A.
In addition to the general criteria for uses within a particular district and supplemental regulations established in Article XVI, this article sets forth standards that shall be applied to each individual use identified herein. The standards of this article must be satisfied before approval of any application for a special exception, conditional use or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this article shall be in addition to the general criteria for special exceptions and conditional uses set forth in Article XIX, as applicable. The applicant shall be responsible for providing evidence and demonstrating compliance with all applicable standards.
B.
All uses identified in this article must comply with the general
regulations for the district in which the use is to be located, unless
different or inconsistent standards are established by this article,
in which case the standards in this article shall take precedence.
A.
The apartment will be a complete and separate housekeeping unit that
can be isolated from the original unit with its own exterior entryway.
The exterior entryway shall not be part of the front facade of the
primary residence.
B.
Only one accessory apartment shall be permitted per single-family
residential lot. The apartment may be detached or attached to the
primary residence.
C.
Detached and attached apartments must conform to the general architectural
style of the primary residence.
D.
The apartment shall meet all building setback and coverage requirements
of the underlying zoning district. When detached from the primary
residence, the apartment shall be set back a minimum of 10 feet from
the primary residence.
E.
The owner(s) of the residence in which the accessory unit is created
shall occupy at least one of the dwelling units on the premises, except
for bona fide temporary absences.
F.
The design and size of the apartment conforms to all applicable state
and Township standards/codes.
G.
A minimum of 300 square feet of floor area shall be required. The
accessory apartment shall be no more than 45% of the primary structure's
total floor area.
H.
At least a total of three off-street parking spaces are available
for use by the owner-occupant and tenant.
I.
The accessory apartment shall be located on the same lot as the primary
residence and cannot be subdivided or sold separately from the primary
residence.
[1]
Editor's Note: Former § 245-14.4, Accessory day
care, was repealed 10-4-2023 by Ord. No. 828.
A.
Active recreation uses, such as playing fields, playgrounds, courts
and bikeways, shall not consume more than half of the minimum required
conservation or greenway land or five acres, whichever is less.
B.
Low-impact passive recreation uses shall include uses such as village
greens, commons, picnic areas, community gardens and trails, but shall
exclude motorized off-road vehicles, rifle ranges, and other uses
similar in character.
C.
Playing fields, playgrounds and courts shall not be located within
100 feet of abutting properties.
D.
Parking facilities shall be permitted for the above uses provided
that parking facilities can only be used in designated greenway areas
as an accessory use as permitted on adjacent development area lots.
Design features shall include semipermeable surfaces, unlighted, properly
drained, safe ingress and egress.
A.
Purpose. The purpose of the adaptive reuse is to ensure the continued
use and condition of the historic resource.
B.
The conversion of buildings within a locally designated historic district, in accordance with Chapter 155 of the Codified Ordinances of Upper Allen Township, and listed historic sites or structures, in accordance with § 155-12 therein, to a cultural facility, as defined herein, or another nonresidential use permitted in the district in which the historic building is located shall be permitted in accordance with the following requirements:
(1)
The applicant shall submit a plot plan, building plans and specifications to the Upper Allen Township Historical Architectural Review Board for its review in accordance with Chapter 155, Historic Districts.
(2)
The applicant shall receive a certificate of appropriateness
from the Board of Commissioners of Upper Allen Township.
A.
Permits required. No person shall operate an adult entertainment
establishment without first obtaining a use and occupancy or zoning
permit as provided in this chapter and all other applicable permits
required by law. The permit will be reviewed annually for compliance.
The Health Officer and/or Zoning Officer will also perform regular
inspections.
B.
Minimum spacing and proximity requirements.
(1)
No adult entertainment establishment shall be located within
600 feet of any other adult entertainment establishment.
(2)
No adult entertainment establishment shall be located within
specified distances of certain land uses as set forth below:
(3)
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified in Subsection B(2) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.
C.
Visibility from the street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes, or relates to specified sexual activities and/or specified anatomical areas, as defined in Article II, Land Use Definitions, to be viewed from the street, sidewalk, or highway.
D.
Signs. No person shall place or cause to be placed or maintained
in such a location as can be viewed by persons on any public street
any sign or signs, photographic, pictorial or other graphic representation
that depict in whole or in part the following:
(1)
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, or any sexual act,
which are prohibited by law.
(2)
Scenes where a person displays the vulva or the anus or other
genitals.
(3)
Scenes where artificial devices are employed to depict, or drawings
are employed to portray, any of the prohibited signs, photographs
or graphic representations described above.
(4)
Any other graphic illustration pertaining to specified sexual
activities and/or specified anatomical areas.
A.
An agritourism enterprise must comply with the minimum lot size and
width in the district in which it is located.
B.
Activities or structures included in the agritourism enterprise must
comply with the setbacks for accessory structures in which it is located
unless utilizing an existing structure.
C.
An agritourism enterprise must comply with the building and/or impervious
coverage requirements for the lot in the district in which it is located
unless utilizing an existing structure. The use of existing structures
is encouraged.
D.
Outdoor storage areas, and off-street parking and/or unloading areas shall be screened from adjoining residential districts with a buffer yard type 1 in the applicable setback area and in accordance with buffering and screening requirements of § 245-16.5.
E.
An Agritourism Enterprise must comply with the access and driveway provisions in Article XVII Off-Street Parking and Loading in this chapter. A shared use driveway with an existing driveway is encouraged.
F.
The applicant must demonstrate sufficient off-street parking and loading spaces are provided for the uses proposed in accordance with Article XVII Off-Street Parking and Loading in this chapter.
H.
Agritourism enterprises shall be owned or operated by the landowner,
landowner's immediate family member, operator of the farm, or persons
in residence of the farm.
I.
Zoning permit and/or building permit required. In addition to completing
a zoning permit and/or a building permit application, applicants proposing
an agritourism enterprise must submit information identifying the
following:
(1)
Location map.
(2)
Description of the existing agricultural operation, proposed
activities, and how the proposed use is accessory in nature.
(3)
All existing and proposed farm structures and dwellings.
(4)
Driveways, access drives, parking areas, vehicle turnaround
areas, loading areas, and proposed vehicle circulation patterns.
(5)
Location and adequacy of sewage facilities (if required).
(6)
Stormwater management plan (if required).
(7)
Proposed operating dates/times.
(8)
Estimated number of attendees.
(9)
Landscaping/buffering plan.
(10)
Certify compliance with all applicable local, state, and federal
regulations and permits.
(11)
When there is a change in the use of the farm with an agritourism
enterprise, or when there is a change in the management of the enterprise,
the continuation of the enterprise or business shall be subject to
review and re-approval in accordance with current regulations in place
at that time.
A.
Minimum lot area shall be 30 acres for airports and three acres for
heliports and helistops.
B.
The applicant shall submit evidence confirming that the facility
will be constructed, operated, and maintained in accordance with applicable
rules and regulations of the Federal Aviation Administration and the
Pennsylvania Department of Transportation, Bureau of Aviation, related
to the use of airports, heliports, or helistops.
C.
No part of the takeoff/landing strip and/or pad shall be located
within 300 feet from any property line.
D.
The applicant shall provide the delineation of the airport or heliport
hazard zone to the Township and all adjoining municipalities with
land located within the hazard zone.
E.
All facilities shall not be detrimental to the health, welfare and
safety of the Township residents and their property.
F.
Heliports and helistops shall meet the following additional requirements:
(1)
The landing pad shall be at least 80 feet square or a circle
with an eighty-foot diameter. This pad shall be paved, level, and
maintained dirt free. Rooftop pads shall be free of all loose stone
and aggregate.
(2)
At least two approach lanes to each landing pad shall be provided
and maintained free of obstructions and shall be located not less
than 90° apart. Each approach lane shall be located within 45°
left or right of the prevailing winds and shall fan out at an angle
of 10° from the width of the landing pad to a width of 1,000 feet,
and shall have a glide angle slope of 8° to one, measured from
the outer edge of the pad.
(3)
An application for a helistop or heliport on a roof or similar
aboveground structure shall be accompanied by a certification by a
registered engineer that the loads imposed by a helicopter will be
supported by the structure.
(4)
The helistop and heliports shall be used only for personal or
executive use by a firm or individual.
(5)
No helicopter over 6,000 pounds gross weight shall use any helistop.
(6)
The application shall include at a minimum the following:
(a)
A copy of the Federal Aviation Administration Form 7480-1, Notice
of Land Area Proposal.
(b)
A copy of the letter of "no objections" from the Federal Aviation
Administration.
(c)
A copy of the Commonwealth of Pennsylvania Application for Approval
of a Land Site, AV-4, and necessary supplemental information or equivalent,
and the letter of site approval from the Pennsylvania Department of
Transportation, Bureau of Aviation.
(d)
An aerial photograph or drawing, either of which shall be at
a scale no less than one inch equals 200 feet, indicating the approach
and departure routes, the location of all residences, schools, churches,
hospitals, and areas used for the open assembly of people, as well
as other noise-sensitive areas within the radius of 1/2 mile of the
proposed helistop or heliport sites.
G.
Heliports shall meet the following additional requirements:
(1)
Heliports shall be located a minimum of 1,000 feet from any
dwelling unit.
(2)
The applicant shall submit a land development plan for review
and approval by the Township.
(3)
Heliports shall meet all requirements of the Zoning Ordinance
for the district of its proposed location.
(4)
The proposed site shall be fenced with a minimum height of four
feet with at least two openings, except those located on the rooftops.
The fence shall be located so as not to obstruct the glide angle of
the helicopter using the heliport.
(5)
The proposed heliport shall not adversely affect the health
and safety of the citizens both in and surrounding Upper Allen Township.
(6)
The applicant shall also make full compliance with those guidelines
and regulations for helistops and heliports or similar facilities
as outlined in the Commonwealth of Pennsylvania, Department of Transportation,
Bureau of Aviation, Title 67, Regulations Relating to Pennsylvania
Aviation, as amended.
(7)
It shall be unlawful for any person to land, discharge, load
or take off in a helicopter any place within the Township of Upper
Allen Township other than at an approved helistop or heliport, except:
(a)
In conjunction with a special event such as an athletic contest,
a holiday celebration, parade or similar activity, after seven days'
advanced notice has been given to the Zoning Officer and/or Township
Engineer, and a special permit has been issued by the Zoning Officer
and/or Township Engineer or his/her designee.
(b)
When necessary for law enforcement purposes and for emergencies.
(c)
For the purpose of delivery or transfer of patients to/from
any hospital and/or its emergency trauma centers.
A.
Kennels and/or animal hospitals shall have a minimum lot size in
accordance with the requirements of the zoning district.
B.
All areas used for exercise shall be securely fenced.
C.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 100 feet
from all property lines and a minimum of 200 feet from any adjacent
residence whose owner is other than the animal building owner.
D.
Animals shall be permitted to exercise daily between the hours of
8:00 a.m. to 8:00 p.m. All outdoor exercise areas shall be 200 feet
from any property line.
E.
Satisfactory evidence must be presented to indicate that adequate
storage and disposal of animal waste will be provided in a manner
that will not create a public health hazard or nuisance.
F.
Evidence of adequate water supply and wastewater disposal must be
provided by the applicant.
G.
All kennel areas not enclosed by a building shall be enclosed by
a fence not less than six feet in height.
H.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls, or runways shall be located within the
rear yard.
I.
All kennels shall be licensed by the commonwealth and shall be constructed
and maintained in accordance with the Pennsylvania Code, Title 7,
Chapter 21, General Provisions; Kennels; Licensure; Dog-Caused Damages,
as amended.
A.
A bed-and-breakfast home shall be allowed only in an owner-occupied,
single-family, detached residential dwelling or buildings accessory
thereto. No modification to the external appearances of the building
(except fire and safety requirements) which would alter its residential
character shall be permitted.
B.
The owners of a bed-and-breakfast home or bed-and-breakfast inn must
be in the residence when guests are present.
C.
Accommodations for overnight lodging at a bed-and-breakfast home
shall be limited to no more than five guest rooms and to no more than
10 guests at a given time. Accommodations for overnight lodging in
a bed-and-breakfast inn shall be limited to no more than 10 guest
rooms and to no more than 20 guests at a given time. The guest rooms
for both bed-and-breakfast homes and inns shall be rented to overnight
guests on a daily basis for periods not exceeding one week.
D.
Accommodations at bed-and-breakfast homes and inns may include breakfast
prepared on the premises for guests and included in the charge for
the room. No meal other than breakfast may be prepared on the premises
for the registered guests. Catered food service from a licensed facility
is permitted without additional licensing requirements.
E.
No cooking facilities shall be provided or permitted in individual
guests rooms.
F.
A bed-and-breakfast home or inn shall be required to obtain a state
highway occupancy permit or Township driveway permit, as appropriate.
G.
A bed-and-breakfast home or inn must conform to all zoning regulations
with regard to parking, access, signs, area, setbacks, etc., as are
applicable under this chapter or as attached by the Zoning Hearing
Board or Board of Commissioners of Upper Allen Township.
H.
A bed-and-breakfast home or inn must provide for buffer yards when determined necessary by the Zoning Hearing Board or Board of Commissioners in conformance generally with the buffer program as set forth under § 245-16.5 of this chapter and screening in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]
J.
The use of a residential dwelling for a bed-and-breakfast home or
inn must be approved by the Township's Sewage Enforcement Officer
and system upgraded, if necessary.
K.
Not more than one person for the housekeeping functions of the use,
other than the occupants of the bed-and-breakfast home or inn, shall
be employed by the home or inn.
L.
No goods may be publicly displayed for sale on the premises.
M.
The source of water to be used by the bed-and-breakfast home or inn
shall be a potable water source as certified by a test laboratory
and a certified provider.
N.
All bed-and-breakfast homes and bed-and-breakfast inns shall comply
with the Federal Life Safety Code, the rules and regulations of the
Pennsylvania Department of Labor and Industry, and all other applicable
building, safety, and fire codes of the federal, state, or local government.
A.
Minimum lot area. As required by the zoning district in which the
property is located.
B.
The Boardinghouse shall provide accommodations for no more than five
persons.
C.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used and all other federal and
state license requirements have been met.
D.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be
permitted.
E.
All floors above grade shall have direct means of escape to ground
level.
F.
All parking areas shall be screened from adjoining residences, residential
districts and roads in accordance with buffer yard type 1, as set
forth in the Upper Allen Township Subdivision and Land Development
Ordinance, and shall be set back a minimum of 25 feet from all property
lines.
G.
Meals shall be offered only to registered tenants.
H.
No signs shall be permitted.
A.
Camps shall meet all requirements set forth in Title 28 of the Pennsylvania
Code, Chapter 19, Organized Camps and Campgrounds, and other rules
and regulations of the commonwealth.
B.
There shall be a minimum lot area of 15 acres.
C.
All campsites shall be located at least 50 feet from any side or
rear property line and at least 100 feet from any public street right-of-way
line.
D.
Each campsite shall be at least 1,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic, or equivalent parking
shall be provided in a common parking area.
E.
An internal road system shall be provided.
F.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned properties in
accordance with buffer yard type 1, as set forth in the Upper Allen
Township Subdivision and Land Development Ordinance.[1] Such outdoor play areas shall be used exclusively by registered
guests and their visitors.
G.
All centralized sanitary and garbage collection facilities shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property in accordance with § 245-16.8 herein.
H.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property 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 only have vehicular access from the
campground's internal road rather than the public street. All accessory
commercial uses and related parking shall be screened from adjoining
parcels used for residential purposes in accordance with buffer yard
type 1, as set forth in the Upper Allen Township Subdivision and Land
Development Ordinance.
I.
All campgrounds containing more than 100 campsites shall have vehicular
access to a minor arterial or collector roadway, as identified in
the Upper Allen Township Comprehensive Plan, as amended.
J.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner.
K.
During operation, every campground shall have an office in which
shall be located the person responsible for the operation of the campground.
L.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public street.
[Amended 11-17-2021 by Ord. No. 813]
A.
Short title. This section shall be known as the "Upper Allen Township
Wireless Communications Facilities Ordinance."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
communications facilities in Upper Allen Township. While the Township
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the Township also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
(2)
By enacting this section, the Township intends to:
(a)
Regulate the placement, construction and modification of wireless
communications facilities to protect the safety and welfare of the
public;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Township residents, businesses, and
wireless carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, and other wireless
communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(f)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary; and
(h)
Update the Township's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
C.
D.
Regulations applicable to all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for approval by the Board of Commissioners of Upper Allen Township in accordance with the requirements of the Township of Upper Allen Subdivision and Land Development Ordinance, Part II, Chapter 220.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Timing of approval. All applications for tower-based WCFs shall
be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF, including an
application fee in an amount as established from time to time by resolution
of the Board of Commissioners of Upper Allen Township. If the Township
receives an application for a tower-based WCF and such application
is not fully completed, then the Township shall notify the applicant
within 10 business days that the application is not complete and the
time for the approval of such application shall not commence until
a fully completed application is received by the Township.
(3)
Development regulations. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
Permitted in certain zoning districts subject to regulations.
Any tower-based WCF that is either not mounted on any existing structure
or is more than 25 feet higher than the structure on which it is mounted
is permitted in certain zoning districts as a conditional use, subject
to the restrictions and conditions prescribed herein and subject to
the prior written approval of the Township. The Board of Commissioners
may grant a conditional use after review of the Planning Commission
and a public hearing before the Board of Commissioners. An applicant
for a tower-based WCF must establish the following:
[1]
Siting. Tower-based WCFs shall only be permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of § 245-14.16:
[2]
Coverage and capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage and capacity
exists and that the type of WCF and siting being proposed is the least
intrusive means by which to fill the gap in wireless coverage and
capacity. The existence or nonexistence of a gap in wireless coverage
and capacity shall be a factor in the Township's decision on an application
for approval of tower-based WCFs.
[3]
Co-location. An applicant for a tower-based WCF
must demonstrate there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
other sufficient tall structures where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[4]
Site plan. An applicant for a tower-based WCF must
submit a full site plan to the Township Zoning Officer which shall
include:
[a]
Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property. Written authorization from the property owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the property owner of being bound by § 245-14.16, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Upper Allen Township.
[b]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed structures; scaled elevation
view; access road(s) location and surface material; parking area;
fences; location and content of (any or warning) signs; exterior lighting
specifications; landscaping plan; land elevation contours; existing
land uses surrounding the site; proposed transmission building and/or
other accessory uses with details; elevations; and proposed use(s).
[c]
A written report including information describing
the tower height and design; a cross section of the structure; engineering
specifications detailing construction of tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including the
number and type of antennas that it can accommodate; radio-frequency
coverage including scatter plot analysis and the input parameters
for the scatterplot analysis; all tower structure information to be
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania; and wireless telecommunications
data to be certified by an appropriate wireless telecommunications
professional.
[d]
A written report, titled "Cost of Wireless Facilities
Removal," certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and related facilities.
[e]
All other uses ancillary to the tower-based WCF
and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the tower-based
WCF site unless otherwise permitted in the zoning district in which
the tower-based WCF site is located.
[f]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall present documentation
that the owner of the property has granted an easement for the proposed
facility and that vehicular access is provided to the facility.
[g]
An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional uses under § 245-14.16 or other organizations seeking to locate antennas within the Township; provided, however, that the Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[h]
The need for additional buffer yard treatments
shall be evaluated.
(b)
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground.
(c)
Prohibited in residential districts. Tower-based WCFs shall not be located within a residential district unless otherwise noted in Subsection D(3)(a)[1] above, or within 300 feet of a lot in residential use or a residential district boundary.
(d)
Prohibited in open space and conservation areas and the Scenic
River Overlay District. Tower-based WCFs shall not be located within
an open space or conservation area or within 500 feet of a lot in
open space or conservation use or within the Scenic River Overlay
District boundary.
(e)
Prohibited in wetlands and known bird concentration areas. No
tower-based WCF shall be located in or within 500 feet of wetlands;
other known bird concentration areas (i.e., state or federal refuges,
staging areas, rookeries); in known migratory or daily movement byways;
or in the habitat of threatened or endangered species.
(f)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(g)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
Existing use. The existing use on the property
may be any permitted use in the applicable district and need not be
affiliated with the communications facility.
[2]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3]
Minimum setbacks for antenna support structures.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the support structure and any property line or right-of-way line shall
be equal to the height of the tower plus the distance of the corresponding
minimum yard setback (front, side and rear) for the zoning district
in which the lot is located and any other additional requirements
for that zoning district. Guy wires and accessory facilities must
also satisfy the minimum zoning district setback requirements.
(h)
Minimum setbacks for accessory structures. All antenna installations,
including tower-based WCFs, shall comply with the accessory structure
setback requirements in the zoning district in which they are sited
and shall be mounted in the rear yard or on the roof unless reception
is inhibited or visibility increased.
(i)
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
(4)
Notice. No later than 30 days following the submission of an
application for a tower-based WCF and the scheduling of the public
hearing (if required), the applicant shall mail notice to all owners
of every property within a 1,000-foot radius of the proposed wireless
communications facility. The applicant shall provide proof of mailing
of the notification to the Township within 15 days of completion.
(5)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the Township finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the rights-of-way shall demonstrate to the satisfaction of
the Board of Commissioners, by written submission, that a good faith
effort has been made to obtain permission to mount the tower-based
WCF antenna on an existing building or structure. The Township may
deny any application to construct a new tower if the applicant has
not made a good faith effort to co-locate the antenna on an existing
structure. A good faith effort shall require that all owners of potentially
suitable structures within a 1/4 mile radius of the proposed tower-based
WCF site be contacted and that the applicant certifies, in writing,
to the Board of Commissioners that one or more of the following reasons
for not selecting such structure apply:
[1]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[2]
The proposed WCF and related equipment would cause
radio-frequency 6interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
[3]
Such existing structure does not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; and/or
[4]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(6)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, Pennsylvania Uniform Construction
Code, as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any tower-based
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
(7)
Wind and ice. Any tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended).
(8)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. In no
case shall a WCF exceed a maximum height of 200 feet.
(9)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(10)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(11)
Radio-frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio-frequency emissions standards to the Township
Secretary on an annual basis. A tower-based WCF generating radio-frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Township reserves the authority to
revoke the conditional use authorization of any tower-based WCF generating
radio-frequency emissions in excess of the standards and regulations
of the FCC.
(12)
Historic buildings and districts. No tower-based WCF may be
located on, or within 100 feet of, any historic district, property,
or on a building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the Township.
(13)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The sign shall be no more than five
square feet in size.
(14)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(15)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(16)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection and inspection reports. No later than the first day
of December of each odd-numbered year, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the Tower Inspection Class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel Antenna
Towers and Antenna Support Structures. A copy of said inspection report
and certification of continued use shall be provided to the Township
no later than the first day of March following the inspection. Any
repairs advised by the report shall be effected by the owner no later
than 60 calendar days after the report is filed with the Township.
No later than 30 calendar days upon completion of aforesaid repairs,
the tower-based WCF structure shall again be inspected in accordance
with the parameters and requirements described herein.
(18)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(19)
Nonconforming uses. Nonconforming tower-based WCFs, which are
hereafter damaged or destroyed due to any reason or cause, may be
repaired and restored at their former location but must otherwise
comply with the terms and conditions of this section.
(20)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF. Any cost to the Township for
such removal which is not paid under the owner's bond shall constitute
a lien on the tax lot on which the tower-based WCF is situated and
shall be collected in the same manner as a municipal tax on real property.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(21)
Siting. No tower-based wireless communications facility shall
be located, in whole or in part, within the right-of-way.
(22)
Eligible facilities request.
(a)
Tower-based WCF applicants proposing a modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from the Township.
(b)
In order to be considered for such permit, the tower-based WCF
applicant must submit a building permit application to the Township
in accordance with applicable permit policies and procedures.
(23)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact or any
other lawful considerations related to the character of the Township.
(b)
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the tower-based
WCF applicant's antennas and comparable antennas for future users.
(d)
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(e)
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(24)
Surrounding environs.
(a)
The tower-based WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
(b)
The tower-based WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA/TIA-222, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
(25)
Fence/screen.
(a)
A security fence having a maximum height of eight feet, and
a minimum height of six feet, shall completely surround any tower-based
WCF, guy wires, or any building housing WCF equipment.
(b)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(c)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(26)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(27)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(28)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCFs. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility. The easement shall
be a minimum of 20 feet in width and the access shall be paved to
a width of at least 10 feet throughout its entire length.
(29)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be at least one off-street parking space.
(30)
Bond. Prior to the issuance of a conditional use zoning permit,
the owner of a tower-based WCF shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Solicitor of the
Township. The bond shall provide that the Township may recover from
the principal and surety any and all compensatory damages incurred
by the Township for violations of this section, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Township
and maintain the bond for the life of the respective facility. The
owner of the tower-based WCF shall maintain a bond in the following
amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section; and
(b)
An amount determined by the Board of Commissioners based on
engineering estimates to cover the cost of removing and disposing
of the antenna, tower, and related facilities. The Board of Commissioners
may consider, but shall not be required to rely upon, the applicant's
written report, titled "Cost of Wireless Facilities Removal," certified
by a registered professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania.
(31)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(32)
Graffiti. Any graffiti on the tower-based WCF, including the
wireless support structure or on any accessory equipment, shall be
removed at the sole expense of the owner within 10 days of notification
by the Township.
(33)
Inspection by the Township. The Township reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
E.
Regulations applicable to all non-tower wireless facilities. The
following regulations shall apply to all non-tower wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings indicating how the non-tower WCF will be mounted on the structure
for review by the Township staff.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs, subject to the following conditions:
(a)
Permitted subject to regulations. Subject to the restrictions
and conditions prescribed herein, non-tower WCFs are permitted in
certain zoning districts, subject to the restrictions and conditions
prescribed herein and subject to the prior written approval of the
Township.
[1]
Siting. Non-tower WCFs are permitted in all zoning districts by right, subject to the requirements and prohibitions of § 245-14.16.
[2]
Height. Any Non-tower WCF shall not exceed the
maximum height permitted in the applicable zoning district.
[3]
Equipment building. If the non-tower WCF applicant
proposes to locate the communications equipment in a separate building,
the building shall comply with the minimum requirements for the applicable
zoning district.
[4]
Fencing. A security fence with a maximum height
of eight feet, and a minimum height of six feet, shall surround any
separate communications equipment building. Vehicular access to the
communications equipment building shall not interfere with the parking
or vehicular circulations on the site for the principal use.
(b)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the Township Zoning Officer which shall include:
[1]
Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the wireless support structure owner of being bound by § 245-14.16, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Upper Allen Township.
[2]
A site plan that is drawn to scale and shows the
following features: property boundaries; existing and proposed structures;
existing and proposed use(s); existing and proposed antennas; existing
or proposed electrical power source; and scaled elevation view.
[3]
A written report including information describing
the antenna height and design; a cross section of the wireless support
structure; engineering specifications detailing attachment of the
antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio-frequency coverage
including scatterplot analysis and the input parameters for the scatterplot
analysis; all wireless support structure information to be certified
by a registered professional engineer (P.E.) licensed by the Commonwealth
of Pennsylvania; and wireless telecommunications data to be certified
by an appropriate wireless telecommunications professional.
[4]
A written report, titled "Cost of Non-Tower Wireless
Facilities Removal," certified by a registered professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania, detailing the
total cost of removing and disposing of antennas and related facilities.
[5]
An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional use under § 245-14.16 or other organizations seeking to locate antennas within the Township; provided, however, that the Township Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(3)
Eligible facilities request.
(a)
Non-tower WCF applicants proposing a modification to an existing
non-tower WCF that does not substantially change the dimensions of
the underlying structure shall be required only to obtain a building
permit from the Township.
(b)
In order to be considered for such permit, the non-tower WCF
applicant must submit a building permit application to the Township
in accordance with applicable permit policies and procedures.
(4)
Visual or land use impact. The Township reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(5)
Historic buildings and districts. No non-tower WCF may be located
on, or within 100 feet of, any historic district, property, or on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or eligible to be so listed, or is included
in the official historic structures list maintained by the Township.
(6)
Prohibited on certain structures in residential districts. Non-tower
WCFs shall not be located on any single-family attached, detached,
semidetached, or two-family dwellings, or any residential accessory
structure, or within 300 feet of a lot in residential use.
(7)
Prohibited in open space and conservation areas and the Scenic
River Overlay District. Non-tower WCFs shall not be located within
an open space or conservation area or within 500 feet of a lot in
open space or conservation use or within the Scenic River Overlay
District boundary.
(8)
Timing of approval. All applications for non-tower WCFs shall
be acted upon by the Township within 90 days of the receipt of a fully
completed application for the approval of such WCF, including an application
fee in an amount as established from time to time by resolution of
the Board of Commissioners. If the Township receives an application
for a non-tower WCF and such application is not fully completed, then
the Township shall notify the applicant within 10 business days that
the application is not complete, and the time for the approval of
such application shall not commence until a fully completed application
is received by the Township.
(9)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(10)
Bond. Prior to the issuance of a conditional use zoning permit,
the owner of a non-tower WCF shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Solicitor of the
Township. The bond shall provide that the Township may recover from
the principal and surety any and all compensatory damages incurred
by the Township for violations of this section, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Township
and maintain the bond for the life of the respective facility. The
owner of the non-tower WCF shall maintain a bond in the following
amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
An amount determined by the Board of Commissioners based on
engineering estimates to cover the cost of removing and disposing
of the antenna and related facilities. The Board of Commissioners
may consider, but shall not be required to rely upon, the applicant's
written report, titled "Cost of Non-Tower Wireless Facilities Removal,"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania.
(11)
Design regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(b)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
(c)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(12)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(13)
Wind and ice. Any non-tower WCF structures shall be designed
to withstand the effects of wind and ice according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended).
(14)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(15)
Radio-frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio-frequency emissions standards to the Township
Secretary on an annual basis. A non-tower WCF generating radio-frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Township reserves the authority to
revoke the conditional use authorization of any non-tower WCF generating
radio-frequency emissions in excess of the standards and regulations
of the FCC.
(16)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection and inspection reports. No later than the first day
of December of each odd-numbered year, the owner of the non-tower
WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of non-tower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Township Zoning Officer no later than the
first day of March following the inspection. Any repairs advised by
the report shall be effected by the owner no later than 60 calendar
days after the report is filed with the Township. No later than 30
calendar days upon completion of aforesaid repairs, the non-tower
WCF shall again be inspected in accordance with the parameters and
requirements described herein.
(18)
Graffiti. Any graffiti on the non-tower WCF, including the wireless
support structure or on any communications equipment or accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the Township.
(19)
Inspection by the Township. The Township reserves the right
to inspect any non-tower WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a non-tower WCF
is located at any time, upon reasonable notice to the operator, to
ensure such compliance.
(20)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(21)
Upgrade, replacement, modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the numbers of antennas.
(b)
Any material modification to a wireless telecommunications facility
shall require a prior amendment to the original permit or authorization.
(22)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall
be removed as follows:
(a)
All abandoned or unused non-tower WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
(b)
If the non-tower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the Township, the non-tower WCF and/or related
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the non-tower WCF. Any cost
to the Township for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
F.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Development regulations.
(a)
Small WCFs are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this section, § 245-14.16F, and generally applicable permitting as required by the Township Code.
(b)
Small WCFs located within any district requiring nondiscriminatory
undergrounding of all utility installations shall be co-located on
existing or replacement wireless support structures. No new wireless
support structure may be installed for the purpose of supporting a
small WCF within any district requiring nondiscriminatory undergrounding
of all utility installations.
(c)
Small WCFs in the public right-of-way requiring the installation
of a new wireless support structure shall not be located directly
in front of any building entrance or exit.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
for review by the Township staff.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(3)
Timing of approval.
(a)
Within 60 days of receipt of an application for co-location
of a small WCF on a preexisting wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
(b)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Township Zoning Officer shall make a final decision on whether to
approve the application and shall notify the WCF applicant, in writing,
of such decision.
(c)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant, in writing, of any information that
may be required to complete such application.
(4)
Eligible facilities request.
(a)
Small WCF applicants proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be required only to obtain a building permit
from the Township.
(b)
In order to be considered for such permit, the small WCF applicant
must submit a building permit application to the Township in accordance
with applicable permit policies and procedures.
(5)
Nonconforming wireless support structures. Small WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs and
other nonconforming structures. Co-location of WCFs upon existing
tower-based WCFs is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
(6)
Application fees. The Township may assess appropriate and reasonable
application fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a WCF, as
well as related inspection, monitoring, and related costs, subject
to the limitations in this section, in an amount as established from
time to time by resolution of the Board of Commissioners.
(7)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Pennsylvania Uniform Construction
Code, or to the industry standard applicable to the structure. Any
small WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Township.
(8)
Historic buildings and districts. No small WCF may be located
within 100 feet of any property, or on a building or structure that
is listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed, located within an historic district,
or is included in the official historic structures list maintained
by the Township.
(9)
Prohibited in open space and conservation areas and the Scenic
River Overlay District. Small WCFs shall not be located within an
open space or conservation area or within 500 feet of a lot in open
space or conservation use or within the Scenic River Overlay District
boundary.
(10)
Wind and ice. All small WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure.
(11)
Radio-frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio-frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65,
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio-frequency emissions standards to the Township
Secretary on an annual basis. A small WCF generating radio-frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Township reserves the authority to
revoke the permit of any small WCF generating radio-frequency emissions
in excess of the standards and regulations of the FCC.
(12)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCFs in the right-of-way based on public safety, traffic
management, physical burden on the right-of-way and related considerations.
(13)
Accessory equipment. Small WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
right-of-way as determined by the Township.
(14)
Graffiti. Any graffiti on the wireless support structure or
on any accessory equipment shall be removed at the sole expense of
the owner within 10 days of notification by the Township.
(15)
Design standards. All small WCFs in the Township shall comply
with the requirements of the Township Small Wireless Communications
Facility Design Manual, a copy of which is on file with Upper Allen
Township.
(16)
Co-location. An application for a new small WCF in the right-of-way
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a small WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-half-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(17)
Relocation or removal of facilities. Within 90 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small WCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(18)
Inspection by the Township. The Township reserves the right
to inspect any small WCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law.
(19)
Inspection and inspection reports. No later than the first day
of December of each even- numbered year, the owner of the small WCF
shall have said small WCF inspected by a Pennsylvania-licensed and
registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Township Zoning Officer no later than the
first day of March following the inspection. Any repairs advised by
the report shall be effected by the owner no later than 60 calendar
days after the report is filed with the Township. No later than 30
calendar days upon completion of aforesaid repairs, the small WCF
shall again be inspected in accordance with the parameters and requirements
described herein.
(20)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section, every small WCF in the right-of-way
is subject to the Township's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Township's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Township. The owner of each small WCF shall pay an annual fee
to the Township, in an amount as established from time to time by
resolution of the Board of Commissioners, to compensate the Township
for the Township's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
G.
Regulations applicable to all wireless facilities.
(1)
Township-controlled property. Nothing in § 245-14.16 shall be deemed to create any offer, right, or entitlement to use Township-controlled property for the construction or operation of tower-based WCFs, non-tower WCFs, small WCFs, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Upper Allen Township may be exempt from the requirements of § 245-14.16. The Board of Commissioners retains the right to require applicants to obtain site plan approval from the Planning Commission in accordance with the requirements of § 245-14.16. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Township-controlled property until a license or lease agreement authorizing such wireless facility has been approved by the Board of Commissioners.
(2)
Penalties. Any person violating any provision of this section
shall be subject, upon finding by a Magisterial District Judge, to
a penalty not exceeding $500, for each and every offense, together
with attorneys' fees and costs. A separate and distinct violation
shall be deemed to be committed each day on which a violation occurs
or continues to occur. In addition to an action to enforce any penalty
imposed by this section and any other remedy at law or in equity,
the Township may apply to a Federal District Court for an injunction
or other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this section.
(3)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefor. Except in the case of an emergency, the person shall
have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Township may, in its reasonable judgment, extend the time period to
cure, provided the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Township may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
(4)
Revocation of zoning permit. Any zoning permit granted under § 245-14.16 may be revoked by the Board of Commissioners after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the conditional use authorization have been materially violated, the Board of Commissioners may revoke the zoning permit.
H.
Insurance and indemnification of wireless facilities.
(1)
Insurance. Each person that owns or operates a wireless communications
facility is required to purchase and maintain general liability insurance
and property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower-based WCF shall provide
the Township with a certificate of insurance evidencing general liability
coverage in the minimum amount of $5,000,000 per occurrence and property
damage coverage in the minimum amount of $5,000,000 per occurrence
covering the tower-based WCF.
(b)
Each person that owns or operates a non-tower WCF shall annually
provide the Township with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the non-tower WCF.
(c)
Each person that owns or operates a small WCF shall annually
provide the Township with a certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the small WCF.
(2)
Indemnification. Each person that owns or operates a tower-based
WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense,
indemnify, defend and hold harmless the Township, its elected and
appointed officials, employees and agents, at all times against any
and all claims for personal injury, including death, and property
damage arising in whole or in part from, caused by or connected with
any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of each of its WCFs.
Each person that owns or operates a tower-based WCF, a non-tower WCF,
or a small WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of each of its WCFs. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs, and all other
costs of indemnification.
I.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking
any other action pursuant to this chapter, does not waive, reduce,
lessen or impair the lawful police powers vested in the Township under
applicable federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause,
phrase or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this chapter invalid.
(3)
Effective date. This section shall become effective immediately
after enactment by the Board of Commissioners of Upper Allen Township.
A.
The parcel of contiguous land owned by the owner of a large livestock
operation must be and remain at least 50 acres. In the event the parcel
of contiguous land in common ownership consists of more than one "tract,"
as defined in this chapter, the owner must merge such tract by a recordable
agreement with the Township, which will preclude the tract from being
placed in separate ownership without Township subdivision approval.
(1)
Irrespective of the provisions of this section, any large livestock
operation in existence prior to the enactment of this chapter may
not expand such operation without obtaining a conditional use approval
from the Board of Commissioners of Upper Allen Township and shall
be subject to the following limitations:
(a)
The gross floor area of buildings housing such livestock may
not be expanded to more than double the gross floor area housing such
livestock.
(b)
The number of equivalent animal units may not be more than doubled.
For this purpose, both the number of animal equivalent units present
on the property prior to the enactment of this chapter and the number
permitted by this section shall be calculated by reference to Title
25, Chapter 83, subchapter D, Table A, referred to in the Pennsylvania
Code (§ 83.212).
(2)
Any building constructed after the date of the enactment of
this chapter to house animals in a confined livestock operation must
maintain the following setbacks:
(a)
From a dwelling not owned by the owner of the confined livestock
operation, a church, a building used in connection with a home occupation
or small business, or other building occupied by human beings at least
10 hours a week: 500 feet.
(b)
From a property line: 100 feet.
(c)
Buildings housing animals shall not be located within the floodplain.
(d)
From a well not owned by the owner of the confined livestock
operation: 150 feet.
B.
Irrespective of the setback requirements of this section, a new building
to provide housing for animals may be located in the aforesaid setback
area, provided:
(1)
There was, prior to the enactment of this chapter, other building
housing animals within the required setback area.
(2)
The new building housing livestock will not project further
into the required setback area than did the building in existence
prior to the enactment of this chapter.
(3)
The number of equivalent animal units on the parcel where the
large livestock operation is or will be located, after construction
of the proposed building, not be more than double the number that
were present on such tract prior to the enactment of this chapter.
C.
The owner of the confined livestock operation must establish and
maintain an access to the large livestock operation so that all motor
vehicles making a right turn (whether entering or leaving the property)
can do so without first having to enter the left-hand side of the
public highway. Such access is required only for motor vehicles going
in one direction, with the direction of travel to be selected by the
Township, provided such vehicles do not in fact travel in the other
direction. In the event vehicles should travel in the other direction,
the owner of the large livestock operation shall be required to alter
the access so that vehicles will not be required to enter the left
side of the public highway to complete the turn. In the event motor
vehicles entering or leaving the large livestock operation by making
a right turn in fact enter the left lane of the public highway, the
owner of the operation shall revise the access so that motor vehicles
entering or leaving the operation by making a right turn can do so
without entering the left lane of the public highway.
(2)
The confined livestock operation must ensure dead animals, if
disposed of on the property, are disposed of in strict accordance
with the applicable standards of the Pennsylvania Department of Environmental
Protection and until such disposition, irrespective of whether such
disposition occurs on the property, are kept in airtight containers,
if turkeys, chickens or piglets, and are kept in a manner so as to
minimize the spread of odors and disease of larger animals.
(3)
The owner of the property on which a building to house animals
in a confined livestock operation is located shall remove such building
within five years following the time such building ceases to be utilized
to provide housing for livestock, unless prior thereto such owner
attains a use or occupancy certificate from the Township to utilize
such building for another purpose. Such a use or occupancy certificate
shall not be granted to permit use of such building for storage purposes,
unless:
(a)
Such storage is of materials utilized in conjunction with the
agricultural use of the property.
(b)
At least 50% of the gross floor area of the building is utilized
for such storage purposes.
(c)
A property owner shall not obtain a use or occupancy certificate
permitting a different use unless the owner has maintained the buildings
so that windows are not out, substantial rust does not appear, and
the building is in otherwise reasonably good condition. Following
the issuance of such use or occupancy certificate, the building must
be maintained in the same condition as at the time the certificate
is issued.
A.
The continuing care retirement community is designed primarily for
persons aged 55 and over.
B.
C.
The following uses shall be permitted as accessory uses in the continuing
care retirement community for the use of residents and guests:
(3)
Each accessory use shall be located in a building occupied by
residential uses or in a community activities building.
(4)
Each accessory commercial use shall not exceed 2,500 square
feet of net floor area (for accessory commercial uses, net floor area
as defined herein shall also exclude food preparation areas and lavatories).
(a)
The total area reserved of commercial accessory uses shall not
exceed 4% of the total land area, including buildings, sidewalks,
open space, access drives and parking, and no more than 25,000 square
feet, whichever is less.
(b)
Five parking spaces per net floor area shall be provided for
each accessory commercial use in addition to other required parking
for the facility.
D.
Continuing care retirement communities in the R-3 and INS Zones shall
meet the following area, density, coverage and yard requirements:
(1)
Minimum development area shall be 10 acres.
(2)
Maximum density for residential units shall be 18 units per
acre.
(3)
Maximum impervious lot coverage shall be 60%.
(4)
Minimum vegetative coverage shall be 40%.
(6)
More than one building on a single lot shall meet the following
minimum interior yard spacing requirements:
E.
Continuing care retirement communities shall be permitted as a conditional use in the R-2 Zone and shall, in addition to the general conditional use standards and criteria set forth in § 245-19.14, also meet the following requirements:
(1)
Minimum development area shall be eight acres.
(2)
Maximum density for residential units shall be 18 units per
acre.
(3)
Maximum impervious lot coverage shall be 45%, and not more than
30% of the lot shall be occupied by buildings.
(4)
Minimum vegetative coverage shall be 55%.
(6)
More than one building on a single lot shall meet the following
minimum interior yard spacing requirements:
(7)
The minimum habitable floor area for residential units shall be in accordance with § 245-16.7, herein; for those facilities regulated by Pennsylvania statute, the commonwealth rules and regulations shall take precedent over Township regulations.
(8)
Continuing care retirement communities shall only be permitted
as a conditional use in the R-2 Zoning District when the tract upon
which the continuing care retirement community to be constructed is
located within 100 feet of an R-3 Zoning District.
(9)
The exterior materials of all proposed structures shall be architecturally
compatible with the residential dwellings located upon adjacent properties.
(10)
The Board of Commissioners of Upper Allen Township may require
an applicant for the conditional use to complete a traffic study to
demonstrate compliance with the criteria set forth in § 245-19.14.C.
F.
Staging of development. When the continuing care retirement community
is to be developed in stages, the following criteria must be met:
(1)
The land development plan presented to the Township must show
the approximate location and type of use for each stage of the development.
(2)
If nonresidential uses will be a part of the development, the
sequencing shall be shown so that not all residential development
is constructed prior to the construction of the nonresidential development,
unless the development involves an existing continuing care retirement
community that already includes existing nonresidential components,
in which case the staging requirement would not apply.
G.
Public water and public sewer shall be required.
H.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
(1)
The plan shall indicate the extent in which existing vegetation
will be preserved for landscaping purposes.
(2)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings, in
accordance with the Upper Allen Township Subdivision and Land Development
Ordinance.[1]
(3)
Landscaped areas shall be continually maintained by the landowner
or retirement community association. Care, grooming, and replacement
of plants shall be included as part of the required maintenance. Failure
to adequately maintain landscaped areas shall be subject to a citation
issued by the Township.
(4)
In addition to landscape elements, the plan shall include the
layout of walkways, lighting in accordance with the Upper Allen Township
Subdivision and Land Development Ordinance and recreation areas throughout
the development for the safety and security of the residents.
(a)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points, if applicable.
(b)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(c)
The layout and design of pedestrian-level streetlighting shall
be provided throughout the development and parking areas.
(5)
Parking areas within the continuing care retirement community
shall be adequately landscaped in order to provide shade, to screen
vehicles from public streets, and to reduce glare and noise within
the development itself, and shall be designed in accordance with the
Upper Allen Township Subdivision and Land Development Ordinance.
I.
The continuing care retirement community shall provide proof that
all applicable state, county and Township licenses have been obtained.
A.
The minimum lot size shall conform to the lot size of the zoning
district in which the use is located.
B.
All height, setback and coverage standards shall be in accordance
with the zoning district in which the use is located.
C.
A site circulation plan shall be provided that depicts the separation
of fueling service areas and convenience store areas. The plan shall
show the location and dimensions of all structures, fuel pumps and
location of the tank field; the location and dimensions of parking,
landscaping areas and signage; and the description of internal circulation
and access, in accordance with the standards herein.
D.
Driveway locations shall be in accordance with Article XVII of this chapter. Minimum setback for access drives shall meet the following standards:
F.
Motor vehicles shall not be permitted to be parked on sidewalk areas.
G.
Minimum setback of fuel pumps from parking areas shall be 20 feet.
H.
Outdoor display. All merchandise, except oil racks, shall be displayed
within a building. Vending machines shall be maintained in a semi-enclosed
structure or within the building.
J.
All uses involving drive-through service shall provide on-site stacking lanes for at least five cars to prevent vehicle backups on adjoining roads, in accordance with § 245-14.21.
K.
Fuel delivery shall not impede traffic-flow patterns.
L.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
The traffic study shall be completed in accordance with the
Township subdivision and land development requirements.
B.
No outside alterations to the building shall be permitted except
those required by fire protection regulations.
C.
No more than two dwelling units shall be added.
D.
The conversion apartments shall meet the minimum habitable floor area requirements of § 245-16.7 in this chapter.
E.
A common principal entrance shall be maintained unless there is more
than one principal entrance in existence at the time alterations are
made.
A.
Ingress and egress standards shall meet the requirements of the Township
Subdivision and Land Development Ordinance along with the following
criteria:
(1)
The minimum distance of any driveway to property line shall
be 10 feet.
(2)
The minimum distance between driveways on the site shall be
65 feet, measured from the two closest driveway curbs.
(3)
The minimum distance of a driveway into the site from a street
intersection shall be 60 feet, measured from the intersection of the
street right-of-way to the nearest end of the curb radius.
(4)
The angle of driveway intersection with the street shall be
based upon safe traffic movements and shall be approved by the Township
Engineer or his/her designee.
(5)
Drive-in facilities adjacent to or integrated in a shopping
center or cluster of commercial facilities shall use the common access
with other business establishments in that center.
B.
All drive-in-facility buildings and structures shall be designed
and planned to take advantage of and be compatible with natural features
of the site and area.
D.
All drive-through windows shall be separated from the parking lot's
interior driveways and have stacking lanes of at least 100 feet in
length for professional offices, pharmacies and financial institutions
and 160 feet for fast-food businesses.
E.
Outside speakers shall not be audible from any residential area.
F.
All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines in accordance with Subsection D above.
G.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
The traffic study shall be completed in accordance with the
Township subdivision and land development requirements.
A.
Minimum lot area: 20,000 square feet.
B.
Public sewer and public water shall be used.
C.
All height, area, setback and coverage standards within the underlying
district shall apply.
D.
Emergency entrances, service bays, and garage doors shall be located
on a building wall facing away from adjoining residential uses and
residential districts.
E.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include,
at a minimum, the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
The traffic study shall be completed in accordance with the
Township subdivision and land development requirements.
F.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous wastes.
A.
Setbacks.
(1)
Outdoor farmers market structures, including display stands,
booths, tables, and stalls, shall comply with the accessory building
setbacks in the district in which they are located unless a more restrictive
setback is required by this section.
(2)
Outdoor farmers market structures, including display stands,
booths, tables, and stalls, shall be set back 25 feet from adjacent
residential property lines and zoning districts.
(3)
Structures shall be set back at least 10 feet from a street
right-of-way and shall not be situated such that it interferes with
any clear sight triangle.
B.
Area/coverage.
(1)
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and or outdoor areas as listed in Subsection A above.
(2)
Farmers markets in the Agricultural and Low-Density Residential
Districts shall have no more than 10 vendors or a retail sales area
of no greater than 1,500 square feet.
C.
Height.
(1)
Outdoor farmers market structures shall be in conformance with
building height regulations for principal structures of the zoning
district in which it is located.
D.
Parking.
(1)
Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.
(2)
In the event that a farmers market is located on a property
that has a principal use with days or hours of operation that does
not overlap with the days or hours of operation of a farmers market,
any parking spaces serving the principal use may be counted toward
the required number of parking spaces for a farmers market. In the
event that a farmers market is located on a property that has a principal
use with hours of operation that overlap with the hours of operation
of a farmers market, shared parking may be permitted only if the applicant
can demonstrate that the parking provided will be sufficient for each
use.
(3)
No vehicles shall block access to neighboring properties or
traffic flow while unloading and loading material.
E.
Hours of operation.
(1)
Hours of operation, including setup and removal of all displays
and products, for outdoor farmers market shall be limited to the hours
between sunrise and sunset.
F.
Market operations.
(1)
All farmers market shall have a market manager authorized to
direct the operations of all vendors participating during all hours
of operation.
(2)
All farmers market shall have an established set of operating
rules addressing the governance structure of the farmers market, hours
of operation, maintenance and security requirements and responsibilities,
and appointment of a market manager.
(3)
At least 75% of the products for sale shall be farm products
or value-added farm products. At least 75% of the vendors regularly
participating during the market's hours of operation shall be producers,
or family members or employees of producers.
(4)
Exterior public address systems for outdoor farmers markets
shall be arranged and designed so as to prevent objectionable impact
on neighboring properties.
(5)
All temporary structures used for outdoor farmers market shall
be removed on the same day of operation. In the event that an outdoor
farmers market will operate for two or more consecutive days on a
property, temporary structures shall be removed after operations or
stored in a building on site.
(6)
All applications shall include a plan for the cleanup of litter.
Exterior trash receptacles shall be provided for all outdoor farmers
market. All trash generated from a farmers market shall be disposed
of immediately following the closing of the operation.
(7)
An outdoor farmers market cannot obstruct a sidewalk or path
that is part of a pedestrian or bicycle transportation system.
(8)
All farmers markets and their vendors shall receive all required
operating and health permits and licenses from the Pennsylvania Department
of Agriculture or local health department. These permits/licenses
(or copies) shall be in the possession of the farmers market manager
or the vendor, as applicable, on the site of the farmers market during
all hours of operation.
(9)
A site plan shall be submitted with the permit application showing
all existing improvements on the property, number and location of
off-street parking areas and driveways (including traffic control
patterns), locations used for unloading and loading of products, and
the specific area (dimensioned) of the property to be occupied by
the farmers market.
Golf courses, including accessory uses (e.g., clubhouse, parking
lots, storage sheds, pro shop, snack bar, restaurant, swimming pools,
etc.), are subject to the following criteria:
A.
The minimum lot area shall be not less than: 45 acres for a par 3,
18-hole course; 60 acres for a nine-hole or executive golf course;
and 100 acres for a regulation 18-hole course.
B.
A golf course may include the following accessory uses:
(1)
A clubhouse with a pro shop, offices, restaurant/snack bar,
game room, and child-care room.
(2)
Golf cart maintenance and equipment storage and service facilities.
No outdoor maintenance or storage of golf carts shall be permitted.
(3)
Practice putting greens and driving range, without outdoor lighting.
C.
The construction of a golf course shall be considered a "development"
and subject to all appropriate requirements of the Township Zoning
Ordinance and Subdivision and Land Development Ordinance.
D.
All applicants shall submit plans to the Township Engineer or his/her
designee and Cumberland County Conservation District at least 30 days
before the public hearing. In addition to requirements of the Upper
Allen Township Subdivision and Land Development Ordinance, the plans
shall include the following information:
(1)
Earth-moving and erosion-control management;
(2)
Runoff controls for herbicides, pesticides, fungicides, and
fertilizer, and plans for disposal of the containers for those items;
(3)
Water use plan, including emergency condition usage;
(4)
Wastewater treatment and disposal plan;
(5)
Traffic study. A traffic study shall be submitted by the applicant
in accordance with the Upper Allen Township Subdivision and Land Development
Ordinance.[1] The traffic study shall include, at a minimum, the following
study elements:
(a)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(b)
Traffic generation impact on adjacent roadway systems within
1/2 mile from the edge of the facility.
(6)
Mosquito control; and
(7)
Nutrient plan to ensure no excess nitrates, herbicides, pesticides,
fungicides or other fertilizer is used; when alternatives that are
less potentially harmful to the environment are available, they shall
be used.
E.
No golf hole shall be arranged to require a golf ball to be driven
across any building, road, driveway or parking lot.
F.
Any points when the golf course crosses a road(s), driveway or parking
lot shall be signed, warning motorists and pedestrians, and any private
road shall contain speed bumps.
G.
In addition to the setback regulations of the district in which the
use is located, the following setback regulations shall be required.
(1)
Fairways and greens shall be set back a minimum of:
(a)
One hundred and fifty feet from any residential structures.
For undeveloped residential lots abutting the golf course, the one-hundred-fifty-foot
setback shall be measured from the closest setback line of the abutting
property and common property line.
(b)
Fifty feet from any nonresidential lot line of an abutting property
or the existing street right-of-way line.
(2)
All accessory uses of the golf course shall be set back at least
100 feet from all lot lines.
(3)
All golf course buildings shall be set back 100 feet from any
adjoining roads and parcels.
(4)
Parking shall be set back at least 30 feet from any adjoining
lot lines, be paved with asphalt, and screened from adjoining residentially
zoned or used property in accordance with buffer yard type 1, as set
forth in the Upper Allen Township Subdivision and Land Development
Ordinance[2] and Article XVII of this chapter. The number of required parking spaces shall be the amount required for the golf course plus accessory uses.
[Amended 10-4-2023 by Ord. No. 828]
A.
Facility operators shall be responsible for meeting all state and
federal licensing and registration requirements and shall provide
proof of compliance with Title 55, Chapters 20, 3270, 3280, and 3290
of Title 55, Human Services, of the Pennsylvania Code, and the Pennsylvania
Department of Aging, Pennsylvania Code, Title 6, Chapter 11, as revised
or amended.
B.
Family child-care homes. The following additional standards shall
apply for family child-care homes:
(1)
The use shall be conducted only by the residents within a detached,
semidetached, or attached single-family dwelling in which the use
is situated. Not more than one nonresident employee shall be permitted.
One additional off-street parking space shall be provided for any
nonresident employee.
(2)
The applicant shall demonstrate that the current lease or homeowner's
covenant contains no clause which prohibits the proposed use.
(3)
Dropoff area. One on-site dropoff space for clients shall be
provided. An existing driveway or common parking lot space may be
used as the dropoff area if it can be demonstrated that there is sufficient
space available in the driveway that is not otherwise occupied or
committed to safely accommodate a parked vehicle. If a driveway is
used for a dropoff area and the proposed use fronts an arterial or
collector roadway, an on-site turnaround area shall be provided so
that vehicles can exit the site driving forward. In cases where an
existing driveway cannot function as a dropoff area, an on-site dropoff
space shall be provided. The dropoff area shall conform to the dimensional
standards of an off-street parking space.
(4)
An outdoor play area shall be provided in accordance with state
regulations.
C.
Group child-care homes. The following additional standards shall
apply for group child-care homes:
(1)
When the accessory day care use is to be operated within a residential
use, the following shall apply:
(a)
The use shall be conducted only by the residents within a detached
single-family dwelling in which the use is situated.
(b)
One additional off-street parking space shall be provided for
each nonresident employee above that required for the residential
use.
(c)
Dropoff area. One on-site dropoff space for clients shall be
provided. An existing driveway or common parking lot space may be
used as the dropoff area if it can be demonstrated that there is sufficient
space available in the driveway that is not otherwise occupied or
committed to safely accommodate a parked vehicle. If a driveway is
used for a dropoff area and the proposed use fronts an arterial or
collector roadway, an on-site turnaround area shall be provided so
that vehicles can exit the site driving forward. In cases where an
existing driveway cannot function as a dropoff area, an on-site dropoff
space shall be provided. The dropoff area shall conform to the dimensional
standards of an off-street parking space.
(d)
An outdoor play area shall be provided in accordance with state
regulations.
(2)
When the accessory day care use is to be operated within a nonresidential
use, the following shall apply:
(a)
The use shall be located at and shall be accessory to a legally
established house of worship, a public or nonpublic school, or a place
of employment. Such buildings shall obtain a Pennsylvania Department
of Labor and Industry occupancy permit.
(c)
Dropoff area. The facility shall provide for safe off-street
pickup and dropoff points in order to minimize traffic congestion.
Vehicles shall enter and exit from the pickup and dropoff points at
least 60 feet from any intersection. The passenger pickup and dropoff
points shall be arranged so that the passengers do not have to cross
traffic.
(d)
An outdoor play area shall be provided in accordance with state
regulations. Adult passive recreation areas may be provided for older
adult daily living centers. Off-street parking compounds shall not
be used as outdoor play areas. Outdoor play areas shall not be located
within the front yard and must be set back 25 feet from all property
lines. However, when a written agreement is provided by adjoining
property owners, the setback may be reduced to 15 feet in the side
and rear yards. Outdoor play areas shall be completely enclosed by
a minimum four-foot-high fence that shall screen the area from adjoining
residentially zoned or used properties. All outdoor play areas must
provide a means of shade such as a shade tree(s) or pavilion(s).
(3)
The applicant shall demonstrate that the current lease or homeowner's
covenant contains no clause which prohibits the proposed use.
(4)
Distance between facilities. In order to avoid a concentration
of individual group child-care homes in residential neighborhoods,
group child-care homes located on properties within an agricultural
or residential zoning district shall be located a minimum of 300 feet
from each other as measured from the respective property lines. The
dispersion requirement shall not apply in cases where a proposed group
child-care home is located within 300 feet of a school facility or
place of worship which provides child care services. No minimum distance
requirement applies for properties located within other zoning districts.
D.
Child-care centers or older adult living centers. The following additional
standards shall apply for child-care centers or older adult living
centers:
(2)
Dropoff/pickup area location and design. The child-care center
shall provide safe off-street dropoff and pickup points in order to
minimize traffic congestion. Vehicles shall enter and exit from the
dropoff/pickup points at least 60 feet from any intersection. Whenever
possible, the dropoff/pickup area shall be located immediately adjacent
to the facility. The dropoff/pickup area should be designed in such
a way that pedestrians do not cross vehicular travel lanes in any
parking area or driveway. The dropoff/pickup area may be designed
either as a part of the on-site parking area or the required dropoff/pickup
spaces may be designed as part of the driveway providing direct access
to the child-care facility. When the dropoff/pickup area is incorporated
into the on-site parking area, the parking spaces nearest to the facility
shall be designated as dropoff/pickup spaces. When the dropoff/pickup
area is incorporated into a driveway, the dropoff/pickup area shall
be at least 12 feet in width in addition to the width of the driveway,
exclusive of the driveway through traffic lane(s).
E.
Indoor and outdoor play areas shall be provided in accordance with
state regulations and the following local requirements. Adult passive
recreation areas may be provided for older adult daily living centers.
Off-street parking compounds shall not be used as outdoor play areas.
Outdoor play areas shall not be located within the front yard and
must be set back 25 feet from all property lines. However, when a
written agreement is provided by adjoining property owners, the setback
may be reduced to 15 feet in the side and rear yards. Outdoor play
areas shall be completely enclosed by a four-foot-high fence and screened
from adjoining residentially zoned or used properties. Any vegetative
materials located within the outdoor play areas shall not be of a
harmful type (poisonous, thorny, allergenic, etc.). All outdoor play
areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
A.
Group homes and family care facilities shall meet the following purposes:
(1)
To develop reasonable guidelines so as not to discriminate against
any person in the terms, conditions or privileges of sale or rental
of a dwelling, or in the provision of services or facilities in connection
with such dwelling, because of a handicap, as provided by the Fair
Housing Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(2)
To reasonably regulate family care facilities that are recognized
as socially important but are not afforded the same protection as
group homes, under the Fair Housing Act and this chapter.
(3)
To promote the safety, health, morals, convenience and general
welfare of Upper Allen Township residents.
(4)
To encourage the most appropriate use of land throughout the
Township.
(5)
To conserve and stabilize the value of property in the Township.
(6)
To prevent the overcrowding of land and building in the Township.
(7)
To secure safety from fire, panic and other dangers.
B.
Group homes. A group home, as defined by this chapter, is permitted
in all zoning districts in Upper Allen Township except in districts
where dwellings are not permitted. To assist the Township in its review
process, the following information shall be provided to the Upper
Allen Township Zoning Officer prior to the issuance of a building
permit:
(1)
In a narrative form, a statement of the proposed use, including
its location, number of residents, name, telephone number and contact
person of the sponsoring agency.
(2)
A statement that all required approvals, permits and licenses
have been granted from the federal, state, and county governments
or other public agencies.
(3)
The group home shall comply with all zoning regulations in the
district in which the group home is located.
(4)
All other information that is required by the Upper Allen Township
Building Department prior to issuing a building permit shall also
be provided to the Township.
(5)
The group home shall maintain a similar appearance, condition
and character to the existing dwellings in the immediate vicinity
of the group home.
(6)
Occupants of the group home facilities shall live as a family
unit.
(7)
Under no circumstances shall any uses qualifying for or falling
under the definition of "halfway house" be considered a group home.
C.
Family care facilities. To assist the Township in its review process,
the following information shall be provided to the Upper Allen Township
Zoning Officer prior to the issuance of a building permit.
(1)
In a narrative form, a statement of the proposed use, including
its location, number of residents, name, telephone number and contact
person of the sponsoring agency.
(2)
A statement and verification that all required approvals, permits
and/or licenses have been granted from the federal, state, and county
governments or other public agencies.
(3)
The family care facility shall comply with all zoning regulations
in the district in which the family care facility is located.
(4)
All other information that is required by the Upper Allen Township
Building Department prior to issuing a building permit shall also
be provided to the Township.
(5)
No family care facility shall be established within 1,000 feet
of another family care facility or a group home.
(6)
The family care facility shall maintain a similar appearance,
condition and character to the existing dwellings in the immediate
vicinity of the family care facility.
(7)
Occupants of the family care facilities shall live as a family
unit.
(8)
Under no circumstances shall any uses qualifying for or falling
under the definition of "halfway house" be considered a family care
facility.
Group quarters. Group quarters include, but are not limited
to, lodging houses or boardinghouses, fraternity and sorority houses,
and quarters of an institutional nature.
A.
Any group quarters shall have a minimum of 350 square feet of habitable
floor area provided for each occupant.
B.
A common kitchen and dining facility shall be provided, and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require any kitchen and dining facilities
if the affiliated institution provides them elsewhere.
C.
All group quarters shall be connected to public water and public
sanitary sewage facilities.
D.
All group quarters shall comply with the Federal Life Safety Code,
the rules and regulations of the Pennsylvania Department of Labor
and Industry, and all other applicable building, safety, and fire
codes of the federal, state, or local government.
A.
A halfway house must be licensed where required by an appropriate
government agency(ies) and shall be in compliance with all applicable
rules and regulations of the licensing body(ies). A copy of any required
license must be delivered to the Township prior to beginning the use.
B.
A halfway house shall be directly affiliated with a parent institution
or organization, which shall provide full-time supervision and administration
to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
D.
The residents of the halfway house shall reside on the premises to
benefit from the services provided.
E.
Necessary permits for water supply and sanitary waste disposal must
be obtained.
F.
The halfway house shall not be located within 1,000 feet of any religious
structure, public recreation facility, school facility, day-care center
or public library.
G.
The halfway house shall not be located with 1,000 feet of another
halfway house.
H.
Each special exception application shall be accompanied by a statement
describing the following:
(1)
The composition of the halfway house;
(2)
The policies and goals of the halfway house and the means proposed
to accomplish those goals;
(3)
The characteristics of the residents and number of residents
to be served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the halfway
house.
I.
Any use permit granted for the halfway house shall be bound to the
type and number of offenders listed on the application. Any change
in the type or number of offenders being housed shall require a new
hearing before the decision-making body.
A.
Honeybee apiaries for noncommercial purposes shall be permitted as
an accessory use in certain zoning districts for residential or agricultural
lots with a single-family detached dwelling.
B.
Honeybee apiaries, where permitted as an accessory use, shall comply
with the Pennsylvania Bee Law (3 Pa. C.S.A. §§ 2101
to 2117), and subject to the following regulations:
(1)
Best management practices. Beekeeping facilities must be consistent
with the Pennsylvania Department of Agriculture "Best Management Practices
for Maintaining European Honey Bee colonies in the Commonwealth of
Pennsylvania."
(2)
Registration. The apiary must be properly registered with the
Pennsylvania Department of Agriculture, Bureau of Plant Industry,
pursuant to applicable Pennsylvania state laws.
(3)
Ownership and care. Ownership, care and control of the honeybee
shall be the responsibility of a resident of the dwelling on the lot
or the individual listed on the registration.
C.
Colony density. One hive is permitted for every 4,000 square feet
of lot area, with a maximum of three hives that may be kept on a lot.
E.
Flyway barriers. For all colonies located on a property, a flyway
barrier of at least six feet in height consisting of a solid wall,
fence or dense hedge parallel to the property line and extending at
least 10 feet beyond the apiary in each direction is required.
F.
Water. A supply of fresh water shall be maintained in a location
readily accessible to all bee colonies on the site throughout the
day to prevent bees from congregating at neighboring swimming pools
or other sources of water on nearby properties.
G.
Safety.
(1)
In any instance in which a hive exhibits unusually aggressive
characteristics it shall be the duty of the beekeeper to destroy or
requeen the hive.
(2)
Hives must be located within a secured area to protect the colony
and prevent direct access by the public.
(3)
Hive type. No person shall keep or maintain honeybees in any
hive other than a modern moveable frame hive which permits thorough
examination of every comb to determine the presence of bee disease.
H.
Signage. Signage shall be posted at a residential location where
beekeeping occurs.
A.
The facility operator shall meet all state and federal rules and
regulations for health-care facilities.
B.
All applicants shall provide evidence that the hospital will be conducted
in a manner that will not be detrimental to neighboring property owners.
C.
Minimum lot area: five acres.
D.
Minimum street frontage: 300 feet.
E.
Public sewer and public water shall be used.
F.
The subject property shall have frontage along an arterial or collector
roadway or have direct access to an arterial roadway via a collector
or local street that intersects with an arterial roadway within one-half
mile of such facility.
G.
All height, area, setback and coverage standards within the underlying
district shall apply.
H.
Emergency entrances shall be located on a building wall facing away
from adjoining residential uses and residentially zoned properties.
I.
A traffic study is required. A traffic study shall be submitted by
the applicant in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance.[1] The traffic study shall include at a minimum the following
study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently
accessible for patrons traveling to and from the site by bus. The
location for a bus stop must be provided even if current bus service
is unavailable. The bus stop area shall include a shelter, seating,
waste receptacle, and shaded area.
J.
The institution shall submit a copy of its emergency operations plan
(EOP) to the Township Emergency Management Agency Coordinator. The
EOP shall include detailed information regarding solid, medical and
hazardous materials and waste handling, including a listing of all
medical and hazardous materials and wastes used and generated on site
and evidence indicating the disposal of all materials and wastes will
be accomplished in a manner that complies with state and federal regulations.
A.
The keeping or raising of livestock, horses, or fur-bearing animals
shall be limited to lots of at least five acres in area. Lots of five
acres shall be limited to two head of livestock or horses. Lot sizes
ranging from six acres to 10 acres shall allow two additional head
of livestock or horses per acre.
B.
The keeping or raising of chickens or poultry shall be subject to the provisions within § 245-14.33 herein.
C.
Livestock shall be considered those animals commonly raised on farms
in this area, such as: cows, sheep, goats and pigs.
D.
Any building used for the keeping or raising of livestock, horses,
fur-bearing animals shall be situated not less than 200 feet from
any street line or residential property line. Not more than 3% of
the total lot area shall be impervious surfaces.
E.
Riding academies, livery or boarding stables, commercial dog kennels
are not included in this provision.
F.
All buildings associated with this use, i.e., barns, sheds and silos,
shall be permitted.
G.
Where this use adjoins existing residential uses, buffering in accordance with § 245-16.5 of this chapter shall be provided.
A.
The keeping or raising of chickens or poultry for noncommercial purposes shall be permitted as an accessory use for residential or agricultural lots with a single-family detached dwelling. The keeping or raising of chickens or poultry for commercial purposes shall be subject to the provisions within § 245-16.5 of this chapter.
B.
The keeping of chickens or poultry shall be limited to three fowl
per every one acre of land for residential or agricultural lots of
less than five acres in size. Lots of five acres shall be limited
to 50 fowl. Lot sizes ranging from six to 10 acres shall allow 50
fowl per acre.
C.
Keeping of roosters is prohibited on lots of less than five acres.
D.
All fowl shall be provided with a stationary, covered, predator-proof
cage or other shelter, designed to be easily accessed and cleaned.
The minimum coop size shall provide at least three square feet per
chicken in order to permit free movement of the chickens, exclusive
of areas used for storage of materials or vehicles. Coops shall have
vents to ensure adequate ventilation. If an outside run is permitted,
it shall allow for a minimum of 10 square feet per fowl and shall
be enclosed in a way that contains the fowl and is predator proof.
E.
Coops shall be maintained of hen droppings, uneaten feed, feathers
and other waste weekly and as is necessary to ensure that the coop
and yard do not become a health, odor or other nuisance.
F.
Coops shall be constructed as to prevent rodents from being harbored
underneath or within the enclosure.
G.
Feces and deceased fowl shall be disposed of in a legal manner that
does not become a nuisance to adjoining properties.
H.
Any building used for the keeping or raising of poultry may be erected,
set or placed inside rear or side yards, provided that:
(1)
For lots less than five acres in size, the accessory structure
shall be situated not less than five feet from the lot line and no
less than 25 feet from any residential or nonresidential structure
on an adjacent lot.
(2)
For lots of five acres or more, the accessory structure shall
be situated not less than 200 feet from any street line or property
line.
(3)
All accessory buildings or structures shall be included in the
lot coverage.
I.
All grazing or pasture areas shall be fenced to prevent the poultry
from roaming.
J.
All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and § 245-16.3 herein.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
K.
In the event any chickens or fowl give birth, thereby exceeding the
number of animals allowed by the maximum set forth in this subsection,
the owner of said chickens or fowl and/or the occupier of the premises
shall conform to the maximum number permitted for the lot within six
months of the birth of the animal.
A.
All exotic wildlife shall be properly caged or restricted to prevent
harm to residents of the Township.
B.
Anyone in possession of exotic wildlife must possess an exotic wildlife
possession permit issued by the Pennsylvania Game Commission under
the guidelines of the Game and Wildlife Code, 34 Pa.C.S.A. § 2963.
C.
No manure shall be stored within 200 feet of any property line.
A.
No vehicle, material, or display of goods shall occupy any part of
the existing or future street right-of-way, front yard, required parking
area, or required buffer area.
B.
Pickup and receiving (loading and unloading) areas shall be located
behind the front face of the building and otherwise compliant with
setback and screening requirements of the underlying zoning district.
All pickup and receiving areas shall contain an all-weather, dust
free surface.
C.
Outdoor storage of products and material is permitted as part of
a nonretail or retail landscaping and garden service; however, these
areas shall be screened from view by a six-foot high privacy fence
or a hedge row during off business hours.
A.
In addition to residential units (living and sleeping quarters with
or without kitchen facilities), the following accessory uses may be
provided for the exclusive use of residents and their guests. These
special services may include, but are not limited to, the following
services:
B.
In addition to residential units, the following accessory commercial
uses shall be permitted.
C.
Each accessory use shall be located in a building occupied by residential
units.
D.
Each accessory structure shall not occupy more than 2,500 square
feet of net floor area (excluding food preparation areas and lavatories).
E.
The total space allotted for accessory commercial uses within a single
building shall not exceed 10% of the total gross building area.
F.
The maximum density for residential units in the R-3 and INS Zoning
Districts shall be 20 units per acre and in the R-2 Zoning District
shall be 18 units per acre.
G.
H.
Long-term-care nursing and personal care facilities shall be permitted as a conditional use in the R-2 Zoning District and shall, in addition to the general conditional use standards and criteria set forth in § 245-19.14, also meet the following requirements:
(1)
Minimum tract area shall be eight acres.
(4)
Maximum impervious lot coverage shall be 45%.
(5)
Minimum vegetative coverage shall be 55%.
(6)
Long-term-care nursing and personal care facilities shall only
be permitted as a conditional use in the R-2 Zoning District when
the tract upon which the long-term-care nursing or personal care facility
is located is within 100 feet of an R-3 Zoning District.
(7)
The exterior materials of all proposed structures shall be architecturally
compatible with the residential dwellings located upon adjacent properties.
(8)
The Board of Commissioners of Upper Allen Township may require
an applicant for the conditional use to complete a traffic study to
demonstrate compliance with the criteria set forth in § 245-19.14.C.
I.
Public water and public sewer shall be required.
J.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
(1)
The plan shall indicate the extent in which existing vegetation
will be preserved for landscaping purposes.
(2)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings in accordance
with the Upper Allen Township Subdivision and Land Development Ordinance.[1]
(3)
Landscaped areas shall be continually maintained by the landowner
or home operator. Care, grooming and replacement of plants shall be
included as part of the required maintenance. Failure to adequately
maintain landscaped areas shall be subject to a citation issued by
the Township.
(4)
In addition to landscape elements, the plan shall include the
layout of walkways, lighting in accordance with the Upper Allen Township
Subdivision and Land Development Ordinance[2] and recreation areas throughout the development for the
safety and security of the residents.
(a)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points, if applicable.
(b)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(c)
The layout and design of pedestrian-level streetlighting shall
be provided throughout the development and parking areas.
(5)
Parking areas within the continuing care retirement community
shall be adequately landscaped in order to provide shade, to screen
vehicles from public streets, and to reduce glare and noise within
the development itself and shall be designed in accordance with the
Upper Allen Township Subdivision and Land Development Ordinance.
K.
The facility shall provide proof that all applicable state, county
and Township licenses have been obtained.
A.
Laundry and dry-cleaning establishments shall be intended for personal
use only.
B.
Public sewer and public water shall be required.
C.
All activities shall be conducted within a completely enclosed building.
D.
Dry-cleaning services shall be limited to pickup and dropoff only,
with no on-site dry cleaning permitted.
E.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned or used property.
F.
Self-service laundromats shall require one off-street parking space
for each 1.5 washing machines; other laundry-related uses shall provide
one off-street parking space for each 400 square feet of gross floor
area.
G.
During operation or cleanup or maintenance, all windows and doors
on walls facing adjoining residential zones or uses shall be kept
closed.
H.
The decision-making body may require a traffic study in accordance
with the Township Subdivision and Land Development Ordinance.
A.
Parking for the individual storage units shall be provided by parking/driving
lanes adjacent to the buildings. These lanes shall be at least 20
feet wide where access to storage units is on both sides of the aisle
and based on review by the Township Fire Chief.
B.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
C.
The servicing or repair of stored equipment shall not be conducted
on the premises. Also, no business activities, other than rental of
storage units, shall be conducted on the premises.
D.
The storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals is prohibited.
E.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
F.
All access drives, parking and loading areas must be paved and shall
be mud free.
A.
The mixed use shall consist only of combinations of uses permitted
in the district where the mixed use is to occur. Uses may be mixed
both on the horizontal and vertical plane.
B.
The required off-street parking shall be equal to no less than the
sum of the off-street parking required for each of the mixed uses.
A.
A mobile home park shall only include mobile homes of single width
or multiple widths but shall not include travel trailers or motor
homes.
B.
The tract of land to be developed for a mobile home park shall be
in single and separate ownership.
C.
Any parcel to be used as a mobile home park shall have a minimum
tract area of 25 acres.
D.
Any site proposed for a mobile home park shall not be subject to
any hazard nuisance, such as excessive noise, vibration, smoke, toxic
matter, radiation, heat, odors or glare, as defined by the Board of
Commissioners of Upper Allen Township and all appropriate ordinances.
F.
Every area to be used as a mobile home park must be served exclusively
by a public water supply system and municipal waste disposal system.
G.
The applicant shall provide a traffic analysis in accordance with
the Upper Allen Township Subdivision and Land Development Ordinance,
prepared by a professional engineer experienced in the field of traffic
analysis. The analysis shall investigate the following conditions:
(1)
Any tract of land proposed for a mobile home park must have
direct access to a collector-type road or a road of higher classification,
as defined by the Upper Allen Township Comprehensive Plan, and must
demonstrate the roadway's capability to accommodate the transport
of mobile home units.
(2)
Provision of safe and efficient ingress and egress to and from
the public streets and highways servicing the park, without causing
undue interference with the normal traffic flows and based on the
adequacy of the thoroughfare to carry the additional traffic generated
by the park.
H.
Density. The total number of lots in a mobile home park shall not exceed a maximum density of five per adjusted tract area. Calculations of density shall be by the adjusted tract area method as defined herein and described in § 245-11.8 herein.
I.
Yard and area regulations. The following yard setback and lot area
regulations shall apply to all mobile home parks developed pursuant
to this section:
(1)
Setback from tract boundary. No mobile home or other primary
building may be located closer than 35 feet to any boundary of a mobile
park, regardless of whether that boundary abuts a lot, water body,
road or other right-of-way.
(2)
Lot area. All mobile home lots in a mobile home park, regardless
of tenure, shall have a minimum lot size of 5,000 square feet.
(4)
Building area. The maximum coverage of any individual mobile
home lot by all primary and accessory buildings and structures, including
covered patios or decks, shall not exceed 25%.
(5)
Minimum structure setbacks.
(a)
Front yard. In no case shall the long side, of a mobile home
be located closer than 50 feet from the center line of a public or
private street or right-of-way; provided, however, that the short
side (ends of unit) of a mobile home may be located no closer to the
ultimate right-of-way than 15 feet. No more than six mobile homes
in a row shall have the same setback distance; where varied setbacks
are implemented, the difference shall be at least four feet.
(b)
Side and rear yards. No mobile home or accessory building may
be located closer than five feet to any side or rear lot line of an
individual mobile home lot.
(6)
Distance between structures. Mobile homes and roofed structures
of areas attached thereto shall be separated from each other and from
other buildings, other than accessory structures, at their closest
points by a minimum of 20 feet; provided, however, that whenever two
mobile homes have their longer sides parallel or essentially parallel
to each other for more than 25% of the length of either, the minimum
distance between the two mobile homes shall be 30 feet.
A.
Minimum lot area shall be one acre.
B.
Front, side and rear yards shall be permanently landscaped and maintained
in good condition.
C.
All buildings and structures shall be set back a minimum of 30 feet
from any lot line.
D.
Where more than one building occupies a lot, the following minimum
interior yard spacing shall be required:
E.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
(1)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings in accordance
with the Upper Allen Township Subdivision and Land Development Ordinance.[1]
(2)
Landscaped areas shall be continually maintained by the landowner.
Care, grooming, and replacement of plants shall be included as part
of the required maintenance. Failure to adequately maintain landscaped
areas shall be subject to a citation issued by the Township.
F.
In the case of a hotel with conference/convention center, no more
than 1/3 of the gross floor area of the hotel shall be devoted to
conference/convention center.
A.
Lot area per dwelling unit shall not be less than the area required
by the district regulations.
C.
Public water and public sewer shall be required.
D.
Entrances to dwelling units shall be provided with all-weather walkways
to parking and refuse collection points, if applicable.
E.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
(1)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings, in
accordance with the Upper Allen Township Subdivision and Land Development
Ordinance.
(2)
Landscaped areas shall be continually maintained by the landowner
or a homeowners' association or a condominium association. Care, grooming
and replacement of plants shall be included as part of the required
maintenance. Failure to adequately maintain landscaped areas shall
be subject to a citation issued by the Township.
(3)
Parking areas within a multiple-family development shall be
adequately landscaped in order to provide shade, to screen vehicles
from public streets, and to reduce glare and noise within the development
itself and shall be designed in accordance with the Upper Allen Township
Subdivision and Land Development Ordinance.[1]
F.
In the C-1 and PO Districts, the maximum density of multifamily dwelling
units shall not exceed three dwelling units per acre of the total
land area of the tract that is supposed to be subdivided or developed
under a preliminary or final subdivision or land development plan
and such plan proposes the development of permitted nonresidential
uses in addition to multifamily dwelling units. In the C-2 District,
multifamily dwelling units shall only be permitted in mixed-use buildings
that include both nonresidential and residential uses on a tract of
land that is located in both the C-1 and C-2 Districts. In the C-1
and C-2 Districts, the maximum density of multifamily dwelling units
shall not exceed 8.5 dwelling units per acre for mixed-use buildings
that include both nonresidential and residential uses on a tract of
land that is located in both the C-1 and C-2 Districts.
[Amended 6-2-2021 by Ord. No. 810]
G.
In the PO, C-1, C-2 and VIL Districts, multifamily housing shall
only be permitted to be located on the second floor and above in the
same building as permitted nonresidential uses, or above a nonresidential
use, provided that:
[Amended 6-2-2021 by Ord. No. 810]
(1)
No nonresidential use shall be permitted on the same floor that
is used for residential purposes, with the exception of legal home
occupations.
(2)
No floor may be used in whole or in part for a nonresidential
use on a floor located above a floor used for residential purposes.
(3)
Where there are nonresidential and residential uses in a building,
the residential uses shall be provided with separate, private entrances.
A.
As a part of each application, the applicant shall furnish an accurate
survey site plan, at a scale no less than one inch equals 400 feet,
showing the location of the tract or tracts of land to be affected
by the operation. The surveyed site plan shall be sealed by a registered
professional engineer or a registered professional land surveyor and
shall include the following:
(1)
The boundaries of the proposed affected area, together with
drainage area above and below the area.
(2)
The location and names of the types of resources to be extracted
or quarried and names of all natural and man-made features, such as
streams, roads, railroads, and utility lines, on or immediately adjacent
to the area.
(3)
The location of all buildings within 1,000 feet of the parcel;
and the names and addresses of the owners and present occupants; total
acreage; names and addresses of adjacent landowners; and the location
of rights-of-way and easements, abutting and/or adjacent zoning districts
and land uses.
(4)
The purpose for which each building is used, and estimated depth
of the proposed operation and land area to be excavated, with dimensions.
(5)
Proposed alterations to watercourses to ensure stream quality
and quantity.
(7)
A contour map showing cross sections of the proposed quarry
area, including a detailed hydrogeologic groundwater study based on
complete site studies.
B.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Board of Commissioners of Upper Allen Township.
C.
The applicant shall present duplicate sets of the plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Board
of Commissioners. If such conditional use is granted, the operator
shall continue to present such documentation to the Township when
it is submitted to the Department of Environmental Protection.
D.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Noncoal Surface Mining Conservation and Reclamation
Act, Act of December 19, 1984, P.L. 10993, No. 219, as amended, 52
P.S. § 3301 et seq., or any subsequent amendment or enactment
of the Pennsylvania General Assembly regulating mining, and the regulations
of the Department of Environmental Protection implementing such statutes.
E.
The minimum lot area shall be 50 acres.
F.
A fence measuring eight feet high must enclose the area of actual quarrying or excavation. It shall not be less than 50 feet from the edge of excavation. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the quarry, with plantings (which shall be evergreen at planting) at least 36 inches high and placed in a double-staggered row with no more than five feet on center between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. Where adjacent to a residential district or public right-of-way, trees and shrubs shall be planted which will screen the operation completely from normal view. All screenings and buffers required by § 245-16.5 herein shall be provided.
G.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Board of Commissioners a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data, including,
but not limited to, wells evaluated as a part of the study; and shall
clearly set forth the conclusions and recommendations of the professional.
H.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, locks,
gate, and other means to deny access at unauthorized times.
I.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
J.
Sufficiently long vehicle-stacking lanes into the facility shall
be provided so that waiting vehicles to be weighed will not back up
onto public roads.
K.
All access drives onto the site shall be paved to a cartway width
of 35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed-stone section of
driveway shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels.
L.
The facility shall front upon, and gain access from, an arterial
or collector, as defined in the Upper Allen Township Comprehensive
Plan, as amended.
M.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site. A traffic
study shall be submitted by the applicant in accordance with the Upper
Allen Township Subdivision and Land Development Ordinance.[1]
N.
If the traffic study demonstrates that improvements to Township or
state roads shall be required in order to serve the proposed use or
to alleviate the direct impacts of the proposed use upon the traffic
network, the applicant shall make and/or guarantee cost of such improvements.
O.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
P.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
or United States Environmental Protection Agency within two weeks
from the date such notice of violation was received by the operator.
Q.
There shall be no operations on Sunday or legal holidays and no operation
between 7:00 p.m. and 7:00 a.m. on other days.
R.
All mining operations shall comply with the following requirements:
(1)
Shall not injure or detract from the lawful existing or permitted
use of neighboring properties.
(2)
Shall not create any damage to the health, safety or welfare
of the Township or its residents or property owners.
(3)
Shall not pollute the air in excess of standards set by federal
or state statutes or regulations.
(4)
Shall not create noises in excess of permitted levels established
by federal or state statutes or regulations or Township ordinances.
(5)
Shall not exceed the blasting parameters established by the
Pennsylvania Bureau of Mining and Reclamation.
(6)
Shall not permit vibrations perceptible as detected by the adjacent
or adjoining landowners' natural innate sensory input at any adjoining
or adjacent property in different ownership or at public rights-of-way.
(7)
Shall not permit the emission of dust, smoke, refuse matter,
odor, gas, fumes, noise or similar substances or conditions which
can endanger the health, safety or general welfare or which can cause
any soiling or staining of persons or property at any point beyond
the property line of the use creating the emission.
(8)
Shall not impede the flow of natural watercourses.
(9)
Shall be conducted in a manner which will not allow water to
collect and permit stagnant water to remain in quarries or excavations.
(10)
The storage of explosives and blasting agents, the bulk storage
of flammable or combustible liquids and the bulk storage of liquefied
petroleum gas must comply with the Township's Building Construction
Code[2] and all other state and federal regulations applicable
to the types of storage stated in this subsection.
S.
At the time of application for a conditional use, an operations statement
shall be submitted which shall include a detailed description of methods
for satisfactorily handling operations with respect to the emission
of noise, dust, blast, smoke, refuse matter or water, odor, gas, fumes
or similar substances or conditions which may endanger the health,
safety or general welfare or which can cause any soiling or staining
of persons or property beyond the property line. All such operations
statements shall be in full compliance with all applicable state and
federal statutes and regulations as well as this chapter. All pollution,
soil erosion and sedimentation control, and other environmental problems
created during the operation, including the production, transportation,
processing, stockpiling, storage and disposal of products, by-products
and wastes, shall be corrected by the operator.
T.
At the time of application for a conditional use, a reclamation plan
shall also be submitted setting forth the following information:
(1)
An engineering drawing showing ownership, existing and future
topography, streams, existing roads, buildings, boundaries and legal
description of the tract.
(2)
A description of the location, type, extent, methods and time
schedule for the operation proposed.
(3)
A drawing showing the location and/or proposed relocation of
land, trees, buildings, structures, public roads, streams, drainage
facilities and utility lines on the tract or adjacent tracts as may
require protection, repairs, clearing, demolition or restoration either
during or following the completion of the operations proposed.
(4)
A plan for reuse of the land after completion of the operations
which shall permit the carrying out of the purposes of this chapter
and appropriately provide for any restoration, reclamation, reforestation
or other correction work deemed necessary and which shall comply with
all applicable state and federal statutes and regulations governing
the reclamation of the proposed facility. Such reuse plan shall comply
with the filing requirements of § 245-14.44.A.
U.
As a condition of approval, the operator must certify that, after
the termination of operations, he/she must rehabilitate the area to
conform to the reclamation plan and all applicable federal and state
statutes and regulations.
V.
Within 90 days after the commencement of surface mining operations
and each year thereafter, the operator shall file an operations and
progress report with the Zoning Officer and/or Township Engineer setting
forth the following:
(1)
The name and address and telephone number of the operator.
(2)
The location of the operation with reference to the nearest
public road.
(3)
A description of the tract or tracts, including a site plan
showing the location of all improvements, stockpiles, quarry pits,
etc.
(4)
The name and address of the landowner or his duly authorized
representative.
(5)
An annual report of the type and quantity of material produced.
(6)
The current status of the reclamation work performed pursuant
to the approved reclamation plan.
(7)
A maintenance report for the site verifying that all required
fencing, berming and screening has been specifically inspected for
needed repairs and/or maintenance and that such needed repairs and/or
maintenance have been performed.
(8)
Verification that the proposed use continues to comply with
all applicable state regulations. The operator shall furnish copies
of any approved permits and/or any notices of violations issued by
the Pennsylvania Department of Environmental Protection to the Zoning
Officer and/or Township Engineer.
W.
A five-hundred-foot setback shall be maintained from all property
lines during the operation of the quarry or mine, within which quarrying
or mining activities, including blasting and stone crushing, shall
not be permitted.
X.
No structures or parking areas shall be located closer than 100 feet
to any property line.
Y.
Waste products or waste containers may be placed within side and
rear yards, provided that they are screened from adjoining roads and
properties. All such containers shall be set back not less than 100
feet from any adjoining property. All such containers shall be completely
enclosed by a solid fence or wall.
Z.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
A.
The site shall be located a minimum of 150 feet from any school,
child or adult day-care facility, community activity center, cultural
facility or church or house of worship.
B.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties, owing to hours
of operation, light, and/or litter.
C.
The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
of the building. Noise levels shall not exceed 45 dBA or 5 dBA above
ambient noise levels as measured at the side and rear property lines.
D.
Nightclubs shall only operate between the hours of 7:00 p.m. and
2:30 a.m. the following day.
E.
All nightclubs shall hold a valid license for the premises on which
the establishment is located.
F.
No nightclub shall contain less than 500 square feet of usable floor
area.
G.
All nightclubs shall comply with all state and local codes regulating
such establishments.
A.
Heat, glare, radiation, noise, vibration, fumes, odors or other objectionable
emissions. Every use shall be operated so that it does not emit a
dangerous level of heat, glare, radiation, noise, vibration, fumes,
odors or other objectionable emission beyond any boundary of the site
on which the use is located.
B.
Outdoor storage and waste disposal.
(1)
No material or wastes shall be deposited upon a site in such
form or manner that they may be transferred off site by natural causes
or forces.
(2)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible by or otherwise attractive
to rodents shall be stored outside in closed containers.
C.
The proposed facility shall comply with all applicable federal and
state air, water quality, environmental and regulatory permits and
requirements, including, but not limited to, the permits and approvals
listed below. Approval would be contingent upon obtaining required
permits and approvals.
(1)
NPDES water quality and earth disturbance permits.
(2)
Section 404 of the Clean Water Act.
(3)
Chapter 105, Encroachment permit, 25 Pa. Code.
(4)
Water consumptive permit from Susquehanna River Basin Commission.
(5)
Water allocation/withdrawal permit from Pennsylvania Department
of Environmental Protection.
(6)
Air quality permits.
(7)
Public Utility Commission approvals.
D.
Landscape requirements.
(1)
The landscape provisions in this chapter are intended to encourage
development of an attractive working environment for development,
to buffer objectionable views, to provide year-round landscape, and
to provide for the mitigation of environmental impacts. The landscape
requirements shall be as provided in the Upper Allen Township's Subdivision
and Land Development Ordinance[1] and § 245-16.5 herein. Where conflict exists between this chapter and the Subdivision and Land Development Ordinance with regards to landscape requirements, this chapter will take precedent.
(2)
Suitable planting and landscaping shall be provided in areas
required as setback under the provisions of this chapter.
(3)
Landscaping is not required for side and rear property lines
behind the front building setback line for property abutting other
industrial zoned property.
(4)
Parking shall not be permitted in the landscape setback abutting
any street.
E.
Emergency plan of access. A written plan of access must be provided
by the owner in the event of emergency conditions such as fire, assuming
the worst condition. The owner's plan of action for emergency access
to the building shall be submitted to the Township's Emergency Management
Agency Officer and the fire companies at the time of submission for
a building permit.
A.
Parking shall be required as shall be determined to be necessary
for the use and site by the decision-making body.
B.
A buffer yard of 30 feet in width and a screen planting, of a height
and type as approved by the decision-making body, shall be provided.
C.
Where an outdoor recreational use other than a golf course adjoins a residential district or residential use, trees and shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties, as set forth by the Zoning Hearing Board and/or Article XIX and the table in § 245-16.5.
D.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
The traffic study shall be completed in accordance with the
Township subdivision and land development requirements.
(3)
A description of the location of bus stops to be conveniently
accessible for patrons traveling to and from the site by bus. The
location for a bus stop must be provided even if current bus service
is unavailable. The bus stop area shall include a shelter, seating,
waste receptacle, and shaded area.
E.
The decision-making body shall decide the appropriateness of the
design of parking, lighting and similar features of the proposed use
to minimize adverse impacts on adjacent properties.
F.
Existing trees and vegetation shall be preserved to the extent possible
to keep the area natural.
A.
The use shall be carried on completely within the dwelling unit or
a detached accessory structure.
B.
Not more than two persons other than the occupants of the dwelling
unit shall be employed.
C.
Not more than 35% of the floor area of the dwelling unit, excluding
attached accessory structures, shall be utilized.
D.
Articles sold or offered for sale shall be limited to those produced
on the premises.
E.
There shall be no exterior storage of materials and no other exterior
indication of the home occupation or variation of the residential
character of the main building.
F.
No traffic shall be generated by such occupation or business in greater
volumes than would normally be expected in a residential neighborhood.
G.
Deliveries from commercial suppliers may not be made more than once
each week, and the deliveries shall not restrict traffic circulation.
H.
There shall be no other exterior indications of the use or variation
of the residential character.
I.
The use shall not cause any external effect, such as increased noise,
excessive lighting, air pollution or offensive odor, which is incompatible
with the characteristics of the surrounding neighborhood or in violation
of the provisions of any applicable code or ordinance.
J.
A home occupation shall not be interpreted to include the following:
commercial stables and kennels, tearooms, tourist homes, animal hospitals,
animal grooming, or similar uses.
K.
The owner shall provide a minimum of two parking spaces, plus one
parking space for each additional employee who is not an occupant
of the dwelling, in addition to the required number of parking spaces
for the residential use. Overflow or public parking spaces may not
be used to meet this requirement. All required parking spaces must
be located on the same property as the residential dwelling.
L.
A home occupation which is located in a detached accessory structure, does not have any impact, and does not employ anyone other than those family members residing in the dwelling shall be exempt from Subsection K above.
M.
The business may not involve any illegal activity.
A.
The business or commercial activity, as defined in Article II, Land Use Definitions, shall be permitted in all zones in accordance with the following requirements, except that such accessory use shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common-interest-ownership community.
B.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
C.
The business shall employ no employees other than family members
residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
E.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
F.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
G.
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.
H.
The business activity shall be conducted only within the dwelling
and may not occupy more the 25% of the habitable floor area of the
dwelling unit.
I.
The business may not involve any illegal activity.
A.
The public and nonpublic schools shall adhere to the following dimensional
characteristics with the exception of the Village (VIL) District,
in which case the requirements of the VIL District shall take precedence.
B.
No part of a public/nonpublic school property shall be located within
1,000 feet of a property containing an adult-related facility (as
defined herein), nor 300 feet of a property containing an automobile
or gasoline service station. All off-street parking shall be set back
at least 25 feet and screened from adjoining property lines.
C.
Off-street parking lots shall not be used as outdoor play areas.
Outdoor play areas shall not be located within the front yard and
must be set back 25 feet from all property lines. Outdoor play areas
shall be screened from adjoining residentially zoned properties in
accordance with buffer yard screening type 1, as set forth in the
Upper Allen Township Subdivision and Land Development Ordinance. All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
D.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
E.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
F.
A traffic study is required. A traffic study shall be submitted by
the applicant in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance.[1] The traffic study shall include, at a minimum, the following
study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently
accessible for students traveling to and from the site by bus.
G.
The subject property shall have frontage along a minor arterial or
collector street, as defined in the Upper Allen Township Comprehensive
Plan, as amended.
A.
The public and semipublic buildings shall adhere to the following
dimensional characteristics with the exception of the Village (VIL)
District, in which case the requirements of the VIL District shall
take precedence.
B.
Outside storage of material shall be prohibited within residential zones. Outdoor storage of materials in other areas shall be completely enclosed in accordance with § 245-16.8 herein.
C.
The storage of maintenance vehicles and related apparatus shall be
within wholly enclosed buildings in residential districts.
D.
All off-street parking shall be provided in accordance with Article XVII and the following requirements:
(1)
Off-street parking shall not be allowed within 10 feet of the
adjoining property line and shall be screened in accordance with the
Upper Allen Township Subdivision and Land Development Ordinance.
(2)
Portions of the required front yard setback may be used for
off-street parking when authorized as a special exception; however,
off-street parking shall be set back a minimum of 25 feet from the
street right-of-way.
F.
All utilities shall be underground.
G.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical, or microwave disturbance, or any other objectionable impact,
nuisance, or safety hazard beyond the subject property.
Public utility buildings and structures may be established as
a conditional use in all districts upon the approval of the Board
of Commissioners of Upper Allen Township. The following standards
shall apply to public utility buildings and structures.
A.
The applicant must demonstrate that the selected location is necessary
for public service and the use cannot be supplied if located elsewhere.
B.
If located within a residential district, all buildings and structures
shall be designed (to the extent possible) to have the exterior appearance
of a residence.
C.
In any residential district, the outdoor storage of vehicles or equipment, used in the maintenance of a utility, shall not be permitted; in a nonresidential district, all outdoor storage, parking and/or loading areas shall be screened from adjoining roads and all properties in accordance with Article XIV herein and the Upper Allen Township Subdivision and Land Development Ordinance.[1]
D.
There shall be no specific minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
lot coverage requirements and impervious surface as prescribed in
the underlying district.
E.
All other structures or accessory structures shall be set back a
distance at least equal to the height of the structure from all adjoining
property lines, and height regulations for the district shall be followed.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical, or microwave disturbance, or any other objectionable impact,
nuisance or safety hazard beyond the subject property.
A.
Minimum acreage shall be 25 acres.
B.
The minimum setbacks of all structures from public roads shall be
100 feet.
C.
Such facility shall be situated so that no residential use is located
closer than 500 feet from any property line of the principal use at
the time of approval.
D.
Access to such facility shall be by a paved road. All racetracks
shall have direct access to minor arterial or collector roadway, as
identified in the Upper Allen Township Comprehensive Plan, as amended.
Traffic shall not be directed through residential subdivisions or
on minor residential streets.
E.
Off-street parking shall be provided at a minimum of one space for
each three patrons or seats. For those facilities which are not used
on a regular or frequent basis, parking may be provided on adjacent
parcels of land, provided that any parcel so used is located no more
than 500 feet from the lot boundary.
F.
Any lighting provided at such facilities shall be subject to the provisions of § 245-16.10 regarding outdoor lighting of the Upper Allen Township Zoning Ordinance.
G.
Accessory uses and/or structures may be permitted in conjunction
with the principal use of the property, provided that such uses are
physically designed as a part of or within the principal structure.
Such uses may include food sales, beverage sales, gift or souvenir
shops, and similar activities. The accessory structures may not be
located within any required setback or buffer area.
H.
Noise from the racetrack shall not exceed 80 decibels at 100 feet
from the racetrack property line.
I.
Hours of operation of the racetrack shall be between 10:00 a.m. and
10:00 p.m.
A.
Those uses involving outdoor activities shall provide sufficient screening and/or landscaping to mitigate any visual and/or audible impacts on adjoining properties. The site shall be buffered and landscaped in accordance with the provisions contained in this chapter's § 245-16.5 and the Upper Allen Township Subdivision and Land Development Ordinance.[1]
B.
All resorts shall front and have access to an arterial or collector
roadway, as defined in the Upper Allen Township Comprehensive Plan,
as amended.
D.
The construction of a resort shall be considered a "development"
and is subject to the provisions contained in the Subdivision and
Land Development Ordinance and all other appropriate requirements.
E.
If the resort includes a conference/convention center, no more than
1/3 of the gross floor area of the hotel shall be devoted to the conference/convention
center.
A.
The use shall have a minimum lot size of five acres.
B.
No more than 10 equine animals are kept with the exception that one
additional equine animal may be kept for each additional acre of land
over five acres.
C.
All animals, except while exercising or pasturing, shall be confined
in a building erected or maintained for that purpose and shall meet
the following requirements.
D.
All outdoor training, show, riding, boarding or pasture areas shall
be enclosed by a minimum four-foot-high fence and shall be set back
a minimum of 100 feet from any adjacent residence whose owner is not
the owner of this use.
E.
Satisfactory evidence must be presented to indicate that adequate
storage and disposal of animal waste will be provided in a manner
that will not create a public health hazard or nuisance.
F.
All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties. There shall be one space
for each nonresident employee and one space for every two equine animals
kept on the property.
A.
Any structure used to display agricultural products in an R-1 District
shall not exceed 1,000 square feet in size. The sales area within
any structure shall not exceed 400 square feet.
B.
No structure used to display agricultural products shall be located
less than 25 feet from any property line.
C.
At least 1/2 of the products by sales volume displayed for sale must
have been produced on the premises.
A.
The commercial school shall adhere to the following dimensional characteristics
with the exception of the Village (VIL) District, in which case the
requirements of the VB District shall take precedence.
B.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
C.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
D.
A traffic study is required. A traffic study shall be submitted by
the applicant in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance. The traffic study shall include at
a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently
accessible for patrons traveling to and from the site by bus. The
location for a bus stop must be provided even if current bus service
is unavailable. The bus stop area shall include a shelter, seating,
waste receptacle and shaded area.
E.
The subject property shall have frontage along a minor arterial or
collector street, as defined in the Upper Allen Township Comprehensive
Plan, as amended.
A.
A semitrailer parking lot shall be permitted under this chapter only
where operated in connection with an existing warehouse, transportation
terminal, trucking terminal, manufacturing, or other industrial use
located on another lot. An applicant for a building and/or zoning
permit for a semitrailer parking lot shall be required to submit evidence
of an existing trucking terminal, transportation terminal, warehouse,
manufacturing, or other industrial use that the semitrailer parking
lot is to serve.
B.
All semitrailers shall have a valid registration and safety inspection.
The Township shall be permitted to inspect semitrailers on the site
quarterly. Any violation of this standard shall be corrected within
30 days after notice of such violation is issued by the Township.
C.
No toxic or hazardous substance or material shall be stored or maintained
in violation of any state or federal law or regulation. No toxic or
hazardous waste shall be stored in semitrailers or on the premises.
D.
The use of any semitrailer parking lot shall comply with the Diesel-Powered
Motor Vehicle Idling Act, 35 P.S. § 4601 et seq. Between
the hours of 10:00 p.m. and 6:00 a.m., no idling of motors or engines
shall be permitted and yard jockey trucks shall be utilized to pick
up and drop off semitrailers.
E.
The use shall comply with all applicable noise standards of the Township's
ordinances.
F.
In the Industrial District, where a buffer yard type 3 is installed
on an earthen berm having a maximum slope of three to one and having
a minimum height of five feet above grade, the required buffer yard
width may be reduced by a maximum of 50%.
G.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair. Litter control measures shall be implemented to prevent
scattering of materials, and a plan for the cleanup of litter shall
be submitted to the Township's Zoning Officer or other authorized
Township official.
A.
Shopping centers, malls, plazas and large commercial establishments
shall meet the following area, bulk and dimensional requirements:
|
Area, Bulk and Dimensional Requirements for Shopping Centers,
Malls, Plazas and Large Commercial Establishments
| ||||
|---|---|---|---|---|
|
Requirements
|
Up to 50,000 Square Feet of Gross Floor Area
|
Between 50,000 and 100,000 Square Feet of Gross Floor Area
|
Over 100,000 Square Feet of Gross Floor Area
| |
|
Minimum lot area
|
In accordance with the district in which the use is located.
| |||
|
Minimum lot width
|
250 feet
|
300 feet
|
500 feet
| |
|
Minimum lot depth
|
250 feet
|
500 feet
|
750 feet
| |
|
Minimum yard setbacks
| ||||
|
Front
|
50 feet for buildings and structures
|
50 feet for buildings and structures
|
50 feet for buildings and structures
| |
|
Side
|
15 feet for buildings and structure
|
15 feet for buildings and structures
|
15 feet for buildings and structures
| |
|
Rear
|
15 feet for buildings and structures, off-street parking and
loading spaces and dumpsters
|
15 feet for buildings and structures, off-street parking and
loading spaces and dumpsters
|
15 feet for buildings and structures, off-street parking and
loading spaces and dumpsters
| |
|
Minimum setback from residences or residential zones**
|
50 feet for buildings and structures, off-street parking and
loading spaces and dumpsters
|
75 feet for buildings, structures, loading spaces and dumpsters,
and 50 feet for off-street parking*
|
75 feet for buildings, structures, loading spaces and dumpsters,
and 50 feet for off-street parking*
| |
|
Minimum vegetative coverage
|
35%
|
40%
|
45%
| |
|
Minimum impervious lot coverage
|
65%
|
60%
|
55%
| |
|
NOTES:
| |
|---|---|
|
*
| |
|
**
|
The minimum setback for off-street parking and loading spaces
shall not be required for residences that are contained in mixed-use
buildings that also contain commercial uses.
|
B.
No off-street loading or dumpsters shall be allowed in the front
or side yards.
C.
All shopping centers, malls, plazas or large commercial establishments
shall be under unified management, which shall clearly establish centralized
responsibility for the operation and maintenance of the project including
all common areas.
D.
The shopping center, mall, plazas and large commercial establishments
shall be designed in accordance with a unified architectural theme.
Similar and complementary building dimensions, materials and rooflines
shall be designed for all proposed uses.
E.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
(1)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings, in
accordance with the Upper Allen Township Subdivision and Land Development
Ordinance.[1]
(2)
Landscaped areas shall be continually maintained by the landowner.
Care, grooming and replacement of plants shall be included as part
of the required maintenance. Failure to adequately maintain landscaped
areas shall be subject to a citation issued by the Township.
F.
A traffic study shall be submitted by the applicant in accordance
with the Upper Allen Township Subdivision and Land Development Ordinance.
The traffic study shall include at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently
accessible for patrons traveling to and from the site by bus. The
location for a bus stop must be provided even if current bus service
is unavailable. The bus stop area shall include a shelter, seating,
waste receptacle and shaded area.
G.
All shopping centers, malls, plazas and large commercial establishments
shall front and have a full access driveway on an arterial roadway
or shall have direct access to an arterial roadway via a collector
or local street that intersects with an arterial roadway within one-half
mile of such use.
H.
All access drives shall be set back at least 200 feet from the intersection
of any street right-of-way.
I.
In addition to the above requirements, all large commercial establishments
and shopping centers, malls and plazas in excess of 25,000 square
feet shall be subject to the following design requirements:
(1)
Building facades in excess of 100 horizontal feet shall incorporate
recesses and projections.
(2)
Windows, awnings, and arcades must total at least 60% of the
facade length abutting a public street.
(3)
Variation in rooflines is required to preclude the appearance
of flat roofs from all public and residential uses and districts;
furthermore, all rooftop mechanical equipment shall be fully screened
from all public and residential uses and districts.
(4)
Each principal building shall have a clearly defined and visible
customer entrance. All sides of the principal building that directly
face an abutting public street shall feature at least one customer
entrance per street; however, in the case where the building may face
more than two streets, only two entrances shall be required.
(5)
To complement existing commercial development and surrounding
residential neighborhoods, the following building materials and colors
are prohibited: smooth-faced concrete block, tilt-up concrete panels,
and prefabricated steel panels; high-intensity colors, metallic colors,
black or fluorescent colors are prohibited. Neon tubing is prohibited
as an accent material.
(6)
Each shopping center, mall, plaza or large commercial establishment
shall provide at least two community amenities, such as a patio/seating
area, water feature, clock tower or pedestrian plaza with benches,
regardless if it is part of a shopping center, mall or plaza. In the
case of outdoor cafes, the sidewalk area shall be increased to allow
a six-foot obstacle-free pedestrian walkway.
(7)
The following requirements address pedestrian safety.
(a)
Perimeter sidewalks of at least eight feet in width shall be
provided along all sides of the lot that abut a public street.
(b)
The perimeter sidewalks shall be connected to a continuous internal
pedestrian walkway the full length of building along the facade featuring
the principal customer entrance and abutting public parking areas.
Such sidewalks shall be located at least six feet from the facade
of the building to provide planting beds for foundation landscaping.
(8)
The internal walkway shall include streetscape elements, including,
at a minimum, landscaping and benches for no less than 50% of its
length.
(9)
The internal walkway must provide a weather-protection feature
within 30 feet of the customer entrance.
(10)
The internal walkway must be distinguished from driving surfaces
through the use of special pavers, bricks or scored concrete to enhance
pedestrian safety.
J.
Off-street parking shall be provided in accordance with the provisions of Article XVII of this chapter. Parking areas shall be broken into modules separated by landscaping and other features. No more than 50% of the off-street parking area shall be located between the front facade and the street.
A.
Minimum lot area: 10 acres.
B.
Minimum lot width: 300 feet.
C.
Adjacent areas must be predominantly undeveloped and the range area
must be at least 200 feet from any property or street right-of-way
line. The use must also be located at least 1,000 feet from any existing
residential dwelling.
D.
An earthen background berm must be provided within 20 feet of the
farthest target post to prevent wild or ricocheting bullets or wild
or stray arrows. The berm shall meet the following requirements:
(1)
The berm shall have a slope of not less than one vertical to
two horizontal and must extend at least eight feet above the ground
level of the highest target.
(2)
The crest of the berm at the eight-foot-minimum height limit
shall be at least four feet in width as measured between the wall
of the berm facing the range and the opposite wall.
E.
Only targets mounted on target posts shall be permitted. No targets
of any kind shall be set directly on the ground.
F.
Warning signs must be posted at least 10 feet from the outside of
the berm.
G.
The firing range shall be free of gravel and other hard surface materials
and be adequately drained.
H.
Adult supervision must be provided for children under 16 years of
age.
A.
No more than eight units shall be attached in a row.
B.
Lot area per dwelling unit shall not be less than the area required
by the district regulations.
D.
Public water and public sewer shall be required.
E.
In single-family attached buildings, staggered setbacks of individual
dwelling units accompanied by a variation in facade design are required
so the buildings offer visual variety, individualism, and provide
private yard areas. No more than two contiguous units shall have the
same facade setback within a building. Changes in unit setback shall
involve a minimum of four feet.
F.
Entrances to dwelling units shall be provided with paved walkways
to parking and refuse collection points, if applicable.
G.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use and arrangement
of plant materials. All areas of the development not covered by impervious
surfaces shall be landscaped and maintained with suitable ground cover
and plants. Existing vegetation is encouraged to be preserved for
landscaping purposes.
(1)
When deemed necessary by the decision-making body, earthen berms
shall be incorporated into the landscaping plan along public street
frontage and along property lines abutting existing dwellings in accordance
with the Upper Allen Township Subdivision and Land Development Ordinance.[1]
(2)
Landscaped areas shall be continually maintained by the landowner
or a homeowners' association or a condominium association. Care, grooming
and replacement of plants shall be included as part of the required
maintenance. Failure to adequately maintain landscaped areas shall
be subject to a citation issued by the Township.
A.
ASES are an accessory use permitted in all zoning districts.
B.
ASES with an aggregate collection and/or focusing area of 10 square
feet or less are exempt from the requirements herein.
C.
ASES constructed prior to the effective date of this chapter shall
not be required to meet the terms and conditions of this section.
Any physical modification to an existing ASES whether or not existing
prior to the effective date of this chapter that materially alters
the ASES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
D.
The ASES layout, design, installation, and ongoing maintenance shall
conform to applicable industry standards, such as those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society for Testing and Materials (ASTM), Institute of
Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC), or other similar certifying organizations, and
shall comply with the Pennsylvania Uniform Construction Code as enforced
by the Township, and with all other applicable fire and life safety
requirements. The manufacturer specifications for the key components
of the system shall be submitted as part of the application.
E.
Upon completion of installation, the ASES shall be maintained in
good working order in accordance with the standards of the Township
codes under which the ASES was constructed. Failure of the property
owner to maintain the ASES in good working order is grounds for appropriate
enforcement action by the Township in accordance with applicable ordinances.
F.
All on-site utility, transmission lines, and plumbing shall be placed
underground to the extent feasible.
G.
The owner of an ASES shall provide the Township with written confirmation
that the public utility company to which the ASES will be connected
has been informed of the customer's intent to install a grid connected
system and approved of such connection. Off-grid systems shall be
exempt from this requirement.
H.
The display of advertising is prohibited except for reasonable identification
of the manufacturer of the system.
I.
Glare.
(1)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(2)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
J.
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing the following:
(1)
The issuing of said permit for a solar energy system shall not
and does not create in the property owner, its, his, her or their
successors and assigns in title or, create in the property itself:
(a) the right to remain free of shadows and/or obstructions to solar
energy caused by the development of adjoining or other property or
the growth or any trees or vegetation on such property; or (b) the
right to prohibit the development on or growth of any trees or vegetation
on such property.
(2)
The applicant has notified the Township's Fire Chief or Fire
Marshal that an ASES will be installed on the property.
K.
Decommissioning.
(1)
Each ASES and all solar related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by system owner/operator, or upon termination of the useful life of
same.
(2)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(3)
The ASES owner shall, at the request of the Township, provide
information concerning the amount of energy generated by the ASES
in the past 12 months.
L.
Permit requirements.
(1)
Zoning/building permit applications shall document compliance
with this section and shall be accompanied by drawings showing the
location of the system on the building or property, including property
lines.
(2)
The zoning/building permit shall be revoked if the ASES, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES to not be
in conformity with this chapter.
(3)
The ASES must be properly maintained and kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety,
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
M.
Roof-mounted and wall-mounted accessory solar energy systems.
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each underlying zoning district.
(3)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning district.
(4)
Solar panels shall not extend beyond any portion of the roof
edge.
(5)
Roof-mounted solar panels shall be located only on a rear- or
side-facing roofs as viewed from any adjacent street unless the applicant
demonstrates that, due to solar access limitations, no location exists
other than the street-facing roof, where the solar energy system can
perform effectively.
(6)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township that the roof or wall is
capable of holding the load imposed on the structure.
N.
Ground-mounted accessory solar energy systems.
(1)
A ground-mounted ASES shall meet the general requirements for accessory buildings or structures as defined within § 245-13.2.
(2)
The surface area of the arrays of a ground-mounted ASES, regardless
of the mounted angle of any solar panels, shall be considered impervious
and calculated in the lot coverage of the lot on which the system
is located.
(3)
Ground-mounted ASES shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of plant materials which provide a visual screen.
In lieu of a planting screen, a fence may be installed in accordance
with the requirements of this chapter.
(4)
Appropriate safety/warning signage concerning voltage shall
be placed on ground mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(5)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location, or placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
A.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Board of Commissioners of Upper Allen Township.
B.
The applicant shall present duplicate sets of plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Board
of Commissioners. If such conditional use is granted, the operator
shall continue to present such documentation to the Township when
it is submitted to the Pennsylvania Department of Environmental Protection.
C.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Municipal Waste Planning, Recycling and Waste
Reduction Act[1] or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste recycling and recovery, and the
regulations of the Department of Environmental Protection implementing
such statutes.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.
Operation of the facility shall at all times comply with all applicable
regulations of the Cumberland County Solid Waste Authority or any
successor agency. Any permits or approvals required by such agency
shall be obtained by the applicant, and evidence of the grant of such
permits or approvals shall be submitted to the Township.
E.
The minimum lot area shall be 50 acres for solid waste disposal facilities
and 10 acres for solid waste processing facilities.
F.
A fence measuring eight feet high shall enclose the facility. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the facility, with plantings at least 36 inches high and placed in a double-staggered row with not less than five feet on center between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. All screening shall be in accordance with the Upper Allen Township Subdivision and Land Development Ordinance, and buffers yards required shall be in accordance with § 245-16.5 herein. The use shall be screened completely from normal view.
G.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Board of Commissioners a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with the accepted hydrogeological standards
and practices; shall contain the sources of all test data, including,
but not limited to, wells evaluated as a part of the study; and shall
clearly set forth the conclusions and recommendations of the professional.
H.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, gates,
locks or other means to deny access at unauthorized times.
I.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
J.
Sufficiently long vehicle-stacking lanes (inspected and approved
by the Township Engineer or his/her designee) into the facility shall
be provided so that vehicles waiting to be weighed will not back onto
public roads.
K.
All driveways onto the site shall be paved to a cartway width of
35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed-stone section of
access drive shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels.
L.
The facility shall front upon and gain access from a minor arterial
roadway, as defined in the Upper Allen Township Comprehensive Plan,
as amended.
M.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
N.
If the traffic study in accordance with the Upper Allen Township
Subdivision and Land Development Ordinance[2] demonstrates that improvements to Township or state roads
shall be required in order to serve the proposed use or to alleviate
the direct impacts of the proposed use upon the traffic network, the
applicant shall make such improvements and/or provide or guarantee
financial security in an amount sufficient to cover the cost of such
improvement.
O.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
P.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
or United States Environmental Protection Agency within two weeks
from the date such notice of violation was received by the operator.
Q.
The applicant shall submit an operating schedule to the Township
for review by the Zoning Officer.
R.
Litter control measures shall be implemented to prevent scattering
of materials and a plan for the cleanup of litter shall be submitted
to the Township's Zoning Officer or other authorized Township official.
S.
All municipal waste awaiting recycling or resource recovery shall
be stored within an enclosed area bounded by solid walls or fences.
T.
A three-hundred-foot setback shall be maintained from all property
lines during the operation of the recycling or resource recovery facility
within which recycling or resource recovery activities shall be permitted.
U.
No structures or parking areas shall be located closer than 300 feet
to any property line.
V.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
W.
The unloading, transfer and deposition of materials shall be continuously
supervised by a qualified facility operator. Vibrations and emissions
into the air shall not be permitted outside the property. All regulations
relating to the control of noise shall be observed.
[Added 2-7-2018 by Ord.
No. 776]
A.
One
of the structures intended to accommodate guests must have been in
existence for at least 50 years.
B.
There
shall be a minimum lot area of 15 acres.
C.
The
property shall front on and gain direct access to a minor arterial
or collector road, as designated in the Upper Allen Township Comprehensive
Plan, as amended.
D.
The
combined floor area of all buildings intended to accommodate guests
shall not exceed 25,000 square feet.
E.
Accommodations
for overnight lodging at a special occasion facility shall be limited
to no more than 10 guest rooms and to no more than 20 guests at a
given time. The guest rooms shall be rented to overnight guests on
a daily basis for periods not exceeding one week.
F.
Catered
food service from a licensed facility is permitted without additional
licensing requirements.
G.
Outdoor
music shall be prohibited between the hours of 10:00 p.m. and 6:00
a.m.
A.
Special occasion functions may be conducted on the grounds surrounding
the home and in buildings accessory to a residential home.
B.
Catered food service from a licensed facility is permitted without
additional licensing requirements.
C.
The use of a residential dwelling for a special occasion home must
be approved by the Township's Sewage Enforcement Officer and the system
upgraded if necessary.
D.
The source of water to be used by the special occasion home or inn
shall be a potable water source as certified by a test laboratory
and a certified provider.
E.
All special occasion homes shall comply with the Federal Life Safety
Code, the rules and regulations of the Pennsylvania Department of
Labor and Industry, and all other applicable building, safety and
fire codes of the federal, state or local government.
A.
Owners of student housing shall annually register and obtain a student
housing permit from the Township, providing the permitted number of
students. Inspection shall be performed prior to issuance of permits
to landlords to ensure compliance with the Zoning Ordinance and shall
be reviewed on an annual basis.
B.
C.
Student housing may not be located within 500 feet of another student
housing, group home or family care center, group quarters, or long-term
nursing center or personal care center.
D.
The Zoning Officer or other duly authorized Township official shall
keep record of noise and other disorderly conduct complaints and report
the same to the Township police for follow-up and documentation. Landlords'
permits shall be revoked for repeated violations/citations of four
times within a twelve-month period.
A.
The site shall be located a minimum of 150 feet from any school,
child or adult day-care facility, community activity center, cultural
facility or church or house of worship.
B.
The applicant shall furnish evidence that the proposed use will not
be detrimental to the use of adjoining properties, owing to hours
of operation, light, and/or litter.
C.
The applicant shall furnish evidence as to how the use will be controlled
as to not constitute a nuisance due to noise or loitering outside
of the building. Noise levels shall not exceed 45 dBA or 5 dBA above
ambient noise levels as measured at the side and rear property lines.
D.
Taverns shall only operate between the hours of 7:00 a.m. and 2:30
a.m. the following day.
E.
All taverns shall comply with all state and local codes regulating
such establishments.
F.
No tavern shall contain less than 300 square feet of usable floor
area.
A.
The facility shall front on and gain direct access to a minor arterial
or collector road, as designated in the Upper Allen Township Comprehensive
Plan, as amended.
B.
Under no circumstances shall access to the terminal be through a
residential neighborhood.
C.
The applicant shall furnish a traffic study prepared by a professional
traffic engineer in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance. A traffic study shall be submitted
by the applicant in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance. The traffic study shall include at
a minimum the following study elements:
A.
All vehicle body service and/or repair activities shall be conducted
within a wholly enclosed building.
B.
No outdoor storage of discarded parts, equipment, lubricants, fuel
or other materials shall be permitted.
C.
All exterior storage areas of vehicles, parts, equipment, lubricants, fuel or other materials shall be screened from adjoining residentially zoned or residentially used properties and roads in accordance with § 245-16.5 herein and the Upper Allen Township Subdivision and Land Development Ordinance.
D.
The storage of unlicensed vehicles for more than 90 days is prohibited.
E.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed towards any adjoining residentially
zoned or used property and conform to all outside agency requirements.
F.
Any use involving the generation of waste grease and/or oil shall
be required to collect these waste products. Such uses shall also
demonstrate a regular and proper means of disposal of such greases
and/or oils, as required by the applicable state and/or federal regulations.
G.
All vehicles shall be repaired and removed from the premises within
90 days.
H.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
A.
No vehicle, mobile/manufactured home or trailer or display shall
occupy any part of the existing or future street right-of-way, required
parking area, or required buffer area.
A.
All structures housing washing apparatus shall be set back at least
50 feet from the front street right-of-way line and 25 feet from any
side property line.
B.
Trash receptacles must be provided and routinely emptied to prevent
the scattering of litter.
C.
Each washing bay shall provide a forty-foot-long on-site stacking
lane.
D.
Direct access shall be provided from a minor arterial or collector
road.
E.
Public water and sewer shall be provided.
A.
The facility shall front on and gain direct access to a minor arterial
or collector road, as designated in the Upper Allen Township Comprehensive
Plan, as amended.
B.
Under no circumstances shall access to the terminal be through a
residential neighborhood.
C.
The applicant shall furnish a traffic study prepared by a professional
traffic engineer in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance. A traffic study shall be submitted
by the applicant in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance. The traffic study shall include at
a minimum the following study elements:
