantially change
the dimensions of the underlying structure shall be required only
to obtain a building permit from the Township Zoning Officer. In order
to be considered for such permit, the WCF applicant must submit a
building permit application to the Township in accordance with applicable
permit policies and procedures.
(iii)
Small WCF located within underground districts
shall be co-located on existing wireless support structures. No new
wireless support structure may be installed for the purpose of supporting
a small WCF within underground districts.
(iv)
Small WCF in the public ROW requiring the installation
of a new wireless support structure shall not be located directly
in front of any building entrance or exit.
(v)
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
[2]
Nonconforming Wireless Support Structures. Small
WCF shall be permitted to co-locate upon nonconforming tower-based
WCF and other nonconforming structures. Co-location of WCF upon existing
tower-based WCF is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
[3]
Standard of Care. Any small WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, National Electrical Code, the Pennsylvania
UCC, or to the industry standard applicable to the structure. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[4]
Historic Buildings. No small WCF may be located
within 100 feet of any property, or on a building or structure that
is listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed, located within an historic district,
or is included in the official historic structures list maintained
by the Township.
[5]
Wind and Ice. All small WCF shall be designed to
withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
[6]
Radio Frequency Emissions. A small WCF shall not,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
[7]
Time, Place and Manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
[8]
Accessory Equipment. Small WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Township.
[9]
Graffiti. Any graffiti on the wireless support
structure or on any accessory equipment shall be removed at the sole
expense of the owner within 10 days of notification by the Township.
[10]
Design Standards. All small WCF in the Township
shall comply with the requirements of the Township Small Wireless
Communications Facility Design Manual, a copy of which is on file
at the Township Planning and Zoning Office.
[11]
Timing of Approval.
[a]
Within 60 days of receipt of an application for
co-location of a small WCF on a preexisting wireless support structure,
the Township Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
[b]
Within 90 days of receipt of an application for
a small WCF requiring the installation of a new wireless support structure,
the Township Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
[c]
Within 10 calendar days of the date that an application
for a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
[12]
Relocation or Removal of Facilities. Within 90
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 small WCF in the
ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any WCF when the Township,
consistent with its police powers and applicable Public Utility Commission
regulations, shall determine that such removal, relocation, change
or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[13]
Reimbursement for ROW Use. In addition to permit
fees as described in this section, every small WCF in the ROW is subject
to the Township's right to fix annually a fair and reasonable fee
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Township's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each small WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above. Such fees shall comply with the applicable
requirements of the Federal Communications Commission.
[Ord. No. 2020-01, 1/6/2020]
A.
General. Accessory buildings, structures, or uses that are clearly
customary and incidental to a principal use that is either permitted
by-right, special exception or as a conditional use shall be permitted
by-right, except as provided otherwise in this chapter.
B.
General Setback Requirements.
(1)
The accessory setback requirements of the applicable zoning
district shall apply to every accessory building, structure, or use,
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this Part for a particular
accessory use.
(2)
Front Yard. No accessory structure, use, or building shall be permitted in a required front yard in any zoning district, unless specifically permitted by this chapter. See "Essential Services" under this section at § 27-1403E(6).
C.
Accessory Uses Permitted by right in All Districts. The following accessory uses are permitted by right in all zoning districts, within the requirements of this § 27-1403 pertaining to additional requirements for accessory uses and other requirements of this chapter:
(1)
Air conditioner. See § 27-1403E(6)(d)[8].
(2)
Amateur radio antenna. See § 27-1403E(3).
(3)
Bus shelter for riders of public or school buses (not including
any advertising signs). See § 27-1403E(6)(c)[9].
(3.1)
Electric vehicle charging station — Level 1
or 2.
[Added by Ord. No. 2022-03, 8/10/2022]
(4)
Essential services. See § 27-1403E(6).
(5)
Fence, wall or hedge. See § 27-1403E(7).
(6)
Flag pole, which shall be permitted in front yards [§ 27-1403B(2) above not withstanding].
(7)
Keeping of pets. See § 27-1403E(11).
(8)
Home gardening for food production.
(9)
Off-street parking to serve only a use permitted in that same
Zoning District in accordance with Part 16, Off-Street Parking and
Loading, hereof.
(10)
Reasonable recreation facilities that are clearly limited to
the exclusive use of residents of a development and their occasional
invited guests.
(11)
Residential accessory building, structure, or use.
(12)
Satellite antenna.
(13)
Signs, as permitted by Part 17.
(14)
Solar energy system, on-site usage. See § 27-1403E for special standards relating to this accessory use.
[Amended by Ord. No. 2022-02, 5/11/2022]
(15)
Windmill and wind turbine.
D.
Accessory Uses Permitted by Right in Certain Zoning Districts Which
Permit By Right Commercial, Industrial or Institutional Uses:
E.
Special Standards. Each accessory use that is listed below shall
comply with all of the corresponding following standards set forth
for that use:
(1)
Accessory Apartment Within an Existing Single-Family Detached
Dwelling.
(a)
All requirements listed under "Conversions to Residential Use" and "Conversions Increasing the Number of Dwelling Units" under § 27-1402A(20) shall apply.
(b)
The dwelling units shall be owner-occupied for a minimum period
of 12 months following the creation of the accessory apartment.
(c)
The dwelling before the creation of the accessory apartment
shall have a total minimum square footage of 1,500 square feet, and
the principal dwelling unit shall retain a minimum square footage
of 900 square feet afterward.
(d)
All required parking spaces shall be located outside of the
required front yard.
(e)
No more than a total of two dwelling units shall be allowed:
the principal dwelling unit and the accessory apartment.
(2)
Accessory Single-Family Detached Dwelling for Permanent Farm
Helpers, Domestic Servants, or Caretakers Employed On the Premises.
(a)
No more than a total of two dwelling units shall be allowed
on the site (only one other dwelling is permitted in addition to the
residential principal building on the lot).
(b)
The accessory single-family detached dwelling shall be used
only for permanent farm helpers, domestic servants, or caretakers
employed on the premises.
(c)
A separate zoning permit for this accessory use shall be obtained
annually, which shall expire within one year. The permit may be renewed
for additional one year periods. By applying for such a permit, the
owner shall be deemed to agree and acknowledge that the accessory
use is not and will not become a nonconforming use within the Township.
No such permit shall be renewed unless the property owner certifies
that the accessory dwelling is, at the time of renewal of the permit,
being used as the principal residence only for permanent farmer helpers,
domestic servants, or caretakers employed on the premises.
(d)
The sewage disposal facilities for this accessory use shall be approved by the Sewage Enforcement Officer and shall meet the requirements of § 27-1510.
(e)
The accessory single-family detached dwelling shall comply with
all applicable yard area, building and impervious coverage, and other
regulations of this chapter to facilitate possible future subdivision
of the accessory dwelling as a separate principal dwelling upon the
eventual termination of its accessory dwelling use.
(3)
Amateur Radio Antenna.
(a)
Height. No amateur radio antenna, including its supporting structure,
shall have a total height above the average ground level surrounding
the antenna's base of greater than 50 feet in a residential zoning
district or 80 feet in any other zoning district.
(b)
Anchoring. Any amateur radio antenna shall be properly anchored
to resist high winds, in accordance with applicable building codes
or generally accepted standards.
(4)
Bed-and-Breakfast Use.
(a)
No more than four rental units shall be provided, and no more
than four persons may occupy one rental unit.
(b)
One off-street parking space shall be provided for each rental unit. See also Table 16.1, Off-Street Parking Requirements. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the street and dwellings on abutting lots by evergreen screening in accordance with § 27-1304C(4).
(c)
At least one separate bathroom shall be provided for use by
guests.
(d)
There shall be no signs, show windows, or any type of display
or advertising visible from outside the main dwelling, except for
a single name or identification sign no larger than two square feet
in size with a maximum height of eight feet.
(e)
The use shall have a residential appearance and character.
(f)
The use shall be carried on by permanent residents of the lot
and main dwelling.
(g)
There shall be no separate cooking facilities in any guest room.
Food shall be served only to guests who are staying overnight.
(h)
The maximum, uninterrupted length of stay at a bed-and-breakfast
shall be 14 days.
(i)
Amenities provided by the bed-and-breakfast, such as a swimming
pool or tennis court, shall be restricted in use to the guests and
permanent residents of the establishment.
(5)
Day-Care Center/Nursery School as an Accessory Use to a Residential
Use. For "Accessory Uses Permitted By Right In Certain Zoning Districts
Which Permit By Right Commercial, Industrial, or Institutional Uses"
see § 27-1403D(1)(d)[1].
(a)
Care of a maximum of six children may occur in a single-family
detached dwelling, or up to two children in any other type of dwelling
unit. This restriction shall apply only to children not related to
a permanent resident of the dwelling by blood, marriage, adoption
or formal foster relationship.
(b)
Uses involving the care of three or more children not related
to a permanent resident of the dwelling shall occur only in a dwelling
with a minimum of 1,000 square feet of available usable outdoor open
space, or that is within 500 feet of a public park.
(c)
The dwelling shall retain a residential appearance and character
with no change to the exterior of the dwelling to accommodate the
use, other than cosmetic improvements.
(d)
Any day-care center or nursery school involving more than six children shall be considered a principal use and, if permitted, shall comply with the standards of § 27-1402A(23), under "Day-Care Center/Nursery School."
(e)
There shall be no signs, show windows, or any type of display
or advertising visible from outside the main dwelling, except for
a single name or identification sign no larger than two square feet
in size with a maximum height of eight feet.
(5.1)
Electric Vehicle Charging Station — Level 1
or 2.
[Added by Ord. No. 2022-03, 8/10/2022]
(a)
Level 1 or 2 EVCS located at one-family, multifamily and mobile home
park dwellings shall be designated as private restricted use only.
Installation shall be subject to permit approval administered by the
Zoning Officer.
(b)
Level 1 or 2 EVCS located at one-family, multifamily and mobile home
park dwellings shall only be installed within the building envelope.
(6)
Essential Services.
(a)
Essential services shall be permitted by right as principal
or accessory uses in all zoning districts, unless this chapter shall
not be applicable to such services as public utilities.
(b)
Only those uses that are specifically listed in this § 27-1403E(6) shall be considered to be "essential services."
(c)
The following essential services shall comply with all requirements
of this chapter except the accessory or principal setback, lot area
or other dimensional lot requirements. Any newly created lot shall
comply with the applicable dimensional lot requirements if future
building or subdivision of the lot would be possible.
[1]
Oil pipelines and natural gas transmission and
distribution lines, valves and appurtenances and accessory pumping
or compressing stations.
[2]
Electrical transformers as an accessory use to
or serve dwellings.
[3]
Electrical, telephone, and street light poles.
[4]
Electrical transmission and distribution lines
and meters.
[5]
Wells, standpipes, water transmission and distribution
lines, valves and appurtenances, pumping cisterns and meters.
[6]
Sewage pipes, manholes, and pumping stations, but
not including a central sewage treatment plant.
[7]
Cable television and telephone lines, junction
boxes and appurtenances.
[8]
Stormwater pipes, outfalls, detention basins, swales,
pumping stations, catch basins, manholes, and "best management practices"
or water quality management and volume or rate reduction facilities.
[9]
Shelters and benches for buses that transport school
children, or that are owned, operated, or financed by a public transit
authority, but without any off-premises signs.
[10]
U.S. mailboxes.
[11]
Boxes for receiving individual newspapers.
[12]
Railroad lines.
[13]
Fire hydrants and emergency call boxes.
[14]
Engineered retaining walls that are clearly necessary
to hold back slopes.
[15]
Sidewalks.
[16]
Ramps primarily intended for handicapped access.
[17]
Ground-level porches and patios that are not covered
by a permanent roof.
[18]
Steps leading into the entrance of a building.
(d)
The following are permitted essential services and shall comply with all of the applicable requirements of this chapter (unless exempted by § 27-103):
[1]
Electrical substations and bulk power or high voltage
transformers that are not an accessory use to or serve dwellings.
[2]
Water filtration plants.
[3]
On-lot sewage disposal systems.
[4]
Emergency and other electrical generators and compressors.
[5]
Solid waste bulk containers and bulk trash or recycling
compactors.
[6]
Telephone switching stations.
[7]
Construction. Temporary storage of vehicles, equipment,
and materials and/or construction office trailers that are clearly
needed and being actively used for current construction on the same
or an adjacent lot or within the same subdivision, or land development
provided such items are removed from the site within 30 days of completion
of the construction.
[8]
Industrial or commercial air conditioners, chillers,
heat pumps, evaporators, condensers, etc.
(e)
Screening of Substations. Electric substations involving outdoor structures (other than poles, wires, or buildings) greater than 10 feet in height within 150 feet of a dwelling, undeveloped residentially zoned land, an expressway or an arterial street shall provide evergreen screening in accordance with § 27-1304C(4) between the substation and the said dwelling, land, or street.
(7)
Fences and Walls.
(a)
Fences and walls shall be permitted by right in all zoning districts
unless specifically or otherwise stated herein.
(c)
Fences or walls placed in the required front yard shall not
be located closer than one foot to the property line or right-of-way
line. Fences or walls placed in the required side and rear yard areas
shall be at least two feet from a lot line or easement line, unless
the abutting property owner irrevocably agrees in writing to locating
the fence or wall on the common property line. The Zoning Officer
may require the fence or wall applicant to demonstrate and provide
adequate measures for access, mowing, trimming, weed control, litter
removal, etc.
(d)
Fences.
[1]
Any fence located in the front yard of a use in
the residential zoning districts shall have a minimum ratio of 3:1
of open spaces to structural solid or opaque material areas, and shall
not exceed five feet in height.
[2]
Fences shall not be required to comply with the
rear and side yard setbacks for accessory structures, except where
the fence abuts a public street.
[3]
A fence located in a residential zoning district
in a location other than a front yard shall not exceed eight feet
in height. This restriction shall not apply to a fence of up to 10
feet, which may be used to enclose a tennis, basketball, racquet,
or other sport court, provided that such fence is not within a required
setback area for an accessory structure.
[4]
In all nonresidential zoning districts, fences
shall not exceed 12 feet in height.
[5]
A fence shall not be required to comply with accessory
structure setbacks in nonresidential zoning districts.
[7]
Any fence that has one side that is smoother and/or
more finished than a reverse side shall have such smoother and/or
more finished side installed so that it faces away from the area that
is enclosed by the fence.
(e)
Walls.
[1]
Engineered retaining walls necessary to hold back
slopes, defined as having one face or side substantially below ground
level on hat side, are exempted from setback regulations and the regulations
of this section, and are permitted by right as needed in all zoning
districts.
[2]
No wall shall be located in the required front
yard in a residential district, except as a backing for a permitted
sign at an entrance to a subdivision or land development.
[3]
A wall in residential districts shall have a maximum
height of one foot for every two feet that the wall is setback from
a lot line. The maximum height of any wall shall be six feet.
[4]
Walls that are attached to a building shall be
regulated as a part of that building and use in the zoning district
where the building is located, and the regulations of this subsection
shall not apply.
(f)
Gates. All fences, walls, or continuous hedges more than four
feet in height shall be equipped with gates or other suitable passageways
at intervals of not more than 200 feet.
(9)
Geothermal Systems.
(a)
Only closed loop (aka geo-exchange, ground-source heat pumps)
geothermal systems are permitted (see definitions in Part 2).
(b)
Any well that is drilled or to be used in connection with a
geothermal system must comply with this chapter, as amended from time
to time.
(c)
The installation specifications and drawings for the ground
loop portions of a geothermal system shall be submitted to and approved
by the Township. The installer and manufacturer shall certify that
the installation and components, respectively, ground loop portions
of the geothermal system conforms to the International Ground Source
Heat Pump Association installation standards, as may amended and updated
from time to time.
(d)
As-built plans and related documents for the ground loop portion
and well location of each geo-system shall be provided to the Township.
A wire, metallic tracer tape, or similar means of facilitating the
location and marking of the subsurface ground loop portion of the
system shall be installed in close proximity to the exterior portion
of the ground loop.
(e)
A written plan for the operation of the geothermal system shall
be provided to the Township and posted with the system. The plan shall
contain the requirement that any system leaks or releases be reported
immediately to the Township, Northampton County Department of Health,
and the Pennsylvania Department of Environmental Protection. In the
event of discontinued use of the geothermal system, a system closure
plan will be prepared and submitted to the Township prior to closure.
(f)
No geothermal system shall be located within 20 feet of any
existing drinking water wells.
(g)
No geothermal system shall be connected in any way to any sanitary
sewer or stormwater disposal system.
(h)
Only water, nontoxic fluids or solutions, or food-grade fluids
may be used as a circulating or heat transfer fluid for the ground
loop portions of geothermal systems.
(i)
The above ground geothermal system shall not intrude into any
required yards.
(10)
Heliport. See standards under "Airport, Private Airstrip or Heliport" in § 27-1402A(3).
(11)
Home-based Business, No-impact.
(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 that
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detactable 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.
(12)
Home Occupation.
(a)
The home occupation shall not be conducted on the premises outside
of a building.
(b)
The home occupation may be conducted within a principal or accessory
residential building, provided that the total area used for any home
occupation shall not exceed 25% of the total floor area of the principal
dwelling unit.
(c)
There shall be no outside storage of materials, products, or
equipment.
(d)
There shall be no use of show windows or any type of display
or advertising visible from outside the premises, except for a single
nonilluminated sign no larger than two square feet in size constructed
and placed in accordance with Part 17.
(e)
Building Appearance. There shall be no change in the existing
outside appearance of the building or premises or other visible evidence
of the conduct of a home occupation, except for the permitted sign.
(f)
Parking of Trucks. The regulations of § 27-1602 shall apply. If such parking cannot be accommodated using a driveway, then such areas shall be located to the rear of the lot, to the maximum extent possible. Temporary parking on the lot or on the street of trucks with six or more wheels or servicing of the home occupation by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.
(g)
No servicing of the home occupation by tractor-trailer trucks
shall be permitted.
(h)
Uses permitted as a home occupation include, but are not limited
to, art studio, barber shop, beauty shop, professional office, and
instruction or tutoring of not more than four pupils simultaneously.
(i)
The following uses shall not be permitted as a home occupation:
animal hospital, stable, kennels, funeral parlor, retail store, restaurant,
or truck terminal.
(j)
No use shall be permitted that would generate noise in excess
of what is typical in a residential neighborhood. No machinery or
equipment shall be permitted that produces noise, odor, vibration,
light, or electrical or electromagnetic interference which is detectible
in the neighborhood, including interference with radio or television
reception.
(k)
The Zoning Hearing Board may require such conditions as it deems
reasonable and necessary to limit or negate potential adverse effects
or impacts of a particular use.
(l)
Number of Employees. A total maximum of one person shall work
on the lot who is not a permanent resident of the dwelling, except
for a barber or beauty shop, which shall only be conducted by one
person who is a permanent resident of the dwelling.
(m)
Hours. No home-based business shall be conducted in any way
or manner that is perceptible from beyond the lot line between the
hours of 9:00 p.m. and 7:00 a.m.
(n)
Chemicals. The use shall not involve the storage or use of hazardous
or explosive materials or chemicals, other than such substances and
in such amounts as are commonly found in a dwelling.
(o)
Traffic. No use shall be permitted that can reasonably be expected
by itself to generate an average of more than 10 round vehicle trips
per day.
(p)
Visitation. Shall not involve the visitation of the home occupation
for business purposes by more than six persons in any day.
(q)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(r)
The business activity may not generate any solid waste or sewage
discharge in volume or type that is not normally associated with residential
use in the neighborhood.
(s)
The business may not involve any illegal activity.
(13)
Keeping of Animals. (NOTE: This does not pertain to animal husbandry that is regulated by § 27-1402 nor does it apply to agricultural district, but does apply to residential agriculture.)
(a)
This is a permitted-by-right accessory use in all zoning districts.
(b)
No use shall involve the keeping of animals or fowl in such
a manner that it creates a nuisance (including noise or odor), or
a health hazard or a safety hazard.
(c)
No more than six dogs and no more than six cats shall be kept,
unless the animals shall be regularly kept at least 200 feet from
the nearest residential lot line. No numerical restriction shall apply
to cats and dogs of less than six months of age.
(d)
Up to a total of 12 pigeons and fowl may be kept, provided:
they are kept outside of the required front yard; they are not kept
for commercial purposes; the area where they are kept is enclosed
in a method that will contain them; and that the area where they are
kept is a minimum of 50 feet from any lot line and 100 feet from any
dwelling, other than that of the owner of the animals.
(e)
It is permitted to maintain up to two horses on a lot of two
acres or more, provided any exercise area, horse barn, corral, fenced-in
area, or stable is a minimum of 100 feet from any lot line and 200
feet from any existing dwelling that is exterior to the lot with the
horses on it.
(f)
Keeping of more than the specified number of cats or dogs shall
be considered to be a kennel use.
(g)
Keeping of more than the specified number of pigeons or fowl
shall be considered to be animal husbandry use.
(h)
Keeping of more than the specified number of horses shall be
considered a stable.
(14)
Leaf Composting.
(a)
Shall be limited to the composting of biodegradable vegetative
material, including grass clippings, trees, shrubs and leaves.
(b)
Shall be conducted in such a way that neither a fire, rodent,
insect, vermin nor vector hazard is created.
(c)
Composting areas of greater than one acre shall be setback 50
feet from all lot lines.
(d)
Composting of grass clippings shall be setback a minimum of
15 feet from the lot line of any dwelling.
(15)
Nursery School. See "Day-Care Center" in this section.
(16)
Outdoor Solid-Fuel-Burning Appliances.
(a)
All outdoor solid-fuel-burning appliances shall be operated
for the sole purpose of furnishing heat and/or hot water to a dwelling
or other building pursuant to a permit issued hereunder.
(b)
All outdoor solid-fuel-burning appliances shall be set back
200 feet from the property line and shall be located on a lot of not
less than five acres.
(c)
Outdoor solid-fuel-burning appliances shall burn only untreated,
natural wood. Without limiting the generality of the foregoing, the
following materials are specifically prohibited from being burned:
garbage, waste oil, asphalt products, rubber, plastics, and/or any
other material not recommended by the appliance manufacturer.
(d)
All outdoor solid-fuel-burning appliances shall be installed
with a chimney not less than two feet above the elevation of the roof
peak or ridge line.
(e)
Outdoor solid-fuel-burning appliances shall be approved or "listed"
by the Underwriters Laboratories.
(f)
All outdoor solid-fuel-burning appliances, including the chimney,
shall be installed, operated, and maintained in strict compliance
with the manufacturer's instructions and guidelines for said appliance.
In the event that a conflict arises between the manufacturer's instructions
and guidelines, and the regulations contained in this chapter, the
stricter instructions or regulations shall apply.
(g)
No person shall install and maintain any outdoor solid-fuel-burning
appliance without first obtaining a permit for same issued by Williams
Township.
(h)
A site plan showing the location and height of the proposed
appliance on the property, and the location and height of all existing
structures, is required to be submitted to the Township as part of
the permit application. The manufacturer's specifications and instructions
shall also be furnished to the Township prior to the issuance of a
permit.
(17)
Outdoor Storage and Display, Commercial or Industrial (as a
Principal or Accessory Use).
(a)
Location. Shall not occupy any part of any existing or future street right-of-way; area intended or designed for pedestrian use; required parking area; or part of the required paved area setback (see § 27-1603G).
(b)
No outside industrial storage shall be located on land with
an average slope in excess of 15%.
(d)
Tires. Any stacks of tires shall be stacked to a maximum of
not more than 20 feet high. Each stack shall cover a maximum of not
more than 400 square feet. Each stack shall be separated from other
stacks by a minimum of 50 feet.
(e)
No outside commercial or industrial storage or display shall
be permitted in a required front yard in the LI/B or PUCD Zoning Districts.
(18)
Recreational Vehicle Storage as an Accessory Use to a Dwelling.
One uninhabited recreational vehicle in transportable condition may
be stored on a lot in compliance with the following limitations:
(a)
The recreational vehicle shall not be stored within the required
front yard, except for a total of not more than 24 hours in any seven-day
period.
(b)
The recreational vehicle shall be set back a minimum of three
feet from the lot line of any lot that includes an existing residential
use.
(c)
Any recreational vehicle that is required to be registered or
licensed under state law to be operated on a public street and is
not so registered or licensed shall be kept out of view from any public
street or existing dwelling (other than the dwelling of the vehicle's
owner).
(d)
One recreational vehicle may be inhabited as a temporary accessory
residence to a single-family detached dwelling for a period not to
exceed seven days, not more than once in a calendar year.
(19)
Residential Accessory Building, Structure or Uses. These uses shall be limited only to uses listed in this § 27-1403E(19) in compliance with the requirements listed in this § 27-1403 pertaining to Additional Requirements for Accessory Uses for each accessory use.
(a)
Building (includes a private garage, carport, storage shed,
greenhouse, or gazebo).
(b)
Basketball Backboard. May be located within a required yard
area, except shall be a minimum of two feet from any lot line.
(20)
Residential Agriculture.
(a)
Minimum lot area shall be two acres.
(b)
Any barn, corral, fenced-in area, or stable shall be located
a minimum of 50 feet from any lot line and 150 feet from any existing
dwelling that is exterior to the lot with any livestock on it.
(c)
Shall have an approved potable water and sewage disposal system.
(d)
All hazardous materials, including pesticides and animal wastes,
shall be stored and disposed in accordance with DEP regulations, and
shall be stored outside of required setbacks, buffer areas and well
isolation distances.
(21)
Retail Sales of Agricultural Products Produced on Premises.
(a)
The use shall be an accessory use incidental to a crop farming
or animal husbandry use.
(b)
The use shall involve agricultural products produced primarily
on the premises, such as hay, eggs, plants, or vegetables.
(c)
Parking shall be provided in compliance with the provisions
of Part 16.
(d)
All buildings erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(f)
No stand shall be located closer than 20 feet from any lot line.
(g)
A maximum of 2,000 square feet of building floor area may be
used for such use.
(h)
The use may occur as an accessory use within an existing dwelling
or barn.
(22)
Satellite Antennas.
(a)
Intent. To provide for reception of satellite communications,
while assuring that such uses will not detract from the character
of any neighborhood or adversely affect property values. This section
recognizes that if not properly installed, a satellite antenna may
create a threat, and recognizes that if properly screened and sited,
satellite antennas may avoid visual blight in the immediate area.
This section also recognizes that satellite antennas have the potential
of being substantially more of a nuisance and a visual blight than
most other forms of electronic antennas. The reasons for this special
concern about satellite antennas include the unusual opaqueness of
the structure (which makes it more visible), the occasional desire
and technical need for good reception to place a satellite antenna
in front yards and on the fronts of roofs, and the overall size of
satellite antennas compared to most other noncommercial antennas.
(b)
Satellite antenna shall be a permitted-by-right accessory use
in all zoning districts for all uses, subject to the following restrictions:
(c)
Location and Maximum Number.
[1]
In the LDR or MDR Zoning Districts, a satellite
antenna shall neither be located between a residential use and the
front lot line, nor on a corner lot between a residential use and
any public street (other than an alley).
[2]
A satellite antenna shall comply with the setback
requirements of an accessory use in all districts.
[3]
No satellite antenna shall be placed on the roof
of a structure in the LDR or MDR Zoning Districts. An antenna may
be roof-mounted in any zoning district other than a residential district.
[4]
A maximum of one satellite antenna shall be permitted
on any lot in a residential district.
(d)
Size and Height.
[2]
A satellite antenna shall have a maximum height
of not more 12 feet above the average ground level in the LDR or MDR
Zoning District.
[3]
In any zoning district other than LDR or MDR, a
satellite antenna shall have a maximum height of not more than 25
feet above the average ground level if the antenna is ground-mounted,
or 15 feet above the highest point of a roof if roof-mounted.
(e)
Screening. Any satellite antenna that is ground-mounted shall
be screened by appropriate evergreen plantings between the antenna
and any public street, unless the applicant proves to the satisfaction
of the Zoning Officer that screening in such a location would make
it impossible to receive the electronic signals.
(f)
Colors. Earth tones for the color of the satellite antenna are
strongly encouraged.
(g)
Large Lot Exemption. If a satellite antenna is located a minimum
of 200 feet from all exterior lot lines, then the requirements of
this subsection shall not be applicable, other than the height limitations.
(h)
Mobile Stands. Satellite antennas on mobile stands are prohibited,
except as may be initially or temporarily needed for testing to determine
the best location for an antenna.
(i)
Transmission. No satellite antenna permitted under this subsection
shall be used for the transmission of commercial electronic signals
within the LDR or MDR Zoning Districts.
(j)
Wind Resistance. Any satellite antenna shall be properly secure
so that it will be resistant to high winds, and shall withstand 100
mph winds.
(24)
Solar Energy System, on-site usage.
(a)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer, owner, and/or
operator of the system. In no case shall any such identification be
visible from beyond or outside the property line.
(b)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend with the existing and surrounding environment; and
all panels shall be oriented in the same direction; that is, vertically
or horizontally.
(c)
Solar panels installed as ground arrays shall comply with the
following:
[1]
No adjacent property owner shall be required to
remove or cut any plant, bush, crop, or tree.
[2]
Ground arrays shall not project into a required
yard setback.
[3]
Ground arrays shall not be permitted in a front
yard.
[4]
Ground arrays shall be located so that any reflection
is directed away or is buffered from any adjoining property.
[5]
Ground arrays shall not exceed a height of eight
feet at the highest point of the structure.
[6]
The maximum fixed angle from the horizontal of
the ground array shall not exceed 75°.
[7]
The property owner shall be required to install
a secure and locked (minimum) six-foot-high fence around the ground
array and the equipment related thereto.
(d)
Roof-mounted solar energy system shall comply with the following:
[1]
Permitted solar energy system panels shall include
integrated solar panels as the surface layer of the roof structure
with no additional apparent change in relief or projection (the preferred
installation) or separate solar panels attached flat to the roof's
surface.
[2]
Roof-mounted solar panels other than those described
in Subsection E(24)(d)[1] (above) shall be permitted so long as such
roof-mounted solar panels are located on a rear or side facing roof,
as viewed from any adjacent street; shall not exceed three feet above
the plane of a sloped rooftop at any point, shall not project vertically
above the peak or ridge line of a sloped roof or more than five feet
above a flat roof.
[3]
The highest point of solar panels on rooftops shall
not exceed one foot above the permitted height of the zoning district.
[4]
Before the issuance of a zoning and/or building
permit, the applicant shall provide a Pennsylvania-licensed professional
engineer's certification with the engineer's seal that the roof can
support the panels and equipment to be installed on it.
(e)
A solar energy system shall primarily provide power for the
principal use and/or accessory uses of the property on which the solar
energy system is located and shall not be primarily used for the generation
of power for the sale of energy to others, although this provision
shall not prohibit the sale of excess power generated from time to
time to the local utility company. The designer of the system or the
local utility provider shall provide certification to the Township
that the design of the system is not an annual production of more
than 200% of the amount of power than is needed based on the historical
annual electrical usage of the property owner.
(f)
All mechanical equipment associated with and necessary for the
operation of the solar energy system shall comply with the following:
[1]
The design and installation of the solar energy
system shall conform to applicable industry standards. A building
permit shall be obtained for a solar energy system in accordance with
the requirements of the Pennsylvania Uniform Construction Code (UCC),
as amended. All wiring shall comply with the applicable version of
the National Electric Code (NEC), as amended. The local electric utility
service provider shall be contacted by the owner and/or applicant
to determine grid interconnection and net metering policies.
[2]
The solar energy system owner, at his or her expense,
shall complete decommissioning of the system within 12 months after
the end of the useful life of the system, within 12 months of damage
which prevents the system from operating at full capacity and in a
safe manner, and which damage remains continuously unrepaired or uncorrected
during the entire said twelve-month period or within 12 months of
continuous nongeneration of electricity.
[3]
A Pennsylvania structural engineer shall seal all
plans for either a ground array or roof-mounted solar energy system
to certify that the roof can support the loads, and that the roof
and/or ground array can withstand 100 mile-an-hour winds.
[4]
Only a North American Board of Certified Energy
Practitioner (NABCEP) or a licensed electrician shall install a solar
energy system.
(g)
A site plan shall be submitted and a zoning permit shall be obtained
prior to installation or construction of any facilities relating to
a solar energy system on-site usage.
[Added by Ord. No. 2022-02, 5/11/2022]
(25)
Swimming Pool, Private.
(a)
A zoning permit shall be required to locate, construct, install
or maintain a private swimming pool.
(b)
A proper method shall be provided for complete drainage of the
water from the pool that will not overload or flood any on-lot sewage
disposal system, or any basement of any building.
(c)
The pool shall not involve any commercial use.
(d)
Such pool shall not be located in a front yard. No aboveground
or in-ground pool shall be located within 15 feet of a side or rear
lot line, under any electrical lines, or over any part of an on-lot
sewerage disposal field or system.
(e)
The discharge point from any inlet or pipe or spout used to
fill the pool from a public water system shall be above the overflow
level of the pool.
(f)
All pumps, electrical appliances, equipment, receptacles, and
any electrical circuits in the vicinity of the pool shall utilize
a ground fault circuit interrupter (GFCI).
(26)
Tennis Court.
(a)
A tennis court shall not be located in the front yard setback
of a dwelling (except or corner lots) and shall not be located within
any required accessory yard areas.
(b)
No lighting shall shine directly beyond a boundary of the lot
where the tennis court is located.
(c)
A tennis court shall not be located over absorption area of
an on-lot sewage disposal system.
(27)
Wind Turbine/Windmill, Individual Energy Appliance.
(a)
All windmills that could be climbed upon by children (i.e.,
"lattice type," or monopoles with ladders less than 10 feet above
the ground) shall be surrounded by a fence at least six feet in height
which is located at least five feet from any portion of the base of
such windmill.
(b)
No windmill shall be permitted which would have any vane, sail,
or rotor blade pass within 15 feet of the ground.
(c)
All electrical wiring leading from a windmill shall be installed
underground.
(d)
No windmills shall be permitted within the front yard or within
any required building setbacks.
(e)
Windmills shall be set back from any property line or above-ground
utility line a distance greater than the windmill's overall height,
including blades, or the minimum yard requirement, whichever is the
greater distance.
(f)
All windmills shall comply with the current requirements of
the FAA.
(g)
Windmills shall be coated with a nonreflective surface, and
shall not contain or display any advertising.
(h)
Maximum height of residential windmills is 35 feet.
(i)
Turbines must have an automatic brake or other device to prevent
over-speeding from exerting pressure on the tower structure.
(j)
Wind systems shall not to be artificially lighted, unless required
by the Federal Aviation Administration ("FAA") or other authority.
(k)
Wind systems shall not be used for advertising. Small signs
shall be permitted identifying the manufacturer, owner, or operator
of the systems.
(l)
A site plan shall be submitted and a zoning permit shall be obtained
prior to installation or construction of any facilities relating to
a wind turbine/windmill.
[Added by Ord. No. 2022-02, 5/11/2022]
F.
Accessory Uses permitted by-right in Zoning Districts which allow
by-right Commercial, Industrial or Institutional Uses:
(1)
In addition to accessory uses permitted by § 27-1403C, the following accessory uses are permitted:
(a)
Coin-operated telephones.
(b)
Coin-operated beverage and snack machines.
(c)
Coin-operated newspaper sales machines.
(d)
The following accessory uses, provided that the use is clearly
limited to employees, patients, residents, and families of employees,
and that any applicable state and/or local permits are obtained:
