The regulations contained in this article shall apply to the entire Township for the subjects covered herein. However, if a conflict occurs between the standards of the general regulations and any other standards of this chapter then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick. The following activities, among others, are considered land development:
A.
Addition of one or more buildings (except accessory
buildings) to a lot which contains an existing building.
B.
Division of one or more buildings into spaces for
leasehold, ownership or other forms of tenancy (except for residential
conversions resulting in three or less dwelling units).
C.
Construction of one nonresidential building on a lot.
All development in the Township shall be served
by water supply and sewage disposal facilities which are appropriate
for the type of land use, physical characteristics of the land, location
in the Township, and availability of existing water and sewage systems,
and shall be further regulated by the requirements below:
A.
Individual onlot facilities. Individual onlot water
supply and sewage disposal facilities shall be used in all zoning
districts where central water and/or sewer facilities are not available.
Written proof of compliance with the applicable state regulations
must be provided to the Zoning Officer before occupancy permits will
be issued.
B.
Facilities serving more than one lot, dwelling, use
or building. Facilities under this heading may be classified as "common,"
"shared" or "central," and include public water supply and public
sewage disposal, and shall comply with the following:
(1)
These facilities shall not be located on building
lots, but shall be located on a separate lot used only for these utilities,
or for utilities and open space.
(2)
Written proof of compliance with the applicable state
regulations must be provided to the Zoning Officer before occupancy
permits will be issued for development served by these facilities.
(3)
These facilities shall comply with the requirements of § 285-54 herein regarding ownership and maintenance of common elements.
(4)
Offsite central water and/or sewage facilities must
be used for development when they are available.
Unless otherwise specified in this chapter,
each and every lot shall abut a public street for at least 50 feet
at the right-of-way line of the public street; and said 50 feet must
be usable for purposes of ingress and egress to the lot.
A front yard setback shall be measured from
the ultimate right-of-way for each lot line abutting a public or private
right-of-way. The lot lines intersecting ultimate rights-of-way shall
be treated as side lot lines. All other lot lines shall be considered
rear lot lines.
[Amended 3-8-2007 by Ord. No. 2007-04]
The concept of flag lotting is permitted under this chapter in accordance with the following criteria and in compliance with § 285-48, Access to public street, other applicable requirements of this chapter, and the flag lotting provisions of Chapter 240, Subdivision and Land Development:
A.
Minimum lot area. No less than 80,000 square feet
in net lot area shall be permitted as a flag lot. The access strip
portion of the flag lot is not to be considered when calculating the
net lot area.
B.
Front, side and rear yards. Front, side and rear yards
shall all be in compliance with the dimensional standards applicable
to the type of lot as listed below:
C.
Shared driveways serving more than one single-family
detached dwelling are prohibited.
E.
Only one flag lot is permitted in any subdivision.
Furthermore, in that subdivision, no additional flag lots shall be
permitted in the future.
In all zoning districts, on land developed for
nonresidential uses, refuse collection facilities must be provided
by the applicant, either inside the building(s) or within an area
enclosed by either walls or opaque fencing.
A.
These facilities shall be architecturally compatible
with the building(s).
B.
Walls or fencing shall be designed to shield the refuse
facilities from direct view from adjacent properties, to a height
of at least six feet.
C.
These facilities shall be designed in a manner which
can accommodate large collection trucks.
D.
Landscaping is encouraged around these facilities.
E.
Refuse facilities attached to, detached from or within
buildings shall be subject to same building setback requirements.
All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick.
When open space or open land is required to
be permanently preserved for common benefit and use by the requirements
of this chapter, the regulations of this section shall apply.
A.
Open space characteristics. Open space shall be characterized
by one or more of the following:
(1)
Active and/or passive recreation areas.
(2)
Environmentally sensitive and attractive areas such
as:
(a)
Woodlands.
(b)
Lakes, ponds, streams.
(c)
Floodplain as defined in this chapter.
(d)
Slopes exceeding 15% as delineated by the Montgomery County Soil Survey, by accurate contour mapping on the applicant's plan, or otherwise in accordance with Article XV, Steep Slope Conservation District, of this chapter.
(e)
Farmland which is to be continued in agricultural
use.
(f)
Riparian Corridor Conservation District.
[Added 9-10-2009 by Ord. No. 2009-07]
B.
Open space design requirements. Permanently preserved
open space shall:
(1)
Be designed as a continuous system of usable areas,
interspersed among groupings of residential dwelling units, wherever
practicable.
(2)
Be interconnected with common open space areas on
abutting parcels wherever possible.
(3)
Be provided with safe and convenient access by adjoining
public road frontage or other rights-of-way or easements capable of
accommodating pedestrian, bicycle and maintenance vehicle traffic
and containing appropriate access improvements.
(4)
Be provided with sufficient perimeter parking when
necessary, as in public recreation areas.
(5)
Be comprised of areas not less than 50 feet in width
and not less than 11,000 square feet of contiguous area, except that
individual tot-lots shall be included in the total required open space
area.
(6)
Be designed so that not more than 25% of the open
space is used as buffers between development and existing roads, and
no more than 50% is floodplain, as defined herein.
(7)
Not be divided by crossing of public or private roads
except where necessary for proper traffic circulation.
(8)
When required, open space includes Riparian Corridor Conservation area. The RCC area shall be vegetated in accordance with § 240-37F(6), Riparian Corridor Conservation District Vegetation Requirements, of the Subdivision and Land Development Ordinance.
[Added 9-10-2009 by Ord. No. 2009-07]
C.
D.
Offer of dedication. All common open space and recreation
facilities required by this chapter may be offered for dedication
to the Township, although the Township need not accept any such offers.
E.
Required recreation facilities. The applicant shall install recreation facilities in the open space in conformance with the requirements of Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick, regarding recreational facilities.
F.
Height limitation of fences and walls. No fence or
wall over six feet in height, except a retaining wall, or a wall of
a building permitted under the terms of this chapter, shall be erected
within any of the open spaces required by this chapter unless that
portion of the fence or wall which exceeds six feet in height has
a ratio of open area to solid area of at least 4:1. The Zoning Hearing
Board may authorize by special exception the erection of walls or
fences of greater height in such cases as may be necessary to provide
adequate protection, shielding or screening of open storage or equipment
areas.
Common elements including, but not limited to,
open space, recreation, sewer, water and stormwater management facilities
which will not be publicly owned, shall be subject to a form of ownership
established in private agreements acceptable to the Board of Supervisors.
Such private ownership including, but not limited to, corporate, individual,
condominium, landlord or fee-simple home or landowners' association,
shall be governed by the following:
A.
Access to and use of these common elements may be
restricted to the property owners or tenants within the development,
and their guests, unless the Township accepts public dedication of
all or any part of any open space.
B.
Perpetual maintenance shall be guaranteed by trust
indenture or similar instrument, or by deeding the open space to a
land trust or conservancy or similar organization, as approved by
the Board of Supervisors, which instrument or deed shall be referenced
on the final plan:
(1)
Shall be recorded with the Montgomery County Recorder
of Deeds simultaneously with the final plan.
(2)
Shall restrict the open space from development, by
deed restriction, granting the Township the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses
incurred before formation of a homeowner's association.
(b)
Adjustment of association fees to account for
inflation and increase costs.
(c)
A reserve fund to cover capital improvement
and/or unforeseen major maintenance requirements.
(d)
Funding of professional management, expert consultants
and supplies.
(e)
Township review and approval of revisions to
any part at any time.
(4)
Shall authorize the Township to maintain the common
elements and assess the private ownership 100% of such maintenance,
or foreclose on said bonds or funds to cover said maintenance, if
private ownership fails to function as required in the private agreement.
(a)
The Township may, at the discretion of the Board
of Supervisors, decide to relieve the private ownership organization
of some or all of its maintenance responsibilities in the event of
a functional failure that has or threatens to have undesirable impact
on surrounding property owner or the general public.
(b)
The necessity for continued Township maintenance
shall be reviewed at public hearing within one year of the Township
having assumed the responsibility, and if the private ownership is
demonstrated to have resumed the capability of maintenance, the responsibility
shall revert to the private ownership. If the private ownership cannot
demonstrate capability, a public hearing shall be held on an annual
basis until maintenance can be resumed by the private ownership or
until dedication of the common elements is accepted by the Township.
(c)
Any administrative, capital, labor or operating
costs incurred by the Township in assuming the maintenance responsibilities
of the private ownership organization shall be recoverable from the
owner of property, individually or collectively, in the subject development.
C.
Review of maintenance budget. At the time a preliminary
plan for subdivision or land development is submitted, the developer
shall submit to the Township a budget for the maintenance of open
space, and reimburse the Township for the cost of a professional to
assess the budget for future adequacy.
No building and no part of a building shall
be erected within or shall project into any required yard in any district,
except that:
A.
An unenclosed porch, not more than 14 feet in height,
may be erected to extend into a required front or rear yard setback
a distance of not more than 10 feet, provided that in no case shall
it extend into such front or rear yard more than 1/2 the required
depth of the yard.
B.
A terrace, patio, deck, platform or landing place,
not covered by a roof, canopy or trellis, which does not extend above
the level of the first floor of the building, may be erected to extend
into a required side or rear yard a distance of not more than 12 feet,
provided that it shall not extend into such yard more than 40% of
the required depth or width of the yard.
C.
A carport may be erected over a driveway in a required
side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier or pilaster of
a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows
and balconies may project no more than three feet into a required
rear yard.
No lighting of private property shall be permitted
that shall cause a hazard or a nuisance to abutting roads and properties.
A.
When lighting is observed to be a potential hazard
or nuisance regarding public roads, the Township Zoning Officer shall
make a determination as to the need to relocate, diminish, reorient
or remove the light fixtures in question, with the advice of the Township
Engineer. The determination shall be made mainly in terms of the effect
of the lighting on traffic safety, such as from glare or brightness
interfering with a driver's ability to see safely.
Where an environmental assessment statement
is required by this chapter, it shall be submitted to the Board of
Supervisors in compliance with regulations and shall contain the information
that follows:
A.
A description of all proposed facilities.
B.
A physical description of the environment affected
including, but not limited to, summary technical data and maps and
diagrams adequate to permit an assessment of potential environmental
impact by commenting agencies and the public. Highly technical and
specialized analyses and data should be attached as appendices or
footnoted with adequate bibliographic references.
C.
The interrelationship and cumulative environmental
(including economic) impact of the proposed facilities and other solid
waste disposal facilities shall be stated with adequate technical
analysis.
D.
The sources of data used to identify, quantity or
evaluate any and all of environmental consequences must be expressly
noted.
E.
Specific data relating to the impact of the proposed
facilities on natural and man-made local storm drainage facilities
and areas.
F.
Specific data relating to the impact of the proposed
facilities on sanitary sewage disposal.
G.
Specific data relating to the impact of proposed facilities
on the existing floodplain areas of the Township, including details
of any measures or precautions which may have to be taken in order
to provide adequate flood control in the Township.
H.
A statement of any probable adverse environmental
effects which cannot be avoided-such as water or air pollution, undesirable
land use patterns, damage to life systems, congestion, threats to
public health, safety or welfare or other consequences adverse to
the environment. Included for purposes of contrast should be a clear
statement of how other avoidable adverse effects will be mitigated.
I.
The relationship between local short-term uses of
the environment and the maintenance and enhancement of long-term productivity.
This section should contain a brief discussion of the extent to which
the proposed action involves short-term environmental gains at the
expense of long-term losses, or the converse, and an explanation of
the extent to which the proposed action forecloses future options.
In this context, the words short-term and long-term should be viewed
in terms of the environmentally significant consequences of the proposed
action.
J.
The aesthetic impact of the proposed action including
its impact upon visual quality of the surrounding community.
K.
An analysis of the success and/or failure of similar
projects, if the proposed project is a nonconventional nature. Determination
of the conventional or nonconventional character of the proposed project
will be made by the Township Board of Supervisors as advised by the
Township Engineer.
L.
A statement of any effects on desirable employment,
taxes and property values.
M.
A statement of any effects on desirable community
growth.
N.
A statement describing the location and impact of
the project on nearby recreation areas.
O.
In developing the above data, applicant shall convey
the required information succinctly in a form easily understood both
by members of the public and by public decision-makers, giving attention
to the substance of the information conveyed rather than the particular
form, or length or detail of the statement. Statements should indicate,
at appropriate points in the text, any underlying studies, reports
and other information obtained and considered by the applicant in
preparing the statement. Care should be taken to insure that the statement
remains an essentially self-contained instrument capable of being
understood without the need for cross reference.
P.
Each environmental statement should utilize a systematic,
interdisciplinary approach which will insure the integrated use of
the natural and social sciences and the environmental design arts
in planning and decision-making which may have an impact on the environment.
Application of such an approach should help assure a systematic evaluation
of reasonable alternative courses of action and their potential social,
economic and environmental consequences.
Q.
Such other reasonable information as reasonably required
by the Board of Supervisors, Township Planning Commission, Township
Engineer and/or Township Solicitor.
A.
All uses shall be developed and operated in a manner
that preserves the quality of the existing environment and of any
natural amenities present on the site.
B.
All uses shall provide for the preservation and the
minimum destruction of natural drainage areas, minimum grading and
destruction of the ground surface, the preservation of substantial
stands of trees and forested areas and the preservation of attractive
views and any other natural features existing on the site.
C.
No land or structure in any zoning district shall
be used or occupied in any manner that creates any:
(1)
Dangerous, injurious, noxious or otherwise objectionable
condition.
(2)
Fire, explosive or other hazards.
(3)
Heat, electromagnetic or other radiation.
(4)
Noise or vibration.
(5)
Smoke, dust, odor or other form of air pollution or
any other condition in such manner or in such amount as to adversely
affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.
The provisions of this chapter shall not be
so construed as to limit or interfere with the construction, installation,
operation and maintenance of public utility structures or facilities
in existence at the time of passage of this chapter, or which may
hereafter be located with public easements or rights-of-way designated
for such purposes. The location of any such construction not within
a public easement or right-of-way, however, unless specifically provided
for in this chapter, shall be subject to approval of the Zoning Hearing
Board, which shall give consideration to the effect of such constructions
or installation upon the public safety and the character of the adjacent
neighborhood.
Nothing herein contained shall be construed
to render inoperative any enforceable restriction established by covenants
running with the land, and which restrictions are not prohibited by
or are not contrary to the regulations herein established.
[Amended 6-13-2002 by Ord. No. 02-09]
An application for any conditional use as specified
in the various parts of this chapter shall be considered by the Township
Supervisors according to the following procedure:
A.
Application.
(1)
The application shall be submitted in writing to the
Township Planning Commission.
(2)
The application shall include the request for approval
of a conditional use and sufficient information to document compliance
with the applicable standards of this chapter; a tentative sketch
plan of the proposed development shall be included.
(3)
The Township Planning Commission shall submit one
copy of the application to the Montgomery County Planning Commission
for its advisory review, one copy to the Township Board of Supervisors,
and other copies to agencies and/or technical consultants whose review
may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public hearing
within 60 days from the date of the applicant's request, unless the
applicant has agreed in writing to an extension of this time limit.
The hearing shall be conducted by the Board, or the Board may appoint
any member or an independent attorney as a hearing officer. The decision,
or, where no decision is called for, the findings shall be made by
the Board; however, the applicant may, prior to the decision of the
hearing, waive the decision or findings by the Board and accept the
decision or findings of the hearing officer as final.
(2)
Public notice of the public hearing, stating the time,
place and the particular nature to be considered, shall be published
twice in a newspaper of general circulation in the Township. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
(3)
The Board of Supervisors shall consider the comments
and recommendations of the Township and County Planning Commissions,
other advisors and those present at the public hearing prior to deciding
to approve or deny the proposed use. In allowing a conditional use,
the Board of Supervisors may attach such reasonable conditions and
safeguards, in addition to those expressed in this chapter, as it
may deem necessary to implement the purposes of this chapter.
(4)
In deciding all applications for conditional uses
the Board of Supervisors shall be guided by the following standards
and criteria:
(5)
The Board of Supervisors shall render a written decision
on the application within 45 days after the last hearing in which
the Board considered the application.
[Amended 8-9-2001 by Ord. No. 01-1]
The following accessory uses, shall be permitted,
subject to the additional requirements herein.
A.
Uses accessory to agriculture.
(1)
Greenhouses, barns and machine sheds, preparation
of products produced on the premises for sale and/or use at other
locations.
(2)
Retail sale of agricultural and/or horticultural products
on a minimum tract of five acres in compliance with the following:
(a)
At least 75% of such products shall have been
grown on the property on which they are offered for sale.
(b)
At least three parking spaces shall be provided,
plus one additional space for each 200 square feet of building area
over 600 square feet.
(c)
Buildings, whether permanent or seasonal, shall
meet the required setbacks of the district in which they are located,
and no parking area, sign, display or other structure shall intrude
into the legal right-of-way of any public road. Buildings shall include
stands, carts, wagons, sheds or other movable structures.
(d)
Maximum building coverage to house retail sales
shall be .5% of the gross acreage of the property, with a maximum
building coverage as an accessory use to be 5,000 square feet.
(3)
Keeping of livestock in conjunction with agriculture,
in accordance with the following:
(a)
Livestock and/or other animals may be kept as part of an agricultural operation provided that the property on which they are kept is at least 10 acres in size, and setback requirements of the district or § 285-74, herein, whichever are greater, are met.
(b)
The number of animals permitted shall comply with the rate standards of Subsection B(9)(b), herein. Such an operation shall be completely enclosed by fencing; and any building or enclosure used in conjunction with such an operation shall provide setbacks in compliance with the district in which they are located, or § 285-74, herein, whichever are greater.
(c)
Operation of an animal feed lot shall not be
permitted in any district.
B.
Uses accessory to dwellings. The following uses are
permitted by right, however, approval as a special exception by the
Zoning Hearing Board shall be required for uses that exceed the stated
capacities or sizes, or that would involve use or storage of items
other than those listed:
(2)
Detached private structure, with a total floor area
of not more than 1,200 square feet.
(3)
Private parking spaces, not to exceed four per dwelling
unit (not counting garage spaces).
(4)
Shelter for not more than four traditional house pets,
none of which will grow to be larger than a large dog.
(5)
Noncommercial greenhouse of less than 750 square feet
in floor area.
(6)
Detached storage sheds for garden equipment, household
goods and/or sporting goods owned and used by the residents of the
dwelling, with a total floor area of not more than 1,200 square feet.
(7)
Noncommercial swimming pool or other recreational
facilities, excluding facilities for use of motorized recreation vehicles.
(9)
Keeping of horses and other large animals such as
cattle, sheep or goats, not in conjunction with agriculture, in accordance
with the following:
(a)
A minimum lot size of two acres is required
to keep such animals.
(b)
Such animals may be kept at the following rates:
|
On a Minimum Two Acre Lot
|
For Each Additional Acre
| ||
|---|---|---|---|
|
Horses, cows or other animals of a similar size
|
1 animal
|
1 animal
| |
|
Sheep, goats or other animals of a similar size
|
4 animals
|
4 animals
| |
|
These regulations shall be interpreted to mean
one horse or one cow or four goats per unit of land
| |||
C.
Uses accessory to noncommercial recreational use.
Customary recreation, refreshment and service uses and buildings in
any noncommercial recreational area.
D.
Other accessory uses. Accessory uses other than those
listed may be permitted in compliance with the requirements for principal
uses in the district in which they are located and which they are
accessory to.
Routine parking of not more than two commercially
registered vehicles with not more than four axles each, which are
used regularly or frequently for business purposes shall be permitted.
Routine parking of more than two such vehicles shall constitute a
business operation and shall not be permitted in a residential district.
No structure or premise shall be used for the
provision of child day care except in accordance with the provisions
of this section.
B.
A family day care home or group day care home shall
be a permitted use in any zoning district, provided a copy of the
certificate of compliance issued by the Department of Public Welfare
shall be provided to the Zoning Enforcement Officer prior to the initiation
of day care use.
C.
A day care center shall be a special exception use
in any zoning district, and a copy of the certificate of compliance
issued by the Department of Public Welfare shall be provided as a
part of the special exception application.
A.
Home occupations are the accessory use of a residence
involving the conduct of an art or profession, the offering of a service,
the conduct of a business or the production of handicrafts on a residential
site. The use is incidental and secondary to the use of the dwelling.
B.
All proposed home occupation uses, including the expansion
or replacement of an existing use or structure, shall conform with
the performance standards below, as well as all other applicable Township,
state and federal regulations.
(1)
The home occupation and its associated structures
shall conform with all applicable dimensional standards for the zoning
district.
(2)
Home occupations shall be conducted entirely within
the residence, and the area used for the home occupation shall not
exceed 25% of the gross floor area of the residence, except that the
Zoning Hearing Board may permit the use of an accessory structure
or the use of more than 25% of the residence by special exception
where all other requirements of this section are met.
(3)
The home occupation shall in no way cause the residential
appearance or character of the premises to differ from the surrounding
residential area. Home occupations shall not be conducted in such
a manner as to produce noise, dust, vibration, glare, smoke or smell,
electrical interference, fire hazard, traffic or any other nuisance
not typically experienced in the zoning district where the property
is located.
(4)
No use shall require internal or external construction
features or the use of electrical, mechanical or other equipment that
would change the fire rating of the structure or in any way significantly
increase the fire danger to neighboring structures or residences.
(6)
No outside storage of material, goods, supplies or
equipment related to the operation of the home occupation shall be
allowed. All storage shall take place within a walled structure.
(7)
Merchandise shall be limited only to products manufactured
or substantially altered on the premises or to incidental supplies
necessary for the conduct of the home occupation. Items shall not
be purchased offsite for resale.
(8)
The home occupation shall have no more than two nonresident
employees.
(9)
Any need for parking generated by the home occupation shall be met off-street and in the side or rear yard of the structure in accordance with Article XIX of this chapter.
(10)
No more than one home occupation per adult resident
shall be allowed.
(11)
Home occupations that attract customers, clients
or students to the premises shall not be allowed in multifamily dwellings.
Bed-and-breakfast accommodations may be operated
as home occupations in single-family detached, owner-occupied buildings,
subject to the following regulations:
A.
Bed-and-breakfast accommodations require approval
of a special exception from the Zoning Hearing Board.
B.
A bed-and-breakfast enterprise shall have no more
than five guest bedrooms, accommodating no more than 10 guests at
any one time; no paying guest shall stay on any one visit for more
than 30 days.
C.
One off-street parking space for each guest bedroom
shall be provided in a side or rear yard.
D.
Meal service is limited to one daily meal per paying
overnight guest. Owners shall comply with all federal, state and local
requirements for the preparation, handling and serving of food.
E.
Owner shall maintain a current guest register.
F.
Bed-and-breakfast accommodations may not sell alcoholic
beverages.
G.
Each bed-and-breakfast facility shall be equipped
with smoke detectors and fire extinguishers in accordance with the
requirements of the Pennsylvania Department of Labor and Industry
and with the stipulations of the Township Fire Code. Guests shall
be provided with information regarding the floor plan of the building
and the location of emergency exits.
H.
If the facility is served by an onsite sewage system,
the owner must obtain written approval from the Township Sewage Enforcement
Officer confirming the adequacy of the system to serve the increased
demand resulting from the facility.
I.
A bed-and-breakfast use shall not be permitted on
a lot with an area less than 80,000 square feet.
[Amended 9-14-2000 by Ord. No. 00-3; 12-11-2014 by Ord. No. 2014-02; 3-8-2018 by Ord. No. 2018-01; 1-14-2021 by Ord. No. 2021-01]
A.
Purpose.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of commercial
and noncommercial wireless communications facilities in Upper Frederick
Township. While the Township recognizes the importance of wireless
communications facilities in providing high quality communications
service to its residents and businesses, the Township also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2)
By enacting this section, the Township intends to:
(a)
Permit with minimal restriction the noncommercial, accessory
use of radio and satellite dish antennas;
(b)
Promote the health, safety, and welfare of Township residents
and businesses with respect to commercial wireless communications
facilities;
(c)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(d)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of communications support structures and communications
antenna in the Township, including facilities both inside and outside
the public rights-of-way;
(e)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi,
and other wireless communications facilities;
(f)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(g)
Protect Township residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(h)
Update the Township's wireless facilities regulations to incorporate
recent changes in federal and state laws and regulations.
B.
ACCESSORY EQUIPMENT
AMATEUR RADIO (also called HAM RADIO)
APPLICANT
CO-LOCATION
COMMUNICATIONS ANTENNA (ANTENNA)
COMMUNICATIONS SUPPORT STRUCTURE (SUPPORT STRUCTURE)
COMMUNICATIONS TOWER
DISTRIBUTED ANTENNA SYSTEM (DAS)
EMERGENCY
FCC
HEIGHT OF A SUPPORT STRUCTURE
MONOPOLE
PERSON
RIGHT-OF-WAY (ROW)
SIGNIFICANT GAP or GAP IN SERVICE
SMALL WIRELESS FACILITY POLE
SMALL WIRELESS FACILITY(IES)
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
(1)
(2)
WBCA
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Definitions. The definitions found herein apply only to this Wireless
Communications Facilities Ordinance and the regulations found herein.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term includes, but is not limited to, utility or transmission equipment,
power supplies, generators, batteries, cables, equipment buildings,
cabinets, and storage sheds, shelters, or similar equipment.
The use of designated radio frequency spectra for purposes
of private recreation, noncommercial exchange of messages, wireless
experimentation, self-training, and emergency communication.
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
The mounting of one or more communications antenna on an
existing communications tower, or on any structure that already supports
at least one communications antenna, including the mounting of small
wireless facility(ies) on existing utility poles or small wireless
facility poles.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips or other similar devices used for the transmission or reception
of wireless signals, which may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna, including small wireless facility(ies). Communications
antenna further includes, but is not limited to, related equipment.
Communications antenna shall not include support structures for antenna
or any related equipment that is mounted to the ground or at ground
level. This definition shall not include private residence mounted
satellite dishes or television antennas or amateur radio equipment,
including, without limitation, AM or citizen band radio antennas.
Any structure that is used for the purpose of supporting
one or more communications antenna, including, but not limited to,
self-supporting lattice towers, guy towers and monopoles, utility
poles and light poles, and small cell towers and mini-towers. DAS
hub facilities are considered to be communications support structures.
Any structure that is used for the purpose of supporting
one or more antenna or small wireless facility(ies), including, but
not limited to, self-supporting lattice towers, guy towers and monopoles,
utility poles and light poles. DAS hub facilities are considered to
be communications towers.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A condition that: 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or 2) has caused
or is likely to cause facilities in the right-of-way to be unusable
and result in loss of the services provided.
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a support structure, including
antenna mounted on the support structure and any other appurtenances.
A communications support structure or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure, to support communications antenna and connecting
appurtenances.
Any individual, organization, or other legal entity.
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way. For the purpose of this section,
ROW shall include streets and roads owned by Upper Frederick Township,
Montgomery County, the Commonwealth of Pennsylvania, and any other
Pennsylvania state agency.
An area where wireless communication coverage does not exist
for any wireless communication operator. The existence or nonexistence
of a gap in wireless coverage, and the size thereof, shall be a factor
in the Township's decision on an application for installation of any
WCF.
A freestanding structure or other structure not classified
as a wireless support structure that could support the placement or
installation of small wireless facility(ies) if approved by the Township.
A wireless communications facility that meets the following
conditions:
The communications facility is:
Mounted on a structure 50 feet or less in height, including
the antennas; or
Is mounted on a structure no more than 10% taller than other
adjacent structures; or
Does not extend the existing structure on which it is located
to a height of more than 50 feet or by more than 10%, whichever is
greater.
Each antenna associated with the facility is no more than three
cubic feet in volume.
The volume of all other equipment associated with the structure,
whether ground-mounted or polemounted, and including the wireless
equipment associated with the antennas and any pre-existing associated
equipment on the structure, is cumulatively no more than 28 cubic
feet. As used in this subsection, the following associated ancillary
equipment are not included in the calculation of equipment volume:
The facility does not require FCC antenna structure registration.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
the FCC.
Camouflaging methods applied to wireless communications support
structures, antenna and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antenna, building-mounted
antenna painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, and light poles.
Any increase in the height of a communications support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
in the WBCA or the Upper Frederick Township Zoning Ordinance if necessary
to avoid interference with existing antenna; or
Any further increase in the height of a communications support
structure which has already been extended by more than 10% of its
originally approved height or by the height of one additional antenna
array.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antenna, nodes, control boxes, support structures, poles,
conduits, wires, fibers, hubs, ducts, pedestals, electronics, network
components, signal conversion equipment, and other equipment used
for the purpose of transmitting, receiving, distributing, providing,
or accommodating commercial wireless communications services.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township, not including small wireless
facility(ies) poles.
C.
Noncommercial antennas and satellite dishes.
(1)
Permitted uses. Antennas and satellite dishes for home use, ham radio,
citizen band (CB) radio, and two-way or one-way radio for public safety
are permitted in all zoning districts.
(a)
Ground-mounted. Permanent, extendable, retractable, or telescoping
ground-mounted support structures and accompanying antenna that is
accessory to a permitted or special use are permitted by right in
all zoning districts and may be erected to a maximum height of 65
feet above mean ground level, provided same may only be located in
a side or rear yard.
(b)
Roof-mounted.
[1]
Antennas and satellite dishes may be erected on the roof of
a principal or accessory building in any residential district to a
maximum height of 25 feet above the maximum height of the building
on which it is located.
[2]
Roof-mounted antenna and satellite dishes may be erected in
any residential district when the following criteria are met:
[a]
Demonstration by the applicant that ground mounting
and compliance with the applicable yard, setback, and height restrictions
would result in the obstruction of the antenna's reception window;
further, such obstruction involves factors beyond the applicant's
control.
[b]
The height of the proposed installation does not
exceed the maximum height restriction imposed upon primary and accessory
uses within the district.
[c]
Only one antenna or satellite dish may be permitted
per lot.
[d]
No satellite dish may exceed 12 feet in diameter.
[e]
Antennas and satellite dishes shall be neutral
in color and, to the extent possible, compatible with the appearance
and character of the neighborhood.
(2)
Standards for antennas and satellite dishes.
(a)
No antenna or satellite dish shall be located in the front yard
setback or any yard area abutting a street in any district. If ground
mounted, the dish or antenna shall be located in the side or rear
yard of the lot. The antenna or satellite dish shall be installed
in the location that will shield its view from the street or from
neighboring properties to the greatest extent feasible. If mounting
on a building, same shall not extend more than three feet into a side
or rear yard and may not extend into a front yard or any yard area
abutting a street in any district.
(b)
No antenna or satellite dish shall be permitted within that
portion of a yard required to be a landscaped buffer area by any provision
of this section.
(c)
When ground mounted, the antenna or satellite dish shall be
screened from public streets or adjoining residential districts or
uses by the installation of a fence, or by planting evergreen trees
or shrubs which form a complete visual barrier.
(d)
No dish shall exceed 12 feet in diameter. No roof-mounted dish
shall project more than eight feet from the roof. No ground-mounted
dish shall exceed 12 feet in height.
(e)
No more than one satellite dish shall be permitted on any lot.
If more than one antenna is required, it shall be placed on a shared
structure with other antennas.
D.
General requirements for all communications antenna.
(1)
The following regulations shall apply to all small wireless facility(ies)
and communications antenna that do not substantially change the physical
dimensions of the wireless support structure to which they are attached:
(a)
Site plan. The applicant shall submit to the Township a site plan for all wireless communications facilities showing the antenna, antenna support structure, building, fencing, landscape buffering, access, landscaping and other requirements of Chapter 240, Subdivision and Land Development, and shall obtain a permit from the Township Zoning Officer.
(b)
Prohibited on certain structures. Communications antenna shall
not be located on single-family dwellings, two-family dwellings, multifamily
dwellings, or any accessory residential structure.
(c)
Standard of care. Communications antenna shall be designed,
constructed, installed, 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. Antenna shall at all times be kept and maintained in good condition,
order and repair by qualified and trained maintenance, construction,
and inspection personnel, so that the same shall not endanger the
life of any person or any property in the Township.
(d)
Accessory equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(e)
Wind. All communications antenna structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222-E, as amended).
(f)
Public safety communications. No communications antenna shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
(g)
Aviation safety. Communications antenna shall comply with all
federal and state laws and regulations concerning aviation safety.
(h)
Radio frequency emissions. No communications antenna may, by
itself or in conjunction with other antenna, 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.
(i)
Historic buildings. No communications antenna may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places, or is eligible to be so
listed, or is listed on the official historic structures and/or historic
districts list maintained by the Township, or has been designated
by the Township to be of historical significance.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
The communications antenna shall be fully automated and unattended
on a daily basis and shall be visited only for routine maintenance,
inspection, or emergency repair.
[2]
Such maintenance, inspection and repairs 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, inspection, and repair activities shall utilize
the best available technology for preventing failures and accidents,
and shall only be performed by trained and qualified personnel.
(k)
Removal. In the event that use of a communications antenna 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 antenna or portions of antenna shall
be removed as follows:
[1]
All abandoned or unused antenna and accessory facilities shall
be removed within two months of the cessation of operations at the
site unless a time extension is approved by the Township.
[2]
If the antenna or accessory facility is not removed within two
months of the cessation of operations at a site, or within any longer
period approved by the Township, the antenna and/or associated facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the antenna. If said owner fails to
pay for the cost of removal within 30 days, the Township may proceed
to recover its costs through any proceeding in law or equity against
the owner of the antenna, or by liening the property where the antenna
was located, or by pursuing any other legal remedy available to the
Township as authorized under the provisions of the Second Class Township
Code[1] or by any other applicable local, state, or federal law
or regulation.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(l)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the antenna and, once approved, in
reviewing and evaluating any installation and any potential violation
of the terms and conditions of this section. The applicant and/or
owner of the antenna shall reimburse the Township for all reasonable
costs and fees of said consultant and/or expert.
(m)
Insurance. Each person that owns or operates a communications
antenna shall provide the Township with a certificate of insurance,
naming the Township as an additional insured, and evidencing general
liability coverage in the minimum amount of $2,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the communications antenna.
(n)
Indemnification. Each person that owns or operates a communications
antenna shall, at its sole cost and expense, indemnify, defend, and
hold harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the communications antenna. Each person that owns or
operates a communications antenna shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a communications
antenna. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(o)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any communications antenna for various reasons, including,
but not limited to, visual impact, design, and safety standards.
(p)
Inspection. The Township reserves the right to inspect any antenna
to ensure compliance with the provisions of this section 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 an antenna is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(q)
Replacement. When future technology avails itself with radiation
suppresant devices and/or equipment that is less harmful to humans,
such equipment shall be installed to replace dated small wireless
facility(ies), communications antenna and accessory facilities and
equipment as soon as possible, but in no event later than 180 days
after notification by the Township.
(r)
Small wireless facilities spacing. Minimum spacing between small
wireless facilities shall be 300 feet between wireless communications
facility installations. Small wireless facilities shall not be located
within 100 feet of an adjacent existing residence.
(s)
Professional services agreement. A consultant professional services
agreement, on a form provided by the Township, shall be signed by
the applicant and submitted with any wireless communications facility,
to cover all costs and expenses incurred by the Township for application
and plan review and processing by its professional consultants. No
application shall be deemed submitted until the signed consultant
professional services agreement has been provided to the Township.
No permit shall be issued until the applicant has fully reimbursed
the Township for all costs and expenses incurred by the Township for
application and plan review and processing by its professional consultants.
(2)
The following regulations shall apply to all communications antenna
that DO NOT substantially change the wireless support structure to
which they are attached:
(a)
Applicants for small wireless facility(ies) and applicants proposing
the modification of an existing communications tower, in order to
co-locate an antenna, shall obtain a permit from the Township Zoning
Officer. In order to be considered for such permit, the Applicant
must submit a permit application to the Township Zoning Officer.
(b)
Permit fees. The Township may assess permit fees directly related
to the Township's actual costs in reviewing and processing the application
and for overseeing and inspecting the antenna installation as well
as future inspections, monitoring and related costs. Such fees shall
be adopted by resolution of the Board of Supervisors. For applications
that fall under the WBCA, the fees assessed shall not exceed the maximum
fees established thereunder.
(c)
Timing of approval.
[1]
Within 30 calendar days of receipt by the Township of an application
for a communications antenna which does not substantially change the
physical dimensions of the wireless support structure to which it
is to be attached, the Township shall notify the applicant in writing
of any information that may be required to complete such application.
Within 60 calendar days of receipt of a complete application, the
Township shall make its final decision of whether to approve the application,
and shall advise the applicant in writing of such decision. If additional
information is 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 sixty-day review period.
[2]
Within 10 calendar days of receipt by the Township of an application
for small wireless facility(ies) which are to be collocated on existing
wireless support structures, the Township shall notify the applicant
in writing of any information that may be required to complete such
application. Within 60 calendar days of receipt of a complete application,
the Township shall make its final decision of whether to approve the
application, and shall advise the applicant in writing of such decision.
If additional information is 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 sixty-day
review period.
[3]
Within 30 calendar days of receipt by the Township of an application
for small wireless facility(ies) which proposes the construction of
a new small wireless facility(ies) pole, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. Within 90 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.
(3)
The following regulations shall apply to all communications antenna
that DO substantially change the wireless support structure to which
they are attached:
(a)
Permit required. An applicant proposing the substantial modification
of an existing communications support structure shall first submit
an application and obtain a zoning permit and a building permit from
the Township.
(b)
Permit fees. The Township may assess zoning and Building permit
fees directly related to the Township's actual costs in reviewing
and processing the application and for overseeing and inspecting the
antenna installation and/or modification of the existing support structure,
as well as future inspections, monitoring, and related costs. Such
fees shall be adopted by resolution of the Board of Supervisors. For
applications that fall under the WBCA, the fees assessed shall not
exceed the maximum fees established thereunder.
(c)
Timing of approval. Within 30 calendar days of the date that
an application for a communications antennais 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 completed 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 required 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. The ninety-day
period set forth herein is automatically modifiable as and when necessary
to remain consistent with any applicable and controlling state or
federal law or regulation.
E.
Requirements for communications antenna outside the public right-of-way.
The following additional regulations shall apply to all communications
antenna located outside the public right-of-way:
(1)
Location. Communications antenna are permitted in the (CB) Commercial
Business and (I) Industrial Zoning Districts. Communications antenna
in such districts may only be mounted to an existing building, an
existing utility pole, an existing communications support structure,
or an existing public utility transmission pole or other structure.
(a)
Whenever a communications tower, wireless support structure, communications
antenna and/or accessory facilities and equipment is proposed to be
located outside of the public right-of-way, a copy of an easement
agreement from the property owner on whose property the facilities
are to be located shall be provided as part of the application process.
(2)
Development regulations. Communications antenna shall be co-located
on existing structures, such as existing buildings or communications
support structures, whenever possible, subject to the following conditions:
(a)
To the extent permissible by law, such antenna does not exceed
the lesser of a total maximum height of 12 feet, or the maximum height
permitted in the underlying zoning district.
(b)
If the antenna applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
A security fence satisfactory to the Township of not less than
10 feet in height shall surround any separate communications equipment
building. Vehicular access to the communications equipment building
shall not interfere with the parking or vehicular circulations on
the site for the principal use. A lock box shall be provided for emergency
access.
(3)
Design regulations.
(a)
Communications antenna 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 antenna
applicant shall be subject to the approval of the Board of Supervisors.
(b)
The total height of any support structure and mounted antenna
shall not exceed the maximum height permitted in the underlying Zoning
District. To the extent permissible by law, the height of an antenna
shall not exceed the lesser of a total maximum height of 12 feet,
or the maximum height permitted in the underlying zoning district.
(c)
In accordance with industry standards, all communications antenna
applicants must submit documentation to the Township justifying the
total height of the antenna structure. Such documentation shall be
analyzed in the context of such justification on an individual basis.
(d)
Noncommercial usage exemption. Township citizens utilizing satellite
dishes, amateur radios, and antenna for the purpose of maintaining
television, telephone, radio communications, and/or internet connections
at their respective residences shall be exempt from these design regulations.
(4)
Removal; replacement; modification.
(a)
The removal and replacement of communications antenna and/or
accessory equipment for the purpose of upgrading or repairing the
antenna is permitted, so long as such repair or upgrade does not increase
the overall size or number of antenna.
(b)
Any material modification to a wireless communications facility
shall require a prior amendment to the original permit or authorization.
(c)
Replacement. When future technology avails itself with radiation
suppressant devices and/or equipment that is less harmful to humans,
such equipment shall be installed to replace dated communications
antenna and accessory facilities and equipment as soon as possible,
but in no event later than 180 days after notification by the Township.
F.
Requirements for communications antenna inside the public right-of-way.
The following additional regulations shall apply to all communications
antenna located in the public right-of-way:
(1)
Location.
(a)
Communications antenna shall be permitted in areas in which
all utilities are located aboveground, regardless of the underlying
zoning district, so long as such antenna are located on existing structures
and/or utility poles in the ROW.
(b)
With the approval of the Township, communications antenna may
also be installed on Township property, such as, but not limited to,
traffic signal poles, streetlight poles, mast arm devices, or other
traffic control devices.
(c)
Whenever communications antenna are installed on Township property,
reasonable rental compensation shall be paid to the Township by the
applicant or owner in accordance with the Township's annual fee schedule.
(2)
Co-location. Communications antenna in the ROW shall be co-located,
whenever possible, on existing poles, such as existing utility poles,
traffic light poles, or streetlight poles. If co-location is not technologically
feasible, the applicant shall locate its communications antenna on
existing utility poles, traffic signal poles, or streetlight poles
that do not already act as communications support structures.
(3)
Design requirements.
(a)
Antenna 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.
(b)
All accessory equipment shall be located underground unless
the applicant demonstrates to the satisfaction of the of the Township
that to do so would not be technologically or economically feasible.
In that case, all accessory equipment shall be the smallest and least
visibly intrusive equipment available and regularly in use in the
industry.
(c)
Accessory equipment that cannot be located underground shall
be treated to match the supporting structure. Antenna and accessory
equipment shall be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted. Antenna must
be located using stealth technology as approved by the Township. No
more than four antenna may be placed on a pole.
(4)
Compensation for ROW use. In addition to permit fees described above,
every communications antenna, and all accessory equipment located
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. The amount of 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 application reviewing, inspecting, permitting, supervising and
other ROW management activities by the Township. The owner of each
communications antenna 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 use fee for communications
antenna shall be established by resolution of the Township Board of
Supervisors and shall be based on the Township's actual ROW use and
management costs as applied to such communications antenna.
(5)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications antenna 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.
(6)
Equipment location. Accessory equipment for communications antenna
shall, whenever practical, be located underground. If the Township
determines that doing so would not be technologically or economically
feasible, given industry standards and norms, same 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:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 36 inches of the exposed back of the curb or within
an easement extending onto a privately owned lot.
(b)
Ground-mounted equipment that cannot be located underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township, giving due concern and consideration to the safety of
pedestrians, vehicular traffic, and the traveling public.
(c)
Required electrical meter cabinets that cannot be located underground
shall be screened to blend in with the surrounding area to the satisfaction
of the Township.
(d)
Any graffiti on the support structure 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.
(e)
Any plans for proposed underground installation of accessory
equipment shall be reviewed and approved in advance by the Township.
(7)
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 an antenna in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
antenna 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:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
G.
General requirements for all communications support structures. The
following regulations shall apply to all communications support structures:
(1)
Standard of care. A communications support structure shall be designed,
constructed, installed, 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 communications
support structure shall at all times be kept and maintained in good
condition, order and repair by qualified and trained maintenance,
construction, and inspection personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(2)
Permit required. An applicant proposing the construction of a new
communications support structure or the modification to an existing
communications support structure shall first submit an application
and obtain a zoning permit and a building permit from the Township.
(3)
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 and for overseeing and inspecting the
support structure installation and maintenance, as well as the future
inspections, monitoring and related costs. Such fees shall be adopted
by resolution of the Board of Supervisors. For applications that fall
under the WBCA, the fees assessed shall not exceed the maximum fees
established under the WBCA.
(4)
Wind. A communications support structure shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/TIA-222-E, as amended).
(5)
Design. A communications support structure shall be designed to have
the least practical adverse visual effect on the areas which can view
it.
(6)
Height. A communications support structure shall be designed at the
minimum functional height. All communications support structure applicants
must submit documentation to the Township justifying the total height
of the structure. The maximum total height of any communications support
structure, which is not located in the public ROW, shall not exceed
200 feet, as measured vertically from the ground level to the highest
point on the structure, including antenna and subsequent alterations.
Equipment buildings, cabinets and ground-mounted accessory structures
shall not exceed 15 feet in height.
(7)
Accessory equipment. A telecommunication equipment building, equipment
cabinet, or any other structure associated with a communications support
structure, shall meet the height and setback requirements for principal
buildings in the zoning district in which the building is located,
except as otherwise noted in the Upper Frederick Township Zoning Ordinance.
(8)
Public safety communications. No communications support structure
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(9)
Maintenance. The following maintenance requirements shall apply:
(a)
Any communications support structure 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 Township
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(10)
Radio frequency emissions. No communications support structure
may, by itself or in conjunction with other wireless communications
facilities, 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.
(11)
Historic buildings or districts. No communications support structure
may be located on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, or is included in the official historic structures
and/or historic districts list maintained by the Township.
(12)
Signs. All communications support structures shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency.
(13)
Lighting. No communications support structure shall be artificially
lighted, except as required by law. Support structures shall be galvanized
and/or painted with a rust-preventive paint of an appropriate color
to harmonize with the surroundings. 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. Strobe lights are not to operate between
sunset and sunrise.
(14)
Noise. Communications support structures shall be operated and
maintained so as not to produce noise in excess of applicable noise
standards under state law and applicable Township ordinance guidelines,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis only.
(15)
Aviation safety. Communications support structures shall comply
with all federal and state laws and regulations concerning aviation
safety.
(16)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the support structure and, once approved,
in overseeing and monitoring all installations and in reviewing and
evaluating any potential violation of the terms and conditions of
this section. The applicant and/or owner of the support structure
shall reimburse the Township for all reasonable costs of said Township's
consultants.
(17)
Timing of approval. Within 30 calendar days of the date that
an application for a communications support structure 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 communications support structures shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such communications support structure, 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.
(18)
Nonconforming uses. Nonconforming communications support structures
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section. Co-location
of antenna on existing nonconforming support structure is permitted.
(19)
Removal. In the event that use of a communications support structure
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 support structures
or portions of support structures shall be removed as follows:
(a)
All unused or abandoned communications support structures 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.
(b)
If the support structure 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 support structure
and accessory facilities and equipment may be removed by the Township
and the cost of removal assessed against the owner of the support
structure. If said owner fails to pay for the cost of removal within
30 days, the Township may proceed to recover its costs through any
proceeding in law or equity against the owner of the support structure,
or by liening the property where the support structure was located,
or by pursuing any other legal remedy available to the Township as
authorized under the provisions of the Second Class Township Code[2] or by any other applicable local, state, or federal law
or regulation.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
(c)
Any unused portions of communications support structures, including
antenna, shall be removed within six months of the time of cessation
of operations. The Township must approve all replacements of portions
of a communications support structure previously removed.
(20)
FCC license. Each person that owns or operates a communications
support structure shall submit to the Township a copy of its current
FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
(21)
Insurance. Each person that owns or operates a communications
support structure greater than 50 feet in height shall provide the
Township with a certificate of insurance, naming the Township as an
additional insured, evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the communications
support structure. Each person that owns or operates a communications
support structure 50 feet or less in height shall provide the Township
with a certificate of insurance evidencing general liability coverage
in the minimum amount of $2,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
each communications support structure.
(22)
Indemnification. Each person that owns or operates a communications
support structure shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the communications support structure. Each
person that owns or operates a communications support structure shall
defend any actions or proceedings against the Township in which it
is claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation, maintenance
or removal of communications support structure. The obligation to
indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs and
all other costs of indemnification.
(23)
Engineer's seal. All plans and drawings for a support structure
shall contain a seal and signature of a professional structural engineer,
licensed in the Commonwealth of Pennsylvania, certifying that the
site and design shall be in strict compliance with all current and
applicable federal and state technical and safety codes.
H.
Requirements for support-structure-based facilities outside the right-of-way.
The following additional regulations shall apply to support-structure-based
wireless communications facilities located outside the right-of-way:
(1)
Development regulations:
(a)
Location. No support structure shall be located in an area in
which all utilities are underground, except as permitted by this section.
The following additional regulations shall apply:
[1]
Support structures are permitted in the (CB) Commercial Business
District and (I) Industrial Zoning District.
[2]
Support structures are permitted on Township and Township-owned
property, including Township Fire Company property.
[3]
Support structures shall not be placed within 100 feet of any
area in which all utilities are underground.
(b)
Gap in coverage. An applicant for a support structure 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 support structures.
(c)
Sole use on a lot. A support structure shall be permitted as
a sole use on a lot, provided that the lot shall meet the minimum
lot area of the district in which it is located.
(d)
Combined with another use. A support structure may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the WCF.
[2]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable zoning district, and shall be the area needed to
accommodate the communications support structure and guy wires, the
equipment building, security fence, and buffer planting if the proposed
communications support structure is greater than 50 feet in height.
If a security fence is put in place, a lock box shall be provided
for emergency access.
[3]
Minimum setbacks. The foundation and base of any communications
support structure shall be set back from property lines in accordance
with the minimum setbacks applicable to the zoning district where
the property is located.
(2)
Setbacks. All parts of the communications support structure shall
be set back a minimum of 100 feet from the property line on the larger
parcel on which the leased parcel is located, plus one foot for each
foot of height of support structure and antenna beyond 100 feet.
(3)
Notice. Upon submission of an application for a communications support
structure, the applicant shall mail notice to all owners of every
property within 500 feet of the proposed facility. The applicant shall
provide proof of the notification to the Township.
(4)
Leased parcels. Copies of lease agreements and easements necessary
to provide access to the buildings or structure for installation and
placement of the equipment cabinet or equipment building shall be
provided to the Township. Recording of a plat of subdivision shall
not be required for the leased parcel on which the communications
support structure is constructed, provided the equipment building
is proposed to be unmanned, the required easement agreement for access
is submitted for approval by the Township, and the equipment building
is less than 1,000 square feet.
(5)
Co-location and siting. The applicant must demonstrate that the wireless
communications equipment planned for the proposed communications support
structure cannot be accommodated on an existing or approved structure
or building, or on Township property. The applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and support
structures in excess of 50 feet, within a 1/2 of a mile radius of
the site proposed, sought permission to install an antenna on those
structures, buildings, and support structures and was denied for one
of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or support
structure, and its reinforcement cannot be accomplished at a reasonable
cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or support structure and the interference cannot
be prevented at a reasonable cost.
(c)
Such existing buildings, structures, or support structures do
not have adequate location, space, access, or height to accommodate
the proposed equipment or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building or support structure.
(6)
Identification of nearby structures. Any application for approval
of a communications support structure shall include a comprehensive
inventory of all existing support structures and other suitable structures
within a two-mile radius from the point of the proposed support structure,
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 support structure or other suitable structure
cannot be utilized.
(7)
Design regulations:
(a)
The communications support structure 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 communications support structure
applicant shall be subject to the approval of the Township.
(b)
Any height extensions to an existing communications support
structure shall require prior approval of the Township. The Township
reserves the right to deny such requests based upon lawful considerations
related to the character of the Township.
(c)
Any proposed communications support structure shall be designed
structurally, electrically, and in all respects to accommodate both
the communications support structure applicant's antenna and comparable
antenna for future users.
(d)
Any communications support structure over 50 feet in height
shall be equipped with an anticlimbing device, as approved by the
manufacturer.
(8)
Surrounding environs:
(a)
The applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the communications support
structure shall be preserved to the maximum extent possible.
(b)
The applicant shall submit a soil report to the Township complying
with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222,
as amended, to document and verify the design specifications of the
foundation of the communications support structure, and anchors for
guy wires, if used.
(9)
Fence/screen:
(a)
A security fence satisfactory to the Township having a minimum
height of 10 feet shall completely surround any communications support
structure greater than 50 feet in height, as well as guy wires, or
any building housing communications support structure equipment. If
a security fence is used, a lock box shall be provided for emergency
access.
(b)
Landscaping shall be installed to screen and buffer the support
structure and any ground level features, such as an equipment building,
from adjacent properties.
(c)
A ten-foot-wide buffer yard consisting of dense evergreen hedge
planted so that the leaves or needles will touch an adjacent plant
at maturity around the perimeter of the security fence on the leased
parcel. The buffer yard required in the applicable (CB) Commercial
Business District or (I) Industrial Zoning District must be planted
around the perimeter of the parcel from which the leased parcel is
separated.
(10)
Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a
communications support structure shall be screened from public view
using stealth technologies, as described above.
(b)
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.
(11)
Additional antenna. As a condition of approval for all communications
support structures, the applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antenna on communications support structures where technically
and economically feasible. The owner of a communications support structure
shall not install any additional antenna without obtaining the prior
written approval of the Township.
(12)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to communications
support structure. 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 communications support structure owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility. The access road shall be a minimum of 20 feet
in width and shall be improved with a bituminous or concrete surface
approved by the Township, for its entire length at a minimum of 12
feet in width.
(13)
Parking. For each communications support structure greater than
50 feet in height, there shall be two off-street parking spaces. Each
parking space shall be improved with a dust-free, all-weather surface.
Said parking spaces shall have minimum dimensions of 10 feet by 20
feet.
(14)
Reservation of rights. In accordance with applicable law, the
Township reserves the right to deny an application for the construction
or placement of any communications support structure for numerous
factors, including, but not limited to, visual impact, design, and
safety standards.
(15)
Inspection. The Township reserves the right to inspect any communications
support structure to ensure compliance with the provisions of this
section 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 communications support
structure is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(16)
Engineer inspection report. The owner of any communications
support structure greater than 50 feet in height shall submit to the
Township proof of an annual inspection conducted by a structural engineer
at the owner's expense and an updated support structure maintenance
program based on the results of the inspection. Any structural faults
shall be corrected immediately and reinspected and certified to the
Township by a structural engineer at the support structure owner's
expense.
(17)
Land development plan. Township approval of a land development
plan shall be required for all support structures in excess of 50
feet in height. All stormwater requirements are applicable.
I.
Requirements for communications support structures inside the public
right-of-way. The following additional regulations shall apply to
any WCF support structure located in the right-of-way:
(1)
Location. The location of support structures is limited to the following
rights-of- way:
(a)
An applicant must first attempt to site a proposed support structure
along the following corridors, provided the proposed support structure
is not situated within 100 feet of an area in which all utilities
are underground:
[1]
Principal arterial roads:
|
Pennsylvania Route 29; and
|
|
Pennsylvania Route 73
|
(b)
If the Township determines that it is not technologically or
economically feasible to locate the proposed support structure along
the corridors mentioned above, given industry standards and norms,
the proposed support structure may be located along the roads listed
below where utilities are aboveground, provided that the proposed
support structure is not sited within 100 feet of an area in which
utilities are underground.
(c)
No communications support structure sited in the public ROW
shall be located in the front facade zone of any structure.
(2)
Gap in coverage. An applicant for a communications support structure
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 communications support structure 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 communications support structures in the ROW.
(3)
Notice. Upon submission of an application for a communications support
structure, the applicant shall mail notice to all owners of every
property within 500 feet of the proposed facility. The applicant shall
provide proof of the notification to the Township.
(4)
Co-location and siting. The applicant must demonstrate that the wireless
communications equipment planned for the proposed communications support
structure cannot be accommodated on an existing or approved structure
or building, or on Township property. The applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and support
structures within a 1/4 of a mile radius of the site proposed, sought
permission to install an antenna on those structures, buildings, and
support structures, and was denied for one of the following reasons:
(a)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building or support structure,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building or support structure, and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings or support structures do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building or support structure.
(5)
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications support structures 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.
(6)
Equipment location. Communications support structures 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:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(d)
Any graffiti on the support structure 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.
(e)
Any plans for underground vaults related to communications support
structures shall be reviewed and approved in advance by the Township.
(7)
Design regulations.
(a)
The communications support structure 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 communications support structure
applicant shall be subject to the approval of the Township.
(b)
Communications support structures in the public ROW shall not
exceed 40 feet in height.
(c)
Any height extensions to an existing communications support
structure shall require prior approval of the Township, and shall
not increase the overall height of the communications support structure
to more than 40 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.
(d)
Any proposed communications support structure shall be designed
structurally, electrically, and in all respects to accommodate both
the applicant's antenna and comparable antenna for future users.
(8)
Reservation of rights. In accordance with applicable law, the Township
reserves the right to deny an application for the construction or
placement of any communications support structure in the ROW for numerous
factors, including but not limited to visual impact, design, and safety
standards.
(9)
Additional antenna. As a condition of approval for all communications
support structures in the ROW, the applicant shall provide the Township
with a written commitment that it will allow other service providers
to co-locate antenna on communications support structures where technically
and economically feasible. The owner of a communications support structure
shall not install any additional antenna without obtaining the prior
written approval of the Township.
(10)
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 communications support structure in
the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any communications support
structure when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(11)
Compensation for ROW use. In addition to permit fees described
above, every communications support structure and all accessory equipment
located 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
application reviewing, inspecting, permitting, supervising and other
ROW management activities by the Township. The owner of each communications
support structure 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 use fee for communications
support structures shall be established by resolution of the Township
Board of Supervisors and shall be based on the Township's actual ROW
use and management costs as applied to such communications support
structure.
J.
Miscellaneous.
(1)
Police powers. The Township, by granting any permit or taking any
other action pursuant to this section, does not waive, reduce, lessen
or impair the lawful police powers vested in the Township under applicable
federal, state and local laws and regulations.
(2)
Violations and penalties. Any person who violates or permits a violation
of this section of the chapter shall, upon being found liable therefor
in a civil enforcement proceeding, pay a fine of not more than $600,
plus all court costs, including reasonable attorneys' fees, incurred
by the Township in the enforcement of this section. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
K.
Waiver provision. The Township Board of Supervisors may waive any
siting standards set forth in this section where the applicant demonstrates
that the strict enforcement of said standard:
(1)
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(2)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(3)
Will violate any requirement set forth in the FCC Order entitled,
"Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment." WT Docket No. 17-79, and WR Docket No.
17-84; or
(4)
Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide utility service to any prospective customer within
the Township.
Kennels, where specified as a permitted use
in the district regulations, are subject to the following provisions:
A.
A minimum lot size of five acres shall be provided.
B.
No animal shelter or run shall be permitted within
100 feet of any property line or 200 feet of any other dwelling.
C.
A total screen buffer shall be provided along property
boundaries with residential uses, to control noise and odor.
D.
The total number of dogs per acre shall not exceed
five per acre, not including dogs under six months old.
The Zoning Hearing Board may grant a special
exception for the conversion of any existing single-family detached
dwelling or its accessory structures into no more than two additional
dwelling units, subject to the following restrictions:
A.
Minimum unit size. The minimum size of each existing
or newly created dwelling unit shall be a minimum of 400 square feet
plus 100 square feet for each bedroom. For example:
|
Number of Bedrooms in Unit
|
Minimum Square Footage Required Per Unit
|
|---|---|
|
0 (Efficiency)
|
400
|
|
1
|
500
|
|
2
|
600
|
B.
Number of units permitted.
(1)
Minimum lot size. In order to qualify for residential
conversion, the existing dwelling unit must be located on a parcel
with sufficient gross area to provide:
(2)
Total units. Regardless of the size or number of existing
dwelling units, the total number dwelling units on any one parcel
after conversion shall not exceed three.
(3)
Restriction from development. Within 30 days of having obtained a use and occupancy permit for any conversion unit(s), the applicant shall record with the Montgomery County Recorder of Deeds deed restrictions, easements or private covenants which shall be acceptable to the Township Solicitor for the purpose of permanently restricting from further subdivision or land development the land area required by Subsection B(1).
C.
Location. Conversion of an existing single-family
detached dwelling shall be a permitted use in any zoning district.
D.
General standards.
(1)
There shall be no external alteration of the building
except as may be necessary for reasons of safety or improved design
for otherwise permitted units. Any alterations shall reflect the architectural
character of the existing building. Fire escapes and outside stairways
shall, where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of
access to the outdoors or to a hall which directly accesses the outdoors.
(3)
The off-street parking requirements of Article XIX must be met. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors
and fire extinguishers. A dwelling unit located at or above the second
story of a converted structure must have a fire escape.
(5)
If onsite sewage systems are to be used, the applicant
must submit evidence to the Zoning Hearing Board showing that the
total number of occupants in the converted dwelling unity will not
exceed the capacities of the existing sewage systems. The Sewage Enforcement
Officer shall review and approve any proposed expansion or addition
of systems.
The following standards and criteria shall govern
adult uses as defined and permitted in this chapter:
A.
[1]No adult use shall be considered to be a permissible change of use, in conformance with Article VI, Nonconforming Status, unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards and criteria of this section.
[1]
Editor's Note: Former Subsection A, which
restricted the location of adult uses in relation to residences, parks,
churches and schools, which immediately preceded this subsection,
was repealed 3-8-2007 by Ord. No. 2007-04.
B.
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article XX, Signs, of this chapter.
C.
If any portion of a use meets the definition of "adult
use," then that portion must comply with the requirements of this
section.
D.
A fifty-foot screening buffer shall be provided along
the side and rear lot lines, or when the property abuts residential
or institutional uses, but with plantings of an initial minimum height
of six feet.
[Added 6-14-2007 by Ord. No. 2007-06]
E.
The use shall not include the sale or display of obscene
or other sexual materials, as defined by the Pennsylvania Crimes Code
(18 Pa.C.S.A. § 5903), as amended, and interpreted by applicable
court decisions.
[Added 6-14-2007 by Ord. No. 2007-06]
F.
For public health reasons, private or semiprivate
viewing booths of any kind are prohibited. This specifically includes,
but is not limited to, booths for viewing adult movies or nude dancers.
[Added 6-14-2007 by Ord. No. 2007-06]
A.
Where permitted by district regulations, surface mining
and quarrying shall be permitted only on sites of more than 25 acres.
B.
No quarrying or mining activity shall take place with
500 feet of any property boundary.
C.
Mining and quarrying activities shall take place only
between the hours of 7:00 a.m. and 7:00 p.m., and shall not take place
on Sundays or legal holidays.
D.
Trucks shall be covered when leaving the site, and
shall not create dusty conditions beyond the boundaries of the subject
property.
E.
The perimeter of the property shall be sufficiently
fenced to prevent entry of unauthorized personnel.
F.
The mining or quarrying operation shall be surrounded
by a vegetative buffer sufficient to provide year around screening
from view from any public road.
[Amended 9-10-1998 by Ord. No. 98-5]
Heliports shall be permitted when authorized
by the Board of Supervisors as a conditional use in the Rural Preservation,
R-80, R-60, Commercial-Business or I Industrial Districts, or at an
airport licensed by the Federal Aviation Administration (FAA), only
when licensed by the Pennsylvania Department of Transportation (PADOT),
Bureau of Aviation, and otherwise in compliance with applicable federal
regulations.
A.
No portion of a heliport, including buildings, storage,
maintenance and landing area, may be within 250 feet of a property
line of a residentially or institutionally-used property.
B.
Appropriate fencing shall be provided by the applicant
to restrict pedestrian and vehicular access to the heliport.
C.
Development shall otherwise be in accordance with
the requirements of the district in which the heliport is located.
D.
A heliport may not be used unless a valid Township
conditional use permit is in effect.
(1)
Helicopter, balloon, ultra-light or other aircraft
landing or takeoff from nonheliport, nonairport or any other site
without a valid conditional use permit may only be allowed when it
is done:
(a)
With written approval of the Board of Supervisors.
(b)
In conjunction with a special event, such as
an athletic contest, a holiday celebration, parade or similar activity,
after reasonable advance notice has been given to the Township of
the intention to do so.
(c)
On an occasional or infrequent basis from an
unprepared site either as a business accessory use or as an industrial
aid.
(d)
When necessary for law enforcement purposes
or for medical emergencies.
(2)
The applicant shall apply to the Board of Supervisors
for a tentative approval of the conditional use.
(3)
Following tentative approval, the applicant shall
secure all necessary state and federal licenses and permits. The applicant
may submit plans for land development approval for the heliport at
the same time.
(4)
After securing all necessary state and federal licenses
and permits, and receiving land development approval for the heliport
plan, the Board of Supervisors will grant final approval to the conditional
use application.
(6)
The permit shall be renewable annually.
(7)
The permit shall be automatically revoked:
(a)
If the Bureau of Aviation, PADOT, revokes the
heliport's license or refuses to relicense the heliport after one
of its periodic inspections.
(b)
If the FAA withdraws or revokes its approval,
if initially required.
(c)
Thirty days after the Zoning Officer has notified
the permit holder in writing that the heliport is no longer in compliance
with the Township's permit requirements, provided that the noncompliance
has not been corrected within those 30 days.
(8)
When the heliport's permit and/or license has been
revoked, the operator shall close the by site publishing and posting
notices to that effect, and employing such visual markers as are customary
for this purpose.
(9)
Other aircraft. Other aircraft such as balloons, ultra-lights,
etc., may take off and land only at properly licensed airports or
heliports. Heliport use for these purposes shall be permitted only
when authorized by the Board of Supervisors as a conditional use.
The Board of Supervisors may limit the hours of operation and number
of aircraft involved as part of their approval.
A.
Intent. A traffic impact study is intended to enable
the Township to assess the traffic impacts of a proposal. Specifically,
its purpose is to:
(1)
Identify any traffic problems that may be created
in the existing highway network as a result of the proposal.
(2)
Delineate solutions to potential problems and to present
improvements to be incorporated into the proposal or into the highway
and/or public transit systems within the study area.
(3)
Assist in the protection of air quality and the conservation
of energy, and to encourage the use of public transit where available.
B.
Preparation of study. The traffic impact study shall
be prepared by a qualified traffic engineer and/or transportation
planner with the cost borne by the applicant. The procedures and standards
for the traffic impact study are set forth below.
C.
Applicability.
(1)
A traffic impact study shall be submitted with all
requests for change of zoning, special exception, conditional use
and as part of the preliminary plan application for all subdivisions
and/or land developments and/or planned residential developments when
the proposed use and/or development involves 30 or more dwelling units
or 25,000 square feet of nonresidential floor area.
(a)
Proposals which would not be required to produce
a traffic impact study by reason of size, above, must produce a study
if the expected number of trips generated per day exceeds 1,000.
(b)
The anticipated number of trips per day shall
be determined through the use of Institute of Transportation Engineers
(ITE) Trip Generation Report (Third Edition, as amended). The proposed
use or development shall be identified using the appropriate ITE land
use code. Where doubt exists, the applicant shall seek guidance from
the Planning Commission.
(2)
An application which requires a traffic impact study
shall not be considered complete until the traffic impact study is
submitted to the appropriate review body in accordance with the provisions
of this section.
(3)
The appropriate review body, at its discretion, may
require any other subdivision, land development, zoning change, special
exception or conditional use application to be accompanied by a traffic
impact study.
(4)
The Board of Supervisors may waive the requirement
for a traffic impact study where, in the opinion of the Board, the
proposal is not expected to create a significant traffic impact.
D.
General requirements and standards.
(1)
Site description. The site description shall include
the size, location, proposed land uses, construction staging and completion
date of the proposed land development. If the development is residential,
types of dwelling units shall also be included. The general site description
shall also include probable socioeconomic characteristics of potential
site users to the extent that they may affect the transportation needs
of the site, e.g., number of senior citizens. A brief description
of other major existing and proposed land development within the study
area shall be provided.
(2)
Transpiration facilities description. The description
shall contain a full documentation of the proposed internal and existing
external transportation system:
(a)
This description shall include proposed internal
vehicular, bicycle and pedestrian circulation, all proposed ingress
and egress locations, all internal roadway widths and rights-of-way,
parking conditions, traffic channelizations and any traffic signal
or other intersection control devices at all intersections within
the site.
(b)
The report shall describe the entire external
roadway system within the study area. Intersections in the study area
shall be identified and illustrated, any existing and proposed public
transit services and facilities within a one mile radius of the site
shall also be documented.
(c)
All future highway improvements, including proposed
construction and traffic signalization, shall be indicated. This information
shall be obtained from the Pennsylvania Department of Transportation's
twelve-year Highway and Bridge Program and from the Township. Any
proposed roadway improvements associated with surrounding proposed
development shall be noted.
(3)
Existing traffic conditions. Existing traffic conditions
shall be measured and documented for all roadways and intersections
in the study area and shall include:
(a)
Current average daily traffic volumes, peak
highway hour(s) traffic, and peak development-generated hour(s) traffic.
(b)
Manual traffic counts at all intersections in
the study area, encompassing the peak highway and development generated
hour(s) with documentation included as a technical appendix to the
report.
(c)
Delay analysis based upon existing volumes,
performed during the peak highway hour(s) and the peak development-generated
hour(s), for all roadways and intersections in the study area.
(d)
Volume/capacity (v/c) analysis for all intersections
having a level of service D, E, or F or which should be reasonably
expected to have such a level of service after the proposed development.
Volume/capacity ratios and delay levels of service shall be determined
for each location according to the 1985 Highway Capacity Manual, as
amended.
(e)
The date or dates when any and all traffic counts
were made.
(f)
Analysis of the adequacy of the existing roadway
system to serve the current traffic demand. Roadways and/or signalized
intersections experiencing levels of service E or F, and v/c ratios
grater than or equal to 1.0 shall be noted as deficient. Unsignalized
or undersignalized intersections with levels of service E or F shall
be noted as deficient.
(4)
Impact of development.
(a)
Estimation of vehicular trip generation to result
from the proposal shall be completed for the average daily peak highway
hour(s) and peak development-generated hour(s). All turning movements
shall be calculated.
(b)
These generated volumes shall be distributed
to the study area and assigned to the existing roadways and intersections
throughout the study area. Provide documentation of all assumptions
used in the distribution and assignment phases. Traffic volumes shall
be assigned to individual access points.
(c)
Pedestrian volumes shall also be calculated,
if applicable. If school crossings are to be used, pedestrian volumes
shall be assigned to each crossing.
(d)
Note any characteristics of the site that will
cause particular trip generation or distribution problems.
(5)
Analysis of impact.
(a)
The total future traffic shall be calculated
and shall consist of the existing traffic volume expanded to the project
completion year using an annual background growth factor plus the
development-generated traffic and the traffic generated by other proposed
developments in the study area.
(b)
The annual background growth factor shall be
determined using the projected rates of population and employment
growth as determined by Montgomery County Planning Commission and
the average annual traffic growth of the area's roadways as determined
from the Delaware Valley Regional Planning Commission's "Highway Network
Coverage Traffic Counts" and current twenty-four-hour traffic counts.
(c)
Delay analysis shall be conducted using the
total future demand and the future roadway capacity. If staging of
the proposed development is anticipated, calculations for each stage
of completion shall be made.
(d)
Analysis shall include the peak highway hour(s)
and peak development-generated generated hour(s) for all roadways
and intersections in the study area. Delay calculations shall be completed
for all intersections and proposed access points to the development.
A volume/capacity (v/c) analysis shall be conducted for all intersections
having a future level of service D, E or F.
(e)
All access points and pedestrian crossing shall
be examined as to the feasibility of installing traffic signals. This
evaluation shall compare the projected traffic and pedestrian volumes
to the warrants for traffic signal installation.
(6)
Conclusions and recommendations.
(a)
Levels of service (LOS) and volume/capacity
(v/c) ratios shall be listed for all roadways and intersections. All
roadways and intersections showing a level of service E or F, and
v/c rations equal to or greater than 1.0 shall be considered deficient.
(b)
The proportion of site-generated traffic to
total future traffic shall be identified at each lane group that is
considered deficient. Specific recommendations for the elimination
of all deficiencies shall be listed and shall include: internal circulation
design, site access location and design, external roadway intersection
design and improvements, traffic signal installation and operation
including signal timing, and transit design improvements.
(c)
All physical roadway improvements shall be illustrated.
(d)
Signal timing shall be evaluated for any intersection
with a level of service D, E or F, but a volume/capacity (v/c) ratio
less than 1.0. Warrants for signalization shall be examined for unsignalized
or undersignalized intersections with levels of service E or F.
(e)
Existing and/or future public transit service
shall also be addressed and any transportation management techniques
which would be available to the proposed development shall be identified.
A listing of all actions to be taken to encourage public transit usage
for development generated trips and/or improve existing service, if
applicable, shall be included.
E.
CAPACITY ANALYSIS
LEVEL-OF-SERVICE
MAJOR INTERSECTION
OFF-SITE TRANSPORTATION IMPROVEMENTS
ON-SITE TRANSPORTATION IMPROVEMENTS
PUBLIC TRANSIT
STUDY AREA
(1)
(2)
(3)
(4)
TRIP
(1)
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Traffic-related definitions. As used in this section,
the following terms shall have the meanings indicated:
Intersection approach capacity is the maximum rate of vehicular
flow that can pass through an intersection under prevailing roadway,
traffic and signalization conditions. The analysis compares the actual
or projected traffic volume to the intersection capacity and results
in a volume/capacity (V/C) ratio.
Level of service (LOS), as described in the 1985 Highway
Capacity Manual (Special Report 209, Transportation Research Board,
as amended), is a qualitative measure of the operational conditions
within a traffic stream and their perceptions by motorists. Levels
of service are defined in terms of delay for signalized intersections
and reserve capacity for unsignalized intersections. Six levels of
service (A through F) are defined for each type of facility, with
LOS "A" representing least congested operating conditions and LOS
"F" representing a breakdown in operating conditions.
The intersection of any arterial or collector street with
any other arterial or collector street as defined by the Highway Classification
Map of the Township or the equivalent document of adjacent municipalities
where appropriate. The transportation engineer shall seek guidance
from the Planning Commission prior to the initiation of the traffic
impact study to insure agreement on the location of major intersections.
Other transportation-related improvements which are generally
not contiguous with the property being developed and not required
as an onsite improvements but found to be necessary, partly or wholly
as a result of the proposed development.
All improvements on or adjacent to the development site in
the public right-of-way required to be constructed by the developer
pursuant to any ordinance, resolution or requirement of the Township.
Transportation services for the general public provided by
a common carrier of passengers generally but not necessarily on a
regular route basis, by a public authority or a private operator offering
service to the public.
The study shall be defined by two concentric circles at each
access point:
The first circle shall have a radius of 1/2
mile from each access point and shall include all intersections along
all roadways on which the tract has frontage and all major intersections
on all other roadways.
The second circle shall have a radius of one
mile from each access point and include all major intersections on
all roadways on which the tract has frontage. In the case that no
major intersections are encountered on frontage roadways within either
the 1/2 mile or one mile radius areas, the study area shall be extended
along frontage roadways to at least the first major intersection in
each direction.
Proposals that will generate more than 2,500
new average daily trips shall expand the first concentric circle to
a one mile radius and the second circle to a two mile radius.
All intersections identified in the study area
should be examined, even if the intersections are located outside
of the Township. The transportation engineer shall seek guidance from
the Planning Commission prior to the initiation of the traffic impact
study to insure agreement on the study area boundaries.
A one way trip into or out of the premises, and not what
is commonly referred to as a "round trip."
TRIP GENERATION RATESThe total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units or acres. The Institute of Transportation Engineer (ITE) Trip Generation Report (Third Edition, as amended) shall be referenced to determine specific rates.
A series of tests which detail the minimum traffic or pedestrian
volumes or other criteria necessary for the installation of a traffic
signal. These warrants are contained in the Manual on Uniform Traffic
Control Devices for Streets and Highways (U.S. Department of Transportation,
Federal Highway Administration, 1978, as amended).
[Amended 7-8-1993 by Ord. No. 93-1; 8-9-2001 by Ord. No. 01-1]
The following dimensional standards shall apply
in all districts for the types of uses, structures, facilities and/or
boundaries specified:
A.
No farm building or other structure for the keeping
or raising of livestock or poultry, for storing of farm or other products
regardless of kind, or for storing of farm or other machinery shall
be erected nearer that 100 feet to any right-of-way, to any public
or private wells, on or off the subject property, or to any property
line or lot line. In addition, a 50 feet setback shall be required
from any dwelling unit.
B.
All swimming pools or ponds shall be set back a minimum
of 25 feet from any lot line or ultimate right-of-way line.
C.
Unless specified otherwise, the following maximum
height limitations shall apply:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to a dwelling: 14 feet.
(3)
For barns, silos or other major agricultural buildings:
60 feet.
(4)
For any other nonresidential building or structure.
Forty feet, except that such height may be increased, as a special
exception, to a maximum of 60 feet or such increased height as may
be warranted when approved by the Zoning Hearing Board for such unoccupied
structures such as water towers, antennas, chimneys and steeples,
provided that the minimum setback of the structure from ultimate rights-of-way,
property lines and/or other structures shall be not less than the
height of the tall structure, measured to its highest point.
D.
Buildings or structures accessory to dwellings shall
comply with the following setback standards:
(1)
For uses identified in § 285-62B(2), (4), (5), (6), (7) and (11):
[Amended 3-8-2007 by Ord. No. 2007-04]
(a)
For buildings with nonconforming setbacks, the
front yard setback shall be equivalent to the line established by
the front of the dwelling.
(b)
For lots which conform to the size requirements
of the district in which they are located, the front yard setbacks
shall be that of the underlying district.
(c)
Side and rear yards.
[1]
Rear yard: 10 feet minimum, except that:
[2]
Side yard. The side yard setback shall be the
minimum side yard for a principal building, or the actual side yard
established by the existing principal building on the lot, whichever
is less restrictive, except that a detached structure that has a total
floor area less than 250 square feet, has a maximum overall height
of 12 feet and is accessory to a dwelling shall have a minimum side
yard of three feet.
[3]
Setback between buildings. If an applicant proposes
to have two accessory buildings that the total floor area added together
would not comply with the setbacks of this section, or the total floor
area added together exceed 1,200 square feet, then a five-foot minimum
setback shall apply between each such accessory building and between
the principal and each accessory building.
(2)
For uses identified in § 285-62B(8) and (9) and any accessory use that requires a special exception, the standards of Subsection A, herein, shall apply.
A.
All subdivisions using a flexible lotting concept,
as defined in this chapter and regulated under the various residential
districts, herein, shall divide the entire tract on which subdivision
is proposed into the following categories:
(1)
Permitted lotting types including conventional, pre-neighborhood,
neighborhood, estate and rural lots, in compliance with the dimensional
and development requirements of the applicable district.
(2)
Common open land/open space as defined and regulated
in this chapter.
(3)
Road and utility rights-of-way.
[Added 11-14-1996 by Ord. No. 96-6]
The Zoning Hearing Board may grant a special
exception for the installation and use of no more than one elder cottage
on the same lot as an existing single-family detached dwelling in
every residential district subject to the following requirements:
A.
Minimum lot size. In order to qualify for installation
of an elder cottage, the existing dwelling unit must be located on
a lot of 85,000 square feet or larger.
B.
Occupancy.
(1)
At least one occupant of the elder cottage must be
over 62 years of age or must be unable to live independently because
of mental or physical illness or disability.
(2)
At least one occupant of the principal residence and
at least one occupant of the elder cottage must be related by blood,
marriage or adoption.
(3)
In no case shall there be more than two occupants
of the elder cottage.
(4)
The owner of the principal residence must live in
one of the dwelling units on the lot.
D.
Setbacks. The elder cottage shall meet a minimum setback
of 25 feet from the side and rear lot lines.
E.
Location. The elder cottage shall be placed in the
side or rear yard of the lot no less than 15 feet from the principal
residence on the lot. In no case shall the elder cottage be placed
in the front yard of the lot.
F.
Lot coverage. The total building coverage and impervious
surface coverage shall not exceed the maximum requirements for the
zoning district in which the elder cottage is located.
[Amended 1-14-2010 by Ord. No. 2010-01]
G.
Parking. At least one off-street all weather parking
space shall be provided for the elder cottage in addition to that
required for the principal dwelling. However, no new driveway shall
be permitted for the elder cottage.
H.
Utilities.
(1)
For sewage disposal, water supply and all other utilities,
the elder cottage shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used.
(2)
If the utility systems are not to be expanded, the
applicant shall provide evidence to the Zoning Hearing Board showing
that the utility systems are designed to accommodate the total number
of occupants of both units.
(3)
If the utility systems are to be expanded, expansion
approvals are to be submitted.
(4)
All connections and additions to existing onsite sewer
systems are subject to the review and approval of the Sewage Enforcement
Officer.
(5)
The applicant shall provide the Township with a performance
bond of an amount set by resolution of the Board of Supervisors to
ensure adequate sewage disposal and potable water supply. In the event
that there is a sewage failure and there is no repair within 30 days
after notice by the Township, the use of the elder cottage will be
discontinued immediately.
I.
Temporary nature.
(1)
The elder cottage must be removed from the lot and
the lot must be restored to its original conditions within 90 days
after the elder cottage is no longer a legally permitted use.
(2)
The applicant shall provide the Township with a performance
bond in an amount set by resolution of the Board of Supervisors to
be used by the Township to remove the unit if the applicant fails
to do so within the time frame set forth above.
(3)
If the Township is forced to remove the unit, then
the Township retains the right to sell the elder cottage unit and
to expend any sums generated by such sale.
(4)
The elder cottage shall be placed on a temporary foundation
of easily removable materials so that the lot may be restored to its
original use after removal, with as little expense as possible.
(5)
No permanent fencing, walls or other structures (such
as a breezeway between the primary residence and the elder cottage)
that might impede removal of the elder cottage shall be installed
on the single-family lot.
J.
Application procedures. Applicants wishing to install an elder cottage on their property must submit an application for special exception to the Zoning Hearing Board, which shall include the information required by Article IV of this chapter the following:
(1)
A site development plan at a scale not less than one
inch equals 20 feet that shows the following information:
(a)
The property boundary lines.
(b)
The location of the existing principal dwelling,
existing accessory buildings and the proposed elder cottage.
(c)
Minimum set back lines as specified in the zoning
district in which the elder cottage is proposed.
(d)
Dimensions from the property boundary lines
and all existing buildings to the proposed elder cottage.
(e)
Lot area.
(f)
Total square footage of the proposed elder cottage.
(g)
Total building and impervious surface coverage
for all existing buildings and the proposed elder cottage.
[Amended 1-14-2010 by Ord. No. 2010-01]
(h)
The location, size and extent of all underground
utilities and the connection of these utilities to the proposed elder
cottage.
(i)
Existing right-of-way and easements within the
property boundary lines.
(j)
The location of the boundary of the Floodplain
Conservation District, slopes in excess of 15%, wetlands or other
natural features that may affect the location of the elder cottage
or its parking area.
K.
Permit. Applicants wishing to install an elder cottage
on their property must obtain a permit from the Township to operate
such a use. Each permit will expire on December 31 of each year and
may only be renewed by making application for a new permit. The annual
fee for the elder cottage use permit shall be set by resolution of
the Board of Supervisors. Each permit application shall be accompanied
by a certificate, in the form of an affidavit, verifying that:
(1)
The occupant of the principal dwelling will reside
in either the principal dwelling or the elder cottage for as long
as both units exist on the property.
(2)
At least one occupant of the elder cottage is either
over 62 years of age or is unable to live independently because of
mental or physical illness or disability. If the occupant of the elder
cottage is unable to live independently because of mental or physical
illness and is under 62 years of age, then the applicant shall provide
a certificate of disability from a medical doctor.
(3)
At least one occupant of the principal residence and
at least one occupant of the elder cottage is related by blood, marriage
or adoption.
(4)
The owner of the principal residence agrees that the
elder cottage shall be removed from the property within 90 days after
it is no longer occupied by a person who qualifies for the use and
occupancy permit.
(5)
The owner of the principal residence agrees that the
Township may remove the unit and sell it to defray its costs if the
unit is not removed within 90 days after the elder cottage ceases
to be a legal use.
L.
Additional installation requirements.
(1)
Foundation. The elder cottage shall be placed on a
temporary foundation including, but not limited to, pressure treated
timbers or piers of concrete block.
(2)
Anchoring. The elder cottage shall be physically anchored
to the ground via an anchoring system designed to resist a minimum
wind velocity of 90 miles per hour.
(3)
Skirts. All elder cottages shall have skirts installed
for the purpose of screening the underside of manufactured homes by
forming an extension of the vertical exterior walls of the home and
covering the entire distance between the bottom of the exterior walls
and the ground elevation below. The skirts must complement the appearance
of the elder cottage and must be compatible with the single-family
home unless the foundation of the elder cottage fulfills the same
purpose.
(4)
Hitch. The hitch or tow bar attached to an elder cottage
for transport purposes must be removed.
[Added 3-8-2007 by Ord. No. 2007-04]
A.
Tattoo parlors and related businesses shall comply
with all applicable state and county regulations.
B.
No tattoo parlor or related business shall be considered to be a permissible change of use, in conformance with Article VI, Nonconforming Status, unless the subject property is located in a district where tattoo parlors are permitted, and can be shown to comply with the regulations, standards and criteria of this section.
[Added 1-14-2010 by Ord. No. 2010-01]
There is no guarantee that a parcel of land can be developed
to the maximum density, and the physical constraints of a development,
a landowner's choice of dwelling style/footprint, or other factors
may limit the landowner's ability to develop the maximum number of
dwelling units permitted by the maximum density calculation. A development
plan of a landowner shall still be required to comply with all applicable
minimum requirements of the Zoning District in which the property
is located.
[Added 7-18-2019 by Ord.
No. 2019-01]
All commercial solar energy systems installed, operated and/or
modified within the Township after the effective date of this section
shall comply with the following provisions, as applicable:
A.
The design, installation, operation and maintenance of commercial
solar energy systems shall conform to all applicable federal, state
and Township construction, electrical and safety industry standards,
including, but not limited to, the International Fire Code, the National
Electrical Code, the Pennsylvania Uniform Construction Code, Act 45
of 1999,[1] as amended, and its accompanying regulations, and the
Public Utility Commission's interconnection rules and regulations.
[1]
Editor's Note: See 35 P.S. §§ 7210.101 through
7210.1103.
B.
Such use shall have a minimum lot size of five acres, and a maximum
of 20 acres.
C.
All on-site electrical distribution lines shall be placed underground,
to the extent possible.
D.
Commercial solar energy systems shall comply with the setback regulations
of the underlying zoning district.
E.
No part of a ground-mounted commercial solar energy system or its
support structures shall exceed a height of 20 feet.
F.
The area of any ground-mounted commercial solar energy system shall
be considered impervious material and calculated as part of the lot
coverage as established by the underlying zoning district and as regulated
by the Upper Frederick Township Stormwater Management Ordinance.[2] The area of lot coverage attributable to a commercial
solar energy system shall be measured as the entire area of the system
(e.g., width X length) in a horizontal plane projected vertically
upon the ground. Such coverage may be less than the actual surface
area of the system due to slanted or angled installation.
G.
Ground-mounted commercial solar energy systems shall not be placed
within any legal easement or right-of-way location, or be placed within
any stormwater conveyance system, or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
H.
For all commercial solar energy systems mounted on a pitched roof,
there shall be provided a two-foot minimum setback from the roof ridgeline
for the roof-mounted solar modules to allow space for firefighters
to penetrate the roof to create ventilation.
I.
For all commercial solar energy systems mounted on a flat roof, a
three-foot setback for a minimum of two roof edges shall be provided
for roof-mounted solar panels to ensure that firefighters may access
the roof in a quick and safe manner.
J.
All mechanical equipment of commercial solar energy systems, including
any structure for batteries or storage cells, shall be completely
enclosed by a minimum eight-foot-high fence with a self-locking gate,
and provided with screening in accordance with the landscaping and
screening provisions of the Code of the Township of Upper Frederick.
K.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
L.
Commercial solar energy systems mounted on the roof or wall of any
building shall be subject to the maximum height regulations of the
underlying zoning district.
M.
Commercial solar energy systems shall be located on a lot or parcel
in a manner that ensures solar access without reliance on adjacent
properties. If solar access from adjacent properties is required,
the applicant shall submit documentation of adjacent property owner(s)
agreement to the Zoning Officer using a solar easement.
N.
Commercial solar energy systems shall be located on a building, lot
or parcel in a manner that does not direct concentrated solar radiation
or glare onto any neighboring property or public way.
O.
Commercial solar energy systems shall not be used to display advertising
of any type, and may only display signage when consistent with this
chapter and when said signage identifies the manufacturer and/or installer,
or provides warning statements.
P.
A commercial solar energy system, and all materials, structures and
accessory equipment installed with that system, that has not been
in use for commercial generation purposes for six months shall be
removed completely within 90 days of the issuance of an enforcement
action. The Township may require evidence of energy production upon
request. Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation, and to prevent
soil erosion and downgradient sedimentation. If a commercial solar
energy system remains nonfunctional or inoperative for a continuous
period of one year, and has not been removed, the system may be deemed
to be abandoned, and may constitute a public nuisance as determined
by the Township Zoning Officer.
Q.
A commercial solar energy system owner shall post a bond or other
financial security in a form acceptable to the Township at the time
of zoning approval to cover the cost of equipment removal. Any and
all additional or unanticipated costs of the system removal, including
the full cost in the event the bond has expired or is insufficient,
shall be the responsibility of the owner of the solar system.
R.
As a condition of approval for any commercial solar energy system
project, the applicant/owner must:
(1)
Obtain land development approval for the installation.
(2)
Provide proof that it has secured all necessary interconnections,
land acquisitions, and/or easements necessary to undertake and complete
the project.
(3)
Replace any trees in kind that are removed in order to make
way for any component of the commercial solar energy system.
