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.
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:
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]
|
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
| |
|
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.
Parking of a mobile home, house car or travel
trailer in any district for residential purposes shall be prohibited,
except as follows:
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.
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.
For regulations concerning decks, porches and other projecting features, see § 155-10B.
[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.
[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.
(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.
[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:
(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.
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.
[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.
[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.
[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:
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.
