Township of Tobyhanna, PA Article XII Special Regulations

§ 155-54 Fences and walls.

No permits are required, except as specified in Subsection H.

A. No fence or wall hereinafter erected, altered or reconstructed in any district in the Township of Tobyhanna may exceed two feet in height above the ground level when located within the clear sight triangle of the intersection of two street lines or driveway.

B. No fence or wall hereinafter erected, altered or reconstructed shall exceed six feet in height above the adjacent ground level. The higher of two ground levels shall be used in measuring such height when a wall is in whole or part a retaining wall.

C. The foregoing restriction shall not be applied so as to prevent the erection of an open wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground, public school, commercial recreation use or commercial resort property when used to fence recreation activities or when used as a deer fence for the protection of property.

D. The foregoing restriction shall not be applied so as to prevent the erection of a fence not exceeding 15 feet in height above ground level within a Commercial or Commercial/Industrial District when used to fence industrial, commercial, or commercial/industrial activities and or property for security purposes.

[Amended 4-3-2023 by Ord. No. 575]

E. The following fences and fencing materials are specifically prohibited at any location on a residential or commercial lot: barbed-wire fences and sharp pointed fences.

F. Every fence or wall shall be maintained in a safe and sound condition.

G. All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.

H. Electrically charged fences shall be permitted in all zoning districts when used for the purpose of confining livestock in a fenced area or in accordance with the provisions of the rules and regulations of the Commonwealth of Pennsylvania Game Commission or other agencies of the Commonwealth of Pennsylvania or County of Monroe in controlling the preservation of real and personal property. Application for a permit for the construction of such fences must be made to the Zoning Officer for review and approval. Documentation which shall include but not be limited to approvals from the aforementioned governmental agencies to support the use of such electrically charged fencing must be submitted with the zoning application.

§ 155-55 Off-street parking.

A. Off-street parking, open-air or indoor, together with the necessary passageways and driveways, shall be provided on the same lot as the use for which they are intended, except as provided under Subsection D, to the extent and number required by the schedule in Subsection L.

B. All driveways and parking areas shall be constructed of crushed stone, shale or bank-run gravel, and shall be adequately drained. All driveways, passageways and parking areas for multifamily residences, commercial uses and industrial uses shall be constructed of a minimum of six-inch compacted crushed stone, shale or bank-run gravel, 1 1/2 inches of ID-2 bituminous binder base course and one inch of ID-2 bituminous wearing course, or of equivalent or superior material, and shall be adequately drained.

(1) A waiver of the bituminous base and wearing courses of pavement is eligible for light commercial uses under Article VIII of this chapter if the total number of average daily "trip ends" or average daily traffic (ADT) of said use is less than 400 (200 vehicles in one day), based upon the Institute of Transportation Engineers (ITE) Trip Generation Manual, Fifth Edition, February 1995. However, bituminous paving shall be required for all access point aprons at the intersection with paved public roads for a minimum length of 20 feet from the edge of the roadway into the access driveway. Should said use increase to more than 400 ADT, then paving shall be done within one year of said increase unless granted a conditional use waiver by the Supervisors.

C. Reduction of nonresidential parking requirements. In order to prevent the establishment of a greater number of parking spaces or impervious areas than is actually required to serve the needs of nonresidential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space or surfacing if the following conditions are satisfied:

(1) A waiver of the asphalt surfacing requirement shall be applicable only to parking areas with a total number of average daily trip ends or average daily traffic (ADT) that is less than 200 based upon the Institute of Transportation Engineers (ITE) Trip Generation Manual, Fifth Edition, February 1995.

(2) The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.

(3) The conditional reduction shall provide for the establishment of not less than 80% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.

(4) The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide the additional parking spaces if required in the future. The developer shall provide a landscaping plan for the reserved area with the land development plan.

D. The collective provision of off-street parking areas by two or more buildings or uses located on contiguous lots is permitted, provided that the total of such parking facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned by the collective users.

E. All parking areas and appurtenant passageways and driveways serving commercial and industrial activities shall be illuminated to an average of not less than 0.75 footcandles, provided that no area shall be illuminated to less than 0.50 footcandles during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided to protect adjacent properties from the glare of such illumination and from that of headlights of automobiles using the parking facility, and as required by § 155-11H.

F. When the computation of the number of required parking spaces results in a fraction, such fractions shall be resolved to the nearest whole number.

G. Access aisles and driveways to parking areas shall be not less than 10 feet in width for single-family residential uses and not less than 15 feet in width for all other uses when a one-way traffic pattern is established, or less than 20 feet in width when a two-way traffic pattern is established. Aisles and driveways within parking areas shall have a minimum width of:

(1) For ninety-degree to sixty-degree angle parking: 22 feet.

(2) For sixty-degree to forty-five-degree parking: 20 feet.

(3) For less than forty-five-degree parking: 18 feet.

(4) For parallel parking: 15 feet.

H. All parking spaces shall have a minimum width of ten (10') feet and a minimum length of twenty (20') feet provided that: (i) non-valet parking spaces for Resorts or Gaming Resorts shall have a minimum width of nine feet six inches (9' 6") and minimum length of eighteen (18') feet; and (ii) Resort or Gaming Resort valet parking spaces shall have a minimum width of eight feet nine inches (8' 9") and a minimum length of sixteen feet six inches (16' 6").

[Amended 12-27-2005 by Ord. No. 458]

I. All parking areas providing parking space for more than 20 cars shall be screened on their residential periphery in such a manner to permit said areas to be viewed at ground level only from the street in front of the building use which they serve.

J. No parking areas, including aisles, except those serving single-family dwellings, shall be closer to a street line, side or rear lot line than 10 feet.

K. Buffering and screening.

(1) All screening and landscaping areas shall be maintained in good condition, free of paper and rubbish and free from all advertising signs. All trees, shrubbery and other landscaping materials shall be maintained in a healthy and growing condition, with dead materials replaced as necessary.

(2) Any parking lot or loading area which qualifies as a nonconforming lot or use upon enactment of this chapter shall comply with the requirements for screening and landscaping upon any enlargement, extension, reconstruction or structural alteration as per § 155-11C(3).

L. Minimum requirements for off-street parking. Minimum requirements shall be as follows:

[Amended 12-27-2005 by Ord. No. 458; 5-2-2022 by Ord. No. 568; 4-3-2023 by Ord. No. 575; 2-20-2024 by Ord. No. 576]

Building Type		Minimum Parking Spaces Required
Auditorium, theater, church or similar use		1 for each 3 seats or 60 inches of bench space
Automobile sales, public garages, motor vehicle service stations, and/or towing businesses		1 for each 400 square feet of gross floor area and 1 for each employee
Banks, business and professional offices (other than a physician's office)		1 for each 300 square feet of gross floor area
Behavioral health treatment facility		1 for each 3 beds, plus 1 space for each employee on the largest shift
Boarding, lodging, tourist homes and bed- and-breakfast inns		1 for each guest bedroom and 2 for the resident manager
Commercial camps		1 for each employee
Commercial resort		1 for each rooming unit and 1 for each 4 dining room seats above guest room capacity
Commercial transient camping		1 for each camping space
Country resort		1 for each guest room and 1 for each 4 dining room seats above guest room capacity; 1 for each 4 persons at peak attendance of indoor/outdoor recreational uses; 1 for each 200 square feet of retail floor space and 1 for each employee; 2 for each single-family dwelling unit
Dwellings, single- family		2 for each dwelling unit
Fishing clubs and camps		1 for each 4 members
Furniture and appliance stores, household equipment or furniture repair shops		1 for each 300 square feet of gross floor area
Gaming Establishment		One space per 2.5 visitors of Gaming Establishment capacity or one space per 50 sq. ft. of gaming area; plus one space per every 2 employees on the largest working shift.
Home occupations		2 for each dwelling unit, 1 for each nonresident employee and 1 for each patron
Home professional offices		1 for each 200 square feet of floor area
Hospitals		2 for each bed, plus 1 space for each employee on the largest shift
Hotels, Motels, Efficiency Hotels, Motor Lodges, Motor Courts, Gaming Hotels, and Condotels		1 space per guest room for the first 250 rooms; 0.5 (1/2) space for each additional room
Hunting clubs and camps		1 for each 4 members
Manufacturing or industrial establishments		1 for each 1 employee or 1 for every 1,000 square feet, whichever is greater
Mobile home courts		1 for each mobile home space
Nursing home		1 for each 3 beds, plus 1 space for each employee on the largest shift
Physician's office		5 for each doctor and 1 for each staff member
Public municipal		1 for each 300 square feet
Recreational areas and indoor/outdoor recreational use		1 for each 4 persons at peak attendance
Research institute or laboratory		1 for each 500 square feet
Resorts and Gaming Resort		In addition to the spaces for Hotels, Motels, Efficiency Hotels, Motor Lodges, Motor Courts, Gaming Hotels, and Condotels set forth above, one space per 50 sq. ft. of gaming area, one space for every 2 bar or restaurant seats, one and one-half spaces per employee on the largest shift, one space for every 3 seats in theaters, one space per 200 sq. ft. (excluding storage space) for retail space, and one space per 100 sq. ft. of convention space.
Residential Uses including single family detached dwellings, multi-family dwellings, and condominiums which may be owned individually, in fractional ownership, and/or in time share ownership		One space for each residential unit.
Restaurants (full service), taverns and nightclubs		1 for each 2 patron seats and 1 for each employee
Restaurants, (fast- food and drive-in)		1 for each 50 square feet of floor and 1 for each employee
Retail stores, shops, etc., and personal service establishments		1 for each 200 square feet of floor space and 1 for each employee
Schools:
	Elementary and Junior High*	1 for each employee and 1 for each 15 classroom seats
	Senior High*	1 for each employee and 1 for each 8 classroom seats
Warehouse establishments		1 for each 1 employee

NOTE: *With auditorium, the total number of spaces shall be provided according to the highest requirements.

M. Off-street loading. Every commercial, industrial or other building which requires the receipt or distribution by vehicles of material or merchandise shall provide one off-street loading space for each 25,000 square feet of gross building floor area or part thereof, and such space shall be at least 12 feet wide by 30 feet long.

§ 155-56 Mobile homes, house cars and travel trailers.

Parking of a mobile home, house car or travel trailer in any district for residential purposes shall be prohibited, except as follows:

A. A mobile home may be parked in any mobile home park, as provided in § 155-100.

B. One mobile home or one currently licensed motor home, travel trailer or other type of trailer may be parked on any lot or tract having a principal building, provided that no living quarters shall be maintained or any business conducted in connection therewith while such vehicle is so parked.

C. Currently licensed and unlicensed trailers of all types may be parked or stored in an enclosed garage or accessory structure on any lot, provided that no living quarters shall be maintained or any business conducted in connection therewith while such vehicle is so parked or stored.

D. All mobile homes placed upon a residential lot for occupancy shall conform to the requirements for the district in which the same is located and, further, shall be placed upon a full permanent foundation or upon permanent piers with adequate skirting mounted to fully enclose the space between the bottom of the mobile home and the ground line. Such mobile homes shall be provided with water supply and sewage disposal systems as the same is required for other residences.

E. Travel trailers and house cars may be parked in any commercial transient camping ground, as provided in § 155-99.

§ 155-57 Permitted home occupations and home professional offices.

Home occupations and professional offices, as defined in § 155-12C(1), are subject to the following conditions:

A. Such use shall be carried on entirely within the principal building or accessory structure and shall not occupy more than 25% of the gross floor area or 400 square feet of said principal building, or more than 600 square feet of gross floor area in the accessory structure, whichever is greater, except that this limitation shall not apply to foster-family care or a family day-care center. Outdoor storage and displays of products and equipment is expressly prohibited.

B. Such use shall not require external alterations or external construction features not customary in dwellings.

C. There shall not be any external evidence of such use other than one accessory identification sign not exceeding five square feet in area for each street on which the lot may adjoin.

D. No such use shall permit the employment of more than one employee who is not a permanent resident of the principal building.

E. Off-street parking, in addition to that required for residential purposes, shall be provided in conformity with § 155-55.

§ 155-58 Decks, porches and other projecting features.

For regulations concerning decks, porches and other projecting features, see § 155-10B.

§ 155-59 Wireless communications facilities.

[Added 3-9-1998 by Ord. No. 394; 9-3-2002 by Ord. No. 429; amended 7-17-2018 by Ord. No. 546; 12-17-2019 by Ord. No. 559]

A. General requirements for all wireless communications facilities.

(1) The follow regulations shall apply to all wireless communications facilities:

(a) Standard of care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, where applicable. 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.

(b) Additional documentation. As part of the application for any WCF requiring conditional use approval, the applicant shall:

[1] Submit a completed Township-supplied checklist to ensure the completeness of the WCF application. All items delineated on the checklist will be required to be submitted with the application. The Township Zoning Officer may review all elements of the application and checklist with the applicant prior to formal submission.

[2] Execute a valid contract for professional services with the Township to allow for review and processing of the WCF application. Such contract for professional services shall also allow for recovery of expenses incurred by the Township in its review of the WCF application.

(c) Wind and ice. All WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(d) Aviation safety. All WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(e) Public safety communications. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(f) Indemnification. Each person that owns or operates a 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 WCF. Each person that owns or operates a 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 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.

(g) Financial security. Prior to receipt of a zoning permit for the construction or placement of a WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the WCF. Said financial security shall remain in place until the WCF is removed.

(h) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1] The WCF shall be fully automated and unattended daily and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility 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.

(i) Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance 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.

(j) Historic buildings. No WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township to be of historical significance.

(k) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCF 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.

(l) Equipment location. WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[1] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 24 inches of the face of the curb.

[2] Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, using 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 accessory equipment shall be removed at the sole expense of the owner.

[5] Any underground vaults related to WCFs shall be reviewed and approved by the Township.

(m) Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall 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.

(n) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this § 155-59.

B. General and specific requirements for non-tower wireless communications facilities.

(1) The following regulations shall apply to all non-tower WCF:

(a) Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(b) Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

(c) Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(d) Removal. If use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, 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.

(e) Insurance. Each person that owns or operates a non-tower 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 non-tower WCF.

(2) The following regulations shall apply to all co-located non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Co-location Act:[1]

(a) Building permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Township. To be considered for such building permit, the WCF applicant must submit an application to the Township in accordance with applicable permit policies and procedures.

(b) Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. 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 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 sixty-day review period.

(c) Accessory equipment. Ground-mounted accessory 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 and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(3) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Co-location Act:[2]

(a) Prohibited on certain structures. No non-tower WCF shall be located on traffic signals, single-family detached residences, single-family attached residences, two-family residences, or any residential accessory structure.

(b) Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Township. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Tobyhanna Township Zoning Ordinance.

(c) Development regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

[1] The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

[2] In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

[3] If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the requirements of the applicable zoning district.

[4] A security fence of not less than six feet and not more than eight feet shall surround any separate communications equipment building. The top of such security fence may have barbed wire attached to it. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(d) Design regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(e) Removal, replacement and modification.

[1] The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennae.

[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.

[2] Editor's Note: See 53 P.S. § 11702.1 et seq.

C. Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in §§ 155-59A(1) and 155-59B(1), the following regulations shall apply to non-tower WCF located in the public rights-of-way:

(1) Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or other available infrastructure. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval. The WCF applicant shall provide the Township with copies of any agreements from owners of poles or other support structures authorizing the use/occupancy of such structures.

(2) Design requirements.

(a) 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 proportionate to the structures upon which they are mounted as determined by the Township Board of Supervisors. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b) Antenna and accessory 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.

D. General and specific requirements for all tower-based wireless communications facilities.

(1) The following regulations shall apply to all tower-based wireless communications facilities:

(a) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(b) Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. 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 Township Board of Supervisors' approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Township Board of Supervisors that the WCF applicant cannot adequately extend or infillits communications system using alternative equipment installed on existing structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed 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] Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Township Board of Supervisors that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

[4] The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions the Tobyhanna Township Zoning Ordinance.

(c) Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, an engineer or engineers registered in Pennsylvania shall issue to the Township a signed, 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. In addition, the permitee's engineer shall issue to the Township a signed, written certification of the proper construction of the foundation and the erection of the structure upon completion of the tower-based WCF.

(d) Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted a non-specular, medium-gray color or another color approved by the Township Board of Supervisors or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

(e) Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by the Township. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/2 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 accessory 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 accessory 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] In the opinion of the Supervisors, a commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(f) Visual impact analysis. A visual impact analysis shall be done for all tower-based WCF and shall accomplish the following:

[1] Delineate the viewsheds from the structure's location on a 7.5-minute topographic map as required for the type of use. Indicate the location of all public use areas on this map.

[2] Delineate line-of-sight profile transects every 15° or less on the above map. Additional transects may be necessary where there is a concentration of public use areas.

[3] Prepare separate and scaled line-of-sight profiles for each transect. These profiles should be drawn on graph paper at a scale of one inch equals 1,000 feet (horizontal) and one inch equals 100 feet (vertical), depicting both existing topography, public use areas and the overall height of the proposed structure.

[4] Delineate by shading all areas on the map within a five-mile radius of the proposed structure where it could be visible based on topography alone using the line-of-sight profiles.

[5] Assess the nature and extent of the structure's actual visibility from each identified public use area. This step is to include identification of any screening of the structure provided by intervening vegetation, buildings, etc. A brightly colored balloon or collection of balloons may be the best target for this step; other permitted targets include a tarp, scaffolding or a crane.

[6] Delineate by contrasting on the map all public use areas and portions of these areas from where the structure will be visible. Provide a description of the structure's visibility in terms of what will be seen, distance from the structure to the viewing point, the location, type and height of intervening vegetation and, for roads and trails, the duration of view to the traveling public. Also, provide representative high-quality photographs from each such area keyed to the map and superimposing the approximate configuration of the structure and denoting the location of the target. Provide separate representative line-of-sight profiles of actual visibility from each such area depicting the structure, existing topography and heights of intervening vegetation.

(g) 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, which increases the overall height of such WCF, shall first obtain a permit from the Township. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

(h) (Reserved)

(i) Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCF where technically and economically feasible.

(j) Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 180 feet in the Commercial/Industrial District or 100 feet in the Open Space/Resource Conservation District, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations.

(k) Accessory equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal cabinets placed on a single 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(e) space on the tower-based wireless communications facility greater than 40 feet.

(l) 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.

(m) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, 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.

(n) 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 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. 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 150-day review period.

(o) Removal. If use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

[1] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days 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 90 days 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 WCF, including antennae, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(p) FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(q) Insurance. Each person that owns or operates a tower-based WCF greater than 40 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 40 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.

(2) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way that do not meet the definition of a small WCF:

(a) Development regulations.

[1] Tower-based WCF shall not be located in or within 50 feet of an area in which utilities are primarily located underground.

[2] Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the above prohibition:

[a] CI Commercial Industrial District.

[b] Open Space/Resource Conservation District.

[3] 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. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.

[4] 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 40 feet in height.

[c] Minimum setbacks.

[i] The foundation and base of any tower-based WCF to be located within a Commercial/Industrial District shall be set back a minimum of 100 feet or the height of the tower-based WCF, whichever is larger, from any adjoining property line (not lease line). The distance from any other structure shall be at least 110% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 500 feet of the boundary line separating a residential district from a Commercial/Industrial District.

[ii] The foundation and base of any tower-based WCF to be located within an Open Space/Resource Conservation District shall be set back a minimum of 500 feet from any adjoining property line (not lease line). The distance from any other structure shall be at least 100% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 2,000 feet of the boundary line separating a residential district from an Open Space/Resource Conservation District.

[d] No tower-based WCF shall be located within 1,000 feet of another tower.

(b) Design regulations.

[1] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township Board of Supervisors.

[2] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

[3] Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(c) Surrounding environs.

[1] Other than dead or dying vegetation, no vegetation may be cut or otherwise removed, other than that necessary to construct or operate the WCF, without the prior approval of the Township. All areas disturbed to construct or operate the WCF shall be graded to conform to the existing topography and shall be planted with vegetation indigenous to the site, as required by the County Conservation District.

[2] The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(d) Fence/screen.

[1] A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[2] Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Such landscaping shall be subject to the approval of the Township Board of Supervisors.

(e) Accessory equipment.

[1] Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

[2] All accessory 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 tower-based WCF. The access road shall be a minimum of 12 feet in width. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. 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 40 feet in height, there shall be two off-street parking spaces.

E. Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

(1) Location and development standards.

(a) Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this section, § 155-59E, and generally applicable permitting as required by the Township Code.

(b) Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(c) Small WCF located within underground districts shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within underground districts.

(d) Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(e) All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all Township Code requirements applicable to streets and sidewalks.

[3] Editor's Note: See 42 U.S.C. § 12101 et seq.

(2) Nonconforming wireless support structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(3) Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. 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.

(4) Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Township.

(5) Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(6) Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(7) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(8) Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

(9) Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.

(10) Design standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file at the Township Code Enforcement Department.

(11) Timing of approval.

(a) Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(b) Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(c) Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

(12) Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the 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:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

(13) Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

§ 155-60 Motor vehicle service stations, public garages and/or towing businesses. [1]

[Added 4-3-2023 by Ord. No. 575]

Motor vehicle service stations, public garages and/or towing businesses are permitted uses in the Commercial and Commercial Industrial Districts provided special regulations are met.

A. All motor vehicle service stations, public garages and or towing businesses shall:

(1) Conform to Article X, Minimum Lot and Yard Requirements.

(2) Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building or fenced-in area.

(3) Pumps, lubricating or other devices are located at least 30 feet from any street line, highway right-of-way or lot line.

(4) All fuel, oil or similar substances are stored at least 35 feet from any street line or lot line.

(5) The construction of a protective canopy structure used to provide cover over the pumping area may be permitted, provided that said structure is constructed not less than 15 feet from any street line, highway right-of-way or lot line. Said structure shall have a height of not greater than 20 feet.

(6) Damaged and inoperable vehicles, dismantled vehicles, unlicensed vehicles, all automobile parts, and similar articles shall be in an enclosed structure, fenced-in area, or in a location out of view of the public at five feet above the ground (See § 155-54, Fences and walls).

(7) Any leaked fluids from vehicles shall be property cleaned up to protect the environment.

(8) Stored vehicles unclaimed or not retrieved by the owner or responsible party within 90 days of receiving shall be placed with a licensed salvor.

B. Driveways to parking areas shall be limited to two. Such driveways shall not be less than 24 feet in width. Driveways shall intersect public streets at right angles whenever possible.

C. No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.

D. The lot shall be in conformance with the regulations set forth in § 155-55, Off-street parking.

E. Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective islands or provided for in a suitable metal stand or rack that does not encroach upon the required aisles or parking areas.

F. Signs shall conform to § 155-32, Permitted on-premises signs, dimension and quality in C and CI Districts, Also see §§ 155-25 and 155-38.

[1] Editor's Note: Former § 155-60, Gambling or off-track betting establishments, added 3-9-1998 by Ord. No. 396, was repealed 12-27-2005 by Ord. No. 458.

§ 155-61 Junkyards and automobile wrecking yards.

[Added 3-9-1998 by Ord. No. 395]

Junkyards and automobile wrecking yards, as permitted in § 155-17D(4), are subject to the following conditions:

A. Such establishment shall not be located within 1,000 feet of any residential district and shall not be located within 1,000 feet of any property whose use is principally residential.

B. The distance between any such junkyards and automobile wrecking yards and any of the protected land uses specified in Subsection A shall be measured in a straight line, without regard to intervening structures, from the closest point of the property line of such junkyard to the closest point on the property line of such protected land use.

C. Junkyards and automobile wrecking yards shall not be less than two acres in area nor shall they exceed five acres in area, and shall be subject to Chapter 89, Junk Dealers and Junkyards, and shall comply with all laws, rules and regulations of the United States of America, the Commonwealth of Pennsylvania and their respective agencies and instrumentalities, and of this Township, pertaining thereto.

D. The outdoor storage of junk shall be at least 50 feet from any other lot line or right-of-way.

E. The proposed establishment will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.

F. The proposed establishment will not constitute a nuisance due to noise or the generation of dust, smoke or other pollutants. Tires shall not be stored or stockpiled in any junkyard. Burning or incineration of junk or vehicles is prohibited in any junkyard.

G. Any building to be used in conjunction with junkyards and automobile wrecking yards shall be subject to the height and setback requirements of the Commercial/Industrial District for an accessory structure. There shall be a minimum of two exterior points of entry to the junkyard or wrecking yard, one specifically limited to the use of emergency vehicles, and cleared driveways shall be provided throughout the entire yard to allow access by emergency vehicles.

H. The application for conditional use shall be accompanied by a preliminary plan containing substantially the same information and meeting the same standards as that required for a major subdivision under Chapter 135, Subdivision and Land Development.

I. Locks must be removed from junk or abandoned vehicles, as defined in Chapter 89, Junk Dealers and Junkyards, doors must be removed from freezers and the freon removed and disposed of legally, and a certificate must be provided by a licensed disposer.

§ 155-62 Homestead lot exemption.

[Added 8-17-1998 by Ord. No. 400]

Notwithstanding any other provision of this chapter or Chapter 135, Subdivision and Land Development, any owner of a homestead lot as defined in this chapter may subdivide a lot from said tract, regardless of the minimum lot area, depth, width or coverage required in each zoning district, if each of the following conditions is met:

A. Said lot to be subdivided is no less than 15,000 square feet.

B. Said lot to be subdivided is no less than 100 feet in depth.

C. Said lot to be subdivided is no less than 100 feet in width.

D. Said lot to be subdivided is to be conveyed to a person or persons, at least one of whom is related to the owner in one of the following ways:

(1) As brother or sister (by blood or adoption).

(2) As mother or father (by blood or adoption).

(3) As son or daughter (by blood or adoption).

(4) As grandparent or grandchild (by blood or adoption).

E. Said lot to be subdivided contains a single-family dwelling in which the person or persons listed in Subsection D have continuously lived as a primary residence for at least five years prior to the application for subdivision is filed with the Township.

F. The single-family dwelling on the lot to be subdivided was constructed before the year 1977.