The provisions of this article shall apply to all land uses,
developments and structures in Newlin Township, regardless of district,
and shall be considered to be additional conditions or restrictions
to any other provisions of this chapter. To the extent anything contained
in this article conflicts with any other provision of this chapter,
the most stringent and restrictive provision shall apply.
All buildings shall be situated on a lot adjacent to a public
right-of-way, or with suitable access to an improved private access
road, and all buildings shall be so located as to allow safe access
by emergency vehicles.
[Amended 3-20-2017 by Ord. No. 2017-01]
Accessory dwelling units shall be permitted on lots with two
or more acres subject to the following conditions:
A.
The ADU shall be located within the principal dwelling unit or an
existing or new structure or outbuilding (such as barns, stables,
carriage houses, and garages).
C.
Maximum square footage of any ADU:
(1)
40% of the total heated living space in the principal use to which
the unit is accessory, not to exceed 2,500 square feet.
(2)
However, an existing historic resource/structure that exceeds the
maximum square footage limit may be converted and used as an ADU,
provided that the only expansion is for accessibility or life safety
purposes (such as a fire escape). In addition, such historic resource
is not required, for any existing portions of the building, to meet
dimensional setback requirements of this chapter.
D.
An applicant for a building permit for an accessory dwelling unit
(including a permit to convert an existing dwelling by adding an accessory
dwelling within the existing dwelling unit) shall present, with a
building permit application, a permit from the Chester County Health
Department indicating that there are sufficient sewage disposal facilities
for the additional dwelling unit and that the existing domestic water
supply facilities are adequate to serve both the principal and accessory
dwelling unit. The applicant must also present a restrictive covenant
in recordable form which can be recorded against the property to prohibit
future enlargement of the ADU or creation of additional ADUs beyond
the limits, regarding size and number, allowed in this chapter.
E.
The ADU shall not be permitted to have an additional accessory building,
such as a garage, unless such building is preexisting.
F.
For ADUs in new structures, and for expansions of existing structures,
all yard setback requirements shall be the same as for the new principal
structures.
G.
The owner of the lot shall live in the principal dwelling or in the
accessory dwelling unit on a permanent basis.
H.
Not less than one off-street parking space shall be provided for the ADU in addition to the spaces required by Article IX of this chapter for the principal dwelling. No additional front yard areas shall be used for parking.
I.
The ADU shall not be subdivided from the parent tract.
The following regulations shall apply to all detached nonagricultural structures unless such structures are constructed as part of a development approved under the provisions of Article III or § 240-36 of this chapter:
A.
Detached garages.
(1)
Maximum capacity is three vehicles.
(2)
Maximum height is 20 feet.
(3)
Temporary structures are not permitted.
(4)
No garage shall be within 10 feet of all property lines and shall
not be placed in any required front yard
(5)
No dwelling shall be located within any garage, except as permitted
in this chapter.
B.
Sheds and other accessory structures.
(1)
Maximum height is 10 feet.
(2)
Minimum distance between buildings and/or other structures shall
be 10 feet.
(3)
No structure shall be located within any required yard.
(4)
No dwelling shall be permitted within any accessory structure.
(5)
Accessory structures shall not occupy more than 25% of any yard.
A.
Purposes. The purposes of this section are to create an Airport District
Overlay that:
(1)
Considers safety issues around the G.O. Carlson Airport.
(2)
Regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones.
(3)
Creates the permitting process for use within said zones and provides
for enforcement, assessment of violation penalties, an appeals process,
and judicial review.
B.
Relation to other Zoning Districts. The Airport District Overlay
shall not modify the boundaries of any underlying zoning district.
Where identified, the Airport District Overlay shall impose certain
requirements on land use and construction in addition to those contained
in the underlying zoning district.
C.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER THAN UTILITY RUNWAY
NONPRECISION INSTRUMENT RUNWAY
NONCONFORMING USE
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area
measured in feet above sea level. The airport elevation of the G O.
Carlson Airport is 660 feet MSL.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1, is derived from the approach surface.
Figure 1.
|
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1, is based on the conical
surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1, is derived from
the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1, is derived from the transitional
surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: Act 1984-164 is the Aviation Code, 74 Pa.C.S.A.
§ 5101 et seq.
D.
Establishment of airport zones. There are hereby created and established certain zones within this section, defined in § 240-38C and depicted on Figure 1, and illustrated on the Chester County G.O. Carlson Airport Surface Area Map, included in the appendix[2] and hereby adopted as part of this chapter, which include:
(1)
Approach Surface Zone.
(2)
Conical Surface Zone.
(3)
Horizontal Surface Zone.
(4)
Primary Surface Zone.
(5)
Transitional Surface Zone.
[2]
Editor's Note: The Airport Map is included as an attachment to this chapter and on file in the Township office.
E.
Permit applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first apply to the Federal Aviation Administration (FAA) for review and clearance approval, providing the Township with documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced); and shall notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. However, any person who plans to erect said structure or object of a height less than or equal to 35 feet shall be exempt from the requirements of this chapter, § 240-38. The FAA clearance approval and the Department's BOA response must be included with this permit application for it to be considered complete. If the FAA issues a clearance approval and if the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay Ordinance. If the FAA does not issue a clearance approval or if the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 240-38F. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
F.
Variance. Any request for a variance shall include documentation
in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as
amended or replaced). Determinations of whether to grant a variance
will depend on the determinations made by the FAA and the Department's
BOA as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable air space. In
particular, the request for a variance shall consider which of the
following categories the FAA has placed the proposed construction
in:
(1)
No objection. The subject construction is determined not exceed obstruction
standards and marking/lighting is not required to mitigate potential
hazard. Under this determination a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 240-38I, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
(4)
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this § 240-38 of this Chapter 240, Zoning.
G.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use shall be made of land or water within the Airport District
Overlay in such a manner as to create electrical interference with
navigational signals or radio communications between the airport and
aircraft, make it difficult for pilots to distinguish between airport
lights and others, impair visibility in the vicinity of the airport,
create bird strike hazards or otherwise endanger or interfere with
the landing, takeoff or maneuvering of aircraft utilizing the G.O.
Carlson Airport.
H.
Preexisting nonconforming uses. The regulations prescribed by this § 240-38 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this § 240-38 may be conditioned according to the process described in § 240-38F to require the owner of the structure or object of natural growth in question to permit Newlin Township, at its own expense, or to require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
L.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this § 240-38 and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
M.
Severability. If any of the provisions of this § 240-38 or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this § 240-38 are declared to be severable.
Animal shelters for domesticated animals owned by the occupant
of a lot may be maintained for noncommercial purposes in any district,
provided the shelter is suitably enclosed, yard setback requirements
are maintained, and is no closer than 50 feet to any dwelling other
than that of the occupant. The forgoing provision shall not apply
to agricultural activities or typical dog houses.
Bed-and-breakfast establishments shall be permitted as accessory
uses to single-family dwellings on lots not less than five acres,
subject to the following provisions:
A.
Location within single-family dwellings. The bed-and-breakfast facility
shall be permitted only within a single-family detached and owner-occupied
dwelling or existing dwellings accessory thereto on the same property
as the owner-occupied dwelling.
B.
Principal use not to change. At any time when a bed-and-breakfast
facility is operated, the principal use of the property upon which
it is operated shall remain that of a single-family dwelling.
C.
Maximum tenancy. The length of stay for any guest shall not exceed
seven uninterrupted days.
D.
Meals. Meals that are served by the facility shall consist of breakfast
only and shall be provided only for the guests of the establishment.
The owner/operator of the facility shall comply with all federal,
state and local requirements for the preparation, handling and serving
of food as well as other applicable health and regulatory mandates.
E.
Amenities for the use of guests only. All amenities provided for
guests, including, but not limited to, swimming pool, tennis courts
and the like shall be limited to the sole use of the resident owner
and the guests of the bed-and-breakfast facility.
F.
Guest register required. The resident owner shall maintain a guest
register that shall contain the names, addresses and length of stays
of all guests. The owner shall maintain this register for not less
than three years.
G.
Compliance with other applicable regulations. All bed-and-breakfast
facilities shall comply with all rules, regulations and requirements
of the Chester County Health Department. Prior to the issuance of
a use and occupancy permit for the facility, evidence shall be supplied
to the Township certifying that the proposed bed-and-breakfast facility
is in accordance with all rules and regulations of the Chester County
Health Department.
H.
Smoke detectors required. Each bed-and-breakfast facility shall be
equipped, at a minimum, with one smoke detector in each guest room,
which does not rely on internal batteries, and one fire extinguisher
per floor or sleeping area. All equipment shall be maintained in good
operating conditions at all times.
I.
Parking. Not less than one on-site parking space shall be provided
for each guest room and for each employee. Not less than two parking
spaces shall be provided for the owners of the facility. No parking
space shall be located within any required front yard. All parking
spaces shall comply with all Township and state regulations. No on-street
parking shall be permitted for any bed-and-breakfast facility.
J.
Sign. Not more than one sign shall be permitted for each bed-and-breakfast
facility, not to exceed four square feet in area per side, and shall
be set back not less than three feet from the roadway right-of-way
upon which the facility fronts. The sign shall contain no information
other than the identification of the premises as the named bed-and-breakfast
facility.
K.
Permits required. The Zoning Officer is authorized to issue a permit
for the bed-and-breakfast facility upon demonstrated compliance with
all the requirements of this section and with all other applicable
regulations. Permits shall be valid for a period of one year unless
the permit is revoked due to a violation of any applicable condition
or regulation, due to misrepresentation of facts made to the Township
or other violation of the provisions of this section of other applicable
regulation.
L.
Permit renewal process. Not less than 30 days prior to the expiration
of the permit for the bed-and-breakfast, the operator shall make a
request, in writing, for the renewal of the permit to allow the continuation
of the facility. Upon such request, the Zoning Officer shall inspect
the premises to determine compliance with the provisions of this section
and all other applicable regulations, and shall renew the permit for
one additional year. Upon the determination of the Zoning Officer
that a violation exists or that the facility is not in compliance
with the provisions of this section, the facility shall immediately
cease operations and shall not resume until the violation is corrected
as determined by the Zoning Officer, whereupon the Zoning Officer
shall renew the permit for one additional year.
M.
Application fee. Application and renewal fees shall be as specified
in the current Newlin Township fee schedule.
N.
Limitations on other uses. The provisions of this section are intended
to apply to traditional bed-and-breakfast establishments and shall
not be construed to permit any facility which provides any type of
unassociated ancillary activities or functions. Specifically, but
not inclusively, a bed-and-breakfast facility shall not be utilized
for the provision of space or facilities for weddings, receptions,
parties, and recreational or social functions.
A.
Building setback lines. Building setback lines are established for all roadways, subject to the minimum setback requirements as shown in Table 7, except for developments designed according to the provisions of Option 1, 3 or 4 in Article III of this chapter. Setbacks shall be measured from the street right-of-way.
|
Table 7- Building Setback Lines
| ||
|---|---|---|
|
Road
|
Functional Classification
|
Setback
(feet)
|
|
Apple Grove Road
|
Local access
|
50
|
|
Beagle Road
|
Local access-unpaved
|
50
|
|
Brandywine Creek Road
|
Local access
|
50
|
|
Brandywine Drive
|
Local access
|
50
|
|
Brandywine Creek Road (between Harvey's Bridge and Embreeville
Road)
|
Local access
|
50
|
|
Cannery Road
|
Local access
|
50
|
|
Chestnut Hollow Lane
|
Local access
|
50
|
|
Embreeville Road (PA 162)
|
Minor collector
|
60
|
|
Garnet Lane
|
Local access
|
50
|
|
Glenhall Road
|
Local access
|
50
|
|
Green Valley Road
|
Local access
|
50
|
|
Groundhog College Road
|
Local access-unpaved
|
50
|
|
Harvey's Bridge Road
|
Local access
|
50
|
|
Hilltop View Road
|
Local access-unpaved
|
50
|
|
Indian Hanna Road
|
Local access-unpaved
|
50
|
|
Kelsall Road
|
Local access-unpaved
|
50
|
|
Laurel Road
|
Local access
|
50
|
|
Lost Trail Road
|
Local access-unpaved
|
50
|
|
Marlboro Road
|
Local access
|
50
|
|
Marlboro Spring Road
|
Local access
|
50
|
|
Oak School Road
|
Local access-unpaved
|
50
|
|
Powell Road
|
Local access
|
50
|
|
Stargazers Road
|
Local access
|
50
|
|
Strasburg Road
|
Major collector
|
60
|
|
Warpath Road
|
Local access
|
50
|
|
Wawaset Road (PA 842)
|
Minor collector
|
60
|
|
Wheatland Drive
|
Local access
|
50
|
|
Youngs Road
|
Local access
|
50
|
|
All other roads not listed
|
Local access
|
50
|
B.
Yard reductions. A required front yard may be reduced to form a more
consistent setback pattern in an area that is predominately developed,
according to the following guidelines:
C.
Flag lots. A dwelling on a flag lot may be situated facing in any
direction, provided that front, side and rear yards shall be provided
as if the dwelling actually faces its front yard and the street, and
provided that the dwelling is not less than 250 feet from any public
right-of-way. Not more than one flag lot shall be created per parcel.
[Amended 9-9-2019 by Ord.
No. 02-2019]
A.
ANTENNA
BASE STATION
CO-LOCATION
COMMUNICATIONS EQUIPMENT BUILDING
DISTRIBUTED ANTENNA SYSTEMS (DAS)
FCC
MONOPOLE
NONCOMMERCIAL ANTENNAS AND TOWERS
NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF)
SMALL WIRELESS FACILITIES (SWF)
SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGE (WHERE RELATED TO
WIRELESS COMMUNICATION FACILITIES)
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
WIRELESS COMMUNICATIONS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
WIRELESS COMMUNICATIONS FACILITY, HEIGHT
WIRELESS SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
Any structure or equipment at a fixed location that enables
FCC licensed or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver, or other associated equipment
that constitutes part of a base station at the time the relevant application
is filed with the state or municipal authorities, even if the structure
was not built for the sole or primary purpose of providing such support,
but does not include structures that do not at that time support or
house base station components. The term includes buildings, light
poles, utility poles, water towers, etc., as well as DAS systems and
small cells.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility or light pole.
The building or cabinet in which electronic receiving, relay
or transmitting equipment for a wireless communications facility is
housed and covering an area on the ground not greater than 200 square
feet.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
Federal Communications Commission.
A WCF or site which consists of a single pole wireless support
structure, designed and erected on the ground or on top of a structure,
to support antennae and connecting appurtenances.
A privately owned antenna or tower serving solely the same
property upon which the antenna or tower is located, for the personal,
amateur, noncommercial use of the owner of the property, and as an
accessory use to such property, for example, ham radio, citizens band
radio, or direct broadcast satellite dishes.
All wireless communications facilities (WCFs) that are not
tower-based, including, but not limited to, data collection units,
antennae and related equipment. Nontower WCF shall not include support
structures for antennae and related equipment that is mounted to the
ground or at ground-level. Other non-ground mounted examples can include,
but not limited to, installation of a WCF on an existing utility pole,
light pole, barn, church steeple, farm silo, water towers or other
similar structures.
A type of wireless communication facility (WCF) as specifically
defined by the Federal Communications Commission in Part 1 of Title
47 of the Code of Federal Regulations.
A modification to the physical dimensions of a tower or base
station as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
For tower-based WCFs outside of the public rights-of-way, it
increases the height of the facility by more than 10%, or by the height
of one additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it increases the height of the facility by more
than 10% or 10 feet, whichever is greater;
For tower-based WCFs outside of the public rights-of-way, it
protrudes from the edge of the existing tower by more than 20 feet,
or more than the width of the tower structure at the level of the
appurtenance, whichever is greater;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it protrudes from the edge of the existing tower,
or wireless support structure, by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
permitted area of the existing tower-based WCF or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of construction or modification of the tower-based WCF or
base station, unless the noncompliance is due to an increase in height,
increase in width, addition of cabinets, or new excavation that does
not exceed the corresponding substantial change thresholds.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers and monopoles. DAS hub facilities are considered to
be tower-based WCFs.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. Not included are noncommercial antennas
and towers (as defined).
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Township owned land or property.
The vertical distance measured from the base of a wireless
communications facility support structure at the undisturbed grade
to the highest point of the structure. If the wireless communications
facility support structure is on a sloped grade, the average between
the highest and lowest grades shall be used in calculating the height.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
B.
Purposes and intent.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the Township. While the Township recognizes the importance
of wireless communications facilities in providing high-quality communications
service to its residents and businesses, the Township also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and nontower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations; and
(g)
Promote the health, safety and welfare of the Township's
residents.
C.
General and specific requirements for nontower WCF.
(1)
Regulations applicable to all nontower WCFs located within the Township.
(a)
Permitted in all zoning districts subject to regulations. Nontower
WCFs are permitted in all zoning districts subject to the regulations
and conditions prescribed below and subject to applicable permitting
by the Township.
(b)
Nonconforming wireless support structures. Nontower WCFs shall
be permitted to co-locate upon legally, nonconforming wireless support
structures and other nonconforming structures. Co-location of a WCF
upon an existing wireless support structure is encouraged even if
the wireless support structure is nonconforming as to use within a
zoning district.
(c)
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind. All nontower 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 the Telecommunications
Industry Association (ANSI/TIA-222-E, as amended).
(e)
Aviation safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC.
(h)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(i)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower WCF is filed with the Township, the
Township shall notify the WCF applicant, in writing, of any information
that may be required to complete such application. Within 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 WCF applicant, in writing, of such decision. If additional
information was requested by the Township to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the Township's ninety-day review
period.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a nontower WCF that is also a SWF is filed
with the Township, the Township shall notify the applicant, in writing,
of any information that may be required to complete such application.
The Township shall have 10 days from the receipt of the additional
information to issue a letter of completeness, or to request additional
information as appropriate. Within 60 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the 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
sixty-day review period.
(j)
Insurance. Each person that owns or operates a nontower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the nontower WCF.
(k)
Indemnification. Each person that owns or operates a nontower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the nontower WCF. Each person that owns or operates
a nontower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a nontower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all
other costs of indemnification.
(l)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The nontower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents in
accordance with the requirements of the Electronics Industry Association
and the Telecommunications Industry Association (ANSI/TIA-222-E, as
amended).
(m)
Reservation of rights. In accordance with applicable law and
as set forth in more detail in subsequent design and development standards
herein, the Township reserves the right to deny an application for
the construction or placement of any nontower WCF for numerous factors,
which include, but are not limited to, visual impact, design, and
safety standards.
(n)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(2)
Regulations applicable to all nontower WCF that do not substantially
change the physical dimensions of the wireless support structure to
which they are attached.
(a)
Permit required. WCF applicants proposing the modification of
an existing wireless support structure shall obtain a zoning permit
from the Township. In order to be considered for such permit, the
WCF applicant must submit a permit application to the Township in
accordance with applicable permit policies and procedures.
(b)
Such nontower WCFs that do not substantially change the physical
dimensions of the wireless support structure may be eligible for a
sixty-day time frame for review. The applicant shall assert such eligibility,
in writing, to the Township and provide documentation reasonably related
to determining whether the application is eligible for the shortened
review time frame, and, if warranted, such application shall be reviewed
within the sixty-day time frame.
(c)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(d)
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a nontower
WCF as set forth in fee schedules adopted by resolution by the Board
of Supervisors.
(3)
Regulations applicable to all nontower WCF that do substantially
change the wireless support structure to which they are attached.
(a)
Permit required. Any WCF applicant proposing the construction
of a new nontower WCF, or the modification of an existing nontower
WCF, shall first obtain a zoning permit from the Township. New construction
and modifications shall be prohibited without a permit.
(b)
Prohibited on certain structures. Nontower WCFs greater than
10 feet in height shall not be located on single-family detached residences,
single-family attached residences, or any residential accessory structure.
(c)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a nontower
WCF, as well as related inspection, monitoring and related costs.
(4)
Regulations applicable to nontower WCF located outside the public
rights-of-way that do substantially change the wireless support structure
to which they are attached.
(a)
Development regulations. If feasible, nontower WCFs shall be
co-located on existing wireless support structures, such as existing
buildings or tower-based WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed the maximum height permitted in the underlying
zoning district.
[2]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
[3]
A security fence of not less than six feet and not more than
eight feet in height shall surround any separate communications equipment
building. Vehicular access to the communications equipment building
shall not interfere with the parking or vehicular circulations on
the site for the principal use.
(b)
Design regulations.
[1]
Nontower WCFs shall employ stealth technology and be treated
to match the wireless support structure in order to minimize aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the Township.
[2]
Antennas, and their respective accompanying wireless support
structure, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[3]
Noncommercial usage exemption. Township residents utilizing
satellite dishes and antennas for the purpose of maintaining television,
phone, and/or internet connections at their respective residences
shall be exempt from the design regulations enumerated in this section.
(c)
Removal, replacement, modification.
[1]
The removal, replacement, or modification of nontower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF may not increase the overall size of the WCF or the numbers of
antennas.
[2]
Any material modification to a WCF shall require notice to be
provided to the Township, and possible supplemental permit approval
to the original permit or authorization.
(d)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the Township Code or state or federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(5)
Regulations applicable to all nontower WCFs located in the public
right-of-way.
(a)
Co-location. Nontower WCFs in the right-of-way shall be co-located
on existing wireless support structures, such as existing utility
poles or light poles. If such co-location is not technologically feasible,
the WCF applicant shall locate its nontower WCFs on existing poles
that do not already act as wireless support structures, with the Township's
approval, subject to the required permitting by the Township and compliance
with applicable regulations.
(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 equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower 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.
(d)
Equipment location. Nontower WCFs and related 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]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to the
satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner within
10 business days of notice from the Township of the existence of the
graffiti.
[5]
Any proposed underground vault related to nontower WCFs shall
be reviewed and approved by the Township prior to installation.
(e)
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, determines 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;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to required permit fees,
every nontower WCF in the ROW is subject to the Township's right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the ROW. Such compensation for ROW use shall be directly related
to the Township's actual ROW management costs, including, but
not limited to, the costs of the administration and performance of
all reviewing, inspecting, permitting, supervising and other ROW management
activities by the Township.
D.
General and specific requirements for all tower-based WCF.
(1)
Regulations applicable to all tower-based WCF in the Township.
(a)
Standard of care. Tower-based WCFs shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Tower-based WCFs 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)
Conditional use authorization required. Tower-based WCFs are permitted by conditional use only in those zoning districts and along those roadways as designated in the subsequent provisions of Subsections D(2) and (3) and E. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to the Board's approval of a conditional use authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Board that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment such as repeaters, antenna(s) and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available tall structures. The WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where proposed in order to serve the WCF applicant's
service area and that no other viable alternative location exists.
[2]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
[3]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board that the owner of the property has granted an easement for the
proposed WCF and that vehicular access will be provided to the facility.
(c)
Engineer inspection. Prior to the Township's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
Township, on behalf of the applicant, a written certification of the
proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure.
(d)
Visual appearance and land use compatibility. Tower-based WCFs
shall employ stealth technology, which may include painting the tower
portion silver or another color approved by the Board, or shall have
a galvanized finish. All tower-based WCF and related equipment shall
be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade that blends
with the existing surroundings and neighboring buildings to the greatest
possible extent.
(e)
Co-location and siting. An application for a new tower-based
WCF shall not be approved unless the Board of Supervisors finds that
the wireless communications equipment planned for the proposed tower-based
WCF cannot be accommodated on an existing or approved structure or
building or on Township property. The WCF applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within 1/4 of a mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(f)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF that increases the
overall height of such WCF shall first obtain a zoning permit from
the Township. Routine modifications shall not require a permit.
(g)
Gap in coverage. A WCF 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.
(h)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior zoning permit approval of the Township.
(i)
Wind. Any tower-based 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 the Telecommunications
Industry Association (ANSI/EIA-222-E, as amended).
(j)
Site plan. A full site plan shall be required for all tower-based
WCFs, showing all existing and proposed structures and improvements,
for a minimum of 500 feet from the tower-based WCF, including but
not limited to Antenna and related support structures, building, fencing,
buffering and ingress and egress.
(k)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Township justifying the total height of the structure. The
maximum total height of a tower-based WCF, which is not located in
the public ROW, shall not exceed 120 feet, as measured vertically
from the ground level to the highest point on the structure, including
antennas and subsequent alterations. Should the WCF applicant prove
that another provider of wireless communications services has agreed
to co-locate antennas on the WCF applicant's tower-based WCF
and requires a greater tower height to provide satisfactory service
for wireless communications than is required by the WCF applicant,
the total height of such tower-based WCF may be further increase but
shall not exceed 150 feet. Tower-based WCF located within the public
ROW are subject to more stringent height restrictions as set forth
in subsequent provisions of this section.
(l)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna space on the tower-based WCF.
(m)
Public safety communications and emissions. Tower-based WCFs
shall not interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties. 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.
(n)
Maintenance. The following maintenance requirements shall apply
to all tower-based WCFs:
[1]
All tower-based WCFs shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Maintenance shall be performed to ensure the upkeep of the facility
to promote the safety and security of the Township's residents
and utilize the best available technology for preventing failures
and accidents in accordance with the requirements of the Electronics
Industry Association and the Telecommunications Industry Association
(ANSI/TIA-222-E, as amended).
(o)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(p)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required by law, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(q)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(r)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(s)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant, in writing, of any information
that may be required to complete such application. All complete applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant, in writing,
of its decision.
[1]
Timing of approval for SWF. Within 10 calendar days of the date
that an application for a tower-based WCF that is also a SWF is filed
with the Township, the Township shall notify the applicant, in writing,
of any information that may be required to complete such application.
The Township shall have 10 days from receipt of the additional information
to issue a letter of completeness, or to request additional information
as appropriate. 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. If the application is subject to conditional use approval,
such conditional use provisions will remain applicable to the application;
however, the timing of approval shall not fall outside the timeline
set forth in this section unless otherwise agreed upon by the applicant
and the Township.
(t)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this section.
(u)
Removal. Where use of a tower-based WCF is to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue its use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(v)
Permit fees. The Township may establish, by resolution, 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.
(w)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including,
but not limited to, visual impact, design, and safety standards.
(x)
Insurance. Each person that owns or operates a tower-based WCF
greater than 55 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 55 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(y)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
(z)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania.
(aa)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
Regulations applicable to tower-based WCF located outside the public
rights-of-way.
(a)
Development regulations.
[1]
Location. Tower-based WCFs outside the public rights-of-way
are permitted by conditional use in the Flexible Rural Development
Zoning District; however, tower-based WCFs are not permitted to be
located within the Village Overlay Zoning Districts, the Airport Overlay
Zoning Districts, or within greenway land as such term is separately
defined in the general definition section of this chapter.[1]
[2]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot is a minimum of
6,000 square feet and meets the minimum lot area of the district in
which it is located. The minimum distance between the base of a tower-based
WCF and any adjoining property line or street right-of-way line shall
equal 110% of the proposed height of the tower-based WCF unless it
is demonstrated to the reasonable satisfaction of the Board that,
in the event of failure, the WCF is designed to collapse upon itself
within a setback area less than the required minimum setback without
endangering such adjoining property uses, their occupants, pedestrians,
or traffic.
[3]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 55 feet in height.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed height of the tower-based
WCF unless it is demonstrated to the reasonable satisfaction of the
Board that, in the event of failure, the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining property uses, their occupants,
pedestrians, or traffic.
(b)
Design regulations.
[1]
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the Township.
[2]
To the extent permissible by law, any height extensions 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 other respects to accommodate both the WCF
applicant's antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 55 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence having a minimum height of six feet and a maximum
height of eight feet shall completely surround any tower-based WCF
greater than 55 feet in height, as well as guy wires, or any building
housing WCF equipment.
[2]
Landscaping. Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. The Board may
permit any combination of existing vegetation, topography, walls,
decorative fences or other features instead of landscaping if, in
the discretion of the Board, they achieve an equivalent degree of
screening. Existing vegetation shall be preserved to the maximum extent
possible.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 55 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with this chapter and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(3)
Regulations applicable to tower-based WCF located in the public rights-of-way.
(a)
Location and development standards.
[2]
Tower-based WCF permitted along the above roadways shall not
be permitted to be located along the side of the roadway which abuts
the Brandywine River, any of its tributaries, or which abuts any portion
of lands subject to a conservation easement including a nature preserve
such as the ChesLen Preserve. Such tower-based WCF shall be located
within the rights-of-way on the other side of the road and opposite
from such natural features.
(b)
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 right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Township and the
requirements of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and related 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]
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be placed underground shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner within 10 business days
of notice from the Township of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(d)
Design regulations.
[1]
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
[2]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all other respects to accommodate both the WCF
applicant's antennas and comparable antennas for future users.
(e)
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 tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[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;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section and established by resolution of the
Board of Supervisors, every tower-based WCF in the right-of-way is
subject to the Township's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Township's
actual right-of-way management costs, including, but not limited to,
the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other right-of-way management
activities by the Township. The owner of each tower-based WCF shall
pay an annual fee to the Township to compensate the Township for the
Township's actual costs incurred in connection with the activities
described above.
E.
General and specific regulations for WCF upon municipal use land
or public use land.
(1)
Tower-based WCFs may be permitted upon public lands owned by the
Township, regardless of the provisions of the underlying zoning districts,
when approved by conditional use by the Board pursuant to the conditional
use procedures and standards contained herein and subject to the following
additional criteria:
(a)
Where a previously approved tower-based WCF is located upon
public land owned by the Township, antenna(s) of providers other than
the entity owning the tower may co-locate on the tower if the proposed
co-location meets all of the requirements set forth in the Pennsylvania
Wireless Broadband Collocation Act, 53 P.S. § 11702.1.
(b)
When required by the Board, the tower-based WCF shall be architecturally
screened and landscaped to simulate other structures existing in the
Township, such as light poles, flagpoles, farm silos or trees (stealth
features), and shall be painted one or more colors (blue, green or
remain galvanized) as directed by the Board.
(c)
The location of the tower-based WCF within the public land owned
by the Township shall be at the discretion of the Board should it
grant approval of the conditional use application and shall be an
express condition thereof.
(d)
The Township may enter into separate agreements and fee arrangements
with tower-based WCF applicants beyond those permit fees and reimbursement
costs set forth by resolution or by this chapter.
(2)
Nontower WCFs may also be permitted upon public lands owned by the
Township, regardless of the underlying zoning district, subject to
those regulations and restrictions as set forth in the preceding sections
governing all nontower WCFs and subject to the following additional
criteria:
(a)
The Board at its discretion can modify certain standards and
regulations to allow a reasonable use of Township-owned property to
accommodate nontower WCFs.
(b)
Where a previously approved tower-based WCF or other wireless
support structure is located upon public land owned by the Township,
antenna(s) of providers other than the entity owning the tower may
co-locate on the wireless support structure, if the proposed co-location
meets all of the requirements set forth in the Pennsylvania Wireless
Broadband Collocation Act, 53 P.S. § 11702.1.
(c)
Subject to applicable law, the location of the nontower WCF
within the public land owned by the Township shall be at the discretion
of the Township.
(d)
The Township may enter into separate agreements and fee arrangements
with nontower-based WCF applicants beyond those permit fees and reimbursement
costs set forth by resolution and in previous sections of this chapter.
F.
Consistency with state and federal laws and regulations. The provisions
contained herein regulating wireless communications facilities are
intended to comply with federal and state laws and regulations in
effect as of the date of adoption of this section. To the extent that
any of the provisions in this section conflict with any federal or
state statute or regulations, the federal or state statutes or regulations
shall control unless the applicable federal or state statutes or regulations
allow for more stringent provisions in local ordinances. In which
case, the more stringent provisions of local ordinances shall remain
in effect and shall control in such instances.
All commercial and industrial uses of land shall comply with
the following standards:
A.
Noise. No commercial or industrial use of land shall cause an increase
in noise that exceeds any applicable standard set by the Pennsylvania
Department of Environmental Protection (DEP) or the United States
Environmental Protection Administration (EPA).
B.
Smoke. No commercial or industrial operation shall emit any smoke
that exceeds any applicable standard set by the DEP or EPA.
C.
Dust and dirt. No commercial or industrial operation shall release
any airborne dust, dirt or fly ash which exceeds any applicable standard
set by the DEP or EPA.
D.
Odor. No commercial or industrial operation shall emit odorous gases
or matter that is perceptible at any point along a lot line that exceeds
any applicable standard set by the DEP or EPA.
E.
Toxic gases, petroleum products, pesticides, herbicides, and similar
noxious substances. No commercial or industrial operation shall release
any toxic gas or hazardous material or waste into the environment
which exceeds any applicable standard set by the DEP or EPA.
F.
Vibration. No commercial or industrial operation shall cause vibration
that is perceptible at any point along a lot line that exceeds any
applicable standard set by the DEP or EPA.
G.
Glare, heat, and radiation. No commercial or industrial operation
shall produce heat, glare or other radiation which is perceptible
at any point along the lot line, which exceeds any applicable standard
set by the DEP or EPA.
H.
Waste products. Waste products shall be stored within enclosed buildings
or in containers adequate to prevent the spread or attraction of vermin
and prevent the carrying of material by the wind. No liquid or solid
waste or material, including any material of such nature or temperature
as can contaminate any water supply or otherwise cause the emission
of dangerous elements, shall be discharged at any point into any sewage
disposal system, watercourse, lake, or into the ground, except in
accordance with standards approved by the DEP or other applicable
regulatory department or agency.
I.
Fuel storage. All fuel storage areas shall comply with applicable
regulations of the Pennsylvania State Fire Marshal and/or the Pennsylvania
State Police.
J.
Agricultural uses exempted. All lawful agricultural activities shall
be exempt from Township provisions.
Country property accessory dwelling units (including elder cottages
and tenant houses proposed in Option 4 subdivisions) shall be subject
to the following conditions:
A.
Location and construction. Accessory dwelling units in principal
residences or in new traditional outbuildings (such as barns, stables,
carriage houses, and spring houses) shall be designed to harmonize
with vernacular rural buildings in the municipality's historic
landscape.
B.
Maximum number. There shall be a maximum of one accessory dwelling
unit (ADU) on any building lot less than 10 acres in an Option 4 subdivision,
and a maximum of two ADUs on any building lot containing 10 or more
acres in an Option 4 subdivision, provided all performance standards
of this chapter are met. No additional ADUs shall be created.
C.
Gross floor area. The gross floor area in the first ADU shall not
exceed 900 square feet. In the second ADU, where permitted, the maximum
area shall be 750 square feet. However, on lots exceeding 15 acres,
the second ADU may take the form of a tenant house containing up to
2,000 square feet of floor space. Under this section, existing historic
accessory buildings more than 75 years old that exceed these floor
space limits may be permitted by the Township to be used as ADUs without
having to meet the dimensional setback requirements of this chapter.
A.
On-site production. All products sold must be produced on the premises
or on agricultural lands.
B.
Setbacks. Any structure that is used for the display or sale of farm
products shall be set back not less than 50 feet from all street right-of-way
lines.
C.
Parking. Adequate and safe off-street parking shall be provided for
employees and customers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The design and construction of driveways shall comply with the requirements of Chapter 67, Driveways, of the Code of Newlin Township.
A building, structure, lot or premises shall be permitted only
one principal use. A building, structure, lot, premises or use may
not be altered, partitioned or subdivided in any manner for the purpose
of creating an additional principal use.
A.
Opportunities in the Village Overlay District. A second principal use shall be permitted in the Village Overlay District, by special exception, as an adaptive reuse of an historic structure in accordance with § 240-82 and the following:
(1)
A second residential dwelling unit.
(2)
A nonresidential use in § 240-66C(2).
A.
Applicability. The following requirements shall apply to all timber
harvesting activities; provided, however, that the normal and routine
removal or maintenance of trees by a homeowner, as well as timber
removal activities resulting from storms or from other damage and
necessary for purposes of preserving safety, shall be exempted from
these regulations.
B.
Erosion and sedimentation control plan. An erosion and sedimentation
control plan shall be prepared for each tree harvesting operation.
The Natural Resources Conservation Service shall approve the plan.
C.
Erosion control plan. An erosion and sedimentation control plan shall
be filed with the Township not less than 30 days prior to the start
of the harvesting operation and a copy of the plan shall be available
at the site.
D.
Procedures and requirements. The following requirements shall apply
to all harvesting operations:
(1)
No clear cutting of trees of more than six inches in diameter measured
at four feet above grade within 25 feet of ridge lines (measured vertically),
or which expose such ridge lines to view from public roadways not
less than 2,000 feet from the site, shall be permitted.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare.
(3)
Felling or skidding across any public thoroughfare is prohibited
without written permission by either the Township or the Pennsylvania
Department of Transportation, whichever is responsible for the thoroughfare.
(4)
All soil and debris washed or carried onto public streets during
tree harvesting operations shall be cleaned daily. The applicant shall
be responsible for the restoration of any property that may be damaged
due to erosion caused by the timber harvesting operation.
(5)
Upon the conclusion of any timber harvesting operation, all litter,
trash, discarded equipment, and similar items shall be removed from
the site before the operator vacates the site.
(6)
Upon the completion of any logging operation, the area shall be reseeded
in compliance with the erosion and sedimentation control plan.
(7)
All clear-cut areas shall be reclaimed by methods such that the area
does not increase sedimentation and stormwater runoff.
(8)
The applicant shall be responsible for repairing berms and/or shoulders
on public roads that may be damaged due to the timber harvesting operation.
E.
Bonding. Road bonding for timber harvesting shall comply with PennDOT
regulations Chapter 189, found in Publication 221, "Posting and Bonding
of Municipal Bonds."
F.
Admission to the site. The Township may enter onto the site to ensure
compliance with the provisions of this section and with the erosion
and sedimentation control plan.
An owner or occupant of a parcel may conduct garage or yard
sales as accessory uses to dwellings for periods not to exceed a total
of seven days per parcel per each year. Such sales may include personal
property, but shall not include articles on consignment, and no stocking
of inventory shall be permitted. No public right-of-way areas shall
be used during the garage sale.
Typical architectural elements and mechanical facilities associated
with permitted structures, such as belt courses, bay windows, roof
overhangs, chimneys, antennas, flagpoles, air handling equipment,
utility poles, and similar facilities, may project above the maximum
height or yard setback limits established in zoning districts, subject
to the following:
A.
Horizontal elements. Horizontal architectural elements may project
into required yards not more than two inches per one foot of provided
yard depth.
B.
Vertical elements. Vertical elements may project above the maximum
height limit, provided that the element is set back from all lot lines
a distance not less than 150% of its height.
Professional home occupations may be permitted as accessory
uses to single-family detached dwellings, subject to the following
conditions:
A.
Exterior changes. No changes to the exterior of the dwelling shall
be permitted, which would have the effect of altering its character
as a single-family dwelling. The professional home occupation shall
only be conducted within a single-family dwelling or in an accessory
building. The accessory structure shall be set back from all lot lines
not less than 50 feet. An area corresponding to not more than 25%
or 600 square feet, whichever is less, of the gross square footage
of the dwelling, including all floors and habitable basement areas,
but excluding attic space, shall be devoted or used for the professional
home occupation.
B.
Limitation on employees. Not more than two employees not in residence
in the dwelling shall be permitted.
C.
No outside storage. No products or materials used in the professional
home occupation shall be stored outside unless screened and shall
meet the minimum yard setback regulations.
D.
Vehicle use. No vehicles, except for typical automobiles or pickup
trucks, shall be used in the occupation.
E.
Equipment use. No machinery or equipment except for typical office
equipment shall be used.
F.
No tractor-trailer deliveries. No deliveries by tractor-trailer shall
be permitted.
G.
No adverse effects. The occupation will not result in any noise,
electromagnetic interference to radio or television signals, odor
or septic discharge that is significantly different from those of
typical dwellings.
H.
No subdivision. The professional home occupation structure shall
not be subdivided from the parent parcel.
I.
Parking. Not less than two parking spaces shall be provided for the
professional home occupation, in addition to the parking spaces provided
for the dwelling. No required minimum front yard areas shall be used
for parking in addition to those spaces existing prior to the application
for the professional home occupation. Tandem parking spaces in driveways
may be used to meet off-street parking requirements. Parking for the
professional home occupation shall be located in side or rear yard
areas or in garages.
J.
Permit required. Before any building is used for a professional home
occupation, the applicant shall receive a permit from the Zoning Officer,
which shall state that it is issued subject to the applicant complying
with the conditions of this section.
No parcel shall be used for the deposit or storage of junk or
discarded materials unless authorized pursuant to this chapter.
All applicants for zoning permits for land uses other than agriculture or other than residential developments containing less than five dwellings or residential lots shall submit to the Township a landscape plan for the site, prepared according to the provisions of Chapter 185, Subdivision and Land Development.
The amount of light trespass cast onto an adjacent parcel shall
not exceed 0.1 vertical footcandles at the property line. Lighting
fixtures shall not direct glare towards any other lots and shall not
cast disabling glare towards any public right-of-way.
No lot, even though it may consist of one or more adjacent parcels
or lots of record, shall be reduced in size such that any minimum
required yard area, bulk or other requirement of this chapter is not
maintained.
Individual mobile homes shall be considered to be single-family
detached dwellings if they conform with the bulk and lot requirements
pertaining to single-family dwellings, and to the following:
A.
Foundations. All mobile homes shall be securely fastened to foundations
that will resist heaving, settling, shifting, or other movement due
to frost action, inadequate drainage, high winds, or other similar
forces acting upon the structure. Foundations shall be constructed
as specified by the manufacturer of the mobile home, but not less
than one tie-down shall be provided for each 10 feet along the perimeter
of the dwelling.
B.
Wheels removed. All wheels, hitches, tongues and facilities used
for the transportation of the home shall be removed.
C.
Construction. The construction of all mobile homes shall conform
with the requirements of Act 69 of the General Assembly of the Commonwealth
of Pennsylvania, enacted May 11, 1972, as may be amended, as well
as any other applicable state or federal laws or regulations regarding
mobile homes.
D.
Base enclosures. The base of the mobile home shall be surrounded
by concrete block, vinyl, decorative wood siding, or similar manufactured
material, extending from the bottom of the dwelling to grade, and
shall be constructed to inhibit decay and shall resist penetration
by vermin.
F.
Sewage disposal inspections. The County Health Department shall inspect
and approve the proposed method of sewage disposal.
A clear-sight triangle shall be maintained at all street intersections
according to the Pennsylvania Department of Motor Vehicles. See diagram
below.
 |
No building or structure shall be erected, altered or used,
and no lot or premises may be used for any activity that is noxious,
injurious or offensive by reason of dust, smoke, refuse, odor, gas,
fumes, noise, vibration, electronic interference, radiation, illumination,
use or production of hazardous materials or hazardous wastes or similar
substances or conditions such that any regulation of the Pennsylvania
Department of Environmental Protection or United States Environmental
Protection Agency is violated. These provisions shall not apply to
the agricultural activities. Persons who burn materials in open areas
shall first inform the Fire Department of the proposed burning activity,
and no open fire shall be unattended.
A.
General. Any activity, use of land, trade or process that may be
in any way dangerous, noxious or injurious to public health, safety
or welfare, such that any regulation of the Pennsylvania Department
of Environmental Protection or United States Environmental Protection
Agency is violated, is specifically prohibited.
B.
Certain activities constitute nuisances. The storage or parking of
wrecked, junked, stripped or abandoned vehicles, or the storage, placement
or accumulation of wrecked, discarded, or abandoned machinery, equipment,
household appliances, debris or waste materials of any kind or description,
or parts thereof, shall occur only when such items are stored within
an enclosed building, are stored out of sight from the public right-of-way
on which the property abuts, or is otherwise authorized in conjunction
with a business properly operated pursuant to this chapter and other
laws of the Township.
C.
Notice to remove property. If the Township finds that a violation
of this article exists, the Township shall notify the owner of the
property on which the violation exists, or the owner of the vehicle
or other discarded or abandoned item, or both, of this violation.
The owner of the item(s) and the owner of the property on which the
item(s) are stored shall be ordered to correct the violation within
30 days of such notice.
D.
Service of notice to remove property. Notice shall be given by personal
service or by certified mail to the last known address of the violator.
In the event that, on diligent search, the address of either the property
owner or the owner of the vehicle or other items cannot be determined,
the posting of the notice on the property, vehicle, item, structure
or area immediately adjacent to the vehicle or item shall constitute
sufficient notice.
E.
Request for hearing. Within 30 days after notice, the affected party
may request a hearing with the Supervisors by filing a written request
with the Secretary. The thirty-day period for compliance set out in
this article is suspended from the date of request for a hearing to
the date of the hearing. After the hearing, the Supervisors shall
affirm, withdraw or modify the notice.
F.
Effect of failure to request hearing. If a hearing is not requested,
the parties affected shall remove the vehicle or items from the property
in accordance with the notice and order.
G.
Notice of hearing. On proper request, a hearing on the matter shall
be held within a reasonable time, and where more than one party is
involved, it shall be the duty of the party requesting the hearing
to notify the Secretary of the names and addresses of all other affected
or interested parties.
H.
Authority for Township to remedy violations at the expense of the
defaulting property owner. If the violation shall not have been remedied
within the period as required by the order, the Township may remedy
the violations and charge the costs thereof to the real property owner
on whose property the violation is located. The cost shall, after
a proper demand and refusal or a failure to pay after 30 days, constitute
a lien on the property at such time as the Solicitor shall thereafter
file it.
Produce and other products of local farms may be sold at roadside stands. Off-street parking areas shall be provided as required in Article IX of this chapter, and not more than one sign shall be permitted, as regulated in Article X of this chapter. No sign or stand shall obstruct vision along the street.
[Added 10-13-2014 by Ord.
No. 2014-01; amended 9-12-2016 by Ord. No. 2016-02]
A commercial equine activity that involves either: 1) the boarding
of 20 or fewer horses not owned by the owner or operator; 2) providing
lessons or training in handling, riding or driving to 10 or fewer
individuals per week; or 3) providing five or fewer group lessons
in handling, riding or driving per week to a group of six or fewer
individuals, shall be permitted by right, subject to the applicant
complying with the following conditions:
A.
If the portion of the property on which the commercial equine activity
is conducted is within the identified floodplain area, the owner shall
provide proof of a written manure management plan or certified nutrient
management plan, as applicable, which identifies any animal concentration
areas and best management practices as required by the Department
of Environmental Protection (DEP) and DEP's Manure Management
Manual.
[Amended 7-10-2017 by Ord. No. 2017-03]
B.
If the portion of the property on which the commercial equine activity
is conducted is within the Steep Slope Conservation Overlay District,
the owner shall provide written proof of a manure management plan
or certified nutrient management plan, as applicable, which identifies
any animal concentration areas and best management practices required
by the Department of Environmental Protection (DEP) and DEP's
Manure Management Manual as well as written proof of a written agricultural
and erosion and sediment control plan, if required by DEP.
C.
Manure storage shall be set back a minimum of 100 feet from the property
line and shall be designed, constructed, maintained and operated in
accordance with all applicable laws and regulations and permits shall
be secured from all governmental agencies having jurisdiction over
this activity. The owner shall provide proof of a written manure management
plan or certified nutrient management plan, as applicable, which identifies
any animal concentration areas and best management practices as required
by the Department of Environmental Protection (DEP) and DEP's
Manure Management Manual.
D.
All parking must be provided on the same lot as the use.
All satellite receiving antennas over four feet in diameter
or height shall conform with all applicable yard setback regulations
for principal uses and shall not be located in the front of any principal
building, unless applicable provisions of the Federal Communications
Commission would be violated.
A.
Purposes. The purposes of this section are as follows:
(1)
To promote the public health, safety and welfare by the protection
of steep slope areas and by encouraging the retention of open space.
(2)
To permit only those uses of steep slope areas which are compatible
with the conservation of natural conditions and which maintain stable
soil conditions by minimizing disturbances to vegetation and by restricting
the regrading of steep slope areas.
(3)
To limit soil erosion and the resultant destruction of the land,
siltation of streams and damage to property.
(4)
To protect low-lying areas from flooding by limiting the increase
in stormwater runoff caused by grading of steeply slope areas, changes
of ground cover or the erection of structures on steeply slope areas.
(5)
To maintain the ecological integrity and habitat value of steeply
sloped areas.
(6)
To allow the continuing replenishment of groundwater resources and
the maintenance of springs.
B.
General provisions.
(1)
Compliance with these provisions. No area within the Steep Slope
Conservation Overlay District shall hereafter be used without full
compliance with the terms of this section and other applicable regulations.
(2)
Overlay. The Steep Slope Conservation Overlay District shall be deemed
to be an overlay on any zoning district now or hereafter enacted.
The physical limits of this district are not graphically shown on
the Zoning Map.
(3)
Additional requirements to underlying district. In those areas of
the Township where the Steep Slope Conservation Overlay District applies,
the requirements of the overlay district shall be in addition to and
supersede where inconsistent with the requirements of the underlying
zoning district.
(4)
Changes to steep slope boundary: effect on underlying district. If
the boundaries of the Steep Slope Conservation Overlay District are
changed as a result of legislative or administrative actions or judicial
decision, the zoning requirements applicable to the area in question
shall revert to the requirements of the underlying zoning district
without consideration of this section.
(5)
Changes to underlying zoning district: effect on Steep Slope Overlay
District. For any parcel or any part thereof on which the Steep Slope
Conservation Overlay District is an overlay, should the underlying
zoning classification(s) be changed as a result of legislative or
administrative actions or judicial decision, such change(s) in classification
shall have no effect on the boundaries of the Steep Slope Conservation
Overlay District.
(6)
Preservation of other restrictions. It is not intended by this section
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this section imposes greater restrictions,
the provisions of this section shall prevail.
(7)
Municipal liability. Any determination that a proposed use complies
with this section or any approval of a subdivision or land development
plan or any issuance of a building or zoning permit within or near
the Steep Slope Conservation Overlay District shall not constitute
a representation, guaranty or warranty of any kind by the Township,
or by any official or employee thereof, of the practicability or safety
of the proposed use and shall create no liability upon the Township,
its officials or employees. This section does not imply that areas
outside the Steep Slope Conservation Overlay District or land uses
permitted within said district will always be totally free from the
adverse effects of erosion.
C.
Designation and interpretation of overlay district boundary.
(1)
The Steep Slope Conservation Overlay District consists of slopes
of greater than 20%. In any application for subdivision and/or land
development, or when otherwise required by this chapter, where the
tract includes areas of steep slopes, the applicant shall, using two-foot
contours, delineate slopes greater than 20%. Further, the applicant
shall use an actual field topographic survey or aerial survey as the
source of contour information and the basis for depicting steep slopes.
(2)
This section shall apply only to those steep slopes that exist for
three or more consecutive two-foot intervals and which are greater
than 1,000 square feet in area. Isolated areas of land over 20% slope
that are less than 1,000 square feet in area or that are not continuous
over three two-foot contour intervals must be shown on the plan, but
are not subject to the restrictions of this section. Land slopes over
20% may not be averaged with areas of less than 20% for the purpose
of reducing the area of steep slopes. Small areas of less than 20%
slope occurring in the midst of larger areas of steeply sloping ground
shall be considered a part of the steep slopes.
(3)
Boundary interpretation and appeal procedure.
(a)
Each application for construction or land disturbance within the Steep Slope Conservation Overlay District shall be submitted in accordance with § 240-63E below.
(b)
Any area of the Steep Slope Conservation Overlay District that
falls within the tract shall be identified on the site plan through
shading.
(c)
Where an interpretation is needed as to the exact location of
the boundaries of the district in relation to a given parcel, the
Township Engineer shall make an initial determination. Any person
seeking such a determination shall submit a topographic survey of
the property with steep slopes delineated. The Township Engineer shall
make a written report of the results of his initial determination,
a copy of which shall be provided to the Board of Supervisors. The
cost of these determinations shall be borne by the applicant.
(d)
Any person aggrieved by any such determination of the Township
Engineer or other decision under this section may appeal to the Zoning
Hearing Board.
(4)
Exemptions to the provisions of this section when no disturbance is proposed. Applications that are subject to the provisions of the Steep Slope Conservation Overlay District may identify such steep slope areas in approximate terms and without meeting the provisions of § 240-63E(1) of this chapter, provided that no disturbance shall occur within the steep slope areas as well as within a thirty-five-foot wide buffer surrounding such areas.
(a)
Notwithstanding the provisions of § 240-63C(4) above, the Township Engineer may require applicants to comply with the provisions of § 240-63E(1) where the Township Engineer determines that such information is necessary due to unusual geological, topographic or other physical circumstances.
D.
Permitted uses. The following are the only uses permitted in the
Steep Slope Conservation Overlay District. Such uses also shall be
in compliance with the base zoning district.
(1)
Uses permitted by right. Uses permitted by right shall be as follows:
(a)
Parks and outdoor recreational uses.
(b)
Logging and woodcutting, where such activity is limited to highly selective removal of trees and when conducted in conformity with conservation practices approved by the Natural Resources Conservation Service or the County Conservation District, and subject to the provisions of § 240-48 of this chapter. A sedimentation and erosion control plan shall be submitted to the Township.
(c)
Agricultural uses when conducted in conformity with conservation
practices, including minimum tillage methods, approved by the Natural
Resources Conservation Service or the County Conservation District.
(d)
Grading for the minimum portion of a driveway necessary to access
a single-family dwelling when it can be demonstrated that no other
routing that avoids slopes exceeding 20% is feasible.
(e)
Yard areas of any permitted building, so long as such building
is itself not within the Steep Slope Conservation Overlay District,
except where permitted by special exception.
(2)
Uses by special exception. The following uses shall be permitted in the Steep Slope Conservation Overlay District as a special exception when authorized by the Zoning Hearing Board. In making its determination, the Board shall give particular consideration to the criteria and standards in Subsection F below. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter, and subject to the provisions of § 240-81 of this chapter.
(a)
Single-family detached dwelling on construction sites not exceeding
20%.
(b)
Any road necessary to provide primary or emergency access to
a use permitted by this section, when no practical alternative exists
in an area of lesser slope.
(c)
Sealed public water supply wells, where approved by all regulatory
agencies.
(d)
Sanitary or storm sewers where approved by all regulatory agencies.
(e)
Extractive uses, including borrow pits, when operated in accordance
with recognized conservation practices and, as applicable, where approved
by all regulatory agencies.
(f)
Septic systems where permitted under the regulations of the
DEP and the County Health Department.
E.
Administration. The following requirements shall apply:
(1)
Required materials. Before a permit is issued for any construction
or land disturbance activity, the following material shall be submitted
for review to the Township Engineer. No approval or building permit
shall be authorized by the Zoning Officer, and no special exception
shall be granted by the Zoning Hearing Board, without the Township
Engineer's review of this material and his recommendation thereon:
(a)
An earthmoving plan that indicates existing grades with field
run or aerial contour lines at two-foot intervals and proposed grades
within the area of any proposed activity, disturbance or construction.
All areas within the Steep Slope Conservation Overlay District shall
be shaded accordingly.
(b)
A site plan indicating existing and proposed structures, impervious
surfaces, storm drainage facilities and retaining walls. The site
plan shall also locate and identify existing vegetation and ground
cover within the Steep Slope Conservation Overlay District, as well
as proposed landscaping material.
(c)
Architectural plans, elevations and sections.
(d)
A statement, signed and sealed by a registered architect or
engineer, explaining the building methods to be used in overcoming
foundation and other structural problems created by steep slope conditions,
and which shall also indicate how and by what means watersheds will
be preserved and how and by what means soil erosion and excessive
surface water runoff shall be curtailed.
(e)
Plan, profile and typical cross-sections of any proposed street,
emergency access or driveway, with the seal of a registered professional
engineer thereon.
F.
Additional criteria.
(1)
Steep slope lots. Each lot containing steeply sloped land shall contain
no less than 50% of the minimum required lot area after the exclusion
of all steeply sloped ground as defined herein. Criteria for stabilization
and compaction of excavated and/or filled areas shall be in accordance
with acceptable engineering standards and shall be subject to the
approval of the Township Engineer.
(2)
Grading to be minimized. All grading shall be minimized and shall
be undertaken in accordance with all applicable Township ordinances
and regulations. No grading shall be undertaken within any area of
the Steep Slope Conservation Overlay District, except where approved
in conjunction with a use permitted under the terms of this section.
(3)
Finished slopes. Finished slopes of all cuts and fills shall not
exceed 33% unless the applicant can demonstrate that steeper slopes
can be stabilized and maintained adequately to prevent erosion.
(4)
Total impervious surfaces. The total amount of impervious surface
that may be installed or maintained shall not exceed 50% of the maximum
amount of impervious surface permitted in the underlying base zoning
district.
A.
Location. No swimming pool (surface or aboveground), tennis court,
or recreational structure shall be located within any minimum yard.
All swimming pools with depths of more than two feet shall be enclosed
by a permanent fence of not less than four feet in height, and which
contains a self-locking gate. Fences shall be designed and constructed
in such a way as to discourage climbing or unauthorized access.
B.
Lighting. Exterior lighting shall not be directed towards adjoining
properties.
C.
Isolation distances from sewage disposal facilities. No pool, tennis
court or other recreational facility shall be placed less than 10
feet from any septic field or tank.
Trailers, motor homes, recreational vehicles, and similar facilities
shall be regarded as accessory structures and shall conform to all
applicable setback requirements of this chapter.
A.
Purposes. The purposes of this section are as follows:
(1)
To preserve the historic development patterns of the Township.
(2)
To implement the Unionville Area Regional Comprehensive Plan (2011)
Future Land Use Plan.
(3)
To provide for small-scale nonresidential uses that complement the
villages.
(4)
To encourage the adaptive reuse of historic structures in the villages.
B.
General provisions.
(1)
Compliance with these provisions. No area within the Village Overlay
District shall hereafter be used without full compliance with the
terms of the section and other applicable requirements.
(2)
Overlay. The Village Overlay District shall be deemed to be an overlay
on any zoning district now or hereafter enacted. The physical limits
of this district are graphically shown on the map in the appendix.[1]
[1]
Editor's Note: The maps of the Village Overlay Districts are
on file in the Township's offices and available on the Township's
official website.
(3)
Boundaries. The boundaries of the Village Overlay District shall
follow the property line boundaries as designated on the maps in the
appendix.
(4)
Additional requirements to underlying district. In those areas of
the Township where the Village Overlay District applies, the requirements
of the overlay district shall be in addition to and supersede the
requirements of the underlying zoning district.
(5)
Changes to Village Overlay boundary: effect on underlying district.
If the boundaries of the Village Overlay District are changed, as
a result of legislative or administrative actions or judicial decision,
the zoning requirements applicable to the area in question shall revert
to the requirements of the underlying zoning district without consideration
of this section.
(6)
Changes to the underlying zoning district: effect on Village Overlay
District. For any parcel or any part thereof on which the Village
Overlay District is an overlay, should the underlying zoning classification
be changed as a result of legislative or administrative actions or
judicial decision, such change(s) in classification shall have no
effect on the boundaries of the Village Overlay District.
(7)
Preservation of other restrictions. It is not intended by this section
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this section imposes greater restrictions,
the provisions of this section shall prevail.
C.
Permitted uses. The following are the only uses permitted in the
Village Overlay District. Such uses shall also be in compliance with
the base zoning district.
(2)
Uses by special exception. The following uses shall be permitted in the Village Overlay District as a special exception when authorized by the Zoning Hearing Board. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition those expressed below, as it may deem necessary to implement the purposes of this chapter and subject to the provisions of § 240-82 of this chapter.
Dumpsters and similar waste storage facilities, excluding sanitary
sewage facilities, shall be subject to the following standards:
A.
Commercial facilities. All nonresidential facilities shall provide
appropriate outdoor waste storage facilities and shall be routinely
emptied.
B.
Screening. All waste storage facilities shall be screened or landscaped
and shall be fully enclosed to limit animal access and wind-blown
waste.
C.
No parking spaces to be used. No required parking areas may be occupied
by any waste storage facility.
D.
Location. No facilities shall be located in any front yard.
[Added 3-20-2017 by Ord.
No. 2017-01]
Agricultural operations, including a CAO and a CAFO, shall be
permitted subject to the following regulations, in addition to the
requirements imposed by federal or state law. If the requirements
of any federal or state law conflict with the following regulations,
the regulations in the federal or state law shall control.
A.
Fencing. All grazing areas shall be fenced.
B.
Manure setbacks. No manure storage shall be located less than 300
feet from any lot line.
C.
Nutrient management plan. If required by state or federal law, a
nutrient management plan shall be submitted to the Township.
D.
Long-term disposal of manure. The applicant shall demonstrate that
an adequate site for the disposal of manure is available on a long-term
basis.
E.
Setbacks. Poultry houses and facilities for the housing of swine
or hogs shall be not less than 500 feet from any residential structure,
except any such structure located on the same premises, and shall
be not less than 300 feet from any property line or street right-of-way.
