Every building hereafter erected or moved shall be on a lot
adjacent to a public or private street, which provides safe and convenient
access for emergency vehicles and required off-street parking.
A.
General.
(1)
Except as noted elsewhere in this chapter, no accessory building
or structure shall be permitted within any required front or side
yard and within 10 feet of the rear lot line for lots of less than
two acres and no closer than 15 feet for lots of two acres or greater.
The minimum distance between an accessory building or structure within
a rear yard and a side lot line shall be the side yard requirement
of the applicable zoning district.
(2)
Except as noted elsewhere in this chapter, no accessory building
or structure shall exceed 25 feet in height.
[Amended 3-21-2016 by Ord. No. 2016-01]
(3)
Accessory buildings or structures customary to agricultural and horticultural
uses shall be exempt from the building height and open area requirements
specified in this chapter. The height of the accessory building or
structure above its base shall be less than the shortest distance
from such base to any lot line.
(4)
No permanent accessory building or structure shall be constructed
on any lot prior to the commencement of construction of the principal
building to which it is accessory.
B.
Residential provisions.
[Amended 3-21-2016 by Ord. No. 2016-01]
(1)
Sheds. For all residential lots, sheds of 150 square feet or less in size may be located within five feet of the property line within side or rear yards. The maximum height of any shed so located shall be 12 feet in height. Additional sheds beyond one per property located as specified above, or sheds in excess of 150 square feet, shall be located in compliance within the general requirements of § 200-89A of this chapter.
(2)
Swimming pools which are designed to contain a water depth of 18 inches or more shall only be located outside the front yard, entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum yard area in which it is located. Section 200-108 of this chapter provides additional standards and provisions for swimming pools.
(3)
Unless otherwise specified within this chapter, detached garages,
greenhouses, and other outbuildings are permitted as accessory uses,
provided they are located within the building setback lines. All such
uses shall be erected, enlarged and/or demolished in accordance with
all applicable Township building codes.
(4)
Patios shall not be located closer than 10 feet to any property line.
(5)
Private noncommercial play courts (for tennis, basketball, etc.)
shall not be located within the front yard nor closer than 15 feet
to side or rear property lines for lots of less than two acres and
no closer than 20 feet for lots of two acres or greater. A tennis
court shall not be located over a drainage field of a sewage disposal
system.
(6)
Freestanding earth station satellite receiving dishes for individual
residential home use shall be mounted at ground level (where possible)
and shall not be located within the front yard nor closer than 15
feet to side or rear property lines for lots of less than two acres
and no closer than 20 feet for lots of two acres or greater.
C.
Commercial and industrial provisions.
(1)
Storage facilities are permitted, provided that such facilities are
located in areas which have access to a street or driveway. The outdoor
storage of materials shall be screened from the view of adjacent properties.
(2)
Living quarters are permitted only for proprietors, watchmen, caretakers
or similar employees.
(3)
Cafeterias and/or recreational facilities are permitted, provided
they are intended for the use of employees only.
A.
Permitted uses.
(1)
Home occupations are permitted by right in the Village Commercial
(VC) and Highway Commercial (HC) Zoning Districts.
(2)
Home occupations are permitted by conditional use in the Conservation
(C), Suburban Residential (SR) and the Heavy Industrial (HI) Zoning
Districts.
(3)
No-impact home-based business is a permitted use in the A, C, SR,
and VC Districts.
B.
Standards. If permitted, the following regulations and standards
shall apply to home occupations:
(1)
The office or related workplace of a licensed medical practitioner
or allied health field, dentist, architect, landscape architect, artist,
baker (not for retail sales), lawyer, accountant, insurance agent,
real estate broker, teacher, Tax Collector, engineer, dance, music
or voice instructor, dressmaker, milliner or seamstress, barber or
beautician, furrier, horse trainer, computer technician, massage therapist,
or similar occupation shall be deemed to be a "home occupation."
[Amended 8-19-2013 by Ord. No. 2013-04]
(2)
All dwelling units which propose a home occupation use shall have direct access to a public street, provided that the occupation is secondary to the use of the property as a residence, and further that the use of the dwelling does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to § 200-114, Signs, of this chapter.
(3)
The principal person engaged in the home occupation shall be a resident
of that dwelling.
(4)
The home occupation shall be limited to the principal person engaged
in the home occupation and one additional person to provide secretarial,
clerical or other assistance.
(5)
No more than two home occupations per residence shall be permitted.
(6)
The home occupation shall be conducted within the principal residential
structure and/or an accessory structure to which the home occupation
is performed.
(7)
A home occupation shall not occupy more than 50% of the total floor
area of the residential dwelling unit and/or accessory structure to
which the home occupation is performed.
(8)
All parking shall be off-street. Three off-street parking spaces
in addition to those required for the residence units shall be provided,
except that in the case of the office of a medical practitioner or
dentist, four spaces shall be provided.
(9)
A zoning permit issued by the Township is required for all proposed
home occupations.
C.
Home occupations which meet the definition and requirements of a no-impact home-based business as set forth in § 200-10 of this chapter are permitted as accessory uses by right in the Agriculture (A), Conservation (C), and Suburban Residential (SR) Districts, and shall not be subject to the standards set forth in § 200-90B of this chapter, other than the requirement that a zoning permit be issued as set forth in § 200-90B(1).
A.
The Zoning Hearing Board may authorize as a special exception the
conversion of any existing single-family detached dwelling into a
dwelling for not more than two families, provided that the tract or
lot is located within the Suburban Residential (SR) Zoning Districts.
B.
The lot area per family shall not be reduced to less than the minimum
lot area per family for the SR District. The yard, building, area,
off-street parking, and other applicable requirements for the applicable
zoning district shall not be reduced.
C.
Provisions for adequate water supply and waste disposal shall be
made in accordance with the requirements of the Pennsylvania Department
of Environmental Protection.
D.
Such conversion shall not disrupt the character, harmony and integrity
of the neighborhood.
E.
If such conversion is authorized, the Zoning Hearing Board may prescribe
such further conditions with respect to the conversion and use of
such building as it deems appropriate.
A.
General agricultural standards.
(1)
Unless specifically stipulated within this chapter, general agricultural
activities are a permitted use by right within all zoning districts
in Union Township.
(2)
The raising and ownership of horses, cattle and/or livestock is permitted
in all districts, provided the minimum lot size exceeds two contiguous
grazeable acres. The total number of horses, cattle and/or similar
livestock shall be limited to one for the first two contiguous grazeable
acres. For each additional contiguous grazeable acre over two, the
total number of horses, cattle and/or livestock may be increased by
one per acre.
(3)
The raising and ownership of goats, sheep and/or similar livestock
exceeding 50 pounds in weight is permitted in all districts, provided
the minimum lot size exceeds two contiguous grazeable acres. The total
number of goats, sheep and/or similar livestock shall not exceed five
for all lots with less than five contiguous grazeable acres. For each
additional contiguous grazeable acre over five, the total number of
goats, sheep and/or similar livestock shall not exceed five per acre
up to a maximum total of 100.
(4)
The raising and ownership of poultry is permitted in all districts,
provided the minimum lot size exceeds one contiguous acre. The total
number of birds shall not exceed 10 per acre for all lots under five
acres in size. For each additional acre over five, the total number
of birds shall not exceed 50 per acre up to a maximum of 1,500.
(5)
The raising and ownership of rabbits is permitted in all districts.
The total number of rabbits shall not exceed five per acre for all
lots under five acres in size. For each additional acre over five,
the total number of rabbits shall not exceed 25 per acre up to a maximum
of 750.
(6)
The display and sale of farm products shall be permitted, provided that at least 50% of the quantity of products for sale have been produced on the property on which they are offered for sale. The sale of farm products shall be conducted in a structure or stand which shall not be located closer than 20 feet to the applicable street right-of-way. In addition, all off-street parking shall be designed in accordance with § 200-111 of this chapter.
(7)
All areas outside of an enclosed building used for feeding or grazing
of animals shall be completely fenced in so that animals cannot leave
the lot.
B.
Intensive agricultural standards.
(1)
Unless specifically stipulated within this chapter, intensive agricultural
activities are a permitted use by right within the Agriculture (A)
Zoning District, and by special exception within the Conservation
(C) Zoning District. Intensive agricultural activities shall be prohibited
in all other zoning districts.
(2)
Agricultural activities that exceed the standards and provisions specified under § 200-92A, General agricultural standards, shall be construed as intensive agriculture.
(3)
The minimum lot size for intensive agricultural activities shall
be 25 acres.
(4)
(Reserved)
(5)
(Reserved)
(6)
(Reserved)
(7)
No farm or other accessory structure other than fences and buildings
used solely for the dead storage of tools, equipment, vehicles and
similar items shall be located closer than 200 feet to any property
line adjoining a residentially used property, unless otherwise set
at 100 feet or such other setback as approved in the applicable Nutrient
Management Plan. Notwithstanding the foregoing, if the State Conservation
Commission or the Berks County Conservation District grants a waiver
from a setback requirement for a manure storage facility, the setback
for such manure storage facility shall be the setback imposed by the
State Conservation District or the Berks County Conservation District.
(8)
No more than one single-family dwelling shall be located on any lot
on which an intensive agricultural activity is the principal use.
Notwithstanding the foregoing, temporary housing for farm employees
meeting all of the following requirements shall be permitted by special
exception:
(a)
A mobile home may be installed for the use of farm workers (and
their families) who are employed by the operator of the farm, for
such time as the employee works on the farm on which the mobile home
is located.
(b)
Any mobile home shall be occupied at least 120 days a year by
at least one person who is employed on the farm where the mobile home
is located. If this condition is not satisfied, the mobile home shall
be removed within 120 days.
(c)
If the Zoning Hearing Board grants a special exception for temporary
farm employee housing, the Zoning Officer shall issue a zoning permit
which shall be valid for a period of one year. The operator of the
farm may renew the permit annually by providing the Zoning Officer
with proof that at least one resident of the mobile home shall be
employed on the farm on which the mobile home is located.
(d)
The mobile home shall be located to the rear of the principal
farm dwelling and shall comply with all setback requirements imposed
upon single-family detached dwellings.
(e)
The mobile home shall be provided with a sewage disposal system
meeting all applicable Township and state ordinances and regulations.
(9)
The display and sale of farm products shall be permitted, provided that at least 50% of the quantity of products for sale has been produced on the property on which they are offered for sale. The sale of farm products shall be conducted in a structure or stand which shall not be located closer than 20 feet to the applicable street right-of-way. In addition, all off-street parking shall be designed in accordance with § 200-111 of this chapter.
(10)
All areas outside of an enclosed building used for feeding or
grazing of animals shall be completely fenced in so that animals cannot
leave the lot.
(11)
The cultivation of mushrooms shall be construed as an intensive
agricultural activity.
(12)
An odor management plan shall be prepared and submitted to the
State Conservation Commission or a delegated entity under the guidelines
of the Pennsylvania Code for all proposed concentrated animal operations,
with a copy of the submission to the Township of Union. If the Pennsylvania
Department of Agriculture, or other state or federal agency revises
requirements governing odor management plans, then this section shall
be interpreted in accordance with the revised regulations.
(13)
Solid and liquid wastes shall be disposed of in a manner to
avoid creating insect or rodent problems.
(14)
No discharges of liquid wastes and/or sewage shall be permitted
into a reservoir, sewage or storm sewer disposal system, holding pond,
stream or open body of water, or into the ground unless the discharges
are in compliance with the standards approved by the local, state
and/or federal regulatory agencies.
(15)
A nutrient management plan shall be prepared and submitted to
the State Conservation Commission or a delegated Conservation District
under the guidelines of the Pennsylvania Code for all proposed concentrated
animal operations, with a copy of the submission to the Township of
Union. If the Pennsylvania Department of Agriculture, Pennsylvania
Department of Environmental Protection, or other state or federal
agency revises the requirements governing nutrient management plans,
then this section shall be interpreted in accordance with the revised
regulations of the Pennsylvania Department of Agriculture, Pennsylvania
Department of Environmental Protection, or such other agency.
(16)
A stormwater management plan shall be prepared for all proposed
intensive agricultural uses, and submitted to the Township Engineer
for approval.
(17)
A conservation plan shall be prepared for all proposed intensive
agricultural uses and submitted to the Soil Conservation District
for approval.
(18)
No intensive agricultural buildings can be built in the one-hundred-year
floodplain.
(19)
ANIMAL EQUIVALENT UNIT (AEU)
ANIMAL EQUIVALENT UNIT PER ACRE
CONCENTRATED ANIMAL OPERATION
As used in this section, the following terms shall have the
meanings indicated:
One thousand pounds live weight of livestock or poultry animals,
regardless of the actual number of individual animals comprising the
unit; provided, however, that if the Pennsylvania Department of Agriculture,
Pennsylvania Department of Environmental. Protection, or other state
or federal agency revises the definition of "animal equivalent unit,"
then this term shall be interpreted in accordance with the regulations
of the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or such other agency.
An animal equivalent unit per acre of crop land or acre of
land suitable for application of animal manure.
Agricultural operations where the animal density exceeds
two AEUs per acre on an annualized basis; provided, however, that
if the Pennsylvania Department of Agriculture, Pennsylvania Department
of Environmental Protection, or other state or federal agency revises
the definition of "concentrated animal operation," then this term
shall be interpreted in accordance with the regulations of the Pennsylvania
Department of Agriculture, Pennsylvania Department of Environmental
Protection, or such other agency.
C.
Development permitted within A Zoning District.
(1)
Single-family detached dwelling shall be permitted in the Agriculture
(A) Zoning District, subject to the development limitations and controls
specified within this section of the chapter.
(2)
Contiguous tracts of land owned under single or separate deeds shall
be limited to the maximum additional single-family detached dwellings:
|
Size of Original Tract of Land
(acres)
|
Maximum Number of Dwelling Units
| |
|---|---|---|
|
5 to 19
|
2
| |
|
20 to 49
|
3
| |
|
50 to 99
|
4
| |
|
100 to 149
|
5
| |
|
150 to 199
|
6
| |
|
200 to 299
|
7
| |
|
300 to 399
|
8
| |
|
400 to 499
|
9
| |
|
500 or more
|
10
|
(3)
All single-family detached dwellings and/or lots approved prior to
the adoption of this chapter shall be permitted in addition to the
maximum number of dwellings specified under this section.
(4)
General agricultural and intensive agricultural land development
activity shall be permitted within the Agriculture (A) Zoning District,
subject to the limitations and controls specified under this section
of the chapter. Unless otherwise specified within this chapter, no
other land use or activity shall be permitted within the Agriculture
(A) Zoning District.
(5)
If permitted by the Township Board of Supervisors and Planning Commission,
a single-family residential lot and dwelling may be located along
a private road. In such cases, the applicant shall provide evidence
that the proposed residential lot and dwelling will be located in
an area which will conserve prime agricultural lands and will provide
safe and convenient access for emergency vehicles.
(6)
The individual lot size for a new single-family dwelling shall be
a minimum of one acre and a maximum of two acres. The Township may
permit larger lots if the applicant can demonstrate that the lot will
not encroach upon any prime agricultural lands and/or additional area
is needed to locate an on-lot sewage disposal system. In addition,
the residential lot and dwelling shall conform to the minimum and
maximum requirements specified below:
[Amended 3-21-2016 by Ord. No. 2016-01]
|
Minimum Regulations
| |||
|
Lot area
|
1 acre
| ||
|
Lot width
|
100 feet
| ||
|
Building setback
|
50 feet
| ||
|
Rear yard
|
30 feet
| ||
|
Side yard
| |||
|
Total
|
40 feet
| ||
|
One side
|
20 feet
| ||
|
Maximum Regulations
| |||
|
Lot area
|
2 acres
| ||
|
Building height
| |||
|
Farm buildings
|
No maximum
| ||
|
Silos
|
No maximum
| ||
|
Dwelling
|
35 feet
| ||
|
Building coverage
|
20%
| ||
|
Lot coverage
|
35%
| ||
|
Woodland extraction
|
30%
| ||
The following standards and controls shall apply to all government,
nonprofit, private and/or community recreational uses:
A.
All high-intensity outdoor recreation use shall be set back 200 feet
from all lot lines.
B.
All medium-intensity outdoor recreation use and all low-intensity
outdoor recreation use shall be set back 50 feet from all lot lines.
C.
No principal buildings utilized for indoor recreational activities
shall be constructed within 100 feet of any lot line.
D.
No buildings or impervious surfaces shall be constructed on lands which are classified and identified as part of the Environmental Protection Overlay District (Article XII).
E.
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the neighborhood from inappropriate noise, light and other disturbances. The depth of the buffer yard shall be a minimum of 20 feet in depth and shall be consistent with the provisions specified under § 200-101 of this chapter.
F.
Land areas which are not designated for buildings and impervious surfaces shall be planted with an adequate all-season ground cover which is consistent with § 200-101, Landscaping, of this chapter.
G.
No driveway or access street shall be located within 50 feet of the
intersection of any Township, state or private street. The intersections
and interior traffic circulation pattern shall be designed to prohibit
through traffic and minimize substantial traffic congestion and hazards.
H.
Parking facilities shall be required and designed in accordance with
all Township standards and specifications.
All proposed commercial and industrial uses shall be designed
in accordance with all applicable Township codes and ordinances.
Notwithstanding the laws and regulations of the United States
Environmental Protection Agency (USEPA) and/or the Pennsylvania Department
of Environmental Protection (PADEP), the environmental performance
standards listed under this section shall be utilized by the Union
Township Board of Supervisors, Planning Commission, and Township Engineer
as supplemental regulations for reviewing existing or potential environmental
impacts within the corporate limits of Union Township.
A.
Air management.
(1)
Open burning is not permitted in Union Township unless such burning
is consistent with the provisions and restrictions of all codes, regulations
and/or ordinances adopted by Union Township, the State of Pennsylvania,
or the federal government.
(2)
No gases, vapors, odors, and/or particulates shall be emitted from
the facility which are detrimental to persons, property, animals or
vegetation. No toxic, radioactive or corrosive gases, vapors or fumes
shall be released into the atmosphere.
(3)
No odors causing annoyance or discomfort to the adjacent residents
shall be detectable beyond the property lines of the commercial or
industrial site on which such odors originate.
(4)
The Air Pollution Control Act of 1960, P.L. 2119, of the Commonwealth of Pennsylvania (as amended), in conjunction with Chapter 131, Ambient Air Quality Criteria, and Chapter 123, Standards for Contaminants, of Title 25, Rules and Regulations 1971, as amended, shall be considered as minimum standards for the control of smoke, dust, fumes and emissions.
B.
Glare and heat control. Any operation producing intensive light,
glare and/or heat shall be performed within an enclosed building or
behind a solid fence in such a manner as to be completely imperceptible
from any point beyond the boundary lines.
D.
Solid waste management.
(1)
No storage of solid waste materials on the site shall be permitted
in excess of 10 days.
(2)
All solid waste materials awaiting transport shall be properly screened
and concealed from the view of all adjacent properties. All containers
shall be airtight and verminproof and have adequate storage capacity
to accommodate existing and projected volumes of solid waste.
(3)
All solid waste management violations must be rectified within a
twenty-four-hour period.
(4)
Incineration for the purpose of reducing or disposing of liquid or
solid waste material must comply with the Berks County Solid Waste
Management Plan.
E.
Outdoor storage control.
(1)
No flammable or explosive liquids, solids, or gases shall be stored
in bulk above ground, except for tanks or drums of less than 600 gallons
of fuel which is directly connected with engines, heating devices,
or appliances located and operated at the same site as the tanks or
drums of fuel and which have been approved by the Township or state
where applicable.
(2)
All storage facilities for fuel, raw materials and products stored
outdoors shall be enclosed by a security fence and planting screen
adequate to conceal the storage facilities from the view of adjacent
properties.
(3)
No materials or waste shall be deposited on site in such form or
manner by which it can be transported off the site by natural causes
or forces.
(4)
No substance which has the potential to contaminate groundwater or
surface water shall be permitted to be stored outside unless the owner
can provide safeguards which are satisfactory to the Township and
the Pennsylvania Department of Environmental Protection.
F.
Utility management and control.
(1)
All commercial and industrial uses requiring energy in the form of
electric, diesel, gas, oil, etc., shall comply with, the most acceptable
safety requirements recognized by the Pennsylvania Bureau of Labor
and Industry and shall be so constructed and installed as to be an
integral part of the architectural features of the site.
G.
Electromagnetic and radioactive radiation control. All electromagnetic
radiation shall comply with the regulations of the Federal Communications
Commission (FCC), provided that no electromagnetic radiation which
interferes with radio or television reception or the operation of
other equipment beyond the lot lines shall be produced. All radioactive
emissions shall be in accordance with all pertinent federal and state
standards.
A temporary permit shall be issued for the authorization of
temporary structures or uses necessary during construction or other
special circumstances of a discontinuing nature subject to the following:
A.
The time period of the initial permit shall be six months, which
may be renewed for three-month time periods up to and not exceeding
one year. The temporary structure(s) shall be removed completely within
45 days of the expiration of the permit.
B.
Any temporary storage container (example: PODS) shall be located
outside of the street right-of-way, intersection and or driveway clear
sight triangles, drainage easements and cannot create a visual obstruction
for vehicles using the public streets.
C.
Any temporary residential structure used during construction such
as a travel trailer, shall be self-contained and may not be connected
to utilities on the site.
A.
Outdoor storage of any type shall not be permitted unless such storage conforms to the normal functions and procedures conducted on the premises and is in compliance with § 200-95D. Outdoor storage of any type shall be prohibited, if such storage is considered and/or construed by the Zoning Officer as unsightly, malodorous, hazardous to the environment and potentially detrimental to the health and safety of the adjacent property owners. The use and location of such storage shall be in accordance with all pertinent federal, state and local codes.
B.
Propane tanks utilized for residential purposes shall not exceed
1,000 gallons and shall be permitted by the State Fire Marshal. The
use and location of the propane tanks shall be in accordance with
all pertinent federal, state and local codes.
C.
All other exterior fuel shall be stored above ground within the C
(Conservation Residential) or the SR (Suburban Residential) Zoning
Districts, except for fuels stored in approved containers, 600 gallons
or less, and utilized solely for agricultural purposes.
D.
Outdoor storage of recreational vehicles on residential lots. Recreational
vehicles including but not limited to travel trailers, ATV's, snowmobiles
and water craft shall not be parked or stored on any residential property,
except in a carport or enclosed building or to the rear of the front-most
wall of the dwelling where screened from view from any public road
or neighboring residential property, provided that such equipment
may be parked anywhere on the residential premises for a period not
to exceed 48 hours during loading and unloading activities. Further,
recreational vehicles shall not be used for dwelling purposes on a
residential lot.
No building or structure may be erected, altered, or used and
no lot or premises may be used for any activity which is continuously
noxious, injurious, or offensive by reason of dust, smoke, odor, fumes,
noise, vibration, gas, effluent discharge, illumination, or similar
substances or conditions.
See § 200-14H.
Flag lots are permitted in all zoning districts subject to the
following development standards and conditions:
A.
Flag lots shall only be permitted within residential developments
containing three or more total lots intended for single-family detached
dwelling units.
B.
In all cases, the applicant must demonstrate that the following site
conditions exist:
(1)
The tract of land cannot be subdivided to meet the minimum lot
width requirements of the applicable zoning district.
(2)
The tract of land represents the total contiguous land area
owned by the applicant.
(3)
The tract of land cannot be further subdivided in the future.
(4)
The tract of land cannot be properly subdivided due to the presence
of certain physical development limitations associated with the site.
(5)
The configuration of the proposed lots will not limit the potential
for development on adjacent tracts of land in the future.
C.
No more than two flag lots shall be created in residential developments. In all cases, the applicant shall demonstrate that the site conditions identified in § 200-100B exist.
D.
The access strip or stem of a flag lot shall be fee simple and extend to an existing public street. If required by the Township, a ten-foot buffer strip shall be provided along the access strip. The buffer strip shall be sufficiently landscaped in accordance with the standards specified under § 200-101A of this chapter.
E.
Driveways shall be located, designed and constructed in accordance
with all pertinent Township standards and specifications. Common driveways
shall be prohibited, unless there is no other feasible alternative
than a shared driveway.
F.
The width of the access strip or stem shall be a minimum of 30 feet
and a maximum of 75 feet. Additional width may be required by the
Township in order to overcome problems associated with slope, drainage
and/or sedimentation.
G.
The width of the access strip or stem shall be a minimum of 50 feet
if the Township determines that the proposed flag lot design will
limit the potential for development on adjacent tracts of land in
the future. The fifty-foot access strip shall be utilized as a future
right-of-way for the construction of a public street. If additional
lots are created and/or if additional lots utilize the access strip
for ingress and egress purposes, the fifty-foot access strip shall
be improved to meet all pertinent Township specifications for the
construction of public streets.
H.
The lot area for each flag lot shall meet or exceed the minimum lot
area requirements for the applicable zoning district. The area of
the access strip or stem short of the required lot width shall not
be utilized to compute the area of the flag lot.
I.
The building setback lines for the flag lot shall meet the minimum
required setbacks as specified by the applicable zoning district.
The front yard depth or setback shall be measured along the wide portion
of the lot, beyond the narrow access flag portion, generally perpendicular
to the public street. All other setbacks shall meet the rear yard
setback requirements.
J.
Flag lots may not be further subdivided or developed for any other
purpose.
K.
As a special case for an existing landlocked parcel, a new access
strip may be annexed from an adjoining parcel to an existing landlocked
parcel in order to provide fee simple access to a public road. The
width of the new access strip shall be a minimum of 30 feet to provide
for a ten-foot driveway and two ten-foot buffer areas on each side
of the driveway, or a width of 50 feet if a future road access is
envisioned.
Landscaping shall be provided in accordance with the regulations of this section and those contained within Chapter 172, Subdivision and Land Development, § 172-43.
A.
Buffer yards.
(2)
Any portion of a site which is not utilized for buildings, accessory
structures, loading or parking spaces, aisles, sidewalks, and designated
storage areas shall be planted with an all-season ground cover.
(3)
All buffer yards shall be maintained and kept clean of debris,
rubbish, weeds and tall grass.
(4)
Buffer yard plantings may also incorporate earthen berms not
exceeding four feet in height.
(5)
All plant materials shall be permanently maintained, and any
plant which does not live, or which grows in a manner uncharacteristic
for the selected species, shall be replaced at the expense of the
developer, or after the developer's eighteen-month maintenance period,
at the expense of the owner of the property on which the plant is
located.
(a)
The developer shall deposit with the Township a sum of money
equal to the amount necessary to cover the cost of purchasing, planting,
maintaining and replacing all vegetative materials for a period of
18 months. This condition shall be satisfied through an executed agreement
between the Township and developer.
B.
Developments requiring landscaping plans. All subdivision and land developments are required to submit a Landscape Plan to the Township for review and approval as part of the subdivision and land development approval process. The Landscape Plan shall be in accord with Chapter 172, Subdivision and Land Development, § 172-43.
A.
On every corner lot, a yard equal in depth to the front yard requirement
of the zoning district in which the corner lot is located shall be
provided on each side of the lot which is adjacent to a street.
B.
In cases in which a preexisting lot of record is changed into a corner
lot as the result of an adjacent subdivision or land development,
the front yard of the preexisting lot shall only be established along
the public street to which it originally had access. All other setbacks
shall conform to the applicable side and/or rear setback requirements
for the zoning district in which the preexisting lot is located.
Notwithstanding other provisions of this chapter, fences, walls
and/or hedges may be permitted within and along the periphery of any
required yard, provided that:
A.
No fence, wall and/or hedge is to be erected or planted within or
encroaching upon the street right-of-way.
B.
No fence or wall, except a security fence or retaining wall certified
by a professional engineer, shall exceed six feet in height.
C.
All proposed fences and walls shall be designed and constructed in
accordance with a permit of the Township Zoning Officer.
D.
Fences constructed solely out of barbwire shall only be permitted
for agricultural purposes.
E.
Security fences exceeding six feet in height shall only be permitted
for nonresidential land uses. The tops of security fences exceeding
six feet in height may also utilize barbwire.
A.
Clear-sight triangles shall be provided at all street intersections.
Within clear-sight triangles, nothing shall be erected, placed, planted,
or allowed to grow, except street signs, traffic lights or signs,
utility poles and mailboxes, which impedes vision between a height
of 2 1/2 feet and 10 feet above the center line grades of the
intersecting streets. Clear-sight triangles shall be established from
a distance of 75 feet from the point of intersection of the center
lines of the intersecting streets, except that a clear-sight triangle
of 150 feet shall be provided for all intersections with collector
and arterial highways.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage, subject to § 200-14.
A.
Unenclosed porches and paved terraces, provided that they are not
closer than 10 feet to any lot line for lots of less than two acres,
and no closer than 15 feet for lots of two acres and greater (except
a lot line which is the projection of a common wall), and do not project
into any required front yard.
B.
Open balconies or fire escapes and projecting architectural features,
such as bay windows, cornices, eaves, roof overhangs, chimneys, and
window sills, provided that all such features shall project no more
than five feet into any required yard and shall not be located closer
than six feet to any lot line.
C.
Uncovered stairs and landings, provided such stairs or landings do
not exceed three feet six inches in height, do not project more than
five feet into any required yard, and are not located closer than
six feet to any lot line.
On any lot on which a principal building existed at the effective
date of this chapter, any accessory building to such existing principal
building which is constructed after the effective date of this chapter
does not have to be set back further from any street right-of-way
or lot line than that principal building.
A.
The building height limitations contained within this chapter shall
not apply to chimneys, spires, belfries, cupolas, farm buildings,
silos, greenhouse ventilators, antennas (not in combination with support
towers), water tanks, and other similar appurtenances usually required
to be placed above the roof level, provided they are not intended
for human occupancy.
B.
The projection of the structures which are specified under § 200-107A of this chapter may be increased by one foot for each foot by which the width of each front yard, side yard and rear yard is increased beyond the minimum front, side and rear yard requirements up to a maximum of 50 feet. In no case shall the height of the structure, or the building in combination with a structure, be greater than the distance to the closest lot line.
C.
Unless otherwise specified in this chapter, no building in the Township,
other than a farm building, shall exceed 35 feet in height.
D.
Accessory buildings or structures customary to agricultural and horticultural
uses shall be exempt from the building height and open area requirements
specified in this chapter. The height of the accessory building or
structure above its base shall be less than the shortest distance
from such base to any lot line.
E.
The height exceptions specified in this chapter shall be consistent
with the development standards specified under any state or federal
airspace statutory provisions or airport zoning law.
Swimming pools shall be defined as a fixed body of water, 18 inches or more in depth and with a water surface area of 100 square feet or more, that is utilized for the purpose of swimming and bathing. Such swimming pools may be entirely or partially above ground. Swimming pools shall be classified as a residential accessory use. The following standards provided below shall supplement those standards provided in § 200-89 of this chapter.
A.
The pool, filters, pumps and other mechanical or structural equipment
shall not be permitted within the front yard setback, the side yard
setbacks and/or within 15 feet of the rear lot line.
B.
Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners, and shall be in conformity and accordance with the specifications and regulations set forth in the. Union Township Outdoor Lighting Ordinance Codified in Chapter 124 of the Union Township Code which are incorporated herein by reference.
C.
The pool shall be completely enclosed by a fence or wall not less
than four feet in height on all sides. If the enclosure is a fence,
the vertical and horizontal interfaces shall be no more than two inches
apart. All gates shall be equipped with locks.
D.
Aboveground pools over four feet in height do not need to be enclosed
by a fence or wall, but the ladders serving the pool shall be locked
in an inaccessible position at least four feet above the ground or
removed and locked up elsewhere.
E.
The pool shall not occupy more than 50% of the minimum yard area
in which it is located.
When the property on which any activity is conducted is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining residences and streets. No direct beams of light shall be directed toward adjacent properties or toward public roads, except from streetlights intended for the lighting of streets, the location of which have been approved by the Township and the appropriate utility company. Outdoor lighting within the Township of Union shall be provided in conformity and accordance with the specifications and regulations set forth in the Union Township Outdoor Lighting Ordinance Codified in Chapter 124 of the Union Township Code.
A.
Paved off-street loading and unloading spaces, with proper access
from a street, common driveway or alley, shall be provided on any
lot on which a building for trade or business is hereafter erected
or substantially altered. All such areas for the loading and unloading
of vehicles, and for the servicing of establishments or shops by refuse
collection, fuel and other service vehicles, shall be of such size,
design and arrangement that they may be used without blocking or otherwise
interfering with the use of automobile accessways, parking facilities
or pedestrian ways. All loading areas shall be paved. Loading areas
shall not be located within required front yards and shall not be
located within 15 feet of any side or rear lot line.
B.
All such spaces shall have dimensions not less than 12 feet by 45
feet, with a clearance of not less than 14 feet in height. Spaces
required shall be determined by the following table and shall be located
exclusive of any public right-of-way or required parking area.
|
Off-Street Loading Gross Floor Area
(square feet)
|
Spaces Required
| ||
|---|---|---|---|
|
Office building
| |||
|
First 20,000 or fraction thereof
|
1
| ||
|
Each additional 40,000 square feet
|
1
| ||
|
Warehousing or wholesaling establishment
| |||
|
First 10,000 or fraction thereof
|
1
| ||
|
10,001 to 60,000
|
1 plus 1 additional for each 25,000 square feet in excess of
10,000 square feet
| ||
|
60,001 and over
|
3 plus 1 additional for each 50,000 square feet in excess of
60,000 square feet
| ||
|
Other principal uses
| |||
|
First 10,000 or fraction thereof
|
1
| ||
|
10,001 to 40,000
|
1 plus 1 additional for each 15,000 square feet in excess of
10,000 square feet
| ||
|
40,001 and over
|
3 plus 1 additional for each 30,000 square feet in excess of
40,000 square feet
| ||
B.
Standards.
(1)
Each parking space shall have a minimum area of 200 square feet
and minimum dimensions of 10 feet by 20 feet; provided, however, whenever
there are more than 20 parking spaces 10% of the spaces may be nine
feet by 18 feet. In addition, appropriate driveways, aisles, and maneuvering
space shall be provided to permit safe and convenient access to and
use of the area provided for parking purposes. Proper access from
a street, alley, or driveway shall be provided.
(2)
Parking spaces for all uses shall be located on the same lot
as the use served.
(3)
All off-street parking spaces designated for single-family residential
units shall be located behind the street right-of-way line.
(4)
Joint parking facilities for two or more uses may be established,
provided that the number of spaces provided is not less than the sum
of the spaces required for each individual use.
(5)
All parking spaces and means of access, other than those relating to a dwelling, shall be adequately illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded from adjoining residences and public and private streets. The illumination shall be in compliance with the Union Township Lighting Ordinance codified in Chapter 124 of the Union Township Code which are incorporated herein by reference.
(6)
All common parking areas and access drives shall be paved. They
shall have marked parking spaces, shall be graded to provide convenient
vehicular access and proper drainage and shall be maintained in usable
condition. The maximum grade of areas used for parking shall not exceed
5%, and the maximum grade of access drives shall not exceed 10%. Surface
water shall not be concentrated onto public sidewalks and other premises.
(7)
The Township may permit a gravel or stone off-street parking
area if the applicant can provide evidence that the proposed land
use activity does not require a paved off-street parking area. As
part of the request, the applicant shall submit a stormwater management
plan, a grading plan, and an erosion/sedimentation control plan to
the Township Engineer for review and comment.
(8)
No areas necessary to fulfill the off-street parking requirements
of this chapter shall be used for the sales, dead-storage, repair,
dismantling, or servicing of vehicles.
(9)
Off-street parking facilities existing at the effective date
of this chapter shall not be subsequently reduced to an amount less
than that required under this chapter for a similar new building or
use.
(10)
The width of aisles in parking areas shall be no less than listed
in the following table:
|
Angle of Parking
|
One-Way
(feet)
|
Aisle Width Two-Way
(feet)
| |
|---|---|---|---|
|
90°
|
20
|
24
| |
|
60°
|
18
| ||
|
45°
|
15
| ||
|
30°
|
12
|
(11)
When the required number of parking spaces is computed and a
fraction of a parking space results, any fraction below one-quarter
may be disregarded and any fraction over 1/4 shall necessitate the
provision of a full parking space.
(12)
The design of parking areas for all uses shall be such to prevent
the backup of vehicles on a public street.
(13)
Where parking requirements are determined by the number of seats
and no permanent seats are provided, only temporary seats, the number
of parking spaces to be provided shall be based upon the capacity
for temporary seats in normal usage.
(14)
Parking areas shall be arranged so that no portion of any vehicles
parked within a designated parking space can extend over any property
line of the lot on which it is parked.
(15)
Parking areas for nonresidential uses which are designed to
contain more than three vehicles shall be screened from the view of
persons on any land zoned C.
(16)
Parking areas and access drives for nonresidential uses shall be located a minimum of 15 feet from a lot line and street right-of-way line, and the area between the parking area and the lot line or street right-of-way line shall be landscaped in accordance with the standards specified under § 200-101A, Buffer yards.
(17)
Nonconforming parking areas. No major repairs, substantial alterations
or extensions to any building shall be permitted unless the plans
for such change shall provide for bringing the entire property into
conformance with all of the provisions of this section as if an application
were being made for a permit to erect or construct all of the existing
and proposed buildings and structures on undeveloped ground.
(18)
The parking of tractor trailers, recreational vehicles (RVs),
campers, boats, school buses, or other similar vehicles shall not
be permitted on any public street or within any required front, side
or rear yard setback. The parking of such vehicles shall only be permitted
on an improved parking area.
C.
Requirements. Off-street parking requirements shall be as follows.
For any building or use not covered below, or for any combination
of uses set forth below, the Zoning Officer shall apply the standard
for off-street parking spaces in the below schedule deemed to most
closely approximate the proposed building or use.
(1)
Residential uses: three parking spaces per single-family detached
dwelling unit, 2 1/2 spaces per multifamily (apartment) dwelling
unit, and two spaces per other dwelling unit. For townhouse developments
other than fee simple lot ownership (i.e., rental units, condo, home
owner association, or trust association), provisions for guest/overflow
parking at a rate of 1/2 spaces per dwelling unit shall be provided.
(2)
Wholesaling, warehouse or industrial use: one space per two
employees for the combined employment of the two largest successive
shifts.
(3)
Restaurant, tavern, or similar use: one space for each two seats
plus one space for each full-time employee on the largest shift.
(4)
Retail and service establishments: one space for each 150 square
feet of gross floor area.
(5)
Office buildings: one space for each 200 square feet of gross
floor area.
(6)
Motel, hotel, or similar establishments: one space for each
rental unit plus one space for each employee on the largest shift.
(7)
Medical, dental, and paramedical offices and clinics: eight
spaces for each person engaged in practice.
(8)
Continuing care retirement community: one and one-half spaces
per independent living residence, 0.75 spaces per bedroom in assisted
living residences, 0.2 spaces per bedroom in a nursing facility, plus
one space for each employee on the largest shift.
(9)
Nursing home, hospital, or convalescent home: one space per
each five beds or fraction thereof, plus one space for each employee
on the largest shift.
(10)
Funeral home: one space for each four seats.
(11)
Roadside farm stand: not less than five spaces.
(12)
Drive-in eating establishment (no indoor seating provided):
one space for each 2,000 square feet of lot area or one space for
every 25 square feet of gross floor area, whichever is greater, plus
one space for each full-time employee on the largest shift.
(13)
Bowling alley: five spaces per alley.
(14)
Auditorium, gymnasium, theater, municipal building, place of
worship, club or lodge, cafeteria utilized for public assemblage,
or other place of public assemblage: one space for every three seats.
(15)
Library or museum: one space per 300 square feet of gross floor
area.
(16)
Nursery schools: one space per employee plus one space for loading
and unloading of children for each five children accommodated in the
school.
(17)
Elementary and junior high schools: one space per employee plus five spaces per classroom. Refer to § 200-111C(14) for additional requirements.
(18)
High schools: one space per four students plus one space for each employee. Refer to § 200-111C(14) for additional requirements.
(19)
Skating rink, swimming pools, dance hall, indoor recreational
establishment: one space per 50 square feet devoted to patron use.
(20)
Motor vehicle service station or repair garage: two parking
spaces per service bay.
A.
No driveways shall be located, designed and constructed so as to
create a drainage or sedimentation problem on an adjacent property
or street.
B.
All driveways shall be so constructed and maintained that the materials
of which the driveways are made will not wash nor be deposited upon
public roads.
C.
Driveways serving single-family residential dwelling units shall
not exceed 14% in grade.
D.
All driveways shall be paved a minimum distance of 20 feet from the
edge of the cartway. The area between the edge of the cartway and
the ultimate right-of-way line shall not exceed 5% in grade. All driveways
exceeding 8% grade with positive drainage to the public road to which
it has access shall be paved to the public road.
E.
Driveways serving multifamily residential dwelling units and nonresidential
developments shall not exceed 10% in grade and shall be paved.
F.
All driveways shall be so located, designed and constructed as to provide optimum sight distance at their intersection with the street. Chapter 172, Subdivision and Land Development, provides standards and guidelines for calculating site distances.
G.
Driveway entrances shall not intersect streets at angles of less
than 60% nor more than 120°.
H.
All driveways shall be located, designed and constructed in accordance with the standards for driveways specified in Chapter 172, Subdivision and Land Development.
I.
A driveway occupancy permit, issued by the Township, shall be required
for all proposed driveways entering onto a Township road. A highway
occupancy permit, issued by the Pennsylvania Department of Transportation,
shall be required for all proposed driveways entering onto a state
road.
A.
All areas for off-street parking, off-street unloading and loading,
and the storage or movement of motor vehicles shall be physically
separated from the public street or highway by a raised curb, planting
strip, or other suitable barrier of at least five feet in width against
unchanneled motor vehicle entrance or exit, except for necessary accessways,
access roads, or driveways which supply ingress and egress from such
facilities.
B.
Each use with less than 100 feet of frontage on a public street shall
have not more than one accessway to each such street. No use with
100 feet or more frontage on a public street shall have more than
two accessways to any one street for each 300 feet of frontage. Where
practicable, movement into and out of parking areas shall avoid direct
access to or from an arterial street or major collector.
C.
The width of curb cuts for driveways, measured at the street line,
shall be as follows:
|
Width
(in feet)
| |||
|---|---|---|---|
|
Minimum
|
Maximum
| ||
|
One-way
|
12
|
24
| |
|
Two-way
|
24
|
30
| |
D.
In all cases, the radius of the edge or the driveway apron shall
be at least 15 feet and no more than 50 feet.
E.
The location and width of exit and entrance driveways shall be planned
so as not to interfere with the use of adjacent property and with
pedestrian and vehicular traffic on adjacent streets. The center line
of the access driveway onto or from any public street, private street,
or shared driveway shall be located at least 50 feet from the intersection
of any street right-of-way lines.
[Amended 12-18-2017 by Ord. No. 2017-03]
A.
Purpose and application.
(1)
The purposes of the regulations contained under this section
are to promote and maintain overall community beautification; establish
reasonable time, place and manner regulations on the exercise of free
speech; promote traffic safety; and promote appropriate and efficient
use of land.
(2)
Signs existing at the date of enactment of this chapter and
which do not conform to the requirements of this chapter shall be
considered nonconforming signs. Once a nonconforming sign is removed,
it may be replaced only with a conforming sign. Nonconforming signs
may be repaired or repainted, provided that the modifications do not
exceed the dimensions of the existing sign.
B.
Area standards.
(1)
The area of a sign shall be construed to include all lettering,
wording, and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself.
(2)
The area of a sign, painted upon or applied to a building, shall
be considered to include all lettering, wording, and accompanying
designs or symbols together with any backing associated with the sign.
(3)
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall, or window, the area shall
be considered to be that of the smallest rectangle or other shape
which encompasses all of the letters symbols, colors, or other features
integral to the sign.
C.
Permitted signs in all zoning districts, without a formal permit
requirement. The following signs are permitted in all districts without
a permit subject to any below listed conditions:
(1)
Directional, legal or governmental signs. Signs necessary for
direction, regulation, and control of traffic; road construction related
signs; street name signs; legal notices, warnings at railroad crossings;
and other official federal, state, county and Township governmental
signs.
(2)
Private property signs. "No trespassing" signs; signs indicating
the private nature of a road, driveway or premises; and signs controlling
fishing or hunting on the premises, provided that the area of each
such sign shall not exceed four square feet.
(3)
Personal expression signs. Signs expressing the opinion of the
owners or occupants of the property upon which signs are placed, provided
that no such sign shall be obscene or shall cause threat to the health
safety of the public; no such sign shall exceed 12 square feet in
area and not more than one such sign shall be erected per street frontage.
(4)
Temporary political signs. Signs supporting political parties,
candidates for political office, ballot questions or current election
issues. The area of said signs shall not exceed 12 square feet and
placement of such signs shall be subject to the permission of the
property owner on which land such signs are located. All such signs
shall be removed within seven calendar days following said election.
(5)
Real estate signs. Display of any sign shall be limited to one
per property frontage and shall not exceed 12 square feet in size
in agricultural, conservation and residential zoning districts and
32 square feet in commercial and industrial zoning districts. These
signs shall be removed within 30 days of settlement or lease of the
property.
(6)
Garage or yard sale signs. Said signs are limited to one on-premises
sign per street frontage. The size of the sign shall not exceed 12
square feet. Said signs may be erected one day prior to the garage/yard
sale and shall be removed at the end of the day the event occurs.
(7)
Holiday and seasonal decorations. Holiday and seasonal decorations
displayed for recognized federal, state or religious holidays shall
be exempt from these regulations, except where these signs interfere
with traffic safety or in any other way create a public safety hazard,
as determined by the Zoning Officer.
(8)
Agricultural signs. Signs denoting membership in agricultural
associations, cooperatives, or indicating specialization in a particular
breed of cattle, hogs, etc., provided that such sign is limited to
12 square feet. Signs for test plots for a particular hybrid or strain
of plant, provided that such signs are limited to four square feet
for and not more than one sign per 10 feet of road frontage.
(9)
Temporary civic, institutional, religious and business signs:
(a)
Temporary signs announcing; a campaign drive for a civic, philanthropic,
educational or religious organization; signs for contractors, developers,
architects, engineers, builders and artisans erected and maintained
on the premises where the work is being performed; and signs directing
patrons, members of audiences to temporary exhibits, shows or events.
(b)
The area of a temporary sign shall not exceed 12 square feet.
(c)
Temporary signs may be erected 30 days prior to the referenced
event/activity and shall be removed within 14 days of the completion
of the referenced work, activity, event, or campaign.
(10)
Flags. Other than for special event or promotional flags as described in § 200-114F(3), the following provisions shall apply:
(a)
Location. Flags and flagpoles shall not be located within any
street right-of-way.
(b)
Height. The flagpole height shall not exceed 35 feet in height.
(c)
Size. Maximum flag size is 24 square feet in residential districts
and 35 square feet in all other districts.
(d)
Flag types. Flags containing commercial messages may be used
as permitted freestanding or projecting signs, and if so used, the
area of the flag shall be included in, and limited by the calculation
of allowable area for signs on the property and subject to sign permit
requirements.
(e)
Cemeteries and veteran's memorials are exempt from these flag
limitations.
D.
Permitted signs in residential districts, with permits. In addition to those signs permitted in all districts under § 200-114C above, the following signs are permitted in the Agriculture (A), Conservation (C) and Suburban Residential (SR) Zoning Districts:
(1)
Home occupation or name sign displaying the name and address
of the occupant or the profession or activity of the occupant of a
dwelling, provided that not more than one such sign shall be erected
for each permitted use or dwelling and provided that the area of such
sign shall not exceed two square feet and provided that such sign
shall be fixed flat on the main wall of such building or may be erected
in the front yard, but not within 10 feet of the cartway.
(2)
Sign, bulletin, announcement board or identification sign for
schools, churches, clubs, multifamily dwellings or other principal
uses and buildings other than dwellings on the same lot therewith
for the purpose of displaying the name of the institution and its
activities or services, provided that the area of any such sign shall
not exceed 12 square feet and not more than one such sign shall be
erected on any one street frontage.
(3)
Signs offering the sale of farm products, nursery products,
or livestock produced or raised on the premises, provided that the
area of any such sign shall not exceed 12 square feet and not more
than one such sign shall be erected per street frontage.
E.
Permitted signs in multifamily and/or residential land development projects, with permits. In addition to those signs permitted in all districts under § 200-114C above, the following signs are permitted in multifamily and/or residential land development projects:
(1)
Freestanding temporary real estate signs for advertising the
sale or rental of the premises upon which the sign is erected, provided
that the total area of any one side of the sign does not exceed 32
square feet, that there shall be no more than one such sign on each
street frontage. For the purposes of this chapter, multifamily dwelling
premises shall not be advertised by temporary real estate signs for
more than 12 months after building construction is completed of the
land development project.
(2)
Directional signs, not to exceed two square feet each, erected
within the project itself to direct persons to a sales or rental office
or sample apartment.
(3)
Permanent identifying signs for the purpose of indicating the
name of the multifamily project and for the purpose of identifying
the individual buildings within the projects. Not more than one sign
for each entrance to the project from a public street to identify
the name of the project shall be permitted, and no such sign shall
exceed 12 square feet in size. Signs to identify the individual buildings
within the project shall not exceed two square feet in size.
F.
Permitted signs in commercial and industrial districts, with permits. In addition to those signs permitted in all districts under § 200-114C above, the following signs are permitted in the Village Commercial (VC), Highway Commercial (HC), Heavy Industrial and Quarry/Landfill Zoning Districts and no other:
(1)
Permanent business/industrial signs. Business or industrial
wall or freestanding signs on the same lot as the use to which it
relates, provided that the total of such signs shall be limited to
two square feet for each lineal foot of horizontal building facade
length, but not to exceed an aggregate area of 160 square feet. No
more than two freestanding sign structures shall be permitted per
lot.
(3)
Business special event, seasonal, grand opening promotional
signs:
(a)
Said signs may include signs, banners, flags, balloons and other
similar promotional features.
(b)
The use or promotional signs and features for any grand opening
or re-opening shall be limited to a period of thirty-day prior to
and 30 days after the initial occupancy permit is issued for the business
use.
(c)
No portion of a ground-mounted sign used to advertise a special
event shall exceed the height of 48 inches.
(d)
Any banner or wall sign used to advertise a special event shall
not extend above the roofline of the building upon which the sign
is displayed.
(e)
A special event sign or banner shall be fastened securely. Ground
signs shall be anchored with a metal pipe or other secure support.
Hanging signs or banners shall be secured and not allowed to flap
or sag.
(f)
A freestanding special event sign, banner or flag may be two-sided.
(g)
The sign or feature shall not obstruct the vision or sight distance
of the operator of any motor vehicle or interfere with normal pedestrian
movements.
(h)
All promotional banners, flags, balloons and other permitted
promotional features shall be located outside of the street right-of-way
and 10 feet from all other property lines.
(i)
The use of banners, flags, balloons and other permitted promotional
features may be utilized provided they comply with the following provisions:
they shall not be utilized on the property for more than 60 consecutive
days or more than 120 days in any calendar year and only balloons
shall exceed the height of the roof line.
(j)
A special event sign permit shall be required for each sign
or combination of signs used to advertise any special event during
the calendar year. The property owner, or lessee with the owner's
permission, may make one permit application establishing all dates,
times and the duration of each separate special event sign proposed
to be displayed during a calendar year, or make separate applications
for each such event, providing the total does not exceed 120 cumulative
days during any calendar year.
(4)
Multitenant business, office or industrial signs.
(a)
Marquee sign. A marquee sign is for the purpose of identifying
a multitenant building complex and its tenants and not for any advertising.
[1]
One freestanding marquee sign may be erected per building complex.
[2]
Complex name. The marquee sign can have one sign, no more than
50 square feet each side identifying the commercial business, office
or industrial complex (ex., "plaza," "park," "commons").
[3]
Tenant names. On the marquee sign, one business sign of no more
than two sides may be attached for each business, office or industrial
use, with each sign side shall not exceed 10 square feet.
[4]
The maximum size of a marquee sign shall not exceed 160 square
feet in total for the building complex and all tenants.
(b)
Wall signs. Additionally, for each commercial/industrial use
located within the building complex, one wall sign, the area of which
shall be calculated at 1.5 square feet per linear foot of building
frontage facing the public street or parking lot, up to a maximum
size of 32 square feet.
(5)
On-site advertising signage for a single use in excess of the 160 square feet maximum permitted under § 200-114F(1) above, may be permitted up to a maximum of 300 square feet subject to conditional use approval. On-site advertising signs include freestanding signs, wall signs, roof signs and window signs. Said conditional use approval for increased on-site advertising signage (total for the site) shall be based on compliance with the standards and specifications as set forth for billboards (off-site advertising signs) as listed under § 200-114G below.
G.
Billboards, with permits. Billboards (off-site advertising signs)
may be erected and maintained as a conditional use within the Highway
Commercial (HC) Zoning District which immediately adjoins State Route
724 and for a distance of 150 feet from the edge of the right-of-way
of said road. In addition the following standards and specifications
shall apply:
(1)
All off-site advertising signs shall have a maximum display
area of 300 square feet per sign face with a maximum width of 25 feet,
inclusive of any border, and shall have no more than one in each direction.
(2)
Two sign faces may be utilized only in the back-to-back arrangement,
in which case they shall be parallel and directly opposite sign faces
oriented in opposite directions located not more than 15 feet apart.
(3)
All off-site advertising signs shall be constructed on a steel
unipole support meeting the industry-wide standards and shall be designed
and certified as accurate and of sound construction quality by a registered
and certified professional engineer whose signature and seal shall
appear on the face of said plan along with said certification.
(4)
All off-site advertising signs shall conform to the building
height restrictions of the district controlling the location of the
structure. The height shall be measured from the bed of the street,
road, highway or alley to the highest part of the sign or supporting
structure.
(5)
No off-site advertising sign shall be erected within 1,000 feet
of any other advertising sign on the same side of any street, road,
highway or alley.
(6)
No off-site advertising sign shall be erected closer than 20
feet to the cartway or as specified by the Pennsylvania Department
of Transportation.
(7)
All off-site advertising signs shall be maintained in good and
safe structural condition. The painted portion of all off-site advertising
signs shall be kept in good condition.
(8)
All newly erected off-site advertising signs shall conform to
all applicable federal, state and local laws, rules and regulations.
(9)
The general area in the vicinity of all off-site advertising signs shall be kept free and clear of sign material, debris and adhere to any and all Township ordinances, including the Weed Control Ordinance, Chapter 56 of the Code of Union Township, now in effect or as hereinafter amended.
(10)
Off-site advertising signs shall be in accordance with Chapter 124 of the Code of Union Township may be illuminated, provided that the lighting shall be arranged in a manner which shall protect neighboring properties and streets or roadways from direct glare, beams or rays and shall not be of such intensity or brilliance to cause impairment of the vision of any driver or operator of any vehicle nor create hazardous interferences of any kind.
(11)
No off-site advertising signs shall be erected within 150 feet
of any intersection of any public roadway with State Route 724, and
no off-site advertising sign shall be erected or placed in any manner
so as to interfere with or impede the unobstructed vision of a motor
vehicle operator attempting to enter on or exit from any intersection
with a public or private roadway, or any driveway or parking facility
adjacent to State Route 724.
(12)
No off-site advertising sign shall be erected or maintained
without the owner thereof having first obtained a permit from the
Township, which shall be issued by the Zoning Officer or other party
designated by the Board of Supervisors, only upon receipt of a written
application completed in duplicate, signed by the applicant and accompanied
by five copies of a plan of the property or tract of land, prepared
to scale, depicting dimensional limits of the sign face, the perimeter
boundaries as taken from the deed for said tract, identifying the
current owner of the tract, all adjacent owners, the location and
dimensions of State Route 724 in relation to the tract, the next closest
intersecting public roadways and any driveways or parking areas within
150 feet of the site, the proposed location of the sign area to be
transferred in fee or controlled by lease, and any and all easements
or utility installations affecting such site, and accompanied by five
copies of a plan of the sign, prepared to scale, depicting the supporting
structure and the specifications of the materials and methods of construction
and maintenance to be employed, signed and certified by a registered
licensed professional engineer.
(13)
Permit applications shall be reviewed by the Zoning Officer
and the Township Engineer for compliance with this chapter, and, upon
approval by both, a permit shall be issued to remain in effect for
a period of three years from the date of issuance of the permit, subject
to renewal for additional three-year intervals upon written reapplication
and presentation of documentation establishing the applicant's continued
compliance with the terms and conditions of this chapter concerning
weed control, maintenance, illumination and other terms not to include
the location of the site itself but to include any terms or conditions
appearing on the face of the permit.
(14)
Permit applications shall be accompanied by a check or cash
in full satisfaction of an initial application fee as set from time
to time by resolution of the Board of Supervisors or a reapplication
fee as set from time to time by resolution of the Board of Supervisors.
H.
Supplementary sign regulations. The following supplementary sign
regulations shall apply to all zoning districts in the Township except
as otherwise more specifically provided for elsewhere in the chapter.
(1)
Projection. No sign shall project more than 12 inches from the
building facade to which it is attached. No freestanding sign may
project beyond the lot line or beyond a street right-of-way.
(2)
Height. No sign that is a part of or is supported by a building
shall be erected upon the roof of such building, except as elsewhere
provided in this chapter for commercial and industrial zoning districts,
nor shall such sign extend above the height of the building. Freestanding
signs shall meet the height requirements of the particular district
in which they are located.
(3)
Clearance. Except for ground signs no sign structure erected
directly upon the ground shall have less than three feet of clear
space between such sign and the ground; however, necessary supports
may extend through such open space.
(4)
Illumination. Signs may be illuminated in accordance with Chapter 124 of the Code of Union Township.
(5)
Placement. No signs shall be permitted which are posted, stapled
or otherwise permanently attached to public utility poles or trees
within a street right-of-way. No portion of any freestanding sign
shall be located within five feet of any side lot line.
(6)
Construction. All signs, except temporary signs, shall be constructed
of durable material and kept in good condition and repair. Any sign
which is allowed to become dilapidated may, after 30 days' notification,
be removed by the Township at the expense of the owner or lessee of
the property on which it is located.
I.
Prohibited signs. Unless otherwise specified by this chapter, the
following signs shall be considered as prohibited signs, which shall
not be permitted within Union Township:
(1)
Nongovernmental signs attached to utility poles within the public
rights-of-way.
(2)
Portable signs used as a permanent freestanding sign.
(3)
Vehicular signs. Signs painted on or affixed to vehicles, panel
trucks or trailers parked on a property within 50 feet of the street
right-of-way.
(4)
Any sign that imitates, resembles, interferes with, or obstructs
official traffic lights, signs or signals.
(5)
Signs which prevent free ingress or egress from any door, window,
fire escape, or that prevent free access from one part of a roof to
any other part. No sign other than a safety sign shall be attached
to a standpipe or fire escape.
(6)
Signs which emit smoke, visible vapors, particulate matter,
sound, odor or contain open flames.
(7)
Signs containing vulgar messages or depicting any lewd, pornographic,
lascivious or other offensive acts.
(8)
Any sign exceeding the provision for location, placement, type,
area, height, clearance, visibility, sight distance, projection, quantity
and illumination, as specified within this chapter.
(9)
Signs prohibited under state or federal law.
A.
Assisted living facilities and personal care homes. As further defined under § 200-10 of this chapter, shall be permitted by conditional use in the SR, VC and HC districts, subject to the provisions of this chapter as well as the following design standards and specifications.
(1)
A minimum of six acres of contiguous net land area shall be
required to accommodate the assisted living facility, and/or nursing
home at a density not to excel 10 living units/bedrooms per acre.
In addition, the minimum and maximum dimensional and lot coverage
requirements, as specified by the zoning district in which the assisted
living facility and/or nursing home is to be located shall apply.
(2)
The assisted living facility, and/or nursing home shall be serviced
by public sanitary sewage disposal facilities, which shall be planned
in accordance with the most recent update to the Union Township Sewage
Facilities Plan, as prepared and adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended). All sewage disposal
facilities shall be designed with sufficient capacities, which shall
be subject to the review and approval of the Union Township Municipal
Authority and the Pennsylvania Department of Environmental Protection.
(3)
The assisted living facility, and/or nursing home shall be serviced
by public water supply facilities. All water supply facilities shall
be designed with sufficient capacities, which shall be subject to
the review and approval of the Union Township Municipal Authority
and the Pennsylvania Department of Environmental Protection. As part
of the conditional use application, the applicant shall provide documentation
or evidence that the quantity of the water supply source will be sufficient
to accommodate the proposed uses within the development without adversely
affecting other adjacent land uses.
(4)
All other utility provisions serving the development shall be
planned and installed in accordance with the specifications of the
public utility provider supplying service.
(5)
All property lines adjacent to existing residential land uses
shall be adequately screened and buffered so as to protect the residential
neighborhood from inappropriate noise, light and other disturbances.
(6)
All designated points of ingress and egress for emergency management
vehicles shall be designed to consider traffic volumes on existing
streets and adjacent uses.
(7)
All means of ingress and/or egress shall be located at least
150 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Union Township.
(8)
The off-street parking and loading spaces shall be designed
to comply with the provisions specified under this chapter. The interior
access ways shall be designed so as to prevent traffic congestion
at points of ingress and egress. All proposed areas designated for
the loading or unloading of emergency response vehicles, buses and/or
other commercial vehicles shall be planned and arranged so they may
be utilized without interfering with the interior traffic circulation
and parking facilities.
(9)
All proposed signs for the assisted living facility, and/or
nursing home shall comply with the provisions specified under this
chapter.
(10)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be enclosed, vermin proof and have adequate storage capacity
to accommodate the projected volumes of solid waste. All storage of
waste shall be in a manner that is leak and vermin-proof. No storage
of waste shall exceed seven days in length. No such storage area for
trash and rubbish shall be permitted within 50 feet from any property
line.
(11)
All medical waste, biohazardous materials, equipment, red bag
waste, and other similar items, which because of its potential health
risks, shall be discarded in a manner specified by local, county,
state and federal laws.
(12)
An emergency management plan must be developed in the event
of a catastrophic event resulting from flooding, fire, snow, ice,
earthquake, utility outage, or other catastrophic event. The emergency
management plan should be submitted to Union Township for review and
consideration prior to the issuance of the use and occupancy permit.
The emergency management plan shall be posted and a copy shall be
issued to occupants of the facility.
B.
As part of the conditional use application, the applicant shall provide
evidence that the assisted living facility, and/or nursing home shall
comply with the provisions established within this chapter. This may
include the submission of a grading plan, utility plan, landscaping
plan, architectural renderings, traffic impact study and/or environmental
impact assessment report. Prior to the submission of the conditional
use application, the applicant shall consult with the Union Township
Engineer and Zoning Officer to initially discuss the documentation
that may be required as part of the application.
C.
If the conditional use application is approved, a complete land development
plan shall be submitted to Union Township for review and consideration.
The land development plan shall comply with all conditions of approval
issued as part of the conditional use application as well as all other
provisions specified by the Union Township.
The restrictions of this chapter shall not apply to any existing
or proposed building or extension thereof used by any public utility
corporation, if, upon petition of the corporation, the Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
Commercial campgrounds are permitted by special exception in Highway Commercial (HC) Zoning Districts, unless provided for otherwise in § 200-5. If a special exception is granted by the Zoning Hearing Board, then the applicant shall be subject to the following conditions:
A.
The minimum area for such uses shall be 25 acres.
B.
The application for special exception use shall be accompanied by
three copies of a detailed development plan for the site. One copy
will be retained for use by the Zoning Hearing Board; a copy will
be forwarded by the Zoning Hearing Board to both the Planning Commission
and Township Engineer for review and comment prior to the hearing
on the special exception use.
C.
Permanent structures in the area shall be limited to one residence
and one retail store, with sales limited to items for the convenience
of campers, and accessory structures including an office, maintenance
buildings and outdoor storage areas. All such structures shall be
located no less than 200 feet from any property line and the nearest
public road right-of-way line.
D.
A one-hundred-foot wide buffer yard shall be provided adjacent to all property lines and public road right-of-way lines. The buffer yard shall contain suitable plantings of vegetation which create an effective screen. In addition, the buffer yard shall meet all pertinent standards specified under § 200-101A of this chapter.
E.
No less than 30% of the gross site area shall be devoted to recreational
facilities, including children's play areas and adult recreation areas.
F.
Campsites for both tents and recreational vehicles shall be limited
to 10 sites per acre.
G.
The minimum area of a campsite shall be 3,000 square feet and shall
be so dimensioned, improved, and arranged that, when occupied, no
part of any unit, including accessory attachments, shall be within
10 feet of any designated campsite lot line.
H.
Roads and accessways shall be provided in such a manner so that ingress
and egress for each campsite lot can be had without encroaching or
entering upon any other campsite lot.
I.
Each campsite shall be occupied by only one unit, be it tent, trailer
or camper.
J.
No permanent structures other than fireplaces shall be permitted
on any campsite lot.
K.
Occupancy at a campsite shall only be permitted between the months
of March through November. Occupancy at a campsite shall not be permitted
in the months of December, January and February.
L.
Recreational vehicles may be stored on the grounds in a designated fenced parking area outside of any wetlands and floodplains, screened by a buffer yard from view of abutting properties and public roads. The buffer yard shall meet all pertinent standards specified under § 200-101A of this chapter.
M.
No part of any campground area shall be used for nonresidential purposes,
except those purposes required for serving the well-being of the campground
customers and for the management and maintenance of the campground.
N.
The development plans required for special exception, shall be proposed and submitted in accordance with preliminary plan requirements with detail comparable to that which is required under the minimum plan requirements for Chapter 172, Subdivision and Land Development, shall indicate campsites, parking, roads, utilities, sewage disposal facilities, recreation areas, permanent buildings and any other significant features thereof.
O.
A fire prevention and protection plan approved by the local Fire
Marshal having jurisdiction and the Emergency Management Coordinator
shall be submitted with the development plans.
Multifamily developments containing townhouses and apartments
are permitted by conditional use in the Suburban Residential (SR),
Village Commercial (VC) and Highway Commercial (HC) Zoning Districts.
If a conditional use is approved by the Board of Supervisors, the
following conditions shall also apply:
A.
The minimum amount of land in the development shall be 10 acres.
B.
The development shall be served by public sewage disposal and water
supply facilities.
C.
The overall density of the development shall not exceed three dwelling
units per acre.
D.
The maximum building height shall be 35 feet.
E.
A minimum of 30% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands within the Environmental Protection Overlay District (Article XII). The common open space shall be planned as a contiguous area located and designed for the maximum benefit for all residents within the development. The common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open space areas may be reserved for private use or dedicated to the Township if acceptable to the Township. For land which is not dedicated to the Township, written agreements satisfactory to and approved by the Township shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.
F.
A system for pedestrian circulation shall be provided throughout
the development.
G.
The maximum length of an apartment building shall be 150 feet.
H.
The number of townhouses, or other units in combination with townhouses,
shall not exceed four contiguous residential dwelling units.
I.
No apartment building shall be located within 100 feet of any property
line of the development, and no townhouse shall be located within
75 feet of any property line of the development that is not the street
right-of-way.
J.
The horizontal distance between groups of multifamily structures
shall be a minimum of 60 feet between the closest structural points.
K.
No townhouse shall be located within 40 feet of any street right-of-way
line.
L.
The minimum width of a townhouse shall be 20 feet.
M.
No apartment building shall be located within 75 feet of any street
right-of-way line.
N.
No more than 25% of the total area of the development shall be covered
by buildings.
O.
Maximum lot coverage shall be 35%.
[Amended 3-21-2016 by Ord. No. 2016-01]
P.
Exterior storage areas for trash and rubbish shall be completely
screened from view on three sides, and all trash and rubbish shall
be contained in verminproof containers.
Q.
Common parking areas shall not be designed or located to require
vehicles to back into streets in order to leave the parking areas.
All dead-end parking lots shall provide adequate areas in which emergency
and commercial vehicles can safely maneuver.
R.
Common parking areas shall be located a minimum of 40 feet from all
buildings and from the exterior lot lines of the development. Common
parking areas shall be a minimum of 40 feet from all street rights-of-way.
S.
Entrance and exit ways to parking areas shall have a minimum width
of 12 feet for each lane of traffic entering or leaving the areas.
T.
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 40 parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 200-101A, Buffer yards.
U.
Entrances to and exits from common parking areas shall be located
a minimum of 100 feet from the point of intersection of the nearest
street curblines.
Single-family semidetached developments are permitted by-right
in the Suburban Residential (SR) and Village Commercial (VC) Zoning
Districts. The following conditions shall also apply:
A.
Single-family semidetached developments shall comply with the minimum
and maximum dimensional requirements specified below. All minimum
and maximum dimensional requirements shall be imposed on each individual
dwelling unit.
[Amended 3-21-2016 by Ord. No. 2016-01]
|
Minimum Regulations
|
Public Sewage and Water Facilities
| |
|---|---|---|
|
Lot area*
|
12,000 square feet
| |
|
Lot width*
|
80 feet
| |
|
Building setback*
|
40 feet
| |
|
Rear yard*
|
20 feet
| |
|
Side yard*
|
20 feet
|
|
Maximum Regulations
|
Public Sewage and Water Facilities
| |
|---|---|---|
|
Building height*
|
35 feet
| |
|
Building coverage*
|
40%
|
|
Notes:
| ||
|---|---|---|
|
*
|
Per dwelling unit.
| |
B.
In addition to these standards and specifications, all proposed developments
containing single-family semidetached dwellings shall be designed
and constructed in accordance with all pertinent Township ordinances.
Two-family detached developments are permitted by-right in the
Suburban Residential (SR) and Village Commercial (VC) Zoning Districts.
The following conditions shall apply:
A.
Two-family detached developments shall comply with the minimum and
maximum dimensional requirements specified below:
[Amended 3-21-2016 by Ord. No. 2016-01]
|
Minimum Requirements
|
Public Sewage and Water Facilities
| ||
|---|---|---|---|
|
Lot area
|
24,500 square feet
| ||
|
Lot width
|
100 feet
| ||
|
Building setback
|
40 feet
| ||
|
Rear yard
|
30 feet
| ||
|
Side yard
| |||
|
Total
|
40 feet
| ||
|
Each side
|
20 feet
| ||
|
Maximum Regulations
|
Public Sewage and Water Facilities
| |
|---|---|---|
|
Building height
|
35 feet
| |
|
Building coverage
|
30%
|
Bed-and-breakfast is a permitted conditional use in the Agricultural
(A), Conservation (C), Suburban Residential (SR), Village Commercial
(VC) and Highway Commercial (HC) Zoning Districts. Among the documentation
to be provided to secure the conditional use are the following:
A.
A bed-and-breakfast shall be permitted only in a single-family detached
dwelling, provided, however, a bed-and-breakfast may also be permitted
as an adaptive reuse of a structure of 50 years or older with redeeming
architectural features with related facilities as set forth in § 200-121T.
B.
Bed-and-breakfast shall be owner-occupied and on a single lot of
record.
C.
A bed-and-breakfast shall not have more than five rental units and
shall not house more than 10 guests. A diagram of the premises indicating
the room or rooms to be utilized for guest occupancy shall be submitted
with the application for conditional use.
D.
No cooking facilities of any kind shall be permitted in any rental
unit.
E.
The minimum lot area for a bed-and-breakfast with up to three guest
rooms shall be 60,000 square feet. Whenever there are four or five
guest rooms, the minimum lot area shall be 80,000 square feet and
100,000 square feet respectively.
F.
Every bed-and-breakfast shall provide bathroom facilities in accordance
with the following minimum requirements:
|
Total Number of Guest Rooms
|
Total Guest Bathroom Facilities
| |
|---|---|---|
|
One to two
|
One
| |
|
Three
|
Two
| |
|
Four to five
|
Three
|
|
Said bathroom facilities shall be located on each floor where
guest quarters are provided. The living quarters for the residents
shall have separate bathroom facilities. Bathrooms shall be equipped
with a toilet, wash basin, bath and/or shower.
|
G.
A minimum of one off-street parking space shall be required for each
occupant and guest of the bed-and-breakfast and one space for each
full-time equivalent nonresident employee shall be provided on the
premises, in addition to other required off-street parking spaces.
H.
There shall be no more than an equivalent of two full-time nonresident
employees, in addition to the resident family members.
I.
The applicant shall provide documentation to the Board of Supervisors
that all plumbing, heating, electrical, sanitary sewer, storm sewer
and similar facilities comply with all applicable ordinances, regulations
and laws of Union Township and/or the Commonwealth of Pennsylvania.
J.
The application for conditional use shall be accompanied by certification
from the Union Township SEO that the existing sewage system can accommodate
the maximum usage proposed by the bed-and-breakfast. If the proposed
use is to be served by a public sewer, the applicant shall submit
documentation from the UTMA that the proposed use will be served.
K.
If the bed-and-breakfast is not connected to a public water supply
system, a certificate issued by a licensed testing laboratory, which
certifies that the drinking water serving the residence is potable,
shall be submitted at the conditional use heating.
L.
The Zoning Officer may inspect the facility at any time with notice,
including any on-lot sewage disposal and any on-lot water systems,
and determine whether it is in compliance with the provisions of this
chapter and any conditions of the conditional use decision or occupancy
permit. The occupancy permit may be revoked if the property is not
in compliance.
M.
The bed-and-breakfast shall require an occupancy permit issued by
the Zoning Officer prior to the opening of the bed-and-breakfast for
the accommodation of guests. Any request for the issuance of an occupancy
permit shall be accompanied by a copy of the decision of the Board
of Supervisors, approving a conditional use for the property upon
which the bed-and-breakfast will be maintained and operated. The owner/operator
shall provide evidence of current ownership of the property at the
conditional use hearing and upon application for the occupancy permit.
A bed-and-breakfast shall not be operated at any time without a valid
occupancy permit.
N.
No occupancy permit shall be issued unless the applicant has demonstrated
compliance with the terms and conditions set forth by the Board of
Supervisors in its conditional use decision.
O.
A bed-and-breakfast shall be operated in compliance with the terms
and conditions set forth in the conditional use decision.
P.
A bed-and-breakfast shall be limited to one sign which shall not
exceed three square feet in area. The design of the sign shall utilize
natural materials only and shall be submitted with the application
for the conditional use. Temporary signs are prohibited.
Q.
The bed-and-breakfast shall comply with all fire safety requirements.
R.
An occupancy permit issued for a bed-and-breakfast shall be valid
for five years from the date of issuance. The permit shall be renewed
every five years. The application procedure and fee shall be the same
as applicable to Township occupancy permits in general. The initial
and renewal permit shall not be issued until the facility has been
inspected by the Zoning Officer to insure compliance with all applicable
ordinances and regulations, the conditional use decision and, if a
renewal application, the original occupancy permit.
S.
An occupancy permit for the operation and maintenance of a bed-and-breakfast
shall be issued only to an individual or individuals who own the property
for which the permit is sought.
A.
An accessory apartment for relatives, as defined under Article 2
of this chapter, shall be permitted as an accessory use within the
A, VC, C, and SR Zoning Districts.
B.
An in-law quarters attached shall comply with the following general
design requirements:
(1)
The in-law quarters dwelling on an approved lot, which complies
with the minimum and maximum dimensional requirements as well as the
utility provisions, which are further specified by the appropriate
zoning district to which the in-law quarters attached is located.
(2)
An in-law quarters attached shall be considered as an accessory
use to the single-family dwelling, which shall only be utilized by
the relatives of the occupants of the single-family dwelling.
(3)
The in-law quarters attached shall be occupied by a maximum
of two people.
(4)
The in-law quarters attached may not have a gross floor area
in excess of 1,000 square feet of living space, which may include
a living room, kitchen, bedroom and bathroom.
(5)
All utility provisions, including sewage disposal and water
supply that serve the in-law quarters attached shall be physically
connected to those systems serving the principal dwelling.
(6)
The applicant shall provide evidence to the Board of Supervisors
that the property is serviced by public sewer and water or that the
existing on-lot sewage disposal system and well have sufficient capacities
to accommodate the principal building plus the in-law quarters. Where
appropriate, the Union Township Sewage Enforcement Officer, Zoning
Officer and/or Code Enforcement Officer shall review the existing
and proposed utility connection.
(7)
The residential uses shall be serviced by public sewer or on-lot
sanitary sewer facilities, which shall be planned in accordance with
the most recent update to the Union Township Sewage Facilities Plan,
as adopted to comply with Pennsylvania Sewage Facilities Act (PA Act
537, as amended).
(8)
The residential uses shall be serviced by public sewer or water,
or private on lot well supply facilities, which shall be consistent
with any plans and ordinances adopted by Union Township. All water
supply facilities shall be designed with sufficient capacities, which
shall be subject to the review and approval of Union Township, the
Union Township Municipal Authority and the Pennsylvania Department
of Environmental Protection.
(9)
In addition to the number of off-street parking spaces required
to accommodate the principal use, a minimum of one off-street parking
space shall be required for the in-law quarters attached, which shall
be designed with unrestricted access to the public street.
(10)
The entrance and living area associated with the in-law quarters
attached may either be designed with common areas to the principal
use or physically separated from the principal use.
C.
Upon construction of the in-law quarters attached, the Zoning Officer
shall issue a zoning permit, which shall be reviewed every five years
to determine compliance with the decision of the Board of Supervisors.
D.
Upon the abandonment of the in-law quarters attached as an accessory
or independent use, the area occupied by the in-law quarter attached
must be converted back to common living space with the principal use.
Any physical separation or barriers must be removed as part of the
conversion. A plan for the eventual conversion shall be provided to
the Board of Supervisors as part of the conditional use application.
A.
An in-law quarters detached, as defined under Article 2 of this chapter,
shall be permitted as an accessory use within the A, VC, C, and SR
Zoning Districts.
B.
An in-law quarters detached shall comply with the following general
design requirements:
(1)
The in-law quarters detached shall be located on an approved
lot, a minimum of two times the minimum lot size of that district
and which complies with the utility provisions, which are further
specified by the appropriate zoning district to which the in-law quarters
detached is located.
(2)
An in-law quarters detached shall be considered as an accessory
use that is placed on a property for temporary occupancy by a relative
or guest of the occupants of the principal dwelling. Unless otherwise
subdivided in accordance with the provisions of Union Township, the
principal use shall remain that of a single-family detached residential
dwelling unit and the in-law quarters detached shall be an accessory
use.
(3)
The in-law quarters detached shall be occupied by a maximum
of four people who are relatives.
(4)
The in-law quarters detached may not have a gross floor area
in excess of 1,000 square feet of living space.
(5)
The applicant shall provide evidence to the Board of Supervisors
that the property is serviced by public sewer and water or that the
use of the existing sanitary sewage and water supply systems will
have sufficient capacities to accommodate the principal building plus
the in-law quarters detached.
(6)
Both residential uses shall be serviced by public sewer or private
on-lot sanitary sewer facilities, which shall be planned in accordance
with the most recent update to the Union Township Sewage Facilities
Plan, as adopted to comply with Pennsylvania Sewage Facilities Act
(PA Act 537, as amended) as well as any ordinances adopted by Union
Township. All sewage disposal facilities shall be designed with sufficient
capacities, which shall be subject to the review and approval of Union
Township, the Union Township Municipal Authority and the Pennsylvania
Department of Environmental Protection.
(7)
Both residential uses shall be serviced by public or private
on-lot water supply facilities, which shall be consistent with any
plans and ordinances adopted by Union Township. All water supply facilities
shall be designed with sufficient capacities, which shall be subject
to the review and approval of Union Township, the Union Township Municipal
Authority and the Pennsylvania Department of Environmental Protection.
(8)
All other utility provisions serving the residential uses shall
be planned and installed in accordance with the specifications of
the public utility provider supplying service.
(9)
The Union Township Sewage Enforcement Officer, Zoning Officer
and/or Code Enforcement Officer shall review the existing and proposed
utility connection.
(10)
In addition to the number of off-street parking spaces required
to accommodate the principal use, a minimum of one off-street parking
space shall be required for the in-law quarters detached, which shall
be designed with unrestricted access to the public street.
(11)
The in-law quarters detached shall be installed and located
only in the side or rear yards of the principal use, and shall conform
to all side and rear yard setback requirements for principal uses,
as required for the A, C and SR Zoning Districts.
C.
Upon construction of the in-law quarters detached, the Zoning Officer
shall issue a zoning permit, which shall be reviewed every five years
to determine compliance with the decision of the Board of Supervisors.
The adaptive reuse of an existing historic building shall be
permitted in all zoning districts and overlay districts when on lots
a minimum of two times the minimum lot size of that district and in
accordance with the standards set forth below:
A.
General criteria.
(1)
The adaptive reuse of an existing historic building shall comply
with the use requirements of the applicable zoning district. Area
and bulk requirements may be modified through the conditional use
process. The Board of Supervisors, In reviewing a conditional use
application for relief from the area and bulk requirements, shall,
in conjunction with the requirements under the appropriate section
give favorable consideration where the applicant has demonstrated
sensitive restoration, including preservation of facades, rehabilitation
using material and design authentic and appropriate to the architecture,
and preservation of the building mass as it appears from all public
rights-of-way.
(2)
Every effort shall be made to maintain or restore the building
to its original architectural style and bulk. Additions shall complement
the existing architectural style and bulk of the building and require
approval of the Board of Supervisors upon recommendation by the Planning
Commission.
(3)
Additional entrances, when required, shall be placed on the
side or rear of the building to avoid disruption of the facade.
(4)
Removal or alteration of distinctive stylistic and architectural
features of the building which contribute to the character of the
surrounding neighborhood or the historic value of the building shall
not be permitted without approval of the Board of Supervisors upon
recommendation by the Planning Commission.
(5)
Deteriorated architectural features that contribute to the character
of the neighborhood or historical value of the building shall be repaired
rather than replaced. In the event that the applicant can demonstrate
that the replacement is necessary, the new material shall match the
material being replaced in composition, color, design, texture, and
other visual qualities.
(6)
The adaptive reuse shall require an occupancy permit issued
by the Zoning Officer prior to commencement of the use. Any request
for the issuance of a permit shall be accompanied by a copy of the
decision of the Board of Supervisors approving a conditional use for
the adaptive reuse on the property upon which the use will be maintained
and operated. The owner/operator shall provide evidence of current
ownership of the property at the conditional use hearing and upon
application for the occupancy permit. The adaptive use shall not be
operated at any time without a valid occupancy permit.
(7)
All uses shall be operated in compliance with the terms and
conditions of the conditional use decision.
(8)
No occupancy permit shall be issued unless the applicant has
demonstrated compliance with the terms and conditions set forth by
the Board of Supervisors in its conditional use decision.
(9)
If the use is not connected to a public water supply system,
a certificate issued by a licensed testing laboratory, which certifies
that the drinking water serving the residence is potable, shall be
submitted at the conditional use hearing.
(10)
The application for conditional use shall be accompanied by
certification from the Union Township SEO that the existing sewage
system can accommodate the maximum usage proposed by the adaptive
reuse. If the proposed use is to be served by a public sewer, the
applicant shall submit documentation from the UTMA that the proposed
use will be served.
(11)
The Zoning Officer may inspect the facility at any time with
notice, including any on-lot sewage disposal and any on-lot water
systems, and determine whether it is in compliance with the provisions
of this chapter, all other applicable ordinances and regulations,
and any conditions of the conditional use decision or occupancy permit.
The occupancy permit may be revoked if the property is not in compliance.
(12)
The building housing the adaptive reuse shall not be structurally
or physically altered (except for regular maintenance and repairs)
except as approved by conditional use. The exterior of the building
shall maintain the architectural appearance which existing prior to
the adaptive reuse.
(13)
The use shall comply with all fire safety requirements.
[Added 9-16-2019 by Ord. No. 2019-2]
A.
Residential supportive services housing shall include the defined
uses of group homes, shelter housing, and rehabilitation housing.
The following regulations shall apply generally to all categories
of residential supportive services housing, with group homes being
permitted by conditional use in the A, C, SR, and VC Zoning Districts,
and shelter housing and rehabilitation housing being permitted by
conditional use in the HC Zoning District. The continuance of the
supportive housing uses by owners and operators is conditioned on
maintaining compliance with the provisions of this Code section.
(1)
Supportive housing shall not be permitted to be located within
a single-family semi- detached or two-family detached dwelling.
(2)
Should the proposed supportive housing activity be one that
requires licensing from a county, commonwealth or federal agency,
the applicant shall be required to secure and maintain said licensing,
and submit to all required inspections associated with that licensing.
(3)
Where specific licensing from a county, commonwealth or federal
agency is not required for the proposed supportive housing activity,
the applicant shall provide documentation to Union Township that all
building, fire, plumbing, heating, electrical and similar facilities
meet, or will be upgraded to meet the standards established by Union
Township and the Commonwealth of Pennsylvania. The maximum number
of residents indicated at the time of application, not including employees,
shall not exceed the minimum space requirements contained in the Uniform
Construction Code, as adopted and amended by the Township.
(4)
No supportive housing shall be located within 1,000 linear feet
of another supportive housing residence or facility.
(5)
Off-street parking shall be provided at a rate of one off-street
parking space per anticipated maximum number of employees that could
be present at any given time, plus one space for each two individuals
within the supportive housing. Garage space shall not be used in calculating
off-street parking compliance.
(6)
The premises at which the supportive housing is located shall
be owned or leased by the licensed social services agency or otherwise
approved individual or legal entity sponsoring the supportive housing.
(7)
If the supportive housing is served by an on-lot sewage system,
the applicant shall be required to have the existing system inspected
by the Township Sewage Enforcement Officer in order to determine adequacy
for the increased sewage flow resulting from the proposed use. Certification
of the adequacy of an existing or upgraded on-lot sewage system shall
be required from the Township Sewage Enforcement Officer.
(8)
Should the supportive housing use be serviced by public sewer,
review and approval shall be required from the Union Township Municipal
Authority with respect to the need for any additional EDU purchase.
(9)
Should the supportive housing be served by an on-lot water supply
well, the applicant shall be required to provide documentation of
testing of the water quality by a state certified laboratory to assure
an adequate potable water supply.
(10)
Should the supportive housing be served by a public or community
water supply system, review and approval shall be required from the
Union Township Municipal Authority with respect to any additional
water usage.
(11)
There shall be no more than one kitchen or cooking facility
(with exception of facilities existing as of the date of the ordinance
that contain more than one kitchen or cooking facility). Meals shall
be served to employees, residents and visitors only. No separate cooking
facilities are permitted for any occupant.
(12)
Live-in adult supervision is mandatory on a twenty-four-hour
basis. Supervision shall generally provide for the well-being of the
residents and protect the public health, safety and welfare of the
surrounding community. The supportive housing supervisors shall specifically
assure that all applicable licensing requirements are met.
(13)
An emergency management plan must be developed by the owner
and operator of the supportive housing in the event of a catastrophic
event resulting from flooding, fire, snow, ice, earthquake, utility
outage, act of violence or other life endangering act or event. The
emergency management plan should be submitted to the Township Emergency
Management Coordinator for review and consideration prior to the issuance
of the use and occupancy permit. The owner and operator of the supportive
housing shall, as appropriate, also provide a copy of the emergency
management plan to the residents and supervisory staff of the supportive
housing.
(14)
As part of the submission of a conditional use application:
(a)
A site plan shall be accurately prepared to an appropriate scale.
The plan shall show the location and the dimensions of the property,
the existing or proposed residence or facility, off-street parking
area, sewer and water facilities, private entrances, walkways, fencing
and landscaping. The site plan should also show appropriate building
setback lines as required for the particular zoning district. Any
exterior modifications proposed by the applicant should be clearly
shown and noted on the site plan.
(b)
Architectural plans for the supportive housing shall be accurately
prepared at a legible scale. The plans shall show the dimensions,
intended use and square footage of each room and storage area within
the supportive housing facility. Any interior modifications proposed
by the applicant should be clearly shown and noted on the architectural
plan. All security and alarm systems shall also be shown and noted.
B.
In addition to the regulations set forth above in Subsection A, applicable to all supportive housing uses, the following additional regulations shall also apply to group homes:
(1)
All group homes shall be located within a single-family detached
dwelling on an approved lot which complies with the minimum and maximum
dimensional requirements as well as the utility provisions which are
appropriate to the specific zoning district to which the single-family
dwelling/group home is located.
(2)
The residential exterior appearance of the dwelling and premises
shall be maintained. No external alterations, additions, or changes
to the exterior of the dwelling are permitted except those required
by state and federal law. Any exterior structural alterations required
to meet commonwealth and/or federal law (ex: construction of an exterior
wheelchair ramp to provide building access for persons with disabilities),
which would cause a nonconformance with building setbacks or lot coverages
and require zoning relief, should be shown and noted on the required
site plan.
(3)
When the group home is abandoned, the dwelling shall be restored
to its original single-family detached dwelling status.
C.
In addition to the regulations set forth above in Subsection A applicable to all supportive housing uses, the following additional regulations shall also apply to shelter housing and rehabilitation housing:
(1)
The applicant shall indicate the nature of the client population
to be served and the type of treatment/care to be provided, and whether
or not any of the counseling or other services would require the staff
to have present at the sessions anyone other than the residents themselves.
(2)
Sheltered housing and rehabilitation housing are intended to
serve as a temporary residence for the clients, and the normal stay
should typically not exceed three months. The maximum length of occupancy
by any client shall not exceed six months.
(3)
No overnight guests shall be permitted.
(4)
In addition to the emergency management plan to be on record
with the Township, the operating licensed social services agency or
otherwise approved individual or legal entity sponsoring the supportive
housing shall, as part of the conditional use application and continuing
thereafter, create, place on record with the Township, and maintain
compliance with a detailed security plan indicating:
(a)
All security equipment and structural features in place to prevent
the access of unauthorized persons, prevent the delivery or use of
illegal substances, and to limit any disruptive event within the facility.
(b)
The private security personnel or security-trained and certified
staff that would be onsite and capable of providing an immediate response
to any inappropriate occurrence or potential act of violence, during
the response time needed for the Pennsylvania State Police to arrive
on the scene.
(c)
The staff protocols to be followed to address any possible threat
to the health, safety and welfare of the residents of the supportive
housing facility, and of the persons living and working in the general
vicinity.
(5)
No rehabilitation housing or shelter housing shall be located
within 1,000 linear feet of a school, family day-care, or child care
facility.
Junk/salvage yards are permitted as a conditional use in the Heavy Industrial (HI) Districts and Quarry/Landfill Districts. The requirements for junk/salvage yards shall be as set forth in Chapter 119, Junkyards/Salvage Yards, of the Code of Union Township.
[Amended 3-21-2016 by Ord. No. 2016-01]
Solid waste disposal facilities, including solid waste landfills, solid waste transfer stations, solid waste-to-energy/resource derived fuel facilities, recycling facilities, resource recovery facilities and low-level radioactive waste facilities are permitted as a conditional use within the Heavy Industrial (HI) and Quarry/Landfill (Q/L) Districts. If the conditional use is approved by the Board of Supervisors, the applicant shall be subject to all conditions, standards, and controls as set forth in Chapter 163, Solid Waste Disposal Facilities, Code of Union Township. Additionally, community recycling collection centers are permitted as a by right accessory use to a public or private school, a place of worship, or a municipally-owned use subject to conditions as set forth in Chapter 163, Solid Waste Disposal Facilities, Code of Union Township.
Adult business uses are permitted as a conditional use in the
Heavy Industrial District (HI) Zoning District. If a conditional use
is granted by the Board of Supervisors, the applicant is subject to
all of the conditions and standards specified below:
A.
No adult business use shall be located within 1,000 feet of any other
existing adult business use, as measured from the property lines on
which the adult business use is proposed to be located.
B.
No adult business use shall be located within 200 feet (measured
from the property line) of any residential zoning district.
C.
No adult business use shall be located within 500 feet (measured
from the property line) of any churches, monasteries, chapels, convents,
rectories, public playgrounds, public parks, public swimming pools,
or public libraries.
D.
No adult business use shall be located within 2,000 feet (measured
from the property line) of any schools up to and including the twelfth
grade, or equivalent, and their adjacent recreation areas.
E.
All storage and displays shall be located within the building.
F.
All business transactions that are conducted on the premises shall
be within an enclosed building. All adult business uses shall operate
between the hours, of 9:00 a.m. and 9:00 p.m.
G.
All applications for adult business uses shall be accompanied by
a site plan. The minimum information required on the site plan shall
include:
H.
Applications for adult business uses shall include a statement providing
specific information on each individual, partner, store manager(s),
corporate officer, corporate director, or corporate stockholders owning
more than 3% of the issued and outstanding stock of a corporate applicant,
comprising the applicant, to include the following:
I.
In the event of the proposed sale, resale or reassignment of interest of an adult business use established under the terms of this chapter, the Board of Township Supervisors shall be notified of such proposed change of ownership. Such notification shall include the documentation required in § 200-124H of this section. Failure to notify the Board shall constitute grounds for the termination or revocation of the conditional use permit.
J.
In addition to other applicable regulations of Union Township and
state laws, the following shall apply to all adult business use signs
and other visible messages:
(1)
Sign messages shall be limited to written descriptions of material
or services available on the premises.
(2)
Sign messages shall not include any graphic or pictorial depiction
of material related to specific sexual activities or anatomical areas.
(3)
Advertisements, displays or other promotional materials related
to specific sexual activities or anatomical areas shall not be shown
or exhibited so as to be visible to the public from the exterior of
the building.
(4)
Adult business signs shall be limited to eight square feet in
sign area, with lettering on said signs not exceeding four inches
in height.
(5)
The entrance of the adult business should include a sign warning
all individuals that the premises is classified as an adult business.
Multiple commercial uses are permitted by conditional use in
the Highway Commercial (HC) Zoning District and shall be subject to
all conditions and standards specified below:
A.
Permitted uses shall include retail business establishments; personal
business establishments; business, professional or banking offices;
restaurants, cafes or similar use; and accessory uses, associated
with multiple commercial uses.
B.
Multiple commercial uses shall consist of harmonious land uses, structures
and buildings.
C.
Multiple commercial uses shall be in single ownership or under a
guaranteed unified management control.
D.
All means of ingress and/or egress shall be located at least 200
feet from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or the Township. The developer will also be responsible
for any pertinent traffic studies that may be required by the Township,
county and/or Pennsylvania Department of Transportation.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways and parking areas shall be in compliance with Chapter 124 of the Code of Union Township.
G.
All principal buildings and structures for the multiple commercial
use shall be located a minimum of 100 feet from any property line
and a minimum of 100 feet from any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 50 feet. The buffer yard shall be consistent with standards specified under § 200-101A, Buffer yards, of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight and verminproof and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 50 feet of any lot line.
Research parks are permitted by conditional use in the Highway
Commercial (HC) Zoning Districts. All proposed professional office/research
parks shall be subject to all pertinent conditions and standards specified
below:
A.
Research parks shall consist of harmonious land uses, structures
and services.
B.
Permitted uses shall include laboratory and research facilities;
and accessory uses associated with research parks.
C.
Retail business and service establishments are permitted, provided
they are designed and intended primarily to serve the employees within
the research park. These uses shall not exceed 5% of the gross floor
area of the research park.
D.
All means of ingress and/or egress shall be located at least 200
feet from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or Township. The developer will also be responsible for
any pertinent traffic studies that may be required by the Township,
county and/or PennDOT.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways and parking areas shall be in accordance with Chapter 124 of the Code of Union Township.
G.
All principal buildings and structures for the research park shall
be located a minimum of 100 feet from any property line and a minimum
of 100 feet from any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 50 feet. The buffer yard shall be consistent with standards specified under § 200-101A, Buffer yards, of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight and verminproof and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 50 feet from any lot
line.
Industrial parks are permitted by conditional use in Heavy Industrial
(HI) and Quarry/Landfill Zoning Districts and shall be subject to
all conditions and standards specified below:
A.
Industrial parks shall consist of harmonious land uses, structures
and services.
B.
Permitted uses shall include manufacturing activities; printing and
publishing facilities; warehouse facilities; wholesale and distribution
facilities; business, professional or governmental offices; laboratory
and research facilities; and accessory uses associated with industrial
parks.
C.
Retail business and service establishments are permitted, provided
they are designed and intended primarily to serve the employees within
the industrial park. These uses shall not exceed 5% of the gross floor
area of the industrial park.
D.
All means of ingress and/or egress shall be located at least 200
feet from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration and/or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or Township. The developer will also be responsible for
any pertinent traffic studies that may be required by the Township,
county and/or PennDOT.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways and parking areas shall be in accordance with Chapter 124 of the Code of Union Township.
G.
All principal buildings and structures for the industrial park shall
be located a minimum of 100 feet from any property line and a minimum
of 100 feet from any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 50 feet. The buffer yard shall be consistent with standards specified under § 200-101A, Buffer yards, of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight and verminproof and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 50 feet from any lot
line.
Quarrying and mining operations are permitted by right in the
Quarry/Landfill Zoning District. In addition, quarry and mining uses
are subject to all conditions and standards specified below:
A.
The minimum lot size shall be 10 acres.
B.
Stone removal, sale of stone products or the manufacturing of concrete
or asphalt shall not be conducted within 25 feet of any property line,
within 25 feet of any street right-of-way, within 25 feet of any residential
zoning district, and/or within 400 feet of any preexisting occupied
residential dwelling unit, unless the quarry can provide the Township
with written waivers from property owners permitting the quarry to
conduct quarrying and/or mining activities within less than 400 feet
of any preexisting occupied residential dwelling.
C.
Except for gated access for fire, police, or maintenance (of utilities
fencing, trees and berms only), there shall be no entrance or exit
to a state or Township road for quarry or related activities permitted
within the Township of Union. In order to protect against indiscriminate
and unauthorized activities, the site prior to use as a noncoal surface
mine shall be protected by locked barricades, fences, gates or other
positive means designed to deny access to the area at unauthorized
times or locations. Such barricade, fence, or gate shall be at least
six feet high and shall be kept in good repair.
D.
No site activity shall be permitted on Sundays or legal holidays.
All operations shall be permitted only between the hours of 5:30 a.m.
and 10:00 p.m. Monday through Friday; and 5:30 a.m. to 12:00 noon
on Saturdays. No vehicles shall be staged or parked at the entrance
and/or access road of the site prior to 5:00 a.m.
E.
Truck access shall be designed to minimize traffic hazards and inconveniences.
All interior roads shall be maintained and constructed by the operator.
Trucks leaving the site shall not deposit accumulating amounts of
mining products, dirt, mud or other such substances on public roads.
F.
Measures shall be provided to control dust and debris as provided
by DEP regulations. The entire area shall be kept clean and orderly
as provided by DEP regulations.
G.
A chain-link fence with a height of six feet shall be erected along
all property lines of the mine operator. The fence shall contain,
at all entrances, gates which are locked except during operating hours.
Warning signs shall be placed on the fence at intervals of no more
than 100 feet. Evergreens shall be planted as a vegetative screen
on the outer slope of any berm erected by the quarry. The selected
evergreens shall have a minimum height of six feet and shall be staggered
on ten-foot centers.
H.
Blasting shall be permitted between the hours of 10:00 a.m. and 4:00
p.m. Monday through Friday. Prior notice of all blasting operations
shall be given to the Township and within two hours but not later
than 30 minutes to the occupants of all properties within a radius
of 1,500 feet of the location of blasting who have previously requested
such notice in writing.
I.
No substances which can harm persons, animals, vegetation, or other
form of property shall be dispersed beyond the property lines of the
quarrying or mining operation.
J.
All requirements of federal, state and municipal statutes, ordinances
and regulations pertaining to the operation of quarrying and mining
operations shall be complied with. A copy of all submissions, permits
and licenses to or from DEP and BSM shall be filed with the Township.
K.
Groundwater monitoring wells. The landowner shall install groundwater
monitoring wells at a distance of approximately every 1,200 feet along
the perimeter of the area to be quarried, except that where the limits
of the area to be quarried coincide with the boundary of another municipality
said wells shall be located as proximate to the zoning district boundary
as reasonably possible. The landowner shall sample said monitoring
wells at least once each quarter, having prior to that time given
to the appropriate Township a minimum of 48 hours' notice of the time
of sampling in order to permit a designated official of the Township
to be present at the time of said sampling. Results of said sampling
shall be supplied to the Township promptly upon receipt and, upon
request, to Robeson Township. Should the landowner affect by surface
mining activities a public or private water supply by contamination
or interruption, the landowner shall restore or replace the affected
water supply with an alternate source of water, adequate in quantity
and quality for the purpose served by the supply and shall file with
DEP proof of insurance or bond, sufficient under DEP rules and regulations,
to affect such restoration or replacement. The term "water supply"
shall include any existing or currently planned source of water or
facility or system for the supply of water for human consumption or
for agricultural, industrial or other uses. Said wells shall be placed,
utilizing the landowner's forces, within one year after commencement
of mining activities upon the Union site. Precise location of said
wells shall be established following consultation with the Township's
Engineer.
A.
Definition; characteristics. The U.S. Army Corps of Engineers, in
conjunction with the United States Environmental Protection Agency,
has defined the term "wetlands" as those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs
and similar areas. The three major characteristics of wetlands include
vegetation, soil and hydrology.
B.
All land designated as wetlands within Union Township are regulated
by state and federal agencies and are subject to their regulations,
controls and restrictions.
C.
For all subdivision and land development applications, the Township
Engineer shall determine whether a wetlands delineation will be required
by a qualified professional. Delineated wetlands shall be accompanied
by a technical report and data forms.
D.
Unless a jurisdictional determination has been completed by the Army
Corps of Engineers, a fifty-foot buffer zone shall be applied to all
areas delineated as wetlands. Within this fifty-foot buffer zone,
no earth disturbance and/or land development activity will be permitted.
E.
If the applicant disputes any provisions specified under this section,
the applicant shall be responsible for a jurisdictional determination
conducted by the Army Corps of Engineers. All pertinent costs incurred
as a result of the jurisdictional determination shall be the responsibility
of the applicant and not the Township.
[Amended 5-16-2022 by Ord. No. 2022-02]
A.
Accessory solar energy systems and solar energy facilities.
(1)
General provisions.
(c)
All accessory solar energy systems and all solar energy facilities
shall be located and oriented on the property to provide for the area
of direct solar access needed to efficiently operate the solar panels
and related equipment.
(d)
Should a property owner and/or developer desire to locate solar
panels and related equipment in a location where solar access could
be affected by an adjoining or neighboring property, they shall be
responsible to secure a written solar sky space easement, or solar
easement, for the protection of solar access, from the adjoining or
neighboring property owner. Such easement may be in the form of an
easement, covenant or other property interest in any deed or other
property instrument duly executed and recorded on the records of the
Berks County Recorder of Deeds. The solar easement must be described
either as a three-dimensional space in which obstruction is prohibited
or limited, or shall describe the times of day in which direct sunlight
onto the solar panels and related equipment may not be obstructed,
or as a combination of both. Proceeding with the installation of solar
panels and related equipment without securing and recording solar
sky space easements, or solar easements, is at the sole risk of the
property owner and/or developer constructing the accessory solar energy
system or the solar energy facility.
(e)
All property owners and/or developers proposing an accessory
solar energy system or solar energy facility to be installed are required,
before the issuance of a zoning permit by the Township, to provide
an acknowledgment, in writing, to the Township by which the owner
of the property and/or the developers, on behalf of itself/themselves,
as well as on behalf of its/their successors, heirs and assigns in
title, acknowledge and affirm that the action by the Township in issuing
a zoning permit does not create in the property itself a right to
remain free of shadows and/or obstructions to solar access caused
by the development of adjoining or neighboring properties, or caused
by the growth of any trees or vegetation on such adjoining or neighboring
properties.
(f)
All property owners and/or developers proposing an accessory
solar energy system or solar energy facility shall be responsible
to reimburse the Township for all fees paid to its consultants for
the review of plans, standards, studies, applications, permits, inspections
and other matters related to the proposed development.
B.
Accessory solar energy systems (ASES).
(1)
Criteria applicable to all accessory solar energy systems.
(b)
The ASES layout, design, installation, and ongoing maintenance
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM), Institute
of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), or other
similar certifying organizations, and shall comply with the PA Uniform
Construction Code, and with all other applicable fire and life safety
requirements. Upon completion of installation, the ASES shall be maintained
in good working order in accordance with standards of the codes under
which the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
actions.
(c)
All on-site utility, connection lines, and plumbing shall be
placed underground. Any ASES proposed to be connected to the grid
for net metering shall provide proof from the public utility that
connection has been approved.
(d)
Glare.
[1]
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways. Exterior
surfaces shall have a nonreflective finish.
[2]
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(e)
Decommissioning.
[1]
Each ASES and all solar-related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by the system owner and/or operator, or upon termination of the useful
life of same.
[2]
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
[3]
The ASES owner shall, at the request of the Township, provide
information concerning the amount of energy generated by the ASES
in the last 12 months.
(2)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
The total height of a building with an ASES shall not exceed
by more than three feet above the maximum building height specified
for principal or accessory buildings within the applicable zoning
district.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the PA Uniform Construction Code,
including that the roof or wall is capable of holding the load imposed
on the structure.
(3)
Ground-mounted accessory solar energy systems.
(a)
Setbacks.
[1]
The minimum yard setbacks from side and rear property lines
for ground-mounted ASES shall be equivalent to the setbacks in the
applicable zoning district.
[2]
The minimum front yard setback for ground-mounted ASES shall
be not less than 50 feet, further provided that the ASES cannot be
located any closer to the front lot line than any existing principal
structure.
(b)
Height. Ground-mounted ASES shall not exceed 15 feet in height
above the ground elevation surrounding the systems.
(c)
Lot coverage. The lot area covered by the solar energy system
shall be deemed a hardscape surface for purposes of calculating lot
coverage, and shall be subject to the lot coverage limits set for
the applicable zoning district.
(d)
Stormwater management.
[1]
Stormwater runoff from an ASES shall be managed in accordance with the requirements of the Township Stormwater Management Ordinance, Chapter 165 of the Code of Union Township.
[2]
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area (DIA) and therefore
will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
[a]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
[b]
Where the vegetative cover has a minimum uniform
70% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[i]
For panels located on slopes of 0% to 15% a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
Panels located on slopes greater than 15% cannot
be considered DIA.
[iii]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticides application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[iv]
Agrivoltaics, the co-development of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used provided that:
[A]
Only shade-tolerant crops may be used.
[B]
Crops must be no-tilled in, or a written erosion
and sediment control plan must be developed for agricultural plowing
or tilling activities or a portion of the overall farm conservation
plan must identify BMPs used.
[C]
Any cutting or mowing of the agricultural crop
is limited to a height of no less than four inches.
[D]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
[E]
Use of farm equipment can be accommodated by ASES
design layout, and manure management plans are in place for any livestock.
[3]
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA shall be treated as impervious
area. These areas shall be included in the predevelopment to post-development
runoff analysis as impervious area to determine the need for post-construction
stormwater management (PCSM) best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the ASES,
such as roadways and support buildings, cannot be considered a DIA
and shall follow normal protocols when performing the PCSM stormwater
analysis.
(e)
Buffering.
[1]
In addition to setbacks from the property line, ground-mounted ASES shall be buffered from any residential uses on adjacent or neighboring properties by a buffer yard of a width established by the applicable zoning district. If no width is so established, then the minimum width shall be 20 feet. Site element landscaping screening consistent with § 172-44T of Chapter 172 of the Code of Union Township shall be provided in the buffer yard and shall be permanently maintained. Site element landscaping screening shall include a mix of evergreen trees and deciduous trees planted in a minimum of two rows of staggered plantings, sufficient to screen the ASES from the view of adjacent or neighboring residential uses, with a minimum height of the tree of six feet from grade at the time of planting.
(f)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(g)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the ASES will not impede stormwater management
or in any other manner alter or impede stormwater runoff from collecting
in a constructed stormwater conveyance system.
C.
Solar energy facility (SEF).
(1)
Criteria applicable to all SEFs.
(a)
A land development plan conforming with the requirements of Chapter 172 of the Code of Union Township shall be submitted for all SEFs. In addition, the SEF layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity), as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition, and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.
(b)
The application shall include a construction transportation
plan that shows all roadways that will be utilized to access the site,
which shall be forwarded to the municipality for review. A copy of
the ground lease between the property owner and SEF developer/owner
shall also be provided for review.
(c)
DC voltage solar array connections may be located above ground.
(d)
AC solar facility connections should be located underground
where feasible. AC solar facility connections may be located above
ground where the applicant can demonstrate in the subdivision and
land development process that the overall environmental impacts would
support aboveground location.
(e)
No portion of the SEF shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication
of ownership shall be allowed on any equipment of the SEF provided
they comply with the prevailing sign regulations.
(f)
Noise management.
[1]
A noise management plan that addresses noise produced during
construction and during the facility's operation shall be included
with the SALDO application.
[2]
The plan at a minimum shall separately address noise during
construction and facility operations and include mitigation, an assessment
of the noise that will emulate at the perimeter fence and the contact
information for the individual who is responsible for implementation
and compliance both during construction and operations.
[3]
During operation of the SEF, audible sound shall not exceed
a maximum of 50 dBA during daytime hours and 45 dBA during nighttime
hours as measured at the exterior of any occupied building on a nonparticipating
landowner's property.
(g)
Glare.
[1]
All SEF shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways. Exterior
surfaces shall have a nonreflective finish.
[2]
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(h)
The SEF owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project, and provide this
number and name to the Township, and also make it available to neighboring
property owners. The SEF owner and/or operator shall make reasonable
efforts to respond to the public's inquiries and complaints within
14 days. An emergency contact number shall also be provided to the
Township, the Pennsylvania State Police and the Birdsboro Union Fire
Department, and shall be posted at the main access point to the SEF
as well as at intervals around the perimeter of the SEF to facilitate
an immediate response in case of emergency.
(i)
Decommissioning.
[1]
The SEF owner is required to notify the Township immediately
upon cessation or abandonment of the operation. The SEF shall be presumed
to be discontinued or abandoned if no electricity is generated by
such system for a period of 12 continuous months.
[2]
The SEF owner shall then have 12 months in which to dismantle
and remove in its entirety the SEF, including all surface and subsurface
solar-related equipment or appurtenances related thereto, including
but not limited to buildings, cabling, electrical components, roads,
fencing, foundations, solar facility connections and other associated
facilities in accordance with agreements with the property owners
and good industry practice.
[3]
To the extent possible the materials shall be resold or salvaged.
Materials that cannot be resold or salvaged shall be disposed of at
a facility authorized to dispose of such materials by federal or state
law.
[4]
Any soil exposed during the removal shall be stabilized in accordance
with applicable erosion and sediment control standards.
[5]
Any access drive paved aprons from public roads shall remain
for future use unless directed otherwise by the property owner.
[6]
The SEF site area shall be restored to its preexisting condition,
suitable for its prior use, except the landowner may authorize, in
writing, any buffer landscaping or access roads installed to accommodate
the SEF to remain.
[7]
Any necessary permits, such as erosion and sedimentation and
NPDES permits, shall be obtained prior to decommissioning activities.
[8]
At the time of issuance of SALDO approval for the construction
of the SEF, the SEF developer/owner shall provide financial security,
in the form and amount acceptable to the Township and in favor of
the Township, to secure its obligations under this section.
[a]
The SEF developer/owner shall, at the time of the
SALDO application, provide the Township with an estimate of the cost
of performing the decommissioning activities required herein. Financial
security of 110% of the estimated cost of decommissioning shall be
provided.
[b]
On every fifth anniversary of the date of providing
the decommissioning financial security, the SEF owner shall provide
an updated decommission cost estimate, utilizing the formula set forth
above with adjustments for inflation and cost changes. If the decommissioning
security amount increases, the SEF owner shall remit the increased
financial security to the Township within 30 days of the approval
of the updated decommissioning security estimate by the Township.
[c]
Decommissioning security estimates shall be subject
to review and approval by the Township, and the SEF developer/owner
shall be responsible for administrative, legal, and engineering costs
incurred by the Township for such review.
[d]
The decommissioning security may be in the form
of cash deposit, irrevocable letter of credit, cashier's check,
or escrow account from a federal or commonwealth chartered lending
institutions in the amount of 110% of the total proposed decommission
cost estimate, and in a form satisfactory to the Township.
[e]
Prior to final approval of any SALDO plans for
a SEF, the SEF developer/owner and property owner shall enter into
a decommissioning agreement with the Township outlining the responsibility
of the SEF developer/owner and property owner, and all successors
and assigns, under this agreement as to the decommissioning of the
SEF.
(j)
An emergency response plan shall be included with the SALDO
application, which shall be reviewed and approved by the Township
Emergency Management Officer.
(k)
Permit requirements.
[1]
SEF shall comply with the Township subdivision and land development
requirements through submission of a land development plan.
[2]
The installation of SEF shall be in compliance with all applicable
permit requirements, codes, and regulations, including highway occupancy,
driveway permits and road bonding requirements.
[3]
The SEF owner and/or operator shall repair, maintain and replace
the SEF and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
SEF in good repair and operating condition.
(2)
Ground-mounted solar energy facilities.
(a)
Portion of parcel permitted to be devoted to solar arrays: For
each lot on which a SEF, or a component of a SEF, is proposed, the
following factors must be considered to determine the proportion of
the lot on which solar arrays may be authorized.
[1]
SEF development area is equal to the total acres of land subject
to lease by the SEF developer. Where the area of land subject to the
lease is greater than 75% of the parcel, the entire parcel will be
considered to be SEF development area. Where the entire parcel is
owned in fee by the property owner/developer, the entire parcel will
be considered the SEF development area.
[2]
Constrained area is equal to the sum of the acreage of the following
features that appear within the SEF development area.
[a]
Floodplains, as identified in the Township Floodplain Management Chapter 106 of the Code of Union Township.
[b]
Regulated natural and man-made drainage corridors,
extending 25 feet from the center line of any such drainage feature.
[c]
Wetlands.
[d]
Wetlands buffer extending 25 feet from any wetland.
[e]
Slopes in excess of 15%.
[f]
Wooded areas.
[g]
Road rights-of-way.
[h]
Setback areas, as defined in the underlying zoning
district.
[3]
Agricultural soils are those areas within the SEF development
area that are comprised of Class I and II agricultural soils, as identified
in USDA soils mapping or as determined by an on-site survey.
(b)
Solar array locations.
[1]
Solar arrays may be located only on 50% of the total Class I
and II agricultural soils within the SEF development area, unless
the area will be devoted to agrivoltaic activities, in which case
100% of the Class I and II soils may be included in the SEF development
area.
[2]
For each parcel on which a SEF, or a component of a SEF, is
proposed, a map shall be provided by the applicant detailing the SEF
development area, the constrained area, the Class I and II agricultural
soils, and the portion of the SEF development that may be devoted
to solar arrays.
[3]
Solar arrays shall only be placed within that portion of any
lot that lies within the portion of the SEF development that may be
devoted to solar arrays.
[4]
Solar arrays shall not be located in:
[a]
Floodplains, as identified in the Township Floodplain Management Chapter 106 of the Code of Union Township.
[b]
Regulated natural and man-made drainage corridors,
extending 25 feet from the center line of any such drainage feature.
[c]
Wetlands.
[d]
Wetlands buffer extending 50 feet from any wetland,
unless a jurisdictional determination has been made by the Army Corps
of Engineers.
[e]
Slopes in excess of 15%.
[f]
Wooded areas that would require removal of greater
than 20% of mature trees. For the purpose of this clause, brushes
and shrubs are not considered trees.
[g]
Road rights-of-way.
[h]
Setback areas, as defined in the underlying zoning
district.
(c)
Setbacks.
[1]
The security fence as required by Subsection C(2)(h) below shall be considered a structure for purposes of setbacks. Minimum yard setbacks shall be as defined in the underlying zoning district.
[2]
No lot line setback will be required where there is a grouping
of two or more solar energy facilities which are held by a common
owner or leased to a common lessee and which are part of a single
solar energy production development project, where each landowner
has provided a written waiver of the lot line setback.
[3]
The application shall include with the project submission details
of mitigation measures to be implemented to preserve wildlife corridors
including between solar energy facilities of a solar energy project.
[4]
A minimum of a twenty-five-foot setback shall be maintained
along either side of any regulated stream or regulatory wetland.
(d)
Height.
[1]
All ground-mounted solar panels shall comply with a maximum
fifteen-foot height requirement.
[2]
All other SEF components should comply with the underlying district
maximum height requirement.
[3]
SEF components may be in excess of the maximum height requirement
where the applicant can demonstrate in the subdivision and land development
process the necessity and benefit.
(e)
Stormwater management.
[1]
Stormwater runoff from an SEF shall be managed in accordance with the requirements of the Township Stormwater Management Ordinance, Chapter 165 of the Code of Union Township.
[2]
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area (DIA) and therefore
will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
[a]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
[b]
Where the vegetative cover has a minimum uniform
70% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[i]
For panels located on slopes of 0% to 15% a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticides application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[iii]
Agrivoltaics may be used provided that:
[A]
Only shade-tolerant crops may be used.
[B]
Crops must be no-tilled in, or a written erosion
and sediment control plan must be developed for agricultural plowing
or tilling activities or a portion of the overall farm conservation
plan must identify BMPs used.
[C]
Any grazing, cutting or mowing of the agricultural
crop is limited to a height of no less than four inches.
[D]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
[E]
Farm equipment can be accommodated by SEF design
layout, and for the grazing of livestock an approved manure management
plan must be in place.
[3]
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA shall be treated as impervious
area. These areas shall be included in the predevelopment to post-development
runoff analysis as impervious area to determine the need for post-construction
stormwater management (PCSM) best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the SEF, such
as roadways and support buildings, cannot be considered a DIA and
shall follow normal protocols when performing the PCSM stormwater
analysis.
(f)
Ground-mounted SEF shall be screened and buffered in accordance with the standards set forth for screen plantings/buffer yards in § 172-44O of Chapter 172 of the Code of Union Township, providing that:
[1]
In addition to property line setbacks, ground-mounted SEF shall
be buffered from uses on adjacent or neighboring properties by a buffer
yard of a width established by the applicable zoning district. If
no width is so established, then the minimum width shall be 20 feet.
The security fencing required around the perimeter of the SEF shall
be located on the interior side of the buffer yard. Screen plantings
shall be provided in the buffer yard in the areas where adjacent or
neighboring properties contain residential uses.
[2]
The screen plantings shall be installed along the exterior side of the security fencing required in Subsection C(2)(h) below, around the perimeter of the SEF, except where existing vegetation already screens the view of the SEF from the residential uses; access points or utility easements preclude the planting of vegetation; or the SEF is not visible from any adjacent or neighboring properties containing residential uses.
[3]
The screen plantings shall be made in three rows of staggered
plant material with a mix of evergreen trees (not less than 70%),
deciduous trees, flowering trees, and shrubs. Separation distances
between the plant material shall achieve the density necessary to
fully screen the view of the SEF from the residential uses. Trees
shall be a minimum of six feet in height from grade at the time of
planting.
[4]
Screen plantings shall be permanently maintained and shall be
replaced as necessary to continuously screen, year-round, the SEF
from visibility.
(g)
Ground-mounted SEF shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system.
(h)
Security.
[1]
All ground-mounted SEF shall be completely enclosed by a minimum
six-foot-high fence and a self-locking gate.
[2]
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the SEF, informing individuals of potential voltage hazards.
(i)
Access.
[1]
At a minimum, a fourteen-foot-wide stabilized access road must
be provided from a state or Township roadway to the SEF site that
is maintained in a dust-free condition. The SEF developer shall obtain
a permit from the appropriate jurisdiction for the construction of
the access road.
[2]
Spacing between solar array rows and perimeter fencing shall
allow access for maintenance vehicles and emergency vehicles.
(j)
The ground-mounted SEF shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(3)
Roof- and wall-mounted principal solar energy facility.
(a)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the PA Uniform Construction Code,
including that the roof or wall is capable of holding the load imposed
on the structure.
(b)
The total height of a building with a roof- and wall-mounted
system shall not exceed by more than three feet above the maximum
building height specified for principal or accessory buildings within
the applicable zoning district.
(c)
Roof- and wall-mounted principal solar energy facilities are
permitted where the building upon which they will be mounted has received
all required zoning and construction permits.
D.
Accessory wind energy systems and wind energy facilities.
[Added 10-17-2022 by Ord.
No. 2022-03]
(1)
General provisions.
(c)
All accessory wind energy systems and all wind energy facilities
shall be located and oriented on the property to provide the area
of direct wind access needed to efficiently operate the wind turbines
and related equipment.
(d)
Should an AWES or WEF owner, operator, developer, or property
site landowner desire to locate wind turbines and related equipment
in a location where wind access could be affected by an adjoining
or neighboring property, they shall be responsible to secure a written
easement for the protection of the wind access from the adjoining
or neighboring property owner. Such easement may be in the form of
an easement, covenant or other property interest in any deed or other
property instrument duly executed and recorded on the records of the
Berks County Recorder of Deeds. The wind easement must be described
as a three-dimensional space in which obstruction is prohibited or
limited. Proceeding with the installation of wind turbines and related
equipment without securing and recording wind easements is at the
sole risk of the owner, operator, developer, or property site landowner
owning, operating or constructing the accessory wind energy system
or the wind energy facility.
(e)
Owners, operators, developers, or property site landowners proposing
an accessory wind energy system or wind energy facility to be installed
are required, before the issuance of a zoning permit by the Township,
to provide an acknowledgment, in writing, to the Township by which
the owner, operator, developer, or property site landowner on behalf
of itself/themselves, as well as on behalf of its/their successors,
heirs and assigns in title, acknowledge and affirm that the action
by the Township in issuing a zoning permit does not create in the
property itself a right to remain free of obstructions to wind access
caused by the development of adjoining or neighboring properties,
or caused by the growth of any trees or vegetation on such adjoining
or neighboring properties.
(f)
Owners, operators, developers, or property site landowners shall
reimburse the Township for any costs related to Township reviews by
Township consultants and attorneys of any plans, applications, agreements,
standards, studies, permits, and inspections submitted regarding the
development of accessory wind energy systems or wind energy facilities.
E.
Accessory wind energy systems (AWES).
[Added 10-17-2022 by Ord.
No. 2022-03]
(1)
Criteria applicable to all accessory wind energy systems.
(a)
Accessory wind energy systems (AWES) shall be permitted in all
zoning districts as an accessory use. Applications for such uses shall
be subject to the requirements set forth below, as well as all other
applicable state or federal regulations.
(b)
Notwithstanding any other provision, all AWES must comply with
the Federal Aviation Administration regulations.
(c)
Permit exemptions.
[1]
AWES constructed for the powering of agricultural water pumps
shall not be required to meet the provisions of this section, nor
shall they require a zoning permit.
(d)
The layout, design, and installation of an AWES should conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society of Testing and Materials (ASTM), and other pertinent
certifying organizations, and comply with the PA Uniform Construction
Code and all other codes and specifications, including the manufacturer's
specifications, which shall be submitted as part of the application
process.
[1]
Zoning/building permit applications shall be accompanied by
standards drawings of the wind turbine structure and stamped engineer
drawings of the tower, base, footings and/or foundation.
[2]
Depending on soil conditions as determined by the Zoning Officer,
detailed soil studies with sealed plans may be required.
(e)
The number of AWES permitted on lots with both ground- and building-mounted
AWES.
[1]
A lot may have any number of building-mounted AWES, as determined
by the load the building is capable of supporting. It may also at
the same time have ground-mounted AWES, with the number limited to
those set forth in § 200-130D(2)(d). In all instances, all
other requirements must be satisfied.
(f)
Noise.
[1]
The sound produced by an AWES, once constructed, shall not exceed
45 dBA as measured at the property line at ground level using the
Lmax metric for existing turbines. As to the modeling of the sound
anticipated to be produced by a proposed AWES in the application stage,
the sound produced shall not exceed an average noise level of 45 dBA
using the Leq metric.
(g)
When an accessory building is necessary for storage cells or
related mechanical equipment, the accessory building shall comply
with the accessory building requirements of the underlying zoning
district.
(h)
If the owner of an AWES intends to install a grid-connected
system, the owner shall provide written conformation that the public
utility company to which the AWES will be connected has approved of
such connection. AWES producing energy solely for on-site use shall
be exempt from this requirement.
(i)
All on-site utility, transmission lines, and cables shall be
placed underground.
(j)
The display of advertising is prohibited except for identification
of the manufacturer of the system and standard nameplate data of the
system.
(k)
AWES shall not be lighted except for any lighting required to
comply with Federal Aviation Administration (FAA) or Pennsylvania
Department of Transportation Bureau of Aviation (BOA) regulations.
(l)
AWES shall be painted a nonreflective, flat color such as white,
off-white, or gray unless required to be colored differently from
FAA or BOA regulations.
(m)
AWES shall have an automatic braking, governing or feathering
system to prevent uncontrolled rotation, over-speeding and excessive
pressure on the tower structure, rotor blades and turbine components.
(n)
The AWES will not cause shadow flicker on any adjoining or neighboring
property.
(o)
No part of any AWES shall be located within or above the required
setbacks of any lot, extend over parking areas, access drives, driveways
or sidewalks.
(p)
The owner of the AWES shall provide evidence that the owner's
insurance policy has been endorsed to cover an appropriate level of
damage or injury that might result from the installation and operation
of the AWES.
(q)
The potential ice throw or ice shedding for an AWES shall not
cross the property line of the lot on which the AWES is located nor
impinge on any right-of-way or overhead utility line.
(r)
The owner of the AWES shall ensure that the design and operation
does not cause disruption or loss of radio, telephone, cell, internet
or similar signals.
(s)
Decommissioning.
[1]
Each AWES and related equipment shall be removed within 12 months
of the date when the use has been discontinued or abandoned, by the
owner, or upon termination of the useful life of same, whichever comes
first.
[2]
The AWES shall be presumed to be discontinued or abandoned if
no electricity is generated by such AWES for a period of 12 continuous
months.
(2)
Criteria applicable to all ground-mounted accessory wind energy
systems (AWES).
(a)
Ground-mounted accessory wind energy systems (AWES) may be placed
on lots of any size assuming they meet the height, setback, and number
restrictions found in this section.
(b)
Height and ground clearance for ground-mounted AWES.
(c)
Setbacks for ground-mounted AWES.
[1]
AWES shall be set back from property lines, occupied buildings,
aboveground utility lines, railroads and/or road rights-of-way by
a distance equal to no less than two times the total height.
[2]
AWES shall be allowed closer to a property line than the prescribed
setbacks if the abutting property owner(s) grants written permission
in the form of a signed easement recorded on the records of the Berks
County Recorder of Deeds, and the installation poses no interference
with public utility lines, public roads and rail rights-of-way.
(d)
Number of ground-mounted AWES allowed per lot.
[1]
The number of ground-mounted AWES permitted on a lot shall be
based upon lot size and follow the schedule below.
|
Lot Size
|
Maximum Number of Ground-Mounted AWES Per Lot
|
|---|---|
|
<1 acre to 5 acres
|
1
|
|
5+ acres to 10 acres
|
2
|
|
10+ acres
|
3
|
(3)
Requirements for building-mounted AWES.
(a)
AWES shall not exceed 50 feet in height measured grade of the
building to the top of the blade when it is at its highest point in
rotation.
(b)
For building-mounted AWES, the owner shall provide evidence
that the plan complies with the Uniform Construction Code and all
manufacturer's specifications and installation requirements.
The owner shall demonstrate that the building is capable of holding
the load imposed on the structure by the proposed AWES.
F.
Wind energy facilities (WEF).
[Added 10-17-2022 by Ord.
No. 2022-03]
(1)
Design, permitting and installation.
(a)
Wind energy facilities (WEF) shall be permitted by conditional
use in the Heavy Industrial District and the Quarry/Landfill District.
Applications for such uses shall be subject to the requirements set
forth herein, as well as all other applicable state and federal regulations.
(b)
With respect to any existing WEF, any physical modification
that materially alters the size, type and number of wind turbines
or other equipment shall require conditional use approval, as well
as the issuance of a zoning permit and building permit issued pursuant
to the Pennsylvania Uniform Construction Code. Identical, like-kind
replacements shall not require conditional use approval or permit
modifications.
(c)
The layout, design, and installation of a WEF should conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society of Testing and Materials (ASTM), and other pertinent
certifying organizations, and comply with the PA Uniform Construction
Code and all other codes and specifications, including the manufacturer's
specifications, which shall be submitted as part of the application
process.
[1]
Zoning/building permit applications shall be accompanied by
standard drawings of the wind turbine structure and stamped engineer
drawings of the tower, base, footings and/or foundation.
[2]
Depending on soil conditions as determined by the Zoning Officer,
detailed soil studies with sealed plans may be required.
[3]
The owner, operator, or developer will reimburse the Township
for any costs related to Township reviews by Township consultants
and attorneys of any plans, agreements and studies submitted.
(d)
A land development plan conforming with the requirements of Chapter 172 of the Code of Union Township shall be submitted for all WEF. In addition, the WEF layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the wind power industry for similar facilities in similar geographic areas that are similar in size and complexity), as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition, and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.
(e)
The owner, operator, or developer shall provide sufficient documentation
showing that the WEF will comply with all applicable requirements
of the Federal Aviation Administration (FAA) and the Commonwealth
Bureau of Aviation.
(f)
The WEF shall provide the Township written confirmation that
the public utility company to which the WEF will be connected has
been informed of the intent to install a grid-connected system and
approved of such connection.
(g)
All WEF shall be equipped with a redundant braking system. This
includes both aerodynamic overspend controls (including variable pitch,
tip and other 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.
(h)
Visual appearance.
[1]
All on-site utility, transmission lines, and cables shall be
placed underground.
[2]
WEF shall be painted a nonreflective, flat color such as white,
off-white, or gray unless required to be colored differently from
FAA or BOA regulations.
[3]
WEF shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and
design chosen shall seek to minimize the disturbance to the surrounding
views.
[4]
The display of advertising is prohibited except for identification
of the manufacturer and associated data nameplate.
[5]
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation, and maintenance of the
WEF.
[6]
Accessory buildings, structures, and mechanical equipment.
[a]
Accessory structures and equipment associated with
WEF shall be screened from any adjacent property that is residentially
zoned or used for residential purposes. The screen shall consist of
plant materials which provide a visual screen. In lieu of a planting
screen, a decorative fence meeting requirements of the Zoning Ordinance
may be used.
[b]
The design of accessory buildings and related structures
shall, to the extent reasonable, use materials, colors, textures,
screening and landscaping that will blend the structures into the
natural setting and existing environment.
(i)
Warnings and safety measures.
[1]
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
[2]
All access doors to WEF, including electrical equipment, outbuildings
and all appurtenances thereto, shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized personnel.
[3]
Wind turbines shall not be climbable up to 15 feet above ground
surface or the climbing apparatus shall be fully contained and locked
within the tower structure.
[4]
A minimum of a six-foot-high fence with a locking gate shall
be placed around the WEF. The fence may not be within the required
setback applicable in the zoning district.
[5]
Visible, reflective, colored objects, such as flags, reflectors
or tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground. Guy wires
may not be within the required setback as set by the zoning district.
[6]
The potential ice throw or ice shedding for a WEF shall not
cross the property line of the lot on which the WEF is located nor
impinge on any right-of-way or overhead utility line.
[7]
The WEF owner, developer, or operator shall provide a copy of
the project summary and site plan to local emergency services, and
shall cooperate in the development and implementation of an emergency
response plan for the WEF.
[8]
The WEF owner, developer, or operator shall maintain a phone
number and identify a person responsible for the public to contact
with inquiries and complaints throughout the life of the project,
and provide this number and name to the Township, and also make it
available to neighboring property owners. The WEF owner, developer,
or operator shall make reasonable efforts to respond to the public's
inquiries and complaints within 14 days. An emergency contact number
shall also be provided to the Township, the Pennsylvania State Police
and the Birdsboro Union Fire Department, and shall be posted at the
main access point to the WEF as well as at intervals around the perimeter
of the WEF to facilitate an immediate response in case of emergency.
(2)
Zoning requirements.
(a)
Lot size.
[1]
In order for a tract of land to be eligible for a WEF, it must
have a minimum lot size derived as follows: two acres x number of
wind turbines + 10 acres = minimum lot size.
[2]
Wind turbines shall be separated from each other by a minimum
of one times the total height of the highest wind turbine measured
at the top of the blade when at its highest point in rotation. Separation
shall be measured from the center of the turbine base.
(b)
Setbacks.
[1]
Wind turbines shall be set back from the nearest property line
a distance of not less than two times its total height, measured at
the top of the blade at its highest point in rotation. Setback shall
be measured from the center of the turbine base.
[2]
Wind turbines shall be set back from an occupied building on
an adjacent or neighboring property not less than three times its
total height measured at the top of the blade at its highest point
in rotation. Setback shall be measured from the center of the turbine
base to the nearest point of the building foundation.
[3]
Wind turbines shall be set back from an occupied building on
the WEF not less than one times its total height measured at the top
of the blade at its highest point in rotation. Setback shall be measured
from the center of the turbine base to the nearest point of the building
foundation.
[4]
Wind turbines shall be set back from the nearest public road
right-of-way a distance of not less than two times its total height
measured at the top of the blade at its highest point in rotation.
Setback shall be measured from the ultimate right-of-way line to the
center of the turbine base.
[5]
Except for those power lines associated with transmission of
the electricity generated by the WEF, each wind turbine shall be set
back from aboveground electric power lines, telephone lines and television
cable lines a distance of no less than two times its total height
measured at the top of the blade at its highest point in rotation.
The setback distance shall be measured from the center of the turbine
base to the nearest point of such lines.
[6]
All wind turbines shall be set back from any ridge a distance
of not less than the wind turbine's total height, measured at
the top of the blade at its highest point in rotation. For this provision,
"ridge" shall be defined as the elongated crest or series of crests
at the uppermost point of intersection between opposite slopes of
a mountain or hill.
[7]
Wind turbines shall be set back at least 2,000 feet from important
bird areas as identified by Pennsylvania Audubon, and at least 1,000
feet from identified wetlands.
(c)
Height and ground clearance.
[1]
There shall be no specific height limitation; however, the setback
requirements set herein, and the FAA regulations, will set various
height limitations depending on the specific site conditions and proposed
wind turbine sizes.
[2]
The minimum ground clearance shall be 30 feet, measured from
the ground to the lowest point of the blade at its lowest point of
rotation.
(d)
No WEFs shall be located on a lot of record containing slopes
equal to or exceeding 15%, occurring on 50% or more of the lot of
record. This standard shall apply to each lot where a WEF extends
across multiple lots of record.
(3)
Operational standards.
(a)
Use of public roads.
[1]
The owner, operator, or developer shall identify all Township
public roads to be used to transport equipment and other parts for
construction, operation and maintenance of the WEF and secure a bond
for the roads to cover any road damage caused to the Township roads.
[2]
The amount of the bond shall be set by the governing body of
the Township in consultation with the Township Engineer.
[3]
The Township Engineer shall document road conditions prior to
the start of the construction of the WEF, and shall likewise document
the condition of the roads after completion of the project, with the
costs of the Engineer to be reimbursed to the Township.
(b)
Noise.
[1]
The sound produced by an AWES, once constructed, shall not exceed
45 dBA as measured at the property line at ground level using the
Lmax metric for existing turbines. As to the modeling of the sound
anticipated to be produced by a proposed AWES in the application stage,
the sound produced shall not exceed an average noise level of 45 dBA
using the Leq metric.
(c)
A wind turbine shall not cause vibrations through the ground
which are measurable beyond the property line of the parcel on which
it is located.
(d)
Shadow flicker.
[1]
A WEF shall not cause shadow flicker on any occupied building
on an adjacent or neighboring property.
[2]
A WEF shall be designed in such a manner as to minimize shadow
flicker on a roadway.
[3]
The owner, operator, or developer shall conduct, at their own
expense, a modeling study demonstrating that shadow flicker shall
not occur on any occupied building on an adjacent or neighboring property.
(e)
The owner, operator, or developer shall ensure that the design
and operation of any WEF does not cause any disruption or loss of
radio, telephone, television, cell, internet or similar signals.
(f)
The owner, operator, or developer shall provide a proposed foundation
design and analysis of soil conditions by a professional engineer.
(g)
The owner, operator, or developer shall maintain a current general
liability policy covering bodily injury and property damage with limits
of at least $2,000,000 per occurrence and $5,000,000 in the aggregate.
A certificate of insurance shall be provided to the Township each
year documenting the coverage.
(h)
Decommissioning. To the extent not inconsistent with or preempted
by statute, the following provisions shall apply to decommissioning.
[1]
The owner, operator, or developer is required to notify the
Township immediately upon cessation or abandonment of the operation.
The WEF shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months.
[2]
The owner, operator, or developer shall then have 12 months
in which to dismantle and entirely remove the WEF, including all surface
and subsurface wind-related equipment or appurtenances related thereto,
including but not limited to buildings, cabling, electrical components,
roads, fences, foundations, wind facility connections and other associated
facilities in accordance with agreements with the property site landowner
and good industry practice.
[3]
To the extent possible the materials shall be resold or salvaged.
Materials that cannot be resold or salvaged shall be disposed of at
a facility authorized to dispose of such materials by federal or state
law.
[4]
Any soil exposed during the removal shall be stabilized in accordance
with applicable erosion and sediment control standards.
[5]
Any access drive paved aprons from public roads shall remain
for future use unless directed otherwise by the property site landowner.
[6]
The WEF site area shall be restored to its preexisting condition,
suitable for its prior use, except the property site landowner may
authorize, in writing, any buffer landscaping or access roads installed
to accommodate the WEF to remain.
[7]
Any necessary permits, such as erosion and sedimentation and
NPDES permits, shall be obtained prior to decommissioning activities.
[8]
At the time of issuance of SALDO approval for the construction
of the WEF, the owner, operator, or developer of the WEF shall provide
financial security, in the form and amount acceptable to the Township,
to secure obligations under this section.
[a]
The owner, operator, or developer shall, at the
time of the SALDO application, provide the Township with an estimate
of the cost of performing the decommissioning activities required
herein, and shall provide financial security of 110% of the estimated
cost of decommissioning.
[b]
On every fifth anniversary of the date of providing
the decommissioning financial security, the owner or operator shall
provide an updated decommission cost estimate, utilizing the formula
set forth above with adjustments for inflation and cost changes. If
the decommissioning security amount increases, the owner or operator
shall secure the increased financial security within 30 days of the
approval of the updated decommissioning security estimate by the Township.
[c]
Decommissioning security estimates shall be subject
to review and approval by the Township, and the owner, operator, or
developer shall be responsible for administrative, legal, and engineering
costs incurred by the Township for such review.
[d]
The decommissioning security may be in the form
of cash deposit, irrevocable letter of credit, cashier's check,
or escrow account from a federal or commonwealth chartered lending
institutions in the amount of 110% of the total proposed decommission
cost estimate and in a form satisfactory to the Township.
[e]
Prior to final approval of any SALDO plans for
a WEF, the owner, developer, operator and property site landowner
shall enter into a decommissioning agreement, outlining the responsibility
of the owner, operator, developer and the property site landowner
under this agreement as to the decommissioning of the WEF.
A.
All activities which require the moving of earth or the filling or
excavating of an area shall submit a plan to the Township showing
site grading and soil erosion control measures.
B.
The existing grade of an area shall not be increased so that unstable
slopes are created.
C.
The surface area of any yard adjacent to a building or structure
shall be graded so that the surface water will be drained away from
such structure.
D.
Topsoil shall not be stripped from any site within Union Township
unless it is directly affiliated with the subdivision and/or development
of land. Unless permitted by the Union Township Board of Supervisors,
topsoil shall not be removed from any site within the Township.
E.
The on-site burial of trees, stumps or construction materials is
prohibited. Trees and stumps may be chipped and spread on the site.
The northeast corner of Union Township is within the Airport
Hazard Zone of the Pottstown Municipal Airport. The following requirements
and guidelines shall apply to development within this particular area:
A.
All development shall be consistent with the development standards
and guidelines specified under the Airport Zoning Act (PA Act 164
as amended) and all other laws relating to aviation.
B.
All development shall be consistent with the development standards
and guidelines specified by the Pennsylvania Department of Transportation,
Bureau of Aviation.
C.
The height exceptions specified under § 200-107 of this chapter shall not apply unless approved by the Pennsylvania Department of Transportation, Bureau of Aviation.
D.
The height of all proposed structures shall meet the maximum allowable
height formulas specified in the Pennsylvania Department of Transportation,
Bureau of Aviation.
[Amended 8-19-2013 by Ord. No. 2013-05; 8-15-2016 by Ord. No. 2016-05]
The following regulations shall apply to all communications
antennas and towers erected by any person or entity:
A.
Purpose.
(1)
To accommodate the need for cellular communications antennas
while regulating their location and number in the Township.
(2)
To minimize adverse visual effects of cellular communications
antennas and support structures through proper design, siting and
vegetative screening.
(3)
To avoid potential damage to adjacent properties from antenna
support structure failure and falling ice, through engineering and
proper sighting of antenna support structures.
(4)
To encourage the joint use of existing and any new antenna support
structures to reduce the number of such structures needed in the future.
(5)
At the discretion of the Union Township Board of Supervisors,
municipal uses for the purposes of police protection, fire protection,
ambulance service and road maintenance shall be exempt from these
regulations.
B.
Use regulations.
[Amended 7-19-2021 by Ord. No. 2021-02]
|
WCF Uses Permitted by Zoning District
| ||
|---|---|---|
|
WCF Use Type
|
Permitted By
|
Zoning District(s) Permitted
|
|
Towers on municipal property, § 200-133B(1)(a)
|
By right
|
All districts
|
|
New antenna/existing structure,1 § 200-133B(1)(b)
|
By right
|
All nonresidential districts (A, VC, HC, HI & Q/L)
|
|
Antenna/equipment replacements, § 200-133B(1)(c)
|
By right
|
All districts
|
|
New antenna co-location on existing tower,2 § 200-133B(1)(d)
|
By right
|
All districts
|
|
Relocation of existing tower, § 200-133B(2)(a)
|
Conditional use
|
All districts
|
|
New antenna/existing structure,3 § 200-133B(2)(b)
|
Conditional use
|
All districts
|
|
New communication tower outside of public ROW, § 200-133B(2)(c)
|
Conditional use
|
All nonresidential districts (A, VC, HC, HI & Q/L)
|
|
New communication tower inside public ROW, § 200-133B(2)(d)
|
Conditional use
|
All districts - inside ROW of Rt. 724
|
|
New non-tower WCF inside public ROW, § 200-133B(2)(e)
|
Conditional use
|
All districts - inside public street ROWs
|
|
NOTES:
| |
|---|---|
|
1
|
Height increase of existing structure by 20 feet or less.
|
|
2
|
Compliant with "no substantial change" standards.
|
|
3
|
Height increase of existing structure in excess of 20 feet.
|
(1)
Permitted uses. The following wireless communication facilities
are permitted as a use by right in all or selected zoning districts,
subject to the specific requirements set forth below:
(a)
Towers on municipal property. Antennas and/or towers (tower-based
or non-tower-based WCFs), as regulated and defined by this chapter,
are permitted by right on land owned or controlled by Union Township
without the need for a conditional use approval, provided a license
and/or lease authorizing such antenna and/or tower has been approved
by Union Township.
(b)
New antenna/existing structure. A new cell site antenna (non-tower
WCF) may be located on an existing smokestack, water tower, farm silo
or other tall structure in all nonresidential zoning districts, provided:
[1]
Submission of a zoning permit for the cell site antenna.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load of the proposed antenna
location.
[3]
That the height of the antenna shall not exceed the height of
the existing structure by more than 20 feet above the permitted height
of the applicable zoning district.
[4]
Building-mounted communications antennas shall not be located
on any single-family dwelling.
[5]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
[6]
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
[7]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
[8]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer for compliance
to applicable building codes.
[9]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load.
[10]
The antenna complies with all applicable FCC and
FAA regulations.
[11]
The antenna complies with all applicable building
codes.
(c)
Antenna/equipment replacements. Replacements of existing antennas
or existing equipment such as electrical cabinets are permitted in
all zoning districts, subject to:
[1]
Submission of a zoning permit for the antenna/equipment replacement.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing cell
tower to accommodate the added weight and wind load.
[3]
Submission of a plan set and other information as appropriate
to show the proposed replacement work.
[4]
The replacement antenna array(s) comply with all applicable
FCC and FAA regulations.
[5]
The replacement array(s) comply with all applicable building
codes.
(d)
New antenna co-location. Location of a new antenna array on
an existing cell tower is encouraged over the construction of a new
tower location. Co-location of new antennas on existing towers is
permitted in all zoning districts, subject to:
[1]
Submission of a zoning permit for the antenna co-location.
[2]
Submission of a plan set and other information as appropriate
to show the proposed co-location work.
[3]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing cell
tower to accommodate the added weight and wind load of the new antenna
array.
[4]
The proposed antenna co-location will be reviewed to determine if it is considered as a "substantial change" or one which "does not substantially change" the wireless support structure (see § 200-10, definition of "substantial change").
[5]
Timing of the zoning application for a new co-location antenna will be approved within the time frames set forth under § 200-133C(18). Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.
[6]
The new co-location antenna array complies with all applicable
FCC and FAA regulations.
[7]
The new co-location antenna array complies with all applicable
building codes.
(2)
Uses permitted by conditional use. The following wireless communication facilities are permitted subject to conditional use approval from the Union Township Board of Supervisors, in all or specific zoning districts, subject to the specific requirements set forth below in addition to those presented in § 200-133C and D below:
(a)
Relocation of an existing tower.
[1]
A tower which is being rebuilt to accommodate the co-location
of an additional antenna may be moved on its site within 50 feet of
its existing location as long as all other applicable requirements
have been met.
[2]
After the tower is rebuilt to accommodate co-location, only
one tower may remain on site.
[3]
A relocated on-site tower shall continue to be measured from
the original tower location for purposes of calculating separation
distances between towers pursuant to these regulations. The relocation
of a tower hereunder shall in no way be deemed to cause a violation
of these regulations.
[4]
The on-site relocation of a tower which comes within the separation
distances to residential units or residentially zoned land shall only
be permitted with additional approvals.
(b)
New antenna/existing structure. A new cell site antenna (non-tower
WCF) to be located on an existing smokestack, water tower, farm silo
or other tall structure where the height of the new antenna will exceed
the height of the existing structure in excess of 20 feet shall require
conditional use approval, provided:
[1]
Submission of a zoning permit for the cell site antenna.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load of the proposed antenna
location.
[3]
Building-mounted communications antennas shall not be located
on any single-family dwelling.
[4]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
[5]
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
[6]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
[7]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer for compliance
with applicable building codes.
[8]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load.
[9]
The antenna complies with all applicable FCC and FAA regulations.
[10]
The antenna complies with all applicable building
codes.
(c)
New communication tower outside public rights-of-way. New communication towers (tower-based WCFs) outside of public rights-of-way are permitted in nonresidential districts [A, VC, HC, HI and Q/L] subject to conditional use approval. Consideration for approval would be subject to compliance with the criteria listed below as well as those of § 200-133D of this chapter:
[1]
A licensed professional engineer shall certify that the tower
can structurally accommodate the number of shared users being proposed
by the applicant and that the tower meets the setback, requirements,
and separation distances.
[2]
Height of tower. The maximum height to the top of the tower
or antenna, whichever is taller, shall be 150 feet.
[3]
Lot requirements. A new tower may be permitted as the sole use
on a lot, or in combination with an existing use, except residential,
subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable zoning district and need not be affiliated with
the WCF.
[b]
The minimum lot size shall comply with the applicable
district and shall be the area needed to accommodate the tower-based
WCF, its guy wires, the equipment building, security fence, and buffer
plantings in addition to the existing use.
[4]
The tower location shall comply with the minimum setback requirements
from the tower to any adjoining property line or street right-of-way.
Setbacks less than those specified herein are subject to approval
from the Board of Supervisors based upon demonstration by the applicant
that, in the event of failure, the WCF structure is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
[5]
The WCF shall employ the most-current stealth technology in
an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the applicant shall be subject to approval of the Township.
[6]
Landscape screening shall be required for a new tower-based
WCF outside of the public right-of-way. An evergreen screen shall
be required to surround the site. The evergreen screen shall be a
minimum height of six feet at planting and shall grow to a minimum
of 15 feet at maturity.
[7]
Off-street parking. If the new tower-based WCF outside of the
public right-of-way is fully automated, two off-street parking spaces
shall be required. If the site is not automated, the number of required
parking spaces shall equal the number of people in the largest shift,
but in any event may not be less than two off-street parking spaces.
[8]
All other uses associated with a new tower-based WCF outside
of the public right-of-way, such as a business office, transmission
studio, maintenance depot, or vehicle storage facility, shall not
be located on the site unless the use is otherwise permitted in the
zoning district in which the site is located.
[9]
In order to reduce the number of communication towers needed
in Union Township in the future, any proposed support structure shall
be designed to accommodate other users, including, but not limited
to, police, fire, and emergency services.
(d)
New communication tower inside public rights-of-way. New communication
towers (tower-based WCFs) of 50 feet or shorter may be permitted inside
the public right-of-way of Rt. 724 throughout the Township, regardless
of the underlying zoning district, provided they are compliant with
the following:
[1]
The location of the proposed tower-based WCF inside the public
right-of-way is not located within 50 feet of an area in which utilities
are underground.
[2]
Tower-based WCFs inside the public right-of-way are prohibited
in residential areas or areas in which utilities are located underground.
[3]
Tower-based WCFs inside the public right-of-way shall not be
located in the front facade area of any structure.
[4]
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all tower-based WCFs in the
public right-of-way based on public safety, traffic management, physical
burden on the right-of-way, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
[5]
Tower-based WCFs inside the public right-of-way and related
equipment shall be located 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 right-of-way, as determined by the Township. In
addition:
[a]
In no case shall ground-mounted related equipment,
walls, or landscaping be located within 18 inches of the face of the
curb or a minimum of two feet from edge of cartway if no curb.
[b]
Ground-mounted related equipment that cannot be
placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the WCF owner.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Township.
[f]
The WCF shall employ the most-current stealth technology
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the applicant shall be subject to approval of the Township.
[g]
To the extent permissible under state and federal
law, any height extensions to an existing tower-based WCF shall require
prior approval of the Township and shall not increase the overall
height of the WCF to more than 40 feet.
[h]
Any proposed WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[i]
As part of the application for a new tower-based WCF within the public right-of-way, the applicant shall document compliance with the requirements of § 200-133B(2)(d)[1] through [5] above. In addition, the application shall include submission of a zoning permit application; submission of a detailed site and engineering plan for each proposed WCF installation including all associated equipment necessary for the operation; photographs of proposed WCF antenna and equipment; visual impact analysis with photo simulations; and, if any associated ground or underground equipment is proposed to be located outside of the public right-of-way, a copy of an easement agreement from the property owner on whose property the facilities are to be located.
(e)
New non-tower WCFs inside public rights-of-way. New non-tower
WCFs located within the public right-of-way shall be co-located on
existing poles, such as utility poles or light poles. If co-location
is not technologically feasible, the WCF applicant shall locate its
non-tower WCFs on existing poles or freestanding structures that do
not already act as wireless support structures with the approval of
the Township. Should none of the above location options be feasible
and a new pole is proposed by the applicant, the proposed pole shall
be 50 feet in height or less or 110% of the height of poles in the
surrounding streetscape, whichever is higher. In addition, any new
non-tower WCFs covered under this subsection shall be compliant with
the following:
[1]
WCF installations located above the surface grade in the public
right-of-way, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are not more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
[2]
Antennas and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
[3]
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all tower-based WCFs in the
public right-of-way based on public safety, traffic management, physical
burden on the right-of-way, 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]
Non-tower WCFs and related equipment shall be located 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 right-of-way,
as determined by the Township. In addition:
[a]
In no case shall ground-mounted related equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, within two feet of the edge or cartway if no curb, or within
an easement extending onto a privately owned lot.
[b]
For sites in residential developments where utilities
are underground, ground-level cabinets are prohibited. Either underground
cabinets or pole-mounted cabinets may be used. If a pole-mounted cabinet,
it may not exceed three cubic feet in volume and must be finished
and/or painted to blend in with the existing streetscape. Ground-level
cabinets are permitted in all nonresidential zones, provided that
such ground-level cabinet is less than 28 cubic feet in volume, is
finished and/or painted so as to blend in with its background and
does not inhibit any existing sight triangles.
[c]
If an electrical meter cabinet is located outside
of the public right-of-way, either underground or above ground, the
applicant will need to secure an easement agreement from the property
owner of the property upon which the equipment is to be located. Above-ground-level
cabinets shall be screened to blend in with the surrounding area to
the satisfaction of the Township and PennDOT.
[d]
Any graffiti on the non-tower WCF or on any related
equipment shall be removed at the sole expense of the WCF owner.
[e]
Minimum spacing between small cell WCFs shall be
300 feet between WCF installations. Small cell WCFs shall not be located
within 100 feet of an existing residence.
[f]
Relocation or removal of facilities. Within 60
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a non-tower WCF in
the right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any non-tower WCF
when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
[i]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way.
[ii]
The operations of the Township or other governmental
entity in the right-of-way.
[iii]
Vacation of a street or road or the release of
a utility easement.
[iv]
An emergency as determined by the Township.
[g]
As part of the application for a new non-tower WCF within the public right-of-way, the applicant shall document compliance with the requirements of § 200-133B(2)(e)[1] through [4] above. In addition, the application should include submission of a zoning permit application; submission of a detailed site and engineering plan for proposed WCF installation including all associated equipment necessary for operation; photographs of proposed WCF antenna and equipment; visual impact analysis with photo simulations; and, if any associated ground or underground equipment is proposed to be located outside of the public right-of-way, a copy of an easement agreement from the property owner on whose property the facilities are to be located.
C.
General standards.
(1)
Antenna height. For a site with a new tower-based WCF outside
of the public right-of-way, the maximum height at the top of the tower
or antenna, whichever is taller, shall be 150 feet. The applicant
shall demonstrate that the antenna is at the minimum height required
to function satisfactorily.
(2)
Setbacks. Setbacks from the base of tower-based WCFs outside
of the public right-of-way. If a new tower-based WCF is constructed
(as opposed to mounting the antenna on an existing structure), the
minimum distance between the base of the support structure or any
guy wire anchors and any property line shall be the largest of the
following:
(3)
Antenna support structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe and that
the surrounding areas will not be affected negatively by support structure
failure, falling ice or other debris, electromagnetic fields or radio
frequency interference. The applicant shall submit a copy of a certificate
of insurance evidencing general liability coverage in the minimum
amount of $3,000,000 per occurrence and property damage coverage in
the minimum amount of $3,000,000 per occurrence covering the proposed
communications tower and communications antennas. Said insurance coverage
shall be maintained during the useful life of the subject antennas
and/or support structure. There shall be an ongoing obligation of
the property owner where the tower is located to secure and submit
to the Township proof of insurance on an annual basis. All support
structures shall be fitted with anticlimbing devices, as approved
by the manufacturers.
(4)
Fencing. A fence shall be required around the tower-based WCF
outside of the public right-of-way and other equipment, unless the
antenna is mounted on an existing structure. The fence shall be eight
feet in height and shall otherwise comply with the regulations set
forth in this chapter.
(5)
Landscaping. Landscaping shall be in accordance with § 172-44O of the Subdivision and Land Development Ordinance [Chapter 172]. The following landscaping shall be required to screen the fence surrounding the tower and any other ground level features, buildings and structures. Any combination of existing vegetation or topography may be permitted only through the approval of the Union Township Board of Supervisors:
(a)
An evergreen screen shall be required to surround the perimeter
of any new tower-based WCF outside of the public right-of-way. The
screen shall either be an evergreen hedge (planted three feet on center,
maximum) or a row of evergreen trees (planted 10 feet on center, maximum).
The evergreen screen shall be a minimum of six feet in height at the
initial planting and shall grow to a minimum of 15 feet in height
at maturity. All such plantings shall be perpetually maintained by
the property owner.
(b)
The existing vegetation on and around the site shall be preserved
to the greatest extent possible.
(c)
A landscaping plan shall be submitted to Union Township for
review and comment. The landscaping plan shall be subject to the approval
of the Union Township Board of Supervisors.
(d)
If a communications antenna (non-tower-based WCF) is to be installed
on a structure other than a communications tower, the antenna and
supporting electrical and mechanical equipment shall be of a neutral
color that is identical to or closely compatible with the color of
the supporting structure so as to make the antenna and accessory equipment
as visually unobtrusive as possible.
(e)
If a communications tower and antenna is to be designed as a
structure or natural feature, the communications tower and antenna
shall be disguised and/or camouflaged within the surrounding area.
The type, style, color, design, size and location of the disguised
and/or camouflaged communications tower and antenna shall be subject
to the approval of the Union Township Board of Supervisors as part
of the conditional use process.
(6)
Other users. In order to reduce the number of antenna support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users, including
other cellular communications companies, the local police, fire and
ambulance companies, and municipal uses.
(7)
State or federal requirements. All communications towers and
antennas must meet or exceed the current standards and regulations
of the Federal Aviation Administration (FAA), the Federal Communications
Commission (FCC) and any other state or federal agency with the authority
to regulate towers and antennas.
(8)
Required parking. A minimum of two off-street parking spaces
shall be required for maintenance workers. The size, design, number
and location of the off-street parking spaces shall be subject to
the approval of the Union Township Board of Supervisors.
(9)
Access. Access shall be provided to the antennas, support structure
and/or accessory structure by means of a public street or easement
to a public street. The easement shall be a minimum of 30 feet in
width. The driveway or access lane shall be designed, constructed
and improved in accordance with all codes, ordinances and standards
adopted by Union Township.
(10)
Signs and lighting. No signs or lights shall be mounted on a
communications tower, except as may be required by the Federal Communications
Commission, Federal Aviation Administration or other governmental
agency which has jurisdiction.
(11)
Support structures. Antenna support structures shall be constructed
so as to reduce the visual impact. Support structures may be painted
green up to the height of nearby trees, and shall, to the greatest
extent possible, be consistent with the surrounding landscape. Support
structures shall meet all Federal Aviation Administration regulations.
(12)
Land development plan. Where the proposed communications and telecommunications facility constitutes land development or subdivision as defined in Chapter 172, Subdivision and Land Development, a complete land development plan shall be required for all sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required by Chapter 172, Subdivision and Land Development. A complete land development plan shall not be required if the antenna is to be mounted onto an existing structure and does not exceed the height of the existing structure by more than 20 feet.
(13)
Building codes. To ensure the structural integrity of the communications
tower and/or antenna, the owner shall demonstrate that it will be
designed and maintained in accordance with all applicable building
codes adopted by Union Township. In addition, the owner shall also
demonstrate that the communications tower and/or antenna can withstand
catastrophic events associated with wind, snow, ice, lightning, earthquakes,
collisions and/or vandalism.
(14)
Geotechnical investigation. The owner shall complete and submit
geotechnical evaluation of the site in which the communications tower
is to be located. The owner shall demonstrate how the proposed tower
and related infrastructure is to be stabilized and anchored.
(15)
Discontinued use. If a communications tower and/or antenna remains
unused for a period of 12 consecutive months, the owner or operator
shall dismantle and remove the tower and/or antenna within six months
of notice to do such by Union Township.
(16)
Bonding/financial security. The owner or operator of communications
tower and/or antenna shall post financial security with Union Township
in an amount to cover tower and/or antenna removal and site cleanup.
The financial security shall be used by Union Township in the event
the owner or operator fails to remove the tower and/or antenna within
six months of notification by Union Township. The amount of the financial
security and the terms of the agreement shall be subject to the approval
of the Union Township Board of Supervisors.
(17)
Emergency/catastrophic event. Union Township reserves the right
to utilize any financial security held in escrow to insure that the
communications tower and/or antenna are removed from the site in the
event of an emergency or catastrophic event. The funds will be utilized
by Union Township if the owner and operator of the communications
tower and/or antenna does not make an effort to remove the tower or
antenna immediately.
(18)
Permit processing time frames. Timing of approval for WCF applications
shall be as follows:
(a)
For a non-tower WCF:
[1]
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.
[2]
Upon submission to the Township of the additional
required information, the Township shall, within 10 days, notify the
applicant if the application is now complete.
[3]
For co-location of small WCFs (non-tower-based
WCFs) on an existing wireless support structure to which they are
to be attached which does not substantially change the physical dimensions
of the wireless support structure, the Township, within 60 days of
receipt of a complete application, shall make its decision on whether
to approve the application.
[Amended 7-19-2021 by Ord. No. 2021-02]
[4]
For co-location of a small WCF on an existing non-tower-based
WCF that does substantially change the physical dimensions of the
wireless support structure to which they are attached as defined by
the WBCA, or for the construction of a new small WCF on an existing
pole (utility pole, streetlight, etc.) or a new pole less than 50
feet in height, to be used as a wireless support structure to which
the WCFs are to be attached, the Township, within 90 days after receipt
of a complete application, shall make its decision whether to approve
the application.
[Amended 7-19-2021 by Ord. No. 2021-02]
[5]
The decision of the Township shall be made in writing
and provided to the applicant.
[6]
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- or ninety-day review period, as applicable. These
timing requirements in this section shall only apply to proposed facilities
that fall under the Pennsylvania Wireless Broadband Collocation Act.
(b)
For a tower-based WCF:
[1]
Within 30 calendar days of the date that an application
for a new 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 (i.e., the requirement
for a special exception approval from the Zoning Hearing Board).
[2]
Upon submission to the Township of the additional
required information, the Township shall, within 10 days, notify the
applicant if the application is now complete.
[3]
For co-location of a new small wireless facility
(WCF) on an existing wireless support pole or tower structure in excess
of 50 feet in height, the Township, upon receipt of a complete application,
shall render its decision on the application within 90 days.
[Amended 7-19-2021 by Ord. No. 2021-02]
[4]
For construction of a new pole or tower-based WCF
on a wireless support structure in excess of 50 feet in height, the
Township shall act upon the application within 150 days of receipt
of a complete application.
[Amended 7-19-2021 by Ord. No. 2021-02]
[5]
If additional information was requested by the Township or any required
zoning approval (conditional use or height variance) to complete the
application, the time required by the WCF applicant to provide the
information or secure the required zoning approvals shall not be counted
toward the 150-day review period.
[Added 7-19-2021 by Ord. No. 2021-02]
D.
Additional standards to be considered for conditional use applications.
(1)
The cellular communications company and/or applicant is required
to demonstrate, using technological evidence, that the antenna must
be located where it is proposed in order to satisfy its function in
the company's and/or applicant's grid system. The communications company
and/or applicant shall supply a list of other towers within a twenty-mile
radius of the site.
(2)
If the cellular communications company and/or applicant proposes
to build a tower (as opposed to mounting the antenna on an existing
structure), it is required to demonstrate that it contacted the owners
of the tall structures within a one-mile radius from the proposed
site, requested permission to install the antenna on those structures,
and was denied for reasons other than economic reasons. Tall structures
include, but are not limited to, smokestacks, water towers antenna
support structures of other cellular communications companies, and
other communications towers (fire, police, etc.).
(3)
The Union Township Board of Supervisors may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of the
Municipalities Planning Code and this chapter.
(4)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, in support of their
conditional use application shall be certified by a licensed professional
engineer in the State of Pennsylvania.
E.
Reimbursement
of fees for WCFs. The following fees shall apply to WCF applications
submitted to the Township and to the use of the right-of-way:
[Added 7-19-2021 by Ord. No. 2021-02]
(1)
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 WCF, as set forth by resolution
of the Township or in a negotiated right-of-way agreement. Such fees
shall comply with the applicable requirements of the Federal Communications
Commission.
(2)
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 or an application for a conditional use, and,
once approved, in reviewing and evaluating any potential violation
of the terms and conditions of these WCF provisions. The WCF applicant,
operator 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.
(3)
Reimbursement
for ROW use. In addition to permit fees as described in this section,
a 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 and/or operator of each 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,
as set forth by resolution of the Township or in a negotiated right-of-way
agreement. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
(4)
Reimbursement
for restoration and removal. The WCF owner and/or operator shall reimburse
the Township for all costs incurred by the Township as a result of
any failure by the owner and/or operator to restore the right-of-way,
or as a result of the failure of the owner and/or operator to remove,
replace or move any WCF as a result of discontinued use.
[Added 9-19-2016 by Ord.
No. 2016-06]
A.
Medical marijuana grower/processor.
(1)
A permit from the Pennsylvania Department of Health for the
conduct of a medical marijuana grower/processor operation under Pennsylvania
Act 16 would be required as a condition of any zoning approval from
the Township.
(2)
The growing of medical marijuana can only be conducted by a
"grower/processor" permitted under Pennsylvania Act 16 and cannot
be conducted separate from the processing activity.
(3)
A grower/processor shall meet the same municipal zoning and
land use requirements as other manufacturing, processing and production
facilities that are located in the same zoning district, as well as
any additional special standards applicable to this use as may be
required under Pennsylvania Act 16.
(4)
A medical marijuana grower/processor use is not considered as
an agricultural use, but rather as a manufacturing use.
(5)
A grower/processor use may only be conducted in an indoor, enclosed,
secure facility.
B.
Medical marijuana dispensary.
(1)
The dispensing of medical marijuana can only be conducted by
a "dispensary" permitted under Pennsylvania Act 16.
(2)
A dispensary may only dispense medical marijuana in an indoor,
enclosed, secure facility.
(3)
A dispensary may not operate on the same site as a facility
used for the growing and processing of medical marijuana.
(4)
A dispensary may not be located within 1,000 feet of the property
line of a public, private or parochial school or a day-care center.
(5)
A dispensary may sell medical devices and instruments which
are needed to administer medical marijuana.
(6)
A dispensary shall meet the same municipal zoning and land use
requirements as other commercial facilities that are located in the
same zoning district, as well as any additional special standards
applicable to this use as may be required under Pennsylvania Act 16.
(7)
Medical marijuana may only be dispensed to a patient who receives
a certification from a practitioner and is in possession of a valid
identification card issued by the Pennsylvania Department of Health
under the requirements of Pennsylvania Act 16.
