A.
Applicability. All uses must comply with both the general requirements
of the underlying district and all other applicable general requirements
of this chapter, e.g., parking. It is the intent of this article to
provide additional requirements and standards for particular uses.
In the event of any conflict among requirements, the most restrictive
requirement shall apply.
B.
Permitted use by right. For uses permitted by right, the specific
requirements and standards must be satisfied prior to approval of
any application for land development (when applicable) or, if it is
not subject to land development, prior to approval of a zoning permit.
The applicant shall have the burden of proof that the proposed use
is in compliance with these specific requirements and standards and
must furnish whatever evidence is necessary to demonstrate such compliance.
C.
Conditional use. For uses permitted by conditional use, this article
sets forth specific requirements and standards which must be satisfied.
The applicant shall have the burden of proof that the proposed use
meets all applicable requirements and standards contained within this
chapter, including those specific to the use, applicable to conditional
uses generally, applicable generally to all uses within the relevant
zoning district, and applicable generally to all uses.
D.
Special exception. For uses permitted by special exception, this
article sets forth the specific requirements and standards that which
must be satisfied. The applicant shall have the burden of proof that
the proposed use meets all applicable requirements and standards contained
within this chapter, including those specific to the use; applicable
to special exceptions generally; applicable generally to all uses
within the relevant zoning district; and generally applicable to all
uses.
The following uses shall comply with the standards and requirements
stated in this section, in addition to general requirements of the
district in which the use is located and requirements generally applicable
to all uses.
A.
Adult use. Where permitted, an adult use shall comply with the following
requirements:
(1)
Purpose. The regulation of adult uses is intended to serve the
following purposes, in addition to the overall objectives of this
chapter.
(a)
To minimize and mitigate recognized and documented adverse secondary
impacts of adult uses on the public health, safety and general welfare
of the Township's residents and businesses. These adverse secondary
impacts include, but are not limited to: criminal activity; transmission
of sexually transmitted and other communicable diseases; development
of blight conditions and neighborhood instability; and decreases in
property values and marketability. Owners and operators of adult uses
exercise of self-regulation to control and mitigate these secondary
effects are demonstrably insufficient in scope and lacking in success.
(b)
To limit adult uses to locations where secondary impacts can
be minimized by means of both siting and other regulatory controls
and mitigation measures.
(2)
An application for conditional use for an adult use shall include:
(a)
A written narrative containing:
[1]
A description in sufficient detail that identifies the proposed
adult use and all activities to be conducted as part of the adult
use;
[2]
Identification of all federal and state laws and regulations
applicable to the proposed use, and description in sufficient detail
that demonstrates that the proposed use will be operated in full compliance
with the identified laws;
[Amended 9-3-2020 by Ord. No. 2020-05]
[3]
The names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[4]
The names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[5]
The name, street address and telephone number of the manager(s)
of the proposed use;
[6]
The name and 24/7 toll-free telephone number of the individual
responsible for receiving and responding to inquiries and complaints
regarding the operations of the proposed use; and
[7]
The following statement signed and dated by each owner of the
lot and each applicant for conditional use:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer
or registered and licensed surveyor or landscape architect, showing
all lot lines; adjacent lots, their owners, improvements and easements;
and existing and proposed on-site improvements and easements.
(c)
A site plan, prepared and sealed by a professional engineer
or registered and licensed surveyor or landscape architect, demonstrating
compliance with requirements of this section and all other applicable
requirements of the chapter, including, but not limited to, the requirements
of the zoning district in which located, and requirements for parking,
landscaping and signage. A landscape plan, or that portion of the
site plan showing landscaping, shall be prepared and sealed by a registered
and licensed landscape architect.
(d)
A scaled interior building plan showing the location of each
activity to be conducted as part of the proposed use.
(e)
Scale elevations of each side of a proposed building to be used
or occupied for the adult use.
(3)
An adult use shall not be permitted to be located within 1,000
feet of any other adult use.
(4)
An adult use shall not be located within 1,000 feet of a residential
zoning district or the lot line of any lot which contains one or more
of the following specified land uses:
(5)
Any building or structure used and occupied as an adult use
shall have an opaque covering over all windows or doors of any area
in which materials, merchandise, film or activities are exhibited,
displayed or visible from outside of the building or structure.
(6)
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise,
film or activities offered therein.
(7)
Each entrance to the premises shall be posted with a notice
specifying that persons under the age of 17 years are not permitted
to enter therein and warning all other persons that they may be offended
upon entry.
(8)
No materials, merchandise, or film offered for sale, rent, lease,
loan, or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
(9)
A one-hundred-foot setback shall be provided along all lot lines
and shall be measured from the lot line or, where the lot is adjacent
to a public road, from the ultimate right-of-way line. The setback
shall contain no buildings, structures or parking/loading areas.
(10)
A fifty-foot buffer shall be provided along each adjacent public
road, the lot line of an adjacent lot improved with a dwelling or
zoned a residential zoning district.
(11)
The adult use shall not operate between 12:00 midnight and 9:00
a.m.
(12)
Alcoholic beverages may not be provided or sold as part of an
adult use and an adult use may not be located on the same lot as a
use that sells alcoholic beverages.
B.
Agritourism/agritainment as accessory use. Where permitted, an agritourism/agritainment
accessory use shall comply with the following requirements:
(1)
A single agritourism/agritainment use may be an accessory use
to an active normal agricultural operation conducted on a lot containing
at least 50 acres.
(2)
An application for conditional use for an agritourism/agritainment
use shall include:
(a)
A written narrative containing:
[1]
A description in sufficient detail that identifies the proposed
agritourism/agritainment use and all activities to be conducted as
part of the use;
[2]
The names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[3]
The names, street addresses and telephone numbers of all operator(s)
of the proposed use;
(b)
A site plan, prepared and sealed by a professional engineer
or registered and licensed surveyor or landscape architect, showing
all lot lines; adjacent lots, their owners and improvements; and existing
and proposed on-site improvements, and demonstrating compliance with
requirements of this section and all other applicable requirements
of the Ordinance, including, but not limited to, the requirements
of the zoning district in which located, and requirements for parking,
landscaping and signage.
(3)
No more than 25% of the lot may be used for the agritourism/agritainment
use.
(4)
Structure(s) used primarily for the agritourism/agritainment
use may not exceed a combined total of 2,500 square feet.
(5)
The total number of visitors may not exceed 500 visitors daily.
(6)
The operating hours for an agritourism/agritainment use shall
begin no earlier than 8:00 a.m. nor extend beyond 10:00 p.m. on any
day other than Sunday. The operating hours on Sunday shall begin no
earlier than 10:00 a.m. nor extend beyond 7:00 p.m.
(7)
No more than four agritourism/agritainment events may occur
in a calendar year and no single event may last for more than two
consecutive days.
(8)
The Township shall be given written notice of each agritourism/agritainment
event at least 30 days prior to the event date. Such notice shall
identify and describe the event, the date(s) and time(s) of the event,
the anticipated attendance at the event, the means (including any
related service or equipment contract) for traffic control, parking,
solid waste management, potable water, sewage disposal, lighting,
and emergency services and the name and contact number of the operator
of the event if it is not the owner/operator of the normal agricultural
operation. The notice shall also demonstrate that notice of the proposed
special event has been given to the Pennsylvania State Police, the
volunteer fire company(ies) and the volunteer EMS company(ies). A
site plan delineating the area(s) of the lot (and related facilities)
to be used for the event activities, access, parking, solid waste
management, sewage disposal, and lighting shall be submitted with
the notice.
(9)
No part of the agritourism/agritainment use shall be located
within 100 feet of a front, rear or side lot line.
(10)
No part of the agritourism/agritainment use shall be located
within 500 feet of a dwelling (not on the same lot).
(11)
An ambient noise study shall be conducted and submitted to the
Township as part of the application for conditional use approval.
The study shall identify ambient noise sources and establish ambient
noise levels at all lot lines. No agritourism/agritainment use shall
generate noise increasing the ambient noise level by greater than
10 dbh.
(12)
The agritourism/agritainment use and related ingress, egress
and parking facilities shall be located and designed to minimize the
migration of dust off-site.
(13)
Solid waste management facilities, of a size and type appropriate
and suitable to the agritourism/agritainment use shall be provided
and must be screened from an adjacent street, an adjacent lot improved
with a dwelling or an adjacent unimproved lot in a residential zoning
district.
(14)
When not in use, all motorized vehicles, equipment, materials,
etc., associated with the agritourism/agritainment use must be screened
from an adjacent street, an adjacent lot improved with a dwelling
or an adjacent unimproved lot in a residential zoning district.
(15)
Sufficient means for potable water supply and sewage disposal
shall be provided on site.
C.
Airport/heliport. Where permitted, an airport/heliport shall comply
with the following requirements:
(1)
A minimum lot area of 30 acres is required for an airport; a
minimum of five acres is required for a heliport.
(2)
No part of the take-off/landing strip and/or pad shall be located
nearer than 300 feet from any lot line and 500 feet from an adjacent
lot improved with a dwelling or zoned a residential zoning district.
(3)
All facilities shall be designed in strict compliance with all
applicable state and federal laws and regulations.
(4)
The applicant shall furnish evidence of the submission of an
application for license from the Pennsylvania Department of Transportation,
Bureau of Aviation and, prior to the initiation of use, shall furnish
proof of the issuance of a license.
D.
Alternative energy system as accessory use. Within every zoning district,
an alternative energy system is an accessory use permitted by right
when it complies with the following requirements:
(1)
Any physical modification to an existing alternative energy
system that materially alters the size, type and quantity of the facilities
shall comply with the applicable provisions specified under this section.
(2)
Alternative energy systems, including accessory wind systems
and community solar facility and solar energy system accessory uses,
shall be primarily utilized by the principal use of the lot upon which
it is located. Energy generated must first be used to meet the demand
on site. Surplus energy may be exchanged, transferred and/or sold
to a public or private utility company if the applicant submits written
expert documentation demonstrating that the proposed alternative energy
system is principally designed to serve the principal use of the lot,
not to exceed the following energy-generating parameters:
[Amended 3-17-2022 by Ord. No. 2022-02]
(a)
The maximum energy generated for a residential use shall not
exceed 1.5 times the annual energy needs of the principal residential
use upon whose site the alternative energy system is located.
(b)
The maximum energy generated for a commercial, manufacturing
or institutional use shall not exceed 2.0 times the annual energy
needs of the principal commercial use upon whose site the alternative
energy system is located.
(3)
The owner of any alternative energy system connected to an electric
utility grid shall, prior to the start of operations, provide the
Township with written authorization from the utility acknowledging
and approving such connection.
[Amended 3-17-2022 by Ord. No. 2022-02]
(4)
Alternative energy systems may be erected as detached accessory
structures or attached to a building provided that, except as otherwise
provided, the structural components of such systems shall meet the
setback, lot occupancy and height requirements of the zoning district.
[Amended 3-17-2022 by Ord. No. 2022-02]
(a)
The total height of a building or structure with solar panels
shall not exceed by more than one foot the maximum permitted height
in the applicable zone;
(b)
Ground-mounted solar panels shall not exceed a height of 12
feet at the highest point of the structure;
(c)
The maximum height of a freestanding wind turbine and any supporting
structure shall be 50 feet for nonagricultural uses and 150 feet for
agricultural uses, as measured from the ground surface to the tip
of the blade at its highest turning movement; and the maximum height
of a roof-mounted wind turbine and any supporting structure shall
be 10 feet (as measured from the highest roof surface to the tip of
the blade at its highest turning movement). Neither turbine nor blade
shall be of such size or height as to create shadow flicker.
(5)
Aboveground alternative energy systems shall be clear-coated,
transparent, and/or be designed with a nonobtrusive color such as
white, off-white or gray. Solar energy panels and support structures
shall be constructed of nonreflective materials. All such facilities
shall not be artificially lighted, except to the extent required by
the Federal Aviation Administration or other applicable authority
that regulates air safety.
[Amended 3-17-2022 by Ord. No. 2022-02]
(6)
On-site electrical transmission and power lines connected to
or associated with the alternative energy system that are not contained
within a building shall be located underground.
(7)
The proposed alternative energy system shall not generate noise
levels that exceed ambient noise levels at the lot line, which ambient
noise levels must be measured and documented by an acoustical engineer
as part of the application.
(8)
The applicant shall make reasonable efforts to avoid any disruption
or loss of natural light, or radio, telephone, television or similar
signals, and shall mitigate any harm caused by the alternative energy
system.
(10)
The applicant for an alternative energy system shall submit
as part of its application for zoning permit:
(a)
A narrative describing the system and its principal components,
including, but not limited to, related ancillary facilities;
(b)
Information about its potential energy-generating capacity and
anticipated generation; and
(c)
A site plan depicting the system and its principal components,
including, but not limited to, related ancillary facilities as they
relate to lot lines, required setbacks, adjacent streets, utility
rights-of-way and lines, and on-site buildings and structures. Such
information shall be depicted upon the site plan even if it is located
underground.
(11)
[2]An accessory community solar facility and ground-mounted
solar energy system shall comply with the following additional requirements:
[Added 3-17-2022 by Ord. No. 2022-02]
(a)
An application for a zoning permit shall include a site plan:
[1]
Showing all lot lines; adjacent lots, their owners, improvements
and easements; existing and proposed on-site improvements; adjacent
public roads and private streets; utility rights-of-way and lines;
and easements;
[2]
Depicting the system and its principal components, including, but
not limited to, related ancillary facilities and structures. Such
information shall be depicted upon the site plan even if it is located
underground; and
[3]
Demonstrating compliance with requirements of this section and all
other applicable requirements of this chapter, including but not limited
to the requirements of the zoning district in which located.
(b)
Solar energy panels and support structures shall be constructed of
nonreflective materials.
(c)
There shall be no advertising except for reasonable identification
of the manufacturer of the system. In no case shall such identification
exceed 144 square inches.
(d)
The surface area of a ground-mounted system, regardless of the mounted
angle of any solar panels, shall be considered part of and calculated
in the lot coverage of the lot on which the system is located. The
surface area of a ground-mounted system shall not exceed two acres.
For panels that self-adjust, the lot coverage of each solar panel
shall be calculated at that angle with the greatest horizontal exposure.
(e)
The community solar facility shall be no closer than 250 feet from
the lot line of an adjacent lot improved with a dwelling or an unimproved
lot in a residential zoning district; provided that the setback shall
not apply to a shared property line of properties hosting a single
solar energy system.
(f)
Owners of a lot upon which a ground-mounted system is installed shall
be required, as a condition of the issuance of the zoning permit,
to acknowledge, in writing, to the Township that the issuance of a
zoning permit shall not and does not create in the lot owner, its,
his, her or their successors and assigns in title or create in the
lot itself:
[2]
Editor's Note: Former Subsection D(11), regarding additional
requirements for accessory solar energy systems, was repealed 9-3-2020 by Ord. No. 2020-05.
(12)
An accessory wind energy system shall comply with the following
additional requirements:
(a)
Only one wind turbine shall be permitted per principal use,
except that normal agricultural operations may have up to two wind
turbines.
(b)
Wind turbines may only be permitted upon lots with a minimum
of 2 1/2 acres.
(c)
The minimum height of a wind turbine shall be such that there
shall be maintained a minimum of 15 feet ground clearance, as measured
between the ground surface and the tip of the blade at its closest
point of the turning movement.
(d)
Wind turbines shall be set back the following distances as measured
from the center of the wind turbine base to the nearest point of the
respective feature listed below:
|
Feature
|
Minimum Setback
|
|---|---|
|
Occupied building on lot
|
Turbine height plus 10 feet
|
|
Above-ground utility right-of-way
|
Turbine height plus 10 feet
|
|
Adjacent lot line
|
1.5 times turbine height
|
|
Adjacent ultimate right-of-way
|
1.5 times turbine height
|
(e)
A wind turbine and any supporting structure shall be enclosed
by a six-foot fence with a locking gate or the base of the wind turbine
and any supporting structure shall not be climbable for a minimum
height of 12 feet. All access doors to wind turbines and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by nonauthorized persons.
(f)
All wind turbines and wind energy systems shall be equipped
with a redundant braking system, which shall include both aerodynamic
over-speed controls (including variable pitch, tip, and other similar
systems) and mechanical brakes. Mechanical brakes shall be operated
in a fail-safe mode. Stall regulation shall not be considered a sufficient
braking system for over-speed protection.
(g)
The applicant shall make reasonable efforts to minimize shadow
flicker to adjacent lots improved with a dwelling.
(h)
No wind turbine shall cause ground vibrations perceptible beyond
the lot line.
(i)
No wind turbine shall cause ice to be thrown beyond the ultimate
right-of-way line for an adjacent public road or a lot line.
E.
Bed-and-breakfast. Where permitted, a bed-and-breakfast use shall
comply with the following requirements:
(1)
A bed-and-breakfast shall be permitted to be located only within
a single-family detached dwelling.
(2)
A written determination from the Township Code Official that
the structure complies with the standards of the Uniform Construction
Code for occupancy of the dwelling for single-family and bed-and-breakfast
uses is required to be submitted with the application for zoning permit.
(3)
Where the lot proposed for the use is served by an on-lot septic
system, a written determination from the Township Sewage Enforcement
Officer that the on-lot system is adequately sized and designed to
handle the proposed sewage treatment load is required to be submitted
with the application for zoning permit.
(4)
Any modifications to the external appearance of the structure
(except fire escapes) made for the bed-and-breakfast use shall complement
its residential character.
(5)
The zoning permit application shall include a site plan that
indicates the location, size and, where required, landscaping of all
parking spaces required for the principal residential use and proposed
bed-and-breakfast use.
(6)
In addition to the required number of parking spaces for the
principle residential use, one on-site parking space shall be provided
for each bedroom available for the bed-and-breakfast use. No new parking
space proposed to meet this requirement shall be located closer than:
[Amended 9-3-2020 by Ord. No. 2020-05]
(a)
Twenty-five feet to a public street. The required 25 feet shall
be measured from the existing right-of-way or the ultimate right-of-way,
whichever is larger.
(b)
Twenty-five feet to the lot line of an adjacent lot improved
with a dwelling or an adjacent unimproved lot in a residential zoning
district.
(c)
Where the siting of the parking space would result in the shining
of vehicle lights on an adjacent lot, the parking space shall be screened
from that dwelling to a height of 36 inches by means of plants or
a constructed wall or a solid fence.
(7)
Meals may only be served to registered overnight guests.
(8)
During bed-and-breakfast operations, the resident lot owner
or resident manager shall be on site.
F.
Campground. Where permitted, a campground use shall comply with the
following requirements:
(1)
A campground use requires a minimum lot area of 10 acres.
(2)
All campgrounds containing more than 25 campsites shall have
vehicular access to an arterial or collector road.
(3)
All campsites shall be located at least 100 feet from any lot
line and public street ultimate right-of-way line.
(4)
Each campsite shall be at least 3,000 square feet in size.
(5)
Each campsite shall include a parking space for one automobile
which will not interfere with the convenient and safe movement of
traffic on the internal accessways or equivalent parking shall be
provided in a designated common parking area near the campsite.
(6)
The access drive(s) from a public street shall be paved a minimum
distance of 50 feet. Internal accessways and parking areas shall be
maintained in a dust-free condition.
(7)
A minimum of 20% of the gross area of the campground shall be
devoted to active and passive recreational facilities. Constructed
active recreation facilities, including paths, shall be set back 150
feet from a lot line and public street ultimate right-of-way line.
The recreational facilities shall be used exclusively by registered
campground guests and their visitors.
(8)
Solid waste receptacles shall be provided and routinely emptied
to prevent the scattering of solid waste, and the applicant shall
furnish to the Township and implement an acceptable working plan for
the management of solid waste and vermin control. Solid waste management
facilities shall be set back a minimum of 100 feet from any lot line
and public street ultimate right-of-way line. Such facilities shall
be designed and maintained so as to be secure from native animals
such as raccoons, bears, etc. Collection of solid waste from the facilities
shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m.
(9)
Any accessory commercial uses, and associated parking, shall
be set back a minimum of 150 feet from any lot line and public street
ultimate right-of-way line. Such accessory commercial uses shall be
solely designed and constructed to serve the campground's registered
guests and their visitors. Any parking spaces provided for these commercial
uses shall have vehicular access only from the campground's internal
accessways, rather than the public street.
(10)
A twenty-five-foot buffer shall be established along an adjacent
lot improved with a dwelling or an adjacent unimproved lot in a residential
zoning district.
(11)
During operation every campground shall have an office manned
by the person responsible for operation of the campground. The office
also shall be posted with a local 24/7 emergency contact name and
telephone number.
(12)
No person, other than a resident manager, shall reside on the
site for more than three months in any calendar year.
G.
Car wash. Where permitted, a car wash shall comply with the following
requirements:
(1)
The lot shall front on and have access from an arterial or collector
road.
(2)
The applicant shall demonstrate that adequate means of water
supply will serve the proposed use.
(3)
Gray water recycling is required.
(4)
For automatic and self-service car washes, each washing bay
shall provide a minimum one-hundred-foot-long on-site stacking lane
which precedes the washing process. For full-service car washes, such
on-site stacking shall be a minimum of 300 feet per lane.
(5)
For full-service car washes, a post-washing drying area shall
be provided for no fewer than three vehicles per washing lane.
(6)
All structures housing washing apparatuses shall be set back
100 feet from any ultimate street right-of-way line.
(7)
Solid waste receptacles shall be provided and routinely emptied
to prevent the scattering of litter, and the applicant shall provide
a solid waste management plan with the application for a zoning permit.
(8)
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and oils.
H.
Care dwelling as accessory use to dwelling use. Where permitted,
a care dwelling accessory use shall comply with the following requirements:
(1)
Definition.
(a)
On a lot improved with a single-family detached dwelling, a
temporary and accessory dwelling unit for occupancy by a person who
is:
[1]
At least 55 years of age and/or is handicapped or disabled,
provided such person is related to the occupant(s) of the single-family
dwelling by blood, marriage, adoption or other decree of legal union
or custody, or by common-law marriage lawfully existing prior to January
1, 2005; or
[2]
A caregiver who provides care on a full-time basis to an occupant
of the single-family dwelling or an occupant of the care housing unit.
(b)
No more than two persons meeting the description of Subsection H(1)(a)[1] above and/or a caregiver may occupy a care dwelling.
(2)
One care dwelling is permitted by right as an accessory use
to one principal single-family dwelling, subject to the following
requirements:
(a)
The principle dwelling and accessory care dwelling shall be
located on a single lot with a minimum lot area of two acres.
(b)
The care dwelling shall not exceed 900 square feet of floor
area.
(c)
A freestanding care dwelling shall be located only in a side
or rear yard and shall meet all side and rear setback requirements
for a principal single-family dwelling.
[Amended 9-3-2020 by Ord. No. 2020-05]
(d)
The care dwelling shall be so designed and constructed as to
permit its removal from the lot or conversion to a part of the single-family
dwelling use within three months after it is no longer occupied by
a person who qualifies for the use.
(e)
In addition to the parking required for the single-family dwelling,
a minimum of one all-weather off-street parking space shall be provided
for the care dwelling, unless satisfactory proof is submitted showing
that the occupant of the care dwelling is incapable of operating a
motor vehicle or does not have a license to operate a motor vehicle.
Such parking space shall be so sited as to be accessible to the care
dwelling.
(f)
Where the lot proposed for the use is served by an on-lot septic
system, a written determination from the Township Sewage Enforcement
Officer that the on-lot system is adequately sized and designed to
handle the proposed sewage treatment load is required. The care dwelling's
sewage management system shall be physically connected to any existing
system serving the principal dwelling; no separate utility system
or connections shall be constructed or used, unless required by the
Pennsylvania Department of Environmental Protection.
(3)
A zoning permit for a care dwelling use shall be issued under
a term of expiration of 12 months and is renewable for a successive
period(s) of 12 months upon application(s) for a zoning permit.
(a)
The initial zoning permit application shall include:
[1]
A description of written narrative containing:
[a]
The proposed use and all activities to be conducted
as part of the use;
[b]
The names and telephone numbers of all owner(s)
of the single-family dwelling;
[c]
The names and telephone numbers of all occupants
of the care dwelling;
[d]
Information demonstrating that the person meets
the definition for the use; and
[e]
A written determination from the sewage enforcement
officer.
[2]
A site plan describing the use and demonstrating compliance
with the requirements of this section.
(b)
The initial application and any application for renewal shall
include the following language and be signed:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to "Unsworn Falsification to Authorities." I understand that false
information provided on this application may result in a revocation
of the zoning permit.
J.
Concentrated Animal Operation (CAO) and Concentrated Animal Feeding
Operation (CAFO).
(1)
An application for conditional use for a CAO or CAFO use shall
include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities to be conducted
as part of the use;
[2]
Identification of all federal and state laws and regulations
applicable to the proposed use, and a description in sufficient detail
that demonstrates that the proposed use will be operated in full compliance
with the identified laws;
[3]
The names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[4]
The names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[5]
The name, street address and telephone number of the manager(s)
of the proposed use;
[6]
The name and 24/7 toll-free telephone number of the individual
responsible for receiving and responding to inquiries and complaints
regarding the operations of the proposed use.
(2)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect, showing all
lot lines; adjacent lots, their owners, and lot improvements; water
bodies and wetlands on the lot; existing and proposed easements; and
existing and proposed on-site improvements proposed for the CAO or
CAFO use.
(3)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect, demonstrating
compliance with requirements of this section and all other applicable
requirements of this chapter, including, but not limited to, the requirements
of the zoning district in which located, and applicable general requirements.
(4)
Nutrient management. This subsection applies to practices related
to the storage, handling or land application of animal manure or nutrients,
or to the construction, location or operation of facilities used for
storage of animal manure or nutrients or practices as regulated by
Pennsylvania's Nutrient Management Act and regulations promulgated
at 25 Pa. Code Chapter 83 Subchapter D (Nutrient Management).
(a)
An application for a CAO or CAFO shall include, and, upon approval
of the conditional use, the owner and operator of the use shall maintain
with the Township a current copy of the following:
[1]
A manure management plan;
[2]
A nutrient management plan;
[3]
When required by provision of the federal Clean Water Act and
promulgated regulations, a National Pollutant Discharge Elimination
System (NPDES) permit;
[4]
When required by provision of the Pennsylvania Clean Streams
Law and regulations promulgated at 25 Pa. Code §§ 91.36(a)
and 92a.29, a water quality management permit.
(b)
The CAFO/CAO use shall at all times maintain compliance with
the requirements of Pennsylvania's Nutrient Management Act and promulgated
regulations for the design, construction, location, operation, maintenance
and removal from service of manure storage facilities.
(5)
Odor management. This subsection applies to the management of
odors generated from animal housing or manure management facilities
as regulated by Pennsylvania's Nutrient Management Act and regulations
promulgated at 25 Pa. Code Chapter 83 Subchapter G (Facility Odor
Management).
(a)
A conditional use application for a CAO or CAFO shall include,
and upon approval of the conditional use, the owner and operator of
the use shall maintain with the Township a current copy of an odor
management plan.
(b)
The CAFO/CAO use shall at all times maintain compliance with
the requirements of Pennsylvania's Nutrient Management Act and promulgated
regulations for managing odors.
K.
Day-care center, children. Where permitted, a day-care center for
children shall comply with the following requirements:
(1)
An outdoor play area shall be provided, at a rate of 65 square
feet per person enrolled. An off-street parking lot shall not be used
as an outdoor play area. Outdoor play areas shall not be located within
the front setback or closer than 50 feet to a side or rear lot line.
Outdoor play areas shall be completely enclosed by a minimum four-foot
high fence. All outdoor play areas must provide a means of shade,
such as a shade tree(s) or pavilion(s), sufficient in area to accommodate
all children enrolled.
(2)
Enrollment shall be defined as the largest number of persons
under day-care supervision at any one time during a seven-day period.
(3)
Passenger drop-off areas shall be provided and arranged so that
all such activity occurs on the lot on which the use is located. Where
the building containing the day-care center is improved with a parking
lot or area, a pedestrian crossing shall be provided and clearly marked.
(4)
All day-care facilities shall obtain and maintain proper licensure
from the Commonwealth of Pennsylvania.
L.
Direct commercial sales of agricultural commodities. Where permitted,
a direct commercial sale of agricultural commodities accessory use
shall comply with the following requirements:
(1)
The lot shall be owned and operated by a landowner who produces
not less than 50% of the agricultural commodities to be sold through
the use. Such direct sales shall be authorized without regard to the
50% limitation under circumstances of crop failure due to reasons
beyond the control of the landowner.
(2)
The direct commercial sales of agricultural commodities shall
meet the parking requirements for a retail sales use as stated in
the Table of Off-Street Parking and Loading Requirements.
M.
Distribution
center.
[Added 3-17-2022 by Ord. No. 2022-03[3]]
(1)
An application for a distribution center use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities to be conducted
as part of the use;
[2]
Identification of all federal and state laws and regulations
applicable to the proposed use and description in sufficient detail
that demonstrates that the proposed use will be operated in full compliance
with the identified laws;
[3]
Identification of environmental impacts that are likely to be
generated (e.g., odor, noise, smoke, dust, litter, glare, vibration,
electrical disturbance, wastewater, stormwater, solid waste, etc.)
and specific measures employed to mitigate or eliminate any negative
impacts. The applicant shall further furnish evidence that the impacts
generated by the proposed use fall within acceptable levels, as regulated
by applicable laws and ordinances;
[4]
Names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[5]
Names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[6]
Name, street address and telephone number of the manager(s)
of the proposed use;
[7]
Name and 24/7 toll-free telephone number of the individual responsible
for receiving and responding to inquiries and complaints regarding
the operations of the proposed use; and
[8]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners, improvements
and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting access drives and interior travel aisles in sufficient
detail to illustrate truck and vehicle movement to/from and within
the property.
(c)
A landscaping plan, prepared and sealed by a professional landscape architect, demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including Article VII.
(d)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901 of this chapter.
(e)
A noise and vibration assessment study, including noise mitigation
measure, prepared and sealed by a professional acoustical engineer,
demonstrating compliance with the noise standards of this section.
(f)
A lighting plan and light impact study, prepared and sealed by a professional lighting engineer, demonstrating compliance with the lighting standards and requirements of § 110-504 of this chapter.
(g)
A scaled exterior building plan showing the location of windows,
employee/customer access doors, each door or bay for activities to
be conducted as part of the proposed use, and exterior-placed equipment
and facilities.
(h)
If the use will involve diesel-operated trucks, an anti-idling
policy, with a maximum idling time per truck of five minutes.
(2)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district. The
setback shall contain no improvements, including parking/loading areas,
utilities and stormwater management facilities, except as are determined
to be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
(3)
Noise generated from the activities at the use, including a
public address system, shall not exceed 60 dBA measured at the lot
line, but in no event shall exceed the ambient noise level, measured
at the lot line and made a part of the application, by more than 10
dBA.
(4)
The applicant shall submit qualified expert evidence of the
methods that will be used to assure that the proposed use will not
contribute materially to air pollution and demonstration that the
use will comply with all applicable Federal Environmental Protection
Agency and Pennsylvania Department of Environmental Protection air
quality standards.
(5)
Access drives used by trucks shall only intersect with arterial
roads. The use shall provide sufficiently long stacking lanes and
on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road. Any gates or other
barriers used at the entrance to parking areas shall be set back and
arranged to prevent vehicle backups onto adjoining roads during peak
arrival periods. All access drives on the same road shall be set back
at least 150 feet from one another. Vehicular access shall be so arranged
as to minimize danger and congestion along adjoining roads and to
avoid the creation of nuisances to nearby properties.
(6)
The parking, storage, and/or loading of vehicles associated
with the use shall be confined to the subject property; no satellite
parking, storage, and/or loading lots shall be permitted.
(7)
All vehicle service and/or repair activities shall be conducted
within a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
(8)
The outdoor storage of unlicensed and/or uninspected vehicles
is prohibited. The on-site demolition or junking of tractors, trailers
and machinery is prohibited.
(9)
The following shall be submitted for Township review and approval
with the application for land development plan approval:
(a)
Access drive(s) details meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy. The interior of the use shall be improved with interior travel aisles sufficient in location, dimension and construction to allow access by maintenance vehicles and emergency management vehicles.
N.
Dry cleaner, laundry and laundromat. Where permitted, a dry cleaner,
laundry or laundromat shall comply with the following requirements:
(1)
The applicant must demonstrate that adequate means of sewage
disposal and water supply will serve the proposed use.
(2)
All activities shall be conducted within a completely enclosed
building.
(3)
No exhaust ventilation equipment shall be directed toward an
adjacent lot improved with a dwelling or an adjacent unimproved lot
in a residential zoning district.
O.
Fence; wall. A fence or wall is an accessory use permitted in all
districts, subject to the following requirements.
(1)
Any fence or wall shall be durably constructed and well-maintained.
Damaged or deteriorated fences or walls, or portions thereof, shall
be repaired or dismantled within 60 days.
(2)
No fence or wall shall be erected, constructed or placed within
the existing or ultimate street right-of-way, or obstruct sight distance.
(3)
No solid fence or wall shall exceed four feet in height and
no fence constructed of materials with regular openings shall exceed
five feet in height in the minimum front setback as provided in the
Table of Dimensional Requirements. This requirement shall also apply
to all road frontages adjacent to a corner lot or reverse frontage
lot.
(4)
No fence or wall six feet or less in height shall be erected,
constructed or placed closer than five feet to a rear or side lot
line. A fence or wall over six feet in height shall comply with the
minimum side and rear setbacks for accessory uses and structures provided
in the Table of Dimensional Requirements.
P.
Gaming. A gaming use includes any and all gaming activities, whether
or not associated with another use; a gaming use does not include
small games of chance, legal lottery sales, or bingo. Where permitted,
a gaming use shall comply with the following requirements:
(1)
An application for conditional use for a gaming use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities to be conducted
as part of the use;
[2]
Identification of all federal and state laws and regulations
applicable to the proposed use, including, but not limited to, the
Pennsylvania Liquor Code,[4] and description in sufficient detail that demonstrates
that the proposed use will be operated in full compliance with the
identified laws;
[4]
Editor's Note: See 47 P.S. § 1-101 et seq.
[3]
The names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[4]
The names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[5]
The name, street address and telephone number of the manager(s)
of the proposed use;
[6]
The name and 24/7 toll-free telephone number of the individual
responsible for receiving and responding to inquiries and complaints
regarding the operations of the proposed use;
[7]
The following statement signed and dated by the applicant(s)
for conditional use:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to "Unsworn Falsification to Authorities."
(2)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect, showing all
lot lines; adjacent lots, their owners, and improvements and easements;
and existing and proposed on-site improvements on the lot proposed
for the gaming use.
(3)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect, demonstrating
compliance with requirements of this section and all other applicable
requirements of this chapter, including, but not limited to, the requirements
of the zoning district in which located, and requirements for parking,
loading, landscaping, buffers, solid waste management, lighting, and
signage. A landscape plan or that portion of the site plan showing
landscaping shall be prepared and sealed by a registered landscape
architect. A lighting plan or that portion of the site plan showing
lighting shall be prepared by a lighting professional.
(4)
A scaled interior building plan showing the location of each
activity to be conducted as part of the proposed use.
(5)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901.
(6)
The lot on which such use is conducted shall not be adjacent
to a lot improved with a dwelling or zoned residential zoning district.
(7)
The lot on which such use is conducted shall not be located
within 500 feet of any parcel of land used for the following:
(8)
The minimum off-street parking required for the gaming use is
five spaces per 100 square feet of floor area open to customers, in
addition to parking required for other principal and accessory uses
on the lot.
(9)
A two-hundred-and-fifty-foot setback shall be provided along
all lot lines and shall be measured from the lot line or ultimate
right-of-way line, whichever is applicable. The setback shall contain
no improvements, including parking/loading areas, utilities and stormwater
management facilities, except as are determined to be necessary (without
a siting alternative) to permit access drives, roads, utility and
stormwater management facilities and only to the extent such improvements
cross the perimeter setback at a perpendicular angle.
(10)
A fifty-foot buffer shall be provided along each adjacent street
and adjacent lot improved with a dwelling or zoned in a residential
zoning district.
(11)
Noise generated from the activities at the gaming use shall
not exceed 50 dBA measured at the lot line, but in no event shall
exceed the ambient noise level, measured at the lot line and made
a part of the application, by more than 10 dBA.
(12)
The use shall not operate between 11:00 p.m. and 8:00 a.m.
Q.
Gasoline service station. Where permitted, a gasoline service station
shall comply with the following requirements:
(1)
The lot shall have a minimum width of 250 feet.
(2)
The subject lot shall front on and have access from an arterial
or collector road.
(3)
The use shall not be permitted nearer than 500 feet from a lot
improved with a dwelling, historic structure, day-care (child) facility,
recreation facility, or nursing or retirement home, or an adjacent
unimproved lot in a residential zoning district.
(4)
All structures (including air compressors, kiosks, gasoline
pump islands), other than a building or sign, shall be set back 50
feet from any ultimate street right-of-way line and side or rear lot
lines.
(5)
The outdoor storage of any motor vehicles (whether capable of
movement or not) for more than one month is prohibited. Any vehicle
stored outdoors must be awaiting needed parts for repair, located
within a side or rear yard and screened from adjacent roads and lots.
(6)
No outdoor storage of auto parts shall be permitted.
(7)
The applicant shall furnish evidence that the storage, dispensing
and disposal of substances will be accomplished in a manner that complies
with state and federal regulations.
S.
Group home. Where permitted, a group home shall comply with the following
requirements:
(1)
An application for a zoning permit shall include a written narrative
describing the type of treatment/care, stating the maximum number
of residents, and identifying the sponsoring agency.
(2)
The group home shall have staff adequate in number and training
for the number and type of resident. An application for zoning permit
shall include a written statement describing the staffing, their functions
and their training, licensing and/or certifications.
(3)
The applicant shall provide the Township with the name and 24/7
toll-free telephone number of the individual responsible for the group
home.
T.
Historic building.
(1)
Purpose. In addition to serving the overall purposes of this
chapter, this subsection is intended to:
(a)
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic resources;
(b)
Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings;
(c)
Implement Sections 603(b), 603(g), 604(1) and 605(2) of the
Pennsylvania Municipalities Planning Code, which address protecting
and facilitating the preservation of historic values through zoning
and using zoning to regulate uses and structures at or near places
having unique historic, architectural or patriotic interest or value;
(d)
Establish a clear process to review and approve demolition of
historic buildings; and
(e)
Strengthen the local economy by promoting tourism, improving
property values and increasing investment in older buildings.
(2)
Where a lot adjacent to an historic building is proposed for
nonresidential use or structure:
(a)
The side and rear setback adjacent to the historic building
lot shall be increased by 50%.
(b)
The front setback shall be increased, where appropriate, so
that the new structure is placed no closer to the street than the
historic building or the front setback increased by 50%, whichever
is less.
(c)
A buffer of 25 feet or of a depth otherwise required by this
chapter, whichever is greater, shall be established adjacent to the
historic building lot and along the lot frontage.
(3)
Nomination; designation.
(a)
The Township List of Designated Historic Buildings shall include
only those buildings which have been nominated, in writing, by the
owner(s) of the building for designation as an historic building and
designated as an historic building by the Board of Supervisors.
[1]
The Township will notify the owner(s) in writing of the Board
of Supervisors' acceptance or rejection of the nomination.
[2]
The designation of a building as an historic building shall
be made of public record and recorded by the Recorder of Deeds of
Adams County. The first deed of the lot containing the historic building
that is recorded after the acceptance of the nomination and designation
of a building as an historic building shall contain the following
disclosure:
The [describe historic building] contained within the lot that
is the subject of this deed is a designated an historic building as
defined and regulated by the Zoning Ordinance of Mount Joy Township.
(b)
Upon written nomination by the owner(s) and prior to designation
as an historic building, the Historic Committee of Mount Joy Township,
if existing, shall provide a written recommendation to the Board of
Supervisors, which shall include the source(s) and criteria specified
below (whichever may be applicable) found to exist in respect to a
building nominated for designation as an historic building.
(c)
With respect to a nomination for designation as an historic
building, the Board of Supervisors shall consider one or more of the
following published sources of criteria:
[1]
The "National Register Criteria for Evaluation," adopted from
time to time by the National Register for Historical Places.
[2]
The "National Historic Landmarks Criteria for Evaluation," adopted
from time to time by the National Register for Historical Places.
[3]
The "Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings," adopted from time to time by the Secretary of
the Interior.
(4)
General provisions.
(a)
The List of Designated Historic Buildings applicable herein
shall be the List of Designated Historic Buildings duly adopted by
resolution of the Board of Supervisors.
(b)
For a building regulated by this section, all of the provisions
of the applicable underlying zoning district shall also continue to
apply, in addition to the provisions of this section. In the event
there is a direct conflict between the provisions of this section
and the underlying zoning district, the provision that is most restrictive
upon development, demolition and use shall apply.
(c)
The Zoning Officer shall have the authority to require that
an historic building be properly sealed and secured by the owner to
prevent decay from the elements and vandalism.
(d)
Any partial or complete demolition of an historic building that is visible from a public street shall only occur in compliance with Subsection T(5), below, and upon issuance of a demolition permit by the Building Code Official pursuant to the Uniform Construction Code.
(e)
DEMOLITION
DEMOLITION BY NEGLECT
MAINTENANCE AND REPAIR
PARTIAL DEMOLITION
Definitions. In addition to the definitions provided in § 110-111B, the following terms shall have the following meanings for the purposes of this section:
The dismantling, tearing down, removal or razing of the exterior
of a building, in whole or in part. This term shall not include changes
to the interior of a building, provided such changes do not alter
the structural integrity of the building.
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building to a
point that causes a need for major repair or may cause a need for
demolition.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
Partial demolition includes, but is not limited to, the removal
of an attached porch roof, removal of porch columns and removal of
architectural features.
[Amended 9-3-2020 by Ord. No. 2020-05]
(5)
Demolition of historic building.
(a)
A building regulated by this section shall not be demolished,
in whole or in part, unless the applicant proves by credible evidence
to the satisfaction of the Board of Supervisors, upon application
for a conditional use, that one or more of the following conditions
exists.
[1]
The existing building cannot feasibly and reasonably be reused,
and that such situation is not the result of intentional neglect or
demolition by neglect by the owner;
[2]
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created; and/or
[3]
The demolition is necessary to allow a project to occur that
will have substantial public benefit (such as a street improvement)
that would greatly outweigh the loss of the historic building, and
the project needs to occur at this location.
(b)
The Planning Commission and the Historic Commission, if existing,
shall review the application for demolition and provide written recommendation
to the Board of Supervisors. In reviewing the application, the Planning
Commission, Historic Commission and Board of Supervisors shall consider
the following:
[1]
The effect of the demolition on the historical significance
and architectural integrity of the surrounding area.
[2]
The feasibility of other alternatives to demolition.
[3]
The historic or historic architectural significance of the building.
[4]
The applicant shall provide credible and sufficient expert testimony
to justify any claims that a building cannot feasibly be repaired
or reused. The Board of Supervisors may require that this expert testimony
and documentation include, but not be limited to, a property appraisal,
income and expense statements for the lot, a written estimate of the
costs of rehabilitation by a qualified contractor, a written report
from a professional engineer regarding the structural soundness of
the building, testimony concerning efforts to market the lot over
time, information regarding the applicant's purchase price of the
building, and similar relevant information.
(c)
An application for partial or complete demolition of a building
regulated by this section shall not be approved unless all of the
requirements of this section have been met, including, but not limited
to, the filing of a complete application that includes the following:
[1]
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
[2]
Recent exterior photographs of the building proposed for demolition.
If the applicant is alleging that the building cannot be reused or
rehabilitated, then interior photos and floor plans shall be provided
as needed to support the applicant's claim.
[3]
A site plan drawn to scale showing existing buildings and the
proposed demolition.
[4]
A written statement of the reasons for the demolition.
[5]
The proposed use of the site, and a proposed time line for development
of that proposed use.
[6]
The proposed disposition of materials. The applicant shall show
that debris will be disposed in a legal manner. Salvage of building
materials is strongly encouraged to preserve historic features and
reduce waste, particularly including stone and beams from old barns.
(d)
The conditions that justify the proposed demolition of a building
regulated by this section shall not have been self-created by the
applicant. Self-created conditions include, but are not limited to:
(e)
Emergency. The Zoning Officer may issue a permit for the demolition
immediately if the municipal Building Inspector certifies in writing
that the building represents a clear and immediate hazard to public
safety, and that no other reasonable alternatives exist to demolition.
(f)
Exceptions. Conditional use approval is not required for the
following:
[1]
Demolition of an accessory structure that is not attached to
the principal building.
[2]
Interior renovations that do not harm the structural stability
of the building and that are not visible from a public street.
[3]
Removal or alteration of exterior features that do not harm
the structural stability of the building and that are not visible
from a public street.
[4]
Removal of exterior features that are visible from the public
street and which are not original to the building, such as a modern
porch, aluminum siding or carport.
[5]
Alteration/replacement of exterior features with materials that
have a very similar appearance to original materials as viewed from
the public street.
[6]
Change in color or window replacements, provided original size
of the window opening and original style of the window shall be maintained.
[7]
Maintenance and repair.
[8]
Relocation of an historic building within the Township, provided
that the relocation does not result in a partial or complete demolition
that is regulated by this section.
(6)
Additional uses allowed within an historic building.
(b)
To be eligible for the foregoing additional uses, the applicant
shall demonstrate that the exterior of the building as visible from
public streets will be rehabilitated and/or maintained in general
conformance with the Secretary of the Interior's standards for historic
rehabilitation, and accompanying guidelines published by the National
Park Service, and that any exterior repairs, alterations and additions
visible from a public street will be in conformance with such standards
and guidelines.
[1]
The applicant shall submit plans showing the design and materials
of any exterior changes to the building that are visible from a public
street.
[2]
The applicant shall provide a written certification by a registered
architect with substantial experience in the rehabilitation of historic
buildings that states that such rehabilitation will be consistent
with such standards. An applicant is not required to use original
materials, provided the materials have a closely similar appearance
as original materials as viewed from the street.
[3]
The exterior shall be rehabilitated with an historic character
that preserves the appearance, when viewed from a public street, of
architecturally significant features. However, this does not require
that every detail of the building be restored, and allows replacement
of original materials with new materials with very similar appearances.
Window replacements shall maintain the original size of window openings
and style of windows.
[4]
Additions to the historic building must be in conformance with
such federal standards and necessary for the reasonable reuse of the
building.
(c)
The additional use of an historic building must satisfy all
specific and general requirements and standards applicable to such
use.
U.
Hotel or motel. Where permitted, a hotel or motel use shall comply
with the following requirements:
(1)
Recreational facilities that are an accessory use to the principal
hotel or motel are permitted, provided that their use is limited to
guests of the hotel/motel.
(2)
A standard restaurant use that is an accessory use to the hotel
or motel is permitted, subject to compliance with the parking requirements
for a restaurant. A sign for the restaurant is permitted so long as
the requirements for signage on the lot are not exceeded.
V.
Junkyard. See also Chapter 58, Junk Dealers and Junkyards. Where permitted, a junkyard use shall meet the following requirements:
(1)
The minimum lot area of a junkyard shall be 10 acres.
(2)
The maximum size of a junkyard shall be 25 acres.
(3)
Outdoor storage shall be completely enclosed by a fifty-foot
buffer, except in those areas where outdoor storage is not visible
from a lot line or street.
(4)
Secure fencing with a minimum height of seven feet shall be
provided and maintained around all outdoor storage areas. Where a
buffer is required, the fencing shall be located on the inside of
the buffer.
(5)
Burning or incineration of vehicles, tires and other material
collected, stored or maintained at the junkyard is prohibited.
(6)
All batteries shall be removed and all fluids drained from vehicles
and properly stored in a suitable containment area or facility.
W.
Kennel. Where permitted, a kennel use shall comply with the following
requirements:
(1)
The owner/operator shall demonstrate that the proposed use complies
with the regulatory controls of the Pennsylvania Department of Agriculture
under the Pennsylvania Dog Law[5] and any other laws which are applicable from time to time
and which are administered in whole or in part by the Pennsylvania
Department of Agriculture.
[5]
Editor's Note: 3 P.S. § 459-101 et seq.
(2)
The maximum number of animals shall be determined by the Board
of Supervisors in accordance with the type of animal to be housed
or bred, guidelines of recognized organizations concerned with the
breeding of animals and the prevention of cruelty to animals, and
the nature and character of the surrounding neighborhood. In no event
shall the maximum number of animals exceed 100 animals, including
puppies.
(3)
Each kennel shall apply for an annual license from the Township
to ensure compliance with the operational requirements of this section.
Each license application shall be accompanied by an administrative
fee, which amount shall be set by and may be amended from time to
time by resolution of the Board of Supervisors. A license may be revoked
at any time if standards are not being met, provided the owner has
been given a written warning and reasonable opportunity to correct
any deficiencies.
(4)
The following are the required minimum lot sizes for a kennel
based upon the number of animals kept:
|
Type and Number of Animals Kept
|
Minimum Required Lot Area
(acres)
|
|---|---|
|
1 dog to 25 dogs
|
3
|
|
26 dogs to a maximum of 50 dogs
|
5
|
|
51 dogs to a maximum of 100 dogs
|
15
|
(5)
A kennel shall comply with the following setback requirements:
|
Setback From*
|
Fully Enclosed Facility
(feet)
|
Unenclosed or Partially Enclosed Facility
(feet)
|
|---|---|---|
|
Lot lines within the same zoning district
|
60
|
100
|
|
Lot lines adjacent to an unimproved lot in a residential zoning
district
|
100
|
300
|
|
Dwellings other than on the kennel lot
|
200
|
350
|
|
* The setback requirements shall apply to a building, structure,
outdoor exercise area, dog run, and waste disposal area.
|
(6)
A kennel shall be operated so as to prevent the barking of dogs
at such levels as to be unreasonably annoying to the residents of
neighboring lots. If complaints are received by the Zoning Officer
and such complaints are determined to be well-founded, the Zoning
Officer may require that the kennel be modified to provide a fully
enclosed structure and that animals be housed in such structure or
to provide such other appropriate physical improvements reasonably
designed to resolve the barking impacts. It shall be unlawful to own,
harbor or keep in custody any dog that disturbs the peace by barking
between the hours of 7:00 a.m. and 8:00 p.m. continuously for more
than 15 minutes or for periods of five or more minutes more than five
times a day. Such behavior shall be deemed to disturb the peace and
create a nuisance by causing the annoyance and discomfort of persons
of the Township. It shall be unlawful to own, harbor or keep in custody
any dog that disturbs the peace by barking between the hours of 8:00
p.m. and 7:00 a.m. Such behavior shall be deemed to disturb the peace
and create a nuisance by causing annoyance and discomfort of persons
in the Township.
(7)
A kennel shall be adequately sound-proofed so that sound generated
within a structure cannot be perceived at the lot lines.
(8)
Outdoor exercise or running areas shall be fenced and the fencing
shall be of a material and height suitable to contain the animals.
(9)
The applicant for a zoning permit for the use must furnish to the Township a plan for the storage and disposal of animal waste. All animal waste shall be regularly removed from the areas used to house or exercise the animals and disposed of in accordance with current Pennsylvania law. On-lot disposal shall meet the setback requirements of Subsection W(5).
(10)
The applicant for a zoning permit for the use must furnish to
the Township a plan for the storage and disposal of deceased animals
within 24 hours of an animal's death. On-lot composting of animal
carcasses is not permitted.
(11)
No kennel shall be operated which lacks a full-time resident
manager authorized to address noise or other impacts on adjacent lots
and unsecured animals. The applicant must publish and maintain a toll-free
telephone number manned 24 hours a day/seven days a week.
(12)
The owner of the lot and the owner/operator of the kennel shall
be jointly and severally responsible for the exercise of suitable
control over the animals and shall not allow a nuisance condition
to be created in terms of noise, waste or odor.
(13)
The applicant shall, as part of the application for the zoning
permit and in writing, set forth those measures that will ensure that
the proposed use will comply with the safeguards and requirements
in this section.
X.
Limited lodging as accessory use to dwelling use. Where permitted,
a limited lodging accessory use shall comply with the following requirements:
(1)
Definition. Limited lodging is the accessory use of a dwelling
unit, for temporary rental, for residential occupancy.
(2)
A dwelling unit may be used for limited lodging only upon compliance
with all of the following minimum requirements:
(a)
Submission of a complete application for zoning permit for the
limited lodging accessory use, which application shall contain sufficient
information to demonstrate compliance with applicable requirements
of this chapter.
(c)
The zoning permit application shall include a site plan that
indicates the location, size and, where required, landscaping of all
parking spaces required for the principal residential use and proposed
limited lodging use.
(d)
Where the lot proposed for the limited lodging accessory use
is served by an on-lot septic system, the application for zoning permit
shall include a written determination from the Township Sewage Enforcement
Officer that the on-lot system is adequately sized and designed to
handle the additional sewage treatment load.
(e)
The principal use of the dwelling unit is residential occupancy
by a primary resident, either the owner or lessee (by operation of
a written lease of duration for periods of no less than one year)
of the lot on which the dwelling unit is located.
(f)
Limited lodging shall only be permitted as an accessory use
to the dwelling unit. The dwelling unit and limited lodging shall
function as a single dwelling unit with housekeeping facilities in
common.
(g)
The primary resident of the dwelling unit operates the accessory
limited lodging use. If the primary resident is not the owner of the
lot, a written agreement by the owner of the lot to the limited lodging
use of the lot and its operation by the primary resident is required.
Such written agreement shall be submitted to the Township with the
application for a zoning permit for the limited lodging use and by
January 10 of each successive year of the use.
(h)
The accommodation of visitors is for a total of 90 or fewer
days per year, provided the provision of lodging to any individual
visitor is for no more than 30 consecutive days.
(i)
No more than four adult visitors are permitted during concurrent
periods of occupancy. The number of minor children accompanying the
adult visitors is not limited.
(j)
In addition to the required number of parking spaces for the
principle residential use, one on-site parking space shall be provided
for each bedroom available for the limited lodging accessory use.
No new parking space proposed to meet this requirement shall be located
closer than:
[1]
Twenty-five feet to a public street. The required 25 feet shall
be measured from the existing right-of-way or the ultimate right-of-way,
whichever is larger.
[2]
Twenty-five feet to the lot line of an adjacent lot improved
with a dwelling or an adjacent unimproved lot in a residential zoning
district.
[3]
Where the siting of the parking space would result in the shining
of vehicle lights on an adjacent lot, the parking space shall be screened
from that dwelling to a height of 36 inches by means of plants or
a constructed wall or a solid fence.
(k)
Smoke alarms and carbon monoxide alarms shall be installed throughout
the unit in number and siting compliant with the then-current Uniform
Construction Code and associated regulations.
(l)
The limited lodging use shall not require or result in changes
to the residential character of the building in which it is conducted.
No separate building entrance that is visible from a public street
may be provided for the sole use of the limited lodging visitor.
(m)
The limited lodging use shall not adversely affect the residential
character of the neighborhood; for example, noise, odors, trash, light,
glare, or other effects that unreasonably interfere with any person's
enjoyment of his or her dwelling.
(n)
No signage related to the limited lodging use is permitted.
(o)
Visitors shall be notified of the solid waste and recycle collection
days for the lot. Proper solid waste collection containers shall be
provided for the visitors' use.
(p)
The primary resident operating the limited lodging use shall
make and maintain records pertaining to the use and occupancy of the
dwelling for limited lodging purposes. The owner of the lot, if not
the primary resident, is jointly responsible for the making and maintaining
of the records.
(q)
The required records shall demonstrate primary residency; the
dates of limited lodging; and the number and names of visitors by
date of limited lodging.
(r)
Records of the limited lodging use operations in a prior calendar
year shall be submitted to the Zoning Officer no later than January
10 of the following calendar year.
(s)
Within the current calendar year, records relating to the conduct
of the limited lodging use operated within that year to date shall
be submitted to the Township upon written request of the Zoning Officer.
(u)
The primary resident and the owner of the lot (if not the primary
resident) shall provide contact information to the limited lodging
visitors for the purpose of submitting and responding to complaints
regarding the condition, operation or conduct of the occupants of
the dwelling and the primary resident and owner of the lot shall have
the responsibility to take action to resolve such complaints.
(v)
The primary occupant and the owner of the lot shall post in
a conspicuous place to the limited lodging visitors the following
emergency contact information:
[1]
The street address of the lot;
[2]
The name and telephone number of an emergency contact, in the
absence or unavailability of the primary resident;
[3]
The name and telephone number of the owner of the lot (if not
the primary resident); and
[4]
The names and numbers of fire, EMT and ambulance services.
Y.
Manufacturing,
heavy.
[Added 3-17-2022 by Ord. No. 2022-03[6]]
(1)
An application for a heavy manufacturing use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities to be conducted
as part of the use;
[2]
Identification of all federal and state laws and regulations
applicable to the proposed use and description in sufficient detail
that demonstrates that the proposed use will be operated in full compliance
with the identified laws;
[3]
Identification of environmental impacts that are likely to be
generated (e.g., odor, noise, smoke, dust, litter, glare, vibration,
electrical disturbance, wastewater, stormwater, solid waste, etc.)
and specific measures employed to mitigate or eliminate any negative
impacts. The applicant shall further furnish evidence that the impacts
generated by the proposed use fall within acceptable levels, as regulated
by applicable laws and ordinances;
[4]
Names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[5]
Names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[6]
Name, street address and telephone number of the manager(s)
of the proposed use;
[7]
Name and 24/7 toll-free telephone number of the individual responsible
for receiving and responding to inquiries and complaints regarding
the operations of the proposed use; and
[8]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners, improvements
and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting access drives and interior travel aisles in sufficient
detail to illustrate truck and vehicle movement to/from and within
the property.
(c)
A landscaping plan, prepared and sealed by a professional landscape architect, demonstrating compliance with requirements of this section and all other requirements of this chapter, including Article VII.
(d)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901 of this chapter.
(e)
A noise and vibration assessment study, including noise mitigation
measure, prepared and sealed by a professional acoustical engineer,
demonstrating compliance with the noise standards of this section.
(f)
A lighting plan and light impact study, prepared and sealed by a professional lighting engineer, demonstrating compliance with the lighting standards and requirements of § 110-504 of this chapter.
(g)
A scaled exterior building plan showing the location of windows,
employee/customer access doors, each door or bay for activities to
be conducted as part of the proposed use, and exterior-placed equipment
and facilities.
(2)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district. The
setback shall contain no improvements, including parking/loading areas,
utilities and stormwater management facilities, except as are determined
to be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
(3)
Noise generated from the activities at the use, including a
public address system, shall not exceed 60 dBA measured at the lot
line, but in no event shall exceed the ambient noise level, measured
at the lot line and made a part of the application, by more than 10
dBA.
(4)
Access drives used by trucks shall only intersect with arterial
roads. The use shall provide sufficiently long stacking lanes and
on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road. Any gates or other
barriers used at the entrance to parking areas shall be set back and
arranged to prevent vehicle backups onto adjoining roads during peak
arrival periods. All access drives on the same road shall be set back
at least 150 feet from one another. Vehicular access shall be so arranged
as to minimize danger and congestion along adjoining roads and to
avoid the creation of nuisances to nearby properties.
(5)
The following shall be submitted for Township review and approval
with the application for land development plan approval:
(a)
Access drive(s) details meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy. The interior of the use shall be improved with interior travel aisles sufficient in location, dimension and construction to allow access by maintenance vehicles and emergency management vehicles.
Z.
Manufacturing,
light.
[Added 3-17-2022 by Ord. No. 2022-03[7]]
(1)
An application for light manufacturing use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities to be conducted
as part of the use;
[2]
Names, street addresses and telephone numbers of all owner(s)
of the proposed use;
[3]
Names, street addresses and telephone numbers of all operator(s)
of the proposed use;
[4]
Name, street address and telephone number of the manager(s)
of the proposed use;
[5]
Name and 24/7 toll-free telephone number of the individual responsible
for receiving and responding to inquiries and complaints regarding
the operations of the proposed use; and
[6]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners, improvements
and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting access drives and interior travel aisles in sufficient
detail to illustrate truck and vehicle movement to/from and within
the property.
(c)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district. The
setback shall contain no improvements, including parking/loading areas,
utilities and stormwater management facilities, except as are determined
to be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
AA.
Motor
freight terminal.
[Added 3-17-2022 by Ord. No. 2022-03[8]]
(1)
An application for a motor freight terminal use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities
to be conducted as part of the use;
[2]
Identification of all federal and state laws and
regulations applicable to the proposed use and description in sufficient
detail that demonstrates that the proposed use will be operated in
full compliance with the identified laws;
[3]
Identification of environmental impacts that are
likely to be generated (e.g., odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impacts. The applicant shall further furnish evidence that
the impacts generated by the proposed use fall within acceptable levels,
as regulated by applicable laws and ordinances;
[4]
Names, street addresses and telephone numbers of
all owner(s) of the proposed use;
[5]
Names, street addresses and telephone numbers of
all operator(s) of the proposed use;
[6]
Name, street address and telephone number of the
manager(s) of the proposed use;
[7]
Name and 24/7 toll-free telephone number of the
individual responsible for receiving and responding to inquiries and
complaints regarding the operations of the proposed use; and
[8]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting tractor and trailer parking areas.
[4]
Depicting access drives and interior travel aisles
in sufficient detail to illustrate truck and vehicle movement to/from
and within the property.
(c)
A landscaping plan, prepared and sealed by a professional landscape architect, demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including Article VII.
(d)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901 of this chapter.
(e)
A noise and vibration assessment study, including noise mitigation
measure, prepared and sealed by a professional acoustical engineer,
demonstrating compliance with the noise standards of this section.
(f)
A lighting plan and light impact study, prepared and sealed by a professional lighting engineer, demonstrating compliance with the lighting standards and requirements of § 110-504 of this chapter.
(g)
If the use will involve diesel-operated trucks, an anti-idling
policy, with a maximum idling time per truck of five minutes.
(2)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district or an
unimproved lot in a residential zoning district. The setback shall
contain no improvements, including parking/loading areas, utilities
and stormwater management facilities, except as are determined to
be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
(3)
Noise generated from the activities at the use shall not exceed
60 dBA measured at the lot line, but in no event shall exceed the
ambient noise level, measured at the lot line and made a part of the
application, by more than 10 dBA.
(4)
The applicant shall submit qualified expert evidence of the
methods that will be used to assure that the proposed use will not
contribute materially to air pollution and demonstration that the
use will comply with all applicable Federal Environmental Protection
Agency and Pennsylvania Department of Environmental Protection air
quality standards.
(5)
Access drives used by trucks shall only intersect with arterial
roads. The use shall provide sufficiently long stacking lanes and
on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking or loading/unloading
shall be permitted on or along any public road. Any gates or other
barriers used at the entrance to parking areas shall be set back and
arranged to prevent vehicle backups onto adjoining roads during peak
arrival periods. All access drives on the same road shall be set back
at least 150 feet from one another. Vehicular access shall be so arranged
as to minimize danger and congestion along adjoining roads and to
avoid the creation of nuisances to nearby properties.
(6)
The parking, storage, and/or loading of vehicles associated
with the use shall be confined to the subject property; no satellite
parking, storage, and/or loading lots shall be permitted.
(7)
All vehicle service and/or repair activities shall be conducted
within a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
(8)
The outdoor storage of unlicensed and/or uninspected vehicles
is prohibited. The on-site demolition or junking of tractors, trailers
and machinery is prohibited.
(9)
The following shall be submitted for Township review and approval
with the application for land development plan approval:
(a)
Access drive(s) details meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy. The interior of the use shall be improved with interior travel aisles sufficient in location, dimension and construction to allow access by maintenance vehicles and emergency management vehicles.
BB.
No-impact home-based business. A no-impact home-based business is
a permitted use in all districts when in compliance with the following
requirements.
(1)
The business or commercial activity must satisfy the requirements
set forth in the then-current Section 107(a) of the MPC. As of the
date of adoption of this chapter, the requirements stated in Section
107(a) of the MPC are:
(a)
The business activity shall be compatible with the residential
use of the lot and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity many not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(2)
In addition, a no-impact home-based business shall comply with
the following requirements:
(a)
A no-impact home-based business may be conducted in an accessory structure to the dwelling, subject to the habitable floor area occupancy standard set forth in Subsection BB(1)(g) above. If more than one no-impact home-based business is conducted on a lot, the total aggregate floor area per lot for the no-impact home-based businesses, whether conducted in the dwelling or in an accessory structure, shall not exceed 25% of the total floor area of the dwelling.
(b)
For purposes of Subsection BB(1)(a) above, a no-impact home occupation includes the following and similar activities:
(c)
The no-impact home-based business use shall not require the
operation of a commercial vehicle.
(d)
The no-impact home-based use shall not require the delivery
or shipment of materials, except by services typical of a dwelling
use such as the United States Postal Service and United Parcel Service.
(e)
For purposes of Subsection BB(1)(e) above, "detectable in the neighborhood" shall mean detectable at the lot line; provided, however, in the case of multiple dwelling units on the same lot, "detectable in the neighborhood" shall also mean by a resident of the other dwelling units. In either case, "detectable in the neighborhood" shall mean between the hours of 7:00 p.m. and 8:00 a.m. Monday through Saturday or between the hours of 6:00 p.m. and 11:00 a.m. on Sunday and a federally recognized holiday.
CC.
Pets (keeping of) as accessory use to dwelling use. The keeping of
pets is a permitted accessory use to a dwelling use in all districts,
subject to the following:
(1)
For purposes of this section:
(a)
"Pet" means an animal which is domesticated and compatible with a dwelling use, including, but not limited to, dogs, cats, fish, birds, and reptiles, but not including livestock; provided that the keeping of horses for personal use by the occupant of the dwelling use is included, subject to the requirement of § 110-402NN(1); and
(b)
The keeping at a dwelling unit of a combined number of dogs
and/or cats over the age of six months exceeding five in number is
a kennel.
(2)
The keeping of pets in a manner that creates a nuisance, including,
but not limited to, noise and odor, a health hazard, or a public safety
hazard, is prohibited.
DD.
(Reserved)
EE.
Planned golf community (PGC). A planned golf community formed pursuant
to § 110-70 of the former Zoning Ordinance shall, after
the date of enactment of this chapter, be a lawfully existing permitted
conditional use. The use shall be limited to the lot delineated in
any PGC conditional use approval granted, and for which approval has
not expired, prior to the adoption of this chapter. Any provision
of former § 110-70 conflicting with this area limitation
shall not be applicable following the enactment of this chapter. Except
as provided in this section, future development within the existing
PGC shall be regulated by the procedures and requirements set forth
in former § 110-70, incorporated herein by reference.
FF.
Place of worship. Where permitted, a place of worship use shall meet
the following requirements:
(1)
The minimum lot area for the use shall be as required by the
Table of Dimensional Requirements or two acres, whichever is larger.
(2)
A maximum of one dwelling unit may be accessory to a place of
worship, provided the dwelling is located on the same lot and meets
the area and other bulk requirements and parking requirements for
a dwelling in the zoning district.
(3)
Outdoor areas intended for assembly (regardless of purpose),
worship, recreation and/or camping shall meet the requirements for
such uses as principal uses.
(4)
All schools, nursery, day-care and after school day-care uses
accessory to the place of worship shall be located upon the same lot
as the place of worship. An outdoor play area shall be provided, at
a rate of 65 square feet per individual enrolled. Off-street parking
lots shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front setback and must be set back 50 feet
from all lot lines. Outdoor play areas shall be completely enclosed
by a minimum four-foot high fence. Unless the applicant can demonstrate
that the off-street parking associated with the place of worship is
sufficient for the proposed use, one off-street parking space shall
be provided for each six students enrolled. Enrollment shall be defined
as the largest number of students and/or children under day-care supervision
at any one time during a seven-day period.
(5)
Passenger "drop-off" areas for the place of worship and any
accessory uses shall be provided and arranged so that all such activity
occurs on the lot and without obstruction to the public street. Where
the building containing the place of worship is improved with a parking
lot or area, a pedestrian crossing shall be provided and clearly marked.
GG.
Racetrack. Where permitted, a racetrack shall meet the following
requirements:
(1)
The minimum lot area for this use is 25 acres.
(2)
Application for zoning permit for a racetrack use shall include:
(a)
A written narrative containing:
[1]
A description of all activities to be conducted
as part of the racetrack;
[2]
Name and 24/7 toll-free telephone number of the
individual responsible for receiving and responding to inquiries and
complaints regarding the operations of the proposed use; and
[3]
The following statement signed and dated by the
applicant(s):
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer
or registered and licensed surveyor or landscape architect, showing
all lot lines; adjacent lots, their owners, improvements and easements;
and existing and proposed on-site improvements and easements.
(c)
A site plan, prepared and sealed by a professional engineer
or registered and licensed surveyor or landscape architect, demonstrating
compliance with requirements of this section and all other applicable
requirements of this chapter, including, but not limited to, the requirements
of the zoning district in which located, parking, landscaping and
signage. A landscape plan or that portion of the site plan showing
landscaping shall be prepared and sealed by a registered and licensed
landscape architect.
(d)
A noise assessment and mitigation plan, prepared and sealed
by a professional acoustical engineer, demonstrating compliance with
the noise standards of this section.
(e)
A dust control plan, demonstrating compliance with the dust
standards of this section.
(g)
A traffic study, prepared and sealed by a professional traffic
engineer, if the proposed use requires a DOT highway occupancy permit
or otherwise will generate more than 100 trips per day.
(3)
Except as otherwise provided herein, a five-hundred-foot setback
shall be provided along all lot lines and shall be measured from the
lot line or ultimate right-of-way line, whichever is applicable. A
seven-hundred-fifty-foot setback shall be provided along all lot lines
adjacent to a lot improved with a dwelling or in a residential zoning
district. The perimeter setback shall contain no improvements, including
parking/loading areas, utilities and stormwater management facilities,
except as are determined to be necessary (without a siting alternative)
to permit access drives, roads, utility and stormwater management
facilities and only to the extent such improvements cross the perimeter
setback at a perpendicular angle.
(4)
A fifty-foot buffer shall be provided along each adjacent public
road and all lot lines of an adjacent lot improved with a dwelling
or zoned a residential zoning district. The fifty-foot buffer along
a public street shall begin at the ultimate right-of-way.
(5)
The racetrack shall be sited as centrally as feasible within
the lot.
(6)
A solid wall or solid fence 15 feet in height shall be placed
along the perimeter of and in near proximity to the constructed track.
(7)
Dust from the track shall be managed so that no dust is observable
at the lot line.
(8)
Noise generated from the activities of the racetrack use shall
not exceed 60 dBA measured at the lot line, but in no event shall
exceed the ambient noise level, measured at the lot line and existing
at the time of submission of the zoning application, by more than
10 dBA.
(9)
The use shall be conducted only between the hours of 9:00 a.m.
and 10:00 p.m. Monday through Thursday, between the hours of 9:00
a.m. and 12:00 midnight Friday and Saturday, and between the hours
of 12:00 noon and 10:00 p.m. on Sundays or nationally recognized holidays,
unless more restrictive hours are established as a condition of any
needed approval.
HH.
Recreation facility.
(1)
The maximum area of this use is 10 acres.
(2)
The lot shall front on and have access from an arterial or collector
road.
(3)
Any outdoor activity area shall be located no closer to any
lot line than the required front setback.
(4)
A fifty-foot-wide perimeter buffer shall be required for any
outdoor recreation use.
(5)
No portion of an outdoor recreation use shall be located within
250 feet of a lot improved with a dwelling or an adjacent unimproved
lot in a residential zoning district.
(6)
Noise generated from the activities of the recreation use shall
not exceed 60 dBA measured at the lot line, but in no event shall
exceed the ambient noise level, measured at the lot line and existing
at the time of submission of the zoning application, by more than
10 dBA. Sound mitigation controls shall be provided to protect the
neighborhood from any unreasonably annoying noise impacts.
(7)
A site plan demonstrating compliance with the requirements of
this chapter shall be submitted.
(9)
The use shall be conducted only between the hours of 9:00 a.m.
and 10:00 p.m. Monday through Saturday and the hours of 11:00 a.m.
and 10:00 p.m. on Sundays or nationally recognized holidays, unless
more restrictive hours are established as a condition of any needed
approval.
(10)
A restaurant, tavern, retail store, target range, or campground
use shall only be allowed if permitted in the zoning district and
if all requirements for such use set forth in this chapter also are
met.
(11)
Between 8:00 a.m. and 10:00 p.m., the use may not generate noise
in excess of 10 dbA of the ambient noise level measured at the lot
line at the time of application and at any other time may not generate
noise in excess of ambient noise levels measured at the lot line at
the time of application.
(12)
Those uses involving extensive outdoor activities shall provide
sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjacent lots.
(13)
The maximum permitted height for any structures can exceed 45
feet provided:
(a)
That such structures shall not be used for occupancy:
(b)
That the proposed structure is set back a horizontal distance
at least equal to its height from each lot line;
(c)
The applicant must demonstrate that adequate emergency vehicles
and equipment and/or employed fire suppression measures are available;
and
(d)
The applicant must demonstrate compliance with the BOCA National
Fire Prevention Code, 1999, as may be amended.
(14)
The applicant shall furnish qualified written evidence regarding
the character of the proposed use and management strategies to assure
that activities conducted upon the site will not be detrimental to
the use of adjacent lots due to hours of operation, noise, solid waste,
and dust.
(15)
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
back-ups on adjacent public streets during peak arrival periods based
on projected attendance. Any other collection of fees (roaming parking
lot attendants) shall be conducted in a manner to prevent vehicle
back-ups on adjacent public streets. If, at any time after the opening
of the commercial recreation facility, the Zoning Officer determines
that traffic backups are occurring on adjacent public streets, and
such backups are directly related to the means of access to the subject
lot, the applicant shall be required to revise means of access to
the lot to relieve the undue congestion and obstruction.
(16)
Any outside pedestrian waiting lines shall be provided with
a means of shade.
II.
Restaurant. Where permitted, a restaurant shall comply with the following
requirements.
(1)
The lot must front on and have access to an arterial or collector
road.
(2)
An application for a zoning permit shall include a plan for
the management of solid waste collection and disposal.
(a)
Outdoor solid waste receptacles shall be provided in sufficient
number and location convenient for the patrons. Such receptacles shall
be maintained in a manner that prevents overflow and improper disposal
of waste.
(b)
Dumpsters shall be sized and located to prevent the improper
collection or dispersal of solid waste outside of the dumpster. Dumpsters
shall be enclosed with solid masonry walls or weather-resistant fencing,
constructed to a height that meets or exceeds the height of the dumpster,
with an operating access door that shall remain closed and secured
at all times, excepting during periods of disposal. Dumpsters shall
at all times be managed to prevent overflow and improper disposal
of waste.
(3)
All exterior seating/play areas shall be enclosed by a minimum
three-foot high wall or fence.
(4)
Any exterior speaker/microphone shall be located, arranged and
operated so that there is no increase in noise levels above ambient
noise levels measured at the lot line. Documentation of ambient noise
levels shall be submitted with the zoning application.
(5)
Drive-through window lanes shall be separated from the parking
lot's interior accessways and shall provide at least 200 feet of on-site
stacking per lane preceding the food order location. Each drive-through
lane shall have on-site directional signs, indicator lights or pavement
markings identifying the direction of travel and lane status (i.e.,
open or closed).
JJ.
Self-storage.
(1)
An application for storage facility use shall include:
[Added 3-17-2022 by Ord. No. 2022-03[9]]
(a)
A written narrative containing a description of the proposed use
and all activities to be conducted as part of the use.
(b)
A site plan, prepared and sealed by a professional engineer, registered
and licensed surveyor or landscape architect, showing:
[1]
All lot lines; adjacent lots, their owners, improvements and easements;
and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting access drives and interior travel aisles in sufficient
detail to illustrate vehicle movement to/from and within the property.
[9]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection JJ(1) through (6) as Subsection JJ(2) through
(7), respectively.
(2)
All storage units shall be fire-resistant and water-resistant.
(3)
The maximum building length shall be 200 feet. The minimum separation
between buildings shall be 25 feet.
(4)
No outdoor storage shall be permitted.
(5)
Outdoor solid waste receptacles shall be provided in sufficient
number and location convenient for the patrons. Such receptacles shall
be maintained in a manner that prevents overflow and improper disposal
of waste.
(6)
Storage of solid waste, radioactive or highly toxic substances,
explosives or flammable materials, hazardous substances, animal carcasses
or similar items shall not be permitted on the lot or within the structures.
(7)
Repair work on vehicles shall not be permitted to be conducted
on the lot or within the structures.
(8)
Travel aisles and parking areas shall be maintained in a dust-free
condition.
[Added 3-17-2022 by Ord. No. 2022-03]
KK.
Specialized village shopping center (SVSC). A specialized village
shopping center use formed pursuant to § 110-83 of the former
Zoning Ordinance shall, after the date of enactment of this chapter,
be a lawfully existing permitted conditional use. The SVSC use shall
be limited to the lot delineated in any SVSC conditional use approval
granted and for which approval has not expired prior to the adoption
of this chapter; any provision of former § 110-83 which
conflicts with this area limitation shall not be applicable after
the enactment of this chapter. Except as provided in this section,
future development within the existing SVSC use shall be regulated
by the procedures, standards and requirements set forth in former
§ 110-83, incorporated herein by reference.
LL.
Sober living residence. Where permitted, a dwelling unit may be used
as a sober living residence use only upon compliance with the following
requirements:
(1)
Definition. A residential facility (including facilities referred
to as recovery and halfway houses) where individuals reside together
either voluntarily or by court order in order to recover from drug,
alcohol and/or substance abuse and move toward sobriety. The primary
purpose of the facility is to serve as an interim residence between
a facility offering treatment and licensed and regulated by the Pennsylvania
Department of Drug and Alcohol Programs and a residence occupied for
purposes of reintegration into the community.
(2)
Submission of a complete application for zoning permit for the
sober living residence use, which application shall contain sufficient
information to demonstrate compliance with the definition of sober
living residence and applicable requirements of the Ordinance and
shall include the following:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities
to be conducted as part of the use;
[2]
Identification of all federal and state laws and
regulations applicable to the proposed use and description in sufficient
detail that demonstrates that the proposed use will be operated in
full compliance with the identified laws;
[3]
The names, street addresses and telephone numbers
of all owner(s) of the proposed use;
[4]
The names, street addresses and telephone numbers
of all operator(s) of the proposed use;
[5]
The name, street address and telephone number of
the manager(s) of the proposed use;
[6]
The name and 24/7 toll-free telephone number of
the individual responsible for receiving and responding to inquiries
and complaints regarding the operations of the proposed use;
[7]
The following statement signed and dated by the
applicant(s) for conditional use:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to "Unsworn Falsification to Authorities." I understand that false
information provided on this application may result in a revocation
of the zoning permit.
(c)
A site plan drawn to scale that indicates the location, size
and, where required, landscaping of all parking spaces required for
the sober living residence use.
(d)
Where the lot proposed for the sober living residence use is
served by an on-lot septic system, a written determination from the
Township Sewage Enforcement Officer that the on-lot system is adequately
sized and designed to handle the proposed sewage treatment load.
(3)
The maximum number of individuals residing in a sober living
residence shall not exceed six individuals.
(4)
No sober living residence shall be located within 1,000 feet
of any use operating under a liquor license.
(5)
A sober living residence must operate under a written set of
restrictions, including, but not limited to, curfews, community service
obligations, attendance at a twelve-step or similarly purposed program,
and prohibited use (on- and off-site) of drugs and alcohol. Such written
set of restrictions must be provided to the Township with the application
and kept current during the operations of the sober living residence
use.
(6)
The minimum off-street parking required for the sober living
residence includes:
(a)
Two parking spaces; plus
(b)
One space for every two residents (excluding the owner, lessee
or full-time resident manager or operator), unless satisfactory proof
is submitted showing that one or more residents are incapable or not
permitted to operate a motor vehicle during the period of residency
at the facility; plus
(c)
One space for each nonresident operator or manager and recovery
services provider scheduled to be on site concurrently.
(7)
No new parking space proposed to meet the parking requirement
shall be located closer than:
(a)
Twenty-five feet to a public street. The required 25 feet shall
be measured from the existing right-of-way or the minimum ultimate
right-of-way, whichever is larger.
(b)
Twenty-five feet to the lot line of an adjacent lot improved
with a dwelling or an adjacent unimproved lot in a residential zoning
district.
(8)
Where the siting of the parking space will result in the shining
of vehicle lights on an adjacent lot, the parking space shall be screened
from that dwelling to a height of 36 inches by means of plants or
a constructed wall or a solid fence.
(9)
Smoke alarms and carbon monoxide alarms shall be installed throughout
the dwelling unit in number and siting compliant with the then-current
Uniform Construction Code and associated regulations.
(10)
The sober living residential use may not adversely affect the
residential character of the neighborhood. The use may not generate
noise, odors, solid waste, light, glare, or other effects that unreasonably
interfere with any person's enjoyment of his or her residence.
(11)
Residents shall be notified of the solid waste and recyclables
collection days for the lot. Proper solid waste disposal containers
shall be provided for the residents' use.
(12)
The owner/operator of the use shall make and maintain records
pertaining to the use and occupancy of the dwelling for the sober
living residence use.
(a)
Records of the sober living residence use operations in a prior
calendar year shall be submitted to the Township Zoning Officer no
later than January 10 of the following calendar year.
(b)
Such records shall be retained for a period of two years. The
owner of the lot and the owner/operator of the use jointly shall be
responsible for compliance with this requirement.
(13)
The owner/operator of the use shall provide contact information
to the residents for the purpose of submitting and responding to complaints
regarding the condition and operation of the dwelling or conduct of
the residents of the dwelling and shall have the responsibility to
take action to resolve such complaints.
[Amended 9-3-2020 by Ord. No. 2020-05]
(14)
Posting of information.
(a)
The owner of the lot or owner/operator of the use shall post
in a conspicuous place to residents the following emergency contact
information:
[1]
The street address of the lot;
[2]
The name and telephone number of an emergency contact,
in the absence or unavailability of a resident operator or manager;
[3]
The name and telephone number of the owner of the
lot (if not the resident operator or manager); and
[4]
The names and numbers of fire, EMT and ambulance
services.
(b)
The owner of the lot and the owner/operator of the use jointly
shall be responsible for compliance with this requirement.
MM.
Solar energy system. Where permitted, a solar energy system principal
use shall meet the following requirements:
[Amended 8-1-2019 by Ord. No. 2019-03; 9-3-2020 by Ord. No. 2020-05; 3-17-2022 by Ord. No. 2022-02]
(1)
Application for a zoning permit for the solar energy system
shall include:
(a)
A site plan:
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; existing and proposed on-site improvements;
adjacent public roads and private streets; utility rights-of-way and
lines; and easements;
[2]
Demonstrating compliance with requirements of this
section and all other applicable requirements of this chapter, including,
but not limited to, the requirements of the zoning district in which
located, parking, landscaping and signage;
[3]
Depicting the system and its principal components,
including, but not limited to, related ancillary facilities and structures.
Such information shall be depicted upon the site plan even if it is
located underground; and
[4]
Demonstrating compliance with requirements of this section and all
other applicable requirements of this chapter, including but not limited
to the requirements of the zoning district in which located, parking,
landscaping and signage.
(b)
Glare analysis demonstrating, through components design, siting
or mitigation measures, that any glare produced by the solar energy
system will not have an adverse impact.
(c)
Manufacturer specifications for the key components of the solar
energy system, including written confirmation of compliance with a
recognized industry standard, rating and/or certification, including,
but not limited to, Underwriters Laboratories (UL) and Solar Rating
and Certification Corporation (SRCC). If not available at the time
of submission of the application, this information shall be submitted
at the time of application for a building or electric permit (where
required and whichever is submitted first) or 30 calendar days prior
to the start of site development, whichever occurs first.
(d)
Written confirmation that the public utility to which the solar
energy system will be interconnected agrees to and has approved of
the interconnection. If not available at the time of submission of
the application, this information shall be submitted at the time of
application for a building or electric permit (where required and
whichever is submitted first) or 30 calendar days prior to the start
of site development, whichever occurs first.
(e)
The applicant shall identify the installer(s) of solar panels
in a writing submitted to the Township no later than 30 days in advance
of the start of installation.
(f)
Any written solar easements existing or intended to be entered
prior to the issuance of the zoning permit. Note: The zoning permit
for the solar energy use does not create or establish any rights to
remain free of shadows or obstructions caused by use and development
of adjacent lots, including growth of natural vegetation or planting
and growth of landscaping. The issuance of the zoning permit does
not create or establish any obligation or right of the Township to
enforce private solar easements submitted with the application.
(g)
An incident response plan prepared in consultation with fire and
emergency medical services providers serving the area of the proposed
use.
(h)
A decommissioning plan including the following:
[1]
Anticipated life of the solar energy system;
[2]
Defined conditions under which decommissioning will be initiated
(e.g., expiration of land lease; intent to abandon; etc.);
[3]
Description of structures, equipment and materials to be removed;
[4]
Description of the manner of disposal of structures, equipment and
materials, including disposal of any hazardous waste;
[5]
Description of activities for the restoration of property to predevelopment
condition;
[6]
Estimated decommissioning cost without regard to salvage value of
the materials and equipment;
[7]
Identification of entity responsible for decommissioning and acknowledgment
of requirement for written notice to the Township 60 days in advance
of a change in project ownership/decommissioning responsibility; and
[8]
Proposed amount and proposed form of performance security.
(i)
Upon acceptance by the Board of Supervisors, the decommissioning
plan shall be recorded with the Recorder of Deeds.
(j)
If a conditional use applicant for a solar energy system believes
the project will take more than one year to market and construct from
the date of granting of the approval, the applicant may submit a schedule
of milestones that it intends to complete, not to exceed a total of
four years.
(2)
The solar energy system minimum lot size requirement is 100
acres excluding:
(a)
Property listed on or eligible for the National Register of Historic
Places;
(b)
Floodplains and wetlands, except to the extent permitted under federal
or state law;
(c)
Area within 25 feet of the center line of a natural and man-made
drainage corridor;
(d)
Area within 50 feet from a designated wetland, except to the extent
permitted under federal or state law;
(e)
Slopes greater than 15%;
(f)
Areas of Class I and II agricultural soils;
(g)
Wooded areas;
(h)
Road rights-of-way;
(i)
Setbacks; and
(j)
Unique ecological features identified in the Pennsylvania Natural
Diversity Inventory.
(3)
Solar energy panels and support structures shall be constructed of
nonreflective materials.
(4)
Ground-mounted solar panels shall not exceed a height of 12 feet
at the highest point of the structure.
(5)
The solar energy system shall be no closer than 250 feet from
the lot line of an adjacent lot improved with a dwelling or an unimproved
lot in a residential zoning district.
(6)
The solar energy system shall be enclosed with a fence not exceeding
eight feet in height with a self-locking gate. The fence shall maintain
a minimum ground clearance of six inches.
(7)
An access drive meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy shall be provided prior to development of the property for the proposed use. The access drive shall be a minimum width of 25 feet from the intersection with the public road to the required fence line. The interior of the solar energy system shall be improved with interior travel aisles with a minimum width of 15 feet and sufficient in location and construction to allow access by maintenance vehicles and emergency management vehicles.
(8)
The solar energy systems shall not be used for displaying advertising
except for reasonable identification of the manufacturer of the system.
In no case shall such identification exceed 144 square inches.
(9)
The solar energy system shall be improved with lighting only
to the extent required for safety.
(10)
A buffer no less than 25 feet in depth shall be required along
i) any public road frontage and ii) any lot line adjacent to a lot
improved with a dwelling or an unimproved lot in a residential zoning
district, provided that the buffer along a lot line shall not apply
to lots hosting a single solar energy system. Where the siting of
the solar energy system requires the buffer to be sited in the immediate
proximity of a public road, the required buffer shall be measured
from the existing right-of-way or from the minimum future right-of-way,
whichever is larger.
(11)
The required perimeter fence shall be placed on the inside of
the required buffer.
(12)
The buffer shall be planted to establish a visual screen meeting
the following requirements:
(a)
The buffer shall be designed to provide a natural-looking visual
element, including a mix of species and spacing. Monotonous rows of
plantings and the use of a single row of repeated species of plantings
is discouraged. American Arborvitae and similar weak-stem plants shall
not be used to meet the buffer yard requirements.
(b)
Required plantings shall be primarily of species native to Pennsylvania
and appropriate to the conditions of the lot, including, but not limited
to, wet or shaded areas or within or adjacent to impervious surfaces.
Plantings shall be resistant to disease, road salt and air pollution
and be attractive and sturdy. All plantings shall be of symmetrical
growth and free of insect pests and disease.
(c)
Ten percent of the lot area of the solar energy facility, excluding
a required buffer, shall be planted in native vegetation that attracts
pollinators.
(d)
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce, within
three years, a mostly solid year-round visual screen at least six
feet in height. An average of one deciduous shade tree, with a minimum
trunk diameter of two inches measured six inches above the finished
ground level, shall be placed for each 50 feet of length of the buffer;
provided, however, the deciduous shade trees may be clustered or spaced
unevenly to provide a natural looking visual element. If healthy trees
with a trunk diameter of six inches or greater (measured 4.5 feet
above the ground level) exist within the buffer, they shall be preserved
to the maximum extent feasible to meet the same purposes as the new
plant screening. Shrubs shall be a minimum of 36 inches at the time
of planting.
(f)
The planted visual screen shall be continuous, except for vehicle
or pedestrian ingress and egress sited perpendicular to the buffer;
locations necessary to comply with sight distance requirements; locations
needed to meet other specific state, Township and utility requirements,
such as stormwater swales.
(g)
Required buffers shall be planted before installation of solar panels.
(h)
On-site utility facilities, including but not limited to transmission
lines, shall be placed underground to the maximum extent feasible.
(i)
Layout, design and installation of the solar energy system shall
conform to applicable industry standards as exist at the time of application
(layout and design) or development (installation), including Underwriters
Laboratories (UL) and Solar Rating and Certification Corporation (SRCC),
or other similar certifying organizations existing at such time, and
shall conform to the Pennsylvania Uniform Construction Code.
(j)
The solar energy system shall at all times be maintained and
kept in good working order and repair.
[1]
Broken panels shall be removed within 48 hours of breakage.
[2]
A maintenance inspection shall be conducted annually and within
48 hours after the conclusion of a storm event determined to be a
tropical storm or hurricane. Such inspection shall include panel and
array inspections for breakage and structural failure. A written report
of the maintenance inspection shall be submitted to the Township no
later than 10 business days after the inspection is conducted.
(k)
The owner and operator of the solar energy system shall post
in a prominent location current information identifying the person
to contact with inquiries or complaints and his/her toll-free telephone
number, and shall provide this information to the Township Secretary.
(l)
The owner and operator of the solar energy system shall notify
the Township immediately upon the cessation and/or abandonment of
the solar energy system. Cessation and/or abandonment shall be presumed
if no power is generated for a period of one year. No later than one
year following cessation and/or abandonment, the solar energy system
shall be decommissioned. Decommissioning means that solar panels,
solar-related equipment and transmission lines, except electric and
associated communication lines buried more than 36 inches below grade,
shall be removed and the site restored to a natural condition.
(13)
Performance security to decommission the solar energy facility in
the amount of $100,000 per megawatt proposed to be generated by the
solar energy facility and in an appropriate form, as determined by
the Township Solicitor, shall be provided to the Township. Performance
security may be in the form of an escrow account with a federal or
Commonwealth of Pennsylvania chartered lending institution or held
by the Township, an irrevocable letter of credit issued by a federal
or Commonwealth of Pennsylvania chartered lending institution, or
a bond issued by a bonding company authorized to conduct such business
in the Commonwealth of Pennsylvania. The approved amount and form
of performance security shall be submitted to the Township no later
than the submission of the application for a building or electric
permit (where required and whichever is submitted first) or 30 calendar
days prior to the start of development of the lot for the solar energy
system use, whichever occurs first.
(14)
Prior to the start of development, the applicant shall submit a photographic
and written description prepared by a professional traffic engineer
which documents the preconstruction condition of the portion of each
Township road intended to be used by construction/delivery vehicles
during construction of the use. Prior to the start of operations,
the applicant shall submit a photographic and written description
prepared by a professional traffic engineer which documents the post-construction
condition of the portion of each Township road used by construction/delivery
vehicles during construction of the use.
(15)
Prior to the start of development of the use, baseline testing of
water samples from domestic supply wells on lots adjacent to the proposed
solar energy facility for cadmium, zinc, nickel, mercury and copper
shall be performed by a recognized Pennsylvania laboratory. Results
of such testing shall be provided to the Township and to the owners
of the wells prior to the start of development. In the event that
a well owner refuses access to a well for sampling, the applicant
shall notify the Township, in writing, of the refusal, with a copy
to the well owner, and shall not be required to sample the well.
(16)
If a conditional use is approved for a solar energy system that includes
milestones to be completed beyond one year, the approval shall only
expire if the applicant, or its assigns, has not completed the milestones
submitted and approved with its application within the necessary time
frames or the project is not established, erected or substantially
completed within four years after the grant of the conditional use;
provided, however, that the Board of Supervisors may grant no more
than three extensions of six months beyond any of the expiration periods,
upon finding that the applicant has acted with due diligence and reasonable
grounds exist for such extension.
NN.
Stable. Where permitted, a stable shall meet the following requirements:
(1)
A minimum of two acres of lot area free of structures shall
be required for each horse.
(2)
Any structure used to shelter or board horses shall be set back
at least 100 feet from a property line and 300 feet from a residential
structure not located on the same lot.
(3)
All areas used for training and show shall be set back a minimum
of 100 feet from any lot line.
(4)
All outdoor training, show, riding or pasture areas shall be
enclosed by a minimum four-foot high fence.
(5)
The applicant shall submit an operations plan that demonstrates
how area uses for training, show, riding or pasture shall be maintained
with a stable and vegetated surface.
(6)
The applicant shall submit an operations and management plan
demonstrating how on-site activities are appropriately scheduled and
operated to minimize detrimental noise, dust, odor, disturbance or
interruption to residents of adjacent properties. The plan shall provide
for the storage and disposal of animal wastes and other materials
waste with particular attention to pesticides, insecticides and detergents.
(7)
All animals, their housing and associated outdoor areas shall
be properly maintained for the care and health of the horses and so
as to not become a nuisance to adjacent properties.
OO.
Storage
facility.
[Added 3-17-2022 by Ord. No. 2022-03[10]]
(1)
An application for storage facility use shall include:
(a)
A written narrative containing a description of the proposed
use and all activities to be conducted as part of the use.
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting access drives and interior travel aisles
in sufficient detail to illustrate truck and vehicle movement to/from
and within the property.
(c)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district or an
unimproved lot in a residential zoning district. The setback shall
contain no improvements, including parking/loading areas, utilities
and stormwater management facilities, except as are determined to
be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
PP.
Target range. Where permitted, a target range shall meet the following
requirements:
[Amended 4-18-2019 by Ord. No. 2019-02]
(1)
The minimum lot area for this use is 10 acres.
(2)
Application for a target range use shall include:
(a)
A written narrative containing:
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect.
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; and existing and proposed on-site improvements
and easements.
[2]
Demonstrating compliance with requirements of this
section and all other applicable requirements of this chapter, including,
but not limited to, the requirements of the zoning district in which
located, parking, landscaping and signage. A landscape plan or that
portion of the site plan showing landscaping shall be prepared and
sealed by a registered and licensed landscape architect.
(c)
The shotfall zone, shooting directions and patterns, and hours
of operation shall minimize safety risks to persons and property in
residential use or zoned for residential use. Shooting directions
and patterns shall not be into or over any water bodies or wetlands.
The shotfall zone, shooting directions and patterns shall provide
for the maximum containment of bullets or other projectiles on site,
including a suitable backstop, earthen berm or other means to contain
bullets and other projectiles within the site and to minimize ricocheting.
(d)
An operations plan for lead reclamation on the site, including
the shotfall zone and berms. The operations plan shall include, but
not be limited to, hand raking and sifting, screening, vacuuming and
soil washing, as well as landscaping (to include grass, mulch or compost
and removal of scrub vegetation) and lime spreading.
(e)
A stormwater management plan which describes surface water flow
and depth to groundwater on the site and details the engineered runoff
controls proposed to minimize lead migration and contamination to
bodies of water and groundwater, which may include soils testing for
pH and contaminants in addition to management of stormwater runoff
from any proposed impervious areas.
(f)
A noise assessment and noise mitigation plan, prepared and sealed
by a professional acoustical engineer, demonstrating compliance with
the noise standards of this section.
(g)
Except as otherwise provided herein, a one-hundred-foot setback
shall be provided along all lot lines and shall be measured from the
lot line or ultimate right-of-way line, whichever is applicable. A
two-hundred-foot setback shall be provided along all lot lines adjacent
to a lot improved with a residence or to an unimproved lot in a residential
zoning district. The perimeter setback shall contain no improvements,
including parking/loading areas, utilities and stormwater management
facilities, except as are determined to be necessary (without a siting
alternative) to permit access drives, roads, utility and stormwater
management facilities and only to the extent such improvements cross
the perimeter setback at a perpendicular angle.
(h)
A fifty-foot buffer shall be provided along each adjacent public
road and all lot lines of an adjacent lot improved with a dwelling
or an adjacent unimproved lot in a residential zoning district.
(i)
Noise generated from the activities of the target range use
shall not exceed 60 dBA measured at the lot line, but in no event
shall exceed the ambient noise level, measured at the lot line and
existing at the time of submission of the zoning application, by more
than 10 dBA.
(j)
The use shall be conducted only between the hours of 9:00 a.m.
and dusk, Monday through Saturday, and the hours of 12:00 noon and
dusk on Sundays or nationally recognized holidays, unless more restrictive
hours are established as a condition of approval.
QQ.
Trade school. Where permitted, a trade school shall satisfy the following
requirements:
(1)
Where training and education is conducted outside a structure,
a perimeter setback of 50 feet, except where the trade school is adjacent
to a lot improved with a dwelling or an improved lot in a residential
zoning district, the perimeter setback shall be 150 feet.
(a)
The perimeter setback shall contain no improvements, including
parking/loading areas, utilities and stormwater management facilities,
except as are determined to be necessary (without a siting alternative)
to permit access drives, roads, utility and stormwater management
facilities and only to the extent such improvements cross the perimeter
setback at a perpendicular angle.
(b)
No education, training or demonstration activities are permitted
within the perimeter setback.
(2)
Where the lot is adjacent to a lot improved with a dwelling
or zoned a residential zoning district, a twenty-five-foot buffer
is required. A site plan depicting the proposed and required landscaping
shall be submitted to the Township for review and approval.
(3)
Noise generated from the activities at the trade school shall
not exceed 60 dBA measured at the lot line, but in no event shall
exceed the ambient noise level, measured at the lot line and existing
at the time of submission of the zoning application, by more than
10 dBA. Where outside training, education or demonstration is proposed,
a noise impact study and noise mitigation plan demonstrating compliance
with these requirements and describing any proposed noise mitigation
measures shall be submitted for Township review and approval with
the earliest submitted application for a zoning permit or land development.
(4)
No vibration generated from the activities at the trade school
shall be measurable at the lot line of the trade school. Where outside
training, education or demonstration is proposed, a vibration impact
study, demonstrating compliance with this requirement and describing
proposed vibration mitigation measures, shall be submitted for Township
review and approval with the earliest submitted application for a
zoning permit or land development.
(5)
Where outside training, education or demonstration is proposed,
a light impact study prepared by a lighting engineer, demonstrating
compliance with lighting requirements, shall be submitted for Township
review and approval with the earliest submitted application for a
zoning permit or land development.
RR.
Truck
stop.
[Added 3-17-2022 by Ord. No. 2022-03[11]]
(1)
An application for a truck stop use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities
to be conducted as part of the use;
[2]
Identification of all federal and state laws and
regulations applicable to the proposed use and description in sufficient
detail that demonstrates that the proposed use will be operated in
full compliance with the identified laws;
[3]
Identification of environmental impacts that are
likely to be generated (e.g., odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impacts. The applicant shall further furnish evidence that
the impacts generated by the proposed use fall within acceptable levels,
as regulated by applicable laws and ordinances;
[4]
Names, street addresses and telephone numbers of
all owner(s) of the proposed use;
[5]
Names, street addresses and telephone numbers of
all operator(s) of the proposed use;
[6]
Name, street address and telephone number of the
manager(s) of the proposed use;
[7]
Name and 24/7 toll-free telephone number of the
individual responsible for receiving and responding to inquiries and
complaints regarding the operations of the proposed use; and
[8]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting tractor and trailer parking areas.
[4]
Depicting access drives and interior travel aisles
in sufficient detail to illustrate truck and vehicle movement to/from
and within the property.
(c)
A landscaping plan, prepared and sealed by a professional landscape architect, demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including Article VII.
(d)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901 of this chapter.
(e)
A noise and vibration assessment study, including noise mitigation
measure, prepared and sealed by a professional acoustical engineer,
demonstrating compliance with the noise standards of this section.
(f)
A lighting plan and light impact study, prepared and sealed by a professional lighting engineer, demonstrating compliance with the lighting standards and requirements of § 110-504 of this chapter.
(g)
If the use will involve diesel-operated trucks, an anti-idling
policy, with a maximum idling time per truck of five minutes.
(2)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district. The
setback shall contain no improvements, including parking/loading areas,
utilities and stormwater management facilities, except as are determined
to be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
(3)
Noise generated from the activities at the use shall not exceed
60 dBA measured at the lot line, but in no event shall exceed the
ambient noise level, measured at the lot line and made a part of the
application, by more than 10 dBA.
(4)
The applicant shall submit qualified expert evidence of the
methods that will be used to assure that the proposed use will not
contribute materially to air pollution and demonstration that the
use will comply with all applicable Federal Environmental Protection
Agency and Pennsylvania Department of Environmental Protection air
quality standards.
(5)
Access drives used by trucks shall only intersect with arterial
roads. The use shall provide sufficiently long stacking lanes, so
that trucks waiting to park will not back up onto public roads. No
parking shall be permitted on or along any public road. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods. All access drives on the same road shall
be set back at least 150 feet from one another. Vehicular access shall
be so arranged as to minimize danger and congestion along adjoining
roads and to avoid the creation of nuisances to nearby properties.
(6)
The parking, storage, and/or loading of vehicles associated
with the use shall be confined to the subject property; no satellite
parking, storage, and/or loading lots shall be permitted.
(7)
All vehicle service and/or repair activities shall be conducted
within a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
(8)
The outdoor storage of unlicensed and/or uninspected vehicles
is prohibited. The on-site demolition or junking of tractors, trailers
and machinery is prohibited.
(9)
The following shall be submitted for Township review and approval
with the application for land development plan approval:
(a)
Access drive(s) details meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy. The interior of the use shall be improved with interior travel aisles sufficient in location, dimension and construction to allow access by maintenance vehicles and emergency management vehicles.
SS.
Truck
stop with major vehicle repair.
[Added 3-17-2022 by Ord. No. 2022-03[12]]
(1)
An application for a truck stop with major vehicle repair services
use shall include:
(a)
A written narrative containing:
[1]
A description of the proposed use and all activities
to be conducted as part of the use;
[2]
Identification of all federal and state laws and
regulations applicable to the proposed use and description in sufficient
detail that demonstrates that the proposed use will be operated in
full compliance with the identified laws;
[3]
Identification of environmental impacts that are
likely to be generated (e.g., odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impacts. The applicant shall further furnish evidence that
the impacts generated by the proposed use fall within acceptable levels,
as regulated by applicable laws and ordinances;
[4]
Names, street addresses and telephone numbers of
all owner(s) of the proposed use;
[5]
Names, street addresses and telephone numbers of
all operator(s) of the proposed use;
[6]
Name, street address and telephone number of the
manager(s) of the proposed use;
[7]
Name and 24/7 toll-free telephone number of the
individual responsible for receiving and responding to inquiries and
complaints regarding the operations of the proposed use; and
[8]
Applicant signature preceded by the following statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A site plan, prepared and sealed by a professional engineer,
registered and licensed surveyor or landscape architect:
[1]
Showing all lot lines; adjacent lots, their owners,
improvements and easements; and existing and proposed on-site improvements.
[2]
Demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including but not limited to the requirements of the zoning district in which located, parking and loading, landscaping, signage, lighting, and environmental protections standards and requirements set forth in Article V of this chapter.
[3]
Depicting tractor and trailer parking areas.
[4]
Depicting access drives and interior travel aisles
in sufficient detail to illustrate truck and vehicle movement to/from
and within the property.
(c)
A landscaping plan, prepared and sealed by a professional landscape architect, demonstrating compliance with requirements of this section and all other applicable requirements of this chapter, including Article VII of this chapter.
(d)
A traffic impact study prepared by a professional traffic engineer and meeting the requirements of § 110-901 of this chapter.
(e)
A noise and vibration assessment study, including noise mitigation
measure, prepared and sealed by a professional acoustical engineer,
demonstrating compliance with the noise standards of this section.
(f)
A lighting plan and light impact study, prepared and sealed by a professional lighting engineer, demonstrating compliance with the lighting standards and requirements of § 110-504 of this chapter.
(g)
If the use will involve diesel-operated trucks, an anti-idling
policy, with a maximum idling time per truck of five minutes.
(2)
A 250-foot setback shall be provided along all lot lines and
shall be measured from the lot line or ultimate right-of-way line,
whichever is applicable. The setback shall be increased to 500 feet
from the lot line of an adjacent lot improved with a dwelling, historic
building, day-care center (children), recreation facility, or nursing
home or an adjacent unimproved lot in a residential district. The
setback shall contain no improvements, including parking/loading areas,
utilities and stormwater management facilities, except as are determined
to be necessary (without a siting alternative) to permit access drives,
roads, utility and stormwater management facilities and only to the
extent such improvements cross the perimeter setback at a perpendicular
angle.
(3)
Noise generated from the activities at the use shall not exceed
60 dBA measured at the lot line, but in no event shall exceed the
ambient noise level, measured at the lot line and made a part of the
application, by more than 10 dBA.
(4)
The applicant shall submit qualified expert evidence of the
methods that will be used to assure that the proposed use will not
contribute materially to air pollution and demonstration that the
use will comply with all applicable Federal Environmental Protection
Agency and Pennsylvania Department of Environmental Protection air
quality standards.
(5)
Access drives used by trucks shall only intersect with arterial
roads. The use shall provide sufficiently long stacking lanes, so
that trucks waiting to park will not back up onto public roads. No
parking shall be permitted on or along any public road. Any gates
or other barriers used at the entrance to parking areas shall be set
back and arranged to prevent vehicle backups onto adjoining roads
during peak arrival periods. All access drives on the same road shall
be set back at least 150 feet from one another. Vehicular access shall
be so arranged as to minimize danger and congestion along adjoining
roads and to avoid the creation of nuisances to nearby properties.
(6)
The parking, storage, and/or loading of vehicles associated
with the use shall be confined to the subject property; no satellite
parking, storage, and/or loading lots shall be permitted.
(7)
All vehicle service and/or repair activities shall be conducted
within a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
(8)
The outdoor storage of unlicensed and/or uninspected vehicles
is prohibited. The on-site demolition or junking of tractors, trailers
and machinery is prohibited.
(9)
The following shall be submitted for Township review and approval
with the application for land development plan approval:
(a)
Access drive(s) details meeting the requirements of Chapter 86 (Subdivision and Land Development) of the Code of the Township of Mount Joy. The interior of the use shall be improved with interior travel aisles sufficient in location, dimension and construction to allow access by maintenance vehicles and emergency management vehicles.
TT.
Veterinary office. Where permitted, a veterinary office shall comply
with the following requirements:
(1)
All buildings shall be adequately soundproofed so that sounds
generated within the structures cannot be perceived at the lot line.
(2)
Outdoor animal runs may be provided so long as the runs are
located a minimum of 100 feet from all lot lines and a minimum of
200 feet from a lot improved with a dwelling (not on the veterinary
office lot).
UU.
Wireless telecommunications facilities and support.
(1)
Intent. It is the express intent of the Township to conform
to the Telecommunications Act of 1996, as amended, 47 U.S.C.S. §§ 253,
332(c)(7), the FCC's 2009 Declaratory Ruling, the FCC Report and Order
released October 21, 2014, and the FCC's 2018 Declaratory Ruling released
September 27, 2018, and Pennsylvania's Wireless Broadband Collocation
Act, Act 191 of 2012,[13] effective December 23, 2012.
[Amended 3-21-2019 by Ord. No. 2019-01]
[13]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(2)
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
CO-LOCATION
DATA COLLECTION UNIT (DCU)
DISTRIBUTED ANTENNA SYSTEMS (DAS)
ELECTRICAL TRANSMISSION TOWER
EQUIPMENT COMPOUND
MODIFICATION OR MODIFY
REPLACEMENT or REPLACE
SMALL CELL FACILITY
(a)
(b)
[1]
[2]
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE OR SUBSTANTIALLY CHANGE
TOWER
TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY
WATER TOWER
WIRELESS
WIRELESS SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS FACILITY
Definitions. The following words and phrases shall have the
following meanings when used in this section:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna may include an omnidirectional
antenna (rod), directional antenna (panel), parabolic antenna (disc)
or any other wireless antenna. An antenna shall not include tower-based
wireless communications facilities. An antenna shall not include private
residence-mounted satellite dishes or television antennae or amateur
radio equipment, including, without limitation, ham or citizen band
radio antennae.
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the municipality. The term includes the placement,
replacement or modification of accessory equipment within a previously
approved equipment compound.
Equipment, utilized primarily by electric utility providers,
that communicate with smart meters to obtain meter readings, restore
outages and improve operational control.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
An electrical transmission structure used to support overhead
power lines consisting of 69 kilovolt or greater conducting lines,
generally of steel construction and having a height of at least 75
feet. The term shall not include any utility pole having a height
of less than 75 feet.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
The replacement of existing wireless telecommunication facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair, or technological advancement
with equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
Either:
A personal wireless service facility as defined by the Telecommunications
Act of 1996, as amended; or
A wireless service facility that meets both of the following
qualifications:
Each antenna is located inside an enclosure of no more than
three cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three cubic feet;
and
Primary equipment enclosures are no larger than 17 cubic feet
in volume, provided that the following may be located outside the
enclosure and are not included in the calculation of equipment volume:
electric meter, concealment, telecommunications demarcation box, ground-based
enclosures, back-up power systems, grounding equipment, power transfer
switch and cutoff switch.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize their visual impact.
Any increase in the height of the wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth in this paragraph if necessary to avoid interference with existing
antennas. Any further increase in the height of a wireless support
structure which has already been extended by more than 10% of its
originally approved height or by the height of one additional antenna
array.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting a wireless signal.
Wireless telecommunications facility, including DAS hub facilities,
installed on a tower, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
A standpipe or an elevated tank situated on a support structure,
both of which shall be constructed of steel, have a height of at least
75 feet and be used as a reservoir or facility to deliver water.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure that could
support the placement or installation of wireless telecommunications
facilities if approved by the Township.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
(3)
Co-location, replacement or modification.
(a)
Co-location, replacement or modification of or to wireless telecommunications facilities and wireless support structures covered by this section, as determined upon application of the definitions in Subsection UU(2), above, and the preapplication submission provisions of Subsection UU(4)(c), below, are subject to the following.
(b)
No zoning permit is required for modification, replacement or
co-location that meets all of the following requirements:
[1]
The proposed co-location, modification or replacement
does not substantially change the physical dimensions of the wireless
support structure to which the wireless telecommunications are to
be attached.
[2]
The proposed co-location, modification or replacement
does not further increase the height of a wireless support structure
which has already been extended by more than 10% of its original approved
height or by the height of one additional antenna array.
[3]
The proposed co-location, modification or replacement
does not increase the dimensions of the existing approved equipment
compound.
[4]
The proposed co-location, modification or replacement
complies with the applicable conditions of approval attached to the
initial wireless telecommunications facilities, equipment compound
and wireless support structure.
[5]
The proposed co-location, modification or replacement
may not exceed the applicable wind loading and structure loading requirement
for the wireless support structure.
(c)
Preapplication submission; determination of need for filing
of application for a zoning permit.
[1]
Modifications and replacements of wireless support
structures shall submit the following information for a determination
of the need for the filing of an application for a zoning permit:
[a]
Plan depicting the type, location and dimensions
of existing wireless support structure and wireless telecommunications
facility.
[b]
Plan depicting the type, location and dimensions
of the proposed modification or replacement of the existing wireless
support structure and wireless telecommunications facility or proposed
co-location of wireless telecommunications facility.
[c]
Written certification with supporting information demonstrating that the proposed modification, replacement or co-location conforms to the requirements of Subsection UU(3)(b) above.
[d]
Written certification with supporting information
demonstrating that the proposed modification, replacement or co-location
conforms to the initial zoning and/or land use approval issued for
the previously approved wireless support structure or wireless telecommunications
facility.
[e]
The preapplication submission shall be signed by
the owner(s) and the operator(s) of the wireless structure and the
wireless telecommunications facility and shall bear the following
statement:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to "Unsworn Falsification to Authorities."
(d)
When complete on submission, an application for modification or co-location of a wireless telecommunications facility shall be acted upon within 10 days (or the most recent time frame established by the Federal Communications Commission) of the receipt of an application by written determination that a zoning permit is not required. In the event a zoning permit is determined to be required, the procedures set forth in Subsection UU(4) below apply.
(4)
Zoning permit required; application review procedures.
(a)
Zoning permit; application. Except as otherwise provided by Subsection UU(3)(b), a zoning permit is required for any use regulated by this section. Application for the zoning permit shall be made on the form prescribed by the Township and shall contain all information generally required for such application as set forth on the form, as well as the additional information required below.
(c)
Operator. If the applicant is not the intended operator of the
proposed use, the name, address, telephone number and e-mail address
of the operator.
(d)
Narrative. Narrative description of the proposed wireless telecommunications
facility and related support and equipment, including a description
of dimensions, materials, color and lighting. The narrative shall
describe the planned frequency, modulation and direction of all antenna.
The narrative shall describe the manner of collapse and the fall zone
in the event of a structural failure of the proposed wireless support
structure.
(e)
Facility plan. Scaled plan depicting the type and dimensions
of the proposed wireless telecommunications facility and related support
and equipment, the fall zone of the wireless support structure in
the event of a structural failure, lighting, signage and fencing.
(f)
Site plan. Scaled plan, prepared by a commonwealth-registered
professional engineer or surveyor, depicting the location and dimensions
of the proposed wireless telecommunications facility, lot lines, names
of adjacent lot owners, leasehold lines (if applicable), access, parking,
landscaping, and all buildings within 500 feet of the proposed facility.
(g)
Visibility map. Scaled depiction and photographs of the proposed
facility as it would be observed from each applicable public road
and public lands and all adjacent lots.
(h)
Construction drawings. Construction drawings, prepared by a
professional structural engineer, describing the proposed wireless
telecommunications support structure and all equipment and network
components and depicting the manner of collapse and the fall zone
in the event of a structural failure of the support structure. A certification
of the geotechnical suitability and stability of the site to support
the proposed support structure, facility and equipment shall accompany
the construction drawings.
(i)
Co-location.
[1]
Any application for approval of a new tower-based
wireless telecommunications facility shall include a comprehensive
inventory of all existing towers and other suitable structures within
a four-mile radius from the proposed tower, unless the applicant demonstrates
to the satisfaction of the Township that a reduced distance is more
reasonable, and shall demonstrate conclusively why co-location on
an existing tower or other suitable structure cannot be utilized.
[2]
The applicant shall provide the municipality with
a written commitment, binding on the applicant's successors, that
it will allow other service providers to co-locate antennae, where
technically and economically feasible.
(5)
Coverage. An applicant for wireless telecommunications facility
shall demonstrate that a significant gap in wireless coverage or capacity
exists with respect to the applicant in the area where proposed and
that the type of wireless telecommunications facility proposed is
the least intrusive means by which to fill that gap in wireless coverage
or capacity.
(6)
Height. An applicant for wireless telecommunications facility
proposed to exceed a height of 90 feet must demonstrate that the height
of the proposed facility or support is the minimum height functionally
necessary.
(7)
FCC compliance. The applicant shall demonstrate that the proposed
wireless telecommunications facility complies with all applicable
standards established by the Federal Communications Commission.
(8)
Cost of removal. An independent and registered professional
structural engineer shall calculate and state an estimate of the cost
of removal of the proposed wireless telecommunications facility, support
and equipment, without regard to salvage value of the equipment.
(9)
Indemnification. The applicant shall provide a written and executed
indemnification to indemnify and hold the Township, its officials,
employees, solicitor, special counsel, consultants and agents harmless
from any and all claims, suits, demands, causes of action, awards
or damages in either law or equity arising out of or caused by the
placement, construction, modification, use, operations, maintenance,
repair, replacement, modification or removal of the facility, to include,
but not be limited to, attorneys' fees, consultant, expert and witness
fees, and any costs incurred by the Township, its officials, employees,
solicitor, special counsel, consultants and agents in defending against
such claims.
(10)
Easements. Copies of access easement, if applicable.
(11)
Notice to other lot owners. The applicant shall demonstrate
that it has provided written notice to the owner(s) of every lot improved
with a dwelling or in a residential zoning district within 1,000 feet
of the lot that is the subject of the application for the proposed
use.
(12)
Preparer. Each application-supporting document required by Subsection UU(4) shall include the name, title (if applicable), business name (if applicable) and contact information of the preparer, shall state the preparer's qualifications (training, education, certification, licensing, etc.) to prepare the document, shall be signed by the preparer, shall contain a certification of accuracy and correctness, and shall bear the following statement immediately preceding the signature of the preparer:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to "Unsworn Falsification to Authorities."
(13)
Preapplication meeting. It is recommended, but not required,
that the applicant discuss the application with the Zoning Officer
prior to its submission to familiarize the applicant with this section
and to familiarize the Township with the applicant's proposed use.
(14)
Complete application. Upon receipt of the application, the Township
shall perform an administrative completeness review and i) within
30 calendar days of the date that an application for a new wireless
telecommunications facility is submitted to the Township and ii) within
10 calendar days of the date that an application for a modified or
collocated wireless telecommunications facility is submitted to the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete the application. Such
writing must specify the provision, application instruction, or otherwise
publicly stated procedure that required the information to be submitted.
In the event the applicant fails in its supplemental submission to
provide the missing information identified in the original notice
delineating missing information, the Township shall within 10 days
notify the applicant in writing of the still-missing information.
[Amended 3-21-2019 by Ord. No. 2019-01]
(15)
New wireless telecommunications facility - review period. An application for a new wireless telecommunications facility shall be acted upon within 90 days (or the most recent timeframe established by the Federal Communications Commission) of the receipt of the application by issuance of a zoning permit or written notice of denial stating the grounds for denial. Such period for action may be paused for any period of incompleteness, provided the Township has met the notice requirements set forth in Subsection UU(14) above.
[Amended 3-21-2019 by Ord. No. 2019-01]
(16)
Modified or collocated wireless telecommunications facility requiring a zoning permit - review period. An application for modification or collocation of a wireless telecommunications facility that does not meet the requirements of Subsection UU(3) shall be acted upon within 60 days (or the most recent timeframe established by the Federal Communications Commission) of the receipt of an application by issuance of a zoning permit or written notice of denial stating the grounds for denial. If the application is incomplete upon submission, such period for action may be reset (60 days for action) upon submission of a complete application, provided the Township has met the notice requirements set forth in Subsection UU(14) above. In the event the applicant fails in its supplemental information to provide the missing information identified in the original notice delineating the missing information, the period for action may be paused until submission of a complete application, provided the Township has met the notice requirements set forth in Subsection UU(14) above.
[Amended 3-21-2019 by Ord. No. 2019-01]
(17)
Retention of consultants. The Township, in its discretion, may
engage a consultant(s) as necessary to assist the Township in reviewing
and evaluating the application and, once the proposed wireless telecommunications
facility is approved and operating, in reviewing and evaluating any
potential violations of this section. The applicant, or its successor
in title or interest, shall reimburse the municipality for all costs
incurred by the municipality for such consultation.
(18)
Administrative fees. The Township may assess appropriate and
reasonable administrative fees not to exceed the Township's actual
costs in reviewing and processing the application.
|
Bulk and Area Requirements
| |||
|---|---|---|---|
|
Outside of Rights-of-Way
|
In Rights-of-Way
| ||
|
Height
|
Wireless telecommunications facilities shall be designed to minimum functional height {see Subsection UU(6) application requirements}; provided, however, that tower-based wireless communications facilities in a residential zoning district shall not exceed a maximum total height of 120 feet
|
Non-tower-based wireless telecommunications facilities shall be designed to minimum functional height {see Subsection UU(6) application requirements); provided, however, that such facilities in a residential zoning district shall not exceed a maximum height of 35 feet
| |
|
Lot Size
|
Minimum lot size in zoning district or area needed to accommodate
the wireless telecommunications facility, support structure and fall
zone, guy wires, equipment, building, fencing, screening, parking,
whichever is larger
|
—
| |
|
Setbacks
|
Towers
|
Setback from lot lines a distance equal to the combined height of the wireless support structure and antenna, or the underlying zone requirements, whichever is greater; provided, however, that the setback from lot lines shall be increased to 110% of the combined height where the applicant has not demonstrated that a collapse of the support structure will not exceed the height of the support structure {see Subsection UU(6) application requirements}; provided, however, that the setback shall be increased by an additional 10 feet where the use is adjacent to a lot improved with a dwelling or an unimproved lot in a residential zoning district
|
—
|
|
Equipment buildings
|
Underlying zoning district applicable setback for principle
use
|
—
| |
(19)
Design, construction, operations.
(a)
Compliance with law. All wireless telecommunications facilities
shall be designed, constructed, inspected, operated, maintained, repaired,
modified and removed in strict compliance with all current applicable
federal and state technical, building and safety codes and the requirements
of this section.
(b)
Obstruction. No wireless telecommunications facilities placed
within a public right-of-way shall be located so as 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
municipality.
[1]
The Township reserves the right to determine the
time, place and manner of construction, maintenance, repair and/or
removal of all wireless telecommunications facilities located in the
public rights-of-way based on public safety; traffic management; physical
burden on the right-of-way; construction, repair or maintenance of
a public improvement in the right-of-way; and related considerations.
(c)
Least intrusive design. All wireless telecommunications facilities
shall consist of the smallest and least visibly intrusive equipment
feasible.
(d)
Interference. No wireless telecommunications facility shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services.
(e)
Signage. Each wireless telecommunication facility shall be posted,
in a manner and design readable by a member of the public, with the
name of the owner, the name of the operator, a 24/7 telephone number
and an e-mail address in the event of an emergency, and Federal Communication
Commission (FCC) registration number (if applicable). Such signage
shall not exceed four square feet in size.
(f)
Lighting. Wireless telecommunications facilities shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, as required by Subsection UU(4)(e), demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(g)
Access and parking. An access road, turnaround space and a parking
area, sufficient in dimension for two vehicles, shall be provided
to ensure adequate emergency and service access to tower-based wireless
telecommunications facilities. The access road shall be improved to
a minimum of 10 feet in width and with a dust-free, all weather surface.
Where applicable, the wireless telecommunications facility owner shall
present documentation to the municipality of the grant of an easement
for access to the proposed facility for emergency and maintenance
responsibilities.
(h)
Fencing. A security fence with a minimum height of eight feet
shall surround any tower-based wireless telecommunications facility.
All other related buildings and equipment shall be secured and maintained
in such manner as to prevent access by persons other than those authorized
to operate or service the facility.
(i)
Stealth technology. The wireless telecommunications facility
shall employ the most current stealth technology available; at a minimum,
facilities shall be painted gray or other appropriate color to harmonize
with the character of the area and surrounding land uses.
(j)
Landscaping and screening. Tower-based wireless telecommunications facilities located outside the right-of-way shall submit a landscape plan for ground-mounted equipment where adjacent to a street, a lot occupied by a dwelling, or an unimproved lot in a residential zoning district, which landscape plan shall demonstrate compliance with the requirements of Article VII.
(20)
Liability insurance. Before the issuance of a zoning permit,
the owner and operator shall obtain public liability insurance with
an insurance company authorized to do business in the commonwealth
for personal injury, death and property damage in the amount of $2,000,000
per occurrence. The policy shall list the Township, its officials,
employees, solicitor, special counsel, consultants and agents as additional
insured. The then-current owner/operator of the wireless telecommunications
facility shall maintain coverage at all times through the removal
of the facility and related support structure.
(21)
Discontinuation, abandonment and removal.
(a)
Nonconforming wireless telecommunications facilities. Any nonconforming
wireless telecommunications facility which, after the effective date
of this chapter, is damaged or destroyed due to any reason or cause
may be repaired and restored at its former location, but only with
full compliance with this section.
(b)
Discontinuation. In the event that use of a wireless telecommunications
facility is planned to be discontinued, the owner shall provide written
notice to the municipality of its intent to discontinue use and the
date when the use shall be discontinued. Failure to use such facility
for a period of 180 days (consecutive or nonconsecutive) in any three-hundred-sixty-five-day
period, excepting for purposes of active repair or modification),
shall constitute a discontinuation.
(c)
Removal. Discontinued or abandoned wireless telecommunications
facilities or portions of wireless telecommunications facilities shall
be removed as follows:
[1]
All discontinued or abandoned wireless telecommunications
facilities shall be removed within 12 months of the cessation of operations,
unless a time extension is approved by the municipality. Upon failure
of the owner of the wireless telecommunications facilities to remove
the facility, the Township, in its discretion, may remove the facility
and assess the cost of removal against the lot upon which located,
the lot owner and/or the most recent operator of the wireless telecommunications
facility.
[Amended 9-3-2020 by Ord. No. 2020-05]
(22)
Performance security.
(a)
The applicant shall post and maintain performance security for removal of all structures associated with the wireless communications facility, in an amount equivalent to the identified removal costs demonstrated and affirmed by the applicant pursuant to Subsection UU(8). Following the commencement of operations, the performance security shall be maintained by the wireless telecommunications facility's then-current owner and/or operator. The performance security shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth. The performance security shall specifically provide for the Township's right to seek release of the secured funds to the Township to perform the removal work in the event of the owner/operator's default. The form of the performance security shall be subject to review and approval by the Township Solicitor.
(b)
The then-current owner of the wireless telecommunications facility shall retain an independent and registered professional structural engineer to estimate the cost of removal, without regard to salvage value of the equipment, upon the conclusion of the first year of operation and every five years thereafter, and to submit such estimate in writing to the Township. In the event the posted performance security is less than said estimate, the then-current owner/operator must post additional performance security meeting the requirements of Subsection UU(22)(a) above with the Township within 30 days of the Township's written demand for additional performance security.
VV.
Small
wireless facility use (in a right-of-way).
[Added 11-4-2021 by Ord. No. 2021-01]
(2)
CO-LOCATION (also CO-LOCATED)
COMMUNICATION FACILITY
HISTORIC DISTRICT OR BUILDING
(a)
(b)
(c)
(d)
MICRO WIRELESS FACILITY
MODIFICATION or MODIFY
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
(a)
(b)
TECHNICALLY FEASIBLE
UTILITY POLE
WIRELESS FACILITY
(a)
[1]
[2]
(b)
(c)
WIRELESS PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions. The following words and phrases are consistent
with the definitions stated in Pennsylvania's Small Wireless
Facilities Deployment Act and shall have the following meanings when
used in this section. Other definitions stated in the Small Wireless
Facilities Deployment Act shall be incorporated herein by reference.
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structures.
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide a communications service.
A building that is or a group of buildings, properties or
sites that are:
Listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register.
Determined to be eligible for listing in the National Register
of Historic Places by the Keeper of the National Register of Historic
Places.
Marked as an historical site by the Pennsylvania Historical
and Museum Commission pursuant to 37 Pa.C.S.A. § 303.
Within an historic district created pursuant to the Act of June
13, 1961.
A small wireless facility that:
The improvement, upgrade or replacement of a small wireless
facility or an existing facility pole that does not substantially
change, as defined in 47 CFR 1.6100(b)(7), the physical dimension
of the small wireless facility or utility pole.
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property. The term does
not include a federal interstate highway.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
Each antenna associated with the deployment is no more than
three cubic feet in volume.
The volume of all other equipment associated with the wireless
facility, whether ground-mounted or pole-mounted, is cumulatively
no more than 28 cubic feet. Any equipment used solely for the concealment
of the small wireless facility shall not be included in the calculation
of equipment volume.
By virtue of engineering or spectrum usage, the proposed
placement of a small wireless facility or its design or site location
can be implemented without a material reduction in the functionality
of the small wireless facility.
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
Equipment at a fixed location that enables wireless service
between user equipment and a communications network, including any
of the following:
Equipment associated with wireless services.
Radio transceivers, antennas, coaxial or fiber-optic cables,
regular and backup power supplies or comparable equipment, regardless
of technological configuration. The set of equipment and network components,
including antennas, transmitters, receivers, base stations, cabling
and accessory equipment, used to provide wireless data and telecommunications
services. The term shall not include the wireless support structure.
The term includes a small wireless facility.
A wireless infrastructure provider or a wireless services
provider.
The term shall have the same meaning given to it in Pennsylvania's
Wireless Broadband Collocation Act.[16] As of the date of enactment of this subsection, the Collocation
Act defines "wireless support structure" as a "freestanding structure,
such as a guyed or self-supporting monopole or tower, electrical transmission
tower, water tower or other structure not classified as a wireless
support structure, that could support the placement or installation
of wireless telecommunications facilities if approved by the municipality."
[16]
Editor’s Note: See 53 P.S. § 11702.1 et seq.
(3)
Applicability.
(a)
The provisions of this section shall apply only to activities
of a wireless provider within a right-of-way for the deployment of
small wireless facilities and associated new utility poles with small
wireless facilities attached.
(b)
In accordance with the Small Wireless Facilities Deployment
Act, this section, and other applicable codes including, but not limited
to, the Township's Stormwater Management Ordinance,[17] Chapter 84, Streets and Sidewalks (highway occupancy/encroachment permit), and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electric Code), and with the permission of the owner of the structure, a small wireless facility provider shall have the right to perform the following within the right-of-way:
[1]
Co-locate. Co-location is required unless the applicant
demonstrates that it cannot meet service reliability and functional
objectives by co-location. Co-location requires that the wireless
provider has a right to co-locate on an existing utility pole; the
co-location is technically feasible and would not impose substantial
additional cost; and co-location would not obstruct or hinder travel
or have a negative impact on public safety.
[2]
Replacement; new utility pole. Replace an existing
utility pole or install a new utility pole with attached small wireless
facilities.
(4)
Design guidelines.
(a)
All small wireless facilities shall be designed, constructed,
inspected, operated, maintained, repaired, modified and removed in
strict compliance with all current applicable federal and state technical,
building and safety codes and the requirements of this section.
(b)
All structures and facilities shall be installed and maintained
so as not to obstruct, endanger or hinder travel or public safety
on and within the right-of-way; damage or interfere with other utility
facilities located within a right-of-way; interfere with another utility's
use of the utility's facilities located or to be located within
the right-of-way; or obstruct the legal use of the right-of-way by
the Township and utilities.
[1]
Construction, maintenance, repair, replacement and/or removal of small wireless facilities activities which disturb the use of and improvements within the Township's road rights-of-way shall comply with the Township's Chapter 84, Streets and Sidewalks (highway occupancy/encroachment permit). In its administration of that chapter, the Township reserves the right to determine the time, place and manner of work by the wireless provider, its contractor and subcontractor(s) based on public safety; traffic management; physical burden on the right-of-way and legal use of the right-of-way; and impact on improvements in the right-of-way, including but not limited to cartway, shoulders, and stormwater management facilities.
(c)
Size limits.
[1]
Each new or modified small wireless facility shall
meet the size requirements set forth in the definitions of "micro
wireless facility" or "small wireless facility," whichever is applicable.
[2]
Each new or modified small wireless facility installed
in the right-of-way shall be installed on an existing utility pole
or a new utility pole subject to the following:
[a]
The installation of a small wireless facility on
an existing utility pole shall not extend more than five feet above
the existing utility pole.
[b]
If co-location on an existing utility pole cannot
be achieved, a small wireless facility may be installed on a new or
replacement utility pole. The maximum permitted height of the facility,
which shall include the utility pole and small wireless facility,
shall not be taller than 50 feet above ground level.
(d)
Least intrusive design; stealth design.
[1]
Small wireless facilities shall consist of the
smallest and least visibly intrusive equipment feasible.
[2]
The small wireless facility shall employ the most
current stealth technology available; at a minimum, facilities shall
be painted to match the utility pole upon which a facility is co-located
or, where not involving co-location, new utility poles and facilities
shall be painted gray.
(e)
Lighting. Small wireless facilities shall not be artificially
lighted beyond what is required by state and federal regulations.
(f)
Historic district or building. Reasonable, technically feasible, nondiscriminatory and technologically neutral design or concealment measures are required in an historic district or on historic buildings. Such design or concealment measures are not part of the small wireless facility for purposes of the size restrictions in § 110-402VV(4)(c).
(6)
Zoning permit not required. A zoning permit is not required
for:
(a)
Routine maintenance or repair work.
(b)
The replacement of small wireless facilities with small wireless
facilities that are substantially similar or the same size or smaller.
(c)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities that are strung on cables between existing
utility poles by or for a communications service provider authorized
to occupy the right-of-way, in compliance with the National Electrical
Safety Code.
(7)
Submission for determination that a zoning permit is not required.
(a)
The wireless provider shall submit the following information
for a determination by the Zoning Officer of the need for the filing
of an application for a zoning permit:
[1]
Plan depicting the type, location and dimensions
of the proposed small wireless facility.
[2]
A written self-certification, signed by the applicant or a person authorized to make such certification on behalf of the applicant, with supporting information demonstrating that the proposed small wireless facility conforms to the requirements of § 110-402VV(6) and bearing the following statement above the signature:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(b)
A complete preapplication submission for determination that
no zoning permit is required shall be acted upon within 10 business
days of the receipt of the submission by issuance of a written determination.
In the event a zoning permit is determined to be required, the permit
requirement and application procedures set forth in the remaining
subsections of this section shall apply.
(8)
Zoning permit application requirements and procedures.
(a)
Preapplication meeting. It is recommended, but not required,
that the applicant discuss the application with the Zoning Officer
prior to its submission to familiarize the applicant with this section
and to familiarize the Township with the applicant's proposed
use.
(b)
Application for zoning permit. An application for a zoning permit
for a small wireless facility use shall include the following:
[1]
Application form. Application for the zoning permit
shall be made on the form prescribed by the Township and shall contain
all information generally required for such application as set forth
on the form, as well as the additional information required below.
[a]
If the applicant is not the intended operator of
the proposed use, the name, address, telephone number and email address
of the operator.
[b]
If the applicant is not the intended contractor
of the proposed use, the name, address, telephone number and email
address of the contractor. The same information is required for all
subcontractors.
[2]
Narrative. Narrative description of the proposed
small wireless facility and related support and equipment, including
a description of dimensions, materials, color and lighting.
[3]
Site plan. Scaled plan, prepared by a commonwealth-registered
professional engineer or surveyor, depicting the location and dimensions
of the proposed small wireless facility, lot lines, names of adjacent
lot owners, leasehold lines (if applicable) and easements (if applicable).
[4]
Co-location.
[a]
Any application for a new tower-based small wireless
facility shall demonstrate that co-location is not technically and
economically feasible.
[b]
An applicant erecting a new utility pole shall
provide the municipality with a written commitment, binding on the
applicant's successors, that it will allow other service providers
to co-locate on the utility pole, where technically and economically
feasible.
[c]
In the event of co-location on an existing utility
pole, written agreement of the utility pole owner for the co-location
of small wireless facilities.
[d]
A written self-certification, signed by the applicant
or a person authorized to make such certification on behalf of the
applicant, stating that co-location cannot meet service reliability
and functional objectives. The self-certification shall be accompanied
by a written summary of the basis for the determination.
[5]
Facility drawings. Scaled construction and engineering
drawings, prepared by a professional engineer, describing the type
and dimensions of the proposed small wireless facility, utility pole
and other support structures and demonstrating compliance with this
section.
[6]
Design. Documentation demonstrating compliance with § 110-402VV(4).
[7]
Lighting. If lighting is required, the applicant
shall provide a lighting detail demonstrating lighting that is as
unobtrusive and inoffensive in effect as is permissible for compliance
with state and federal regulations.
[8]
FCC compliance. Demonstration by a report by a
qualified engineer that the small wireless facility will comply with
all applicable standards established by the FCC regulations.
[9]
2017 National Electrical Safety Code. Demonstration
of compliance with the 2017 National Electrical Safety Code and all
applicable laws and regulations for the protection of underground
and overhead utility facilities.
[10]
Contractors; subcontractors. Demonstration and
attestation by the applicant that the applicant or its affiliate shall
ensure that a contractor or subcontractor performing construction,
reconstruction, demolition, repair or maintenance work on a small
wireless facility meets the following requirements:
[a]
Maintains all valid licenses, registrations or
certifications required by the federal government, the commonwealth
or the Township that is necessary to do business or perform applicable
work;
[c]
Has not defaulted on a project, declared bankruptcy,
been debarred or suspended on a project by the federal government,
the commonwealth or a local government entity within the previous
three years;
[d]
Has not been convicted of a misdemeanor or felony
relating to the performance or operation of the business of the contractor
or subcontractor within the previous 10 years; and
[e]
Has completed a minimum of the United States Occupational
Safety and Health Administration's ten-hour safety training course
or similar training sufficient to prepare workers for any hazards
that may be encountered during their work on the small wireless facility.
[11]
Certification statement. Each certification and
each document required by this subsection shall include the name,
title (if applicable), business name (if applicable) and contact information
of the document preparer, shall state the preparer's authority
and, where applicable, qualifications (training, education, certification,
licensing, etc.) to prepare the document, shall be signed by the preparer,
shall contain a certification of accuracy and correctness, and shall
bear the following statement immediately preceding the signature of
the preparer:
The statements made in this writing are true and correct to
the best of the knowledge, information and belief of the undersigned
signatory, and made with the understanding that any false statement
is subject to the penalties of 18 Pa.C.S.A. Section 4804, relating
to "Unsworn Falsification to Authorities."
(c)
Complete application. Upon receipt of the application, the Township
shall perform an administrative completeness review and, within 10
business days of the date that an application for a small wireless
facility use is filed with the Township, the Township shall notify
the applicant, in writing, whether the application is incomplete,
specifically identifying the missing information.
(d)
Application procedures. Upon submission of a complete application meeting the requirements of § 110-402VV(8).
[1]
Co-located facility. An application for a co-located
small wireless facility shall within 60 calendar days of submission
of a complete application be acted upon by issuance of a zoning permit
or written notice of denial stating the grounds for denial.
[2]
New or replacement utility pole. An application
to replace an existing utility pole or install a new utility pole
upon which the small wireless facility shall be placed shall within
90 calendar days of submission of a complete application be acted
upon by issuance of a zoning permit or written notice of denial stating
the grounds for denial.
(e)
Consolidated application. An applicant may submit a consolidated
application meeting the following requirements:
[1]
The consolidated application does not exceed 20
small wireless facilities.
[2]
No more than one consolidated application may be
submitted in a thirty-day period.
[3]
If more than one consolidated application or 20
single applications are submitted within a forty-five-day period,
the deadline for review shall be extended by 15 calendar days.
(f)
Denial.
[1]
The application may be denied if:
[a]
The small wireless facility materially interferes
with the safe operation of traffic control equipment, sight lines
or clear zones for transportation or pedestrians or compliance with
the Americans with Disabilities Act of 1990[20] or similar federal or state standard regarding pedestrian
access or movement.
[20]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[b]
The proposed facility fails to comply with applicable codes, including, but not limited to, this section, the Township's Stormwater Management Ordinance and Chapter 84, Streets and Sidewalks (highway occupancy/encroachment permit), and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electric Code).
[c]
The proposed facility fails to comply with the
requirements of the Small Wireless Facilities Deployment Act.
[d]
The applicant fails to submit a report by a qualified
engineering expert which states that the small wireless facility will
comply with applicable FCC regulations.
[2]
If one or more small wireless facilities in a consolidated
application is denied, such denial shall not delay processing of any
other small wireless facilities in the same consolidated application.
(g)
Zoning permit term.
[1]
The right to construct a small wireless facility
under the permit issued under this section shall expire one calendar
year from the date of issuance, unless the Township agrees, in writing,
to extend the period. A request for extension shall be in writing
and shall state the reasons for extension.
[2]
A permit issued under this section shall expire
in five years. The permit may be renewed for two additional five-year
periods upon written request stating the reasons for extension, if
the applicant:
[a]
Is in compliance with the criteria set forth in the Small Wireless Facilities Deployment Act, this section, and other applicable codes, including, but not limited to, the Township's Stormwater Management Ordinance and Chapter 84, Streets and Sidewalks (highway occupancy/encroachment permit), and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electric Code); and
[b]
Has obtained the necessary consent from the owner
of the utility pole.
(9)
Facilities removal; discontinuation.
(a)
The small wireless facilities and any associated equipment, including the utility pole and other support structures (if the wireless facilities and associated equipment are the only facilities on the utility pole), shall be removed within 60 calendar days of suspension or revocation of a permit due to noncompliance with the Small Wireless Facilities Act, this section and other applicable codes, including, but not limited to, the Township's Stormwater Management Ordinance and Chapter 84, Streets and Sidewalks (highway occupancy/encroachment permit), and Pennsylvania's Uniform Construction Code (adopting the International Building Code and the National Electric Code, after provision of adequate notice of and an opportunity to cure any noncompliance.
(b)
The small wireless facilities and any associated equipment,
including the utility pole and any support structures (if the wireless
facilities and associated equipment are the only facilities on the
utility pole), shall be removed within 90 calendar days of the expiration
of the permit or any extension period.
(c)
Discontinuation.
[1]
In the event that use of a small wireless facility
is planned to be discontinued in advance of or upon expiration of
a permit or any extension thereof, the owner shall provide written
notice to the municipality of its intent to discontinue use and the
date when the use shall be discontinued.
[2]
Failure to use such facility for a period of 180
calendar days in a 365-day period, excepting for purposes of active
repair or modification, shall constitute a discontinuation.
[3]
All discontinued small wireless facilities shall
be removed within 90 calendar days of the cessation of operations.
