The following standards shall be applied to the specific listed
uses, regardless of how said uses are authorized and where said uses
are proposed within Hamiltonban Township. These provisions shall be
applied by the Zoning Officer for uses permitted as a matter of right,
or by the Zoning Hearing Board for uses permitted by special exception.
These requirements shall supplement requirements that may be found
in the zoning district applicable to a specific property, as well
as generally applicable standards, including, but not necessarily
limited to, parking, loading, and sign standards.
A.
Academic clinical research center.
(1)
An academic clinical research center may grow medical marijuana only
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health.
B.
Accessory dwelling units.
(1)
No more than one ADU shall be permitted on any property.
(2)
The maximum number of occupants of the ADU shall be two persons.
Minor children under age 18 and related to the occupants of the ADU
by blood, adoption or foster relationship shall not count towards
this limit.
(3)
The ADU shall not exceed 50% of the total residential living area
of the existing dwelling or 1,000 square feet, whichever is less.
The ADU shall not be less than 400 square feet.
(4)
The ADU shall meet the following architectural standards:
(a)
Attached ADUs shall be designed to maintain the architectural
design, style, appearance and character of the existing dwelling as
a single-family residence. Such an addition shall be consistent with
the existing facade, roof pitch, siding and windows.
(b)
Detached ADUs (including manufactured dwelling units) shall
be designed to maintain the architectural design, style, appearance
and character of the existing primary dwelling on the lot.
(c)
Applicants shall submit a photo, rendering, or plan depicting
the exterior of the proposed ADU.
(5)
The height of a detached ADU shall not exceed the height of the principal
dwelling unit on the lot.
(6)
Each ADU shall have a kitchen and full bath.
(7)
The applicant shall contact the Adams County Tax Services Office
to obtain an address for the ADU (whether attached or detached), and
the applicant shall provide this information to the Zoning Officer
prior to zoning permit approval.
(8)
The ADU shall be physically connected to and shall share the same
sewage disposal system as the principal dwelling, unless such connection
shall be prohibited by the Sewage Enforcement Officer. If sewage disposal
is provided by an individual on-lot sewer system (whether or not connected
to the system serving the principal dwelling), the applicant shall
demonstrate that the total number of residents of the property does
not exceed the maximum capacity/capacities for which the system(s)
was (were) designed, unless the system(s) shall be suitably expanded.
The applicant shall provide documentation confirming that the Sewage
Enforcement Office has approved the sewage system to serve the ADU.
(9)
The applicant shall record, at the cost of the applicant, a memorandum of the decision of the Zoning Hearing Board granting such special exception. Such recorded memorandum shall indicate that the occupancy of the ADU shall be limited to permitted occupants as stated in § 375-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, that a detached ADU shall be removed when it is no longer used by persons to related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying Zoning District within 180 days.
(10)
All ADUs shall be connected to a public sewer system or an on-lot
septic system as approved by the Township Sewage Enforcement Officer.
(11)
All ADUs shall adhere to the following permitting requirements:
(a)
Zoning Permits for ADUs shall be issued for a period of no longer
than one year and must be renewed at the end of the first term of
issuance and every such period thereafter.
(b)
Renewal of said permits requires inspection of the ADU by the
Zoning Officer or his/her designee.
(c)
If a permit for an ADU is not renewed, all rights granted to
the landowner under such permit expire and the landowner must reapply
for the issuance of a new zoning permit under the then-current standards
for the issuance of such permits.
(d)
Zoning Permits for ADUs shall be renewed when a change of occupancy
is proposed.
C.
Agribusiness operation.
(1)
Minimum lot size shall be 50 acres. Where a lot is comprised of more than one tract, the owner of such tracts shall combine them under a single deed, which will preclude individual tracts being placed in separate ownership without processing a subdivision plan in accordance with Chapter 320, Subdivision and Land Development. The deed shall be recorded in the Adams County Register and Recorders Office, and a copy of such deed shall be included in the applicant's special exception application.
(2)
Setbacks. The following setbacks are required:
(a)
For new agribusiness operations, the structure housing the agribusiness
operation shall be located no closer than 200 feet from any front
property line, or from any public road center line where the subject
property is located on both sides of a public road. The structure
housing the agribusiness operation shall be located no closer than
100 feet from any side or rear property line, no closer than 1,000
feet from any dwelling or water well not owned by the owner of the
agribusiness operation, and no closer than 1,000 feet from any place
of worship or school. For expansions of existing agribusiness operations,
any additional building coverage shall not be located on the property
in such a manner that would increase the degree of nonconformity of
the existing operation, if such nonconformity exists, with the setback
requirements established by this section.
(b)
For new agribusiness operations or expansions of existing agribusiness
operations, any manure storage facility shall be designed, located,
and managed in accordance with the setback requirements established
by the Pennsylvania Nutrient Management Law.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(3)
For new agribusiness operations or expansions of existing agribusiness
operations which require a nutrient management plan in accordance
with the Pennsylvania Manure Management Law,[2] the applicant shall demonstrate that such plan has been prepared and submitted to the Adams County Conservation District for review prior to the special exception hearing of the Zoning Hearing Board. Further, the applicant shall demonstrate that such plan has been approved by the Adams County Conservation District prior to the issuance of the zoning permit in accordance with § 375-115 of this chapter.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(4)
A water supply feasibility report shall be prepared to demonstrate
that sufficient water resources are available to serve the project
without adversely affecting the area's groundwater supplies, specifically
the groundwater supplies serving surrounding properties. The report
shall assess any water quality and water quantity impacts for all
public and private wells within a mile of the proposed agribusiness
operation. The report shall be prepared by a licensed hydrogeologist.
(5)
The applicant shall demonstrate, to the satisfaction of the Zoning
Hearing Board, that its methods of disposing of dead animals are in
strict compliance with applicable standards established by the Pennsylvania
Department of Environmental Protection. Dead turkeys, chickens, poults,
swine, shoats or piglets shall be kept in airtight containers. Larger
dead animals shall be kept in a manner so as to minimize the spread
of odors and disease.
(6)
A land development plan shall be submitted to, and approved by, the local municipality in accordance with Chapter 320, Subdivision and Land Development. If the special exception application required by this section precedes land development plan submission, approval of the land development plan shall be a condition of any special exception approval granted in accordance with this section.
(7)
Areas designed for outdoor storage of pallets, machinery, or other
materials shall be provided a vegetative screen consisting of major
deciduous trees, minor deciduous trees, evergreen trees, and/or shrubs.
Such outdoor storage areas may also be screened by an earthen berm.
The vegetative screen shall be of sufficient height to shield the
storage area from view from public rights-of-way and adjoining properties.
D.
Apartment buildings.
(1)
The maximum number of dwelling units in any apartment building shall
be 12.
(2)
Windows shall constitute a minimum of 25% of the total area of every
external wall.
(3)
Parking for apartment buildings. Off-street parking shall not be
located between the front facade of the building and the adjoining
street right-of-way or access drive. Such parking shall be provided
in one or more of the following locations:
(a)
In a common parking lot located to the rear of the building.
(b)
In a common garage located underneath the building and accessed
from the rear of the building.
(c)
In garage spaces dedicated to individual dwelling units and
accessed from the side or rear of the building.
(d)
A maximum of two access driveways are permitted to provide access
a common parking area from public streets or main internal circulation
driveways.
(4)
Architectural styles and building materials shall be similar to those
found in surrounding residential areas. An architectural rendering
shall be supplied, showing all architectural elements and indicating
construction materials.
(5)
Where an apartment complex comprised of two or more apartment buildings
is proposed, the following additional standards shall apply:
E.
Banks and financial institutions with drive-through service.
(1)
The drive-through facility, including the drive-through lane, automated
teller machine, and/or service window, shall be located to the side
or rear of the financial institution building. In no instance may
any component of the drive-through facility be located in the front
yard.
(2)
Vegetative screening shall be located between all components of the
drive-through facility and any adjoining residential use or any property
in the BC and SR Districts.
(3)
The drive-through facility must have a lane that is dedicated to
the conduct of drive-through business. The lane shall include sufficient
length to allow for stacking of a minimum of six vehicles waiting
for window or automated teller machine service. The stacking area
shall not be used for parking lot circulation aisles or in any way
conflict with parking or vehicle and pedestrian circulation.
F.
Bed-and-breakfast.
(1)
A maximum of 10 guest rooms or suites are permitted in a bed-and-breakfast.
(2)
Meals served at a bed-and-breakfast shall be limited to breakfasts.
(3)
Cooking facilities are prohibited in all guest rooms or suites.
(4)
Common restrooms are permitted in the bed-and-breakfast. If common
restrooms are used, a minimum of one common restroom shall be provided
for every two guest rooms or suites.
(5)
Any required exterior improvements to the building, such as those
required to meet applicable firesafety requirements, shall be located,
to the maximum extent possible, to the rear of the building and shall
not detract from the residential use and character of the building.
(6)
Either the bed-and-breakfast owner or a designated operator shall
maintain a permanent residence within the bed-and-breakfast.
(7)
Permitted accessory uses. Within a bed-and-breakfast, common rooms
may be used for the following purposes: gallery for local artists;
sales of antiques, collectibles, or similar products; sales of locally
produced crafts, artwork, or similar products; or coffee room or tearoom
where coffee, tea, and light refreshments are served. No accessory
use shall be permitted within rooms used as guest rooms. Where a permitted
accessory use is proposed, hours of operation shall be limited to
11:00 a.m. to 6:00 p.m.
(8)
The operator of the bed-and-breakfast must demonstrate that the bed-and-breakfast
is registered with the Adams County Treasurer's office in compliance
with County Ordinance No. 3 of 2012 for the payment of hotel room
rental tax.
G.
Camp.
(1)
All building associated with the camp shall be located at least 50
feet from side and rear property lines and at least 100 feet from
front property lines.
(2)
All recreation facilities associated with the camp shall be located
at least 50 feet from all property lines.
(3)
The "maximum number of guests at a camp" shall be defined as one
guest for every one acre of the parent property where the camp is
located.
(4)
The facilities associated with the camp, including but not limited
to lodging, dining, meeting, and recreation facilities, shall be size
to reflect the maximum permitted number of guests.
(5)
The camp shall include centralized garbage collection facilities.
Said facilities shall be located at least 100 feet from any property
line.
(6)
All water systems and sewage disposal system shall be approved and
maintained in accordance with applicable requirements of the Pennsylvania
Department of Environmental Protection.
H.
Campground.
(1)
All campsites and cabins shall be located at least 50 feet from side
and rear property lines and at least 100 feet from front property
lines.
(2)
All recreation facilities and all accessory uses within a campground
shall be located at least 50 feet from all property lines.
(3)
The maximum number of campsites within a campground shall be five
campsites per acre.
(4)
The campground may include accessory retail or service uses, provided
that such uses are designed and constructed solely to serve the needs
of registered guests of the campground.
(5)
All campsites and all accessory uses within the campground shall
be accessed from an internal access drive system.
(6)
Access drives shall be a minimum of 12 feet in width for one-way
access drives and 20 feet in width for two-way access drives.
(7)
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreation facilities. Such facilities shall
be maintained in safe and usable condition by the campground operator
at all times.
(8)
All campgrounds with 100 or more campsites shall be access from an
arterial or collector road as designated in the Southwest Adams Joint
Comprehensive Plan.
(9)
Parking shall not be permitted on internal access drives. Parking
required for individual campsites shall be incorporated into said
individual campsites. Parking required for accessory uses of the campground
shall be provided within parking lots devoted to said accessory uses.
(10)
The campground shall include an on-site office staffed with
a person or persons responsible for operation of the campground.
(11)
The campground shall include centralized garbage collection
facilities. Said facilities shall be located at least 100 feet from
any property line.
(12)
All water systems, sewage disposal system (including restrooms
and recreational vehicle dump stations) shall be approved and maintained
in accordance with applicable requirements of the Pennsylvania Department
of Environmental Protection.
I.
Child-care facility or group child care.
(1)
An outdoor play area meeting the following standards shall be provided:
(a)
An outdoor play area shall be provided at a rate of 65 square
feet per child.
(b)
Off-street parking lots shall not be used as outdoor play areas.
(c)
Outdoor play areas shall not be located within the front yard.
(d)
Outdoor play areas shall be completely enclosed by a minimum
four-foot-high fence, and screened from adjoining residentially zoned
properties.
(2)
Passenger drop-off and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
(3)
All child-care center or group child-care facilities shall obtain
and maintain proper licensure from the Commonwealth of Pennsylvania.
J.
Conference center.
(1)
Permitted principal uses. The following types of uses shall be authorized
to be included within a conference center:
(3)
The conference center shall be designed such that all buildings shall
a common architectural theme. A common architectural theme shall be
demonstrated through the use of common building proportions and materials
employed for all buildings.
(4)
The conference center may be comprised of one or more buildings within
which the permitted principal uses are located. Permitted accessory
uses shall be located within a building primarily designed to accommodate
the permitted principal uses. In no case shall permitted accessory
uses be permitted to occupy a building not primarily designed for
a permitted principal use.
(5)
The conference center shall be provided with common access drives
and common parking areas designed to serve the entire development.
In no case shall separate access drives and/or separate parking lots
intended to serve individual components of the conference center development
be permitted.
(6)
A pedestrian network shall be provided within the conference center
to connect all permitted principal and permitted accessory uses. The
pedestrian network shall be comprised of sidewalks and/or asphalt
walkways constructed to a minimum width of five feet. The pedestrian
network within a conference center shall be connected to any existing
pedestrian network surrounding the development site to allow for convenient
pedestrian access to services and amenities in close proximity to
the development site.
K.
Continuing care retirement community.
(1)
Permitted uses. The following types of uses shall be authorized to
be included within a CCRC:
(a)
Residential uses. Three forms of residential arrangements shall
be provided within a CCRC. Residential arrangements include independent
living, assisted living, and nursing or skilled units, and may be
provided in accordance with the following.
[1]
Independent living units may be of the single-family detached,
single-family semidetached, or multifamily dwelling unit types.
[2]
Assisted living units may be of the multifamily dwelling unit
type.
[3]
Nursing or skilled units shall be located within a licensed
facility providing medical care and related services.
(b)
Common uses. The following common uses shall be permitted to
be located within a CCRC:
[1]
Dining facilities, including central kitchens and dining areas
for on-site preparation and serving of meals.
[2]
Recreation facilities, including but not limited to activity
rooms, auditoriums, lounges, and libraries.
[3]
Health care facilities, including but not limited to physical
therapy facilities and services, exercise room with equipment, and
swimming pools.
[4]
Retail sales uses intended to serve the residents and employees
of the CCRC, provided that such retail sales uses do not exceed 10%
of the total floor area within the CCRC.
[5]
Personal service uses intended to serve the residents of the
CCRC, provided that such personal service uses do not exceed 5% of
the total floor area within the CCRC.
[6]
Professional office uses intended to serve the residents of
the CCRC, provided that such professional office uses do not exceed
10% of the total floor area within the CCRC. Floor area devoted to
medical or care services offered directly within a nursing or skilled
care facility shall not be included in calculating this percentage.
[7]
Chapels.
(2)
Bulk and area regulations. The following regulations shall be observed
for CCRC developments:
(a)
Maximum development density. The maximum residential density
of a CCRC development shall be defined by the density authorized in
the zoning district where the CCRC development is proposed. The following
weighting factors shall be employed when calculating project density:
(b)
Minimum lot size. The minimum lot size upon which a CCRC development
may be proposed shall be 10 acres.
(c)
Maximum impervious coverage. Maximum impervious coverage for
a CCRC development shall be 65%.
(d)
Maximum building height. Maximum building height shall be defined
by the zoning district where the CCRC development is proposed.
(e)
Building placement. A CCRC development shall be designed as
a campus-like setting. Dimensional requirements are not established
for individual residential or nonresidential use types, provided that
the overall project density requirements established for CCRC developments
are achieved and that the following dimensional requirements for the
CCRC development are applied to the CCRC parcel as a whole:
(3)
Design requirements. A CCRC development shall be subject to the following
design standards:
(a)
Dwelling unit standards. The following standards shall be applied
to all dwelling units within a CCRC development.
[1]
Single-floor dwellings. A minimum of 50% of the dwelling units
within a CCRC development shall provide a single-story living arrangement.
For the purpose of this section, an apartment unit on a second or
third floor shall not be considered to have a single-story living
arrangement unless elevator service is provided. Nursing or skilled
units shall not be included in this calculation.
[2]
Accessible dwellings. A minimum of 25% of the dwelling units
within a CCRC development shall be designed to be accessible to disabled
or handicapped residents.
(b)
Nonresidential use standards. The following standards shall
be applied to all nonresidential uses within a CCRC development:
[1]
All nonresidential uses within a CCRC development shall be located
in a central location within the community. The location of the nonresidential
uses shall be connected to the pedestrian system within the development
and shall be easily accessible for all residents.
[2]
Nonresidential uses may be integrated into buildings devoted
to assisted living units and/or nursing or skilled units.
[3]
Where nonresidential uses are located in a building or buildings
separate from residential buildings, the building(s) with the nonresidential
uses shall have an architectural design that is consistent with and
reflective of the architectural character of the residential buildings
within the CCRC. Architectural renderings shall be submitted to document
the required consistency.
(c)
Pedestrian facilities. A pedestrian network shall be provided
within the CCRC development to connect all dwelling units with all
activity centers, designated open space, and any common facilities.
The pedestrian network shall be comprised of sidewalks and/or asphalt
walkways constructed to a minimum width of five feet. The pedestrian
network shall include benches and shelters at minimum intervals of
500 feet. The pedestrian network within a CCRC development shall be
connected to the existing pedestrian network and facilities surrounding
the development site to allow for convenient pedestrian access to
services and amenities in close proximity to the development site.
(d)
Off-street parking for multifamily dwellings and nonresidential uses shall be provided in a common parking lot located to or rear of the use to which said parking is associated. Parking lots shall meet the design requirements of § 375-82.
(e)
A landscaping plan shall be developed for the entire CCRC development
site. Three planting units shall be provided for every dwelling unit
within a CCRC development. Selected plants shall be native or naturalized
to Pennsylvania. The landscaping plan shall be prepared by a landscape
architect licensed to practice in Pennsylvania. Precise placement
of plant elements is not required. However, the landscaping plan shall
relate to the need to soften views of parking areas, garbage dumpster
sites, and mechanical and utility equipment sites, and shall facilitate
attractive outdoor recreation spaces.
L.
Convenience stores.
(1)
The use shall be located on a lot abutting an arterial street.
(2)
Convenience stores may include fuel pumps and charging stations,
which shall be at least 25 feet from any existing and required future
road right-of-way or 50 feet from the road center line, whichever
is greater.
(3)
Convenience stores may include accessory components such as alcohol
sales in accordance with applicable Pennsylvania Liquor Control Board
regulations, lottery sales, food counter sales, and other uses that
are clearly accessory to the function of the convenience store.
(4)
All services not normally associated with vehicular refueling shall
be performed within a completely enclosed building.
(5)
The outdoor display of products for sale at the establishment shall
not be permitted except for under following conditions:
(a)
Propane tank display, ice machines, and DVD kiosks shall be
permitted year-round.
(b)
The temporary display and sale of flowers shall be permitted
no more than one week before Easter or Mother's Day. The temporary
display and sale of fireworks shall be permitted no more than one
week before the Fourth of July.
(c)
All remnants of these temporary displays and sales, including
but not limited to product, tents, trash receptacles and temporary
signage shall be removed no later than three days following Easter,
Mother's Day or the Fourth of July, respectively.
(d)
The required number of parking spaces for the convenience store
use shall be maintained at all times. Under no circumstances shall
these temporary sale events reduce the available number of parking
spaces below the minimum amount required by this chapter.
(6)
A site circulation plan shall be devised that separates those vehicles
waiting fueling service from those awaiting other services.
(7)
Any canopies over a vehicle fueling area shall share common architectural
characteristics with the principal building, and shall be constructed
with materials used for the principal building. The applicant shall
submit architectural drawings to confirm the common architectural
design and common materials.
(8)
No canopy structure shall be illuminated. Any lighting designed to
illuminate the area beneath the canopy structure shall be flush-mounted.
Light fixtures that extend below the horizontal plane made by the
bottom edge of the canopy shall not be permitted.
M.
Distribution center.
(1)
All operations, excluding truck loading and off-loading, shall be
conducted within an enclosed building. Loading facility doors shall
be closed at all times other than when a truck is loading or off-loading
products.
(2)
There shall be no outdoor storage of products, including packaged
products or products in delivery containers, being processed by the
distribution center.
(3)
Access to the distribution center shall be from a minor arterial
street as identified in the Southwest Adams Joint Comprehensive Plan.
(4)
Any overnight parking area for trucks shall be fully screened from
view from any adjoining residential parcels. Where a fence is used
as part of this screening, landscaping shall be provided along the
outside edge of the fence.
N.
Environmental education center:
(1)
The maximum number of guests at an environmental education center
shall be defined as five guests for every one acre of the parent property
where the environmental education center is located.
[Amended 5-19-2021 by Ord. No. 2021-06]
(2)
The facilities associated with the environmental education center,
including but not limited to classroom and meeting facilities, shall
be sized to reflect the maximum permitted number of guests.
(3)
The retreat center shall include centralized garbage collection facilities.
Said facilities shall be located at least 50 feet from any property
line.
(4)
All water systems and sewage disposal system shall be approved and
maintained in accordance with applicable requirements of the Pennsylvania
Department of Environmental Protection.
O.
Estate lots.
(1)
Living area. A maximum of 1 1/4 acres within an estate lot can
be devoted to a single-family detached dwelling and customary accessory
uses, including manicured lawn area. The living area shall be depicted
on the subdivision plan creating the estate lot, as well as on any
exhibit submitted for special exception review.
(2)
The living area shall be located in an area free of sensitive environmental
features including, at a minimum, floodplains, wetlands, slopes in
excess of 12%, and areas of prime agricultural soil as designated
by the Adams County Soil Survey.
(3)
Disturbance to existing woodlands, hedgerows, mature tree stands,
and other significant vegetation shall be minimized.
(4)
The portion of the estate lot exclusive of the living area shall
be included in meeting the open land requirements of the zoning district
where the estate lot is proposed.
(5)
Subdivision plans proposing a lot addition to a single-family detached
residential lot of less than five acres, and where the size of the
parcel including the lot addition equals or exceeds five acres, but
is less than 25 acres, shall be approved as an estate lot in conformance
with the requirements of this section.
P.
Events venue.
(1)
The events venue shall be of a scale and intensity so that the use
is compatible with existing or proposed uses on adjacent parcels,
or in the immediate vicinity. Adequate setbacks and buffers must be
provided so as to prevent adverse impacts on adjoining parcels.
(2)
For any events venues in the OS, LC, and AP Districts, or for any
events venue located on agricultural or formerly agricultural lots,
the use shall not interfere with the ability of the property to return
to agricultural use in the future.
(3)
Minimum lot size. The minimum lot size required for an events venue
depends on the zoning district where the events venue is proposed,
in accordance with the following:
(4)
Maximum floor area. The maximum floor area for all permanent structures
associated with the events venue depends on the zoning district where
the events venue is proposed, in accordance with the following:
(5)
Setbacks. The minimum setback for all permanent structures, parking,
loading, and other outdoor use areas associated with the events venue
depends on the zoning district where the events venue is proposed,
in accordance with the following.
(6)
Off-street parking for the events venue shall be provided in accordance with § 375-81S and shall be designed and installed in accordance with the requirements applicable to the zoning district where the events venue is proposed.
(7)
Events and activities must cease by 11:00 p.m. on Friday and Saturday,
and 9:00 p.m. Sunday through Thursday.
(8)
The events venue shall be connected to a public sewer system or to
an on-lot septic system as approved by the Township Sewage Enforcement
Officer. In the case of connection to an on-lot septic system, such
approval by the Sewage Enforcement Office shall be a condition of
special exception by the Zoning Hearing Board if such approval has
not been obtained by the applicant prior to the special exception
public hearing.
(9)
The Zoning Hearing Board shall have the authority, in accordance with § 375-111D, to limit hours of operation, limit the number of events per year, limit the number of attendees, require additional setbacks or buffering, and similar conditions to mitigate potential negative impacts of the proposed events venue on surrounding properties.
Q.
Farm equipment sales facility.
(1)
A minimum lot area of two acre and lot width of 200 feet shall be
required.
(2)
No outdoor storage of equipment is permitted within 50 feet of the
right-of-way line or 25 feet of the side or rear property lines.
(3)
A land development plan shall be approved in accordance with applicable requirements of Chapter 320, Subdivision and Land Development. If the special exception application required by this section precedes land development plan submission, approval of the land development plan shall be a condition of any special exception approval granted in accordance with this section.
R.
Farm market and/or agricultural tourism.
(1)
A farm market shall be intended to offer for sale primarily agricultural
products produced either on the farm where the farm market is located
or on other farms located within Adams County, as well as other agriculturally
related products. A minimum of 25% of the sales from the farm market
shall be agricultural or agriculturally related products produced
either on the farm or on surrounding farms within Adams County. A
maximum of 75% of the sales from the farm market may be from products
produced outside Adams County.
(2)
Agricultural tourism is deemed to include a variety of activities
designed to provide recreation, entertainment, education, and/or tourism
opportunities within an agricultural setting. Agricultural tourism
includes hay rides; corn or hay mazes; petting zoos comprised of farm
animals; farm tours; historical or living history farms; farm museums;
U-pick operations; tree farms; wineries, cideries, breweries, and
distilleries (with tasting rooms and sales areas) that produce products
derived from crops grown on the farm or on surrounding farms, or other
operations deemed by the Zoning Hearing Board, upon Planning and Zoning
Commission review and recommendation, to be of the same general nature
as the above uses. Agricultural tourism uses may be operated as a
stand-alone use or as an accessory use to a farm market.
(3)
The owner of the farm market/agricultural tourism use shall be the
owner of the farm upon which the farm market/agricultural tourism
use is located.
(4)
Farm market and agricultural tourism uses shall be located on a farm
or on a property of at least five acres in size on which agricultural
products are grown or produced.
(5)
The maximum floor area of any structure devoted to a farm market/agricultural
tourism use shall be 15,000 square feet of publicly accessible sales
activity area.
(6)
Within the Agricultural Preservation (AP) District, a farm market and/or agricultural tourism use shall contribute to the total number of uses or lots that may be developed on a property in accordance with the scale established in § 375-22A of this chapter.
(7)
Off-street parking and loading for farm markets and agricultural tourism uses shall be provided and designed in accordance with applicable requirements of Article XIX of this chapter. The amount of off-street parking for agricultural tourism uses to be provided shall be determined by the Zoning Hearing Board in accordance with testimony provided by the applicant regarding the anticipated volume of customer traffic associated with the agricultural tourism use.
S.
Farm-related business.
(2)
The owner or other person having primary interest in the farm-related
business shall be a full-time resident of the farm where the farm-related
business is proposed to be located.
(3)
No more than four persons, other than residents of the farm, shall
be employed in the farm-related business on a full-time basis. During
peak business periods, no more than five additional persons, other
than residents of the farm, shall be employed in the farm-related
business on a part-time basis, provided that sufficient off-street
parking, meeting the applicable requirements of this chapter, is provided
for all employees on the site.
(4)
The portion of the farm devoted to all farm-related business shall
not exceed two acres or 10% of the area of the farm, whichever is
less.
(5)
The maximum floor area of any structure devoted to a farm-related
business shall not exceed 5,000 square feet.
(6)
The proposed use shall be conducted entirely within an enclosed building.
Outdoor display of products or merchandise shall be prohibited, except
for plant nurseries and specialty food sales.
(7)
Sale of food items or specialty products shall be limited to those
produced on the premises and products relating to services performed
on the premises.
T.
Farm stand.
(1)
The farm stand structure where agricultural products are sold shall
not exceed 1,000 square feet in area. Sale of agricultural products
from a structure in existence prior to the effective date of this
chapter shall be exempted from this requirement.
U.
Farm worker housing.
(1)
The occupants of the farm worker housing facility shall be employed
as laborers on the farm or agricultural operation where the farm worker
housing facility is located.
(2)
The owner of the property shall not lease the farm worker housing
facility dwelling unit(s) to persons not employed by the farm or agricultural
operation.
(3)
The owner of the property shall maintain the farm worker housing
facility in compliance with any applicable Pennsylvania Department
of Agriculture requirements or other state requirements for farm labor
housing.
V.
Food trucks.
(1)
Application. This section shall apply to food trucks conducting normal,
day-to-day operations. This section shall not apply to food trucks
that may set up as a part of a special event, festival, or similar
occurrence.
(2)
Location. Food trucks shall be located on private, nonresidential
properties, and in accordance with the following standards:
(a)
Food trucks shall not be placed within public rights-of-way.
(b)
Food trucks shall not be placed within an entrance/exit driveway,
or within a circulation drive on the site.
(c)
Food trucks, including accessory customer parking and customer
seating for food trucks, may be placed within parking spaces of a
parking lot or within loading spaces, provided that the use of the
parking or loading spaces by the food truck does not result in there
being less than the minimum required parking or loading spaces for
the principal use of the property.
(3)
Authorization of property owner. The owner of the property hosting
the food truck shall provide express written consent for such use.
The written consent shall be kept with the food truck at all times
of operation.
(4)
Food trucks shall be licensed by the Pennsylvania Department of Agriculture.
Said license shall be displayed at all times of operation.
(5)
Food trucks shall provide waste and recycle bins, which shall be
removed by the operator at the close of each business day. The operator
shall be responsible for picking up of all papers, wrappers, bottles
or other refuse dropped by customers of the food truck.
(6)
Signs. A business sign for the food truck is permitted in accordance
with the following standards:
W.
Group home.
(1)
The provider and the structure shall be permitted and licensed by
the appropriate county and/or state agencies and shall comply with
all applicable rules and regulations. Copies of said permits and licenses
shall be submitted as a component of the zoning permit application.
(3)
There shall be twenty-four-hour resident supervision by people qualified
by training and experience in the field for which the group home is
intended.
(4)
Any medical or counseling services provided shall be done so only
for residents.
(5)
There shall be no alteration to the outside of the structure that
would alter the residential character of the dwelling, be inconsistent
with the basic architecture styles of the surrounding neighborhood,
or be otherwise incompatible with surrounding dwellings.
X.
Heavy industrial uses.
(1)
Proposed heavy manufacturing uses shall provide to the Township copies
of all applicable state and federal emission, disposal, operation,
transportation and other permits required by state and/or federal
law before a zoning permit will be issued.
(2)
The outdoor storage of raw or finished materials or products shall
be permitted, provided that all materials and/or products are fully
screened from view from all nonresidential parcels. Where a fence
is used as part of this screening, landscaping shall be provided along
the outside edge of the fence.
(3)
Materials shall not be piled or stacked higher than the screening,
landscaping and/or fence.
(4)
Where the site abuts a residential zone or district permitting residential
use, the building wall facing such lots shall not have any service
door openings or loading docks oriented toward the residential zone.
Y.
Homestay.
(1)
The maximum number of guest room or suite permitted within a homestay
shall be established as follows:
(a)
For homestays on a property of less than one acre, only one
guest room or suite shall be permitted.
(b)
For homestays on a property of one acre to five acres, two guest
rooms or suites shall be permitted.
(c)
For homestays on a property exceeding five acres, any number
of guest rooms or suites may be provided.
(2)
Any proposed homestay shall be compatible with the neighborhood in
which it is located in terms of landscaping, scale, and architectural
character. The use shall be harmonious and compatible with the existing
uses within the neighborhood.
(3)
The operator of the homestay shall be the owner of the dwelling and
permanently reside on the premises.
(4)
Guest rooms or suites shall meet current minimum room size and related
dimensional requirements as may be defined in the Pennsylvania Uniform
Construction Code, or similar applicable code.
(5)
The operator of the homestay must demonstrate that the homestay is
registered with the Adams County Treasurer's office in compliance
with County Ordinance No. 3 of 2012 for the payment of hotel room
rental tax.
Z.
Home occupations.
(1)
A home occupation is deemed to include, but is not necessarily limited
to, the following types of occupations: barber; hairdresser; dressmaker;
milliner; professional office of attorney, architect, landscape architect,
community planner, engineer, accountant, physician, dentist, realtor,
insurance agent, clergyman, teacher, artist, horticulturist, or surveyor;
clerical, typing and/or word processing services; family child care,
specialty homemade food products, which require licensing for home
production by a state and/or local health agency; and appliance repair,
provided that no work may be performed out of doors and no appliances
may be stored out of doors. Other occupations in addition to those
listed above may be considered to be home occupations, provided it
is determined that such occupations are of the same general character
as those occupations listed above.
(2)
The person conducting the home occupation shall reside within the
dwelling located on the lot.
(3)
No more than two persons other than family members who reside within
the dwelling may be employed by the home occupation.
(4)
No more than 25% of the livable floor area of the dwelling may be
devoted to the home occupation. Where the home occupation is operated
either fully or partially within an accessory building on the lot,
no more than 500 square feet of floor area in the accessory building
may be devoted to the home occupation use. The applicant shall submit
floor plans of the dwelling or the accessory building devoted to home
occupation use. Said floor plans shall clearly depict the portion
of the building devoted to home occupation use.
(5)
The dwelling or accessory building in which the home occupation is
conducted shall retain a residential design and character. The applicant
shall submit photographs of the existing building and shall submit
architectural drawings of said building if an addition is proposed
in support of the home occupation use. Said photographs and/or architectural
drawings shall demonstrate that residential design and character will
be retained.
(6)
For family child care, the following additional standards shall be
applied:
(a)
An outdoor play area meeting the following standards shall be
provided:
[1]
An outdoor play area shall be provided at a rate of 65 square
feet per child.
[2]
Off-street parking lots shall not be used as outdoor play areas.
[3]
Outdoor play areas shall not be located within the front yard.
[4]
Outdoor play areas shall be completely enclosed by a minimum
four-foot-high fence, and screened from adjoining residentially zoned
properties.
(b)
Family child-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
AA.
Infill development.
(1)
The infill development shall be comprised of a use (or mixture
of uses where permitted) that is permitted in the underlying zoning
district.
(2)
The infill development building shall be oriented to the front
of the lot and along a public street.
(3)
Entrances to nonresidential uses within the infill development
building shall be located along a public street. Nonresidential use
access may be taken from either a single entrance that serves two
or more nonresidential uses, or may be taken from individual entrances.
Where the infill development building is located on a corner lot,
the nonresidential entrance or entrances shall be located along the
street to which the property is addressed.
(4)
Entrances to residential uses may be located at any location,
provided the following standards are met.
(a)
No residential entrance shall be located in a manner that requires
the residential occupant to have walk through another use to access
the entrance to the dwelling unit. This provision does not preclude
internal foyer access to multiple units.
(b)
Any residential entrance not located along the front of the
infill development building shall be connected to the public sidewalk
at the front of the building by an access sidewalk.
(5)
The height of an infill development building shall be within
10% of the average building height of the buildings immediately surrounding
the site, provided that the infill development building is a minimum
of two stories.
BB.
Junkyard. All applications for junkyards shall comply with Chapter 216, Junkyards, as may be amended, of the Hamiltonban Township Code.
CC.
Landfills.
(1)
The landfill use shall be properly permitted through the Pennsylvania
Department of Environmental Protection. Receipt of required state
permitting shall be a condition of any approval authorized within
the context of this chapter.
(2)
Site access.
(a)
The landfill use shall be accessed from a paved road that connects
the operation to an arterial road as defined in the Southwest Adams
Joint Comprehensive Plan.
(b)
The pavement of the connecting road shall be no less than three
inches thick, and the connecting road shall be no less than 20 feet
in width.
(c)
All truck and equipment traffic to and from the landfill use
shall use this connecting road.
(d)
A maintenance bond of 50% of the full cost of repaying the extent
of the connecting road used by the landfill operation shall be provided
to the Township in a form approved by the Board of Supervisors. In
lieu of a maintenance bond, an escrow account may be established,
based on an agreement approved by the Board of Supervisors, to deposit
funding sufficient to cover 50% of the full cost of repaving the connecting
road. The Zoning Officer shall confirm the establishment of either
the maintenance bond or the escrow account prior to approving any
zoning permit to allow the establishment or expansion of a landfill
use. The amount of the maintenance bond or escrow account shall be
reviewed annually by the Township and adjusted when necessary to ensure
that 50% of the repaving cost of the connecting road continues to
be available.
(3)
No component of the landfill operation may be conducted within
300 feet of any right-of-way line of a public road. No component of
the landfill operation may be conducted within 500 feet of any principal
building on surrounding properties.
(4)
Vegetative screening shall be provided along all property boundaries
and along all road rights-of-way adjoining the property where the
landfill use is conducted. Said screening shall be provided by one
of the following two means:
(a)
A minimum of three rows of trees, shrubs, or other vegetation
shall be planted to produce the effective visual screen. No less than
50% of such plantings shall be evergreen plantings.
(b)
At least two different species of trees, shrubs, or other vegetation
shall be used. Selected plants shall be native or naturalized to Pennsylvania.
Selected species shall be tolerant to insects and diseases common
in the area.
(c)
The plantings shall be capable of producing an effective visual
screen of at least 10 feet in height within five years of planting.
(d)
Replacement of plantings that die shall occur for as long as
the landfill use remains in operation.
(e)
Existing forest may be used in lieu of vegetative screening,
provided that said forest provides the same degree of visual screening
as the otherwise required plantings.
(5)
Security.
(a)
Fencing shall be provided at all vehicle access points to the
landfill operation.
(b)
Gates that can be locked to prevent unauthorized entry to the
landfill operation during times of nonoperation shall be provided.
(c)
Security lighting shall be required at all vehicle access points.
This shall include, but is not limited to, the front gate, the scale
house, and any other points of public entry.
(d)
Warning signs identifying the nature of the landfill operation
shall be conspicuously posted around the perimeter of the operation.
(6)
Operation plan. An operation plan shall be submitted that includes
the following components:
(a)
Procedures to be followed to maintain compliance with all applicable
Pennsylvania Department of Environmental Protection rules and regulations.
This component must address, at a minimum, the procedures to address
erosion and sedimentation control, protection of groundwater and surface
water quality, and site closing and reclamation upon completion of
the landfill use.
(b)
A schedule of operational hours. Such schedule shall demonstrate
that no component of the operation shall occur between the hours of
6:00 p.m. and 7:00 a.m., prevailing time.
(c)
Procedures for the removal of mud, debris, or refuse from any
public road resulting from traffic entering or exiting the landfill
site. Such mud or debris shall be removed at the end of each working
day, or more frequently if needed during the working day. At a minimum,
the landfill use shall include a wash-down facility of other similar
facility to remove mud, debris, or refuse from any vehicle existing
the landfill site to a public road.
(7)
Any special exception approval for a landfill shall include
a condition that the application receive all applicable Pennsylvania
Department of Environmental Protection approvals and any similar state
approvals. Further, such approvals shall be obtained by the applicant
before any zoning permit approval for the landfill use is approved.
DD.
Medical marijuana dispensary.
(1)
The medical marijuana dispensary must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(2)
The medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building.
(3)
The medical marijuana dispensary may not operate on the same
site as a medical marijuana grower/processor facility.
(4)
The medical marijuana dispensary shall have a single secure
public entrance and shall implement security measures to prevent the
theft of marijuana and to prevent the unauthorized entrance into areas
containing medical marijuana.
(6)
The medical marijuana dispensary shall prohibit the administration
of, or the consumption of, medical marijuana on the premises.
(7)
The medical marijuana dispensary may not be located within 1,000
feet of the property line of an educational institution or a day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted or proposed to be conducted, to the closest
property line of the protected use, regardless of municipality in
which it is located.
(8)
The medical marijuana dispensary shall be separated by a minimum
distance of 1,000 feet from any other medical marijuana dispensary.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the medical
marijuana dispensary is conducted or proposed to be conducted, regardless
of municipality in which it is located.
EE.
Medical marijuana grower/processor.
(1)
The medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(2)
The medical marijuana grower/processor may only grow medical
marijuana in an indoor, enclosed, and secure building which includes
electronic locking systems, electronic surveillance and other features
required by the Pennsylvania Department of Health.
(3)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy and shall not be placed within any unsecure exterior refuse
containers.
(4)
The medical marijuana grower/processor shall provide only wholesale
products to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is prohibited at medical
marijuana grower/processor facilities.
(5)
The medical marijuana grower/processor may not be located within
1,000 feet of the property line of an educational institution or a
day-care center. This distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(6)
A water supply feasibility report, prepared in accordance with § 320-33 of Chapter 320, Subdivision and Land Development, shall be prepared to demonstrate that sufficient water resources are available to serve the proposed use. In addition to meeting all requirement of § 320-33 of Chapter 320, Subdivision and Land Development, the report shall assess any water quality and water quantity impacts for all public and private wells within a mile of the proposed medical marijuana grower/processor facility. The report shall be prepared by a licensed hydrogeologist.
FF.
Medical marijuana transport vehicle service.
(1)
Any medical marijuana storage, including temporary storage,
at a medical marijuana transport vehicle service facility shall be
secured to the same level as that for a medical marijuana grower/processor
facility.
(2)
Transport vehicles associated with a medical marijuana transport
vehicle service shall be equipped with a locking cargo area.
(3)
Transport vehicles associated with a medical marijuana transport
vehicle service shall have no markings that would identify the vehicle
as being used to transport medical marijuana.
GG.
Mixed-use buildings.
(1)
Entrances to nonresidential uses within a mixed-use property
building shall be located along a public street. Nonresidential use
access may be taken from either a single entrance that serves two
or more nonresidential uses, or may be taken from individual entrances.
Where the infill development building is located on a corner lot,
the nonresidential entrance or entrances shall be located along the
street to which the property is addressed.
(2)
Entrances to residential uses in a mixed-use property building
may be located at any location, provided the following standards are
met:
(a)
No residential entrance shall be located in a manner that requires
the residential occupant to have walk through another use to access
the entrance to the dwelling unit. This provision does not preclude
internal foyer access to multiple units.
(b)
Any residential entrance not located along the front of the
mixed-use property building shall be connected to the public sidewalk
at the front of the building by an access sidewalk.
HH.
Mobile home parks. All applications for mobile home parks shall comply with the design and performance standards for mobile home parks as established in Chapter 320, Subdivision and Land Development (Ordinance No. 2012-07, as amended).
II.
No-impact home-based businesses.
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process,
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
JJ.
Produce stand.
(1)
The produce stand structure from which agricultural products
are sold shall not exceed 500 square feet in area. Sale of agricultural
products from a structure in existence prior to the effective date
of this chapter shall be exempted from this requirement.
KK.
Recycling facility.
(1)
All operations, including collection, shall be conducted within
an enclosed building. Access doors for trucks shall be closed at all
times other than when a truck is off-loading materials to be recycled
or onloading process materials.
(2)
There shall be no outdoor storage of materials collected, used,
or generated by the recycling facility.
(3)
The operator shall document with the Township a written explanation
describing the scope of the operation and the measures to be used
to mitigate any problems associated with noise, fumes, dust, or litter.
Such written explanation shall include a detailed explanation of site
maintenance and stray debris collection.
(4)
Access to the recycling facility shall be from a roadway classified
as no less than a minor arterial street as identified in the Southwest
Adams Joint Comprehensive Plan.
(5)
Any special exception approval for a recycling facility shall
include a condition that the application receive all applicable Pennsylvania
Department of Environmental Protection approvals and any similar state
approvals. Further, such approvals shall be obtained by the applicant
before any zoning permit approval for the use is approved.
LL.
Rental storage.
(1)
The minimum aisle width between buildings shall be 24 feet.
(2)
Aisles shall be designed to enable large vehicle movement through
the site. The applicant shall submit a graphic depicting truck turning
movements to demonstrate that large vehicles can move through the
site without contacting buildings or being forced to make reverse
movements.
(3)
Aisles shall be paved. Suitable paving material shall be asphalt
or concrete.
(4)
Storage of explosive, radioactive, toxic, highly flammable,
or otherwise hazardous materials shall be prohibited.
(5)
No business or other activity other than leasing of storage
units shall be conducted on the premises.
(6)
All storage shall be within closed buildings built on a permanent
foundation of durable materials. Trailers, box cars or similar impermanent
or movable structures shall not be used for storage.
(7)
Outdoor vehicle storage is permitted and shall comply with the
following requirements:
(a)
Outdoor vehicle storage shall be screened to prevent view from
adjacent streets, residential uses, or land within the VC or SR Districts.
(b)
A maximum of 20% of the total site area may be used for outdoor
vehicle storage.
(c)
Stored vehicles shall not interfere with traffic movement through
the facility.
(8)
The facility shall be surrounded by a fence of at least six
feet but not more than eight feet in height.
(9)
Lighting shall be arranged so as to prevent direct view of the
light source from adjoining properties and/or public rights-of-way.
(10)
A landscaped buffer of no less than 10 feet in width shall be
provided around the perimeter of the facility. At least one major
deciduous tree shall be planted for every twenty-foot segment of the
buffer.
MM.
Resource extraction.
(1)
The resource extraction use shall be properly permitted through
the Pennsylvania Department of Environmental Protection. Receipt of
required state permitting shall be a condition of any approval authorized
within the context of this chapter.
(2)
Site access.
(a)
The resource extraction use shall be accessed from a paved road
that connects the operation to an arterial road as defined in the
Southwest Adams Joint Comprehensive Plan.
(b)
The pavement of the connecting road shall be no less than three
inches think, and the connecting road shall be no less than 20 feet
in width.
(c)
All truck and equipment traffic to and from the resource extraction
use shall use this connecting road.
(d)
A maintenance bond of 50% of the full cost of repaving the extent
of the connecting road used by the resource extraction operation shall
be provided to the Township in a form approved by the Board of Supervisors.
In lieu of a maintenance bond, an escrow account may be established,
based on an agreement approved by the Board of Supervisors, to deposit
funding sufficient to cover 50% of the full cost of repaving the connecting
road. The Zoning Officer shall confirm the establishment of either
the maintenance bond or the escrow account prior to approving any
zoning permit to allow the establishment or expansion of a resource
extraction use. The amount of the maintenance bond or escrow account
shall be reviewed annually by the Township and adjusted when necessary
to ensure that 50% of the repaving cost of the connecting road continues
to be available.
(3)
No component of the resource extraction operation, other than
borrow pits for highway construction purposes, may be conducted within
the following areas:
(a)
Within 100 feet of any right-of-way line of a public road.
(b)
Within 300 feet of any occupied dwelling or any commercial or
industrial building unless released by the owner thereof.
(c)
Within 300 feet of any public building, school, community, or
institutional building.
(d)
Within 300 feet of a public park.
(e)
Within 100 feet of a cemetery.
(f)
Within 100 feet of the bank of a perennial or intermittent stream.
(4)
Screening shall be provided along all property boundaries and
along all road rights-of-way adjoining the property where the resource
extraction use is conducted. Said screening shall be provided by one
of the following two means:
(a)
Vegetative screening.
[1]
A minimum of three rows of trees, shrubs, or other vegetation
shall be planted to produce the effective visual screen. No less than
50% of such plantings shall be evergreen plantings.
[2]
At least two different species of trees, shrubs, or other vegetation
shall be used. Selected species shall be tolerant to insects and diseases
common in the area.
[3]
The plantings shall be capable of producing an effective visual
screen of at least 10 feet in height within five years of planting.
[4]
Replacement of plantings that die shall occur for as long as
the resource extraction use remains in operation.
[5]
Existing forest may be used in lieu of vegetative screening,
provided that said forest provides the same degree of visual screening
as the otherwise required plantings.
(b)
Earthen mounds.
[1]
Such mounds shall be located no closer than 50 feet from a property
line or any road right-of-way line.
[2]
Such mounds shall be no less than 20 feet nor more than 40 feet
in height.
[3]
Such mounds shall be seeded to provide a grass or comparable
vegetative cover within one growing season. In no case will the use
of a bare dirt or rock mound be authorized.
(5)
Security. The following security measures shall be applied at
the resource extraction site:
(a)
Fencing. Fencing shall be established around the perimeter of the site. The fencing shall be located behind the vegetative or earthen mound screening required by § 375-80MM(4). The fencing shall be a minimum of six feet in height, and be constructed of wire mesh fabric with a top strand of barbed wire.
(b)
Gates. All access points to the resource extraction use shall
be provided with gates that can be locked to prevent unauthorized
entry during periods of nonoperation.
(c)
Warning signs identifying the nature of the resource extraction
operation shall be conspicuously posted around the perimeter of the
operation.
(6)
Operation plan. An operation plan shall be submitted that includes
the following components:
(a)
Procedures to be followed to maintain compliance with all applicable
Pennsylvania Department of Environmental Protection rules and regulations.
This component must address, at a minimum, the procedures to address
erosion and sedimentation control, protection of ground and surface
water quality, and site closing and reclamation upon completion of
the resource extraction use.
(b)
A schedule of operational hours. Such schedule shall demonstrate
that any required blasting shall be confined between the hours of
8:00 a.m. and 5:00 p.m., prevailing time.
(c)
Procedures for the removal of mud or debris from any public
road resulting from traffic entering or exiting the resource extraction
site. Such mud or debris shall be removed at the end of each working
day, or more frequently if needed during the working day.
(d)
Dust control.
[1]
Access drives internal to the resource extraction site shall
be maintaining with a dustless surface from any intersection with
a public road right-of-way to a point no less than 100 feet from said
public road right-of-way.
[2]
Stockpiling of materials shall be located and conducted in a
manner that prevents dust from blowing onto adjacent properties.
(7)
Any special exception approval for a resource extraction use
shall include a condition that the application receive all applicable
Pennsylvania Department of Environmental Protection approvals and
any similar state approvals. Further, such approvals shall be obtained
by the applicant before any zoning permit approval for the use is
approved.
NN.
Restaurants with drive-through service.
(1)
The drive-through facility, including the drive-through lane,
ordering intercom or window, and product delivery window shall be
located to the side or rear of the restaurant building. In no instance
may any component of the drive-through facility be located in the
front yard.
(2)
Vegetative screening shall be located between all components
of the drive-through facility and any adjoining residential use or
any property in the OS, LC, RR, AP, SR, VM, and V Districts.
(3)
The drive-through facility must have a lane that is dedicated
to the conduct of drive-through business. The lane shall include sufficient
length to allow for stacking of a minimum of eight vehicles waiting
to place an order. The lane shall include sufficient length to allow
for stacking of a minimum of two vehicles waiting to receive an order.
The stacking area shall not be used for parking lot circulation aisles
or in any way conflict with parking or vehicle and pedestrian circulation.
OO.
Retail sales with drive-through service.
(1)
The drive-through facility, including the drive-through lane
and/or service window, shall be located to the side or rear of the
retail store building. In no instance may any component of the drive-through
facility be located in the front yard.
(2)
Vegetative screening shall be located between all components
of the drive-through facility and any adjoining residential use or
any property in the OS, LC, RR, AP, SR, VM, and V Districts.
(3)
The drive-through facility must have a lane that is dedicated
to the conduct of drive-through business. The lane shall include sufficient
length to allow for stacking of a minimum of four vehicles waiting
for window service. The stacking area shall not be used for parking
lot circulation aisles or in any way conflict with parking or vehicle
and pedestrian circulation.
PP.
Retreat center.
(1)
All building associated with the retreat center shall be located
at least 50 feet from side and rear property lines and at least 100
feet from front property lines.
(2)
All recreation facilities associated with the retreat center
shall be located at least 50 feet from all property lines.
(3)
The maximum number of guests at a retreat center shall be defined
as one guest for every two acres of the parent property where the
camp is located.
(4)
The facilities associated with the retreat center, including
but not limited to lodging, dining, meeting, and recreation facilities,
shall be size to reflect the maximum permitted number of guests.
(5)
The retreat center shall include centralized garbage collection
facilities. Said facilities shall be located at least 100 feet from
any property line.
(6)
All water systems and sewage disposal system shall be approved
and maintained in accordance with applicable requirements of the Pennsylvania
Department of Environmental Protection.
QQ.
Shopping center.
(1)
The shopping center shall operate under unified management,
which shall have sole responsibility for operation and maintenance
of the shopping plaza.
(2)
The shopping center shall be designed with a unified architectural
theme. Consistent building dimensions, materials, and rooflines shall
be proposed for all uses within the shopping center.
(3)
The primary entrance to the shopping center shall be provided
from a roadway with a classification no less than a minor arterial
street as identified in the Southwest Adams Joint Comprehensive Plan.
(4)
An internal pedestrian system shall be designed that will enable
customers to move from any tenant within a shopping center to any
other tenant without having to traverse vehicle parking spaces, parking
space aisles, loading areas, or other nonpedestrian areas.
RR.
Single-family attached dwellings.
(1)
No building within which single-family attached dwellings are
proposed shall include more than six dwelling units.
(2)
In addition to the setback and yard requirements of the underlying
zoning district, buildings within which a single-family attached dwelling
are proposed shall meet the following building separation requirements:
(3)
Within any building within which single-family attached dwellings
are proposed, no individual dwelling unit shall have a building footprint
placed at the same distance from the front lot line, the street line,
access drive line, or other feature defining the front of the dwelling
as an adjoining individual dwelling. The building footprint of adjacent
dwellings shall vary by no less than two feet and no more than four
feet to create a "staggered" appearance of the individual dwelling
units. Further, the roof plane shall vary from dwelling unit to dwelling
unit in a manner consistent with the variation in the location of
the front and rear of the building footprint.
(4)
There shall be, for any building within which single-family
attached dwellings are proposed, at least three different architectural
plans having substantially different designs, building materials,
and exterior and floor elevations.
(5)
All single-family attached dwellings shall comply with the following
architectural requirements:
(a)
Windows shall constitute a minimum of 25% of the total area
of every front and rear wall, and 10% of the total area of every side
wall.
(b)
A minimum roof pitch of no less than 4/12 shall be used.
(c)
Eaves shall be provided on all buildings within which single-family
attached dwellings are proposed. The use of eaves in coordination
with additional architectural features, such as dentils, brackets,
and decorative moldings, is strongly encouraged.
(d)
An architectural feature, such as but not limited to vertical
bands, shall be used to delineate the individual dwelling units of
a building consisting of single-family attached dwellings. In no event
shall the building facade transition from one dwelling unit to another
without a distinct visual or architectural break between the two units.
(6)
On any building within which single-family attached dwellings
are proposed, all individual dwelling units shall share a common roof
shingle material and color.
(7)
Parking. Off-street parking shall be located in accordance with
the following requirements:
(a)
In a common parking lot located to the rear of the building.
(b)
In a common garage located underneath the building and accessed
from the rear of the building.
(c)
In garage spaces dedicated to individual dwelling units and
accessed from the side or rear of the building.
(d)
The only exception to this standard will be for a quadplex or
similar form of single-family attached dwelling. In this case only,
a parking space for one of the units within the building may be accessed
from the front of the overall building.
SS.
Solar energy production facility.
(1)
The facility shall receive land development plan approval from the Township in accordance with Chapter 320, Subdivision and Land Development. Should special exception review of the facility occur prior to land development plan submission, and special exception approval shall include a condition that the applicant achieve land development plan approval.
(2)
The structures comprising the facility shall be constructed
and located in a manner so as to minimize the necessity to remove
existing trees upon the lot. In no event shall wooded acreage comprising
more than 2% of the deeded acreage of the lot be removed.
(3)
No portion of the facility, exclusive of access driveways to
the facility, shall be located within the Airport Overlay (AO) District
of this chapter.
(4)
No portion of the facility, exclusive of access driveways to
the facility, shall be located within the Floodplain Overlay (FO)
District of this chapter. No portion of the facility, including access
driveways to the facility, shall be located within a designated wetland.
(5)
The location of solar arrays and all other accessory structures
and buildings shall be subject to fifty-foot setbacks from all property
lines, or to the setback requirements of the underlying zoning district,
whichever is greater.
(6)
Solar arrays shall not exceed 20 feet in height. For fixed solar
arrays, height shall be measured at the highest point of the solar
array above ground level. For solar arrays designed to be able to
change the angle of the individual solar panels, height shall be measured
with the solar array oriented at maximum tilt.
(7)
The facility shall be subject to the maximum lot coverage standard
of the underlying zoning district within which the facility is proposed.
The total surface area of all solar arrays shall be considered as
lot coverage. For fixed solar arrays, total surface area shall be
measured as the ground area directly under the solar array in its
installed condition. For solar arrays designed to be able to change
the angle of individual solar panels, total surface area shall be
measured as the ground area directly under the solar array when oriented
parallel to the ground.
(8)
The facility shall not be artificially illuminated except to
the extent required by safety or by any applicable federal, state
or local authority.
(9)
On-site power collection lines shall be installed underground.
(10)
The facility shall be enclosed by a fence, barrier, or similar
structure with a minimum height of eight feet to prevent or restrict
unauthorized persons or vehicles from entering the property.
(11)
Clearly visible warning signs shall be placed on the required
fence, barrier, or similar structure to inform individuals of potential
voltage hazards.
(12)
A twenty-five-foot wide, densely planted, landscaped buffer
shall be installed around the outside of the required fence, barrier,
or similar structure. Such buffer shall meet the following requirements:
(a)
The landscaped buffer shall include a combination of evergreen
trees, deciduous trees, and shrubs, arranged in a manner to replicate
a natural woodland.
(b)
The evergreen trees and the deciduous trees shall not be a lesser
height than that of the solar array(s) at time of planting.
(c)
All trees and shrubs shall be native to Pennsylvania.
(d)
Should the facility be located next to an existing wooded area
with a width that exceeds the buffer width requirement of this section,
the existing wooded area may be considered to be the required landscaped
buffer.
(13)
The facility shall be designed and located in order to prevent
reflective glare toward any inhabited buildings on adjacent properties
as well as toward any adjacent street rights-of-way.
(14)
The facility shall be completely decommissioned by the facility
owner within 12 months after the end of the useful life of the facility.
Decommissioning of the facility shall meet the following requirements:
(a)
Decommissioning shall include removal of all solar arrays, buildings,
cabling, electrical components, roads, foundations, pilings, and any
other associated facilities, so that the ground upon which the facility
was located is again available for new uses.
(b)
Disturbed earth shall be graded and reseeded unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored. Such request shall be provided to the Township
prior to the start of the decommissioning process.
(c)
The owner of the facility shall secure the costs of decommissioning
by appropriate bond, letter of credit, or escrow agreement satisfactory
to Hamiltonban Township. Such estimate of costs shall be submitted
by the owner and subject to approval by Hamiltonban Township prior
to approval of the land development plan for the site.
TT.
Vacation rental.
(1)
Any proposed vacation rental shall be compatible with the neighborhood
in which it is located in terms of landscaping, scale and architectural
character. The use shall be harmonious and compatible with the existing
uses within the neighborhood.
(2)
The operator of the vacation rental shall, at all times while
the property is being used as a vacation rental, maintain a contact
person/entity within a 15 minute drive of the property. The contact
person or entity must be available via telephone 24 hours a day, seven
days a week, to respond to complaints regarding the use of the vacation
rental.
(3)
A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in Subsection TT(2) above. The notice shall also set forth the address of the vacation rental, the maximum number of vehicles permitted to park on-site, and the day(s) established for garbage collection.
(4)
The number of overnight occupants shall be limited to two persons
per available guest room or suite.
(5)
Guest rooms or suites shall meet current minimum room size and
related dimensional requirements as may be defined in the Pennsylvania
Uniform Construction Code, or similar applicable code.
(6)
Off-street parking shall be provided in accordance with § 375-81HHH. Where the number of required parking spaces is such that a parking lot is required in accordance with § 375-82A, such parking lot shall be designed in accordance with the requirements of § 375-82. Further, the parking lot shall be hidden from view, through the use of landscaping or similar design features, from any public road right-of-way.
(7)
The operator of the vacation rental must demonstrate that the
vacation rental is registered with the Adams County Treasurer's office
in compliance with County Ordinance No. 3 of 2012 for the payment
of hotel room rental tax, as may be reenacted or amended.
UU.
Wireless communication facilities, co-location, inside public right-of-way.
(1)
Location. An applicant may co-locate one or more wireless communications
facilities on existing poles, including, but not limited to, existing
tower-based wireless communications facilities, telephone and/or electric
utility poles, and light poles. Multiple small wireless facilities
proposed to be deployed at multiple locations shall be considered
to be one application for the purpose of this review and approval
process.
(2)
Siting requirements. Co-location of wireless communication facilities
shall meet the following siting criteria:
(a)
The co-location of the communication facility and related equipment
shall not cause any physical or visual obstruction to pedestrian or
vehicle traffic and shall not create safety hazards to pedestrians
or motorists.
(b)
The facility and equipment shall not limit the public use of
the right-of-way.
(c)
The facility and equipment shall not be located within two feet
of the street cartway.
(d)
Any related equipment that cannot be placed underground shall
be screened through the use of landscaping or other decorative features.
(3)
Stealth technology. The most current stealth technology available
shall be used to minimize aesthetic impact of co-located wireless
communications facility within the surrounding environment. The stealth
technology chosen by the applicant shall be subject to approval by
the Township.
(4)
Time, place, and manner. The Township shall have the ability
to determine the time, place, and manner of construction, maintenance,
repair, and/or removal of all co-located wireless communication facilities
within the rights-of-way of Township roads or other Township rights-of-way.
Such ability shall be based on public safety, traffic management,
physical burden on the right-of-way, and related considerations. Within
public utility rights-of-way, the Township's decision regarding time,
place, and manner of work shall be consistent with the police powers
of the Township and the requirements of the Public Utility Code.
(5)
Removal or relocation. The Township shall have the ability to
require the removal or relocation of co-located wireless communications
facilities from within the rights-of-way of Township roads or other
Township rights-of-way. 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,
the owner of co-located wireless communication facility shall, at
its own expense, temporarily or permanently remove or relocate said
facility. The Township may, consistent with its police powers and
applicable Public Utility Commission regulations, require such removal
or relocation under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
Township or other public improvements in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a road or release of a utility easement.
(d)
An emergency as determined by the Township.
(6)
Reimbursement for right-of-way use. The Township shall have
the ability to subject the owner of every co-located communications
facility in a public right-of-way to a fair and reasonable use an
occupancy fee, as may be fixed annually by the Township. Such compensation
for right-of-way use shall be directed related to the Township's actual
right-of-way management costs, including, but not limited to, the
costs of reviewing, inspecting, permitting, supervising, and other
right-of-way management activities of the Township. The owner of each
co-located wireless communication facility shall pay an annual fee
to the Township to compensate the Township for costs incurred in connection
with such management activities.
(7)
Review period. The timing requirements of Article XXII of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rule-making, by the Federal Communications Commission, and specifically as follows:
(a)
Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles within public right-of-way and on existing structures outside the public right-of-way per § 375-80VV of this chapter.
(b)
Applications for multiple deployments that contain small wireless
facilities on existing structures within public right-of-way and small
wireless facilities in any other location as regulated by this chapter.
Ninety days from date of application.
(c)
Facility other than a small wireless facility: 90 days from
date of application.
VV.
Wireless communication facility, co-location, outside public rights-of-way.
(1)
Location. An applicant may co-locate one or more wireless communications
facilities on existing poles, including, but not limited to, existing
tower-based wireless communications facilities, telephone and/or electric
utility poles, and light poles. Such facilities may also be co-located
on buildings and structures. Multiple small wireless facilities proposed
to be deployed at multiple locations shall be considered to be one
application for the purpose of this review and approval process.
(2)
Screening. Any related equipment that cannot be placed underground
shall be screened through the use of landscaping or other decorative
features.
(3)
Stealth technology co-location on wireless communication tower.
Any stealth technology employed on the existing Wireless Communication
Tower must be expanded to encompass the new wireless communication
facility to be co-located on said tower.
(4)
Stealth technology co-location on other towers, poles, structures,
or buildings. Stealth technology shall be employed to minimize the
visual impact of the wireless communications facility within the surrounding
environment. Specific requirements are as follows:
(a)
Buildings. Stealth technology shall be employed that encloses
the wireless communications facility in structure that is architecturally
compatible with the host building.
(b)
Poles and other structures. Stealth technology shall be employed
such that the wireless communications facility is installed either
within the pole or structure, or flush on the external surface of
the pole or structure.
(5)
Height. The following height requirements shall be applied:
(a)
Co-location on existing wireless communications tower. Co-location
on an existing wireless communications tower shall not result in a
wireless communications tower height that exceeds that authorized
by this chapter.
(b)
Co-location on poles and other structures. Co-location on other
poles and other structures shall not result in the wireless communications
facility exceeding the height of the pole or structure.
(c)
Co-location on buildings. Co-location on an existing building
may result in the wireless communication facility exceeding the building
height by no more than 10 feet. However, in no case shall the height
of the wireless communication facility exceed the maximum building
height of the underlying zoning district by more than five feet.
(6)
Review period. The timing requirements of Article XXII of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rule-making, by the Federal Communications Commission, and specifically as follows:
(a)
Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles and other structures outside of public right-of-way and within public right-of-way and on existing structures inside the public right-of-way per § 375-80UU of this chapter.
(b)
Applications for multiple deployments that contain small wireless
facilities on existing structures outside of public right-of-way and
small wireless facilities in any other location as regulated by this
chapter: 90 days from date of application.
(c)
Facility other than a small wireless facility: 90 days from
date of application.
WW.
Wireless communications facilities, tower-based, inside public right-of-way.
(1)
Location. An applicant may co-locate one or more wireless communications
facilities on new poles. Multiple small wireless facilities proposed
to be deployed at multiple locations shall be considered to be one
application for the purpose of this review and approval process.
(2)
Evaluation of siting opportunities. An applicant seeking approval
to erect or enlarge a tower-based wireless communications facility
shall demonstrate compliance with the following requirements:
(a)
An applicant shall demonstrate that all structures within the
public right-of-way and within 0.5 mile of the proposed site have
been evaluated as a co-location site. Co-location opportunities include,
but are not limited to, existing tower-based wireless communication
facilities, telephone and/or electric utility poles, and light poles.
The applicant shall provide a site alternative analysis describing
the location of potential co-location sites that were considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider's service or engineering needs, and the
reason why the alternative site was not chosen. Where a potential
co-location site is not chosen, supplementary evidence shall include
one or more of the following reasons for not proposing to co-locate
on the alternative site:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, as certified by an
engineers certified in the Commonwealth of Pennsylvania, and that
appropriate reinforcement cannot be accomplished.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment, as certified
by an appropriate technical expert, and that the interference cannot
be effectively mitigated.
[3]
The existing structure does not possess appropriate location,
space, or access to accommodate the proposed antennas and equipment
or to allow the antennas and equipment to perform their intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure that exceeds
applicable standards established by the Federal Communications Commission,
governing human exposure to electromagnetic radiation. Such a determination
shall be certified by an appropriate technical expert.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures. Where such an agreement is not reached,
the applicant shall indicate why any offers or counteroffers made
were deemed to be unreasonable.
(3)
Siting requirements. Where the applicant has demonstrated that
no co-location opportunities exist to site wireless communications
antenna on an existing structure and that a wireless communications
tower is necessary, the following siting criteria must be met:
(a)
The tower-based wireless communication facility and related
equipment shall not cause any physical or visual obstruction to pedestrian
or vehicle traffic and shall not create safety hazards to pedestrians
or motorists.
(b)
The facility and equipment shall not limit the public use of
the right-of-way.
(c)
The facility and equipment shall not be located within two feet
of the street cartway.
(d)
Any related equipment that cannot be placed underground shall
be screened through the use of landscaping or other decorative features.
(4)
Tower height. The tower-based wireless communications facility
shall not exceed 40 feet in height.
(5)
Tower safety. An applicant shall demonstrate that the proposed
tower-based wireless communications facility will not affect surrounding
properties or the public right-of-way as a result of structural failure,
falling ice or other debris, or radio frequency interference.
(6)
Tower type. The applicant shall a monopole tower type for the
tower-based wireless communications facility.
(7)
Stealth technology. The most current stealth technology available
shall be used to minimize aesthetic impact of the tower-based wireless
communications facility within the surrounding environment. The stealth
technology chosen by the applicant shall be subject to approval by
the Township.
(8)
A list of the contents of the equipment building or box, with
specific attention to any potentially unsafe or toxic substances,
including batteries, to be located in the facility, shall be provided.
Documentation demonstrating how any spills of unsafe or toxic material
will be contained within the equipment building or box shall also
be provided.
(9)
Information regarding the intended power supply and auxiliary
power supply for the facility shall be provided.
(10)
Time, place, and manner. The Township shall have the ability
to determine the time, place, and manner of construction, maintenance,
repair, and/or removal of all tower-based wireless communication facilities
within the rights-of-way of Township roads or other Township rights-of-way.
Such ability shall be based on public safety, traffic management,
physical burden on the right-of-way, and related considerations. Within
public utility rights-of-way, the Township's decision regarding time,
place, and manner of work shall be consistent with the police powers
of the Township and the requirements of the Public Utility Code.
(11)
Removal or relocation. The Township shall have the ability to
require the removal or relocation of tower-based wireless communications
facilities from within the rights-of-way of Township roads or other
Township rights-of-way. 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,
the owner of a tower-based wireless communication facility shall,
at its own expense, temporarily or permanently remove or relocate
said facility. The Township may, consistent with its police powers
and applicable Public Utility Commission regulations, require such
removal or relocation under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
Township or other public improvements in the right-of-way.
(b)
The operations of the Township or other governmental entity
in the right-of-way.
(c)
Vacation of a road or release of a utility easement.
(d)
An emergency as determined by the Township.
(12)
Reimbursement for right-of-way use. The Township shall have
the ability to subject the owner of every tower-based communications
facility in a public right-of-way to a fair and reasonable use an
occupancy fee, as may be fixed annually by the Township. Such compensation
for right-of-way use shall be directed related to the Township's actual
right-of-way management costs, including, but not limited to, the
costs of reviewing, inspecting, permitting, supervising, and other
right-of-way management activities of the Township. The owner of each
tower-based wireless communication facility shall pay an annual fee
to the Township to compensate the Township for costs incurred in connection
with such management activities.
(13)
Review period. The timing requirements of Article XXII of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rule-making, by the Federal Communications Commission, and specifically as follows:
XX.
Wireless communications facility, tower-based, outside public right-of-way.
(1)
Location. An applicant may co-locate one or more wireless communications
facilities on new poles. Multiple small wireless facilities proposed
to be deployed at multiple locations shall be considered to be one
application for the purpose of this review and approval process.
(2)
Evaluation of siting opportunities. An applicant seeking approval
to erect or enlarge a tower-based wireless communications facility
shall demonstrate compliance with the following requirements:
(a)
An applicant shall demonstrate that all structures in excess
of 50 feet in height within a one mile radius of the proposed site
have been evaluated as a co-location site. Co-location opportunities
include, but are not limited to, smokestacks, water towers, agricultural
silos, tall buildings, towers operated by other wireless communication
companies, and other communications towers (fire, police, etc.). The
applicant shall provide a site alternative analysis describing the
location of potential co-location sites that were considered, the
availability of those sites, the extent to which other sites do or
do not meet the provider's service or engineering needs, and the reason
why the alternative site was not chosen. Where a potential co-location
site is not chosen, supplementary evidence shall include one or more
of the following reasons for not proposing to co-locate on the alternative
site:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, as certified by an
engineers certified in the Commonwealth of Pennsylvania, and that
appropriate reinforcement cannot be accomplished.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment, as certified
by an appropriate technical expert, and that the interference cannot
be effectively mitigated.
[3]
The existing structure does not possess appropriate location,
space, or access to accommodate the proposed antennas and equipment
or to allow the antennas and equipment to perform their intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure that exceeds
applicable standards established by the Federal Communications Commission
governing, human exposure to electromagnetic radiation. Such a determination
shall be certified by an appropriate technical expert.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures. Where such an agreement is not reached,
the applicant shall indicate why any offers or counteroffers made
were deemed to be unreasonable.
(b)
If the applicant claims that no structures in excess of 50 feet
exist within the study area, the applicant shall provide evidence
detailing how such determination was made. Such written evidence shall
be submitted, and deemed to be complete, before approval for the erection
of a wireless communications tower may occur.
(c)
An applicant shall demonstrate that the proposed facility is
needed at the proposed location. The applicant shall provide an existing
coverage analysis demonstrating a "dead spot" at or near the proposed
tower location.
(d)
An applicant shall provide a written analysis that identifies
potential negative impacts on neighboring residents and properties,
and indicates how negative impacts will be effectively mitigated.
(3)
Siting requirements. Where the applicant has demonstrated that
no co-location opportunities exist to site wireless communications
antenna on an existing structure and that a wireless communications
tower is necessary, the following siting criteria must be met:
(a)
The minimum distance between the base of the wireless communications
tower, or any anchoring guy wires, and any property line or public
road right-of-way shall be a minimum of 30% of the tower height.
(b)
The minimum distance between the base of the tower, or any anchoring
guy wires, and residential, place of worship, or school property shall
be 200 feet.
(d)
Wireless communications towers shall not be located on any property
listed in the National Register of Historic Places or deemed eligible
for listing in the National Register of Historic Places.
(4)
Tower height. An applicant must demonstrate that a proposed
wireless communications tower is the minimum height required to function
satisfactorily. In no case shall a wireless communications tower exceed
180 feet. The measurement of tower height shall include the tower
itself as well as any antennas or other equipment attached thereto.
(5)
Tower safety. An applicant shall demonstrate that the proposed
tower will not affect surrounding properties as a result of structural
failure, falling ice or other debris, or radio frequency interference.
(6)
All wireless communications towers shall be fitted with anti-climbing
devices, as approved by the manufacturers. A detail confirming the
design of such features shall be included in the application for approval
of the wireless communications tower.
(7)
Tower type. The applicant shall use the monopole, or davit pole,
type of wireless communications tower.
(8)
Visual impact analysis. A visual impact analysis shall be prepared
in accordance with the following standards:
(a)
A photograph simulation of predevelopment and post-development
views of the wireless communications tower, including all potential
antennas, from viewpoints along public roads within two miles of the
wireless communications tower site shall be provided.
(b)
The photograph simulation shall provide an analysis of the visual
impact of a range of wireless communications tower heights.
(c)
The photograph simulation shall provide an analysis of the visual
impact of the facility base, accessory buildings, any overhead utility
lines serving the site, and any other physical features associated
with the site.
(9)
Landscaping. The applicant shall demonstrate compliance with
the following landscaping requirements:
(a)
The base of the wireless communications tower, any supporting
cables or guy wires, maintenance buildings, and parking areas, shall
be enclosed by a protective fence. The protective fence shall be a
minimum of six feet in height.
(b)
An evergreen screen shall be planted around the external perimeter
of the protective fence. Evergreen trees shall be a minimum of six
feet at planting and shall reach a minimum height of 15 feet at maturity.
Any trees which die within a year of planting shall be replaced by
the applicant. Where the tower site is either fully or partially located
within a grove of existing trees, the evergreen screen requirement
may be waived along any portion of the protective fence that is blocked
from view from beyond the property line hosting the facility by said
grove of trees.
(10)
Color. Where a specific color pattern is not required by the
Federal Aviation Administration (FAA), wireless communications tower
colors shall be a light grey or galvanized metal color. Towers shall
be finished or treated in a manner that prevents the formation of
rust.
(11)
Site access. Access to a wireless communications tower facility
shall be provided by an access driveway located within an easement
of at least 20 feet in width. The access driveway shall be a minimum
of 10 feet in width, and shall be constructed with a dust-free, all-weather
surface for its entire length.
(12)
Land development plan approvals. An applicant shall obtain land development approval from the Hamiltonban Township Board of Supervisors in accordance with applicable provisions of Chapter 320, Subdivision and Land Development, prior to zoning permit approval.
(13)
A list of the contents of the equipment building or box, with
specific attention to any potentially unsafe or toxic substances,
including batteries, to be located in the facility, shall be provided.
Documentation demonstrating how any spills of unsafe or toxic material
will be contained within the equipment building or box shall also
be provided.
(14)
Information regarding the intended power supply and auxiliary
power supply for the facility shall be provided.
(15)
Review period. The timing requirements of Article XXII of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rule-making, by the Federal Communications Commission, and specifically as follows:
YY.
Vehicle service with fuel sales.
(1)
The use shall be located on a lot abutting an arterial street.
(2)
Fuel pumps shall be at least 25 feet from any existing and required
future road right-of-way or 50 feet from the road center line, whichever
is greater.
(3)
All services not normally associated with vehicular refueling
shall be performed within a completely enclosed building.
(4)
Any canopies over a vehicle fueling area shall share common
architectural characteristics with the principal building, and shall
be constructed with materials used for the principal building. The
applicant shall submit architectural drawings to confirm the common
architectural design and common materials.
(5)
No canopy structure shall be illuminated. Any lighting designed
to illuminate the area beneath the canopy structure shall be flush-mounted.
Light fixtures that extend below the horizontal plane made by the
bottom edge of the canopy shall not be permitted.
ZZ.
Use of the same general character.
(1)
The proposed use shall be of the same general character in terms
of size, scale, intensity, and type of use as those uses specifically
authorized in the underlying zoning district.
(2)
The applicant shall present testimony that evaluates the degree
to which the proposed use is of the same general character of the
underlying zoning district versus other zoning districts applied in
the Township. In rendering its decision, the Zoning Hearing Board
shall conclude that the proposed use achieves an equal or higher degree
of character consistency in terms of general character in the underlying
district versus other zoning districts applied in the Township.
(3)
The proposed use shall not cause traffic impacts that exceed
the potential traffic impacts that may be caused by the development
of uses specifically authorized in the underlying zoning district.
(4)
The proposed use shall not produce heat, glare, noise, noxious
odors, or any other nuisance that exceed the potential impacts of
uses specifically authorized in the underlying zoning district.
(5)
The proposed use shall comply with all dimensional, performance,
and related requirements of this chapter ordinarily applied to specifically
authorized uses of the underlying zoning district.
AAA.
Residential
housing community.
[Added 1-18-2022 by Ord. No. 2022-01]
(1)
The following standards, requirements, and provisions shall
be the only standards, requirements, and provisions that apply to
residential housing communities and shall supersede all other requirements,
standards, and provisions of the Zoning Ordinance.
(2)
Minimum dimensional regulations shall be as follows:
(a)
For purposes of this land use only, "net developable area" shall
be defined as follows: All land excluding such portions that, prior
to development:
[1]
Are within the right-of-way of previously dedicated
streets or roads.
[2]
Contain slopes greater than 20% (excluding man-made
slopes).
[3]
Are identified as wetlands and/or waters of the
commonwealth by the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as applicable.
[4]
Are encumbered by areas identified in the Township
Flood Insurance Rate Maps as included within the 1%-annual-chance
floodplain.
[5]
Are encumbered by easements or deed restrictions
that prohibit the development of the land.
(d)
Maximum development coverage: 70% of net development area.
(e)
Maximum density: five units per developable acre.
(f)
Maximum building height: 45 feet.
(g)
Minimum setback for residential buildings.
(3)
Other requirements.
(a)
All utilities serving a proposed residential housing community
shall be public or PADEP approved community systems and all utility
lines shall be underground.
(b)
A minimum of 25% of the development area shall be set aside
for either:
[1]
Open space, stormwater management systems (limited
to traditional grass-lined detention facilities and/or bioretention
facilities); or
[2]
Passive and/or active recreation use (including
community buildings, related parking and other facilities) by the
residents of the residential housing community; or
[3]
A combination thereof.
(c)
A fifty-foot-wide external, circumferential buffer area shall be provided from all perimeter property lines and existing road right-of-way lines. No buildings or parking facilities shall be permitted in this buffer area. A calculation showing the total buffer area shall be provided. Twenty-five percent of this buffer area may be included in the "open space" required by § 375-80AAA(3)(b) above.
(d)
Streets or portions thereof that are proposed to be constructed within a residential housing community shall be privately owned and maintained. Additionally, the streets shall be constructed to Township standards in accordance with § 320-30 of the Hamiltonban Township Subdivision and Land Development Ordinance.[3]
(e)
All residential, nonresidential, and commercial buildings constructed
within a residential housing community shall be accessed from the
internal street system. That is, no individual building or parking
lot access shall be permitted directly from an existing state or Township
road.
(f)
Nonresidential and residential areas of the residential housing community shall be linked through sidewalks or other pedestrian trails. Direct pedestrian access shall be provided to the principal entrance of each principal building. Sidewalks constructed along the streets in a residential housing community shall be constructed in accordance with § 320-38 of the Hamiltonban Township Subdivision and Land Development Ordinance.
(g)
A lighting plan, also known as a photometric plan, shall be required with the submission of the land development plans for a residential housing community. Such plan shall demonstrate adequate lighting levels on site and no offensive light encroachment off site. The standards set forth in § 375-41F apply.
(h)
Hiker/biker trails shall be provided to enhance physical fitness
and encourage exercise. Such trails shall be a minimum width of six
feet and shall have activity stations, benches, and other amenities.
(i)
Parking requirements.
[1]
For residential uses, 2.5 parking spaces (may include
garage and off-street driveway spaces) for each dwelling unit shall
be provided.
[2]
The total number of parking spaces that are required
to serve the nonresidential uses of a residential housing community
shall be a total of one parking space for each six dwelling units
of such development, unless:
[a]
A reduced number is deemed sufficient by the Board
of Supervisors in connection with approving a land development for
the development; and
[b]
If required by the Board of Supervisors, land of
sufficient area to construct the number of spaces by which the required
parking was reduced is set aside for such parking spaces in the event
that the initially reduced number of spaces is deemed by the Board
of Supervisors to be insufficient to satisfy parking needs.
[3]
Parking spaces for nonresidential uses shall be
subject to the following additional standards:
[a]
Each such parking space shall be conveniently located
to the nonresidential use that it is intended to serve.
[b]
If the residential housing community is to be constructed
in phases, the total number of parking spaces required to serve all
nonresidential uses of the overall development also may be constructed
in phases, provided that:
[i]
A sufficient number of parking spaces is installed with each
phase to serve the nonresidential uses of such phase and any prior
phase(s); and
[ii]
Upon completion of the final phase of such development,
the total number of parking spaces for nonresidential uses required
under this section is satisfied (as reduced by the Board of Supervisors,
if applicable).
(j)
The following uses shall be permitted as part of a residential housing community and shall be subject to the dimensional standards set forth in § 375-80AAA(2) above:
[1]
Single-family detached dwellings.
[2]
Single-family semidetached dwellings.
[3]
Recreational and cultural facilities for the sole
use of the residents of the residential housing community and their
guests, including but not limited to clubhouses, community centers,
lounges, bars, ballrooms, libraries, places of worship, swimming pools,
tennis courts, shuffleboard courts, bocce courts, pickle ball, fitness
centers, walking paths, golf putting greens and driving areas.
[4]
Personal care, assisted living, and/or nursing
(skilled) care facilities that provide for a continuum or care for
those residents of the community who wish to stay in the community
in declining health. For the purposes of density calculation, every
eight beds in a personal care, assisted living, or skilled care facility
shall equal one equivalent dwelling unit.
[5]
Accessory buildings and uses that are located within
the residential housing community and are customarily incidental to
any of the above permitted uses.
[6]
Public utilities, water facilities, and public
sewer facilities. Such utilities and facilities may serve areas outside
of the residential housing community.
(k)
Corner lot front yards. Notwithstanding, a corner lot in a residential
housing community shall be deemed to have only one front yard. If
a driveway that serves the corner lot is located in a yard that could
be deemed a front yard, then the yard with the driveway shall be deemed
the front yard and any other yard that could have been a front yard
shall be deemed a side yard.
