A.
All preexisting and future structures shall follow a reasonable set
of principles to maintain historic and architectural values within
the Hopewell Township and West Middletown Borough. These principles
shall be decided upon by the Township. The purpose of these principles
shall be the promotion, preservation, and conservation of such structures.
The principles shall entail the following:
(1)
Parking regulations, facilities, and signage.
(2)
Transparency.
(3)
Appropriate land usage.
(4)
Lot dimensional regulations.
(5)
Minimum structural standards.
(6)
Historic preservation strategies.
(7)
Historic building repairs, etc.
(8)
Public interest through educational and public relations programs.
B.
Effective upon this chapter, all preexisting and future structures
shall adhere to these principles.
A.
The landowner and/or developer shall demonstrate that co-location/sharing
of essential services with existing development/structures is physically
infeasible prior to the erection of new essential services.
B.
All essential services shall follow the requirements of the Public
Utility Commission and any applicable authority.
A.
Where
a lot has frontage on two or more streets or other public rights-of-way,
the height limitation shall apply only as measured from the curb level
along the street or way with the higher elevation above sea level.
B.
Chimneys, flues, towers, spires, cupola domes, pole masts, antennas,
barns, and silos shall be exempt from height limitations of this chapter
provided their location is not in the required yard. The exemption
provided in this subsection shall not be applicable to personal wireless
or cellular telecommunication facilities as regulated in this chapter.
A.
Site considerations.
(1)
Drainage. No stormwater or natural drainage which originates
on the property or water generated by the activity, (e.g., air conditioners,
swimming pools) shall be diverted across property lines unless transported
in an approved or existing drainage system.
(2)
Electricity. Electric or electronic equipment shall be shielded
so there is no interference with any radio or television reception
at the lot line or beyond as the result of the operation of such equipment.
(3)
Glare. No use shall produce a strong dazzling light or a reflection
of a strong dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare will
not become a nuisance to adjoining properties, adjoining districts,
or streets.
(4)
Radioactivity. Any proposed activity in this District shall
not emit any dangerous radioactivity at any point of the site.
(5)
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate site on which such
use is conducted.
(6)
Fire and explosion hazard.
(a)
All activities shall be carried out in buildings, structures,
outdoor storage areas, and improvements which conform to the standards
of the National Board of Fire Underwriters.
(b)
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above the ground except in structures according
to commonwealth and federal specifications.
(c)
All materials or wastes which might cause fumes, constitute
a fire hazard, or attract rodents or insects may only be stored if
enclosed in buildings or containers which are adequate to eliminate
such hazards in accordance with all Commonwealth of Pennsylvania and
federal requirements.
(d)
No materials, fuels, wastes, or flammable substances may be
deposited or stored on a lot in such a manner as to allow them to
be transferred off the lot by natural causes or forces. No substances,
including but not limited to gasoline, oil, waste oil, and chemicals
which can contaminate a stream or water source or render such stream
or water source unusable or undesirable as a source of water supply
or recreation or which will destroy or damage aquatic life shall be
stored in such a location so that it could be introduced into the
said stream or water source by natural causes or forces, or by rupture
or storage containers or accidental discharge.
(7)
Traffic control. All design traffic volumes shall be determined by accepted procedures of the Pennsylvania Department of Transportation. The design hourly volume shall be used as a basis of computation. Geometric design features shall be consistent with the design speeds and capacities of streets serving the site. Minimum stopping, turning, and passing sight distances shall be determined. Grades, alignments, lanes, slopes, clearances, and other street standards shall be consistent with the Chapter 282, Subdivision and Land Development. Traffic control devices (signs, signals, pavement markings, etc.) shall be consistent with the Manual on Uniform Traffic Control Devices, American Association of State Highway Officials, in cooperation with the Pennsylvania Department of Transportation. Anticipated traffic generation shall not exceed the design volume of the street or streets serving the site and surrounding area, unless appropriate provisions to upgrade and to construct necessary street provisions consistent with municipality and the Pennsylvania Department of Transportation Road Specifications.
(8)
Noise control.
(a)
The sound level of any use within this district shall not exceed,
at any point along the boundary of the lot on which the use is to
be undertaken, federal standards or recommended decibel levels in
the designated octave bands, except for emergency alarm systems. Sound
levels shall be projected in accordance with similar or identical
operations or uses and shall be measured with a sound level meter
and associated octave band analyzer manufactured according to standards
prescribed by the American Standards Association. Measurements shall
be made using the same measuring system which may now or hereafter
be utilized by the United States Government for this purpose.
(b)
The following uses or activities shall be exempted from the
noise regulations:
[1]
Noise emanating from construction or maintenance
activities between 7:00 a.m. and 7:00 p.m. Monday through Friday.
[2]
Noise emanating from construction or maintenance
activities between 9:00 a.m. and 7:00 p.m. on Saturdays with no exemption
on Sundays.
[3]
Noises caused by safety signals, warning devices
and other emergency-related activities or uses.
[4]
Noises emanating from public or private recreational
uses between 7:00 a.m. and 9:00 p.m. Sunday through Thursday and between
8:00 a.m. and 10:00 p.m. Friday and Saturdays.
(9)
Dust, fumes, vapor, and gas control. The emission of dust, dirt,
flash, fumes, vapors, or gases which cause any damage to human health,
animals, vegetation, or other forms of property, or which can cause
soiling or staining of persons or property at any point beyond the
lot line of the use creating such emission is hereby prohibited. No
emission of liquid or solid particulate from any chimney or stack
or otherwise shall exceed 0.03 grains per cubic foot of the covering
gas at any point beyond the lot line of the use creating the emission.
Identical processes or facilities may be compared to determine compliance
with this subsection. For measurement for the amount of particles
discharged as set forth above, measurement procedures shall follow
those then employed by the Pennsylvania Department of Environmental
Protection for similar or identical measurements.
(10)
Liquid and solid wastes. No operation shall discharge wastes
of any kind into a surface water or a groundwater source. All methods
of waste disposal shall be approved by the Pennsylvania Department
of Environmental Protection. Such evidence of approval shall be provided.
A.
General site standards. The conditions of the soil, ground, water
level, drainage and topography shall not create hazards to the health,
safety or property of park occupants or visitors, nor shall the site
be exposed to objectionable smoke, noise, odors or other adverse influences.
(1)
No park or any site which is subject to flooding, subsidence
or erosion shall be used for any purpose which would expose persons
or property to hazards.
(2)
The ground surface in all parts of every site shall be graded
and equipped to drain all surface water in a safe, efficient manner.
(3)
Exposed ground surfaces in all parts of every site shall be
paved or protected with a vegetative growth that is capable of preventing
soil erosion and of eliminating objectionable dust.
B.
General park standards.
(1)
Minimum site area shall be 10 acres.
(2)
No part of any mobile home park shall be used for any purpose
other than for the location of mobile home park lots, park recreation
facilities, open space, service and utility facilities, access drives
and parking facilities.
(3)
A landscaped buffer of 25 feet in width shall be provided along
the perimeter of a mobile home park which meets the following specifications:
(a)
Natural woodlands shall be preserved and shall be supplemented
with at least 15 evergreen trees or shrubs of at least three feet
in height per 100 feet of perimeter, if they do not naturally exist.
(b)
If not wooded, grass mounds at least three feet, but not higher
than seven feet, shall be created and planted with shade trees, evergreen
trees and shrubs and deciduous shrubs. There shall be at least two
shade trees per 75 feet of buffer perimeter, five evergreen trees
per 100 feet of buffer perimeter, and at least 25 shrubs per 100 feet
of buffer perimeter, 50% of which shall be evergreen. Shade trees
shall have a minimum trunk diameter of 2 1/2 inches at breast
height, evergreen trees shall be at least eight feet tall and shrubs
shall be at least three feet in height.
C.
Park street standards. Park streets may be privately owned in parks
where lots are rented or leased, but shall have at least two safe,
convenient vehicular access points to a public street. Such entrance
way shall be designed to minimize congestion and hazards for park
traffic and through traffic on the public street.
D.
Park walkway and sidewalk standards; individual walks. All mobile
home stands shall be connected to the sidewalks. Such individual walks
shall have a minimum width of four feet and be constructed of concrete.
E.
F.
Mobile home park lots. Every mobile home park lot shall have access
from a street.
(1)
On land laid out as a mobile home park, the lots shall be not
less than 60 feet wide nor less than 6,000 square feet in area per
mobile home unit, exclusive of streets and other public or common
areas.
(2)
Each mobile home park shall have a mobile home stand, which
provides an adequate foundation for the placement of a mobile home,
and for securing the structure from uplift, sliding, rotation, settling
or vibration.
(3)
Mobile home lots which are to be sold by fee simple title, as
opposed to those rented or leased, shall each have a minimum frontage
of 60 feet on a public street.
H.
Open space and recreation facilities standards.
(1)
Not less than 20% of the land area of every mobile home park
shall be used to provide common open space and recreation facilities
for the residents and guests of the park.
(2)
A portion of such open space shall be prepared or improved,
and maintained, to provide one or more outdoor play lot and playground
facilities or indoor recreation facilities.
(3)
Recreation facilities shall be located so as to be accessible
to all park residents.
I.
Water supply standards. Mobile home parks shall be served by a public water supply system in accordance with the prevailing standards of Chapter 282, Subdivision and Land Development.
J.
Fire hydrants.
(1)
Fire hydrants shall be installed in accordance with the prevailing design and construction standards of Chapter 282, Subdivision and Land Development.
(2)
All mobile homes, service buildings or other structures in the
park shall be located within 400 feet of a fire hydrant measured along
a street.
K.
Sanitary sewage facilities standards.
(1)
Mobile home parks shall be served by a public sanitary sewage
collection system.
(2)
Sewer collection system. Plans and specifications for the system
shall be acceptable to the Pennsylvania Department of Environmental
Protection and shall be in accordance with the prevailing design and
construction specifications of the applicable Municipal Authority.
L.
Electric power distribution standards.
(1)
Every park shall contain an electrical wiring system consisting
of wiring, fixtures, equipment and appurtenances, which shall be installed
and maintained in accordance with local electric power company specifications
regulating such systems.
(2)
Individual electrical connections. Each mobile home park lot
shall be provided with an approved disconnecting device and over-current
protective equipment. The minimum service per outlet shall be 120/240
volts AC, 100 amperes.
M.
Liquefied petroleum gas system standards.
(1)
Liquefied petroleum gas systems provided for mobile homes, service
buildings or other structures when installed shall be maintained in
conformity with accepted engineering practices, standards of the supplying
or installing company.
(2)
System shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
(3)
Systems shall have at least one accessible means for shutting
off gas for each mobile home. Such means shall be located outside
the mobile home and shall be maintained in effective operating condition.
(4)
All LPG piping outside of the mobile homes shall be well supported
and protected against mechanical injury. Undiluted liquefied petroleum
gas in liquid form shall not be conveyed through piping equipment
and systems in mobile homes.
(5)
Containment vessels of no more than 60 gallons gross capacity
may be installed on a mobile home stand and shall be securely, but
not permanently, fastened to prevent accidental overturning.
(6)
No LPG vessel shall be stored or located inside or beneath any
storage cabinet, carport, mobile home or any other structure.
N.
Fuel oil supply system standards. All fuel oil supply systems provided
for mobile homes, service buildings and other structures shall be
installed and maintained in conformity with the Municipal Building
Code.
O.
Standards for individual mobile homes.
(1)
All mobile homes must meet the minimum standards for room sizes
in a dwelling unit as cited in the Municipal Code or applicable equivalent
standard as adopted.
(2)
An enclosure of compatible design and material commonly called
skirting shall be erected around the entire base of the mobile home.
Such enclosure shall provide sufficient ventilation to inhibit decay
and deterioration of the mobile home.
(3)
All mobile homes must be provided with a patio of a minimum
size of 10 feet by 10 feet.
(4)
All mobile homes shall be anchored in the manner prescribed
by the manufacturer.
(5)
Minimum gradient of the mobile home pad shall be one foot above
mean grade.
A.
Private outdoor swimming pools. A building permit shall be required
for the installation or construction of a private outdoor swimming
pool on the same lot as the principal residence subject to the following
conditions:
(1)
Such pool may be erected in the required rear yard, but not
in the required side yard or front yard.
(2)
The water edge of such pool shall not be located nearer than
20 feet to any lot line for an in-ground pool or nearer than 15 feet
for an aboveground pool.
(3)
Any such pool with a depth in excess of two feet shall be completely
surrounded by a fence or wall that is not less than four feet in height.
All gates or doors opening through said fence shall be erected, maintained
and provided with a self-closing, self-locking gate to prevent accidents.
However, if said pool is located more than four feet above the ground
level, then a fence is not required, provided that all points of access
to said pool are adequately protected. The municipality shall be notified
within 30 days of completion of construction so a final inspection
can be made.
(4)
Conventional wading pools less than the area and depth requirements
of Item three above shall be exempt.
A.
There shall be no sales of fuel and related products, tobacco products,
alcoholic beverages except those listed under permitted uses, lottery
tickets, vehicles or related products.
B.
Food franchises are prohibited in any roadside stand or farm market
operation.
C.
To ensure public safety, roadside stands will be required to have
off-street parking with an all-weather surface and adequate ingress
and egress with an area for turnaround. There shall be one 10-foot-by-20-foot
parking area per 200 square feet of selling and display area, with
a minimum of two spaces. Parking spaces are exclusive of driveways
and turnarounds.
D.
For the purpose of calculating the required number of parking spaces,
production facilities, garden plots, planting beds and outdoor storage
area opened to the public are excluded. Pick-your-own operations will
require a greater number of off-road parking spaces based on expected
number of cars per day.
A.
Purpose. The purpose of this section is to:
(1)
Accommodate the need for communications antennas, communications
ancillary equipment, and communications towers while regulating their
location and use in the Township.
(2)
Establish procedures for design, siting, construction, installation,
maintenance, and removal of communications antennas, communications
ancillary equipment, and communications towers in the Township, including
facilities located both inside and outside of the public rights-of-way.
(3)
Minimize adverse visual effects of communications antennas,
communications ancillary equipment, and communications towers on the
surrounding landscape by methods including, but not limited to, the
use of stealth technology, proper placement, and co-location.
(4)
Avoid potential damage to adjacent properties from structural
failure of buildings or towers due to the placement of communications
antennas, and provide for any other measures deemed necessary to promote
the health, safety, and welfare of the Municipal residents, property
owners, visitors, and businesses.
(5)
Accommodate new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and similar
small cell communications systems that may arise with further technological
advances in the communications industry.
(6)
Encourage the co-location of communications antennas on existing
towers, buildings, and other structures that are structurally capable
of supporting the antennas, rather than constructing new communications
towers.
B.
General design requirements for all communications antennas, communications
ancillary equipment, and supporting structures, including building-mounted
communications antennas, utility-mounted communications antennas,
and communications towers.
(1)
Permit and administrative review requirements.
(a)
The applicant must provide a submittal package to the municipality
including a cover letter, permit application, site plan, and supporting
documents indicating the intent to construct a communications antenna,
communications ancillary equipment and/or a communications tower,
in order to initiate the administrative review process under this
section. Within 30 days of receiving the submittal package, the municipality
shall notify the applicant, in writing, of any additional information
required to complete the administrative review.
(b)
A submittal package shall include an application for a zoning
permit, and a building permit if applicable, for all newly constructed
or structurally modified communications antennas, communications ancillary
equipment, and communications towers. Communications antennas that
are to be co-located and/or replaced on an existing structure shall
not require additional permit approvals, provided the applicant submits
all required information in order for the municipality to determine
compliance during the administrative review.
(c)
All construction documents included in a submittal package shall
be signed and sealed by a Pennsylvania-registered professional engineer,
architect, and/or land surveyor, as appropriate.
(d)
The applicant shall be required to obtain all necessary approvals
from PennDOT and public utility companies for installation of a communications
antenna on their utility or service structures. Evidence of said approvals
shall be submitted to the municipality prior to the conclusion of
the administrative review and/or issuance of a zoning permit for the
use.
(e)
Prior to the commencement of the administrative review and/or
issuance of building and zoning permits for the construction of a
freestanding communications tower, the applicant shall file a stormwater
management plan under the requirements of the municipal ordinances.[2] In the event the construction of the Tower will result in a subdivision or land development beyond any lease or easement agreement, a subdivision and land development plan meeting the requirements of Chapter 282, Subdivision and Land Development, shall also be submitted.
(f)
Within 60 days of the date of the municipality's receipt of
a submittal package for the co-location of a communications antenna,
or for a distributed antenna system, data collection unit, or similar
small-cell technology device; or 150 days for all other communications
antennas, the municipality shall make a final decision on the administrative
review and advise the applicant of the decision in writing. If the
administrative review is approved, required permits will be issued
as the final determination of the review process. This review period
may be extended, if both parties agree to the time extension in writing.
(2)
All communications antennas and supporting structures shall
be designed, constructed, operated, maintained, repaired, modified,
and removed in strict compliance with all current and applicable technical,
safety, and safety-related codes in effect at the time of such action,
including, but not limited to, the Township's Code, the American National
Standards Institute (ANSI) Code, the National Electrical Safety Code,
and the National Electrical Code, as well as the accepted industry
practices of the National Association of Tower Erectors. The applicant
shall submit detailed construction and elevation drawings indicating
how the communications antenna will be mounted on the tower, as well
as documents certifying that the communications antenna and supporting
structure are designed to withstand the effects of wind according
to the standard designated by ANSI, prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA-222-G, as amended). Where conflict may occur
between the codes, the most stringent requirement shall apply.
(3)
All communications antennas, communications ancillary equipment,
and supporting structures shall be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel
so that the same shall not endanger the life of any person or any
property in the Township. The owner of the communications antenna
and communications ancillary equipment shall perform a structural
analysis of the antenna supporting structure in accordance with ANSI/EIA/TIA-222,
as amended, whenever new antennas or equipment are proposed to be
added to the supporting structure, and provide a written report of
the analysis to the Municipality with the building permit application,
or at the time of administrative review if a building permit is not
required.
(4)
Communications antennas, communications ancillary equipment,
and supporting structures shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation. Evidence of compliance with
these standards shall be submitted by the applicant to the municipality
with the permit submittal package.
(5)
The owner or operator of a communications antenna shall be licensed
by the Federal Communications Commission to operate such an antenna,
when such licensure is required in accordance with federal law.
(6)
No communications antennas shall interfere with public safety
communications or the reception of broadband, television, radio, or
other communication services used by persons within the Township.
(7)
No signs or lights shall be mounted on or be directed at a communications
antenna except as may be required by the National Electrical Code,
or the Federal Communications Commission, the Federal Aviation Administration,
or any other governmental agency which has jurisdiction.
(8)
Communications antennas shall comply with all applicable Federal
Aviation Administration, Commonwealth Bureau of Aviation, and applicable
Airport Safety Zone Overlay District regulations.
(9)
Any applicant proposing a communications antenna shall submit
any applicable access agreements and/or easement descriptions that
are necessary to provide entrance to the supporting structure on which
the communications antenna is to be attached to confirm that installation
and maintenance of the communications antenna can be accomplished.
(10)
Any communications antenna or communications ancillary equipment,
or portion thereof, that is no longer in use for its approved purpose
shall be removed at the facility owner's expense. The owner shall
provide the municipality with a copy of any notice to the Federal
Communications Commission of intent to cease operations. If the facility
remains unused for a period of six consecutive months, the owner or
operator of the antenna and communications ancillary equipment shall,
within a maximum of 90 days after the end of the six-month period,
remove the communications antenna, its support structure, and all
accessory uses and equipment. In the case of multiple operations sharing
the use of a single communications tower, this provision shall not
become effective until all users cease operations.
(11)
All communications antennas and supporting structures that are
located within a municipal public right-of-way are subject to the
municipality's right to annually fix a fair and reasonable compensation
to be paid for use and occupancy of the public right-of-way for the
deployment of equipment within the public right-of-way. The owner
of each communications tower, and when co-located and/or replaced,
each communications antenna, shall pay an annual fee to compensate
the municipality for the costs incurred in connection with the administration
of activities described above. The annual street right-of-way management
fee for communications towers shall be determined by the municipality
and authorized by resolution of the municipal elected officials, or
by other legally binding contract prepared by the owner of the communications
antenna where such terms are acceptable to the municipality.
(12)
All new supporting structures for communications antennas shall
be designed in all respects to accommodate both the applicant's communications
antenna and future co-location of additional comparable antennas,
so that the co-location of a future communications antenna will not
create a violation of any applicable requirement of this chapter.
This requirement shall not apply if the applicant is proposing to
replace an existing structure, such as a utility or light pole, with
a new structure that will continue to serve the same purpose.
(13)
Stealth design methods may be required for all communications
antennas, communications ancillary equipment, and supporting structures,
where determined appropriate by the Zoning Officer. Acceptable methods
shall include, but not be limited to, visual screening; concealment
in existing, proposed, or mock buildings, structures, or facades;
or blending the design of the facilities through use of materials
and colors of the existing supporting structure or to the visual character
of structures or landscape located in close proximity to the proposed
facilities. Where it can be demonstrated to the satisfaction of the
Zoning Officer that stealth design is technologically or commercially
impracticable or infeasible, a communications antenna supporting structure
shall be a low gloss light blue, light green, or light gray color
unless other colors will blend better with the building's walls and
are approved by the Township, or are otherwise required by Federal
Communications Commission or Federal Aviation Administration regulations.
(14)
Each person that owns or operates a communications antenna,
communications tower, communications ancillary equipment, or portion
thereof, shall, at their sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by, or connected with any act or omission
of the person, their officers, agents, employees, or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance, or removal of the communications antenna, communications
tower, or communications ancillary equipment, or portion thereof.
Each person that owns or operates a communications antenna, communications
tower, communications ancillary equipment, or portion thereof, shall
defend any actions or proceedings against the municipality in which
it is claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation, maintenance
or removal of a communications antenna, communications tower, communications
ancillary equipment, or portion thereof. The obligation to indemnify,
hold harmless, and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs, and all other
costs of indemnification.
C.
Building-mounted communications antennas. Building-mounted communications
antennas shall be a permitted use in all zoning districts in accordance
with the following:
(1)
Building-mounted communications antenna shall not be permitted
on single-family detached dwellings.
(2)
Building-mounted communications antennas and all related components
shall be completely concealed or shall provide for stealth design
methods that are compatible with the building that the antennas are
to be mounted on.
(3)
Height requirements. Building-mounted communications antennas
shall be kept to the minimum height needed to fill the gap in coverage
or provide the necessary capacity, as the case may be; however, in
no case shall the communications antenna exceed the existing building
height by more than 50%. Under no circumstances shall the communications
antenna and supporting structure exceed the height of a building that
is nonconforming, with respect to the permitted building height of
the underlying zoning district, by more than 20 feet.
(4)
The applicant shall submit evidence from a Pennsylvania-registered
professional engineer certifying that the proposed installation of
a building-mounted communications antenna, its communications ancillary
equipment and supporting structures or other devices, will not exceed
the structural capacity of the building when considering ice and snow
loads as referenced in the prevailing Municipal Building Code.
(5)
Communications ancillary equipment.
(a)
Communications ancillary equipment may be building-mounted,
provided the equipment is not located on a street-facing wall and
will be located at least eight feet off of the ground.
(b)
Ground-mounted communications ancillary equipment may be established
as part of the building-mounted communications antenna, provided the
following criteria is met:
(c)
The equipment and structures shall comply with the yard area
requirements of the underlying zoning district in which the equipment
is to be located. Where yard areas have been established for a detached
accessory use, the equipment structures shall comply with these requirements
so long as the equipment is to be freestanding or attached to another
accessory use structure. Where no yard areas have been established
for a detached accessory use, or if the equipment structures are attached
to a principal use structure, the yard areas shall comply with the
underlying zoning district for a principal use.
(d)
A fence shall be required around all components of the communications
ancillary equipment and shall be a minimum height of eight feet. The
fence shall be consistent with the provisions of this chapter. Gates
shall be locked, except during such times as the communications equipment
is manned by operations or maintenance personnel.
(e)
An evergreen screen shall be required to surround the communications
ancillary equipment and fence location. The screen shall consist of
a row of evergreen trees which shall be planted at a maximum spacing
of eight feet, center to center. The evergreen screen shall be a minimum
height of four feet at planting and shall be a species that is expected
to grow to a minimum height of 15 feet at maturity. In addition, existing
vegetation which would aid in screening at and around the site shall
be preserved to the greatest extent possible.
(6)
Building-mounted communications antenna shall not be located
on a building (or structure) that is listed on either the National
or Pennsylvania Registers of Historic Places, or is eligible to be
so listed, or is listed on an official registry of historic structures
maintained by the municipality, if such list is maintained, or has
been otherwise designated by the municipality to be of historical
significance.
D.
Communications towers that are 50 feet or less in height and utility-mounted
communications antenna. Communications towers that are less than 50
feet in height and utility-mounted communications antenna shall be
permitted in all zoning districts, in accordance with the following
regulations:
(1)
The applicant shall demonstrate compliance with the general
design requirements of this chapter in addition to the requirements
of this section.
(2)
Location and setback requirements.
(a)
Communications antenna shall be co-located or mounted on existing
utility structures to the greatest extent possible. If co-location
or placement on existing structures prevents adequate coverage, new
towers shall be permitted in all zoning districts provided they are
kept within the public right-of-way and are coordinated to match the
materials of existing utility structures adjacent to the tower location.
Towers outside of the right-of-way shall comply with Subsection D(2)d
below.
(b)
Utility-mounted communications antennas shall not be permitted
on any acorn-style streetlight or streetlights having shades.
(c)
Utility-mounted communications antennas shall be kept to the
minimum height needed to function in accordance with industry standards;
however, in no case shall any utility-mounted communications antenna
exceed a height of 50 feet, as measured from the base of the pole
structure to the top of all attached antenna, unless specifically
authorized in this section. If the pole structure already exceeds
50 feet in height, the replacement pole shall not increase the height
of the existing or former pole structure by more than 10 feet.
(d)
Communications towers constructed outside of the street right-of-way
shall be located a minimum of 100 feet from an existing dwelling on
an adjacent lot.
(3)
Communications ancillary equipment shall comply with the following:
(a)
Communications towers and utility-mounted communications antennas
shall contain communications ancillary equipment installed in a manner
that will not inhibit pedestrian or vehicular movement, or otherwise
create safety hazards to, or inconvenience the use of a street right-of-way,
or other vehicular or pedestrian access way. All ancillary equipment
shall be mounted on the tower or utility pole structure unless the
applicant can demonstrate that this is not structurally feasible;
in which case, the ancillary equipment may be ground-mounted, but
shall not exceed four square feet in area and 84 inches in height.
(b)
Ground-mounted communications ancillary equipment that will
exceed four square feet in area or 84 inches in height shall comply
with the following:
[1]
Ancillary equipment meeting the requirements of
this section shall only be permitted for communications antennas and
towers that are located outside of a street right-of-way.
[2]
The equipment and structures shall comply with
the yard area requirements of the underlying zoning district in which
the equipment is to be located. Where yard areas have been established
for a detached accessory use, the equipment structures shall comply
with these requirements so long as the equipment is to be freestanding
or attached to another accessory use structure. Where no yard areas
have been established for a detached accessory use, or if the equipment
structures are attached to a principal use structure, the yard areas
shall comply with the underlying zoning district for a principal use.
A communications tower is to be considered a principal use structure.
[3]
A fence shall be required around all components
of the communications ancillary equipment and shall be a minimum height
of eight feet. The fence shall be consistent with the provisions of
this chapter. Gates shall be locked, except during such times as the
communications equipment is manned by operations or maintenance personnel.
[4]
An evergreen screen shall be required to surround
the communications ancillary equipment and fence location. The screen
shall consist of a row of evergreen trees which shall be planted at
a maximum spacing of eight feet, center to center. The evergreen screen
shall be a minimum height of four feet at planting and shall be a
species that is expected to grow to a minimum height of 15 feet at
maturity. In addition, existing vegetation which would aid in screening
at and around the site shall be preserved to the greatest extent possible.
(4)
Additional design requirements.
(a)
New communications towers constructed within the street right-of-way
shall comply with the requirements of this chapter.
(b)
If the communications antenna and ancillary equipment are placed
on an existing streetlight, traffic light, or utility pole, the communications
antenna and communications ancillary equipment shall be painted, coated,
or otherwise treated to match the existing supporting structure.
(c)
All materials of communications towers and utility-mounted communications
antennas in the street right-of-way shall be subject to approval by
the Township, including review and approval by the Design Advisory
Board if the tower or communications antenna is to be located within
the boundaries of the Downtown Commercial Overlay District.
E.
Communications towers greater than 50 feet in height. Communications
towers greater than 50 feet in height shall be permitted by special
exception in all zoning districts.
F.
Co-location and replacement of existing communications antennas.
Communications antennas that are to be located on a tower, building,
utility pole or other suitable structure that already contains an
existing communications antenna, or the replacement of existing antenna
shall be permitted in all zoning districts. All applications for such
a facility shall include the following information:
(1)
Elevation details shall be submitted to demonstrate the co-located
or replacement communications antenna will comply with requirements
of this section.
(2)
For communications antenna that are located in the street right-of-way,
the co-located and replacement of existing antenna shall not increase
the height of the approved supporting structure by more than 10%,
or by 10 feet, whichever is greater. For communications antenna located
outside of the street right-of-way, the co-located and replacement
of existing antenna shall not increase the height of the approved
supporting structure by more than 10% or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater.
(3)
For communications towers, other than towers in the street right-of-way,
no co-located or replacement antenna shall protrude from the face
of the tower by more than 20 feet, or more than the width of the tower
structure at the level of the proposed co-located or replacement antenna,
whichever is greater. Co-located and replacement antennas installed
on all other approved supporting structures shall not protrude from
the face of the structure by more than six feet.
(4)
Any further increase in the height of an approved support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array in
accordance with the provisions of this section, shall not occur unless
approved by grant of a special exception from the Municipal Zoning
Hearing Board. The applicant shall demonstrate the height increase
will not negatively impact public safety with regard to the structural
capacity of the supporting structure, that the additional antenna
is necessary in order to fill a gap in coverage or provide the necessary
capacity, as the case may be, and/or the increased height is necessary
in order to prevent interference from other antenna located on the
structure.
(5)
The permitted height increase for a co-located or replacement
antenna that will be separated horizontally from other antennas shall
be measured from the actual building or structure height, not from
the height of any existing communications antennas.
(6)
The applicant shall submit detailed construction drawings indicating
how the communications antenna will be mounted on the supporting structure,
or portion thereof, as well as documents certifying that the communications
antenna is designed to comply with wind and structural loading requirements
of applicable technical, safety, and safety-related codes, including,
but not limited to, the Municipal Code, the American National Standards
Institute (ANSI) Code, as amended, the National Electric Safety Code,
as amended, and the National Electrical Code, as amended. Where conflict
may occur between the codes, the most stringent requirement shall
apply.
(7)
A site plan shall be submitted to show property and lease lines, existing and proposed access drives, communications ancillary equipment location, or other site changes required to operate the co-located or replacement communications antenna. Any increase in dimensions to the communications antenna site area shall meet all setback and design requirements and the requirements of the Chapter 275, Stormwater Management, as applicable to the project.
A.
Bufferyards. The bufferyard shall be measured from the district boundary
line or a property line or right-of-way line, if not coexistent with
the district boundary line.
(1)
A minimum bufferyard of 20 feet in width shall be provided along
any common property line between a nonresidential use and a residential
use or district.
(2)
The bufferyard shall be maintained and kept clean of debris,
rubbish, weeds, and other unsightly features.
(4)
No less than the exterior 1/2 of the bufferyard shall be planted
and maintained with grass or ground cover, massed evergreens, and
deciduous trees and shrubs of such species and size as will produce,
within two growing seasons, a screen at least five feet in height
and of such density as will obscure, throughout the full course of
the year, all of the glare of automobile headlights emitted from the
premises.
(a)
Massed evergreens used in screen planting shall be at least
four feet in height when planted and produce a complete visual screen
year round.
(b)
The screen planting shall be maintained permanently, and any
plant material which does not live shall be replaced within one year.
(c)
The screen planting shall be so placed so that at maturity it
will be no closer than three feet from any street or property line.
(d)
A clear sight triangle shall be maintained at all street intersections
and at all points where private access ways intersect public streets.
(e)
The screen planting shall be broken only at points of vehicular
and pedestrian ingress and egress.
A.
Reentry drilling.
(1)
Notice. The operator shall provide the following notice of reentry
drilling at least 30 days prior to initiating operations at the well
site:
(a)
Written certification that the operator is in compliance with
the conditions contained in the initial conditional use approval;
(b)
Updated truck routing schedule over Township roads;
(c)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(d)
Updated drilling and related operations schedule/time line;
(e)
Copies of any new or revised permits and approvals required
for the reentry drilling; and
(f)
Confirmation that operator is not in breach of current conditional
use approval.
(2)
Approval. The required information will be reviewed by the Township
Engineer and if said reentry notice is complete the reentry drilling
will be approved in writing without the requirement of a supplemental
hearing. The approval shall be a continuance of any previous approval
granted for oil and gas development on the subject property.
(3)
Supplemental hearing. A supplemental hearing will be required
if the reentry drilling includes a material change or includes additional
operations not covered for and/or permitted in the initial approval.
(4)
Scope. If required, the conditional use hearing will be limited
to testimony and exhibits explaining the specific operations not covered
by the initial conditional or permitted use approval.
(5)
Standards and criteria. Operator may rely on the conditions
set forth in the original conditional use approval. The Township may
not change or amend the original conditions or ordinance terms concerning
setbacks, well site and/or access road location so long as they do
not adversely affect the health, welfare and safety of the residents.
B.
Traffic control site.
(1)
Notice. The operator shall provide the following notice of a
traffic control site at least 14 days prior to initiating the use:
(a)
Updated truck routing schedule over Township roads;
(b)
Updated compliance with the Township's road maintenance and
bond agreement for the roads to be utilized;
(c)
A location map showing the location of the site in the Township
and the proposed ingress to and egress from the site;
(d)
The anticipated types of vehicles to be accommodated;
(e)
The relevant drilling and related operations schedule/time line,
if available; and
(f)
Proof of the property owner's consent to the use.
(2)
Approval. The required information will be reviewed by the Township
Engineer and if said traffic control site notice is complete the traffic
control site will be approved in writing.
C.
Oil and gas pipelines. Notice: A company desiring to construct oil
and gas pipelines that are regulated by state or federal agencies
are allowed to do so as a permitted use in the Township, subject to
submitting to the Township copies showing evidence that it has obtained
and maintains in good standing all required state and/or federal permits,
including proof of bonding to operate pipelines, when such bonding
is required. In addition to the required permitting documents, Applicant
must also submit:
(1)
The origin point and destination of the pipeline to be constructed
in the Township including time frame for activities.
(2)
A description of the substance to be transported through the
pipeline and a copy of the material safety data sheet (MSDS).
(3)
Any site reclamation plans and time frame.
(4)
Location of any pressure relief devices.
(5)
GIS drawings.
(6)
Statement concerning method of operation.
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
B.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon complies
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation and applicable airport
zoning regulations.
D.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good-faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure, or communications tower. A good-faith effort shall require
that all owners of potentially suitable structures within a 1/4 mile
radius of the proposed communications tower site be contacted and
the one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access, or height to accommodate the proposed equipment or to allow
it to perform its extended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of the structure.
