[Ord. 160, 4/6/1977]
The supplemental regulations contained in this Part are intended
to apply to all zoning districts, uses, structures, lots or other
articles of this chapter, except as otherwise stated. Every building,
or structure hereafter erected, altered, enlarged or maintained, and
every building, structure or parcel of land hereafter used, shall
be in complete conformity with the requirements of the district in
which the building is located and in conformity with the following
supplemental regulations.
[Ord. 160, 4/6/1977]
Any facility connected with military, municipal or private aviation facilities must be approved as a conditional use within the IP Institutional/Public District (see § 27-802, Subsection 1B). There are no such existing facilities within Northampton Township. If such facilities were considered within the Township, it is most likely that such would be an extension of or be related to the Naval Air Development Center (NADC) which abuts the Township boundaries. It is the intention of the Township to acknowledge the recommendations of the Compatible Use Zone Study and the Air Installation Compatible Use Zones contained in such study, dated February 1976, by giving due consideration to such recommendations at the time of review of any habitable use or subdivision located within CNR Zone 3 and CNR Zone 2 (Composite Noise Rating Zones), as shown on Figure IV-1 of said study.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; and by Ord. 276, 7/13/1988]
1.
Buffer spaces are required for permitted uses in the R-3 Multi-family
District, each of the commercial zoning districts, the PO Professional
Office District, the I-1 Planned Industrial District and for certain
uses in the IP Institutional/Public District.
2.
Required buffers shall not be less than 20 feet in depth or as specified
for each respective use or district. Buffer spaces shall not be used
for parking, main or accessory buildings or any other use.
3.
All required buffer spaces shall be landscaped as follows:
A.
Required screening and buffer areas shall consist of at least 80%
evergreen material and must, through layout and content, provide design
solutions which solve all visual and noise problems related to residential,
industrial or commercial uses whether on the same lot or not.
B.
In addition to required tree and shrub buffer, earthen berms, fences
or masonry walls may be acceptable or desirable when it is determined
to be not feasible to achieve desired buffering with plant material.
C.
Spacing, density and material selection shall be based on intensity
or degree of problem in area of required screening or buffer planting.
D.
A naturalized arrangement of plant material and earthen berms shall
be used wherever possible.
E.
In all screening and buffer plantings, deciduous trees and shrubs
shall be used with required evergreen material to provide accent and
color to the overall planting.
4.
In addition to the above, landscaping shall be required for any multi-family
use and for any nonresidential use as follows:
A.
Any part or portion of any site which is not used for buildings,
other structures, loading or parking spaces and aisles, sidewalks
and designated storage areas shall be landscaped with trees and shrubs
in accordance with an overall landscape plan and shall be in keeping
with natural surroundings. A replacement program for nonsurviving
plants should be included.
B.
Any single parking area with 20 or more spaces shall utilize at least
5% of its area in landscaping, which shall be in addition to open
area requirements of the district.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 298, 9/13/1989; by Ord.
300, 10/11/1989; by Ord. 414, 11/27/1996; by Ord. 522, 12/12/2007; and by Ord. 525, 12/12/2007]
1.
Residential lots containing accessory buildings, structures and uses, including any garages, barns, carports, decks, patios, terraces, gazebos, pavilions, greenhouses, utility sheds, storage sheds, tennis courts, domestic animal shelters, or other similar accessory buildings, structures and uses, shall comply with the provisions specified under § 27-1105 of this chapter. The Zoning Officer shall have the final determination as to the classification of the structure.
[Amended by Ord. No. 611, 8/25/2021]
2.
Nonresidential lots containing accessory buildings, structures and uses, including any garages, storage facilities, pole barns, farm buildings, greenhouses, supplemental uses, recreation facilities, or other similar accessory buildings, structures and uses, shall comply with the provisions specified under § 27-1106 of this chapter.
[Ord. 160, 4/6/1977; as added by Ord. 522, 12/12/2007; as amended by Ord.
551, 7/28/2010, § 2;
by Ord. 558, 4/27/2011, §§ 2, 3; and by Ord. 591, 5/24/2017]
1.
Residential lots containing a permitted residential dwelling unit
shall comply with the following general provisions:
[Amended by Ord. No. 611, 8/25/2021]
A.
The accessory building, structure or use shall be subordinate and
customarily incidental to the principal building and utilized as an
accessory use on the lot occupied by the principal building.
B.
The accessory building, structure or use shall not be located in
the front yard.
C.
The land area occupied by the accessory building or structure shall
account towards the building coverage calculations for the lot and
zoning district to which it is located.
D.
The land area occupied by the residential accessory building or structure
shall account towards the impervious surface ratio calculations for
the lot and zoning district to which it is located.
E.
The maximum height of any accessory building or structure shall be
15 feet unless otherwise indicated.
F.
No permanent residential accessory building or structure shall be
constructed on any lot prior to the commencement of construction of
the principal building to which it is an accessory component.
2.
The following provisions shall apply to detached residential garages,
barns, carports, and similar buildings and structures:
[Amended by Ord. No. 611, 8/25/2021]
A.
Compliance must be met with the following square footage limitations
with respect to the footprint of the building or structure:
(1)
A maximum of 1,000 square feet is permitted for properties up
to two acres with a maximum height of 15 feet. The required side and
rear yard setbacks are both 15 feet each.
(a)
A ten-foot side yard setback is permitted for lots in R-2 Cluster
subdivision.
[Added by Ord. No. 617, 2/28/2024]
(2)
A maximum of 1,500 square feet is permitted for properties between
two and five acres with a maximum height of 20 feet. The required
side and rear yard setbacks are both 20 feet each.
(3)
A maximum of 2,000 square feet is permitted for properties over
five acres with a maximum height of 20 feet. The required side and
rear yard setbacks are both 30 feet each.
(4)
If located in the side yard, no portion of the building or structure
can extend past the front building line of the house.
B.
No more than one detached residential garage, barn, carport, or similar
structure is permitted per lot. If the property exceeds two acres,
two structures are permitted.
C.
No structure can be used for business purposes, habitation, or for
the storage of any hazardous materials other than routine items that
are customary to a residential dwelling, such as gasoline for mowers
and other similar materials.
E.
Detached residential garages, barns, carports, and similar structures
on a lot occupied by a single-family attached dwelling, single-family
semi-detached dwelling, townhouse, or other dwelling having a common
lot line may be located along the common lot line, provided that they
do not project onto the adjacent property and they are located at
least five feet from the rear property line.
3.
The following provisions shall apply to decks, patios and terraces:
A.
Decks, patios and terraces located on a lot occupied by a single-family
detached dwelling unit shall comply with the building setback requirements
of the underlying zoning district to which they are located, but are
permitted to encroach a maximum of 25% within the required rear yard
setback for said zoning district.
[Amended by Ord. No. 611, 8/25/2021; Ord. No. 617, 2/28/2024]
(1)
Unenclosed porticos and similar structures may project into the required
setbacks.
B.
Decks, patios and terraces located on a lot occupied by a single-family
attached dwelling unit or semidetached dwelling unit may be located
along the common lot line, provided that they do not project onto
another property and comply with the remaining setback requirements.
C.
Decks, patios and terraces located on a lot occupied by a single-family
detached dwelling unit, single-family attached dwelling, or single-family
semidetached dwelling may be covered, provided that it is in accordance
with all building code requirements.
D.
Decks, patios and terraces located on a lot occupied by a townhouse
unit may only be located in the rear yard and subject to the following
provisions:
(1)
It shall be located at least one foot from a side lot line or,
in the case where a townhouse dwelling unit is not located on a fee-simple
lot, an imaginary line extending from the common wall of any contiguous
townhouse dwelling units.
(2)
It shall be located at least 30 feet from a rear lot line; provided,
however, that in instances where the existing rear yard setback was
less than 42 feet, a patio, deck or similar structure may be attached
to the rear of a dwelling unit and may extend into the rear yard provided
that the deck is no closer than seven feet from the rear property
line. In the case of developments where the yard area is common space,
decks, patios, and terraces can be constructed in accordance with
Homeowner's Association requirements and/or as specified on the approved
plan.
4.
The following provisions shall apply to noncommercial greenhouses:
A.
Noncommercial greenhouses located on a lot occupied by a single-family
detached dwelling unit shall comply with the building setback requirements
of the underlying zoning district.
B.
All noncommercial greenhouses shall not exceed 500 square feet per
acre of land and shall not exceed 10,000 cumulative square feet in
total gross covered floor area occupied by all of the noncommercial
greenhouses located on the property.
5.
The following provisions shall apply to utility sheds, storage sheds,
gazebos, pavilions, pool houses, and similar structures:
[Amended by Ord. No. 611, 8/25/2021]
A.
Utility sheds or storage sheds located on a lot occupied by a single-family detached dwelling unit may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least seven feet from the property line. All such utility or storage sheds shall not exceed 240 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 240 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.
B.
Unless otherwise specified by this chapter, utility sheds, storage sheds, gazebos, and all other accessory buildings or structures that are located on a lot occupied by a single-family attached dwelling or semidetached dwelling may be erected in the rear yard behind the back building line of the residential dwelling and shall be located at least five feet from the property line. All such accessory buildings or structures shall not exceed 80 square feet in floor area and shall not exceed 12 feet in height. Sheds larger than 80 square feet are subject to the requirements of Subsection 2 and shall be classified as a detached residential garage, barn, carport, and similar building or structure.
C.
No more than one utility shed or storage shed shall be permitted
per lot. If the property exceeds two acres, two structures are permitted.
D.
All utility sheds or storage sheds shall be located, designed, constructed
and installed in accordance with the manufacturer's specifications
and the building codes of Northampton Township.
E.
Gazebos, pool houses, pavilions, and similar structures are permitted
on a lot occupied by a single-family detached dwelling unit provided
it is in accordance with the provisions of § 27-1105.2A(1)
through (3) related to maximum square footage, maximum height, and
minimum setbacks based on lot size. In addition, no structure can
be used as permanent living quarters.
[Amended by Ord. No. 617, 2/28/2024]
(1)
Single-family attached, single-family semi-detached, townhouses,
or other dwellings having a common lot line are required to meet the
requirements of § 27-1105.2E.
6.
Domestic animal shelters or housing units may be permitted, provided
that the structure is located at least seven feet from the side or
rear property line.
7.
Permanent noncommercial recreation facilities, structures and uses
including, but not limited to, tennis courts, hockey rinks, skateboard
facilities, basketball courts, and other similar accessory facilities,
structures or uses, exceeding a cumulative playing surface area of
1,000 square feet shall be located at least 15 feet from the rear
or side property lines. The exterior lighting facilities for all such
noncommercial recreation facilities, structures or uses shall be located
at least 15 feet from all property lines, which shall be directed
downward to the playing surface area and shielded to prevent light
spillage onto adjacent properties.
A.
If the
cumulative playing surface is less than 1,000 square feet, a fifteen-foot
setback is required from all property lines.
[Added by Ord. No. 611, 8/25/2021]
8.
Swimming pools must be constructed in the rear and side yards only.
All portions of the pool, including coping and pool equipment, must
be located a minimum of 10 feet from the property line.
[Ord. 160, 4/6/1977; as added by Ord. 522, 12/12/2007]
1.
Nonresidential lots containing a permitted nonresidential use shall
comply with the following general provisions:
A.
The accessory building, structure or use shall be subordinate and
customarily incidental to the principal building and utilized as an
accessory use on the lot occupied by the principal building.
B.
Unless otherwise specified by this chapter, all accessory buildings,
structures or uses shall comply with all building setback requirements
for the underlying zoning district to which it is located.
C.
The land area occupied by the accessory building or structure shall
account towards the building coverage calculations for the lot and
zoning district to which it is located.
D.
The land area occupied by the accessory building or structure shall
account towards the impervious surface ratio calculations for the
lot and zoning district to which it is located.
E.
Unless otherwise specified by this chapter, the maximum height of
any nonresidential accessory building or structure shall be 30 feet.
F.
No permanent residential accessory building or structure shall be
constructed on any lot prior to the commencement of construction of
the principal building to which it is an accessory component.
2.
Storage facilities are permitted, provided that such facilities are
located in areas which have direct access to a public street or driveway.
The outdoor storage of materials shall be screened from the view of
adjacent properties with a berm, trees, landscaping materials and/or
fence.
3.
Temporary living quarters for proprietors, watchmen, caretakers or
similar-type employees may be permitted by special exception for nonresidential
uses located within the C-2, C-3, PO and I-1 Zoning Districts.
4.
Restaurants, cafeterias and/or recreational facilities are permitted,
provided they are intended for the use of employees only, unless they
are permitted as principal uses in the district in which they are
constructed.
5.
Primary or alternative energy systems shall be permitted as external
accessory structures, provided they are located in a manner to comply
with the building setback lines for the underlying zoning district
to which they are located.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 216, 8/8/1984; by Ord. 236, 3/26/1986; by Ord.
375, 12/15/1993; by Ord. 558, 4/27/2011, § 4;
and by Ord. 591, 5/24/2017]
1.
Authorized fences shall be erected only in the side yards, rear yards
or other portion of a lot behind the front building setback line.
[Amended by Ord. No. 611, 8/25/2021]
A.
In all residential districts, dwellings that are located on a corner
lot are permitted to place privacy fences in the secondary front yard
a distance of 1/2 the required front yard setback.
B.
To the extent possible as determined by the Zoning Director, existing
plantings and vegetation shall be preserved.
2.
In all districts, fences up to six feet in height from grade level
may be erected as noted above. In addition, the following requirements
shall apply:
A.
Fence enclosures for swimming pools are required to meet the requirements
of the Pennsylvania Uniform Construction Code, as amended.
B.
(Reserved)
C.
Conventional fences required for farm use, agricultural use and related
facilities on properties in excess of five acres shall be exempt from
the fence regulation of this chapter, except for the height regulation.
D.
Required fences for tennis, baseball or softball backstops and similar
fences for similar recreational facilities shall be exempt from the
regulations of this chapter, provided that such recreational fences
are not located closer than 50 feet to any abutting residential property
in all residential zoning districts.
[Ord. 160, 4/6/1977; as amended by Ord. 189, 11/19/1980; by Ord. 210, 5/9/1984; by Ord. 272, 5/11/1988; and by Ord.
307, 6/13/1990]
Home occupations, as defined in this chapter, are permitted as special exceptions (see Part 14) in the AR, EP, CR, R-1, R-2 and R-3 Zoning Districts, provided that such use may be permitted only within a single-family detached dwelling which is located on a lot containing not less than 20,000 square feet in area, with the exception that the lot for an office for a physician or dentist shall contain not less than 30,000 square feet.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; and by Ord. 470, 12/13/2000]
1.
Off-street loading and unloading space(s) with proper and safe access
from street or alley shall be provided on each lot where it is required
that such facilities are necessary to adequately serve the uses within
the district. All such loading and unloading spaces shall be located
to the side or the rear of the building. Each loading and unloading
space:
A.
Shall be at least 12 feet wide, 55 feet long and shall have at least
a fifteen-foot vertical clearance.
B.
Shall have an additional sixty-foot maneuvering area.
C.
Shall have an all-weather surface to provide safe and convenient
access during all seasons.
D.
Shall not be constructed in any required yard or required parking
area.
2.
Required off-street parking space, including aisles, shall not be
used for loading and unloading purposes except during hours when business
operations are suspended.
3.
Loading and unloading facilities shall be designed so that trucks
need not back into or out of, or park in, any public right-of-way.
4.
All commercial and industrial buildings shall have adequate loading
and unloading facilities in accordance with the following standards:
A.
Any combination of uses on a lot having an aggregate floor area of
8,000 square feet or more shall require one off-street loading space.
B.
In addition to the above, one additional off-street loading space
shall be provided for each 25,000 square feet of floor area up to
a maximum of three total off-street loading spaces; provided, however,
that a planned shopping center may require additional loading spaces
due to design and building location requirements.
C.
Warehouse uses shall be designed for an appropriate number of off-street
loading spaces to meet the needs of the specific use.
5.
Based
upon a recommendation from the Township Engineer and/or traffic engineer,
the Township can approve an alternative configuration based on the
specific requirements of a particular use.
[Added by Ord. No. 611, 8/25/2021]
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 218, 11/24/1984; by Ord.
264, 2/10/1988; by Ord. 413, 10/9/1996; by Ord. 470, 12/13/2000; by Ord. 471, 2/28/2001; by Ord. 558, 4/27/2011, § 5; by Ord. 564, 8/22/2012, § 16; and by Ord. 586, 11/16/2016]
1.
Off-street parking spaces shall be required for all uses related
to residential, commercial, industrial and public purposes. Where
such spaces are so noted in the requirements for each district, such
requirements shall be provided. If a use is proposed and approved
for which parking requirements are not specified, the requirements
herein shall be utilized. If a use is approved for which no parking
requirement is specified, the Township Board of Supervisors, upon
recommendation by the Planning Commission, shall prescribe such standards.
2.
General Parking Regulations. The following parking regulations under
this subsection apply in all zoning districts unless otherwise provided
herein:
A.
Off-Street Parking.
(1)
Off-street parking as set forth below is required for any building
or other structure erected, altered or used and any lot used or occupied
for any of the following purposes:
|
Use
|
Number of Parking Spaces
|
|---|---|
|
Athletic field
|
20 per diamond or athletic field, or 1 per 4 seats, whichever
is greater (1 seat is equal to 2 feet of bench length)
|
|
Auto sales
|
1 per 350 square feet of gross floor area
|
|
Auto service
|
3 per bay
|
|
Banks or similar financial institution
|
1 per 250 square feet of gross floor area
|
|
Bar or tavern
|
1 per 50 square feet of gross floor area
|
|
Barbershop or beauty parlor
|
3 per beauty or barber chair
|
|
Bed-and-breakfast
|
1 per guest room and 1 per dwelling unit and 1 per nonresident
employee
|
|
Beverage or liquor store
|
1 per 150 square feet of gross floor area
|
|
Boardinghouse
|
1 per each lodging unit
|
|
Car wash, full serve
|
1 per 1,000 square feet of gross floor area
|
|
Convenience store
|
1 per 150 square feet of gross floor area
|
|
Day-care center
|
1 per 4 persons of maximum licensed capacity
|
|
Dry cleaning
|
1 per 300 square feet of gross floor area
|
|
Fraternity or sorority
|
1 per lodging resident member
|
|
Funeral home or mortuary
|
1 per 4 persons of maximum licensed capacity
|
|
Furniture store
|
1 per 500 square feet of gross floor area
|
|
Gas station, self-serve
|
1.5 per fuel dispensing unit
|
|
Golf course
|
100 per 9 holes plus any spaces required for each accessory
use such as restaurant, bar, etc.
|
|
Golf course, miniature
|
3 per hole
|
|
Golf driving range
|
1.5 per tee
|
|
Health club
|
1 per 100 square feet of gross floor area
|
|
Home occupation
|
1 per 200 square feet of gross floor area and 2 per dwelling
unit
|
|
Hospital
|
2 per bed
|
|
Hotel, motel or tourist home
|
1 per rental unit and 1 per 100 square feet of ancillary floor
area
|
|
Indoor recreational facility
| |
|
Bowling alley
|
3 per lane, plus any spaces required for each accessory use
such as restaurant, bar, etc.
|
|
Pool/billiards
|
2 per table, plus any spaces required for each accessory use
such as restaurant, bar, etc.
|
|
Rifle range
|
1 per 3 persons, plus any spaces required for each accessory
use such as restaurant, bar, etc.
|
|
Skating rink
|
1 per 150 square feet of skating area, plus any spaces required
for each accessory use such as restaurant, bar, etc.
|
|
Swimming club
|
1 per 4 persons of total capacity, plus any spaces required
for each accessory use such as restaurant, bar, etc.
|
|
Tennis and racquet courts
|
5 per court, plus any spaces required for each accessory use
such as restaurant, bar, etc.
|
|
Industrial
|
1 per 400 square feet of gross floor area
|
|
Laundromat
|
1 per 3 washing or drying machines
|
|
Library, museum or community center
|
1 per 300 square feet of gross floor area
|
|
Lumberyard
|
4.5 per 1,000 square feet of gross floor area
|
|
Manufacturing
|
1 per 300 square feet of gross floor area
|
|
Medical marijuana dispensary
|
1 per 200 square feet of gross floor area
|
|
Medical marijuana grower/processor
|
1 per 500 square feet of gross floor area
|
|
Monastery or convent
|
1 per 2 residents
|
|
Movie theater
|
1 per 4 seats or 1 per 100 square feet of gross floor area,
whichever is greater
|
|
Municipal building
|
1 per 200 square feet of gross floor area used by the public
and 1 per 600 square feet of gross floor area not used by the public
|
|
Night club
|
1 per 2 occupants of maximum licensed capacity
|
|
Nonspecified or outdoor retail
|
1 per 200 square feet of gross floor area
|
|
Nursing home, convalescent home, sanitarium or like institutional
home
|
3 per 5 patient beds, plus 1 space for each 2 employees on the
largest shift
|
|
Nursery or greenhouse
| |
|
Retail store sales
|
1 per 100 square feet of retail area for the first 5,000 square
feet and 1 per 200 square feet of retail sales above 5,000 square
feet
|
|
Greenhouse sales area
|
1 per 1,000 square feet and 1 per 500 square feet above 1,000
square feet
|
|
Outdoor sales area
|
1 per 5,000 square feet
|
|
Office
| |
|
General floor feet
|
1 per 150 square feet of gross area for the first 50,000 square
and 1 per 250 square feet of gross floor area above 50,000 square
feet
|
|
Medical/Dental
|
1 per 150 square feet of gross floor area
|
|
Park
|
2 per acre
|
|
Personal services and repairing of household items or appliances
|
1 per 200 square feet of gross floor area
|
|
Place of worship per
|
1 per 3 seats in sanctuary and 1 150 square feet of meeting
room and educational floor area
|
|
Plumbing and heating
|
1 per 300 square feet of gross floor area
|
|
Post office
|
4 per 1,000 square feet of gross floor area
|
|
Printing and publishing
|
1 per 300 square feet of gross floor area
|
|
Private social club or country club clubhouse
|
1 per 2 occupants of maximum licensed capacity
|
|
Rental of equipment
|
1 per 200 square feet of gross floor area
|
|
Research and development or laboratory
|
1 per 300 square feet of gross floor area for the first 50,000
square feet and 1 per 400 square feet of gross floor area above 50,000
square feet
|
|
Residential
|
2 per dwelling unit
|
|
Elderly housing
|
1.5 per dwelling unit
|
|
Restaurant
| |
|
Carry-out
|
1 per 50 square feet of accessible floor area
|
|
Fast-food
|
3 per 100 square feet of gross floor area
|
|
Sit-down
|
1 per 50 square feet of gross floor area
|
|
Retail agricultural
|
1 per 100 square feet of gross floor area, but not less than
5 spaces
|
|
Retail store or shop
|
1 per 100 square feet of gross floor area
|
|
School
| |
|
Day nursery and kindergarten
|
1 per faculty member and employee plus 2 per classroom
|
|
Elementary or junior high school
|
1 per faculty member and employee plus 1 per 2 classrooms
|
|
Senior high school
|
1 per faculty member and employee plus 1 per 10 students of
projected building capacity
|
|
College and junior college
|
1 per faculty member and employee plus 1 per 10 classroom seats
or 10 auditorium seats, whichever requires the greater number of off-street
parking spaces
|
|
Commercial or trade school
|
1 per faculty member and employee plus 1 per 3 students of projected
building capacity
|
|
Self-storage facility
|
1 per 40 storage cubicles, plus 1 per employee to be located
at the business office
|
|
Shopping center
| |
|
Less than 10,000 square feet of gross floor area
|
6.0 per 1,000 square feet of gross floor area
|
|
10,001 to 100,000 square feet of gross floor area
|
5.5 per 1,000 square feet of gross floor area
|
|
More than 100,000 square feet of gross floor area
|
5.0 per 1,000 square feet of gross floor area
|
|
Stadium, theater, auditorium, assembly or meeting room or similar
place of public or private assembly
|
1 for every 3 seats of maximum licensed capacity
|
|
Studio
|
1 per 300 square feet of gross floor area
|
|
Supermarket
|
1 per 250 square feet of gross floor area
|
|
Truck terminal
|
1 per 1,000 square feet of gross floor area or 1 per employee,
whichever is greater
|
|
Veterinarian
|
1 per 500 square feet of gross floor area
|
|
Warehouse
|
1 per 500 square feet of gross floor area or 1 per 1.5 employees,
whichever is greater
|
(2)
Uses not specifically provided for above shall have one parking
space for each 250 square feet of floor space devoted to the use or
one space per employee on the largest shift, whichever is greater.
(3)
Mixed or Multiple Uses. In the case of mixed or multiple uses within a single building or structure, or on a single lot, the amount of off-street parking required shall be determined by the sum of the requirements of the various uses computed separately in accordance with Subsection 2A(1) herein.
3.
Reduction of Nonresidential Parking Requirements. The Board of Supervisors,
upon the receipt of an off-street parking study prepared by a qualified
traffic engineer or transportation planner and the review and recommendations
of the Planning Commission and Township Engineer, may grant a conditional
reduction of up to 25% of the total number of required off-street
parking spaces if the following conditions are satisfied:
A.
The off-street parking study demonstrates that:
(1)
The minimum number of off-street parking spaces required for
the proposed land use is in excess of actual parking needs.
(2)
The operating schedules of two or more proposed nonresidential
uses are such that a parking lot may be shared by such uses; and that
the minimum number of off-street parking spaces required for each
such use is in excess of actual parking needs.
B.
The off-street parking lot, as indicated on the plan accompanying
the application, shall designate an area or areas sufficient to accommodate
the total number of required off-street parking spaces. The plan shall
illustrate the layout for the total number of off-street parking spaces
and the layout with the proposed reserved off-street parking spaces.
C.
All off-street parking spaces (permanent and reserved) shall be in
compliance with the other requirements of this chapter including,
but not limited to, impervious surface ratio, buffer yards and setbacks.
Areas which would otherwise be unsuitable for off-street parking spaces
due to the physical characteristics of the land shall not be utilized
for off-street parking spaces.
D.
The parking area or areas proposed to be reserved shall be located
and have characteristics so as to provide amenable open space and
appropriate landscaping should it be determined that additional off-street
parking spaces are not required.
E.
If required by the Board of Supervisors, the applicant or owner shall
post a performance bond or other securities to cover the expense of
a parking study to be undertaken by a registered transportation engineer
of the Board's choosing who shall determine the advisability of providing
additional off-street parking spaces up to the full off-street parking
requirement.
F.
Subsequent to the issuance of all occupancy permits, and upon the
recommendation of the Zoning Officer or Township Engineer, the Board
of Supervisors may request the preparation of a new parking study
to determine whether additional off-street parking spaces shall be
provided by the applicant or owner. Upon the receipt of recommendations
from the transportation engineer, the Township Engineer and the Planning
Commission, the Board of Supervisors shall determine whether any additional
off-street parking spaces should be provided or if any areas should
remain as open space.
G.
Land which has been determined and designated by the Board of Supervisors
to remain as open space rather than as required off-street parking
shall not be used to provide off-street parking spaces for any addition
or expansion, but shall remain as open space.
4.
Design Standards. In the event that a project does not require subdivision or land development approval, the standards of the Subdivision and Land Development Ordinance [Chapter 22] shall apply.
5.
Townhouse Development. An additional off-street parking area may
be permitted on a lot on which a townhouse dwelling unit/structure
is located as the principal building and shall be excluded from the
calculations required under the various maximum-impervious-surface-ratio
provisions for the applicable residential zoning classifications,
provided that:
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 465, 10/11/2000; and by Ord. 561, 4/25/2012]
1.
No land, building, structure or premises in any district shall be
used, altered or occupied in a manner as to create any dangerous,
injurious, noxious or otherwise objectionable fire, explosive, radioactive
or other hazard; noise or vibration; smoke, dust, odor or other form
of air pollution; electrical or other disturbance; glare; liquid or
solid refuse or wastes; conditions conducive to the breeding of rodents
or insects, or other substance, condition or element in any manner
or amount as to adversely affect the surrounding area. The following
shall be applicable to such districts:
[Amended by Ord. No. 611, 8/25/2021]
A.
Fire and Explosive Hazards. All activities and all storage of flammable
and explosive material at any point shall be provided with adequate
safety devices against the hazards of fire and explosion and adequate
firefighting and fire-suppression equipment and devices as detailed
and specified by the Department of Labor and Industry and the laws
of the Commonwealth of Pennsylvania. All buildings and structures
and activities within such buildings and structures shall conform
to the Building Code, the Fire Prevention Code and other applicable
ordinances adopted by the Township. Any explosive material shall conform
to the requirements of 25 Pa. Code, Chapter 211, Rules and Regulations,
Pennsylvania Department of Environmental Protection, for storage,
handling and use of explosives.
B.
Radioactivity or Electrical Disturbances. There shall be no activities
which emit dangerous radioactivity at any point. There shall be no
radio or electrical disturbance adversely affecting the operation
of equipment belonging to someone other than the creator of the disturbance.
If any use is proposed which incorporates the use of radioactive material,
equipment or supplies, such use shall be in strict conformity with
25 Pa. Code, Chapters 221, 223, 225, and 227, Pennsylvania Department
of Environmental Protection, rules and regulations.
C.
Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in 25 Pa. Code, Chapter 123, "Standards for Contaminants," and Chapter 131, "Ambient Air Quality Standards," Pennsylvania Department of Environmental Protection, Rules and Regulations.
D.
Liquid and Solid Wastes. There shall be no discharge at any point
into any public or private sewerage system or watercourse or into
the ground of any materials in such a way or of such a nature as will
contaminate or otherwise cause the emission of hazardous materials
in violation of the laws of the Commonwealth of Pennsylvania, and
specifically Chapters 73, and 95, Title 25, Pennsylvania Department
of Environmental Protection, rules and regulations.
F.
Odor. No use shall emit odorous gases or other odorous matter in
such quantities as to be offensive at any point on or beyond its lot
lines. The guide for determining such quantities of offensive odors
shall be the 50% response level of Table I (Odor Thresholds in Air),
Research on Chemical Odors: Part I — Odor Thresholds for 53
Commercial Chemicals, October 1968, Manufacturing Chemists Association,
Inc., Washington, D.C.
G.
Noise.
(1)
The sound level of any operation (other than the operation of
motor vehicles or other transportation facilities, operations involved
in the construction or demolition of structures, emergency alarm signals
or time signals) shall not exceed the decibel levels in the designated
octave bands as stated below. The sound-pressure level shall be measured
from a sound-level meter and an octave band analyzer that conform
to specifications published by the American Standards Association.
(American National Standard Specification for Sound Level Meters,
S1.4-1971, American National Standards Institute, Inc., New York,
New York, and the American Standard Specification for an Octave, Half
Octave and Third Octave Band Filter Sets, S1.11-1966, or 1971, American
Standards Association, Inc., New York, New York, shall be used.)
(2)
Sound-pressure levels shall be measured at the property line
upon which the emission occurs. The maximum permissible sound-pressure
levels for smooth and continuous noise shall be as follows:
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
|
|---|---|
|
0 to 150
|
67
|
|
150 to 300
|
59
|
|
300 to 600
|
52
|
|
600 to 1,200
|
46
|
|
1,200 to 2,400
|
40
|
|
2,400 to 4,800
|
34
|
|
Above 4,800
|
32
|
(3)
If the noise is not smooth and continuous or is radiated during
sleeping hours, one or more of the corrections below shall be added
to or subtracted from each of the decibel levels given above:
|
Type of Operation or Character of Noise
|
Correction in Decibels
|
|---|---|
|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
|
3
|
|
Noise occurs less than 5% of any 1-hour period
|
+5
|
|
Noise is of periodic character (hum, screams, etc.) or is of
impulsive character (hammering, etc.) (In the case of impulsive noise,
the correction shall apply only to the average pressure during an
impulse, and impulse peaks shall not exceed the basic standards given
above)
|
-5
|
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 272, 5/11/1988; by Ord.
307, 6/13/1990; by Ord. 340, 11/13/1991; and by Ord. 405, 1/24/1996]
1.
General Regulations.
A.
Type I commercial vehicles, recreational vehicles or boats may be
parked or stored outside in the CR, EP, AR, R-1 or R-2 Districts,
subject to the following provisions:
(1)
Such parking or storage shall be limited to commercial vehicles,
recreational vehicles, trailers or boats owned or operated by an occupant
of the lot.
(2)
Parking or storage shall be permitted within any building designed
for such occupancy, unless such occupancy is prohibited by any other
regulation or ordinance.
(3)
Outdoor parking or storage shall be permitted only within a
side yard or rear yard and only if the commercial vehicle, recreational
vehicle or boat is located at least 10 feet from any side yard or
rear yard lot line in the EP, CR, AR or R-1 Districts, or seven feet
from any side yard or rear yard lot line in the R-2 District.
[Amended Ord. No. 611, 8/25/2021]
(4)
Parking of a commercial vehicle, recreational vehicle, trailer
or boat shall be permitted anywhere on a lot for the purposes of loading
or unloading or the preparation of such vehicle for immediate use.
(5)
The wheels of a commercial vehicle, recreational vehicle or
trailer shall be blocked or otherwise rendered immobile so as to prevent
accidental movement during storage.[1]
[1]
Editor's Note: Former Subsection 1B, regarding Type II commercial
vehicles, which immediately followed, was repealed Ord. No. 611, 8/25/2021.
2.
Prohibitions.
A.
No commercial vehicle, recreation vehicle or boat shall be permitted to be parked or stored in any residential district other than those districts referenced in Subsection 1 above.
B.
No more than one commercial vehicle or recreational vehicle shall
be parked or stored outdoors on any lot. No more than one boat shall
be parked or stored outdoors on any lot. In the case of utility trailers,
no more than one such trailer shall be parked or stored on any lot.
C.
No commercial vehicle, recreational vehicle or boat, while parked
or stored on a lot, shall:
(1)
Be used for purposes of habitation.
(2)
Be used for the storage of goods, materials or equipment other
than those items considered to be part of the commercial vehicle,
recreational vehicle or boat, or essential for its immediate use.
(3)
Be connected to sewer lines, water lines or any power source,
except for a temporary connection to a power source for recharging
batteries or other use preparation purposes.
(4)
Be extended into the right-of-way.
(5)
Be within 13 feet of the cartway of the street.
3.
Exceptions. The foregoing regulations of this section shall not apply
to farm vehicles used for agricultural purposes on the lot where the
agricultural use is occurring.
[1]
Editor's Note: Former § 27-1113, Removal of Topsoil,
was repealed Ord. No. 611, 8/25/2021.
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984]
A minimum clear sight triangle of 75 feet, as measured from
the center-line intersections of two streets, shall be provided at
all intersections. No physical obstruction, planting, berm or grade
shall obscure vision above a height of two feet in such triangle.
Each leg of such triangle shall be increased by one foot for each
foot of right-of-way greater than 50 feet for either intersecting
street.
1.
The Township
can require any deemed hazard at an intersection that impacts line-of-sight
to be removed to ensure clear visibility to pedestrians and motorists.
[Added by Ord. No. 611, 8/25/2021]
[Ord. 160, 4/6/1977; as amended by Ord. 210, 5/9/1984; by Ord. 558, 4/27/2011, § 6; and by Ord. No. 611, 8/25/2021]
The exterior storage of automotive vehicles, trucks, and motorcycles
is prohibited in all residential districts; provided, however, that
not more than one temporarily immobilized vehicle may be stored on
any residential property at any time, not to exceed one month from
the time of receipt of notification by the Zoning Officer. Temporarily
immobilized shall constitute vehicles that are not currently registered
and/or inspected.
[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984; as mended by Ord. 272, 5/11/1988; by Ord.
307, 6/13/1990; by Ord. 343, 12/11/1991; by Ord. 346, 2/26/1992;
by Ord. 349, 5/13/1992; by Ord. 411, 9/25/1996; and by Ord. 487, 12/11/2002]
1.
The maximum building, structure and tower heights permissible for
the specified zoning districts are as follows:
A.
Buildings and Structures.
|
Zoning District
|
Maximum Building Height
(feet)
|
Maximum Structure Height
(feet)
|
|---|---|---|
|
AR
|
35
|
70
|
|
EP
|
35
|
70
|
|
CR
|
35
|
70
|
|
R-1
|
35
|
50
|
|
R-2
|
35
|
50
|
|
R-3
|
40
|
50
|
|
R-5
|
35
|
50
|
|
C-2
|
45
|
60
|
|
C-3
|
45
|
60
|
|
PO
|
35
|
60
|
|
I-1
|
45
|
70
|
|
IP
|
45
|
70
|
|
REC
|
40
|
40
|
B.
Towers.
|
Zoning District
|
Maximum Telecommunications Tower Height
(feet)
|
|---|---|
|
I-1
|
150
|
|
IP
|
150
|
|
REC
|
150
|
2.
For each foot of structure height above the specified maximum building
height, front, side and rear yards must equal or exceed the normal
required yards to the extent that the structure, if collapsed, would
not fall upon or touch an adjacent property line.
3.
Guy wire ground anchors required to support any such structure or
tower must not be located in any required side, rear or front yard.
[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984]
Outdoor lighting emanating from a residential source shall be
installed in such a way as to be shielded and not reflect toward adjacent
properties.
[Ord. 160, 4/6/1977; as added by Ord. 210, 5/9/1984; and as amended by Ord.
265, 2/24/1988; and by Ord. No. 611, 8/25/2021]
Keeping of livestock for either personal or commercial uses
shall be restricted to a farm unit or open space in the AR, CR, and
EP Districts. (Note that a "farm unit" is defined as five acres.)
1.
The keeping of chickens is permitted in every zoning district subject
to the following requirements:
[Added by Ord. No. 617, 2/28/2024]
A.
No more than six chickens shall be kept on any property at any time.
(1)
If the property exceeds five acres, this limitation does not
apply.
B.
The keeping of roosters is prohibited.
C.
Any commercial use, such as the selling of eggs, is prohibited unless
otherwise permitted by the zoning district.
D.
Adequate food, shelter, water, and care shall be provided to all
chickens at all time.
E.
All chickens, chicken coops, and chicken runs must be maintained,
housed, and kept in a clean and sanitary condition and in a manner
that does not cause a public or private nuisance.
F.
Chickens must be confined at all times to a chicken coop or chicken
run in accordance with the following and may not roam free off of
the property:
(1)
Only one chicken coop and one chicken run shall be permitted
on the property. The maximum permitted height is eight feet and it
shall not exceed 50 square feet in size. Chicken coops and chicken
runs must also be set back 10 feet from all property lines. If the
property exceeds five acres, this limitation does not apply.
(2)
Chicken coops and chicken runs shall be located in the rear
yard only.
[Ord. 160, 4/6/1977; as added by Ord. 237, 8/13/1986; as amended by Ord.
272, 5/11/1988; by Ord. 307, 6/13/1990; by Ord. 415, 1/22/1997;
by Ord. 527, 3/22/2008; by Ord. 558, 4/27/2011, § 7; and by Ord. 596, 3/28/2018, §§ 1 —
3]
1.
Flag lots, as defined herein, may be permitted within the Agricultural-Residential
(AR), Environmental Protection (EP), Country Residential (CR) and
Single-Family Residential (R-1 and R-2) Zoning Districts, subject
to the conditions specified by this chapter.
2.
In all cases, the applicant must demonstrate that the following site
conditions exist:
A.
No more than two flag lots shall be permitted as a result of the
overall subdivision.
B.
The proposed design should be in the best interest of the community,
considering health, safety and/or general welfare issues.
C.
The tract of land represents the total contiguous land area owned
by the applicant.
D.
The tract of land cannot be properly subdivided due to the presence
of certain physical or environmental development constraints associated
with the site.
E.
The configuration of the proposed lots will not limit the potential
for development on adjacent tracts of land in the future.
F.
Single-family detached dwellings are the only type of dwelling unit
which can be located on a flag lot.
3.
Sketch plan submissions are encouraged for review by the Township
staff, consultants, and Township Planning Commission to review in
accordance with all pertinent design requirements specified by the
Northampton Township Code.
4.
The subdivision shall be designed in accordance with the following
requirements:
A.
The access strip or stem of the flag lot shall be owned fee simple
and extended from an existing public street to the interior front
lot line.
B.
The width of the access strip or stem shall be a minimum of 30 feet.
Additional width may be required by Northampton Township in order
to overcome problems associated with slope, drainage and/or sedimentation.
C.
The maximum length of the access strip or stem shall not exceed 300
linear feet, as measured from the street right-of-way to the interior
front lot line.
D.
The minimum net lot area requirement for each flag lot shall be calculated
utilizing a multiplier of 1.25 that shall be applied to the standard
lot area requirement for the zoning district in which the flag lot
is located. The area of the access strip or stem shall not be calculated
as part of the required lot area for the flag lot.
E.
The maximum building coverage requirement and the maximum impervious
surface ratio requirement shall be calculated utilizing the lot area
excluding the area of the access strip or stem. The impervious surface
area of the access strip or stem, however, shall count when calculating
impervious surface for the lot.
F.
The building setback line for the flag lot shall meet the minimum
required setback dimensions for the zoning district in which the flag
lot is located. The setback lines shall be established at the flag
portion of the lot. The front yard depth or building setback shall
be measured from the access strip or stem (extended through the lot)
and from the rear property line of any adjacent property. All other
setback requirements shall comply with the rear yard setback provisions.
G.
The driveway serving one flag lot shall be at least 12 feet in width.
All such driveways shall be paved for the entire length.
H.
Where permitted, a common driveway serving two flag lots shall comply
with the following design requirements:
(1)
The common driveway shall be at least 16 feet in width, which
shall be equally divided along the lot line separating the flag lots.
Where the common driveway divides to serve the individual flag lots,
the width of the driveway may be reduced to 12 feet.
(2)
All such driveways shall be paved for the entire length.
(3)
An ownership and maintenance agreement shall be prepared and
recorded as a condition of municipal approval for the subdivision
plan. The agreement shall be referenced on the proposed deeds for
each residential lot. The contents of the ownership and maintenance
agreement shall be subject to the approval of Northampton Township.
(4)
A release of responsibility holding Northampton Township harmless
for the provision of all municipal services shall be included on the
subdivision plan and referenced on the proposed deeds for each residential
lot. The notes on the plan and the references contained within the
deed shall be subject to the review and approval of Northampton Township.
I.
No more than two access strips serving such lots may be located adjacent
to each other, and any additional access strip to another such lot
shall be separated by a full lot width, as required by the district
in which the land is located.
J.
All other pertinent design standards and specifications for driveways
shall be applied to the design of a driveway serving a flag lot or
common driveway serving flag lots, as determined appropriate by Northampton
Township.
5.
Unless the site conditions change as a result of improved roads and/or
the reestablishment of lot frontages, flag lots may not be further
subdivided or developed for any other purpose.
[Ord. 160, 4/6/1977; as added by Ord. 272, 5/11/1988; as amended by Ord.
307, 6/13/1990; and by Ord. 438, 7/8/1998]
1.
No development shall occur in any of the following areas:
B.
Within any area of the Floodplain and Flood Hazard District or within
50 feet of the center line of any stream, creek, river or other watercourse,
whichever is greater, except as permitted in Part 7.
C.
Within any wetlands.
D.
Within 100 feet of any wetlands, vegetation (or to the limit of wet
or hydric soils, whichever is shorter), lake shoreline or pond shoreline,
provided that no more than 20% of such areas may be developed and/or
regraded or stripped of vegetation.
E.
Within any forest area, provided that no more than 20% of such areas
may be developed and/or regraded or stripped of vegetation.
[Ord. 160, 4/6/1977; as added by Ord. 289, 5/10/1989; and as amended by Ord.
409, 8/14/1996]
1.
The minimum area and development regulations for municipal uses shall
be as follows:
A.
Water and sewer systems, including wells, pump houses, standpipes
and ancillary structures.
B.
Township buildings, recreation buildings, sewer treatment plants,
emergency services facilities or other municipal uses not specified
herein shall comply with the following minimum area and development
regulations:
C.
There shall be no minimum area and development regulations for detention
basins or retention basins.
[Ord. 160, 4/6/1977; as added by Ord. 411, 9/26/1996; and as amended by Ord.
487, 12/11/2002; and by Ord. 565, 2/27/2013,
§§ IV — XI]
1.
General Requirements for All Tower-Based Wireless Communications
Facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
A.
Standard of Care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
B.
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
C.
Height. Any tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 150 feet, which
height shall include all subsequent additions or alterations. All
tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure.
D.
Public Safety Communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
E.
Maintenance. The following maintenance requirements shall apply:
(1)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
F.
Radio Frequency Emissions. No tower-based WCF may, by itself or in
conjunction with other WCFs, generate radio frequency emissions in
excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
G.
Historic Buildings or Districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or has been designated by the Township as being of historic significance.
H.
Identification. All tower-based WCFs shall post a notice in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency, subject to approval by the
Township.
I.
Lighting. Tower-based WCF shall not be artificially lighted, except
as required by law and as may be approved by the Township. If lighting
is required, the applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under State and Federal regulations.
J.
Appearance. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
K.
Noise. Tower-based WCFs shall be operated and maintained so as not
to produce noise in excess of applicable noise standards under State
law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
L.
Aviation Safety. Tower-based WCFs shall comply with all Federal and
State laws and regulations concerning aviation safety.
M.
Retention of Experts. The Township may hire any consultant(s) and/or
expert(s) necessary to assist the Township in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
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 applicant in writing of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF and the Township
shall advise the applicant in writing of its decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the 150-day review period.
O.
Nonconforming Uses. Nonconforming tower-based WCFs which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their former location, but must otherwise comply with
the terms and conditions of this chapter.
P.
Removal. In the event that use of a tower-based WCF is planned to
be discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
(3)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
Q.
Permit Fees. The Township may assess appropriate and reasonable permit
fees directly related to the Township's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs.
2.
Tower-Based Facilities Outside the Rights-of-Way. The following regulations
shall apply to tower-based wireless communications facilities located
outside the rights-of-way:
A.
Development Regulations.
(2)
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Township's decision on
an application for approval of tower-based WCF's.
(3)
Sole Use on a Lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(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 industrial, commercial, institutional or municipal use,
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 communications
facility.
(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.
(c)
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use or a residential district boundary.
B.
Notice. Upon receipt of an application for a tower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
C.
Co-Location. An application for a new tower-based WCF shall not be
approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
D.
Design Regulations.
(1)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennae for future users.
E.
Surrounding Environs.
(1)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(2)
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/ETA 222-B, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
F.
Fence/Screen.
(1)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(2)
An evergreen screen that consists of a hedge, or a row of evergreen
trees shall be located along the perimeter of the security fence.
(3)
The WCF applicant shall submit a landscape plan for review and
approval by the Township Planning Commission for all proposed screening.
G.
Accessory Equipment.
(1)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Township Engineer, then the ground mounted
equipment shall be screened from public view using stealth technologies,
as described above.
(2)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
H.
Additional Antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Township.
I.
Access Road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
J.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the ROW shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond
or other form of security acceptable to the Township Solicitor, in
an amount of $100,000 to assure the faithful performance of the terms
and conditions of this chapter. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The owner shall file the
bond with the Township.
K.
Visual or Land Use Impact. The Township reserves the right to deny
an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
L.
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this chapter and any
other provisions found within the Township Code or State or Federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
3.
Tower-Based Facilities in the Rights-of-Way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
B.
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or non-existence of a gap
in wireless coverage shall be a factor in the Township's decision
on an application for approval of tower-based WCFs in the ROW.
C.
Notice. Upon receipt of an application for a tower-based WCF, the
Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the property or parcel of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
D.
Co-Location. An application for a new tower-based WCF in the ROW
shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
E.
Time, Place and Manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all tower-based WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
F.
Equipment Location. Tower-based WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(2)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Township.
(3)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
G.
Design Regulations.
(1)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(2)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township, and shall not increase the overall
height of the tower-based WCF to more than 150 feet. The Township
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable Antennae for future users.
H.
Visual or Land Use Impact. The Township reserves the right to deny
the construction or placement of any tower-based WCF in the ROW based
upon visual and/or land use impact.
I.
Additional Antennae. As a condition of approval for all tower-based
WCFs in the ROW, 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 WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennae without obtaining the prior written approval of the Township.
J.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of tower-based 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.
(4)
An emergency as determined by the Township.
K.
Compensation for ROW Use. In addition to permit fees as described in Subsection 1O, above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such tower-based WCF.
L.
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the ROW shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $100,000 to assure the faithful performance of the terms and conditions
of this chapter. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file a copy of the bond with
the Township.
4.
General Requirements for All Non-Tower Wireless Communications Facilities.
A.
The following regulations shall apply to all non-tower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
(1)
Permitted in All Zones Subject to Regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Upon receipt of an application for any non-tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(3)
Standard of Care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(4)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(5)
Public Safety Communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(6)
Aviation Safety. Non-tower WCFs shall comply with all Federal
and State laws and regulations concerning aviation safety.
(7)
Radio Frequency Emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(8)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, the 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.
(9)
Timing of Approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(10)
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.
B.
The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in All Zones Subject to Regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Township.
(2)
Upon receipt of an application for any non-tower-based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(3)
Standard of Care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(4)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSFEINTIA-222-E Code, as amended).
(5)
Public Safety Communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(6)
Historic Buildings. Non-tower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or the official historic structures and/or
historic districts lists maintained by the Township, or has been designated
by the Township as being of historic significance.
(7)
Aviation Safety. Non-tower WCFs shall comply with all Federal
and State laws and regulations concerning aviation safety.
(8)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(9)
Radio Frequency Emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(10)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Township, the 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.
(11)
Timing of Approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
(12)
Retention of Experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Township for all costs of the Township's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(13)
Bond. Prior to the issuance of a permit, the owner of each individual
non-tower WCF shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Township Solicitor, in an amount
of $25,000 for each individual non-tower WCF, to assure the faithful
performance of the terms and conditions of this chapter. The bond
shall provide that the Township may recover from the principal and
surety any and all compensatory damages incurred by the Township for
violations of this chapter, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township.
(14)
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, as
well as related inspection, monitoring and related costs.
5.
Non-Tower Wireless Facilities Outside the Rights-of-Way. The following
additional regulations shall apply to non-tower wireless communications
facilities located outside the rights-of-way that substantially change
the wireless support structure to which they are attached:
A.
Development Regulations. Non-tower WCFs shall be co-located on existing
structures, such as existing buildings or tower-based WCFs subject
to the following conditions:
(1)
Such WCF does not exceed a maximum height of 150 feet.
(2)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(3)
A six-foot high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
B.
Design Regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use permit.
(3)
All non-tower WCF applicants must submit documentation to the
Township justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(4)
Antennae, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(5)
Noncommercial Usage Exemption. The design regulations enumerated
in this paragraph shall not apply to direct broadcast satellite dishes
installed for the purpose of receiving video and related communications
services at residential dwellings.
C.
Removal, Replacement, Modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the numbers of antennae.
(2)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
D.
Visual or Land Use Impact. The Township reserves the right to deny
an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
E.
Inspection. The Township reserves the right to inspect any WCF to
ensure compliance with the provisions of this chapter and any other
provisions found within the Township Code or State or Federal law.
The Township and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time upon reasonable notice
to the operator, to ensure such compliance.
6.
Non-Tower Wireless Facilities in the Rights-of-Way. The following
additional regulations shall apply to all non-tower wireless communications
facilities located in the rights-of-way:
A.
Co-Location. Non-tower WCFs in the ROW shall be co-located on existing
poles, such as existing utility poles or light poles.
B.
Design Requirements.
(1)
WCF installations located above the surface grade in the public
ROW including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
(2)
Antennae and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
C.
Compensation for ROW Use. In addition to permit fees as described
above, every non-tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each non-tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for non-tower WCFs
shall be determined by the Township and authorized by resolution of
Township Board and shall be based on the Township's actual ROW management
costs as applied to such non-tower WCF.
D.
Time, Place and Manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
E.
Equipment Location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(2)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Township
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
(3)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Township.
F.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
G.
Visual or Land Use Impact. The Township retains the right to deny
an application for the construction or placement of a non-tower WCF
based upon visual and/or land use impact.
7.
Violations Applicable to All Wireless Facilities.
A.
Penalties. Any person violating any provision of this section shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this section and any other remedy at law or in equity, the Township
may apply to a Federal District Court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this chapter.
B.
Determination of Violation. In the event a determination is made
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefore. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Township
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the Township may take any and all actions authorized by this section
and/or Federal and/or Pennsylvania law and regulations.
[Ord. 160, 4/6/1977; as added by Ord. 438, 7/8/1998]
1.
Forestry may be permitted in certain districts, subject to the following
conditions:
A.
Clear-cutting of all vegetation shall not exceed areas of more than
five acres or more than 20% of the forest, whichever is less, on an
annual basis except where pursuant to a State forestry cutting program.
B.
A reforestation and maintenance program prepared by either a professional
forester or arborist shall be submitted which shall include a program
for reestablishment of the forest or wooded area on a sustained yield
basis.
C.
For commercial uses, a long-range cutting program to ensure that
the forest is retained as an entity during the entire program. Such
a program shall indicate the condition of the forest on a map showing:
D.
For clearing purposes, the proposed future use must be stated, if
any is identified.
E.
All plans shall show how the general habitat and visual block of
the forest is to be maintained so that the forest retains its visual
and habitat qualities at all stages of the long-range cutting plan.
F.
A performance bond or other financial security in an amount and form
approved by the Board of Supervisors shall be posted to ensure reforestation.
G.
A signed agreement shall be recorded with the provision that no cutting
or clearing shall be considered to reduce the area of forest for any
development, proposed or not, pursuant to the provisions of this chapter.
H.
The review and approval of the reforestation and maintenance program,
including a soil sedimentation and erosion control plan, by the Bucks
County Conservation District and the Pennsylvania Department of Environmental
Protection shall be required.
[Ord. 160, 4/6/1977; as added by Ord. 535, 12/17/2008, § 5; as amended by Ord. 591, 5/24/2017]
1.
The Village Overlay District shall be a special overlay to the underlying
zoning districts within Northampton Township. The purpose and objectives
of this special overlay district are outlined as follows:
A.
To improve the aesthetics, architectural appearance, commercial centers,
and streetscape design within defined areas within Northampton Township.
B.
To establish uniform design standards to be referenced as the "Village
Overlay Design Standards," which reflect the overall community vision.
C.
To require uniform streetscape improvements and site enhancement
measures such as street trees, streetlights, curbing, sidewalks, pedestrian
crosswalks, architecture, controlled signage, traffic calming measures
and gateway planning in accordance with the village overlay design
standards.
D.
To improve the modes of transportation by enabling automobile, pedestrian
and bicycle traffic to coexist in a planned and harmonious community.
E.
To retain and expand existing businesses to preserve a sound tax
base and provide employment opportunities.
F.
To encourage adaptive reuse and redevelopment opportunities.
G.
To provide incentive-minded parameters to attract or expand desirable
uses.
H.
To provide an expedited review process in order to achieve the overall
purpose and objective of the Village Overlay District as well as to
provide incentives for land owners and the private development community.
I.
To implement the recommendations for land use planning, economic
development and transportation, which are contained within the Northampton
Township Comprehensive Plan.
2.
The Village Overlay District shall be defined as specific areas delineated
as an overlay zone on the Northampton Township Zoning Map.
3.
All applications for subdivision and/or land development activity must develop under the Village Overlay District requirements and utilize the design criteria specified by the Village Overlay District. Compliance must be met with all ordinance provisions including those that are specified under § 27-1125 as well as § 22-619 and Appendix 22-A of the Subdivision and Land Development Ordinance [Chapter 22].
4.
The land uses and development criteria established under the Village
Overlay District shall be permitted, provided that all of the following
provisions are addressed:
A.
All uses shall be serviced by public sewage disposal facilities and
public water supply facilities.
B.
Unless otherwise permitted or specified by this chapter, only one
principal use shall be permitted per lot, which complies with the
minimum and maximum dimensional requirements established under this
section.
C.
A combination of uses may be permitted, provided that each of the
principal uses are either:
(1)
Located on a separate lot meeting the land use and development
provisions of this chapter.
(2)
Located within a common building containing more than one principal
use, which may be individually owned by a person, partnership, corporation,
or other legal entity, and leased to other tenants to occupy as a
permitted use. The common building shall be located on a separate
lot meeting the provisions of this chapter.
(3)
Located within a common building or separate buildings containing
more than one principal use, which may be owned by more than one person,
partnership, corporation, or other legal entity, as form of condominium
ownership. The building or buildings along with internal vertical
or horizontal division of space, common facilities, utility provisions
and supplemental maintenance agreements shall be subject to the approval
of the Board of Supervisors.
D.
Telecommunication facilities shall not be permitted as a principal
or subordinate use within the Village Overlay District. Collocation
with existing telecommunication facilities shall be permitted by conditional
use.
E.
All permitted uses shall be planned and designed to meet the community
development objectives of the Village Overlay District. All such permitted
uses shall not be considered as a detriment to the health, safety
or general welfare of the community.
5.
The following minimum and maximum dimensional requirements shall
be utilized as guidelines for lots, which are intended and designed
to occupy uses within the Village Overlay District:
A.
The minimum net lot area shall be 15,000 square feet, whether it
is for one individual use on a lot or multiple permitted uses within
a building on a lot.
B.
The minimum lot width shall be 75 feet per lot.
C.
The front yard setback shall be at least 20 feet, as measured from
the legal right-of-way line.
D.
The front yard setback shall be no more than 40 feet, as measured
from the legal right-of-way line.
E.
The side yard setback shall be 10 feet for each side.
F.
The rear yard setback shall be 20 feet.
G.
The maximum height of the buildings shall be 45 feet.
H.
The maximum building coverage shall be 50% of the approved lot.
I.
The maximum lot coverage shall be 70% of the approved lot.
[Ord. 160, 4/6/1977; as added by Ord. 551, 7/28/2010, § 1]
1.
Purpose and Objective.
A.
Northampton Township seeks to provide opportunities for alternative
and emerging energy facilities while regulating the use of potentially
intrusive facilities, equipment and machinery.
B.
The purpose of this section is to establish provisions for the design,
permitting, construction and operation of alternative and emerging
energy facilities within Northampton Township, subject to reasonable
conditions that will protect the public health, safety and/or general
welfare of the community.
2.
Definitions Relative to this section.
A.
Alternative Energy. A source of energy generated from solar, water,
wind, geothermal or similar sources, which is capable of providing
energy and utility provisions to a permitted use.
B.
Alternative Energy Facility. A private facility capable of converting
solar, water and/or wind into a viable energy source and utility provisions
for a permitted use. Such facilities may include solar panels, wind
turbines, geothermal systems and/or other similar alternative energy
facilities.
C.
Applicant. A person or entity filing an application under this section.
D.
Attached Alternative Energy Facility. A facility that is physically
mounted, attached and/or connected (except utility and energy transfer
connections) to a permitted principal building in accordance with
all pertinent zoning, utility and building code requirements.
E.
Emerging Energy. A source of energy generated from a renewable or
green technology source, other than solar, water, wind or geothermal
sources, which is capable of providing energy and utility provisions
to a permitted use.
F.
Emerging Energy Facility. A private facility capable of converting
renewable or green technology energy sources into a viable energy
source and utility provisions for a permitted use.
G.
Facility Owner. The entity or entities having an interest in the
alternative and/or emerging energy facility, including their successors
and assigns.
H.
Freestanding Alternative Energy Facility. A facility that is not
physically mounted, attached and/or connected (except utility and
energy transfer connections) to a permitted principal building. All
such facilities shall be considered a separate or accessory structure
that has the abilities to convert and convey energy to the principal
use in accordance with all pertinent zoning, utility and building
code requirements.
I.
Hub Height. The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade or other
accessory components are attached.
J.
Landowner. Any person(s) or entity owning property within Northampton
Township.
K.
Nonparticipating Landowner. Any landowner except those on whose property
all or a portion of an alternative and/or emerging energy facility
is located pursuant to the provisions of this chapter.
L.
Operator. The entity responsible for the day-to-day operation and
maintenance of the alternative and/or emerging energy facility.
M.
Occupied Building. A building located on a parcel of land utilized
as a permitted use in accordance with the provisions of Northampton
Township.
N.
Private Energy and Utility Provider. A principal use owned, operated
and/or maintained by a private or independent utility company for
the purposes of providing energy within a defined service area or
grid system in accordance with the provisions established by the Public
Utility Commission and the Public Utility Code.
O.
Turbine Height. The distance measured from the surface of the tower
foundation to the lowest and/or highest point of the turbine rotor
plane.
P.
Wind Turbine. A wind energy conversion system that converts wind
energy into electricity through the use of a generator, which may
include a nacelle, rotor, tower, transformer pad, blades, spirals,
helixes and/or and the supporting energy apparatus.
Q.
Wind Energy Facility. An electric generating facility, whose main
purpose is to convert and supply electricity to a permitted use. Such
facilities may include wind turbines, blades, spirals, helixes and/or
other accessory wind generating structures, which may also include
buildings, substations, meteorological towers, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
R.
Wood-Fired Boiler. An alternative energy facility designed to burn
wood or other organic fuels, which transfers heated air or liquid
through a piping or ventilation system to a principal use. All such
systems are generally contained within an accessory structure that
is not intended for habitation by humans or animals. An out-door wood-fired
boiler may also be known as outdoor wood-fired furnaces, outdoor wood-burning
appliances, outdoor hydraulic heaters and/or hot water stoves. All
such facilities shall be prohibited as an alternative or emerging
energy facility.
3.
Applicability and Permitted Uses.
A.
This section shall apply to all alternative and emerging facilities
that are proposed to be constructed after the effective date of this
section.
B.
Alternative and/or emerging energy facilities constructed prior to
the effective date of this section shall not be required to meet the
requirements specified under this section. Any physical modification
to an existing alternative or emerging energy facility that alters
the size, type and generating capacities of the facilities shall require
a permit and shall comply with the applicable provisions specified
under this section.
C.
Alternative and/or emerging energy facilities may be considered as
an accessory use within all zoning districts, provided that the principal
use is a permitted use or conforming use within the zoning district
on which the alternative and/or emerging energy facility is located.
D.
Alternative and/or emerging energy facilities may be utilized as
the primary energy source by the principal use of the lot on which
it is located. Surplus energy may be exchanged, transferred and/or
sold to a public or private utility company, provided that such surplus
energy is exchanged, transferred and/or sold in accordance with the
provisions established by the Public Utility Commission and Public
Utility Code, 66 Pa.C.S.A. § 101 et seq.
4.
Land Use and Dimensional Requirements.
A.
The following provisions shall specifically apply to wind turbines
or wind energy facilities:
(1)
Wind turbines or wind energy facilities shall be permitted by
special exception provided that such facilities are located on a lot
with a permitted use in accordance with the applicable provisions
of this chapter.
(2)
Wind turbines or wind energy facilities that are designed and
permitted as an attached alternative energy facility shall comply
with the height requirements specified by this chapter.
(3)
Wind turbines or wind energy facilities that are designed and
permitted as a freestanding alternative energy facility shall be setback
more than one and one-tenths times the turbine height. The required
setback distance shall be measured from the center of the wind turbine
base to the nearest point of the occupied building.
(4)
All wind turbines or wind energy facilities shall be located,
designed and installed as per the manufacturer's specifications as
well as all zoning, building code and utility requirements.
(5)
All wind turbines or wind energy facilities shall be set back
from all occupied buildings located on a nonparticipating landowner's
property a distance of not less than five times the turbine height,
as measured from the center of the wind turbine base to the nearest
point of the occupied building(s).
(6)
All wind turbines or wind energy facilities shall be setback
from the nearest property line a distance of not less than the normal
setback requirements for that zoning classification or one and one-tenth
times the turbine height, whichever is greater. The required setback
distance shall be measured from the center of the wind turbine base
to the property line.
(7)
All wind turbines or wind energy facilities shall be setback
from the nearest public road a distance of not less than one and one-tenth
times the turbine height, as measured from the center of the wind
turbine base to the right-of-way line of the nearest public road.
(8)
All wind turbines or wind energy facilities shall be located
behind the front facade of the building occupying the permitted use.
No wind turbine shall be permitted in the front yard of the lot on
which it is located.
(9)
The minimum height of a wind turbine shall be 15 feet, as measured
from the ground surface to the tip of the blade at its lowest turning
movement.
(10)
The maximum height of a wind turbine shall be 50 feet, as measured
from the ground surface to the tip of the blade at its highest turning
movement.
(11)
A nonparticipating landowner shall not intentionally block,
interfere or disrupt the functional operation from an existing wind
resource to an alternative energy facility. If such action or event
should occur, the matter shall be resolved as a civil dispute between
the landowners and Northampton Township shall not be held responsible.
B.
The following provisions shall specifically apply to solar energy
systems:
(1)
Solar energy systems shall be permitted by right provided that
such facilities are located on a lot with a permitted use in accordance
with the applicable provisions of this chapter.
(2)
Solar energy systems designed and permitted as an attached alternative
energy facility provided that all structural components of the solar
energy system do not exceed the permitted building height requirements
of the zoning district on which it is located. The building height
shall be measured from the average ground elevation of the building
to the average height of the solar panel(s) or other structural components
of the solar energy facilities.
(3)
Solar energy systems designed and permitted as a freestanding
alternative energy facility shall be located at least 15 feet from
a property line and shall not exceed 15 feet in height, as measured
from the ground surface to the highest extended point of the structure.
All such solar energy systems shall comply with the building and lot
coverage requirements of the zoning district on which it is located.
(4)
Solar energy systems shall be located, designed and installed
as per the manufacturer's specifications as well as all zoning, building
code and utility requirements.
(5)
Solar energy systems shall be located behind the front facade
of the building occupying the permitted use. No solar energy system
shall be permitted in the front yard of the lot on which it is located.
(6)
A nonparticipating landowner shall not intentionally block,
interfere or disrupt the functional operation of an existing solar
energy system. If such action or event should occur, the matter shall
be resolved as a civil dispute between the landowners and Northampton
Township shall not be held responsible.
(7)
Solar energy panels shall be designed and located in order to
minimize glare towards an occupied residential use.
C.
The following provisions shall specifically apply to geothermal energy
systems:
(1)
Geothermal energy systems shall be permitted by right provided
that such facilities are located on a lot with a permitted use in
accordance with the applicable provisions of this chapter.
(2)
Geothermal energy systems shall be located, designed and installed
as per the manufacturer's specifications as well as all zoning, building
code and utility requirements.
(3)
Geothermal energy systems may be located on a lot with a permitted
use provided that all structural components comply with the building
setback requirements and lot coverage requirements of the zoning district
on which it is located.
(4)
A nonparticipating landowner shall not intentionally block,
interfere or disrupt the functional operation of a geothermal system.
If such action or event should occur, the matter shall be resolved
as a civil dispute between the landowners and Northampton Township
shall not be held responsible.
D.
The following provisions shall specifically apply to emerging energy
facilities:
(1)
Emerging energy systems shall be permitted by special exception
provided that such facilities are located on a lot with a permitted
use in accordance with the applicable provisions of this chapter.
(2)
Emerging energy systems may be located on or attached to an
occupied building provided that the structural components of the emerging
energy facilities do not exceed the permitted building height requirements
of the zoning district to which it is located.
(3)
Emerging energy systems may be located on a lot with a permitted
use provided that all structural components comply with the building
setback requirements and lot coverage requirements of the zoning district
on which it is located.
(4)
Emerging energy systems may be located on a lot provided that
it is located, designed and installed considering the health, safety
and general welfare of the adjacent property owners. As part of the
special exception application, the Zoning Hearing Board may attach
reasonable conditions and safeguards.
E.
Wood-fired boilers, as defined under Subsection 2, shall be prohibited as an alternative or emerging energy facility serving any permitted use.
F.
The following renewable energy resource protection provisions shall
apply to alternative or renewable energy resource protection:
(1)
The landowner shall provide documentation of the land and airspace
on his property, which must remain open to assure adequate solar access,
water and/or wind to the renewable energy system. All such documentation
shall be considered as part of the permit application or special exception
application.
(2)
As part of the permit application, the landowner shall notify
the Zoning Officer that the alternative or renewable resource system
has been installed. The landowner shall also provide the Zoning Officer
with any other permits that have been obtained from agencies with
jurisdiction in order to locate the alternative or renewable energy
resource system on his property.
G.
The following setback modifications may be considered for alternative
and/or emerging energy facilities as part of a zoning variance application:
(1)
A landowner may obtain a modification of the setback requirements specified under Subsection 4A (occupied buildings on nonparticipating landowner's property) by having a modification agreement executed between both parties, which sets forth the applicable setback provision(s) and the proposed changes.
(2)
The written modification agreement shall notify the property
owner(s) of the setback required by this section, describe how the
proposed alternative and emerging energy facility is not in compliance,
and testify that consent is granted for the alternative or emerging
energy facility to not be set back as required by this section.
(3)
Any such modification agreement shall be recorded in the Bucks
County Recorder of Deeds Office. The modification agreement shall
describe the properties benefitted and burdened, and inform all subsequent
purchasers that the modified setback shall run with the land and may
forever burden the subject property.
(4)
Any modification pertaining to the dimensional setback requirements
from public roads or street rights-of-way shall not be considered
as part of any application.
(5)
Any modification pertaining to the dimensional setback requirements
from an adjacent property owner shall not be considered as part of
any application.
H.
The following provisions shall apply to noise, shadow flickering
and/or interference involving alternative and/or emerging energy facilities:
(1)
Audible sound from any alternative and/or emerging energy facility
shall not exceed 55 dBA, as measured at the applicant's property line.
Northampton Township has the right to inspect, measure and record
sound levels at the applicant's expense.
(2)
The applicant shall make reasonable efforts to minimize shadow
flicker at the property line.
(3)
The applicant shall not disrupt radio, telephone, television
or similar communication signals, and shall mitigate any harm caused
by the alternative and/or emerging energy system.
5.
Permit and Special Exception Application Requirements.
A.
No alternative or emerging energy facility shall be located, modified
or constructed within Northampton Township unless a permit has been
issued to the landowner in accordance with the provisions of this
section.
B.
The permit application and special exception application shall be
accompanied with a fee in the amount specified by Northampton Township.
C.
The permit application and special exception application shall demonstrate
that the alternative or emerging energy facility will comply with
the provisions contained under this section. The following specific
items shall be provided by the applicant:
(1)
A complete narrative describing the proposed alternative or
emerging energy facility, which shall include: a project overview;
the project location; the number of the alternative or emerging energy
facilities; the area and height of the alternative or emerging energy
facilities; the initial and potential generating capacities; the facility
dimensions; and the manufacturer's specifications.
(2)
An affidavit or similar evidence of agreement between the landowner
and the facility owner/operator demonstrating that the facility owner/operator
has the capabilities and permission of the landowner to apply for
necessary permits for construction and operation of the alternative
or emerging energy facility.
(3)
The properties within 500 feet on which the proposed alternative
or emerging energy facility will be located.
(4)
A site plan showing the boundary lines of the property occupied
by the alternative or emerging energy facility and the properties
within 500 feet on which the proposed alternative or emerging energy
facility will be located. The site plan shall also include: topographical
and natural features; the planned location of the alternative or emerging
energy facilities; the building setback lines; the access road and
turnout locations; building and structures; and all public utilities.
(5)
The existing and projected annual energy needs of the permitted
use that will benefit from the alternative or emerging energy facility,
including the amount of surplus energy that will be exchanged, transferred
and/or sold to a public or private utility company.
(6)
Documents related to the potential abandonment and/or decommissioning
of the alternative or emerging energy facilities.
(7)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by Northampton Township to ensure compliance
with this section.
D.
As part of the permit or special exception application, Northampton
Township may attach reasonable conditions and safeguards in order
to consider the health, safety and general welfare of the applicant
and the adjacent property owners.
E.
The following provisions shall apply to emergency service requirements
for an alternative or emerging energy facility:
(1)
The applicant shall provide a copy of the permit application
to the local emergency response providers (police, fire and ambulance)
of Northampton Township.
(2)
If required by the Zoning Officer, the applicant in conjunction
with the emergency service providers shall establish an emergency
response plan for the alternative or emerging energy facility.
F.
Pursuant to the time limitations specified for a permit application,
Northampton Township will determine whether the application is administratively
complete and advice the applicant accordingly.
G.
Pursuant to the time limitations specified by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and the State-wide Building Code [Chapter 5, Part 1], Northampton Township shall consider the permit or special exception application. The applicant may be afforded an opportunity to present the project to the designated municipal officials, as well as answer questions about the project.
H.
Throughout the permit process, the applicant shall promptly notify
Northampton Township of any changes to the information contained in
the permit or special exception application.
6.
Design, Transport and Installation Requirements.
B.
Unless otherwise required by Northampton Township, the following
provisions shall apply to the use of public roads involving the transport
of alternative and/or emerging energy facilities.
(1)
The applicant shall identify all state and local public roads
to be used within Northampton Township to transport equipment and
parts for construction, operation or maintenance of the alternative
and/or emerging energy facility.
(2)
The Northampton Township Engineer shall inspect and document
the condition of all roads prior to construction and 30 days after
the construction has been completed or as weather permits. The applicant
shall be responsible for the payment of all fees associated with the
inspections conducted by the Northampton Township Engineer.
(3)
Any road damage caused by the applicant or its contractors shall
be promptly repaired at the applicant's expense to the satisfaction
of the Northampton Township Engineer.
(4)
Northampton Township may require the applicant to post a bond
for any required repairs or maintenance to public roads.
C.
All wind turbines and wind energy facilities shall be equipped with
a redundant braking system, which shall include both aerodynamic over-speed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for over-speed protection.
D.
Above-ground alternative and emerging energy facilities shall be
clear-coated, transparent, and/or be designed with a non-obtrusive
color such as white, off-white, gray or black. All such facilities
shall not be artificially lighted, except to the extent required by
the Federal Aviation Administration or other applicable authority
that regulates air safety.
E.
Above-ground alternative and emerging facilities shall not display
advertising, except for reasonable identification of the manufacturer.
F.
On-site transmission and power lines between an alternative or emerging
energy facility shall be placed underground.
G.
Clearly visible warning signs concerning voltage must be placed at
the base of all above-ground transformers and substations. Visible,
reflective, colored objects, such as flags, reflectors, or tape shall
be placed on the anchor points of guy wires and along the guy wires
up to a height of 10 feet from the ground.
H.
Wind turbines shall not be climbable up to 15 feet above ground surface.
All access doors to wind turbines and electrical equipment shall be
locked or fenced, as appropriate, to prevent entry by non-authorized
persons.
I.
Above-ground alternative and emerging energy facilities shall not
be combined with other support towers or accessory structural components
that are devoted to or utilized by public or private utilities.
7.
Liability and Insurance Requirements.
A.
The landowner and the operator shall be responsible for repairing
any excess damage to public or private roads caused by the alternative
and emerging energy facility.
B.
Unless otherwise required by Northampton Township, the landowner
shall maintain a general liability policy covering bodily injury and
property damage with a minimal limit of at least $1 million per occurrence
and a minimum of $1 million in the aggregate. Certificates shall be
made available to Northampton Township upon request.
8.
Decommissioning.
A.
The landowner or facility operator shall, at its expense, complete
decommissioning of the alternative or emerging energy facility within
12 months after the end of the useful life of the alternative and
emerging system. The alternative or emerging energy system will presume
to be at the end of its useful life if no energy is generated for
a continuous period of 12 months.
B.
The removal of the above-ground alternative or emerging energy facility
components shall be completed within 12 months of decommissioning
of the alternative or emerging energy system. All disturbed earth
shall be re-stored, graded and re-seeded.
C.
Unless otherwise required by Northampton Township, the landowner
shall be responsible for the following financial and inspection provisions
as part of the decommissioning efforts:
(1)
The landowner or facility operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs; provided that
at no point shall decommissioning funds be less than 25% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or a lending institution approved by Northampton
Township.
(2)
An independent and certified professional engineer may be retained
by Northampton Township to inspect the decommissioning of the alternative
and emerging facilities. All such inspection fees shall be paid by
the applicant or landowner.
(3)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable by Northampton Township.
(4)
Northampton Township may release the decommissioning funds when
the landowner or facility operator has satisfactorily demonstrated
compliance with the decommissioning plan.
D.
If the landowner or facility operator fails to complete decommissioning
during the prescribed period of 12 months, Northampton Township may
take such measures as necessary to complete decommissioning in accordance
with the laws of Northampton Township and the Commonwealth of Pennsylvania.
9.
Public Inquiries, Inspections, Violations and Remedies.
A.
The landowner and the facility operator shall provide Northampton
Township with a telephone number and identify a responsible person
for the public to contact with inquiries and complaints throughout
the life of the alternative or emerging energy facility.
B.
The landowner and the facility operator shall consult with a qualified
inspector every 12 months to determine if the alternative and emerging
energy facility is operating in accordance with the specifications
of the manufacturer.
C.
It shall be unlawful for any landowner, person, firm, or corporation
to violate or fail to comply with or take any action which is contrary
to the terms of this section. If Northampton Township determines that
a violation has occurred, a notice of violation shall be issued to
the landowner and/or facility operator in accordance with the laws
specified by Northampton Township and Commonwealth of Pennsylvania.
[Added by Ord. No. 611, 8/25/2021]
In all residential zoning districts, an additional 5% of impervious
surface coverage is allowed over the maximum permitted for said district
subject to the installation of a stormwater management system approved
by the Township Engineer accounting for the additional impervious
surface coverage. If applicable, compliance with the stormwater management
ordinance must also be met. The Township reserves the right to inspect
and/or require self-reporting to ensure the adequacy of the stormwater
management system.
