The following sets forth conditions and procedures which must
be met before permitted uses, accessory uses, special exception uses,
and other selected uses can receive approval and be granted a zoning
and/or building permit. If the application is considered a land development
or subdivision as defined by the MPC,[1] then it must be submitted in accord with the requirements of Chapter 425, Subdivision and Land Development, of the Code of the Township of Weisenberg.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Notwithstanding the lot area, lot width and lot coverage requirements
of any RV, R or RC District, a building or structure containing a
permitted, accessory or special exception use may be erected on any
lot with less than the required lot width or lot area if separately
owned at the effective date of this chapter, provided that the lot
has a minimum width of 40 feet, that the aggregate width of the side
yards be not less than 30% of the lot width, and that the narrower
side yard be not less than five feet in width and; provided, further,
that in no event shall the building area exceed 30% of the lot area.
In addition, any lot created by a subdivision plan approved by Weisenberg
Township and filed of record may observe those setbacks for front
yard, rear yard, side yard and/or side yard abutting street as were
applicable on the date of final subdivision plan approval.
If the application relates to property which is scheduled to
be developed in successive stages, such plans shall show the relationship
of the portion scheduled for initial development to the proposed layout
of the entire property.
Nothing herein contained shall restrict the height of a church
spire, cupola, dome, mast, belfry, clock tower, barn, radio or TV
broadcast signal transmission line tower, flagpole, chimney flue,
water tank, elevator or stair bulkhead, stage tower, scenery loft,
smokestack, silo, air-conditioning and/or heating units, amateur radio
antenna, windmill or similar structure, except no such structure shall:
A.
Exceed two feet of height for every one foot of yard.
B.
Be used for residency or tenancy purposes.
C.
Have any sign inscribed upon or attached to such structure.
D.
"Barn" is defined as a building for the storage of farm products
or feed and/or for the housing of farm animals or farm equipment.
E.
Any barn constructed as an accessory use shall meet the minimum yard
requirements for permitted uses in that district and shall be placed
or erected only on a tract of land that is 10 or more acres in size.
A hydrogeologic study and report shall be provided to determine
an adequate water source when the water source is a well, public or
private, and is proposed for a commercial, industrial or residential
use of more than 50 dwelling units with a density more than one dwelling
unit per acre.
Lighting facilities adequate for the safety of pedestrian and vehicular traffic, however, no additional exterior building illumination, other than specified for signs in § 500-79, shall be permitted.
Provisions are to be made for treatment and/or disposal of all
waste.
A.
Front yard. The space in a required front yard shall be open and
unobstructed except for a patio projecting not more than eight feet,
unroofed steps given access to a porch or first floor entry door,
or landscaping.
B.
All yards. Every part of a required yard shall be open to the sky
unobstructed by structures, except for retaining walls and for accessory
buildings in a rear yard or side yard, and except for the ordinary
projections of sills, chimneys, pilasters and for ornamental features
projecting six inches or less.
C.
Buffer yards. Buffer yards shall comply with the following standards:
(1)
The buffer yard shall be measured from the district boundary line
or the property line or from the street line. Buffer yards may not
be part of an existing or future street right-of-way, but shall be
in addition to that right-of-way.
(a)
A twenty-five-foot buffer yard shall be required in the LI,
GC and GI Districts along the district boundaries between themselves,
and fifty-foot buffer yard shall be required along all residential
district boundary lines in the Township and adjoining municipalities.
(b)
A ten-foot buffer yard shall be required along side and rear
lot lines between residential and nonresidential uses, excluding agriculture
and animal husbandry, and manufacturing uses and commercial uses,
excluding self-storage buildings, located within the same district.
(c)
A 200-foot buffer yard shall be required along side and rear
lot lines for motor vehicle racing, gun clubs, trapshooting and target
ranges.
(2)
In all buffer yards, the exterior width beyond the fence or planting
screen shall be planted with grass seed, sod or ground cover, and
shall be maintained and kept clean of all debris, rubbish, weeds and
tall grass.
(3)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials and parking areas. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress. No recreation use shall be permitted in a buffer yard. Buffer yards shall exclude recreation space (but not open space) areas required by this chapter or by Chapter 425, Subdivision and Land Development, of the Township Code.
(4)
All buffer yards shall include a dense screen planting of trees,
shrubs or other plant materials to the full length of the lot line
to serve as a barrier to visibility, airborne particles, glare and
noise and, when determined by the Township to be necessary for public
safety, a fence as described below. Such screen planting shall be
in accordance with the following requirements:
(a)
Plant materials used in the screen planting shall be of such
species and size as will produce, within three years, a visual screen
of at least six feet in height.
(b)
A fence, when required, shall be not less than six feet in height
and shall be placed on the inside of the screenings and no closer
than three feet from any future right-of-way or property line unless
by special exception.
(c)
The screen planting shall be maintained permanently and any
plant material which does not live shall be replaced within one year.
(d)
The screen planting shall be so placed that at maturity it will
not be closer than three feet from any street line or property line.
Screening shall consist of a minimum of 50% evergreen plantings and
shall be planted in a minimum of two rows at 25 feet centers in a
staggered arrangement.
(5)
No structure, fence, planting or other obstruction shall be permitted
within the street line which would interfere with traffic visibility
across the corner of a lot, at access driveways, commercial or residential,
and within any clear sight triangle.
(6)
The screen planting or fence shall be broken only at points of vehicular
or pedestrian access.
(7)
A built-up earthen bank may be incorporated in the landscaping of
buffer yards as long as the following conditions are met:
Where a lot extends through from street to street, the applicable
front yard regulations shall apply on both street frontages.
A.
The clear sight triangle shall be determined by the intersecting
street center lines and a diagonal connecting two points, one at each
street center line, each of which point is:
(1)
One hundred fifty feet from the intersection of such street center
lines, if either street is an arterial street.
(2)
One hundred feet from the intersection of such street center lines,
if both streets are collector streets or if one is a collector street
and the other is a local street.
(3)
Seventy-five feet from the intersection of such street center lines,
if both streets are local streets.
B.
On a corner lot, no wall, fence or other structure shall be erected;
no vehicle, object or any other obstruction shall be parked or placed;
and no hedge, shrub, or other growth shall be planted or maintained
which would obscure the driver's vision between two feet and 10 feet
in height measured from the center line grades of the intersecting
streets.
A.
Minimum setbacks are required from all public and private roads,
streets and highways as determined by the functional classification
of the road, street or highway as referenced in the Comprehensive
Plan. Except as provided in other sections of this chapter, no buildings
or structures shall be placed between the setback line and street
right-of-way line.
B.
On roads classified as regional highways, the required setback shall
be 100 feet from the center line of the existing or proposed road.
C.
On roads classified as arterials, the required setback shall be 90
feet from the center line of the existing or proposed road.
D.
On roads classified as collectors, the required setback shall be
80 feet from the center line of the existing or proposed road.
A.
Off-street parking. Off-street parking spaces for the storage or
parking of passenger vehicles shall be provided pursuant to the following
requirements:
(1)
Individual parking spaces shall be clearly marked off into parking
spaces, with each space having a minimum width of nine feet and a
length of 19 feet, exclusive of driveways and parking area; continuous
parking may not exceed 200 feet.
(2)
Every parking facility shall be designed so the proposed traffic
flow and ingress/egress shall not cause traffic hazards on adjacent
streets.
(3)
Every parking area shall be designed so that each motor vehicle may
proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicle, except on-site parking associated
with a single-family dwelling or automotive sales.
(4)
Required off-street parking areas shall be located on the same lot
or premises with the main use served or on an adjoining lot.
(5)
No parking shall be located in a required buffer yard.
(6)
No parking area shall be located within 10 feet of a septic system
absorption area or property line.
(7)
All parking areas for four or more vehicles shall include clearly
defined and marked traffic patterns, with the utmost care taken to
provide for safe internal traffic movement and to avoid conflicts
between vehicles and pedestrians. Aisle width for one-way traffic
shall be 22 feet and for two-way traffic shall be 24 feet.
(8)
In no case shall parking areas for four or more vehicles be designed
to require or encourage cars to back into a public street in order
to leave a lot.
(9)
Maintenance of parking areas. For parking areas of four or more vehicles,
the area not landscaped and so maintained, including driveways, shall
be graded, surfaced with asphalt or other suitable material, and drained
to the satisfaction of the Board of Supervisors and/or Township Engineer
to the extent necessary to prevent dust, erosion, or excessive water
flow across streets or adjoining property.
(10)
Mixed uses. Total requirements shall be the sum of the requirements of the component uses computed separately in § 500-72A(14).
(11)
Fractional space. In all districts when required parking spaces in § 500-72A(14) result in a fractional space, any fraction shall be construed as requiring a full space.
(12)
Other uses not specifically listed. The same requirements as for the most similar use listed in § 500-72A(14).
(13)
Nonapplicability of existing buildings and uses. The provisions of § 500-72 shall not apply to any building or use lawfully in existence at the effective date of this chapter.
(14)
Minimum requirements for accessory garages or parking areas.
As indicated in the following schedule:
|
Use
|
Number of Off-Street Parking Spaces Required
|
Plus 1 Off-Street Parking Space for Each
|
|---|---|---|
|
Amusement establishment
|
1 per 3 persons of capacity
|
2 employees
|
|
Animal preserve
|
1 per 200 square feet of floor area accessible to the public
but a minimum of 4 spaces
|
1 employee
|
|
Automotive gas station
|
1 per 300 square feet of floor area accessible to the public
|
1 employee
|
|
Automotive and machinery repair station
|
1 per 15 vehicles for sale
|
1 employee
|
|
Automotive and machinery sales
|
5 per service bay
|
1 employee
|
|
Automotive service station
|
1 per 300 square feet of floor area accessible to the public
|
1 employee
|
|
Bed-and-breakfast
|
1 per guest bedroom
|
1 resident family plus 1 nonresident employee
|
|
Bowling lane
|
4 per lane
|
1 employee
|
|
Cafe
|
1 per 30 square feet of total floor area
|
2 employees
|
|
Car wash
|
2 per washing lanes
|
2 employees
|
|
Church
|
1 per 3 seats
|
200 square feet of meeting area
|
|
Commercial stable and/or riding academy
|
1 per 3 horses
|
1 employee
|
|
Community/cultural center
|
1 per 400 square feet
|
2 employees
|
|
Day-care center
|
1 per 10 persons cared for
|
1 employee
|
|
Driving range
|
1 per tee
|
2 employees
|
|
Educational institution
|
1 per 4 students age 16 years or older
|
2 employees
|
|
Financial institution including banks
|
1 per 200 square feet of floor area accessible to customers,
plus 3 spaces for each ATM machine
|
1 employee
|
|
Funeral home
|
1 per 50 square feet of assembly room
|
2 nonresident employees plus 1 for any dwelling units
|
|
Game farm
|
1 per 200 square feet of floor area accessible to the public
but a minimum of 4 spaces
|
1 employee
|
|
General services
|
1 per 150 square feet of floor area accessible to customers
|
1 employee
|
|
Golf course
|
4 per hole
|
2 employees
|
|
Home occupation
|
1 per nonfamily member
|
300 square feet of net floor area used by the home occupation
|
|
Hospital
|
1 per 3 beds
|
1 employee
|
|
Hotel, motel
|
1 per guest bedroom
|
2 employees plus 1 per 6 seats in any meeting room
|
|
Industrial and manufacturing uses
|
In addition to parking for storage needed for the maximum number
of vehicles stored, 1 per 500 square feet of office area
|
1 per company vehicle
|
|
Junkyard
|
1 per acre plus 1 per company vehicle
|
1 employee
|
|
Kennel
|
1 per 15 animals with a minimum of 4 spaces
|
1 employee
|
|
Laundromat
|
1 per washing machine
|
1 employee
|
|
Massage establishment
|
1 per 75 square feet of net floor area
|
1 employee
|
|
Mausoleum
|
1 per 10 vaults
|
1 employee
|
|
Medical or dental clinic
|
1 per 100 square feet of net floor area
|
1 employee
|
|
Membership club
|
1 per 4 members
|
1 employee
|
|
Methadone treatment facility
|
1 per 3 beds
|
1 employee
|
|
Miniature golf course
|
2 per hole
|
2 employees
|
|
Mini-mall
|
1 per 200 square feet of total leaseable floor area
| |
|
Nursery/greenhouse
|
1 for 250 square feet of indoor sales area and 10,000 square
feet of outside sales area
|
1 employee
|
|
Office
|
1 per 225 square feet of total floor area
|
1 employee
|
|
Park
|
1 per 3 acres
|
1 employee
|
|
Personal service establishment
|
1 per 150 square feet of floor area accessible to customers
|
1 employee
|
|
Picnic area
|
1 per 3 persons of capacity (50% may be on grass overflow areas
with major driveways in gravel)
|
1 employee
|
|
Public building
|
1 per 400 square feet of floor area
|
2 employees
|
|
Public utility
|
1 per 100 square feet of office area
|
1 employee
|
|
Radio or TV station
|
1 per 400 square feet
|
1 employee
|
|
Restaurant
|
1 per 2 seats
|
1 employee
|
|
Residential dwelling unit
|
3 per dwelling unit
| |
|
Retail store
|
1 per 150 square feet of floor area accessible to the customers
|
1 employee
|
|
Self-storage building
|
1 per 15 storage units
|
1 employee
|
|
Solid waste transfer area/facility
|
In addition to parking for storage needed for the maximum number
of vehicles stored, 1 per 500 square feet of office area
|
1 employee
|
|
Swimming pool, public
|
1 per 40 square feet of water surface
|
1 employee
|
|
Tavern
|
1 per 30 square feet of total floor area
|
1 employee
|
|
Vacation resort
|
1 per guest bedroom
|
1 employee
|
|
Veterinarian office
|
5 per veterinarian
|
1 employee
|
|
Warehouse
|
In addition to parking for storage needed for the maximum number
of vehicles stored, 1 per company vehicle
|
1 employee
|
|
Wholesale trade
|
1 per 250 net floor area
|
1 employee
|
B.
Required off-street truck loading spaces.
(1)
Every building or structure, lot or land hereafter put into use for
commercial or industrial purposes or for a hospital and which has
an aggregate net floor area of 5,000 square feet or more in any district
where such uses are permitted shall be provided with off-street truck
loading spaces in accordance with the following schedule:
|
Square Feet of Aggregate Net Floor Area Devoted to Such Use
(square feet)
|
Required Number of Off-Street Truck Loading Spaces
|
|---|---|
|
5,000 to 25,000
|
1
|
|
25,001 to 40,000
|
2
|
|
40,001 to 100,000
|
3
|
|
Each additional 60,000
|
1 additional
|
(2)
Size of individual truck loading space. An off-street truck loading
space shall have a minimum width of 10 feet, a minimum length of 50
feet, and minimum clear height of 14 feet including its access from
the street.
A.
Every one-way access driveway shall have a minimum unobstructed width
of 10 feet. Every two-way access driveway shall have a minimum total
unobstructed width of 24 feet. No more than 60 feet of total access
driveways will be permitted.
B.
Where a lot does not abut on a public or private road, alley or easement
access, an access driveway not less than 10 feet in width shall be
provided.
C.
Any access driveway may be located within a required side yard abutting
street, required front yard, or required rear yard.
A.
Dust, dirt, smoke, vapors, gases and odors control.
(1)
No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards established under the State Air Pollution Control Act of January 9, 1960, Public Law 2119, as amended, and Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.[1]
[1]
Editor's Note: See 35 P.S. § 4001 et seq., and 25
Pa. Code § 121.1 et seq., respectively.
(2)
No person shall generate odors that are seriously offensive to persons
of average sensibilities beyond the boundaries of a lot line. This
shall not apply to odors created by permitted agricultural uses that
are using normal farming practices. Any spreading of manure and septic
sludge shall follow good soil and water conservation and odor reduction
practices to reduce odor. General standards shall be those recommended
by the Pennsylvania State University Agricultural Extension Service.
B.
Noise control.
(1)
The sound-pressure level of any use (other than the operation of
motor vehicles, excluding motor vehicle racing) shall not exceed,
at any point on the property line, the decibel levels shown below,
subject to the following corrections: subtract five decibels for pulsating
or periodic noises; add five decibels for noise sources operating
less then 20% of any one hour period.
|
Octave Band in Cycles Per Second
|
Maximum Permitted Sound Level in Decibels
| |
|---|---|---|
|
Along Residential Agricultural Boundaries
|
Along Any Other Boundaries
| |
|
0 to 599
|
50
|
55
|
|
600 to 2,399
|
38
|
40
|
|
2,400 to 4,799
|
35
|
38
|
|
Above 4,799
|
32
|
38
|
(2)
Sound-pressure level shall be measured according to the specifications
published by the American National Standards Institute. The Pennsylvania
Department of Environmental Protection may, upon request, make decibel
readings to determine compliance with the above standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Vibration and lighting. No person shall allow any use to be conducted
which is seriously offensive by reason of vibration or light beyond
the limits of its lot or to be dangerous or prejudicial to the public
health, safety or general welfare.
The placement of an accessory use or structure shall be subject
to the following requirements:
A.
Any driveway may be located within any required yard.
B.
Required accessory parking areas and truck loading spaces shall have
safe and adequate access to a public street either by a driveway on
the same lot or by means of a permanent easement across an adjoining
lot.
C.
No required accessory parking area or off-street truck loading space
shall be encroached upon by buildings, open storage, or any other
use.
D.
No accessory building shall be within a minimum front yard requirement
or minimum side yard abutting street requirement in any district.
E.
No accessory structure shall be constructed within 10 feet of any
rear lot line or any side lot line.
F.
No accessory structure shall exceed 20 feet in height.
G.
An accessory use or structure shall be on the same lot with the main
building or buildings.
A.
A private garage or private parking area may be utilized only as
an accessory to the main use, except that no more than two parking
spaces in a private garage accessory to a one-family or two-family
dwelling may be rented to a person who is not a resident of the main
building.
B.
A private garage may be constructed within or under any portion of
a main building.
C.
Nothing contained herein shall prevent the construction of a private
garage as a structural part of a main building, provided that when
so constructed the exterior garage walls shall be regarded as the
walls of the main building in applying the front, rear, and side yard
regulations of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Not more than one commercial vehicle with four or more axles
or two commercial vehicles with less than four axles may be parked
on any lots in R, RC or EP Districts or residential lots in the RV
District, and then only subject to the following requirements:
A.
There shall be a minimum lot size of 1.25 acres, exclusive of any
road right-of-way.
B.
Each commercial vehicle shall be placed in a designated parking area
to be located not closer than 25 feet from any lot line or street
right-of-way line, or 50 feet from any neighboring residence, whichever
is the greater.
C.
Only those commercial vehicles operated by a resident of the lot
shall be parked on that lot.
D.
A zoning permit is required to park a commercial vehicle as regulated
in this section. The application shall be accompanied by a site plan
detailing the layout and dimensions of the parking area.
E.
Nothing in this section shall be construed to regulate or to limit
the use, storage or parking of farm related vehicles off the public
street.
F.
No recreational vehicle or unit shall be parked or stored on any
lot in any district except under a roof or in an enclosed building
or behind the nearest portion of a building to a street; provided,
however, that such equipment may be parked any where on residential
premises for not to exceed 72 hours during loading or unloading. No
such equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residential lot, or in any location
not approved for such use.
A.
Automotive gas station.
(1)
The minimum lot width shall be 200 feet along each street on which
the lot abuts.
(2)
Fuel pumps shall be at least 25 feet from any future street right-of-way
or 50 feet from the street center line, whichever is greater.
(3)
A use that is primarily intended to serve trucks with six or more
wheels shall have a minimum lot area of four acres, and all areas
used for fueling and servicing shall be set back a minimum of 250
feet from all existing residential lot lines and residential zoning
district boundaries.
B.
Automotive and machinery repair station.
(1)
All activities shall be performed within an enclosed building.
(2)
Outdoor storage of automobiles and other vehicles shall only be in
the rear and/or side yard and entirely enclosed with a fence, not
less than six feet high, with screening.
(3)
Outdoor storage of automobile parts and junk shall be prohibited.
(4)
Fuel pumps shall be at least 25 feet from any future street right-of-way
or 50 feet from the street center line, whichever is greater.
(5)
A use that is primarily intended to serve trucks with six or more
wheels shall have a minimum lot area of four acres and all areas used
for fueling and servicing shall be set back a minimum of 250 feet
from all existing residential lot lines and residential zoning district
boundaries.
C.
Automotive service station.
(1)
The minimum lot width shall be 200 feet along each street on which
the lot abuts.
(2)
All activities except those to be performed at the fuel pumps or
air pumps shall be performed within a completely enclosed building.
(3)
Fuel pumps shall be at least 25 feet from any future street line
or 50 feet from the street center line, whichever is greater.
(4)
All vehicular parts and dismantled vehicles shall be located within
a building.
(5)
Vehicles that are taken to a service station for outside storage
because of an accident may remain no longer than 60 days from the
day the vehicle arrives at the station.
(6)
A use that is primarily intended to serve trucks with six or more
wheels shall have a minimum lot area of four acres and all areas used
for fueling and servicing shall be set back a minimum of 250 feet
from all existing residential lot lines and residential zoning district
boundaries.
E.
Bed-and-breakfast.
(1)
The bed-and-breakfast shall be contained within an existing single-family
detached dwelling.
(2)
The height of any addition to an existing single-family detached
dwelling containing the bed-and-breakfast shall not exceed the maximum
height of the existing structure.
(3)
The front, side and rear yards distances of the single-family detached
dwelling containing the bed-and-breakfast shall conform to minimum
yard requirements of the applicable zoning district as set forth in
this chapter.
(4)
Prior to the issuance of any permit for use of the single-family
detached dwelling as a bed-and-breakfast, the permit applicant shall
provide the Zoning Officer with documentation from applicable inspection
agencies that all regulations and building codes[1] have been satisfied.
(5)
Off-street parking spaces shall be on the same lot as the single-family
detached dwelling containing the bed-and-breakfast.
(6)
The single-family detached dwelling containing the bed-and-breakfast
must be owner-occupied, meaning that the owner(s) must reside in the
single-family detached dwelling.
(7)
The number of meals served shall be limited to one per day that being
the breakfast meal.
(8)
All lighting and signs shall conform to the requirements set forth
in this chapter.
F.
Car wash.
(1)
Any car wash shall demonstrate that its use of water will not have
any adverse impact on the water supplies of the surrounding properties.
(2)
A minimum of two access driveways shall be provided.
(3)
Recirculating water supply facilities shall be provided.
(4)
Any car wash that is located within 250 feet of an existing dwelling
shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
G.
Church. The minimum lot area shall be one acre per 100 members for
a church, with a minimum of an additional three acres if a school
or recreational facility is to be located on the same site.
H.
Commercial communications facilities. This section is applicable
to the antennas, nodes, control boxes, towers, poles, conduits, ducts,
pedestals, electronics and other equipment used for the purpose of
transmitting, receiving, distributing, providing, or accommodating
wireless commercial communications services.
(1)
Use. Tower-based commercial communications facilities.
(a)
General requirements for all tower-based commercial communications
facilities (CCF). The following regulations shall apply to all tower-based
commercial communications facilities:
[1]
Standard of care. The CCF applicant shall present documentation
that the tower-based CCF shall be designed, constructed, operated,
maintained, repaired, modified and removed, in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors, and the Electrical Industrial Association/Telecommunications
Industry Association. Certification of the design from a Pennsylvania-registered
professional engineer is required. Any tower-based CCF shall at all
times be kept and maintained in good condition, order and repair by
qualified maintenance and construction personnel, so that the same
shall not endanger the life of any person or any property in the Township.
[2]
Structural requirements.
[a]
Any tower-based CCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/ETA/TIA 222-G Code, as amended).
[b]
A soil report complying with the standards of Appendix
I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall
be submitted.
[c]
The facility shall be constructed to withstand
a wind velocity of 100 miles per hour as well as all proposed placements
or co-location of nontower CCFs.
[d]
A copy of the structural analysis, signed and sealed
by a registered structural engineer licensed in the Commonwealth of
Pennsylvania, shall be submitted to the Township.
[3]
Public safety communications. No tower-based CCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[4]
Maintenance and inspection. The following maintenance and inspection
requirements shall apply:
[a]
Any tower-based CCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[d]
Guyed towers and other wireless support structures
shall be inspected every three years and self-supporting towers/monopoles,
shall be inspected every five years. All towers shall be inspected
after severe wind (sustained tropical storm or hurricane force winds)
or ice storms or other extreme loading conditions. Inspection reports
shall prepared by a licensed professional engineer and submitted to
the Township Engineer for review.
[5]
Radio frequency emissions. No tower-based CCF may, by itself
or in conjunction with other CCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[6]
Historic buildings or districts. No tower-based CCF may be located
on a building, structure, or site that is listed on either the National
or Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or has been designated by the Township as being of historic significance.
[7]
Identification. All tower-based. CCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township. The Township shall be notified of the use or storage
of external power sources, such as batteries or fuel tanks.
[8]
Lighting and signage. No signs or lights shall be mounted on a tower-based CCF except as required by law, the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or any other governmental agency having jurisdiction over the same. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Emergency lighting for any accessory facility/building and signage as allowed in Subsection H(1)(a)[7] above is permitted, subject to Township review and approval.
[9]
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color to harmonize with the
surroundings.
[10]
Noise. Tower-based CCFs shall be operated and
maintained so as not to produce noise in excess of applicable noise
standards under state law and the Township Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
[11]
Aviation safety. Tower-based CCFs shall comply
with all federal and state laws concerning aviation safety and applicable
airport zoning regulations.
[a]
Documentation from the Federal Aviation Administration
(FAA) shall be submitted by the applicant for any tower-based CCF
exceeding 200 feet in height stating that the subject CCF is approved
by the FAA.
[b]
Any applicant for a proposed tower-based CCF located
within a radius of five aerial miles of any airport shall notify said
airport, in writing, of its intent to construct a CCF prior to construction.
[12]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the tower-based
CCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this section. The applicant
and/or owner of the tower-based CCF shall reimburse the Township for
all costs of the Township's consultation(s) in providing expert evaluation
and consultation in connection with these activities.
[13]
FCC license. The applicant shall submit to the
Township a copy of its current Federal Communications Commission (FCC)
license and the name, address, emergency number, and operator of the
facility.
[14]
Insurance. Each person that owns or operates a
tower-based CCF shall provide the Township with proof of insurance.
A certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum of $1,000,000 per occurrence covering the
communication facility is required. The Township, its employees, Engineer,
Solicitor, planner, and other relevant professional shall be named
additional insured and the certificate shall provide, as a minimum,
that the additional insured shall be notified not less than 60 days
in advance of the insurance not being renewed or being cancelled for
any reason.
[15]
Timing of decision. Within 30 calendar days of
the date that an application for a tower-based CCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. Where
a conditional use approval is required, the governing body shall render
a decision within 45 days after the last hearing before the governing
body. All other applications, including land development, for tower-based
CCFs shall be acted upon within 90 days of the receipt of a fully
completed application for the approval of such tower-based CCF and
the Township shall advise the applicant in writing of its decision.
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the ninety-day review period.
[16]
Nonconforming uses. Nonconforming tower-based
CCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location, but must
otherwise comply with the terms and conditions of this section.
[17]
Indemnification. Each person that owns or operates
a tower-based CCF shall, at its sole cost and expense, indemnify,
defend, and hold harmless the Township, its elected and appointed
officials, employees, Engineer, Solicitor, planner, agents, and other
relevant professional consultants, at all times against any and all
claims for personal injury, including death, and property damage arising
in whole or in part from, caused by or connected with any act or omission
of the person, its officers, agents, employees, or contractors arising
out of but not limited to the construction, installation, operations,
maintenance, or removal of a tower-based CCF. 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.
[18]
Removal/financial security. In the event that
use of a tower-based CCF is planned to be discontinued, the owner
shall provide written notice to the Township of its intent to discontinue
use and the date when the use shall be discontinued. If it remains
unused for a period of six consecutive months, the Township will provide
notice to the owner/operator to remove the tower. Unused or abandoned
tower-based CCFs or portions of tower-based CCFs shall be removed
as follows:
[a]
All unused or abandoned tower-based CCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site or from the time the municipality provides
notice, unless a time extension is approved by the Township.
[b]
If the tower-based CCF and/or accessory facility
is not removed within six months of the cessation of operations at
a site from the time the municipality provides notice, or within any
longer period approved by the Township, the tower-based CCF and accessory
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the tower-based CCF.
[c]
Prior to the issuance of a zoning permit, the owner/operator
of the tower-based CCF shall post security, in a form acceptable to
the Township, favoring the municipality, to assure the faithful performance
of the terms and conditions of this section. Security shall be an
amount to cover tower and/or antenna removal and site cleanup. The
security shall be utilized by the Township in the event the owner
or operator of the tower-based CCF does not remove the facility as
outlined in Subsections H(1)(a)[18][a] and [b] above or to recover
any and all compensatory damages incurred by the Township for violations
of this section, after reasonable notice and opportunity to cure.
[d]
The Township must approve all replacements of portions
of a tower-based CCF previously removed.
(b)
Tower-based CCFs outside the rights-of-way. The following regulations
shall apply to tower-based commercial communications facilities located
outside the rights-of-Way:
[1]
Development regulations:
[a]
Allowable districts. Commercial communications
facilities are prohibited as follows:
[i]
No tower-based CCF shall be located closer than
250 feet to an existing residential dwelling or residential zoning
district boundary in which CCFs are prohibited.
[ii]
Tower-based CCFs are prohibited in the Light Industrial,
General Commercial, Rural Village, Rural, and Rural Conservation Zoning
Districts.
[b]
Gap in coverage. An applicant for a tower-based
CCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of tower-based CCF being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Township's decision on an application for approval of tower-based
CCFs.
[c]
Height. Any tower-based CCF outside of the rights-of-way
shall be designed at the minimum functional height and shall not exceed
a maximum total height of 220 feet. Height shall include all subsequent
additions or alterations.
[d]
Sole use on a lot. A tower-based CCF is permitted
as a sole use on a lot subject to the minimum lot area and yards complying
with the requirements for the applicable zoning district.
[e]
Combined with another use. A tower-based CCF may
be permitted on a property with an existing use or on a vacant parcel
in combination with another industrial, commercial, institutional
or municipal use, subject to the following conditions:
[i]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
[ii]
The tower-based CCF may occupy a leased parcel
within a lot meeting the minimum lot size for the zoning district.
The leased parcel shall be, at a minimum, the area needed to accommodate
the tower-based CCF and guy wires, the equipment building, security
fence, and buffer planting.
[iii]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district.
[iv]
Minimum setbacks. The tower-based CCF and accompanying
equipment building shall not be located in the minimum front, rear,
or side yard setbacks for the applicable zoning district. Further,
no tower-based CCF shall be located within 100 feet or the distance
of the fall zone, whichever is greater, from any property line or
existing street right-of-way or 200 feet of any occupied building.
[v]
Vehicular access to the tower-based CCF shall not
interfere with parking or circulation on the site.
[f]
Applicant shall demonstrate, utilizing the most
current technological evidence available, that the commercial communications
facility (CCF) must be constructed where it is proposed in order to
satisfy its function pursuant to the communications industry's technological
requirements.
[2]
Co-location. An application for a new tower-based CCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based CCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based CCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
[3]
Design regulations:
[a]
The tower-based CCF shall employ the most current
standards available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact.
[b]
Any height extensions to an existing tower-based
CCF shall require prior approval of the Township. The Township reserves
the right to deny such requests based upon land use impact or any
other lawful considerations related to the character of the Township.
[c]
Any proposed tower-based CCF shall be designed
structurally, electrically, and in all respects to accommodate both
the CCF applicant's antennas and comparable antennas for future users.
At a minimum the structure and wind load should be able to accommodate
a 10% increase in height or one additional array, not to exceed a
total height of more than 200 feet.
[4]
Surrounding environs:
[a]
The tower-based CCF shall comply with the required
yard requirements of the applicable zoning district.
[b]
The tower-based CCF applicant shall ensure that
the existing vegetation, trees and shrubs located within proximity
to the tower-based CCF structure shall be preserved to the maximum
extent possible.
[5]
Fence/screen:
[a]
A security fence having a maximum height of eight
feet shall completely surround any tower-based CCF, guy wires, parking,
or any building/structure housing CCF equipment.
[b]
An evergreen screen shall be required to surround
the site of the proposed tower-based CCF. The screen shall either
be a hedge (planted three feet on center maximum) or a row of evergreen
trees (planted 10 feet on center maximum). The evergreen screen shall
be at a minimum six feet at planting and shall grow to a minimum 15
feet at maturity. The vegetation utilized should be deer resistant.
[c]
The tower-based CCF applicant shall submit a landscape
plan for review and approval by the Township for all proposed screening.
[d]
Alternate forms of screening, other than the landscaping
outlined above, may be permitted if reviewed and approved by the Board
of Supervisors.
[6]
Accessory equipment:
[a]
Ground-mounted equipment associated to, or connected
with, a tower-based CCF shall be underground. In the event that an
applicant can demonstrate that the equipment cannot be located underground
to the satisfaction of the Township Engineer, then the ground-mounted
equipment shall be screened from public view.
[b]
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback and height
requirements of the underlying zoning district.
[7]
Additional antennas. As a condition of approval for all tower-based
CCFs, the CCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based CCFs where technically and economically feasible.
The owner of a tower-based CCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
[8]
Access road/lease area. Adequate emergency and service access
to tower-based CCF must be provided.
[a]
Access shall be provided to the facility by means
of a public street or easement to/from a public street unless waived
in writing by the Weisenberg Township Board of Supervisors. The easement
shall be a minimum to 20 feet in width and shall be improved to a
width of at least 10 feet with a paved surface for its entire length.
Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural
contours to assure minimal visual disturbance and minimize soil erosion.
[b]
A minimum of two off-street parking spaces shall
be provided for a tower-based CCF.
[c]
A turnaround area must be provided within the fenced
area to allow adequate access by all service and emergency vehicles.
[9]
Site plan required. In order to determine if the requirements
of this section are met, the applicant shall present a site plan showing,
at a minimum, the following items:
[a]
Locations of all existing and purposed uses on
the subject site including the proposed tower-based CCF.
[b]
Elevations and drawings of any existing uses and
proposed tower-based CCFs, showing proposed width, depth, height,
architectural style and structural data for any towers, antenna, etc.,
proposed.
[c]
Site boundary, lease area boundary, zoning data,
setbacks/yards, and adjacent uses.
[d]
Vehicular access, fencing, landscaping, utility
and/or access easements.
[10]
Inspection. The Township reserves the right to
inspect any tower-based CCF to ensure compliance with the provisions
of this section and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a tower-based
CCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(c)
Tower-based CCFs in the rights-of-way. The following regulations
shall apply to tower-based commercial communications facilities located
in the rights-of-way:
[1]
Development regulations:
[a]
No tower-based CCF shall be located within the
existing or future rights-of-way of any Township owned arterial or
local road as designated by the Township.
[b]
Tower-based CCFs are permitted in all other existing
rights-of-way.
[c]
The applicant shall provide proof of authorization
from the owner of the right(s)-of-way for the location(s) of the proposed
tower(s).
[d]
The application shall be accompanied by plans and
other materials, as required by this chapter, describing the use and
locations proposed. Such plans and other materials shall provide sufficient
basis for evaluating the applicant's requests.
[2]
Gap in coverage. An applicant for a tower-based CCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
tower-based CCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based CCFs in the
right-of-way.
[3]
Height. Any tower-based CCF in rights-of-way, shall be designed
at the minimum functional height and shall not exceed a maximum total
height of 50 feet, which height shall include all subsequent additions
or alterations. All tower-based CCF applicants must submit documentation
to the Township justifying the total height of the structure.
[4]
Co-location. An application for a new tower-based CCF in the
right-of-way shall not be approved unless the Township finds that
the proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a tower-based CCF shall include
a comprehensive inventory of all existing towers and other suitable
structures within a one-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Township
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
[5]
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based CCFs in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Township and the
requirements of the Public Utility Code.
[6]
Equipment location. Tower-based CCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the right-of-way as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment that cannot be placed
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features to the satisfaction
of the Township.
[c]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[e]
Any underground vaults related to tower-based CCFs
shall be reviewed and approved by the Township.
[7]
Design regulations.
[a]
The tower-based CCF shall employ the most current
standards available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact.
[b]
Any height extensions to an existing tower-based
CCF shall require prior approval of the Township and shall not increase
the overall height of the tower-based CCF to more than 50 feet.
[c]
Any proposed tower-based CCF shall be designed
structurally, electrically, and in all respects to accommodate both
the CCF applicant's antennas and comparable antennas for future users.
[8]
Additional antennas. As a condition of approval for all tower-based
CCFs in the right-of-way, the CCF applicant shall provide the Township
with a written commitment that it will allow other service providers
to co-locate antennas on tower-based CCFs where technically and economically
feasible. The owner of a tower-based CCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
[9]
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based CCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any tower-based CCF when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[10]
Compensation for right-of-way use. In addition
to permit fees, every tower-based CCF in the right-of-way is subject
to the Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Township's actual
right-of-way management costs including, but not limited to, the costs
of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Township. The owner of each tower-based CCF shall pay an annual
fee to the Township to compensate the Township for the Township's
costs incurred in connection with the activities described above.
The annual right-of-way management fee for tower-based CCFs shall
be determined by the Township and authorized by resolution of Township
Board of Supervisors and shall be based on the Township's actual right-of-way
management costs as applied to such tower-based CCF.
(2)
Use, nontower commercial communications facilities.
(a)
General requirements for all nontower commercial communications
facilities (CCF) and base stations.
[1]
Standard of care. Any nontower CCF that is considered a co-location,
modification, or replacement shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any nontower CCF shall at all
times be kept and maintained in good condition, order and repair by
qualified maintenance and construction personnel, so that the same
shall not endanger the life of any person or any property in the Township.
The Township shall be notified of the use or storage of external power
sources, such as batteries or fuel tanks.
[2]
Wind and load.
[a]
Any nontower CCF that is considered a co-location,
modification, or replacement shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TTA 222-G Code, as amended).
[b]
The wireless support structure to which the nontower
CCF is attached shall be able to withstand the additional structural
load of the co-location, modification, or replacement.
[c]
A copy of the structural analysis, signed and sealed
by a registered engineer in the State of Pennsylvania, shall be submitted
to the Township and reviewed as a portion of the permitting process
for co-locations, modifications, or replacements.
[3]
Public safety communications. No nontower CCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[4]
Aviation safety. Nontower CCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
[5]
Radio frequency emissions. No nontower CCF may, by itself or
in conjunction with other CCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[6]
Historic buildings. Nontower CCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or the official historic structures and/or
historic districts lists maintained by the Township or has been designated
by the Township as being of historic significance.
(b)
Nontower CCF development regulations; no substantial change.
If the eligible facilities request for a nontower commercial communication
facility or base station is a co-location, modification, or a replacement
that does not substantially change the existing wireless support structure,
then the requirements contained herein will be applicable.
[1]
Permitted in all zoning districts:
[a]
Building permit required. Co-locations, modifications,
or replacements of nontower CCFs or transmission equipment on existing
wireless support structures or base stations are subject to the initial
zoning or land use approvals for the previously approved wireless
support structure or nontower CCF, and subject only to the building
permit review and approval process of the Township.
[b]
No building permit required. Replacement of nontower
CCFs or transmission equipment on existing, Township-approved wireless
support structures or base stations, without an increase in wind or
structural load, may be performed by the applicant without obtaining
a building permit.
[2]
Removal. In the event that use of a nontower CCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
If it remains unused for a period of 12 consecutive months, the Township
will provide notice to the owner/operator to remove the tower. Unused
or abandoned nontower CCFs or portions of nontower CCFs shall be removed
as follows:
[a]
All abandoned or unused nontower CCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site or from the time the municipality provides
notice, unless a time extension is approved by the Township.
[b]
If the nontower CCF or accessory facility is not
removed within three months of the cessation of operations at a site,
or within any longer period approved by the Township, the nontower
CCF and/or associated facilities and equipment may be removed by the
Township and the cost of removal assessed against the owner of the
nontower CCF.
[3]
Timing of decision. Within 30 calendar days of the date that
an application for a co-location, modification, or replacement of
a nontower CCF is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. If additional information is requested
by the Township to complete an application, the time period for review
may be tolled by mutual agreement. Within 60 calendar days of receipt
of the application, accounting for tolling, the Township must make
a final decision regarding the application and shall advise the applicant
in writing of such decision.
[a]
A determination of incompleteness must specifically
delineate all missing information, and specifying the Code provision,
ordinance, application instructions or otherwise publicly stated procedures
that require the information to be submitted.
[b]
Following an applicant's resubmission in response
to a determination of incompleteness, the Township may reach a subsequent
determination of incompleteness based solely on the applicant's failure
to supply the specific information that was requested within the first
30 days.
[c]
The sixty-day review period begins running again
when the applicant makes its supplemental resubmission, however, the
review period may be tolled, once again, if the Township notifies
the applicant within 10 days that the supplemental submission did
not provide the specific information identified in the original notice
delineating missing information.
(c)
Nontower CCF development regulations; substantial change. If
the eligible facilities request for a nontower commercial communication
facility or base station is a co-location, modification, or a replacement
that substantially changes the existing wireless support structure,
then the requirements contained herein will be applicable.
[1]
Permitted in all zoning districts. Nontower CCFs are permitted
in all zoning districts subject to the initial zoning or land use
approvals for the previously approved wireless support structure or
nontower CCF. These CCFs are subject the building permit review and
approval process of the Township.
[2]
Maintenance. The following maintenance requirements shall apply:
[a]
The nontower CCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[3]
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the nontower CCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the nontower CCF shall reimburse the Township for all costs of
the Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
[4]
Timing of decision. Within 30 calendar days of the date that
an application for a nontower CCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant in writing of such decision. If additional information
was requested by the Township to complete an application, the time
required by the applicant to provide the information shall not be
counted toward the Township's ninety-day review period.
[5]
Removal. In the event that use of a nontower CCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned nontower CCFs or portions of nontower CCFs shall
be removed as follows:
[a]
All abandoned or unused nontower CCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site unless a time extension is approved by the
Township.
[b]
If the nontower CCF or accessory facility is not
removed within three months of the cessation of operations at a site,
or within any longer period approved by the Township, the nontower
CCF and/or associated facilities and equipment may be removed by the
Township and the cost of removal assessed against the owner of the
CCF.
[c]
Prior to the issuance of a zoning permit, the owner/operator
of the nontower CCF shall post security, in a form acceptable to the
Township, favoring the municipality, to assure the faithful performance
of the terms and conditions of this section. Security shall be an
amount to cover tower and/or antenna removal and site cleanup. The
security shall be utilized by the Township in the event the owner
or operator of the nontower CCF does not remove the facility as outlined
in Subsection H(2)(c)[5][a] and [b] above or to recover any and all
compensatory damages incurred by the Township for violations of this
section after reasonable notice and opportunity to cure.
[6]
Indemnification. Each person that owns or operates a nontower
CCF shall, at its sole cost and expense, indemnify, defend, and hold
harmless the Township, its elected and appointed officials, employees,
Engineer, Solicitor, planner, agents, and other relevant professional
consultants, at all times against any and all claims for personal
injury, including death, and property damage arising in whole or in
part from, caused by or connected with any act or omission of the
person, its officers, agents, employees, or contractors arising out
of but not limited to the construction, installation, operations,
maintenance, or removal of a nontower CCF. 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.
(d)
Nontower CCFs outside the rights-of-way. If the eligible facilities
request for a nontower commercial communication facility or base station
is a co-location, modification, or a replacement that substantially
changes the existing wireless support structure and is located outside
the right-of-way, then the requirements contained herein, will be
applicable.
[1]
Development regulations. Nontower CCFs shall be co-located on
existing wireless support structures/base stations, subject to the
following conditions:
[a]
Such nontower CCF does not exceed the maximum permitted
height of the existing wireless support structure.
[b]
If the nontower CCF applicant proposes to locate
the communications equipment in a separate building, the building
shall comply with the minimum requirements for the applicable zoning
district.
[c]
An eight-foot-high security fence shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
[2]
Design regulations.
[a]
Nontower CCFs shall be treated to match the supporting
structure in order to minimize aesthetic impact.
[b]
Nontower CCFs, which are mounted to a building
or similar structure, may not exceed a height of 15 feet above the
ground.
[c]
All nontower-based CCF applicants must submit documentation
to the Township justifying the total height of the nontower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[d]
Antennas and their respective accompanying support
structures shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[3]
Inspection. The Township reserves the right to inspect any nontower
CCF to ensure compliance with the provisions of this section and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a nontower CCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
(e)
Nontower CCFs in the rights-of-way. If the eligible facilities
request for a nontower commercial communication facility or base station
is a co-location, modification, or a replacement that substantially
changes the existing wireless support structure and is located in
the right-of-way, then the requirements contained herein will be applicable.
[1]
Co-location. Nontower CCFs in the right-of-way shall be located
on existing poles/base stations, such as existing utility poles or
light poles or other wireless support structures.
[2]
Design requirements.
[a]
Nontower CCF installations located above the surface
grade in the public right-of-way, including but not limited to those
on streetlights and joint utility poles, shall consist of equipment
components that are no more than six feet in height and that are compatible
in scale and proportion to the structures upon which they are mounted.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
[b]
Antennas and all support equipment shall be treated
to match the supporting structure. Nontower CCFs and accompanying
equipment shall be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted.
[3]
Equipment location. Nontower CCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the right-of-way as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment shall be located underground.
In the event an applicant can demonstrate to the satisfaction of the
Township Engineer that ground-mounted equipment cannot be placed underground,
then all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Township.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the nontower CCF or on any accessory
equipment shall be removed at the sole expense of the owner within
10 business days of notice of the existence of the graffiti.
[e]
Any underground vaults related to nontower CCFs
shall be reviewed and approved by the Township.
[4]
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower CCFs in the right-of-way based on public safety, traffic
management, physical burden on the right-of-way, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
[5]
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a nontower CCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any nontower CCF when the Township, consistent
with its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[6]
Compensation for right-of-way use. In addition to permit fees,
every nontower CCF in the right-of-way is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the right-of-way. Such compensation for right-of-way
use shall be directly related to the Township's actual right-of-way
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other right-of-way management activities by the Township.
The owner of each nontower CCF shall pay an annual fee to the Township
to compensate the Township for its costs incurred in connection with
the activities described above. The annual right-of-way management
fee for nontower CCFs shall be determined by the Township and authorized
by resolution of Township Board and shall be based on the Township's
actual right-of-way management costs as applied to such nontower CCF.
I.
Day-care center.
(1)
All outdoor play areas shall be entirely enclosed with a fence, not
less than four feet high.
(2)
Outdoor play areas shall be limited to use between 8:00 a.m. and
8:00 p.m. and shall not be closer than 50 feet to any residential
lot line or 30 feet to any commercial lot line.
(3)
A letter from the applicable federal or state agency that all federal
and state regulations for day-care centers have been met shall be
provided before the issuance of an occupancy certificate.
(4)
Shall have constant supervision during all hours of operation.
J.
Hospital.
(1)
Letters from the applicable federal and state agencies shall be provided
to indicate that all federal and state regulations for the facility
have been met prior to the issuance of an occupancy certificate.
(2)
The use shall provide a minimum of 20% of the site suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
K.
Massage establishment.
(1)
No massage establishment shall be located within 500 feet of any
school, church, or the boundary of any other zoning district established
by this chapter. The Board may authorize the establishment of a massage
establishment within 500 feet of a school, church or the boundary
of any other zoning district, only if the following findings are made
by the Board:
(a)
That the applicant has presented to the Board a petition which
indicates approval of the proposed use by 51% of the persons owning,
residing or doing business within a radius of 500 feet of the location
of the proposed use. The applicant shall have attempted to contact
all eligible locations within this radius and must supply a list of
all addresses at which no contact was made. The circulator of the
petition shall have subscribed to an affidavit attesting to the fact
that the circulator personally witnessed the signatures on the petition
and that the same were affixed to the petition by the persons whose
names appear thereon.
(b)
That the proposed use will not adversely affect the safe and
comfortable enjoyment of properties in the neighborhood and will not
be detrimental to the general character of the area.
(c)
That the establishment of the proposed use in the area will
not be contrary to any program of neighborhood conversation and will
not interfere with any program of village renewal.
(2)
No massage establishment shall be conducted in a mobile home or other
readily transportable structure or unit.
(3)
No massage establishment shall be approved without the applicant
entering into a written agreement with the Board of Supervisors that
no advertising signs will be located within the Township respecting
the proposed use, which agreement shall provide for the applicant
being required to reimburse the Township for reasonable and necessary
court costs, attorneys' fees, fitness fees, and incidental costs incurred
by the Township in enforcing the agreement.
O.
Solar energy system.
(2)
The design of the solar energy system shall conform to applicable
industry standards.
(3)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
(4)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, and landscaping that will
blend the facility into the natural setting and existing environment.
(5)
The installation of solar energy systems is subject to all local
utility company requirements for interconnection.
(6)
Reflection of ground-mounted solar panels should be directed away
from adjoining lots and streets and should provide landscaping screening
where needed to block the reflection.
(7)
Roof-mounted solar panels shall be permitted as integrated solar
panels as the surface layer of the roof or separate flush mounted
solar panels attached to the roof surface.
(8)
Any component of a solar energy system which has not been active
in continuous service for a period of one year shall be removed from
the property to a place of safe and legal disposal.
(9)
The former solar site shall be restored to its natural condition
within six months of the removal from the property.
P.
Swimming pool, private.
(1)
A private swimming pool shall not be located, constructed or maintained
on any lot or land area, except in conformity with the requirements
of these regulations.
(2)
A permit shall be required to locate, construct, or maintain a private
swimming pool.
(3)
Such pool shall be not less than 20 feet from side and rear lot lines.
(a)
Every private swimming pool located on a lot of two acres or
more shall not be located closer than 40 feet from side or rear lot
lines.
(4)
Such pool shall be located at least 50 feet from any street right-of-way
line.
(5)
Such pool shall not occupy more than 25% of the rear and side yard
areas, including all accessory structures.
(6)
No more than 1,500 gallons of water can be drawn from private wells
to fill a swimming pool.
(7)
No loudspeaker or amplifying device shall be permitted which will
project sound beyond the bounds of the property or lot where such
pool is located.
(8)
No lighting or spot lighting shall be permitted which will shine
directly beyond the bounds of the property or lot where such pool
is located.
(9)
Any dam, pond or water reservoir constructed for agricultural uses
on a working farm, provided it is within all yard requirements, is
not subject to the private swimming pool regulations.
In all districts, signs may be erected, altered, maintained,
used, removed or moved only in compliance with the provisions of this
section and any other regulations of the Township relating to the
erection, alteration, maintenance, use, removal or moving of signs
and similar devices.
A.
Maximum permitted sizes. In all districts, maximum permitted sizes
of signs of each type shall be in accordance with the regulations
contained in the following schedule, except name of farm or owner
or decorative designs may be part of any building on a working farm
describing that part of their agricultural or an animal husbandry
business.
|
Signs
| ||||
|---|---|---|---|---|
|
District
|
Home Occupation
(square feet)
|
Identification of Business or Industrial Building or Use
(square feet)
|
Real Estate "For Sale" or "For Rent" Sign or Construction Sign
(square feet)
|
Advertising Sign
(square feet)
|
|
R
| ||||
|
RC
|
3
|
6
|
6
|
Prohibited
|
|
EP
| ||||
|
RV
|
2
|
12
|
6
|
Prohibited
|
|
GC
|
3
|
12*
|
12
|
Prohibited
|
|
LI
| ||||
|
GI
|
3
|
144*
|
32
|
672
|
|
*
|
Except for each building wall or facade: two square feet aggregate area for each one foot horizontal length of facade, but not to exceed an aggregate area of 120 square feet on any one facade, except as provided in § 500-79B(14). Not more than two building walls or facades shall be utilized per lot.
|
B.
Supplemental sign regulations.
(1)
An identification sign of a home occupation on a resident's building
shall be fixed flat on the main wall of such building and shall not
project more than six inches or may be erected in the front yard.
Such sign may be interior-lighted.
(2)
A sign not over six square feet in area, fixed to the main wall of
a church, parish house, club, school, or public or semipublic building
shall be permitted, or may be erected in the front yard. Such sign
may be interior-lighted. Not more than two such signs shall be permitted
on a lot.
(3)
Real estate "for sale" or "for rent" sign, or a construction sign,
shall apply only to the property upon which it is placed. Not more
than two such signs shall be permitted on any one property or premise.
No permit is required.
(4)
No sign shall be erected, hung, attached or displayed until a written
application has been made to the Zoning Officer and a permit has been
issued.
(5)
Exemptions. These provisions shall not apply to signs six square
feet or smaller for special purposes, such as, but not limited to,
political, special events, directional or seasonal signs.
(6)
Number of signs and setback. Not more than two signs shall be permitted
on any lot. No sign shall be located within 10 feet of the edge of
a street cartway, except any sign 32 square feet or larger must be
placed a minimum of 30 feet off the street cartway.
(7)
Projection. No sign shall project more than 12 inches from the building
facade to which it is attached.
(8)
Height. No sign that is a part of or is supported by a building shall
be erected upon the roof of such building, nor shall such sign extend
above the height of the wall. No sign erected directly upon the ground
shall be more than eight feet in height in the residential districts
and no more than 25 feet in height in the commercial districts, except
an advertisement sign may not exceed 35 feet in height. The height
is the vertical distance measured from the average ground level at
the base of the supporting structure to the highest point of the sign
and/or its supporting structure.
(9)
Clearance. No sign structure erected directly upon the ground shall
have less than three feet of clear space between such sign and the
ground, provided that necessary supports may extend through such open
space.
(10)
Spacing. No sign structure erected directly upon the ground
shall be within five feet of any other sign structure.
(11)
Relationship to street intersection. No sign shall be erected,
attached, or displayed within 25 feet of the point of intersection
of the street lines at a street corner.
(12)
Illumination. Signs may be interior-lighted with nonglaring
lights or may be illuminated by shielded floodlights; provided, however,
that no red, green or amber lights shall be permitted within 75 feet
of the point of intersection of the street lines at a street corner.
The following signs are prohibited: banners, spinners, flags, pennants
or any moving object used for commercial advertising purposes, whether
containing a message or not, and flashing, blinking, twinkling, animated
or moving signs, not including signs that alternately display the
time and temperature. All lights shall be shielded in such a manner
that no detrimental light or glare will be created in the neighborhood.
(13)
Open lettered signs. In any Commercial District, when a business
sign or signs consist of open lettering through which at least two-thirds
of the circumscribing plane surface of building facade remains directly
visible, such sign or signs, on each building facade, may have an
aggregate area of six square feet for each one foot horizontal length
of such facade, but shall not exceed an aggregate area of 150 square
feet, a height of 15 feet or a width of 20 feet on any one facade.
(14)
Road marking signs. Signs marking street names, road or intersection conditions, or other similar uses shall not be subject to the preceding provisions of § 500-79.
(15)
Temporary sign. When date of specified public event, such as sale, show or contest is part of sign, one or two signs not exceeding a total surface area of 32 square feet may be erected 30 days prior to the event, in the front or side yard abutting street of lot where event will take place. Signs shall not conflict with § 500-70 and must be removed within 24 hours after the event.
A.
Unlawful uses not to be construed as nonconforming. An unlawful building
or structure, or unlawful use of a building, structure, lot or land
existing at the effective date of this chapter shall not be deemed
to be a nonconforming building, structure or use.
B.
Continuation of nonconforming uses. Any lawful use which occupies
any building or structure, lot or land at the effective date of this
chapter or any amendment thereto, but does not comply with the permitted,
accessory or special exception use regulations of the district in
which it is situated after the effective date of this chapter or any
amendment thereto, may be continued as a nonconforming use in the
building or structure or upon the lot or land so occupied. All other
uses are conforming uses.
C.
Restoration.
(1)
The Zoning Officer may require the Planning Commission to approve
the site plan before issuing a permit if a building or structure used
as a nonconforming use is damaged wholly or partially by fire, explosion,
flood or other phenomenon, or legally condemned as not habitable.
The structure may be reconstructed and used the same as before, provided
that the floor area of such use and the building or structure area
of lot area shall not exceed that which existed prior to the damage
or condemnation and that reconstruction starts within six months and
is completed within one year of damage or condemnation.
(2)
The Zoning Officer may require the Planning Commission to approve
the site plan before issuing a permit to reconstruct, restore, repair,
or structurally alter a nonconforming structure devoted to a conforming
use, if partially or completely damaged or condemned, providing construction
starts within six months and is completed within one year of damage
or condemnation or the building area is not located within the street
right-of-way.
D.
Extension.
(1)
For the purpose of this chapter, a nonconforming use or structure
exists only upon the lot on which it is actively engaged, constructed
or affixed, and is not part of adjacent lots even if the adjacent
lots are in the same ownership.
(2)
A nonconforming structure may be enlarged provided the floor area
and height of addition is not greater than the existing structure
and the front and side yard distance to the lot line is not less than
the existing structure and has a conforming use.
(3)
Extension of nonconforming structure shall not begin until plans
showing the proposed extension, as well as all prior extensions of
the nonconforming structure, have been presented to and approved by
the Zoning Officer.
(4)
The total building or structure floor area used by a nonconforming
use or the total area covered by impervious surfaces of a nonconforming
use shall not be increased by greater than 50% beyond each such measurement
that existed in such use at the time such use became nonconforming.
The maximum increase shall be measured in aggregate over the entire
life of the nonconformity.
E.
Change of use.
(1)
A nonconforming use may be changed to a conforming use or to another nonconforming use pursuant to § 500-92.
(2)
A nonconforming use of a building or land that has been changed to
a more restricted classification shall not thereafter be changed to
a use of a less restricted classification.
(3)
A nonconforming use shall not be extended to displace a conforming
use.
F.
Termination. A nonconforming use shall be deemed to have been terminated
and shall not thereafter be reinstated:
(1)
When it is changed to a conforming use.
(2)
When it has been voluntarily discontinued for a period of 12 consecutive
months where such nonconforming use is in a building or structure
designed for such use.
(3)
When it has been voluntarily discontinued for a period of six consecutive
months where such nonconforming use is in a building or structure
not designed for such use or is on a lot or land whereon there is
no consequential building or structure devoted to such use.
G.
Repairs and maintenance. Normal maintenance and repairs of a building
or other structure containing a nonconforming use is permitted, provided
it does not extend the floor area occupied by the nonconforming use.
H.
Identification of nonconforming use or structure. The Zoning Officer
may identify and register nonconforming uses, structures and lots
in the Township of Weisenberg as an aid to the enforcement of this
chapter. Failure by the Zoning Officer to identify and register a
nonconforming use or structure is not to be construed as a recognition
that a use, structure or lot is in conformance with this chapter.
