The overall intent of these general provisions to identify certain
supplementary regulations and standards which are either common to
all zoning districts or pertinent to a specific district stated herein.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
Exemptions. This chapter shall apply to any existing or proposed
building or extension thereof, used or to be used by a public utility
corporation, unless, upon petition of the corporation, the Pennsylvania
Public Utility Commission shall, after public hearings, decide that
the present or proposed situation of the building in question is reasonably
necessary for the convenience or welfare of the public. The Pennsylvania
Public Utility Commission is responsible for insuring that the Township
receive notice of such public hearings and the Township is afforded
the opportunity to appear, present witnesses, cross examine witnesses
and to otherwise exercise rights of a party to the proceedings.
2.
Lot Area and Coverage. The minimum lot area and maximum coverage
regulations of this chapter shall apply to public utility facilities,
unless the Pennsylvania Public Utility Commission decides the proposed
building in question is reasonably necessary as stated above, provided,
however, that all yard and maximum height regulations shall apply,
except for necessary towers, poles and lightning rods and arresters.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
Electric and telephone wiring shall be placed underground for
every structure, dwelling or other use in all Residential Districts
and in the Historic District.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
Where an unimproved lot is situated between two improved lots having
on each a principal building within 25 feet of the common side lot
line of such unimproved lot, which extends beyond the required front
yard of each such improved lot and has been maintained prior to the
effective date of this chapter, the front yard depth of such unimproved
lot may be the average depth of the front yards of such two adjacent
improved lots, notwithstanding the yard requirements of the district
in which it is located.
2.
Where an unimproved lot adjoins only one improved lot having a principal
building thereon within 25 feet of the common side lot line which
extends beyond the required front yard setback of such improved lot
and has been so maintained prior to the effective date of this chapter,
the front yard depth of such unimproved lot may be the average depth
of the front yard of such adjacent, improved lot and the front yard
required in the district in which such unimproved lot is located,
notwithstanding the yard requirements of such district.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
No building or part thereof shall be erected within, or shall project into, any required yard in any district except for unenclosed porches, terraces, patios, platforms or other uncovered spaces, buttresses, chimneys, cornices, piers or pilasters, unenclosed fire escapes, steps, bay windows and balconies; and, accessory use structures as provided in § 27-1608, herein.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
On any lot, no wall, fence or other structure shall be erected
or maintained, and no hedge, tree, shrub or other growth, shall be
maintained which may cause danger to traffic on a street by obscuring
the view.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
No fence or wall, except a retaining wall, or a wall of a building
permitted under the terms of this chapter, over six feet in height,
shall be erected within any of the required yards, unless that portion
of the fence or wall which exceeds six feet in height has a ratio
of open space to solid area of at least four-to-one.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
The Board of Supervisors shall determine that the height regulations prescribed within this chapter maybe be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles or towers, communication towers subject to the provisions of § 27-1002, Subsection 1B(3), windmills, silos, smokestacks, and ornamental or other necessary mechanical appurtenances.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1; and by Ord. 132-2005, 11/21/2005, § 2]
1.
Accessory uses, buildings and structures shall include, but not necessarily
be limited to the following:
A.
Uses, Buildings and Structures Accessory to Agriculture.
(1)
The keeping, breeding and management of livestock and poultry in accordance with § 27-1615 herein.
(2)
The sale of farm products produced on the property provided
that no roadside stands used for such sale shall remain on the property
during seasons when products are not sold, and that adequate parking
and provisions for safe egress and ingress be provided.
(3)
Greenhouses (excluding commercial greenhouses where not permitted
in a District).
(4)
Quarters for tenants employed on the premises provided, however,
that where such quarters are within a building detached and separate
from the principal dwelling, there shall be a minimum lot area equal
to the product of the minimum lot area of the district, multiplied
by the number of separate dwelling units on the lot.
B.
Uses, Buildings and Structures Accessory to Dwellings.
(1)
Detached private garage, private parking space, private stables on not less than four acres, barn, shed, shelter for pets owned by the property owner, swimming pool in accordance with § 27-1613, cabana and private greenhouse.
(2)
Quarters for guests and servants, provided that:
(3)
The renting of rooms within the dwelling which the lessor resides,
or in a building accessory thereto, to not more than two persons.
C.
Accessory Use Structures in Yards.
(1)
In any district, if not specified otherwise, accessory use structures
or buildings may be located, erected, or maintained in the side yard
that does not abut the street, or, in any rear yard, provided that
in no case shall such accessory use structure or building be closer
to any property line than 20 feet, except for boundary fences, approved
shared driveways and subsurface utilities other than on-site sanitary
systems.
(2)
For side yards which abut a street and for front yards, the
determination of whether an accessory use structure or building may
be located, erected or maintained shall be made by the Board of Supervisors
upon the recommendation of the Planning Commission.
2.
In no event shall accessory buildings on a lot exceed 50% of the
ground floor area of the permitted principal structure except if at
all upon a grant by the Board of Supervisors of a conditional use
permit therefore.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1; and by Ord. 165-2010, 12/6/2010, § 2]
Vehicular ingress and egress between any lot and an abutting street, for any use permitted in this chapter, shall be so located and so designed as to further the purpose of this chapter as set forth in § 27-102 and shall be in accordance with the provisions of Part 13. Except in the case of a "flag" lot, the location of a driveway or street providing access to a lot shall be located at a point on the front lot line so as to comply with side yard setback requirements.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
Reduction in Minimum Lot Width at the Street Line. The subdivision of land shall allow for the mutual sharing of the minimum lot width at the street line by not more than three lots, provided, however, that any shared driveway must conform to the minimum and maximum grade requirements for driveways set forth in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time; and, further, provided that any shared driveway which exceeds 1,000 feet must conform to all design standards for local secondary streets set forth in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
2.
Street Standards. No subdivision shall be created which creates a situation whereby more than three lots have access onto a street which does not conform to Part 5 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, pertaining to design standards for streets, curbs and gutters, and the like.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
A single-family detached dwelling existing prior to the effective
date of this chapter, may be converted into, and used as, a two-family
or multi-family dwelling, when authorized as a conditional use, provided
that:
A.
The plans submitted for the conversion of said dwelling shall be
submitted to the Board of Supervisors, accompanied by certificate
of approval by the Pennsylvania Department of Labor and Industry when
two or more families are to be housed above the ground floor.
B.
Such plans shall provide adequate and suitable parking in accordance
with Part 13.
C.
Such dwelling shall be subject to the height, area, width and yard
regulations effective in the district wherein such dwelling is situated,
except that there shall be a lot area not less than the product of
the minimum lot area prescribed in the district regulations and the
number of families for the use of which such dwelling is to be converted.
D.
There shall no external alteration of the building except as may
be necessary for reasons of safety, and fire escapes and outside stairways
shall, where practicable, be located in the rear of the building.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 3;
by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 176-2011,
11/7/2011, § 1]
No building or other structure shall be erected closer than
100 feet to the nearest bank of any watercourse or pond.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
Swimming pools permitted as an accessory use shall comply with the
following conditions and requirements:
A.
The pool is intended, and is to be used, solely for the enjoyment
of the occupant of the principal use of the property on which it is
located, and their guests which may be within.
B.
It may not be located, including any walks, or paved area or accessory
structures adjacent thereto, closer than 20 feet to any property line
which may be within either the rear yard or side yard of the property
on which it is an accessory use.
C.
The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected so as to prevent controlled access by children from the street or from adjacent properties. Such fences or walls shall not be less than four feet in height, maintained in good condition, and shall conform to § 27-1606, herein.
[Ord. 6/20/1979; as amended by Ord. 112-2003, 11/17/2003,
§ 3; and by Ord. 125-2004, 12/20/2004, § 1]
1.
Standards for Home Occupation.
A.
A minimum of two off-street parking spaces in addition to those required
of residential units shall be required.
B.
No more than one person or the equivalent of one person shall be
employed full-time by the resident.
C.
The area used for the practice of a home occupation shall occupy
no more than 20% of the total floor area of the dwelling unit. No
manufacturing, repairing or other mechanical work performed in connection
with such home occupation, shall be performed in any open area. Such
activity shall be conducted in such a way that no noise, odor, vibration,
electromagnetic interference, or smoke shall be noticeable at or beyond
the property line.
D.
No outside storage of materials or products shall be permitted.
E.
No external alterations shall be permitted to the dwelling units
except those customarily in the residential buildings.
F.
No products shall be sold on the premises.
G.
No signs or outside advertisement shall be permitted.
2.
Standards for Major Home Occupation.
A.
A minimum of five off-street parking spaces in addition to those
required of residential units shall be required.
B.
No more than two persons or the equivalent of two persons shall be
employed full-time by the resident.
C.
The area used for the practice of a home occupation shall occupy
no more than 25% of the total floor area of the dwelling unit. No
manufacturing, repairing or other mechanical work performed in connection
with such home occupation, shall be performed in any open area. Such
activity shall be conducted in such a way that no noise, odor, vibration,
electromagnetic interference, or smoke shall be noticeable at or beyond
the property line.
D.
No outside storage of materials or products shall be permitted.
E.
No external alterations shall be permitted to the dwelling unit except
those customarily in the residential building.
F.
No more than one sign of up to three square feet shall be permitted.
G.
No major home occupation shall be permitted or conducted in an apartment
dwelling.
3.
No-Impact Home-Based Business.
A.
A "no-impact home-based business" is a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use.
B.
Such business or commercial activity shall satisfy the following
requirements:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the total floor area of the dwelling
unit.
(8)
The business may not involve any illegal activity.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1; by Ord. 164-2010, 12/6/2010, § 2; and by
Ord. 170-2011, 3/7/2011, § 1]
1.
This purpose of this section is to regulate the keeping of agricultural
animals in order to protect human and animal health; to prevent erosion,
minimize off-site impacts of agricultural uses and reduce the safety
hazards and potential nuisances of straying animals and enable enforcement
of these provisions.
A.
The total number of livestock animals permitted on any lot shall
be computed according to the total number of acres comprising the
lot and the following number of acres required per animal. A minimum
lot area of four acres is required to keep: one horse or cow; or up
to 10 swine or sheep; or up to 20 fowl; or up to 50 chickens. For
lot areas in excess of four acres, the number of additional animals
that may be kept shall be in accordance with the following table:
(Animals not referenced below shall be judged according to the requirement
for animals of a similar size.)
|
Livestock, Poultry
|
Acres Required/Animal
| |
|---|---|---|
|
Horse
|
1.0
| |
|
Dairy Cow
|
1.0
| |
|
Beef Cattle
|
1.0
| |
|
Swine
|
0.1
| |
|
Sheep
|
0.1
| |
|
Fowl
|
0.05
| |
|
Chicken*
|
0.02
| |
|
* Chickens may be raised for noncommercial purposes on lots
of one acre to 3.99 acres in size subject to Subsection 1E.
| ||
B.
No person owning or having in his/her custody livestock or poultry
shall maintain such so as to create any health or safety hazard or
obnoxious or foul odor, except to the minimum practical extent inherent
in the nature of keeping said livestock or poultry, in particular:
C.
No person owning or having in his/her custody livestock or poultry
shall permit same to go at large to the injury or annoyance of others,
nor shall livestock or poultry be permitted at large upon the streets
or other public ways of the Township. Such action is hereby declared
to be a nuisance and dangerous to the public health and safety.
(1)
Fencing for the containment of livestock shall be located no
less than 10 feet from any lot line or street right of way line.
D.
Muddy, dusty, or uncrossed pasture areas that are denuded of grass
and creating problems associated with stormwater runoff shall be stabilized
to minimize erosion.
E.
Keeping Chickens. Keeping female chickens for a non-commercial purpose
on lots of between one acre to 3.99 acres shall be permitted subject
to the provisions set forth below, which limit the potential adverse
impacts to the surrounding neighborhood, by creating basic standards
and requirements.
(1)
Purpose.
(a)
The keeping of chickens by residents for personal use support
a local, sustainable food system by providing an affordable, nutritious
source of protein through fresh eggs.
(b)
The keeping of chickens provides free, quality, nitrogen-rich
fertilizer; chemical-free pest control; animal companionship and pleasure;
weed control; and less noise, mess and expense than dogs and cats.
(c)
It is a concern that keeping chickens outside the agricultural
security area of the Township and on lots less than four acres in
size within residential areas may create adverse impacts on others
from the keeping of domesticated chickens as a result of noise, odor,
unsanitary animal living conditions, unsanitary waste storage and
removal, the attraction of predators, rodents, insects, or parasites,
and non-confined animals leaving the owner's property.
(2)
The keeping of chickens on lots of four acres or more shall be regulated by Subsection 1E(1) above.
(3)
Female chickens may be kept in any residential district as an
accessory use on lots of one acre to 3.99 acres subject to the following:.
(a)
No more than 10 hens shall be allowed for parcels between one
and 1.99 acres.
(b)
No more than 20 hens shall be allowed on lots between two and
2.99 acres.
(c)
No more than 30 hens shall be allowed on lots of three and 3.99
acres.
(d)
No roosters shall be allowed on parcels less than four acres
in size.
(e)
There shall be no outside slaughtering of poultry.
(f)
A secure shelter, i.e., "a coop" shall be provided that is enclosed
on all sides and covered by a roof suitable to prevent predation.
(g)
When outside, chickens shall be confined by suitable fencing
and shall not roam free.
(h)
The coop shall be situated not closer than 50 feet from the
nearest property line.
(i)
Enclosures must be kept in a neat and sanitary condition at
all times, and cleaned on a regular basis to prevent off site odors.
(j)
The keeping of chickens shall be for personal, not commercial
purposes.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1]
1.
In order to more effectively evaluate subdivision and/or land development
proposals, the landowner and/or applicant may be required to disclose
the environmental consequences or effects of such proposals through
the submission of an environmental impact assessment (EIA) report.
A.
An EIA report shall be submitted for the following types of application:
(1)
Tentative approval for planned residential development.
(2)
Preliminary plan for any proposed subdivision or land development
in the Historic, Institutional, Neighborhood Commercial, Industrial/Office,
Business-1, Limited Industrial/Business, Flood Hazard or Steep Slope
Conservation Districts, or for any proposed subdivision or land development
in the FR, Farm Residential, R-1, Residential-1, or PRD, Planned Residential
Districts, involving the creation of more than three lots or the construction
of more than three dwelling units.
[Ord. 6/20/1979; as amended by Ord. 125-2004, 12/20/2004,
§ 1; and by Ord. 159-2010, 10/4/2010, § 7]
1.
It is the intent of these regulations to prevent land, buildings
or other structures including those permitted by right, by conditional
use or otherwise in the Industrial/Office District, Business-1 District,
Limited Industrial/Business District, Neighborhood Commercial District,
R-1 — Residential Districts or planned residential developments
and mobile home parks in Planned Residential Districts from being
used or occupied in any manner so as to create any dangerous, injurious,
noxious or otherwise objectionable condition, such as: fire, explosion,
or other hazards; noise or vibration; traffic congestion, glare or
heat; conditions conducive to the breeding of rodents or insects;
or other substances, conditions or elements in a manner or amount
as to adversely affect the surrounding area. All uses shall operate
in conformance with the environmental controls, and relevant statutes,
codes, rules and other regulations of the United States Government,
the Commonwealth of Pennsylvania, the County of Chester and governmental,
quasi-governmental and governmentally regulated bodies, companies,
authorities and like entities (herein "federal, state and local law").
The most stringent regulation applicable shall govern.
2.
All plans for proposed development in the Industrial/Office District,
Business-1 District, Limited Industrial/Business District, Neighborhood
Commercial Districts, R-1 — Residential District and for planned
residential development and mobile home parks in Planned Residential
Districts shall illustrate, depict, note or otherwise demonstrate
compliance with the regulations within this section.
4.
Noise Control. The following provisions shall apply to any noise-producing
source located in all zoning districts:
[Amended by Ord. 2015-193, 10/5/2015]
A.
No person shall make, continue or cause to be made or continued,
any noise disturbance.
B.
The following acts and the causing thereof, are declared to be noise
disturbances and, therefore, in violation of this chapter:
(1)
Operating, playing or permitting the operation or playing or
any radio, television, phonograph, drum, musical instrument, sound
amplifier, automobile stereo or high fidelity equipment or similar
device which produces, reproduces or amplifies sound:
(a)
At any time in such manner as to cause a noise disturbance across
a lot line or between the hours of 7:00 p.m. of one day and 7:00 a.m.
of the following day in such a manner so as to be audible across a
lot line of the receiving land use.
(b)
In such a manner as to create a noise disturbance across such
a lot line or at 50 feet from such source, whichever is less, when
the source is operated in, from or on a motor vehicle, or hand carried,
on a public right-of-way or public space.
(c)
In such a manner and at a time as to cause a noise disturbance
and which disturbs the peace and quiet of the immediate neighborhood.
(2)
Engaging in loud or raucous yelling, shouting, hooting, whistling
or singing on the public streets between the hours of 7:00 p.m. of
one day and 7:00 a.m. of the following day; or at any time or place
in such a manner as to cause a noise disturbance.
(3)
Operating or permitting the operation of any tools or equipment
used in construction operations, drilling or demolition or other work;
or in the sweeping of parking lots in areas adjacent to residential
districts or within 1,000 feet of residential districts between the
hours of 7:00 p.m. of one day and 7:00 a.m. of the following day on
weekdays and Saturdays or at any time on Sundays or legal holidays,
such that the sound therefrom causes a noise disturbance across a
residential lot line of the receiving land use, except for emergency
work.
(4)
Operating or permitting the operation of any electrically powered
saw, drill, sander, grinder, lawn or garden tool, snowblower or similar
devices used outdoors between the hours of 7:00 p.m. of one day and
7:00 a.m. of the following day so as to cause a noise disturbance
across a lot line of the receiving land use.
(5)
Loading, opening, closing, or other handling of boxes, crates,
containers, building materials, garbage cans or other objects between
the hours of 7:00 p.m. of one day and 7:00 a.m. of the following day
in such a manner as to cause a noise disturbance across a residential
lot line. This section shall not apply to Township or utility services
in or about the public right-of-way.
(6)
Owning, possessing, harboring or controlling any animal or bird
which howls, barks, meows, squawks or makes other sounds continuously
and/or incessantly for a period of 10 minutes or makes such noise
intermittently for 1/2 hour or more to the disturbance of any person
at any time of the day or night regardless of whether the animal or
bird is situated in or upon private property; provided, however, that
at the time the animal or bird is making such noise, no person is
trespassing or threatening to trespass upon private property in or
upon which the animal or bird is situated or for any other cause which
teased or provoked the animal or bird.
(7)
Offering for sale or selling by shouting or outcry or by other
amplified or unamplified sound except between the hours of 7:00 a.m.
of one day and 7:00 p.m. of the same day, provided that same is done
at no time in such a manner as to violate Subsection 4E herein.
(8)
The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair, replacement or other work, of
any muffler or sound dissipative device or element of design or noise
label of any product; the intentional moving or rendering inaccurate
or inoperative of any sound monitoring instrument or other device
positioned by or for the Township or other governmental entity, provided
such device or the immediate area is clearly labeled, or posted, to
warn of the potential illegality; and, the use of a product which
has had a noise label removed or rendered inoperative, with knowledge
or reason to know that such action has occurred.
(9)
Repairing, rebuilding or testing or otherwise working on any
motorcycle or other motor vehicle, a motorboat or aircraft in such
a manner as to cause a noise disturbance across a lot line of the
receiving land use.
C.
The following provisions shall govern motor vehicle noise controls:
(1)
No person shall operate or cause to be operated a public or
private motorcycle or other motor vehicle, or any equipment attached
to such a vehicle, on a public right-of-way at any time in such a
manner that the sound level emitted by the motorcycle or other vehicle,
or any equipment attached to such a vehicle exceeds the level set
forth in the official Pennsylvania Department of Transportation Handbook
of Vehicle Code Regulations, Chapter 450, Established Sound Levels,
as promulgated under the Vehicle Code, P.L.162, No. 81, 75 Pa.C.S.A. § 101
et seq.
(2)
No person shall operate or permit the operation of any motorcycle
or other motor vehicle, or any auxiliary equipment attached to such
a vehicle, for a period longer than 15 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
anywhere within 150 feet of any residence in such a manner as to cause
a noise disturbance across a lot of the receiving land use.
(3)
No person shall at any time sound the horn or other warning
device except when absolutely necessary as a warning of a clear and
present danger of imminent harm.
(4)
No person shall operate sound amplifying equipment mounted on,
or attached to, any motor vehicle at any time in such a manner as
to exceed maximum permissible motor vehicle noise emissions.
D.
The noise from any of the aforesaid prohibited acts that disturbs
two or more residents or other owners in use or occupancy who are
in agreement as to the times and durations of the noise and who occupy
separate residences or other buildings, including apartments, townhouses,
and the like, located across the lot line of the receiving land use,
shall be prima facie evidence of a noise disturbance.
E.
No person shall operate or cause to be operated any noise producing
source in such a manner as to create a sound level which exceeds the
limits set forth for the receiving land use category in the following
table, more than 10% of any measurement period, which shall not be
less than 30 minutes nor more than 60 minutes when measured at or
beyond the lot line of the receiving land use in a District other
than I/O, B-1, LI/B, NC or PRD. Any sound source that produces sound
in excess of those levels shall constitute a noise disturbance.
|
Sound Levels by Receiving Land Use
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit dBA
| |
|
Residential
| |||
|
Farm Residential
| |||
|
Planned Residential
|
7:00 a.m. to 7:00 p.m.
|
57
| |
|
Historic or Institutional
|
7:00 p.m. to 7:00 a.m.
|
52
| |
|
Neighborhood Commercial
|
At All Times
|
65
| |
|
Industrial/Office
| |||
|
Business-1
| |||
|
Limited Industrial/Business
|
At All Times
|
75
| |
F.
Notwithstanding the provisions of Subsection 4E herein, for any noise
producing source of sound the maximum sound level shall not exceed
the sound level limits in the table above by:
G.
A violation of Subsections 4E and 4F above shall be construed to
occur when the dBA limits are exceeded more than once during any consecutive
ten-day period.
H.
In the event the background ambient sound levels set forth in Subsection
4E, the sound level of the intrusive noise producing source shall
be measured with the ambient background sound level being substituted
as the sound level limit in Subsection 4E.
I.
Sound shall be measured at or beyond the lot line of the receiving
land use.
J.
Any noise which occurs on a lot which, according to this chapter
is being used in a legally nonconforming manner, and which noise relates
to said use, shall be judged as if the lot bore a zoning designation
under which the use would be conforming.
K.
All sound measurements shall be made on a sound level meter calibrated
in the manner required by the manufacturer's specifications and
such meter shall be approved by the American National Standards Institute
(ANSI) or its successor body or such other society, organization or
the like approved by the Board of Supervisors. All sound level measurements
shall be taken at an elevation five feet above the ground.
L.
The following sounds are exempted from the provisions above:
(1)
Blasting only if performed in accordance with a permit issued
by the Fire Marshal. Such blasting may occur only between 9:00 a.m.
and 4:00 p.m., Monday through Friday, unless specifically authorized
otherwise by the permit.
(2)
Band concerts, church carnivals or other performances or similar
activities publicly or privately sponsored and presented in any public
or private space outdoors shall be exempt from the provisions of this
chapter provided such activities do not produce sound 15 dBA in excess
of the sound levels set forth in Subsection 4E herein, and do not
occur between 10:00 p.m. on one day and 10:00 a.m. on the following
day.
(3)
Sounds caused by the performance of emergency work, or by the
ordinary and accepted use of emergency apparatus and equipment.
(4)
Sounds resulting from the repair or replacement of any Township
or utility installation in or about the public right-of-way.
(5)
Sounds not electronically amplified, created by organized school
related programs, activities, athletic and entertainment events, or
other public programs, activities or events, other than motor vehicle
racing events.
(6)
Sounds made by warning devices operating continuously for three
minutes or less except in the event of an actual emergency the time
limitation shall not apply.
5.
Vibration Control. No vibration shall be produced which is transmitted
through the ground and is discernible without the aid of instruments
at or at any point beyond the lot line of the receiving land use;
not shall any vibration produced exceed 0.002g peak measured at or
beyond the aforesaid lot line using either seismic or electronic vibration
measuring equipment.
6.
Storage and Fill Controls.
A.
No flammable, combustible or explosive liquids, solids or gases shall
be stored in bulk above the ground except in tank or drums for fuel
directly connecting with energy devices, heating devices, or appliances
located and operated on the same lot as the tanks or drums of fuel.
All such tanks or drums shall be painted or otherwise coated white
or other heat reflective color. All federal, state and local laws
shall be met.
B.
All storage facilities for fuel, raw materials and products stored
outdoors including those permitted in Subsection 6A above shall be
enclosed by a fence of a type, construction and size as shall be adequate
to protect and conceal the facilities from any adjacent properties.
Fencing shall not only encompass the question of safety but also constitute
a contiguous visual buffer. All federal, state and local laws shall
be met.
C.
No materials or wastes, except for those related to normal agricultural
activities, shall be deposited, buried or used for fill upon a lot
in such form or manner that they may contaminate or otherwise pollute
a stream or other watercourse or otherwise render such stream or other
watercourse undesirable as a source of water supply or recreation
(remote or immediate) or destroy or otherwise harm aquatic life, enter
any stream or other watercourse, or cause or contribute to a violation
of federal, state or local law.
D.
No materials or wastes, except for those related to normal agricultural
activities, shall be deposited, buried or used for fill upon a lot
in such form or manner that they may damage, destroy, or create hazards
or contamination to humans, terrestrial wildlife contaminate or wildlife,
soil and/or vegetation.
E.
Underground storage of flammable, combustible, explosive or other
hazardous substances or materials and the construction or installation
of tanks and other receptacles therefore, shall be in accordance with
the Fire Prevention Code and subject to the approval of the Fire Marshal
to the extent such approval is not preempted by federal or state law.
Any such approval, if given, may be given, subject to conditions deemed
necessary to protect the public health, welfare and safety.
F.
All materials or wastes which cause or are reasonably likely to cause
fumes, odors or dust, or which constitute a fire hazard, or which
may be edible or otherwise attractive to rodents or insects, shall
be stored outdoors only if enclosed in containers adequate to eliminate
such hazards. All federal, state and local laws shall be met.
7.
Glare and Heat Control. Direct or sky-reflected glare, whether from
spotlights, floodlights or from high temperature processes such as
combustion or welding or from other sources so as to be visible at
the lot line of the receiving land use, are not permitted. There shall
be no emission or transmission of heat or heated air so as to be discernible
at the lot line of the receiving land use.
8.
Fire and Explosion Control. All activities and all storage of flammable,
combustible and explosive materials at any point within a lot shall
be provided with adequate safety and firefighting devices in accordance
with the ICC Fire Prevention Code in effect at the time such activity
or storage is occurring.
9.
Traffic Control.
A.
Whenever an environmental impact assessment (EIA) report is required by this chapter or the Subdivision and Land Development Ordinance [Chapter 22], the following provisions shall apply:
(1)
No activity shall occur which would adversely affect traffic
flow and/or prevent traffic controls within the Township.
(2)
To minimize potential adverse conditions, the level of service
for traffic along any portion of a road which leads to the points
of ingress and egress of a tract or other proposed property shall
be a level of service "C" or better. The term "level of service" and
the categories thereof are used herein in accordance with the definitions
or meanings ascribed thereto in the document entitled: Trip Generation,
An Institute of Transportation Engineer Informational Report, Second
Edition, 1979, or the edition in use at the time a development or
other building application is made.
(3)
The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations in particular the following chapters: 471-610 pertaining to Engineering & Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and, 471-615 pertaining to Official Traffic — Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth in Subsection 4C(2) herein, and shall include the date upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.
(4)
All streets and/or intersections showing a level of service
below "C" shall be considered deficient and specific recommendations
for the elimination of these problems shall be listed. This listing
of recommended improvements shall include, but not be limited to the
following elements: internal circulation design, site access location
and design, external street and intersection design and improvements,
traffic signal installation and operation, including signal timing.
10.
Soil Erosion, Sedimentation and Grading Control. No construction or development activity shall occur unless in strict compliance with the Charlestown Township Stormwater Management Ordinance [Chapter 23]. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation, or otherwise changing or altering the land form.
11.
Nonradioactive Liquid or Solid Wastes. There shall be no discharge
at any point into any public or private sewage disposal systems or
stream, or into the ground, of any liquid or solid materials except
in accordance with the laws and regulations of the United States,
the State of Pennsylvania, Chester County, and Charlestown Township.
[Ord. 6/20/1979; as amended by Ord. 105-2002, 8/5/2002, § 4;
by Ord. 125-2004, 12/20/2004, § 1; and by Ord. 176-2011,
11/7/2011, § 2]
1.
Except as required otherwise under the Stream Valley restriction regulations of § 27-1612, no building shall be erected within 50 feet of any wetland to enable the regeneration of vegetation in order to enhance or create wetland and riparian forest buffers.
2.
The Board of Supervisors shall approve all landscape plans for proposed
plantings along all watercourses to insure that species selection
is appropriate and does not involve the use of invasive plants.
[Ord. 6/20/1979; as amended by Ord. 115-2004, 2/23/2004,
§ 2; and by Ord. 125-2004, 12/20/2004, § 1]
1.
Conditional Use Standards and Criteria for Bed and Breakfast Inns.
A.
A bed and breakfast inn shall only be permitted in a single-family
detached dwelling that is an historic resource. The owner of the historic
resource shall reside in the premises and operate the bed and breakfast
inn.
B.
Such use may only be located in an FR or R-1 District if the historic
resource fronts upon a minor arterial, major collector, or minor collector
road as shown on the Historic Resources Map.
C.
Such use shall be limited to five guest rooms to accommodate a maximum
of 10 guests in any single evening. All guest rooms shall be located
within the existing single-family detached dwelling. A diagram of
the premises indicating the room or rooms within the dwelling to be
utilized for guest occupancy shall be submitted with the application
for conditional use.
D.
No guest shall be registered more than 21 consecutive nights, nor
30 cumulative nights during a six-month time period.
E.
The minimum lot area for a bed and breakfast inn with up to three
guest rooms shall be 80,000 square feet. Whenever there are four or
five guest rooms, the minimum lot area shall be 100,000 square feet
and 120,000 square feet respectively.
F.
Every bed and breakfast inn shall provide bathroom facilities in
accordance with the following minimum requirements:
|
Total Number of Guest Rooms
|
Total Guest Bathroom Facilities
| |
|---|---|---|
|
1 to 2
|
1
| |
|
3
|
2
| |
|
4 to 5
|
3
|
|
Said bathroom facilities shall be located on each floor where
guest quarters are provided. The living quarters for the residents
shall have separate bathroom facilities. Bathrooms shall be equipped
with a toilet, wash basin, bath and/or shower.
|
G.
The dwelling housing the bed and breakfast inn shall not be structurally
or physically altered (except for regular maintenance and repairs).
The exterior of the dwelling shall maintain the appearance of a single-family
detached dwelling.
H.
The bed and breakfast inn use shall be subordinate to the residential
use of the owner and shall be operated by the owner. There shall be
no more than an equivalent of two full-time nonresident employees,
in addition to the resident family members.
I.
There shall be no separate or secondary kitchen or cooking facilities
on the property, in the dwelling or in any guest room. Food served
to guests on the premises shall be limited to only breakfast and afternoon
tea.
J.
The application for conditional use shall be accompanied by certification
from the Chester County Health Department that the existing sewage
system can accommodate maximum usage proposed by the bed and breakfast
inn. If the proposed use is to be served by a public sewerage system,
the applicant shall submit documentation from the servicing authority
that the proposed use will be served.
K.
If the bed and breakfast inn is not connected to a public water supply
system, a certificate issued by a licensed testing laboratory, which
certifies that the drinking water serving the residence is potable,
shall be submitted at the conditional use hearing.
L.
The bed and breakfast inn shall require an occupancy permit issued
by the Zoning Officer prior to the opening of the bed and breakfast
Inn for the accommodation of guests. Any request for the issuance
of an occupancy permit shall be accompanied by a copy of the order
of the Board of Supervisors, approving a conditional use for the property
upon which the bed and breakfast inn will be maintained and operated.
The owner/operator shall provide evidence of current ownership of
the property at the conditional use hearing and upon application for
the occupancy permit. A bed and breakfast inn shall not be operated
at any time without a valid occupancy permit.
M.
No occupancy permit shall be issued unless the applicant has demonstrated
compliance with the terms and conditions set forth by the Board of
Supervisors in its conditional use order.
N.
A bed and breakfast inn shall be operated in compliance with the terms and conditions set forth in the conditional use order and those set forth in § 27-1809.
O.
A bed and breakfast inn shall be limited to one sign which shall
not exceed three square feet in area. The design of the sign shall
utilize natural materials only and shall be submitted with the application
for the conditional use. Temporary signs are prohibited.
P.
One off-street parking space per bedroom used for the bed and breakfast
inn and one space for each full-time equivalent nonresident employee
shall be provided on the premises, in addition to other off-street
parking spaces required in Part 13.
Q.
The Zoning Officer may inspect the facility at any time with notice,
including any on-lot sewage disposal and any on-lot water systems,
and determine whether it is in compliance with the provisions of this
chapter and any conditions of the conditional use order or occupancy
permit. The occupancy permit may be revoked if the property is not
in compliance.
R.
The bed and breakfast inn shall comply with all fire safety and Department
of Labor and Industry requirements.
S.
An occupancy permit issued for a bed and breakfast inn shall be valid
for five years from the date of issuance. The permit shall be renewed
every five years. The application procedure and fee shall be the same
as applicable to Township occupancy permits in general. The initial
and renewal permit shall not be issued until the facility has been
inspected by the Zoning Officer to insure compliance with all applicable
ordinances and regulations, the conditional use order and, if a renewal
application, the original occupancy permit.
T.
An occupancy permit for the operation and maintenance of a bed and
breakfast inn shall be issued only to an individual or individuals
who own and reside within the residence for which the permit is sought.
U.
The dwelling that houses the bed and breakfast inn shall not include
a boarding house or dormitory.
V.
If a property is used for a bed and breakfast inn, it shall not also
be used for an adaptive reuse.
2.
One of the following adaptive reuses, outside the Charlestown Village Historic District, may be allowed at an historic resource as a conditional use, as an incentive to save and maintain historic resources, subject to the provisions of Subsection 3, and subject to Part 13, unless expressly provided for otherwise below:
A.
For properties that front upon a minor arterial or major collector
road as shown on the Historic Resources Map:
(1)
Art gallery.
(2)
Studio (art and craft) — for the design, manufacture,
and sale of: pottery, jewelry, leather craft, fine arts, or photos.
(3)
Historical authentic trade and service such as: tinsmith, weaver,
basket maker, candlestick maker, glassblower, quilt maker, or furniture
maker.
(4)
Antique shop.
(5)
Museum, nature center, public garden, or other similar educational
and cultural facility.
(6)
Professional office for up to five employees, in addition to
the owner, provided that 1 1/2 off-street parking spaces are
constructed and maintained for each employee. (Any fractional number
shall be rounded up to the next whole number of parking spaces.)
(7)
Service business such as a barber, beautician, or tutor.
(8)
Florist.
(10)
Conversion of a historic resource building to a dwelling, apartment
as follows:
|
Minimum Size of Building/ Historic Resource
(Ground Floor Area)
|
Number of Additional Dwelling Units Permitted
|
Total Minimum Lot Area
(square feet)
| |
|---|---|---|---|
|
2,000 square feet
|
2
|
120,000
| |
|
2,500 square feet
|
3
|
160,000
| |
|
3,000 square feet
|
4
|
200,000
| |
|
3,500 square feet
|
5
|
280,000
|
B.
For properties that front upon a minor collector road as shown on
the Historic Resources Map:
3.
Conditional Use Standards and Criteria for Adaptive Reuses. In addition to the standards and criteria of § 27-1808, the following shall apply:
A.
All uses shall be located on properties that comply with the street locational criteria in Subsection 2.
B.
All uses listed in Subsection 2 shall be operated by the owner of the historic resource who shall reside on the property. There shall be no more than an equivalent of four full-time nonresident employees, in addition to the resident family members.
C.
The adaptive reuse shall require an occupancy permit issued by the
Zoning Officer prior to commencement of the use. Any request for the
issuance of a permit shall be accompanied by a copy of the order of
the Board of Supervisors approving a conditional use for the adaptive
reuse on the property upon which the use will be maintained and operated.
The owner/operator shall provide evidence of current ownership of
the property at the conditional use hearing and upon application for
the occupancy permit. The adaptive use shall not be operated at any
time without a valid occupancy permit.
D.
The area used for the adaptive reuse shall occupy no more than 2,000 total square feet in the principal or accessory building, except for conversions as provided for in Subsection 2A(10).
E.
No noise, odor, vibration, glare, electromagnetic interference, or
smoke, shall be noticeable at or beyond the property line.
G.
All uses shall be limited to one sign which shall not exceed six
square feet in area. The design of the sign shall utilize natural
materials only and shall be submitted with the application for the
conditional use. Temporary signs are prohibited.
H.
All uses shall be operated in compliance with the terms and conditions of the conditional use order and those set forth in § 27-1809.
I.
No occupancy permit shall be issued unless the applicant has demonstrated
compliance with the terms and conditions set forth by the Board of
Supervisors in its conditional use order.
J.
If the use is not connected to a public water supply system, a certificate
issued by a licensed testing laboratory, which certifies that the
drinking water serving the residence is potable, shall be submitted
at the conditional use hearing.
K.
The Zoning Officer may inspect the facility at any time with notice,
including any on-lot sewage disposal and any on-lot water systems,
and determine whether it is in compliance with the provisions of this
chapter, all other applicable ordinances and regulations, and any
conditions of the conditional use order or occupancy permit. The occupancy
permit may be revoked if the property is not in compliance.
L.
An occupancy permit for the operation and maintenance of the use
shall be issued only to an individual or individuals who own and reside
within the residence for which the permit is sought. An occupancy
permit issued for an adaptive reuse shall be valid for five years
from the date of issuance. The permit shall be renewed every five
years. The application procedure and fee shall be the same as applicable
to Township occupancy permits in general. The initial and renewal
permits shall not be issued until the facility has been inspected
by the Zoning Officer to insure compliance with all applicable ordinances
and regulations, the conditional use order and, if a renewal application,
the original occupancy permit.
M.
The building or structure housing the adaptive reuse shall not be
structurally or physically altered (except for regular maintenance
and repairs) except as approved by conditional use. The exterior of
the building or structure shall maintain the architectural appearance
which existing prior to the adaptive reuse.
N.
The use shall comply with all fire safety and Department of Labor
and Industry requirements.
O.
All uses shall be reviewed by the Charlestown Township Historic Commission,
who shall comment on their appropriateness.
[Ord. 6/20/1979; as amended by Ord. 131-2005, 11/21/2005,
§ 1; and by Ord. 181-2013, 11/4/2013, § 2]
4.
No building may be erected, altered or used and no lot or premises
may be used in any Zoning District for any use which is noxious or
offensive by reason of illumination in the immediately surrounding
area. Any existing lighting that is deemed by the Township to be causing
a safety hazard or affecting the health, safety and/or welfare of
the Township or Township residents shall be deemed to be a nuisance.
The Board of Supervisors may require or restrict lighting when health,
safety and/or welfare are issues.
[Added by Ord. No. 2017-206, 11/6/2017]
1.
General Requirements.
A.
Design. In order to reduce the number of communications antenna support
structures in the Township in the future, the proposed communications
antenna support structure shall be designed to accommodate other potential
communication users, including not less than one wireless communications
company and not less than one local police, fire or ambulance service
communications provider, through the addition or incorporation of
antenna(s) anchored at a location or in locations on the communications
antenna support structure which the applicant does not intend to anchor
its communications antenna.
B.
Fencing. A security fence shall be required around the antenna support
structure and other equipment, unless the communications antenna(s)
is(are) mounted on an existing structure, as provided herein.
C.
Landscaping. The following landscaping shall be required to screen
as much of a newly constructed communications antenna support structure
as possible. The Board of Supervisors may permit any combination of
existing vegetation, topography, walls, decorative fences or other
features instead of landscaping if, in the discretion of the Board
of Supervisors, they achieve the same degree of screening as the required
landscaping.
(1)
An evergreen screen shall be required to surround the communications
antenna support structure. 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 planted
height of six feet at planting and shall be capable of growing to
a minimum of 15 feet at maturity.
(2)
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible.
D.
Licensing and Applicable Regulations. The applicant must demonstrate
that it is licensed to provide wireless communications services by
the Federal Communications Commission (FCC), through the submission
of a copy of a license issued by the FCC, authorizing the provision
of wireless communications services by the applicant directly or through
licensure or other authorized permission. A copy of this license is
to be provided to the Township within 15 days of the submission of
an application for conditional use or other municipal approval.
E.
Proof of Inspection. The owner of a communications antenna support structure shall submit to the Township Engineer proof of the annual inspection of the communications antenna support structure and communications antenna(s) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the wireless communications facility. In the event the annual inspection referred to above is not performed in a timely manner, the landowner as well as the applicant or other licensed provider of wireless communications service shall be subject to civil enforcement proceedings in accordance with § 27-1801 of this chapter, and such other remedies as are provided by law.
F.
Required Parking. If the wireless communications facility is fully
automated, an adequate parking area shall be required for all maintenance
workers. If the wireless communications facility is not fully automated,
the number of required parking spaces shall equal the number of employees
present at the wireless communications facility during the shift with
the greatest number of employees or staff.
G.
Visual Appearance.
(1)
Communications antenna support structures shall be painted silver
or another color approved by the Board or shall have a galvanized
finish.
(2)
All wireless communications equipment buildings and other accessory
facilities shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and the neighboring buildings
to the greatest extent possible.
(3)
The Board of Supervisors may require that:
(a)
Communications antenna support structures be painted green up
to the height of nearby trees; and/or
(b)
Wireless communications equipment buildings which house electrical
transmitter equipment shall be placed underground, unless determined
to be detrimental to the functioning and physical integrity of such
equipment.
(4)
In making these determinations, the Board of Supervisors shall
consider whether its decision will:
(a)
Promote harmonious and orderly development of the zoning district
involved;
(b)
Encourage compatibility with the character and type of development
existing in the area;
(c)
Benefit neighboring properties by preventing a negative impact
on the aesthetic character of the community;
(d)
Preserve woodlands and trees existing at the site to the greatest
possible extent; and
(e)
Encourage sound engineering and land development design and
construction principles, practices and techniques.
H.
Site Plan. A full site plan shall be required for all wireless communications
facilities, showing all existing and proposed structure(s) and improvements,
including, but not limited to, the communications antenna(s), communications
antenna support structure, building, fencing, buffering and ingress
and egress. The plan shall comply with the Township Subdivision and
Land Development Ordinance,[1] with the exception of such planned documentation/information
which would be required to demonstrate compliance with those provisions
of the Subdivision and Land Development Ordinance (or a Pennsylvania
Stormwater Management Act) pertaining to stormwater management.
I.
Signs. No sign or other structure shall be mounted on the wireless
communications facility, except as may be required by the FCC, FAA
or other governmental agency, and except for an identifying sign of
no greater than three square feet, setting forth the name and means
of contacting the operator.
J.
Lighting. Communications antenna support structures shall meet all
Federal Aviation Administration (FAA) regulations. No communications
antenna support structure may be artificially lighted except when
required by the FAA or other governmental authority. When lighting
is required by the FAA or other governmental authority, it shall be
limited to not greater than 50% in excess of the minimum lumens and
number of lights so required and, if not inconsistent with FAA or
other governmental regulations, shall be oriented inward so as not
to project onto surrounding properties. The applicant shall promptly
report any outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
K.
Maintenance. The applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs, equipment
needs, and the traffic safety and notice impacts of such maintenance.
This information shall be submitted, in writing, in the form of a
proposed maintenance schedule, as part of the conditional use application
or other application for zoning or building authorization.
L.
Vehicular Access. In the event a communications antenna(s) is(are)
attached to an existing structure, vehicular access to the wireless
communications facility shall not interfere with the parking or vehicular
circulation on the site for the existing principal use.
M.
Co-location. If the applicant proposes to build a communications
antenna support structure [as opposed to mounting the communications
antenna(s) on an existing structure], the applicant shall demonstrate
that it has contacted the owners of structures of suitable location
and height (such as smokestacks, water towers and buildings housing
existing communications antenna support structures) within a one-mile
radius of the site proposed and asked for permission to install the
communications antenna(s) on an existing structure as set forth in
this subsection or demonstrate that the applicant cannot adequately
extend or infill its communication system through the use of these
structures. Charlestown Township would be authorized, at no cost and/or
rental fees, to install antenna(s) and transmission cable equipment
on the tower for the Township and emergency use.
N.
Abandonment.
(1)
If use of a wireless communications facility is abandoned or is not properly maintained (so as to assure continued structural integrity and safety) or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 27-2101 of this chapter and other legal remedies available to the Township.
(2)
In addition, prior to the issuance of any building permit or
use authorization or similar municipal authorization which may result
in construction or installation of a communications antenna, communications
antenna support structure (tower), or wireless communications facility,
a declaration of covenant must be submitted by the applicant, and
approved by the Board of Supervisors, for recording in the office
of the Recorder of Deeds of Chester County, by which the landowner,
and his/her/its successors in interest, authorize Township officials
and Township designees to effectuate the disassembly, demolishment
and/or removal of any wireless communications facility antenna or
similar structure, as contemplated by this provision. Appropriate
documentary proof must be submitted to the Township staff, confirming
the recording of the declaration of covenant, prior to commencement
of any construction or installation of any communications antenna,
communications antenna support structure or wireless communications
facility. The covenant requiring proper maintenance (or removal in
the case of abandonment) of a wireless communications facility shall
expire promptly upon the expiration of any lease or other arrangement
by which the applicant has permission to maintain a wireless communications
facility (or any component thereof) on a land site or other property.
Upon submission of appropriate documentary proof of the expiration
of the lease or other permission specified herein, the Township will
authorize the recording of a document memorializing the expiration
of the effective terms of the declaration of covenants.
(3)
The requirements of this section may be waived or altered by
the Board of Supervisors in the event that either:
(a)
Another appropriate form of guarantee for the continued maintenance
(or removal in the case of abandonment) of a wireless communications
support structure is provided; or
(b)
The Board of Supervisors is satisfied that adherence to these
requirements would be unnecessary, duplicative or violative to the
Federal Telecommunications Act of 1996, or other applicable law.
O.
Notification. All applicants seeking to construct, erect, relocate,
or alter a wireless communications facility shall file a written certification
with the Township Zoning Officer that all property owners within a
three-hundred-foot radius of the proposed communications antenna support
structure have been given written notice by the applicant, mailed
at least 14 days prior to the date of the hearing, of the applicant's
intent to construct, erect, relocate, or alter a wireless communications
facility. The certification shall contain the name, address and tax
parcel number of the property owners so notified. Such notice shall
also contain the date and time of the Board of Supervisors' meeting
at which the applicant will appear and demonstrate compliance with
the provisions of this section.
P.
Interference. In the event the wireless communications facility causes interference with the radio, subscriber equipment or television reception of any Township resident for a period of three consecutive days, the resident shall notify the Township, in writing, of such interference. The Township shall notify the owner/operator of the wireless communications facility of such interference, and the owner/operator, at the owner/operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the interference is not corrected in a timely manner, the owner/operator shall be subject to the civil enforcement proceedings in accordance with § 27-2101 of this chapter and may have the conditional use or other municipal approval revoked.
2.
General Requirements for All Tower-Based Wireless Communications
Facilities. The following regulations shall apply to all tower-based
wireless communications facilities (WCF):
A.
Standard of Care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current, applicable technical, safety and safety-related
codes, including, but not limited to, the most-recent editions of
the American National Standards Institute (ANSI) Code, National Electrical
Safety Code, and National Electrical Code, as well as the accepted
and responsible workmanlike industry practices of the National Association
of Tower Erectors. Any tower-based WCF shall at all times be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Township.
B.
Monopole Design. All tower-based WCFs shall be monopoles.
C.
Wind. Any tower-based WCF shall be designed to withstand the effects
of wind according to the standards designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIN/TIA-222-E Code, as amended). Further, due to
local weather conditions, the tower-based WCF must be built to withstand
100 mph sustained winds with a uniform loading of 50 pounds, or short-duration
gusts of up to 150 mph. An independent professional engineer registered
in Pennsylvania shall attest to the proposed tower-based WCF structure's
ability to meet this requirement and certify proper construction of
the foundation and erection of the tower.
D.
Security. All tower-based WCFs shall have an integral security platform,
or other means with locked access, to prevent unauthorized climbing
of the tower.
E.
Maximum Heights. No tower-based or non-tower-based wireless communications facility shall be taller than 120 feet measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to co-locate communications antenna(s) on the applicant's communications antenna support structure or the applicant demonstrates that a greater tower height is necessary to provide satisfactory service for wireless communications. In such case, the communications antenna support structure shall not exceed 150 feet unless the applicant secures approval as a condition of the conditional use process from the Supervisors by demonstrating such proof as would be required under § 27-1809 of this chapter. In no event shall mounted communications antenna height on any tower extend more than 25 feet above the installed height of the tower. While evidence relating to the criteria set forth in § 27-1809 of this chapter shall be considered by the Board of Supervisors, the Board of Supervisors will impose reasonable limitations on the admissibility of evidences sought to be introduced by any objecting party seeking to question the need for any wireless communications facility (or component thereof). The requirement of establishing a need for any such component and/or the height of any proposed wireless communications support structure shall be deemed to be satisfied through the submission of a report or testimony by a properly qualified radio frequency engineer confirming that the installation of the proposed wireless communications facility will substantially improve the provision of wireless communications service.
F.
Public Safety Communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties. If measurable interference does result from the installation
and use of the tower-based WCF, the owner of the tower based WCF shall
take appropriate measures to abate the interference or cease operation.
G.
Maintenance and Inspections. The following maintenance requirements
shall apply:
(1)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Proper maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(3)
At least annually, the tower-based WCF and its appurtenances shall be inspected both visually and with the appropriate nondestructive testing techniques. The results of those tests and written certification of structural integrity by a registered professional engineer shall be provided annually to the Township. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection is a violation of this chapter and may subject the owner to the violations and penalties in § 27-2101 of this chapter.
H.
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.
I.
Historic Buildings or Districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or is defined as an historic
resource pursuant to this chapter.
J.
Identification. All tower-based WCFs shall display a notice in a
readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township.
K.
Lighting. Tower-based WCFs shall not be artificially lighted, except
as required by law and as may be approved by the Township.
L.
Appearance. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
M.
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 in § 27-1617, Subsection 4, of this chapter, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
N.
Aviation Safety. Tower-based WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
O.
Timing of Approval. Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Township, the Township shall
notify the applicant, in writing, of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF, and the Township
shall advise the applicant, in writing, of its decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the one-hundred-fifty-day review period.
P.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs.
3.
Tower-Based Communications Facilities Outside the Rights-of-Way.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
A.
Permitted in the I/O Industrial/Office District. Tower-based WCFs
are permitted in the I/O Industrial/Office District and I Institutional
District by conditional use with a setback of 800 feet from the district
boundaries, through the issuance of a conditional use decision and
order issued by the Board of Supervisors. Additionally, wireless communications
facilities, including all components thereof, as specified herein,
may be located on any land owned by the Township. In the case of the
location of such facilities on land owned by the Township, no conditional
use application or approval will be necessary; however, the Board
of Supervisors will determine whether permission will be granted for
the location of such facilities on Township-owned land, pursuant to
the terms of a leasing or other agreement, which will incorporate
the requirement of compliance with such substantive regulations of
this section.
B.
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least-intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision
on an application for approval of a tower-based WCF.
C.
Sole Use on a Lot. A tower-based WCF is permitted as a sole use on
a lot subject to the minimum area and bulk requirements for the district.
D.
Combined with Another Use. A tower-based WCF may be permitted on
a property with an existing use or on a vacant parcel in combination
with another use permitted in the district, subject to the following
conditions:
(1)
Minimum Lot Area. The minimum lot area shall comply with the
requirements for the district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(2)
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the setback requirements for the district,
provided that no tower-based WCF shall be located within 500 feet
of a lot with a residential use or a residential district boundary.
E.
Co-location. 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. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-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.
F.
Design Regulations.
(1)
The 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
Board of Supervisors as part of the conditional use.
(2)
Any substantial change to an existing tower-based WCF shall
require prior approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
G.
Soil Report. The applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/ETA 222-B, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
H.
Fence/Screen.
(1)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(2)
The Board of Supervisors may also require the applicant to install
an effective screen as defined in this chapter to further screen the
tower-based WCF.
I.
Accessory Equipment.
(1)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground unless the applicant can demonstrate
to the satisfaction of the Township Engineer that the equipment cannot
be located underground, in which case the ground-mounted equipment
shall be screened from public view using stealth technologies, as
described above.
(2)
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.
J.
Additional Antennas. The applicant shall allow other service providers
to co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
4.
Tower-Based Facilities in the Rights-of-Way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
A.
Permitted in the VO Industrial/Office District, I Institutional District,
NC-1 Neighborhood Commercial-1 District, and NC-2 Neighborhood Commercial-2
District, Tower-based WCFs are permitted in the ROW only in the I/O
Industrial/Office District, I Institutional District, NC-1 Neighborhood
Commercial-1 District, and NC-2 Neighborhood Commercial-2 District
by conditional use of the Board of Supervisors.
B.
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least-intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCFs in the ROW.
C.
Co-location. An application for a new tower-based WCF in the ROW
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 tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-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.
D.
Time, Place and Manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
E.
Equipment Location. Tower-based WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW, as determined by the Township. In addition:
(1)
All ground equipment associated with the tower shall be located
underground so as not to cause obstruction of the right-of-way.
(2)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(3)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
F.
Design Regulations.
(1)
The 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 applicant shall be subject to the approval of the Board
of Supervisors.
(2)
Any substantial change to an existing tower-based WCF shall
require prior approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas or future users.
G.
Additional Antennas. The WCF applicant shall allow other service
providers to co-locate antennas on tower-based WCFs where technically
and economically feasible. The owner of a tower-based WCF shall not
install any additional antennas without obtaining the prior written
approval of the Township.
H.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of tower-based WCFs in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
I.
Compensation for ROW Use. Every tower-based WCF in the ROW is subject
to the Township's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Township's actual
ROW management costs, including, but not limited to, the costs of
the administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Township. The
owner of each tower-based WCF shall pay an annual fee to the Township
to compensate the Township for the Township's costs incurred
in connection with the activities described above. The annual ROW
management fee for tower-based WCFs shall be determined by the Township
and authorized by resolution of the Board of Supervisors and shall
be based on the Township's actual ROW management costs as applied
to such tower-based WCF.
5.
General Requirements for Non-Tower Wireless Communications Facilities.
The following regulations shall apply to all non-tower wireless communications
facilities:
A.
Permitted in All Zones Subject to Regulations. Non-tower WCFs outside
of the rights-of-way are permitted in all zones by conditional use
on an existing smokestack, utility pole, water tower, commercial or
industrial building or any similar tall structure (but not a communications
antenna support structure), provided:
(1)
The height of the communications antenna(s) and apparatus attaching
the antenna(s) thereto shall not exceed 10 feet in height, unless
the applicant obtains conditional use approval for a greater antenna
height and demonstrates that such height is required to make it an
adequately functional component of the applicant's system, but
in no case shall such height exceed 25 feet;
(2)
The applicant proves that such location is necessary to satisfy
its function in the applicant's wireless communications system
or will obviate the need for the erection of a communications antenna
support structure in another location where the same is permitted;
(3)
The applicant submits a plan showing each of the contiguous
properties, identified by tax parcel number and owner, depicting all
buildings and structures located on such properties and their principal
and/or accessory uses; provided, however, that the applicant shall
not be required to trespass upon the land of another in order to obtain
the information set forth in this provision;
(4)
The applicant employs concealment or other reasonable appropriate
stealth measures (the determination of which shall be in the Board's
reasonable discretion) to camouflage or conceal antennas, such as
the use of neutral materials that hide antennas, the location of antennas
within existing structures, such as steeples, silos, and advertising
signs, the replication of steeples and other structures for such purpose,
the simulation of elements of rural landscapes, such as trees, and
such other measures as are available for use for such purpose;
(5)
The proposed use otherwise complies with the requirements of
this section (with the exception of the provisions herein pertaining
to the maximum height and location of a communications antenna support
structure or tower); and
(6)
If the Board finds that location of antenna(s) on an existing
structure obviates the need for the construction and erection of a
communications antenna support structure in any zoning district in
which the same is a permitted use, the Board may authorize by conditional
use the location of either a building not exceeding 500 square feet
or metal boxes placed on a concrete pad not exceeding, in the aggregate,
600 square feet in area, housing the receiving and transmitting equipment
necessary to the operation of the antenna(s), for each unrelated entity
or company sharing communications antenna space on the smokestack,
utility pole, water tower, commercial or industrial building or other
similar tall structure. The building and/or concrete pads may be located
within a side yard or rear yard, provided that:
(a)
The concrete pad and metal boxes or buildings are located within
25 feet away from the property line or, in the case of the building,
the minimum setback distance applicable in the zoning district, whichever
is greater;
(b)
The combined height of the concrete pad and metal boxes or building
does not exceed eight feet; and
(c)
An evergreen landscape buffer screen, having a planted height
of six feet, is installed and maintained so as to provide a visually
effective barrier, for individuals standing at ground level in the
nearby area, between the building or metal boxes and any adjacent
property.
B.
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.
C.
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222-E Code, as amended).
D.
Public Safety Communications. No non-tower WCF shall interfere with
public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties.
E.
Aviation Safety. Non-tower WCFs shall comply with all federal and
state laws and regulations concerning aviation safety.
F.
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.
G.
Timing of Approval. Within 30 calendar days of the date that an application
for a non-tower WCF is filed with the Township, the Township shall
notify the applicant, in writing, of any information that may be required
to complete such application. Within 90 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant,
in writing, of such decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
Township's ninety-day review period.
H.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
I.
Noncommercial Usage Exemption. The design regulations enumerated
in this subsection shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
J.
Removal and Replacement. The removal and replacement of non-tower
WCFs and/or accessory equipment for the purpose of upgrading or repairing
the WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the number of antennas.
6.
Non-Tower Wireless Facilities in the Rights-of-Way Permitted in the
I/O Industrial/Office District, I Institutional District, NC-1 Neighborhood
Commercial-1 District, and NC-2 Neighborhood Commercial-2 District.
Non-tower-based WCFs are, permitted in the ROW only in the I/O Industrial
Office District, I Institutional District, NC-1 Neighborhood Commercial-1
District, and NC-2 Neighborhood Commercial-2 District by conditional
use of the Board of Supervisors. The following additional regulations
shall apply to all non-tower wireless communications facilities located
in the rights-of-way:
A.
Co-location. Non-tower WCFs in the ROW may only be co-located on
existing poles, such as existing utility poles or light poles.
B.
Design Requirements.
(1)
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All ground-mounted
equipment shall be underground.
(2)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
The height of the communications antenna(s) and apparatus attaching
the antenna(s) thereto shall not exceed 10 feet in height, unless
the applicant obtains conditional use approval for a greater antenna
height and demonstrates that such height is required to make it an
adequately functional component of the applicant's system, but
in no case shall such height exceed 25 feet.
C.
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
the Township Board of Supervisors and shall be based on the Township's
actual ROW management costs as applied to such non-tower WCF.
D.
Time, Place and Manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
E.
Equipment Location. Non-tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the ROW, as determined by the Township. In addition:
(1)
All ground equipment associated with the tower shall be located
underground so as not to cause obstruction of the right-of-way.
(2)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(3)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(4)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
F.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
