[Ord. 187, 4/18/2008]
1.
Existing
Nonconforming Lots.
A.
Nonconforming
Lots in All Districts. A nonconforming lot, separated in ownership
from any adjoining tracts of land on the effective date of this Chapter
may be used for a one family residence in any district in which such
use is permitted provided such lot shall be developed in conformity
with all applicable district regulations other than minimum lot area,
lot width, side yard and rear yard. Existing small lots meeting the
above stipulations shall comply with the following; provided, that
no one family residence shall be erected upon a lot having a width
of 58 feet or less, except pursuant to variance application procedures
as hereinafter set forth:
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One-Family Residences
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For Lots Having a Width (In Feet) Greater than but less than
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Minimum Side Yard (In Feet)
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Total Both Side Yards (In Feet)
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Minimum Rear Yard (In Feet)
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99
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150
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20
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45
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20
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79
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100
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15
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35
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15
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59
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80
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12
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30
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10
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B.
Nonconforming
Lots in Nonresidential Districts. If a nonconforming lot is located
in a nonresidential district then a building may be constructed on
it for any use permitted in the district in which the lot is located
provided that the off-street parking and loading requirements and
all yard requirements for the applicable district are complied with.
2.
Exceptions
to Yard and Height Requirements.
A.
Entries
and Porticos. A roofed-over or unenclosed projection in the nature
of an entry or portico, not more than eight feet wide and extending
not more than six feet out from the wall of the building shall be
exempt from front yard requirements when the building otherwise complies
with all other yard requirements of this Chapter.
B.
Porches.
A roofed-over porch, not in excess of 12 feet wide, may project into
the required rear yard provided such projection is not located closer
than 15 feet from any rear or side lot line.
C.
Setback
Exception. When an unimproved lot is situated between two improved
lots, each having a principal building within 20 feet of the side
lot line of the unimproved lot, the front yard may be reduced to a
depth equal to that of the greater front yard of the two adjoining
lots but not less than 20 feet in residential districts and 10 feet
in nonresidential districts.
D.
Front
Yards on Narrow Roads. On roads with less than a forty-foot right-of-way,
the front yard setback shall be measured from the center line of the
existing road, and 20 feet shall be added to the front yard setback.
E.
Exceptions
to Height Regulations. District height limitations shall not apply
to church spires, cupolas, domes, monuments, water towers, chimneys,
smoke stacks, farm structures, silos, flag poles, utility poles. Radio
and television masts, antennas or aerials shall be permitted to be
attached to and extend above existing structures a maximum of 20 feet.
F.
Projection
Architectural Features. Bay windows, cornices, eaves, fireplaces,
chimneys, window sills, or other architectural features not required
for structural support may project into the required side, front or
rear yard not more than a total of three feet.
G.
Limited
Township Exemption. The minimum lot area and minimum lot width and
height requirements of this Part shall not apply to uses or structures
located on Smithfield Township property, for uses and structures that
are intended for a legitimate governmental, recycling, public utility,
public health and safety purposes or other public benefit.
3.
Conservation
Subdivisions. A conservation subdivision is one where lots or dwelling
units are clustered closer together on a tract with the specific objective
of creating large usable sections of open space on the remainder of
the property and without substantially increasing density for the
tract as a whole. Conservation subdivisions shall be allowed in any
district where residential uses are permitted. The purposes of conservation
subdivision include:
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Guiding the development of Smithfield Township consistent with
its adopted Comprehensive Plan.
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Guiding detailed analysis of parcels to identity the best areas
for development and conservation.
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Maintaining the existing landscape character by preserving open
spaces and natural resources.
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Preserving scenic views by minimizing views of new development
from existing roads.
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Preserving prime agricultural and forest land by concentrating
housing elsewhere.
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Providing common open space for recreation by home buyers and,
if necessary, the community.
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Providing lot sizes, housing choices and building densities
for all age and income groups.
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Providing buffering between residential development and nonresidential
uses.
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Minimizing disturbance to the existing environment while accommodating
growth.
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Provided below is an illustration, followed by the regulations
that shall apply to such development in Smithfield Township:
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A.
The Township Board of Supervisors shall be authorized, simultaneously with the approval of plans under the Smithfield Township Subdivision Ordinance [Chapter 22], to modify applicable provisions of this Chapter so as to accommodate conservation subdivision projects. Conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed within any Smithfield Township residential district and be processed pursuant to subdivision plat approval procedures.
B.
The Planning
commission or Township Board of Supervisors may also suggest conservation
subdivision, as a form of development, in those instances where conventional
subdivisions or residential developments would cause significant loss
of open space or otherwise result in significant negative environmental
impacts. An alternative sketch plan employing this concept may be
required.
C.
Conservation
subdivisions provide for single and multi-family dwelling units wherein
dwelling units are grouped in sections in order to maximize the amount
of common open space and to preserve the natural features. Proposed
developments shall be processed in the same manner as a major subdivision
and in accordance with the standards below.
D.
Conservation
subdivisions shall include at least five lots and 10 acres of contiguous
land. The Planning Commission shall have the authority to request
the submission of an alternative sketch plan, for any subdivision
of 10 lots or more, depicting how the property might be developed
using this technique. If this alternative sketch plan is determined
to provide a superior design in accord with the purposes of this Chapter,
the Board of Supervisors may offer a density bonus in return for use
of the conservation subdivision technique. Such bonus shall be determined
using the following criteria:
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0% to 25% open space
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No density bonus
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26% to 30% open space
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10% density bonus
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31% to 35% open space
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15% density bonus
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36% to 40% open space
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20% density bonus
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41% to 45% open space
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25% density bonus
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46% to 50% open space
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30% density bonus
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50% + open space
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35% density bonus
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Nothing herein, however, shall require the Township
Board of Supervisors to offer a density bonus or full bonus in those
circumstances where the site limitations are such that increased density
would materially impact the quality of the natural environment, threaten
public health and safety or excessively burden public services. These
bonuses have been created concurrently with the lowering of densities
in certain zoning districts (e.g., R-1 District minimum lot area with
on-site sewage and on-site water has been increased from 40,000 square
feet to 50,000 square feet). Where application of the density bonus
results in a total potential build-out greater than that which was
possible prior to the availability of density bonuses hereunder, the
Board may limit the bonus to maintain a comparable overall density
to that possible prior to the availability of bonuses.
E.
The maximum permitted number of dwelling units before density bonuses shall be determined from the sketch plan submitted for a conventional single-family subdivision with one unit per lot. Such yield plan shall illustrate all proposed lots, streets, right-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. Nevertheless, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances, the type of sewage system proposed, and, if unsewered, the suitability of soils for subsurface sewage disposal. The yield plan shall also be based on minimum lot sizes and other development standards for the zoning district involved, excepting that the provisions of § 27-401, Subsection 2, shall not apply.
F.
Only
single-family detached and two family dwellings shall be employed
in this concept. All other dwelling types shall be considered multi-family
dwellings.
G.
Development
standards for streets, lot size, lot width, lot coverage and lot depth
may be reduced, provided no dwelling structure (single-family or two
family) is located on less than:
(1)
Forty thousand square feet of land where both on-site sewer and water
facilities are to be provided.
(2)
Thirty thousand square feet of land where central water facilities
and on-site sewer facilities are to be provided.
(3)
Fifteen thousand square feet of land where on-site water facilities
and central sewer facilities are to be provided.
(4)
Seven thousand five hundred square feet of land where both central
sewer and central water facilities are to be provided.
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This shall not, however, preclude smaller lots for purposes
of conveying title to individual property interests under condominium
ownership where these development standards are otherwise met. A mix
of lot sizes will be encouraged and up to 20% may consist of lots
of 10 acres or more that shall be counted as open space for density
calculation purposes, if deed restricted from further subdivision.
Such lots shall not represent more than 50% of the open space, however,
and shall be contiguous to such open space. Yard requirements may
also be reduced, but in no instance to less than 20 feet for the front
yard and 10 feet for the side and rear yards, except in instances
where zero lot line development is proposed with compensating yards
on the opposite side. Notwithstanding these yard requirements, however,
all principal structures shall be separated by a distance of at least
40 feet. Also, no more than 35% of any given acre shall be covered
with impervious surface in the form of access drives, parking areas
or structures.
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H.
No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No more than 50% of the permanent open space may consist of wetlands, floodplains, slopes of 25% or more, water bodies and other undevelopable areas unless the same have been incorporated into the open space in such a manner as to make substantial practical use of these areas for trails, other active recreational uses (e.g., ballfields, golf courses and ski slopes) or similar development features, including use for stormwater detention and sewage treatment (see Subsection 3K). Such determination shall, however, be solely in the discretion of the Township Board of Supervisors. The Township may also require open space linkages with adjoining properties, set-asides of active recreation area for residents and fronting of up to 50% of lots on open spaces. All open space dedicated to such recreational use shall be accessible by all residents of the conservation subdivision.
I.
The open
space resulting from conservation subdivision design shall be permanently
protected through a conservation easement that limits future development
and requires conservation of open spaces consistent with the detailed
requirements of this Chapter. The easement shall be titled to a property
owners association (POA), land trust, municipality or other public
entity (e.g., the County or School District) and/or placed under the
management of such an organization to ensure the perpetual maintenance
of the open space in its generally existing condition, which land
may be used for any Township approved open space purpose including
farming, active or passive recreational use and similar activities
that will effectively preserve open spaces and the existing landscape
character, prior to the sale of any lots or dwelling units with the
subdivision.
J.
Membership
in any POA to which open space is to be dedicated shall be mandatory
for each property owner within the subdivision and successive owners
with voting of one vote per lot or unit and the subdivider’s
control, therefore, passing to the individual lot/unit owners on sale
of the majority of the lots or units. All restrictions on the ownership,
use and maintenance of common open space shall be permanent and the
POA shall be responsible for liability insurance, local taxes, and
maintenance of all open space, recreational facilities and other commonly
held amenities. Each property owner must be required to pay their
proportionate share of the POA’s cost and the POA must be able
to file liens on the lot/unit owner’s property if levied assessments
are not paid. The POA must also have the ability to adjust the assessment
to meet changing needs.
K.
Wells
and sewage treatment systems of either an individual or community
nature may be located within or extend into open space areas provided
that land occupied by for infrastructure associated with such systems
shall not count toward open space requirements and further provided
that subsurface sewage disposal methods are employed, all required
isolation distances are observed and the ownership and maintenance
responsibilities associated therewith are clearly defined in agreements
submitted for approval as part of the subdivision application. No
application shall be approved that does not provide buyers of lots
served by individual or community subsurface systems with both the
legal authority and the responsibility, individually or collectively,
to maintain all sewer and water facilities on a continuing basis.
Likewise, portions of street right-of-ways may be included within
the required open space where such portions are not cleared in conjunction
with the initial street construction.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; and by Ord. 237, 7/28/2020]
1.
Corner
Lots.
A.
Obstructions
at Road Intersections. No obstruction to vision (other than an existing
building, post, column or tree) exceeding 30 inches in height shall
be erected, planted or maintained on any lot within the triangle formed
by the road lines of such lot and a line drawn between points along
such road lines 30 feet distant from their point of intersection.
B.
Rear
and Side Yards. On a corner lot, front yards are required on both
road frontages, and one yard other than the front yards shall be deemed
to be a rear yard and the other or others, side yards.
2.
Through
Lots. Where a lot extends through from road to road, the applicable
front yard regulations shall apply on both frontages.
3.
Driveways.
No driveway shall provide access to a lot located in another district,
if such lot is used for purposes prohibited in the district in which
the driveway is located.
4.
Waiver
of Yards. No side yard or rear yard shall be required with respect
to lots used for business or industrial purposes where such yard abuts
an operating railroad right-of-way.
5.
Two or
More Buildings on a Lot. Two or more principal buildings located on
a parcel in single ownership shall conform to all the requirements
of this Chapter which would normally apply to each building if each
were on a separate lot. Separation between buildings shall be a minimum
of 40 feet.
A.
A building
group may not be so arranged that any permanently or temporarily inhabited
building is inaccessible by emergency vehicles.
6.
Illumination.
A.
Off-street
parking areas, and areas of intensive pedestrian use shall be adequately
lighted. All such lighting shall be designed and located so as to
direct light away from adjacent residences.
B.
Adequate
lighting shall be provided after dark. Appropriate lighting fixtures
shall be provided for walkways and to identify steps, ramps and signs.
Such lighting shall be designed and located so as to direct light
away from adjacent properties.
C.
When
lot lines of an ED Zone or an M-1 Zone lie within 35 feet of a residential
zoning district boundary or any lot in residential use, any illumination
or floodlighting shall be arranged so there will be no glare of lights
toward such lot or residential district boundary line.
7.
Landscaping.
In an attempt to preserve and enhance the beauty of the natural forestation
of Smithfield Township, all new construction should be carried out
in a manner that prevents complete clearing and grubbing of the natural
growth of the construction site. Where a nonresidential subdivision
or land development is proposed, altered or expanded, landscaping
shall be required in accordance with applicable standards below:
A.
Tree
fences or other approved landscaping features, shall be provided for
screening purposes along any boundary of a commercial, planned boulevard
and/or manufacturing lot which abuts an existing lot used solely for
residential purposes. Minimum height and density of the screening
features shall be approved by the Board of Supervisors.
B.
Trees
or other approved natural landscaping features, such as shrubbery,
grass areas, ornamental bushes or flower beds, shall be required in
a ten-foot wide landscaped area along any street side property line
except, at driveway opening. A four-foot wide landscaped area shall
be required along each non-street side property line except at driveway
openings. All such plantings shall be located on the site in a manner
that will not interfere with traffic and safe sight vision. The maximum
height of shrubbery and bushes shall be 32 inches.
(1)
A minimum of one tree shall be planted within the perimeter planting
area for every 50 feet of the perimeter of the parking area exclusive
of driveway widths. Required perimeter trees shall be planted no less
than 25 feet and no more than 50 feet apart. Interior landscaped islands
within parking areas shall include one shade tree for each 20 feet
in length and five shrubs for each 40 feet in length.
C.
All nonresidential
parking lots for off-street parking or for the storage or movement
of motor vehicles located in front of the building shall be separated
from the ultimate right-of-way line by a buffer yard not less than
25 feet in width. The buffer yard shall include a dense screen planting
of trees, shrubs or other plant barrier to visibility, airborne particles,
glare and noise. Such screen planting may be located within the required
front yard setback and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least four feet
in height when planted and be of such species as will produce, within
two years, a complete year-round evergreen visual screen of at least
six feet in height. The plant material shall include a mix of canopy
trees, flowering trees, evergreens, and deciduous and evergreen shrubs.
(2)
The screen planting shall be maintained permanently, and any plant
material which does not live shall be replaced within six months.
A performance bond shall be posted with the Township in an amount
equal to the estimated cost of trees and plantings, to be released
only after the passage of the third growing season following planting.
A plan for the perpetual care of the buffer area shall be provided
to the Township.
(3)
The screen planting shall be spaced so that at maturity it will not
be closer than three feet from any right-of-way or property line.
(4)
The screen planting shall be broken only at points of vehicular or
pedestrian access.
(5)
No structure, parking area, driveway or road or storage of materials
shall be permitted in the buffer yard, except for necessary driveway
access crossing a buffer.
(6)
Required buffer plantings shall be placed on a berm of four feet
to six feet in height; except, however, where the topographic conditions
or existing vegetation make it impractical or undesirable to accommodate
a berm and so long as the intent of this Section has been met.
(7)
The following quantities of plant materials shall be required:
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Buffer Planting Requirements
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Plant types
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Size
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Plant Quantities Required
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Evergreens
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6 to 7 feet in height; 3 to 3 1/2 inches caliper
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1 evergreen per 20 feet of buffer
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Shade trees
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1 shade tree per every 3 evergreens, or approximately 1 per
60 feet of buffer length
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Ornamental Flowering Trees
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8 to 10 feet in height; 2 1/2 inches caliper
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1 flowering tree per every 3 evergreens, or approximately 1
per 60 feet of buffer length
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Shrubs
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Minimum 4 feet in height
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5 shrubs for every 1 evergreen or approximately 1 per 4 feet
of buffer length
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D.
In addition
to conforming to all parts of this Section, all planting shall be
done in accordance with good nursery and landscape practice. Trees
shall be of nursery stock quality of a species grown under the same
climatic conditions as the area of proposed use. Topography, natural
and historical features shall be considered by the subdivider/developer
and the Township in selecting and approving species.
E.
Where
applicable, the Township may require that a covenant running with
the land shall be recorded delineating the responsibility of the owner
of record for maintenance and replacement to the planting.
F.
Notwithstanding
any other provisions of the Township ordinances to the contrary, where
the owner of a nonconforming commercial subdivision or commercial
land development or industrial use seeks approval for expansion of
that nonconforming use, the landscaping provisions set forth herein
shall be observed.
[Ord. 187, 4/18/2008]
1.
Attached
Accessory Buildings. An accessory building attached to a principal
building used for residential purposes shall be considered to be a
part of the principal building.
2.
Detached
Accessory Building. Buildings accessory to residential buildings not
attached to the principal building may be located in any required
side or rear yard provided:
A.
Such
detached accessory building shall not exceed one story in height and
shall not have or contain any living space.
B.
The square
footage of a detached accessory building shall not exceed the square
footage of the footprint of the principal building located on said
lot, or, shall not exceed the total square footage permitted of 20%
of the building coverage allowed per Schedule I, including the square
footage of the principal structure, whichever is less.
C.
Such
detached accessory buildings shall be set back at least 10 feet from
rear or side property lines.
3.
Nonresidential
Accessory Buildings and Uses. Such buildings and uses shall comply
with front and side yard requirements for the principal building and
shall have a rear yard of at least 20 feet.
4.
Setback
Requirements. No attached accessory building or use or detached accessory
building or use in residential areas shall project nearer to the road
on which the principal building or use fronts than such principal
building or use.
5.
Private
Outdoor Swimming Pools. A single private outdoor swimming pool is
permitted on the same lot with a residence, subject to the following
conditions:
A.
Such
pool is for the private use of the residents of the dwelling unit
or their guests.
B.
The edge
of the pool is not located closer than 20 feet to any lot line.
C.
In grounds
pools shall be completely surrounded by a fence or wall with a self-closing
and self-locking gate that is not less than four feet in height.
6.
Storage
of Vehicles and Boats.
A.
Commercial
farm vehicles are permitted as an accessory use to a commercial farm
located in a residential district.
B.
One commercial
vehicle not exceeding 25 feet in length may be parked on an occupied
lot in any residential district provided such vehicle is not parked
between the road line and the principal building.
C.
One boat,
not over 25 feet in length, may be stored on an occupied lot in any
residential district provided such boat is not stored between the
road line and the principal building.
D.
One travel
trailer may be stored on an occupied lot in any residential district
provided such travel trailer is not stored between the road line and
the principal building.
7.
Bus Shelters.
Bus shelters are permitted in any district provided they meet the
following conditions:
A.
Must
be located at a designated East Stroudsburg School District bus stop
or designated MTA bus stop. In the event a designated bus stop is
eliminated, the shelter shall be removed within 30 days from date
of notification.
B.
The shelter
shall be located at least 10 feet from the road right-of-way.
C.
A sign
is permitted on each side of the shelter. The maximum size per sign
is 24 square feet, The sign must be fastened flat against the wall
and is not permitted to extend beyond the wall in any direction.
D.
The size
of the shelter shall not exceed the following dimensions: eight feet
long; eight feet wide; eight feet high.
E.
The shelter
shall have a floor, a roof and three sides.
F.
The shelter
must be maintained structurally safe and free of trash.
G.
Ownership
of such shelter shall be indicated on the permit. The owner shall
assume all liability for the permitted shelter.
[Ord. 187, 4/18/2008; as amended by Ord. 192, 11/20/2008; and by Ord. 237, 7/28/2020]
1.
The purpose
of this Section is to promote and protect the public health, welfare
and safety by regulating existing and proposed outdoor advertising,
outdoor advertising signs and outdoor signs of all types, It also
protects property values, creates a more attractive economic and business
climate, enhances and protects the physical appearance of the community,
preserves the scenic and natural beauty of designated areas and provides
a more enjoyable and pleasing community. It is further intended hereby
to reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents, reduce hazards that may be caused
by signs overhanging or projecting over public rights of way, provide
more open space, and curb the deterioration of natural beauty and
community environment.
A.
Procedure.
After the effective date of this Chapter and except as otherwise herein
provided, no person shall erect any sign as defined herein without
first obtaining a zoning/building permit therefor from the Zoning
Officer.
(1)
Application for Permit. Application for the permit shall be made
to the Zoning Officer, in writing, upon forms prescribed and provided
by the Zoning Officer and shall contain the following information:
(a)
Name, address and telephone number of applicant.
(b)
Location of building, structure, or land to which or upon which the
sign is to be erected.
(c)
A detailed drawing or blueprint showing a description of the construction
details of the sign and showing the lettering and/or pictorial matter
composing the sign; position of lighting or other extraneous devices;
a location plan showing the position of the sign on any building or
land, and its position in relation to nearby buildings or structures
and to any private or public street or highway.
(d)
Written consent of the owner of the building, structure or land to
which or on which the sign is to be erected, in the event the applicant
is not the owner thereof.
(e)
A copy of any required or necessary electrical permit issued for
said sign or a copy of the application therefor.
(f)
Such other pertinent information as the Zoning Officer may require
to insure compliance with this Chapter.
B.
Registration
of Signs. All signs must be registered with the Township Zoning Office.
Signs which are nonconforming under the present Chapter may continue
to be displayed, or replaced and/or altered to conform with this Chapter.
All signs erected after the promulgation of this Chapter must conform
to it.
C.
Violations. Any sign which has not been registered as nonconforming or which has not received a permit from the Township Zoning Office within one year of the effective date of this Chapter shall be deemed to be in violation of these regulations and subject to the enforcement provisions of § 27-707 and Subsection 1G.
D.
Fees.
Fees for sign permits shall be as determined from time to time by
resolution of the Township Supervisors, Such fees shall cover the
cost of enforcing this Section for compliance with the purpose of
this Section as stated in regulations.
E.
Issuance
of Permit. It shall be the duty of the Zoning Officer upon the filing
of an application for a permit to erect a sign, to examine such plans,
specifications and other data submitted to him with the application,
and, if necessary, the building or premises upon which it is proposed
to erect the sign or other advertising structure. If it shall appear
that the proposed sign is in compliance with all the requirements
of this Chapter and all other ordinances of the Township the Zoning
Officer shall then, within 10 days, issue a permit for the erection
of the proposed sign.
(1)
Every sign shall bear a permit number issued by the Township, The
number with text approximately one inch in height shall be permanently
affixed to the structure thereof, Failure to affix the permit number
shall constitute cause for revocation of the permit by the Zoning
Officer in addition to any other penalties or remedies provided in
this Chapter.
(2)
If the sign authorized under any such permit has not been completed
within six months from the date of the issuance of such permit, the
permit shall become null and void, but may be renewed, within 30 days
from the expiration thereof, for good cause shown upon payment of
an additional fee established by the Township.
(3)
The Zoning Officer shall require sign permits to be renewed every
12 months. Such renewal shall be granted following the receipt of
annual renewal fees and reinspection of sign, and my be withheld only
upon a determination by the Zoning Officer to the effect that such
conditions as may have been prescribed by the Zoning Officer in conjunction
with the issuance of the original permit have not been, or are being
no longer, complied with. In such cases, a period of 60 days shall
be granted the applicant for full compliance prior to the revocation
of said permit.
(a)
The re-inspection shall be performed on or about the anniversary
of the expiration of the permit, At this time the Zoning Officer,
or his designee, will determine if the sign is in conformance with
the ordinance and is being properly maintained in accordance with
requirements established from time to time by resolution of the Township
Supervisors. If the sign is not in conformance, the Zoning Officer
will not issue the annual permit and may remove or order the removal
of the sign at the expense of the owner or lessor.
F.
Permit
Exceptions. The following operations shall not be considered as creating
a sign and shall not require a sign permit:
(1)
Replacing Copy. The changing of the advertising copy or message on an approved painted or printed sign or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy, but replacing copy does not include the activities prohibited in Subsection 1N hereof.
(2)
Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made, but sign maintenance and repair of a sign does not include the activities prohibited in Subsection 1N hereof.
(3)
Window signs and signs exempt under the definition of “signs”
in this Chapter are also exempt from permit requirements.
(4)
Real Estate Signs.
(a)
Temporary non-illuminated real estate signs not exceeding six square
feet in area advertising the sale, lease or rental of the premises
upon which the sign is located and limited to one such sign for each
street frontage of a lot, parcel or tract that is less than two acres
in area. Temporary real estate directional signs for each home, lot,
parcel, or tract being sold showing a directional arrow and located
on property outside any street right-of-way may be permitted on approach
routes to said premises. There shall be at least 50 feet between any
two such directional signs. The top of such signs shall not exceed
three feet in height.
(b)
Temporary non-illuminated real estate signs not exceeding 24 square
feet in area advertising the sale, lease or rental of the premises
upon which the sign is located and limited to one such sign for each
lot, parcel or tract that is greater than two acres in area. If the
lot, parcel of tract has multiple street frontage, only one additional
sign not exceeding 24 square feet in area may be permitted on the
premises, provided that said second sign is placed facing the additional
street frontage.
(c)
Not more than two temporary non-illuminated subdivision identification
signs located on the premises shall be permitted for a subdivision
of six lots or more which has been approved by the Township, provided
that each such sign does not exceed 24 square feet in area, Temporary
subdivision identification signs will not be permitted after residences
have been erected on 75% of the lots in the subdivision or after more
than 75% of the lots have been sold by the developer.
(d)
One temporary non-illuminated subdivision directional sign may be
erected near each intersection of a collector or major street leading
to the subdivision with a maximum of four such subdivision directional
signs permissible for any one subdivision of six lots or more which
has been approved by the Township. The content of such signs shall
be restricted to the name of the subdivision, the name of the developer
and/or agent and shall not be greater than four square feet in area.
The top of such signs shall not exceed eight feet above grade. No
illumination will be permitted and such signs shall not be less than
25 feet from the nearest street line and 200 feet from the nearest
right-of-way intersection of any two streets.
(e)
The realty company, agent or owner must annually submit the name
and phone number of a contact person responsible for the placement
and removal signage place within Smithfield Township.
G.
Revocation
of Permit. No sign, whether new or existing, shall hereafter be erected
or altered, except in conformity with the provisions of this Chapter.
However, notwithstanding any provisions contained herein, the sign
must be kept clean, neatly maintained and free from all hazards, such
as, but not limited to, faulty wiring, loose fastenings, and must
be kept at all times in such safe condition so as not to be detrimental
to the public health, welfare and/or safety.
(1)
Any sign, whether existing on or erected after the effective date
of this Chapter, which advertises a business no longer being conducted
or a product no longer being offered for sale in or from the premises
on which the sign is located or the sign indicates, shall be removed
within 90 days upon the cessation of the business or sale of the product
by the owner, agent or person having the beneficial interest in the
building or premises on which the sign is located. If the Zoning Officer
finds that any sign advertising a business no longer being conducted
or a product no longer being offered for sale in or from the premises
on which the sign is located has not been removed within 90 days upon
the cessation of the business or sale of the product, the Zoning Officer
shall give written notices to the owner, agent or person having the
beneficial interest in the building or the premises on which the sign
is located. The sign shall be removed within 10 days after receipt
of the notice from the Zoning Officer. If the sign is not removed
after the conclusion of the 10 days period, the Zoning Officer is
hereby authorized to remove or cause the removal of the sign at the
expense of the owner, agent or person having the beneficial interest
in the building or premises on which the sign is located.
H.
Signs
Permitted in All Districts. Subject to the other conditions of this
Chapter, the following signs shall be permitted within any district
in the Township:
(1)
Construction Signs. Temporary non-illuminated signs denoting the
architect, engineer or contractor placed on premises where construction,
repair or renovation is in progress, which signs shall not exceed
24 square feet in area.
(2)
Project Identity Signs. A sign or notice erected by (a) a private
agency or entity such as a railroad, public utility, radio or television
transmitter; (b) a developer of a residential subdivision, planned
residential subdivision development, condominium or multiple dwelling
unit project, containing 20 or more lots, condominium units, townhouses,
apartments or other permitted, dwelling types which are intended for
residential occupancy; or (3) Federal, State, County, municipal or
other governmental entities for governmental uses and purposes. Project
identity signs shall be subject to the following conditions:
(a)
All project identity signs shall be solely for purposes of providing
direction, identity, information or protection to the public on either
a temporary or permanent basis.
(b)
All project identity signs shall be freestanding and shall meet the
following design criteria:
1)
All project identity signs shall be set back 10 feet from any road
right-of-way or property line.
2)
All project identity signs shall not exceed a maximum of 24 square
feet of message area surface per side. Project identity signs shall
be permitted to have two sides, each of which shall not exceed 24
square feet of message area surface per side or 48 square feet of,
message area for both sides. Project identity signs may be constructed
in an angle or shape. Only one temporary or permanent project identity
sign may be located at each entrance except as hereinafter set forth.
Project identity signs may be located on either side of an entrance
or two permanent project identity signs may be permitted at each entrance,
one on each side; provided, that each permanent sign shall be limited
to a total of 24 square feet for display on each side of the road
entrance to the development; provided, the signs are placed on and
parallel to the face of a wall, The wall shall be constructed from
brick, stone or other masonry material.
The sign shall either be embedded in or fastened to the face
of the finished wall surface if block is used as the masonry material,
The wall shall have a finished surface of stone or brick. Wall height
shall not exceed six feet. Wall length shall not exceed 10 feet.
3)
All project identity signs shall not exceed eight feet in height
measured from the final grade level and the message area shall be
no lower than 30 inches from the final grade level.
6)
No free-standing project identity sign at the intersection of any
two streets shall be placed within a sight triangle of less than 30
feet measured along street lot lines from their point of junction,
and no obstruction shall be permitted within such sight triangles.
7)
The message area of a temporary project identity sign shall be restricted
to designating the name of the project, a project symbol, and the
name, address, and telephone number of the developer, owner, or manager
of the project.
8)
Permanent project identity signs for residential subdivisions, planned residential developments, condominiums, or multiple dwelling unit projects may also include during the active sales or rental phase of the real estate subdivision a temporary sign not exceeding six square feet per side. The temporary sign shall include the name of the developer and a message using the words “For information please call [a specific phone number].” Temporary identity signs shall be detachable from the permanent project identity sign. This temporary detachable six square foot sign is permitted in lieu of signs permitted under Subsection 1F(4)(c). All temporary signs which are permitted under this Subsection 1H(2)(b)8), and temporary project identity signs, shall be removed when 90% of the available permitted dwelling types in a real estate project are sold or rented.
9)
All project identity signs shall not be designed with or include
changeable copy (changeable letters) which for purposes of this Section
is defined as a sign design where the letters are interchangeable
on a surface that may be magnetic or have slotted grooves where the
letters or other elements of the message portion of the sign slide
in and out, and/or electrical, mechanical or computerized characteristics,
permitting the message portion of the sign, including symbols, to
be changed.
10)
The property on which a project identity sign(s) is (are) located
must be owned by the public or private entity desiring to erect such
sign and such land must be part of the real property/project identified
by the project identity sign. In the case of a real estate subdivision,
if the developer has transferred the property to a property owners
association or homeowners association such property where the project
identity sign is located may be owned by the property owners or homeowners
association. The owner of the project identity sign(s) shall be responsible
for the proper maintenance and care of the sign.
11)
All other signs must be removed prior to issuance of a sign permit
for a project identity sign.
(3)
Civic and Religious Signs. Signs or bulletin boards customarily incidental
to places of worship, libraries, colleges, other educational institutions,
philanthropic and religious institutions, hospitals nursing homes,
sanitaria, membership clubs and camps, social clubs and other civic
organizations, which signs or bulletin boards shall not exceed 24
square feet in area and shall be located on the premises of such organizations.
Any such sign shall be placed in accordance with the yard and setback
requirements of the district in which said organization is located.
(4)
Political Signs. Political signs as used in this Section shall mean
any and all political signs and posters, except commercial billboards,
used or intended to be used for the display of any announcement, advertisement
or notice of any individual candidate for any public office.
I.
Temporary
Signs.
(1)
Temporary promotional signs shall be permitted for a period not in
excess of 10 days without cost, upon notice to the Township Zoning
Officer, not to exceed two times per calendar year per business, Any
use in excess of 10 days shall be permitted only upon application
and payment of a filing fee for a temporary sign permit for a period
of 30 days, not to exceed twice per calendar year per business; provided,
that such temporary signs are not attached to fences, trees, utility
poles or the like; and, further provided, that such signs are not
placed or in any manner create a hazard or disturbance to the health
and welfare of the general public.
(2)
A fee, established by the Township, shall be paid prior to the issuance
of a permit for such temporary sign, A minimum of $100 shall be deposited
with the Zoning Officer to insure the removal of such signs at the
expiration of the permit. The Zoning Officer, after 10 days written
notice to the permit holder to remove such signs(s) and after the
failure of the permit holder to remove such sign(s), shall cause said
sign(s) to be removed and the cash deposit shall be forfeited to help
defray the cost of removal.
(a)
Unless otherwise provided herein, no freestanding temporary sign
shall be erected nearer than 10 feet to any street right-of-way and
10 feet to any lot line or attached to any building, if closer.
(b)
Temporary signs shall contain a maximum of 24 square feet per side
with a maximum of two sides.
(c)
Temporary free standing signs shall not exceed eight feet in height
from average grade.
(d)
Temporary promotional signs shall be located on the same lot as the
business being promoted, except for the following activities:
1)
Political campaigns.
2)
Volunteer fire companies, volunteer ambulance companies, volunteer emergency companies or corps, serving Smithfield Township for fund-raising campaigns. (Must comply with Subsection 1I(1), above, except the maximum number of times per calendar year is waived). No other organization whatsoever shall be issued a permit with complying with Subsection 1I(1) and (2).
J.
Signs
Permitted in Residential Districts. Notwithstanding any provision
to the contrary, when a property in a residential district is primarily
utilized for the commercial purposes, either by continuation of a
preexisting nonconforming use, or a use variance, the user will have
the same rights to sign permits and sign installations applicable
in a commercial zone, subject to the regulation of signs in a commercial
zone.
(1)
One home, residence, name, address or professional occupation sign
not exceeding two square feet in area shall be permitted per single-family
dwelling.
(2)
One premises sign advertising a permitted customary home occupation
provided that such sign shall not exceed four square feet in area.
(3)
One premises sign advertising a permitted professional office or
studio provided such sign shall not exceed four square feet for each
office or studio.
(4)
Premises signs advertising commercial agricultural operations, including
crop farming and animal husbandry, on an active farm upon which said
operations are conducted provided that there shall be not more than
two separate signs with a total aggregate area not exceeding 24 square
feet.
(5)
Not more than two signs indication only the name of an active farm
and not exceeding a total area of 12 square feet. Directional signs
indication the location of an active farm not exceeding three square
feet per sign.
(6)
The Supervisors may permit signs to be artificially illuminated upon
finding that such illumination is necessary to the permitted use which
the sign advertises, or to the public welfare.
(7)
The requirements for yards and setbacks which apply to the structure
of any lot shall apply to all signs as permitted in this Section.
K.
Signs
Permitted in Commercial Districts.
(1)
Premises or point of sale signs shall be regulated as follows:
(a)
Not more than one such sign shall be permitted for each tenant on
the premises on each building wall fronting on a street or parking
area.
(b)
The aggregate area, in square feet, of all signs on any building
wall shall not exceed one square foot for every one foot in length
of such building wall.
(c)
Such sign or signs shall be parallel to the face of the building
and no part thereof, including any illumination devices, shall project
more than 12 inches beyond the face of the building.
(d)
One freestanding premises sign shall also be permitted per developer
parcel. Any freestanding sign shall be located not closer than 10
feet from any road right-of-way or a property line, and shall not
exceed a maximum area of 32 square feet of sign surface per side (maximum
of two sides). In the event that the frontage of a property is in
excess of 400 feet, then two single-faced freestanding signs may be
allowed with a maximum surface area of 32 square feet per sign. The
maximum height should be 15 feet; however, with the approval of the
Supervisors an increase in height may be allowed if it can be shown
that excessive grade, building interference, bridge obstruction and
the like exist, then the height may be increased to a maximum of 15
feet above highway grade.
1)
All freestanding premises signs within the B-2 Business and Professional
Office/Medical District shall be located on the property of the business
or institution to which the sign refers.
(e)
In lieu of a 32 square foot sign permitted under this subsection, a freestanding sign of not more than 45 square feet may be permitted in accordance with the procedures and requirements of § 27-704, “Permit Application Procedures for Conditional Uses,” and subject to the following conditions:
1)
One sign per lot shall be permitted. No additional freestanding signs
of any size shall be permitted under this conditional use.
2)
The size, shape, color, lighting, manner of display, lettering and
placement of such sign shall take into consideration the architectural
uniqueness of the building.
3)
The maximum height of the sign is not to exceed 15 feet. However
with the approval of the Supervisors an increase in height may be
allowed if it can be shown that excessive grade, building interference,
bridge obstruction and the like exist, then the height may be increased
to a maximum of 15 feet above highway grade.
4)
The sign shall be set back a minimum of 10 feet from the road right-of-way
and/or property line, whichever applies.
5)
The building is located more than 50 feet from the highway right-of-way.
(f)
On any motor vehicle service station not more than one pole sign
erected on the premises for the purpose of advertising the brand of
gasoline sold at such service station, provided such pole sign shall
have a maximum area of not more than 64 square feet, and a maximum
height not to exceed the height limitations of the district in which
said service station is located. Said single standard sign may be
erected in a required front yard for purposes of identification.
(g)
No neon sign or similar illuminated advertisement shall be of such
color or located in such a fashion as to diminish or detract in any
way from the effectiveness of any traffic signal or similar safety
or warning device.
(h)
No free standing sign at the intersection of any two streets shall
be placed within sight triangle of less than 30 feet measured along
street lot lines from their point of junction, and no obstructions
shall be permitted within such sight triangles.
(i)
Shall not extend beyond the maximum permitted building height as
elsewhere specified by this Section.
(j)
That adequate measures be taken to prevent the accumulation of refuse
or trash upon the lot.
(k)
If illuminated at night, such illumination shall employ only lights
emitting a light of constant intensity, with all light sources either
placed internally within the sign and projected through a translucent
background or shielded from the view of adjacent lots and streets
through the use of shielded light fixtures or landscape planting and
no sign shall contain flashing, intermittent, rotating or moving light
or lights, and shall be extinguished not later than midnight.
(l)
A landscaped island with a minimum of 32 square feet in area, and
a minimum height of one foot is required around the sign support(s).
The island shall be formed from materials such as, but not limited
to, stone, brick, landscape timbers, The area of the island shall
be maintained as necessary to keep it free of, weeds and brush. A
sketch of the sign and island shall be submitted with the zoning permit
application for review and approval by the Zoning Officer.
(2)
Commercial advertising signs, including directional signs other than
official directional signs, are prohibited on developed properties,
except that:
(a)
Where large numbers of either directional or commercial advertising
signs are justified to serve a developed lot, commercial park or an
industrial park with multiple business uses; a sign plaza may be established
wherein all such signs shall be consolidated and confined within a
single frame or as a combination of sign panels.
1)
The size, shape, color, lighting, manner of display, lettering, and
placement of such consolidated or combined signs at any such sign
plaza shall take into consideration the architectural uniqueness of
the building or center.
2)
Any such sign plaza shall be subject to approval by the Supervisors in accordance with the procedures and requirements of § 27-704, entitled “Permit Application Procedures for Conditional Uses.”
3)
Building signs shall be limited to a maximum of six square feet per
tenant and in no case shall the aggregate area, in square feet, of
all signs on any building wall exceed one square foot for every one
foot in length of such building wall.
a)
Design, Style, Frame. Each wall, canopy or marquee sign shall be
similar in design, style, frame, lettering and material.
4)
Any such sign plaza shall be subject to all applicable State regulations
and shall be erected and maintained under the regulations of the Pennsylvania
Department of Transportation, where applicable.
(3)
Identification and directional signs shall be regulated as follows:
(a)
One identification sign is permitted at each point of access to the lot, with an area of not more than three square feet, and internal directional signs, each with an area of not more than two square feet. Illumination is regulated as specified in Subsection 1K(1) (l).
(b)
One free standing back to back off-premises directional sign shall
be permitted on an undeveloped lot on condition that no such sign
shall exceed 24 square feet in area per sign face, and that no such
sign shall be located closer to any street right-of-way or property
line than 10 feet, In the event that the frontage of a property is
in excess of 400 feet, then two single-sided free standing signs may
be allowed with a maximum surface area of 24 square feet per sign.
(5)
Multiple Establishments on Single Lots in ED Zoning Districts. Multiple
establishments on single zoning lots that do not constitute a shopping
center may erect one monument sign with a maximum size of 45 square
feet and height of eight feet or one pole sign with a maximum size
of 32 square feet and height of 15 feet, In addition, each establishment
located on a single zoning lot with two or more establishments may
erect one sign as follows:
(a)
Type. Wall, canopy or marquee.
(b)
Maximum Size and Height.
1)
Wall or Marquee Sign. One square foot of sign area per one linear
foot of building frontage on which the sign or signs are to be attached,
up to a maximum of 100 square feet in area for all wall or marquee
signs. The top of all wall and marquee signs shall be below the roof
line and at a height no greater than 20 feet above the ground.
2)
Awning or Canopy Sign. One square foot per two linear feet of awning
or canopy, up to a maximum of 16 square feet in area. No awning or
canopy sign shall extend above the top of the awning or canopy.
(c)
Design, Style, Frame. Each wall, canopy or marquee sign shall be
similar in design, style, frame, lettering and material.
(6)
Shopping Centers. Shopping centers located on five or more acres
of land under single ownership with five or more establishments planned
as an integrated development shall be authorized to erect signs based
on the following criteria:
(a)
Center Identification Sign. One monument or pole sign per street
fronting the center, not to exceed a total of two signs, identifying
the name of the center. The name of any major establishment within
the center may serve as the name of the entire center.
1)
Monument Sign. Each sign shall have a minimum area of 45 square feet
per side and a maximum area of one square foot per 3,000 square feet
of gross building floor area up to a maximum sign area of 100 square
feet per side and a maximum height of 15 feet.
2)
Pole Sign. Each sign shall have a minimum area of 45 square feet
and a maximum area of one square foot per 3,000 square feet of gross
building floor area up to a maximum of 100 square feet. The top of
the pole sign shall not exceed 15 feet in height and the base of the
pole sign shall be at least eight feet above the ground.
(b)
Individual Establishment Signs. No freestanding sign shall be displayed
for individual establishments located within a center. Any establishment
may display one sign per street frontage, up to a maximum of two signs,
according to the following criteria.
1)
Wall or Marquee Sign. One square foot of sign area per two linear
feet of building frontage on which the sign or signs are to be attached,
up to maximum of 16 square feet in area for all wall or marquee signs.
The top of all wall and marquee signs shall be located below the roof
line and at a height no greater than 20 feet above the ground.
2)
Awning or Canopy Sign. One square foot per two linear feet of awning
or canopy, up to a maximum of 16 square feet in area, No awning or
canopy sign shall extend above the top of the awning or canopy.
3)
Design, Style, Frame. Each wall, canopy or marquee sign shall be
similar in design, style, frame, lettering and material.
(7)
Office Centers. Office centers at least five acres in size and planned
as an integrated development shall be authorized to erect signs based
on the following criteria:
(a)
Center Identification Signs. One monument sign per public street
frontage, not to exceed a total of two monument signs, identifying
the name of the center only and not exceeding 45 square feet in area
and 15 feet in height.
(b)
Individual Building Signs. Where an office center is comprised of
two or more buildings, each individual building may erect one monument
or freestanding sign, not to exceed 20 square feet in area and six
feet in height, identifying the principal establishment within the
building.
(c)
Individual Establishment Signs. Each individual establishment within
an office building may erect one wall sign up to a maximum of six
square feet in area. The top of the wall sign shall be located below
the roof line and at a height no greater than 10 feet above the ground.
1)
Design, Style, Frame. Each wall, canopy or marquee sign shall be
similar in design, style, frame, lettering and material.
(8)
Theaters. Theaters are authorized to erect one of the permitted wall or marquee signs with a changeable copy board displaying the name(s) and time(s) of the current motion picture or theatrical production, Application for sign shall follow procedures as specified in Subsection 1K(2).
(9)
Regional Shopping Centers.
(a)
Permanent Signs. Regional shopping centers as defined in § 27-1002 of this Chapter shall, subject to prior review and approval of a master signage plan by the Board of Supervisors, be permitted by the Zoning Officer to erect such permanent signs as are detailed for regional shopping centers on the schedule of sign regulations.
(b)
Temporary Signs. One temporary regional shopping center announcement
sign may be erected on the center property during the course of construction,
for a maximum of one year, subject to the following standards:
1)
The height of such temporary sign shall be maximum of 12 feet and
the sign are shall be a maximum of 128 square feet per side.
2)
Such sign shall be set back at least 15 feet from the road right-of-way
and shall not obstruct the sign triangle vision at any intersection,
traffic control sign or traffic control signal, nor project into a
public right-of-way.
3)
Such sign shall comply with all applicable Pennsylvania Department
of Transportation rules and regulations and not be illuminated.
L.
Signs
Permitted in Industrial Districts.
(1)
Premises or point of sale signs shall be permitted and regulated in accordance with Subsection 1K herein.
(2)
Identification and directional sign shall be permitted and regulated in accordance with Subsection 1K(3)(a) herein.
(4)
Premises or point of sale signs shall be permitted and shall be designed
as part of the architectural design of the building or as part of
the site plan for any lot, provided that the aggregate area of any
such sign shall not exceed two square feet for each horizontal linear
foot of building wall facing the same street which the sign faces.
(5)
Signs necessary to identify an industrial park provided that an aggregate
area of any such sign shall not exceed one square foot for each five
linear feet of lot frontage on the same street which the sign faces.
(6)
Directional signs shall be permitted provided that no such sign exceeds
three square feet in area or contains any advertising.
(7)
Multiple establishment signs may be permitted and regulated in accordance with Subsection 1K(5) herein.
(8)
If illuminated at night, such illumination shall employ only lights
emitting a light of constant intensity, with all light sources shielded
from the view of adjacent lots and streets through the use of shielded
light fixtures or landscape planting, and no sign shall contain flashing,
intermittent, rotating or moving light or lights, and shall be extinguished
not later than midnight.
(a)
Illumination shall not create glare or nuisance.
M.
Commercial
Advertising Signs. Commercial advertising signs, outdoor advertising
structures, or billboards which advertise products or businesses not
connected with the site on which they are located shall be permitted
and regulated as separate uses on undeveloped property in the Economic
Development (ED) and Industrial (M-1) Districts, except as otherwise
provided under the establishment of sign plazas.
(1)
No commercial advertising sign shall be closer than the permitted
minimum setback requirement for an ED or M-1 Zoning District as set
forth in Schedule I of this Chapter.
(2)
There shall not be more than one commercial advertising sign structure
displaying a maximum of 300 square feet of advertising space for every
500 linear feet of street frontage. A backup structure facing in the
opposite direction shall also be permitted providing the aggregate
advertising space (the combined square footage from both sides) thereon
shall not exceed 300 square feet with each side being identical in
size.
(3)
Any commercial advertising structure shall have an open space of not less than three feet, nor more than 10 feet between its lower edge and the ground. However, this space may be shielded by an ornamental lattice or landscaping. Landscaping shall be in accordance with Subsection 1K(1)(l).
(4)
No commercial advertising structure shall be more than 35 feet in
height from ground level; provided, however, an increase in height
may be allowed if it can be shown that excessive grades, buildings
interference, bridge obstruction, and the like exist, then the height
may be increased.
(5)
No commercial advertising structure shall be permitted on a parcel
of land with less than 500 feet of road frontage.
(6)
No commercial advertising sign shall be located within 500 feet of
another commercial advertising sign on the same side of roadway, whether
on same parcel of land or adjacent or nearby parcel.
(7)
Adequate measures should be taken to prevent the accumulation of
refuse or trash upon the lot.
(8)
Where an existing commercial advertising sign exists on a property
proposing land development or alterations or enlargement of an existing
use, said sign shall be removed.
N.
Prohibited
Signs. The prohibitions contained in this Section shall apply to all
signs, all artificial lighting and all districts, regardless of designation,
within the Township.
(1)
No sign, including projecting signs, shall be located in or project
over any street right-of-way except an official sign.
(2)
No advertisement, advertising structure, billboard, building structure
or other object shall be erected, used or maintained which in any
way simulates official, directional or warning signs erected or maintained
by the State or by the County or Township or by any railroad or public
utility or similar agency concerned with the protection of the public
health or safety.
(3)
No sign or advertising device shall be erected or maintained at the
intersection of streets in such a manner as to obstruct free and clear
vision of the intersection.
(4)
The following advertisements are specifically prohibited: Any advertisement
which uses a series of two or more freestanding signs placed in a
line parallel to the highway, or adjacent to each other, all carrying
a single advertising message, part of which is contained on each sign.
(5)
(a)
No sign or part thereof shall contain or consist of banners, posters,
pennants, ribbons, streamers, spinners or other similar moving fluttering
or revolving devices. The said devices, shall not be used for the
purpose of advertising or attracting attention. Nor shall any sign
use revolving panels or electronically or computer directed change
or otherwise direct an advertisement or copy. No multi-vision, otherwise
known as multi-message, sign or variable signs shall be permitted
nor shall changing of an advertisement or copy otherwise than manually
be permitted or deemed to be maintenance, repair or an incidental
alteration to any sign.
(b)
No sign shall utilize technology to send, transmit or communicate
with cellphone or global positioning system devices in vehicles passing
by the sign.
(6)
(a)
Any illuminated sign or lighting device shall employ only lights
or LEDs emitting a light of constant intensity, not to exceed the
levels specified in the chart below, and no sign shall be illuminated
by or contain flashing, intermittent, rotating or moving light or
lights or revolving panels, whether or not such illumination, lighting
device or projection lights are employed to change an advertisement
or copy of any kind. In no event shall an illuminated sign or lighting
device be so placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon a public street, highway,
sidewalk or adjacent premises so as to cause glare or reflection that
may constitute a traffic hazard or nuisance.
|
INTENSITY LEVEL NITS
| ||
|---|---|---|
|
COLOR
|
DAYTIME
|
NIGHTTIME
|
|
Red Only
|
3,150
|
1,125
|
|
Green Only
|
6,300
|
2,250
|
|
Amber Only
|
4,690
|
1,675
|
|
Full Color
|
7,000
|
2,500
|
(b)
Prior to the issuance of a sign permit, the applicant shall provide
a written certification from the sign manufacturer that the light
intensity has been factory pre-set not to exceed 7,000 NITS, and the
intensity level is protected from end-user manipulation by password-protected
software or other appropriate method.
(c)
No sign may be converted to a multi-vision, otherwise known as multi-message,
or variable sign. Existing multi-vision, otherwise known as multi-message,
or variable signs shall provide that (1) the static display time for
each message shall a minimum of 30 seconds; (2) the time to completely
change from one message to the next shall be a maximum of two seconds;
and (c) the change of message shall occur simultaneously for the entire
sign face.
(d)
In the event the prohibition of multi-vision, otherwise known as
multi-message, or variable signs is adjudicated to be invalid, the
following provision shall become effective at the time that the adjudication
of invalidity becomes final: Multi-vision, otherwise known as multi-message,
or variable signs shall be prohibited in all districts other than
industrial or commercial. No such sign shall be in excess of 300 square
feet. Each such sign shall have only one face. Such sign shall comply
with all other provisions of Township ordinances.
(e)
Each sign shall provide (1) the static display time for each message
is a minimum of 30 seconds; (2) the time to completely change from
one message to the next is a maximum of two seconds; and (3) the change
of message occurs simultaneously for the entire sign face.
(7)
No signs shall be placed on the roof of any building or extend in
height above the roof line of the building on which the sign is erected.
(8)
Signs and Parked Vehicles. Signs placed on or affixed to vehicles
(except magnetic or painted signage, applied to vehicles used on a
daily basis to conduct normal day to day business) and/or trailers
which are parked on a public right-of-way, public property or private
property, so as to be visible from a public right-of-way where the
apparent purpose is to advertise a product or direct people to a business
or activity located on the same or nearby property.
(9)
Portable and Wheeled Signs. Portable and wheeled signs, except as a temporary sign, as provided for in Subsection 1I of this section.
(10)
String of Lights. Including lights that outline property lines, sales
areas or any portion of a structure or sign, and are intended to advertise
or draw attention to a business or commercial activity, except lights
used temporarily as holiday decorations.
|
Smithfield Township Zoning Ordinance § 27-504, Schedule of Sign Regulations - Regional Shopping Centers
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Sign Type
|
Description and Maximum No. of Signs
|
Maximum Sign Area
|
Maximum Sign Height
|
Copy Permitted
|
Illumination Permitted
|
Minimum Setbacks
|
Minimum Landscape Requirements
|
Other Requirements
|
|
Center Identification Pylon (See Figure 1 Illustration)
|
1 pylon sign
|
150 square feet per face, 2 faces maximum
|
15 feet
|
1-Name of center
2-Center logo
3-Up to 3 tenant names
|
1-Internal
2-External, if shielded to prevent glare
|
15 feet from right-of-way, outside sight triangle of any intersection
|
1-Compliance with PennDOT regulations
2-Design compatible with architectural/site features
3-Durable materials (no low gauge sheet metal box signs)
4-Single pole signs not permitted
| |
|
Center Monument Sign
|
1 monument (ground) sign per vehicular entrance
|
120 square feet per face, 2 faces maximum
|
10 feet
|
1-Name of center
2-Center logo
3-Up to 3 tenant names
|
1-Internal
2-External, if shielded to prevent glare
|
15 feet from right-of-way, outside sight triangle of any intersection
|
100 square feet (See § 27-504, Subsection 1F(6))
|
1-Compliance with PennDOT regulations
2-Design compatible with architectural/site features
3-Durable materials (no low gauge sheet metal box signs)
|
|
Building Identification Sign (See Figure 3 Illustration)
|
4 signs fitted into architectural elements of major structures
|
100 square feet per face, 4 faces maximum, 1 face per side of
architectural element
|
35 feet
|
1-Name of center
2-Center log
3-Tenant names
4-Building names
|
1-Internal
2-External, if shielded to prevent glare
|
Same as building setbacks
|
None
|
1-Design compatible with architectural/site features
2-Design compatible with pylon and monument signs
3-Scale compatible with that of building element
4-Top of sign shall not extend above building roofline
|
|
Directional Sign
|
Signs directing pedestrian and vehicular traffic at internal
driveway intersections and aisles
|
6 square feet per face, 4 faces maximum
|
5 feet
|
1-Name of center
2-Center logo
3-Directions (e.g. “one way,” “entrance”
and “exit”)
|
None, but copy may be reflective
|
None
|
None
|
Design compatible with architectural/size features
|
|
Parking and Aisle Sign
|
Parking and driveway aisle identification signage place on parking
lot light poles
|
6 square feet per face, 4 faces maximum
|
35 feet
|
1-Name of center
2-Center logo
3-Parking lot numbers, colors and names
|
None, but copy may be reflective
|
None
|
None
|
Design compatible with architectural/size features
|
|
Pathfinder Sign
|
1 sign per 50,000 square feet of gross leasable area or 5 stores,
located at sidewalks or other internal center locations
|
15 square feet per face, 4 faces maximum
|
9 feet
|
1-Name of center
2-Center logo
3-Directions for pedestrians and customers
|
1-Internal
2-External, if shielded to prevent glare
|
None
|
None
|
Design compatible with architectural/size features
|
|
Service Court Identification Sign
|
1 sign per 30,000 square feet of gross leasable area, located
at store delivery and service area entrances
|
7 square feet per face, 2 faces maximum
|
9 feet
|
1-Name of center
2-Center logo
3-Directions for service and delivery vehicles to service and
delivery areas in center
|
None, but copy may be reflective
|
None
|
None
|
Design compatible with architectural/size features
|
|
Storefront Wall Sign
|
1 sign per tenant storefront, centered on tenant’s front
store wall, facade or architectural element
|
2 square feet per linear foot of store facade visible, with
width limited to 75% of facade width
|
Limited to height of parapet
|
1-Name of tenant
2-Tenant logo
3-Brand names
|
1-Internal
2-External, if shielded to prevent glare
|
None
|
None
|
1-Design compatible with architectural/site features
2-Copy limited to 36" in height for a single row of letters
and 48 inches if 2 or more rows of copy are utilized
|
|
Highway Facade Wall Sign Facing Route 209
|
1 sign per store rear wall visible from Route 209, centered
on rear wall, facade, other rear facing wall or architectural element
(maximum of 2 signs)
|
2 square feet per linear foot of store facade visible, with
width limited to 75% of facade width facing Route 209
|
Limited to height of parapet
|
1-Name of store tenant
2-Tenant logo
3-Brand names
|
1-Internal
2-External, if shielded to prevent glare
|
None
|
None
|
1-Compliance with PennDOT regulations
2-Design compatible with architectural/site features
3-Copy limited to 36" in height for a single row of letters
4-Type faces compatible with size and surrounding architecture
|
|
Highway Facade Wall Sign Facing Route I-80
|
4 signs located on rear store facade walls visible from Route
I-80, one of which shall be limited to naming the center and the exit
|
2 square feet per linear foot of store facade visible, with
width limited to 75% of facade width facing Route I-80
|
Limited to height of parapet
|
1-1 sign limited to naming center and exit 2-3 signs limited
to logos for any 3 tenants
|
1-Internal
2-External, if shielded to prevent glare
|
None
|
None
|
1-Compliance with PennDOT regulations
2-Design compatible with architectural/site features
3-Copy limited to 48" in height
4-Type faces compatible with size and surrounding architecture
|
|
Blade Sign
|
1 hanging sign per storefront naming the tenant and mounted
perpendicular to the storefront entrance
|
6 square feet per face, 2 faces maximum
|
8 feet, from the sidewalk to bottom of sign
|
1-Name of center
2-Center logo
3-Name of tenant
4-Brand names
|
1-Internal
2-External, if shielded to prevent glare
|
None
|
None
|
1-Design compatible with architectural/site features
2-Copy limited to 48" in height
3-Type faces compatible with size and surrounding architecture
|
|
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; and by Ord. 192, 11/20/2008]
1.
The purposes
of these regulations are:
A.
To insure
that the provisions of this Chapter which are concerned with the uniform
treatment of dwelling type, bulk, density, and open space within each
zoning district, shall not be applied to the improvement of land by
other than lot by lot development in a manner which would distort
the objectives of this Chapter.
B.
To encourage
innovations in residential development and renewal so that the growing
demand for housing may be met by greater variety and maximum choice
in the type, design, and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings.
C.
To provide,
through the above innovations, greater opportunities for better housing
and recreation for existing and potential residents of the Township.
D.
To encourage
a more efficient use of land and services and to reflect changes in
the technology of land development so that the economies secured may
inure to the benefit of those who need homes.
E.
To encourage
more flexible land development which will respect and conserve natural
resources such as streams, lakes, floodplains, wetlands, wooded areas,
steeply sloped areas, areas of unusual beauty, and significant natural
habitats.
F.
And,
in aid of these purposes, to provide a procedure which can relate
the type, design, and layout of residential development to the particular
site and the particular demand for housing existing at the time of
development, in a manner consistent with the preservation of the property
values within existing residential areas; and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious, and fair administrative
standards and procedures.
2.
APPLICANT
APPLICATION FOR DEVELOPMENT
AVERAGE GROSS RESIDENTIAL DENSITY
COMMON OPEN SPACE
DEVELOPER
DEVELOPMENT PLAN
A.
LANDOWNER
OFFICIAL REVIEW AGENCY
ORGANIZATION
PLANNED RESIDENTIAL DEVELOPMENT
PRD
PLANNING AGENCY
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
SANITARY SEWER SYSTEM, CENTRALIZED
SANITARY SEWER SYSTEM, PUBLIC
STAGE
STREET CLASSIFICATION
ARTERIAL STREET
COLLECTOR STREET
MINOR STREET
WATER SUPPLY SYSTEM, CENTRALIZED
WATER SUPPLY SYSTEM, PUBLIC
WATER SURVEY
As used
in this Section the following words and phrases shall have the meaning
indicated below:
A landowner or developer, as hereinafter defined, who has
filed an application for development; including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The number of dwelling units per acre in a planned residential
development, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are not planned to be devoted to nonresidential
use.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of lands or land development.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relation to use location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase “provisions of the development
plan” when used in this act shall mean the written and graphic
materials referred to in this definition.
DWELLING UNIT TYPES
(1)
(2)
(3)
(4)
(5)
(6)
ATTACHED
Both side walls of all except end structures are party walls.
DETACHED
Each structure has open space on all four sides.
GARDEN APARTMENTS
Structures between two and three stories of dwelling units.
MULTI-FAMILY
Three or more units occur in one structure, usually with
common access, services, and use of land.
SEMI-DETACHED
One wall of each structure is a party wall in common with
an adjoining structure.
SINGLE FAMILY
A single-family dwelling unit occupies the structure from
ground to roof usually with independent access, services, and use
of land.
The legal or beneficial owner or owners of land, the holders
of an option or contract to purchase (whether or not such option or
contract is subject to any conditions), a lessee having a remaining
term of not less than 40 years or any other person having proprietary
interest in the land.
The Planning Agency of the Township of Smithfield.
A corporation, association, trust, foundation, fund, or a
group of persons, suitably organized or associated to insure the improvement,
maintenance, and preservation of common open space.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this Chapter.
An abbreviation for “planned residential development.”
A Planning Commission, Planning Department, or a Planning
Committee of the Board of Supervisors.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this Chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the “Sunshine Act,”
53 P.S. § 271 et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township, Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A system designed and constructed to collect, centrally treat,
and dispose of all sewage from all portions of the planned residential
development.
A sewer system serving a portion of a municipality or municipalities,
developed and administered by a governmental agency or authority.
A section or sections of the planned residential development
in which a developer proposes to commence development at the same
time, as indicated in the development plan for the PRD and as part
of a timetable for development of a PRD over a period of years.
Major street for carrying large volumes of through traffic
for the connection of residential areas and for circulation outside
the residential area. Normally controlled by traffic signs and signals.
Principle street for traffic circulation within residential
developments which carries traffic between local residential streets
and the arterial street system. Traffic normally controlled by signs.
Used primarily to provide access to abutting property.
A system designed and constructed to transmit and distribute
water from a common source to all residents in all portions of the
planned residential development.
A supply system serving a portion of a municipality or municipalities
developed and administered by a governmental agency or authority.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
3.
Eligibility
Requirements. An application for tentative approval shall not be eligible
for tentative approval unless the following initial requirements are
met:
A.
The proposed
planned residential development shall consist of one or more contiguous
parcels of land under single ownership and control.
B.
The proposed
planned residential development shall contain acreage sufficient to
design a major subdivision.
C.
The proposed
planned residential development shall be connected to public water
and sanitary sewer systems.
D.
No planned
residential development shall be less than 250 acres in size.
4.
Land Use
and Land Use Density.
A.
B.
Nonresidential
Uses. The following nonresidential uses may be permitted in a planned
residential development to the extent that they are compatible and
harmoniously incorporated into the unitary design of the planned residential
development. Nonresidential uses shall not precede residential development,
except for golf courses and ski slopes. Nonresidential uses shall
be designed to serve the residents of the planned residential development
and may also be used by members of the general public on a commercial
basis:
(1)
Commercial uses such as retail shops or stores, service businesses,
restaurants, golf courses containing at least 18 holes and ski slopes.
(2)
Professional or business office uses, including branch banks.
(3)
Institutional uses such as private schools, nursery schools and day
care centers, places of worship, community activity centers, and nursing
homes or skilled nursing facilities.
5.
Land use
density within planned residential developments shall be regulated
by the following general standards:
A.
The total
number of dwelling units shall not exceed the permitted number allowable
under Schedule I of this Chapter for districts in which the site is
located. In computing the maximum number of dwelling units that may
be created, any lands which are located within a floodplain area,
which are located in a wetland area, which are occupied by public
utility easements, or which have a slope in excess of 25% in such
a manner as to limit their use or prevent their development shall
not be considered part of the total gross area.
B.
The percentage
of the planned residential development site that is to be covered
by buildings, roads, parking areas, and other impervious surface shall
not exceed 35% of the total site area.
C.
The percentage
of the planned residential development site to be devoted to common
open space shall be no less than 35% of the total site area, of which
no less than 25% shall be usable for active recreation. This 25% shall
not include slopes in excess of 25% or more, floodplains, water bodies
and other undevelopable areas unless the same have been incorporated
into the open space in such a manner as to make substantial practical
use of these areas for trails, other active recreational uses (e.g.,
ballfields, ski slopes and golf courses) or similar development features,
including use for stormwater detention and sewage treatment.
D.
The percentage
of the planned residential development site to be devoted to nonresidential
uses shall not exceed 5% of the total site area; provided, however,
a golf course containing at least 18 holes or ski slope included within
the common open space of a planned residential development which is
open for the use of the residents of the planned residential development
and/or the general public on a commercial basis shall not be subject
to this limitation. Nonresidential uses, with the exception of golf
courses and ski slopes, shall not precede residential development.
6.
The general standards set forth in Subsection 5 may be modified by the official review agency where it is the opinion of the review agency that the findings of the site analysis, set forth in Subsection 8, justify a modification. Permitted densities shall only be reduced by the official review agency below the maximum general standards set forth in Subsection 5 where it is the opinion of the review agency that the characteristics of the PRD site and the surrounding area demonstrate a need for lower density development.
7.
Building Siting, Building Coverage and Net Residential Density. Within the general standards established in Subsection 5, the suitability of building siting, building coverage, and net residential density in specific sections of the planned residential development will be determined subject to the qualitative standards set forth for the site design of residential uses and common open space in Subsection 9A and C and the determinations of the site analysis as set forth in Subsection 8.
8.
Site Analysis
and Site Design Standards.
A.
Natural
Features Analysis. In order to determine which specific areas of the
total PRD site are best suited for high density development, which
areas are best suited for lower density development, and which areas
should be preserved in their natural state as open space areas, a
thorough analysis of the natural features of the site will be required,
The following subject categories must be included in this analysis:
(1)
Hydrology. Analysis of natural drainage patterns and water resources
including an analysis of streams, natural drainage swales, ponds or
lakes, wetlands, floodplain areas, permanent high water table areas,
and seasonal high water table areas throughout this site.
(2)
Geology. Analysis of characteristics of rock formations underlying
the site including defining aquifers (particularly those locally subject
to pollution), shallow bedrock areas, and areas in which rock formations
are unstable.
(3)
Soils. Analysis of types of soils present in the site area including
delineation of prime agricultural soil areas, aquifer recharge soil
areas, unstable soils, soils most susceptible to erosion, and soils
suitable for urban development. The analysis of soils will be based
on the County Soil Survey of the U.S. Soil Conservation Service.
(4)
Topography. Analysis of terrain of site including mapping of elevation
and delineation of slope areas over 20%, between 10% and 20% and under
10%.
(5)
Vegetation. Analysis of tree and plant cover of the site, emphasizing
the location of woodland and meadowland areas. Dominant tree and plant
species should be identified and the characteristics of each understood.
B.
Community
Impact Analysis. In order to determine the impact of the planned residential
development upon the Township, an analysis of the potential effects
of the PRD upon public facilities, utilities, and roadway systems
will be required. A comparison of the costs to the Township versus
the revenues to the Township produced by the PRO will be included
in the analysis. Market analysis data which estimates potential market
demand for various types of housing in the area of the proposed PRD
site will also be presented.
9.
Site Design
Requirements.
A.
Residential
Uses.
(1)
The natural features of the PRD site shall be a major factor in determining the siting of dwelling unit structures. The results of the natural features analysis in Subsection 8A shall be considered in the siting of all dwelling unit structures.
(2)
Conventional siting practices such as building setbacks from streets
and minimum distances between buildings may be varied in order to
produce attractive and interesting arrangement of buildings.
(3)
Dwelling unit structures shall be located and sited so as to promote
pedestrian and visual access to common open space wherever possible.
(4)
Dwelling unit structures shall be located and arranged so as to promote
privacy for residents within the PRD and maintain privacy for residents
adjacent to the PRD. Structures shall be located within the development
so that there will be no adverse impact such as excluding natural
light or invading the privacy of adjacent structures.
(5)
Dwelling unit and other structures located within 200 feet of the
perimeter of a planned residential development must be set back by
a distance sufficient to protect the privacy of adjacent existing
uses. In no event shall a structure be located less than 50 feet from
the property line.
(6)
Dwelling unit and other structures located near the periphery of
the planned residential development shall be designed so as to be
harmonious with neighboring areas.
(7)
No structure shall be located within 20 feet of the right-of-way
of collector streets.
B.
Commercial
Uses.
(1)
All commercial uses shall be located in a single area of the planned
residential development which shall consist of at least two contiguous
acres.
(2)
All commercial uses shall be located with direct access to either
a collector or arterial street. If the total parking requirements
for such uses in 100 parking spaces or more, the uses must be located
on a collector street.
C.
Common
Open Space.
(1)
The location, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth in § 27-505, Subsection 1E, of this Chapter, concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in § 27-505, Subsection 8A.
(2)
The uses authorized for the common open space must be appropriate
to the scale and character of the planned development, considering
its natural features, size, land use intensity, potential population,
and the number and types of dwelling units to be developed.
(3)
Whenever possible common open space shall be designed as a contiguous
area interspersed with residential areas with pedestrian and visual
access available to all residents of the PRD.
(4)
Significant natural features such as woodland areas, large trees,
natural watercourses and bodies of water, rock outcroppings, and scenic
views shall be incorporated into common open space areas whenever
possible. However, no less than 25% of the total common open space
area shall be suitable for intensive use as an active recreation area.
D.
The street
system of the planned residential development shall be designed so
as to:
(1)
Relate harmoniously with land uses within and adjacent to the PRD
through the establishment of a hierarchy of roadway functions which
includes collector and local streets.
(2)
Create a separation of automobile and pedestrian traffic through
the coordinated design of streets, dwelling units, common open space
areas, and pedestrian walkways.
(3)
Create efficient and safe connections with the existing road system
of the Township in order to insure proper ingress and egress to and
from the PRD.
(4)
Minimize through traffic in residential areas.
(5)
Collector streets and local streets in the planned residential developments shall be designed in accordance with the provisions of the Subdivision Ordinance [Chapter 22], Where the results of the community impact analysis, described in § 27-505, Subsection 8B, indicate a need for greater or lesser right-of-way and cartway widths, the modifications may be authorized by the official review agency.
(6)
Cul-de-sac streets shall not exceed 600 feet in length. Cul-de-sac
streets shall have a turning circle with a minimum right-of-way of
50 feet and an outer paved width of 40 feet.
(7)
In order to separate automobile and pedestrian circulation and to
increase accessibility to common open space areas, pedestrian walkways
will be provided wherever feasible. Sidewalks shall be required adjacent
to streets in planned residential developments only as deemed necessary
by the official review agency.
10.
Parking.
B.
Nonresidential
off-street parking areas shall be screened from adjacent structures,
access roads and traffic arteries, by hedges, dense planting, earth
berms, or changes in grade or walls. All parking areas shall be a
minimum of 20 feet from all structures, access roads and traffic arterials.
C.
No more
than 15 parking spaces shall be permitted in a continuous row without
being interrupted by landscaping approved by the Board of Supervisors.
D.
No more
than 60 parking spaces shall be accommodated in any single parking
area.
E.
The construction of off-street parking areas must be in conformance with construction standards set forth in the Township Subdivision Ordinance [Chapter 22].
F.
Boats
and/or recreational travel trailer vehicles shall not be parked in
any driveway or other parking space for more than 24 hours, except
in an area which developer may specifically set aside for such purpose.
Such special area shall be adequately screened from view of any adjacent
residential area.
11.
Lighting.
A.
Off-street
parking areas, and areas of intensive pedestrian use shall be adequately
lighted. All such lighting shall be designed and located so as to
direct light away from adjacent residences.
B.
Adequate
lighting shall be provided after dark. Appropriate lighting fixtures
shall be provided for walkways and to identify steps, ramps, and signs.
Such lighting shall be designed and located so as to direct light
away from adjacent residences.
12.
Sewer
and Water Utilities.
A.
Planned
residential developments shall be provided with sanitary sewer systems
through one of the following methods:
(1)
Connection to public sewer system shall be required where a public
sewer system can feasibly be provided to the PRD site and where such
a system can adequately fulfill the sewage disposal needs of the PRD.
(2)
Provision of a centralized sanitary sewer system by the developer
which serves the entire PRD where a public sewer system cannot feasibly
be provided to the PRD site, Centralized sanitary sewer systems shall
be designed and constructed in a manner that would permit adequate
connection to a public sanitary sewer system in the future. The design
and construction of centralized sanitary sewer system shall conform
to the current applicable standards of the State Department of Environmental
Resources, and where applicable, the Pennsylvania Utilities Commission
and the Delaware River Basin Commission.
B.
Planned
residential developments shall be provided with water supply systems
through one of the following methods:
(1)
Connection to a public water system shall be required where a public
water system can feasibly be provided to the PRD site and where the
capacity of the public system can adequately fulfill the water supply
demands of the PRD.
(2)
Provision of a centralized, water supply system by the developer,
which serves the entire PRD. Centralized water supply systems shall
be designed and constructed in a manner that would permit adequate
connection to a public water supply system in the future. The design
and construction of a centralized water supply system shall conform
to the current applicable standards of the State Department of Environmental
Resources and, where applicable, the Pennsylvania Utilities Commission
and Delaware River Basin Commission.
13.
Soil
Erosion Control and Storm Drainage.
B.
Where
site clearance and earthmoving are necessary, suitable erosion control
measures shall be undertaken.
C.
Storm Drainage. The storm drainage system for a planned residential development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps, and the design of cartways so as to minimize runoff, The determination of the site analysis of natural features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be consistent with the design and improvement standards for storm drainage set forth in the Township Subdivision Ordinance [Chapter 22], and Township Stormwater Management Ordinance [Chapter 26, Part 2].
14.
Tree
Conservation and Landscaping.
A.
Existing
trees shall be preserved wherever possible, The protection of trees
six inches or more in diameter (measured at a height 4 1/2 feet above
the original grade) shall be a factor in determining the location
of open space, structures, underground utilities, walks, and paved
areas. Areas in which trees are preserved shall remain at original
grade level and undisturbed wherever possible.
B.
Where
extensive natural tree cover and vegetation does not exist and cannot
be preserved on the PRD site, landscaping shall be regarded as an
essential feature of the PRD. In these cases extensive landscaping
shall be undertaken in order to enhance the appearance of the PRD,
aid in erosion control, provide protection from wind and sun, screen
streets and parking areas, and enhance the privacy of dwelling units.
15.
Utilities.
Telephone, electric and cable TV utilities shall be installed underground.
16.
Refuse
Removal. Refuse stations to serve residential, recreational, and commercial
areas shall be designed with suitable screening, and located so as
to be convenient for trash removal and not offensive to nearby residential
areas.
18.
Ownership,
Maintenance, and Preservation of Common Open Space.
A.
The
developer shall make provisions which insure that the common open
space land shall continue as such and be properly maintained. The
developer shall provide for and establish an organization for the
ownership, maintenance, and preservation of open space which shall
conform to the following standards and procedures:
(1)
The organization shall be established by the developer before the
sale or rental of dwelling units in the PRD.
(2)
The form, financial capability, rules of membership, and methods
of cost assessment of the organization shall be devised so as to insure
the successful fulfillment of the maintenance, preservation, and improvement
responsibilities of the organization.
(3)
The organization responsible for maintenance, preservation, and improvement
of common open space areas shall be the sole owner of the common open
space lands.
(4)
The organization shall have or hire adequate staff to administer
common facilities and maintain the common open space.
(5)
In the event that the organization established to own and maintain
a common open space or any successor organization, shall at any time
after establishment of the planned residential development fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Township may serve written
notice upon such organization or upon the residents and owners of
the planned residential development setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be corrected within 30 days thereof, and shall state
the date and place of hearing thereon which shall be held within 14
days of the notice, At such hearing, the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be corrected, If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be corrected within said 30 days or any extension thereof, the
Township, in order to preserve the taxable values of the properties
with the planned residential development and prevent the common open
space from becoming a public nuisance, may enter upon said common
open space and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common open
space nor vest in the public any rights to use the same. Before the
expiration of said year, the Township, upon its initiative or upon
the request of the organization theretofore responsible for the maintenance
of the common open space, shall call a public hearing upon notice
to such organization or to the residents and owners of the planned
residential development, to be held by the Township, at which hearing
such organization or the residents and owners of the planned residential
development shall show cause why such maintenance by the Township
shall not, at the option of the Township, continue for a succeeding
year. If the Township shall determine that such organization is ready
and able to maintain said common open space in reasonable condition,
the Township shall cease to maintain said common open space at the
end of said year. It the Township shall determine such organization
is not ready and able to maintain said common open space in a reasonable
condition, the Township may, in its discretion, continue to maintain
said common open space during the next succeeding year and subject
to a similar hearing and determination in each year thereafter. The
decision of the Township in any such case shall constitute a final
administrative decision subject to judicial review.
(6)
The cost of such maintenance by the Township shall be assessed ratably
against all properties within the planned residential development
that have a right of enjoyment of the common open space and shall
become a lien on said properties. The Township, at the time of entering
upon said common open space for the purpose of maintenance, shall
file a notice of lien in the office of the Prothonotary of the County,
upon the properties affected by the lien within the planned residential
development. Notwithstanding any provision to the contrary, no lien
shall be assessed against or upon any property owned by parties other
than the organization formed to maintain common open space within
the planned residential development. If such owner has paid all current
assessments to the aforesaid organization, and further provided that
the aggregate total of current assessments due the organization is
not less than the Township’s maintenance cost to maintain the
common open space in a reasonable condition.
B.
Public Dedication of Common Open Space. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to Part 9 of this Chapter.
19.
Fire
Protection. In addition to fire hydrants, the developer shall by deed
protective covenant, as well as by adoption of internal building specifications,
provide that every dwelling unit in a four story or higher building,
as well as in common areas within such buildings, sprinklered in accordance
with the NFPA Code.
20.
Development
in Stages. A planned residential development may be developed in stages
if the following standards are met:
A.
The
location and approximate time of construction of each stage are clearly
marked on the development plan.
B.
At least
25% of the dwelling units in the development plan are included in
the first stage.
C.
At least
33% of the dwelling units in any stage are rented or sold before any
commercial development shown in that stage shall be completed.
D.
The
second and subsequent stages are completed consistent with the development
plan in no event shall such stages contain less than 25% of the dwelling
units included in the development plan.
E.
To encourage
flexibility of housing density, design, and type in accord with the
purposes of this Chapter, gross residential density maybe varied from
stage to stage. A gross residential density in one stage which exceeds
the permitted average gross residential density for the entire planned
residential development must be offset by a gross residential density
in a completed prior stage which is less than the permitted average
gross residential density for the entire planned residential development.
21.
Deposits
Required with PRD Application. The application for tentative approval
shall be executed by or on behalf of the landowner and filed with
the Township Secretary. An initial deposit as set forth in the current
fee schedule of the Township shall be paid upon filing of the application
to be applied against such expenses, and additional deposits shall
be made from time to time as required by the Township to be applied
against the expenses of processing the application, not to exceed
actual expenses incurred by the Township.
22.
Documentation
to Accompany Application.
A.
The
application for tentative approval shall include documentation illustrating
compliance with all of the standards for planned residential development
in this Section and, where necessary, the Township shall order such
documentation to aid them in their review.
B.
General
Documentation. Required documentation shall include, but not be limited
to, documents illustrating the following:
(1)
The location and site of the area involved, and the nature of the
landowner’s interest in the planned residential development.
(2)
The proposed use areas, the average gross residential density and
the density of each proposed type of residential use area.
(3)
The location, function, size, ownership, and manner of maintenance
and the common open space.
(4)
The use and the approximate height, bulk and location of buildings
and other structures.
(5)
Information showing the feasibility of proposals for water, sanitary
sewage and stormwater disposition.
(6)
Utility systems.
(7)
The substance of covenants, grant of easements, or other restrictions
to be imposed upon the use of land, buildings and structures including
proposed grants and/or easements for public utilities.
(8)
The provisions for parking of vehicles and location, rights-of-way
and cartway widths of proposed streets and public ways.
(9)
In the case of plans which call for development in stages, a schedule
showing the time within which the applications for final approval
of all parts of the planned residential development are intended to
be filed, and which shall be updated annually on the anniversary of
submission for final approval.
(10)
The application shall, insofar as possible, indicate compliance with
the provisions set forth herein, governing the requirements for final
approval.
(11)
[Reserved]
C.
Plans.
Application for tentative approval shall include, but not be limited
to, the following documents:
(1)
Plans at a scale of one inch equals 200 feet of existing natural
features of the land including topography, vegetation, drainage and
soil.
(2)
A site plan showing approximate locations of buildings, roads, parking
areas at a scale of one inch equals 100 feet.
(3)
A plan at a scale of one inch equals 100 feet delineating common
open space indicating size, nature of facilities, structures, if any,
and uses.
(4)
A plan at scale of one inch equals 100 feet delineating approximate
locations, street types, rights-of-way and cartway widths.
(5)
Site plan illustrating phasing, including a time schedule for all
on-site and off-site improvements to be dedicated for public use.
(6)
A plan illustrating connection to existing public utilities, streets
and rights-of-way accompanied by documentation as to the impact of
the proposed development on said public utilities, streets and rights-of-way.
(7)
A plan illustrating the relation of the proposed planned residential
development to the Township’s Comprehensive Plan.
D.
Said
application shall also indicate a written statement by the land owner
setting forth the reasons why, in his opinion, the planned residential
development would be in the public interest and would be consistent
with the Township’s Comprehensive Plan.
23.
Review
of Application by Other Agencies. One copy of every application for
tentative approval received by the Township Secretary shall be promptly
forwarded to the Planning Commission and to the County Planning Commission
for study and recommendation as required by the Pennsylvania Municipalities
Planning Code. The Township Planning Commission and the County Planning
Commission shall review and report upon the application to the Township
within 30 days of such referral. One copy of the reports of the respective
planning commissions shall be furnished to the landowner not less
than five days before the appointed time of the public hearing provided
for in § 27-510. Additional copies may be required as deemed
necessary by the Township Secretary.
24.
Informal
Consultation Prior to Application. The landowner, the Township, the
Planning Commission and the County Planning Commission may consult
informally concerning the proposed planned residential development
prior to the filing of an application for tentative approval, provided
that no statement or representation by an official of the Township
or of the planning agencies shall be binding upon the Township.
25.
Public
Hearings.
A.
Within
60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this Chapter, a public
hearing pursuant to public notice on said application shall be held
by the Board of Supervisors.
B.
Public
notice shall be given and written notices shall be given to the applicant,
the Zoning Officer and to any person who has made timely request for
the same. Written notices shall be given at such time and in such
manner as shall be prescribed by rules of the Board of Supervisors.
In addition to the written notice provided herein written notice of
said hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing.
C.
The
parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Board of Supervisors, and any other person including civic or
community organizations permitted to appear by the Board of Supervisors.
The Board of Supervisors shall have power to require that all persons
who wish to be considered parties enter appearances in writing on
forms provided by the Board of Supervisors for that purpose.
D.
The
Chairman, or acting Chairman in the absence of the Chairman, of the
Board of Supervisors shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
E.
The
parties shall have the right to be represented by counsel and shall
be afforded the opportunity to respond and present evidence and argument
and cross-examine adverse witnesses on all relevant issues.
F.
Formal
rules of evidence shall not apply, but irrelevant, immaterial, or
unduly repetitious evidence may be excluded.
G.
The
Board of Supervisors shall keep a stenographic record of the proceedings.
The appearance fee for the stenographer shall be shared equally by
the applicant and the Board of Supervisors, The cost of the original
transcript shall be paid by the Board of Supervisors if the transcript
is ordered by the Board of Supervisors or shall be paid by the person
appealing from the decision of the Board of Supervisors if such appeal
is made, and in either event the cost of additional copies shall be
paid by the person requesting such copy or copies. In other cases
the party requesting the original transcript shall bear the cost thereof.
H.
The
Board of Supervisors shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice for all parties to participate, shall
not take notice of any communication, reports, staff memoranda, or
other materials, except advice from their solicitor, unless the parties
are afforded an opportunity to contest the material so noticed and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
I.
The
Board of Supervisors may continue the hearing from time to time and
may refer the matter back to the Planning Commission for a report;
provided, however, that in any event the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing.
26.
The
Findings.
A.
The
Board of Supervisors within 60 days following the conclusion of the
public hearing shall by official written communication to the landowner,
either:
B.
Failure
to so act within said sixty-day period shall be deemed to be a grant
of tentative approval of the development plan as submitted. In the
event, however, that tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communication of the Board of Supervisors notify such Board
of Supervisors of his refusal to accept all said conditions, in which
case, the Board of Supervisors shall be deemed to have denied tentative
approval of the development plan, In the event the landowner does
not, within said period, notify the Board of Supervisors of his refusal
to accept all said conditions, tentative approval of the development
plan, with all said conditions, shall stand as granted.
C.
The
grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related
to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial, and said communication
shall set forth with particularity in what respects the development
plan would or would not be in the public interest, including, but
not limited to, findings of fact and conclusions on the following:
(1)
In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for the development of the Township.
(2)
The extent to which the development plan departs from zoning and
subdivision regulations otherwise applicable to the subject property
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest.
(3)
The purpose, location and amount of the common open space in the
planned, residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in which
said design does or does not make adequate provision for public services,
provide adequate control over vehicular traffic and further the amenities
of light and air, recreation and visual enjoyment.
(5)
The relationship beneficial or adverse, of the proposed planned residential
development to the neighborhood in which it is proposed to be established.
(6)
In the case of a development plan with proposed development over
a period of years, the sufficiency of the terns and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
In the
event a development plan is granted tentative approval, with or without
conditions, the Board of Supervisors may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed. Except upon consent of the landowner,
the time so established between grant of tentative approval and an
application for final approval shall not be less than three months
and, in the case of development over a period of years, the time between
applications for final approval of each part of a plan, shall be not
less than 12 months.
27.
Status
of Plan After Tentative Approval.
A.
Notification of Approval. The official written communication provided for in § 27-511 shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
B.
Actions
Not Permitted by Tentative Approval. Tentative approval of a development
plan shall not qualify a plat of the planned residential development
for recording nor authorize development or the issuance of any building
permits. A development plan which has been given tentative approval
as submitted, or which has been given tentative approval with conditions
which have been accepted by the landowner (and provided the landowner
has not defaulted or violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by action of the Township pending an application or applications for
final approval, without the consent of the landowner, provided an
application for final approval is filed, in the case of development
over a period of years, provided applications are filed within the
periods of time specified in the official written communication granting
tentative approval.
C.
Abandonment
of Plan. In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the Board of
Supervisors in writing, or in the event the landowner shall not fail
to file application or applications for final approval within the
required period of time or times, as the case may be, the tentative
approval shall be deemed to be revoked and all that portion of the
area included in the development plan for which final approval has
not been given shall be subject to those local ordinances otherwise
applicable thereto as they may be amended from time to time, and the
same shall be noted on the Zoning Map and in the records of the Township
Secretary.
28.
Application
for Final Approval. An application for final approval may be for the
entire land development plan, or to the extent set forth in the tentative
approval, a section thereof. Said application shall be made to the
Township and within the time or times specified by the official written
communication granting tentative approval. If the application for
final approval is in compliance with the tentatively approved development
plan, a public hearing need not be held.
29.
Required
Documentation. The application for final approval shall contain:
A.
Site
Map. Six copies of the final plan:
(1)
Drawn at a scale of one inch equals 100 feet as the tentative plan
was drawn.
(2)
The final plan site map shall be drawn on tracing cloth or be a transparent
reproduction with black line on cloth or stable plastic base film.
If the final plan site map is drawn in two or more sections, they
must be numbered consecutively and accompanied by a key map showing
the location of the several sections.
(3)
For all street rights-of-way and property lines within the PRD the
following must be shown: Accurate dimensions, bearings or deflection
angles of all straight lines; error of closure may not exceed one
foot in 10,000 for slopes of less than 10% or over two feet in 10,000
for slopes of 10% and over and radii, arcs and central angles of all
curves.
(4)
For other rights of ways and easements, the location, bearings and
purpose.
(5)
Survey data shall include: Primary control points or descriptions
and ties to such control points to which all dimensions, angles, bearings
and similar data on the map are referred.
(6)
Number to identify each lot and/or site.
(7)
Number of dwelling units and density type.
(8)
Purpose for which sites other than residential lots are dedicated
or reserved.
(9)
Building locations and building setback lines on all lots and other
sites.
(10)
Names of record owners of adjoining unplatted land.
(11)
Reference to recorded land development plans of adjoining developed
land by record name, date and number.
(12)
Notarized certification of title showing that the applicant is the
owner of the land, that the land development shown is his act and
deed, and that it will be recorded as shown.
(13)
Certification by registered surveyor or registered professional engineer
certifying to accuracy of survey and plan.
(14)
The location of all proposed monuments and street signs and the location
and methods of street lighting facilities.
(15)
A location map corrected and updated from the tentative plan.
(16)
Source of title.
(17)
Provisions for approved signatures by Township officials.
(18)
Provisions for review signatures by Township and County Planning
Commissions.
B.
Supporting
Data.
(1)
Detailed drawings and specifications for improvements shall be submitted.
(2)
Two copies of center line profile and cross-section maps or diagrams
of streets showing proposed grades, curbs, sanitary and stormwater
sewers, water lines and any other underground utilities at minimum
scale of 40 feet horizontal and 40 feet vertical.
(3)
Two copies of deed restrictions and/or protective covenants for the
development.
(4)
[Reserved]
C.
Certificates
Required.
(1)
From a registered professional engineer retained by the Township,
certification that the developer has installed all improvements to
the specifications of these requirements and has complied with any
conditions attached to the approval of the tentative plan by the Township;
or that the developer has posted a surety performance bond or other
acceptable security in an amount sufficient to assure completion of
all required improvements.
(2)
From State agencies, certification that the method of sewage disposal
and water supply have been approved by the Pennsylvania Department
of Environmental Resources and certification of the sediment and erosion
control plan bearing approval of the Pennsylvania Department of Environmental
Resources.
(3)
Other certificates as may be required such as from the Pennsylvania
Public Utility Commission.
(4)
An agreement that the developer will install underground utilities
before paving streets and constructing sidewalks.
D.
Fees.
The final plan shall include thereon or be accompanied by filing fees
and any other fee that may be required.
30.
Refusal
of Final Application. In the event the development plan as submitted
contains variations from the development plan given tentative approval,
the Board of Supervisors may refuse to grant final approval and shall,
within 45 days from the filing of the application for final approval,
so advise the landowner in writing of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest. In the event of such refusal, the landowner
may either:
A.
Refile
his application for final approval without the variations objected.
B.
File
a written request with the Board of Supervisors that it hold a public
hearing on his application for final approval. If the landowner wishes
to take either such alternate action, he may do so at any time within
which he shall be entitled to apply for final approval, or within
30 additional days if the time for applying for final approval shall
already passed at the time when the landowner was advised that the
development plan was not in substantial compliance. In the event the
landowner shall fail to take either of these alternate actions within
said time, he shall be deemed to have abandoned the development plan.
Any such public hearing shall be held pursuant to public notice within
30 days after the conclusion of the hearing the Board of Supervisors
shall by official written communication either grant final approval
of the development plan or deny final approval. The grant or denial
of final approval of the development plan shall, in cases arising
under this Section, be in the form of and contain the findings required
for an application for tentative approval set forth in this Chapter.
31.
Approval
of Final Application. In the event the application for final approval
has been filed, together with all drawings, specifications and other
documents in support thereof, and as required by this Chapter and
the official written communication of tentative approval, the Township
shall, within 45 days of such filing, grant such development plan
final approval.
32.
Certification
and Recording of Final Approval. A development plan, or any part thereof,
which has been given final approval shall be so certified without
delay by the Board of Supervisors and shall be filed of record forthwith
in the Office of the Recorder of Deeds before any development shall
take place in accordance therewith. Upon filing of record of the development
plan the zoning and subdivision regulations otherwise applicable to
the land included in such plan shall cease to apply thereto, Pending
completion within a reasonable time of said planned residential development
or of that part thereof, as the case may be, that has been finally
approved, no modification of the provisions of said development plan,
or part thereof, as finally approved, shall be made except with the
consent of the landowner.
33.
Failure
to Act on Plan. In the event that a development plan, or a section
thereof, is given final approval and thereafter the landowner shall
abandon such plan or the section thereof that has been finally approved,
and shall so notify the Board of Supervisors in writing; or, in the
event the landowner shall fail to commence and carry out the planned
residential development within such reasonable period of time as may
be fixed by ordinance after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after said property is re-subdivided and
is reclassified by enactment of an amendment to this Chapter.
[Ord. 187, 4/18/2008]
1.
Multi-family dwelling projects are permitted as conditional uses in certain districts to provide the opportunity for the development of a variety of housing types in the Township. In addition to the conditional use standards set forth in this Chapter and the Township Building Code [Chapter 5], the following standards shall apply to multi-family developments:
A.
Procedure.
(1)
Multi-family dwelling projects shall be considered major subdivisions and land developments subject to the Township Subdivision and Land Development Regulations [Chapter 22], This “major subdivision” classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multi-family dwelling projects, accordingly, will be made to the Township Planning Commission in the manner provided in the subdivision regulations. The developer shall also submit all information required by said regulations in addition to the following additional information:
(a)
An application for multi-family dwelling conditional use by a letter
or brief from the developer indicating how the development will specifically
meet the conditional use standards of this Chapter.
(b)
A proposed plot plan showing all necessary information to include,
at a minimum, location of all buildings and improvements including
roads, parking areas, planting strips, signs, storm drainage facilities,
water supply and distribution systems, sewage treatment and collection
systems and the specific areas provided as open space pursuant to
the requirements of this Chapter. Building layouts, floor plans and
profiles shall also be provided indicating building dimensions, numbers,
and sizes of units, common ownership or use areas, lighting and such
other information as shall be required to determine compliance with
the design standards contained herein and any other building standards
which may be applicable in the Township. Setbacks from property lines,
improvements, and other buildings shall also be specifically shown.
(c)
A schedule or plan, and proposed agreement(s) either with the Township
or a property owners association for the purpose of dedicating, in
perpetuity, the exclusive use and/or ownership of the open space required
by this Chapter to the prospective dwelling owners or occupants. Such
agreement may be incorporated in the applicant’s proposed covenants
and restrictions, but shall in any event, provide to the satisfaction
of the Township that maintenance and use of the property, regardless
of ownership, be restricted to either (1) activities intended for
the sole benefit of the occupants of the particular project proposed
or, (2) permanent open space as hereinafter provided.
(2)
The application package shall be processed on a schedule concurrent with requirements for review and approval of other preliminary plans pursuant to the Township subdivision regulations [Chapter 22] including providing the County Planning Commission with a thirty-day opportunity to review copies of the entire package. The Township Planning Commission shall report its findings together with a recommendation indicating whether the conditional use criteria contained in § 27-508 will be satisfied.
(3)
The Board of Supervisors shall act on the preliminary plan, conditional
use, and planning module for land development concurrently, making
the preliminary plan approval, if one shall be given, subject to approval
of the planning module by the Pennsylvania Department of Environmental
Protection (DEP).
(4)
No building permit shall be issued to the applicant until all conditions
attached to the approval of any preliminary plan, including DEP approval
of the planning module, shall have been satisfied and nothing herein
shall be construed as permitting the issuance of a building permit
prior to preliminary plan approval. If the preliminary plan shall
be rejected no conditional use, building or zoning permit shall be
granted.
(5)
Following preliminary plan approval, the developer shall provide for the installation of all required or proposed improvements including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall also be completed or guaranteed prior to the applicant’s request for final approval. No certificate of occupancy shall, however, be issued until such time as (a) final plan approval shall have been granted pursuant to the subdivision regulations [Chapter 22], and (b) buildings have been completed and inspected by the Zoning Officer and a valid certificate of approval from the Pennsylvania Department of Labor and Industry, where required, is provided by the applicant.
(6)
Person shall sell, transfer, lease or agree or enter into an agreement
to sell or lease any land and/or buildings or interests in the individual
dwelling units to be created, or erect any building thereon except
in accord with the provisions of this Chapter, and unless and until
final plan approval and a certificate of occupancy shall have been
granted and the plan has been recorded in the Office of the County
Recorder of Deeds.
B.
Parcel
Size and Density. All land proposed for a multi-family dwelling project
shall be contiguous. The total number of dwelling units permitted
shall be calculated by taking the total acreage of the development
(including all areas to be devoted to open space), deducting the following
acreage:
(1)
Land contained within public rights-of-way.
(2)
Land contained within the rights-of-way of existing or proposed private
streets. Where formal rights-of-way are not involved, the width of
the street shall be assumed as 50 feet.
(3)
Land contained within the boundaries of easements previously granted
to public utility corporations providing electric or telephone service,
and any petroleum products pipeline rights-of-way.
(4)
The area of water bodies including lakes, ponds and streams (measured
to the normal high water mark on each side); floodplains, wetlands;
quarries; areas with slope in excess of 24% or greater, and areas
used for improvements (e.g., roads, recreational facilities, stormwater
facilities, etc.); and dividing the remainder by 6,700 square feet
per dwelling unit.
C.
Open
Space. All areas of a development not conveyed to individual owners;
and not occupied by buildings and required or proposed improvements
shall remain as permanent open space or be dedicated to recreation
area to be used for the sole benefit and enjoyment of the residents
of the particular units being proposed. Such open space shall be part
of the same parcel and contiguous and shall be subject to the following
regulations:
(1)
Recreation areas shall be immediately adjacent to the proposed units
and freely and safely accessible to all residents of the development
and shall not be used to fulfill open space requirements for residents
of other future units or provide recreational areas for residents
of other future units.
(2)
Land designated as open space shall be maintained as open space and
may not be separately sold, used to meet open space or recreation
area requirements for other developments, subdivided or developed
excepting that a holding zone may be reserved for future development
pursuant to density and other zoning requirements as they presently
exist, provided such lands are specifically defined and indicated
as “reserved for future development” on all plats, Such
lands shall not be included in calculating permitted density for the
proposed development. These provisions, however, shall not be construed
as granting or reserving to the developer any rights or privileges
to develop on the basis of a “pre-approved plan” if density
or other zoning requirements shall have been modified to prelude such
development.
(3)
Open space areas shall be maintained so that their use and enjoyment
are not diminished or destroyed, Such areas may be owned, and maintained
by either one or both of the following mechanisms:
(a)
Dedication to a property owners association which assumes full responsibility
for maintenance of the open space.
(b)
Deed-restricted private ownership which shall prevent development
of the open space, provide for its maintenance and protect the rights
of owners or occupants of dwelling units to use and enjoy, in perpetuity,
the open space as shall have been dedicated to recreation area for
the project.
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Whichever mechanism(s) may be used, the developer shall provide,
to the satisfaction of the Township and prior to the granting of any
final plan approval, for the perpetual maintenance of the open space
and also the use and enjoyment of the recreation area by residents
of the units being approved. No lots shall be sold nor shall any building
be occupied until and unless such arrangements or agreements have
been finalized and recorded.
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(4)
At least 50% of the designated recreation area shall be usable for
active recreational activities and shall not include swamps, quarries,
slopes over 25% in grade, or acreage used for improvements. Storm
drainage facilities are considered improvements.
(5)
Developments of 50 units or more shall also include parks and playgrounds
according to the following formula: 1/2 acre per 50 units.
D.
Design
Criteria. The following design criteria shall apply to multi-family
developments:
(1)
There shall be no more than 10 dwelling units in each multi-family
building, except that the Board of Supervisors may grant a conditional
use for a greater number of units for purposes of accommodating the
needs of the elderly or handicapped or to create more open space.
(2)
No structure shall be constructed within 50 feet of any access road
to or through the development or within 10 feet of the edge of any
parking area.
(3)
Access roads through the development shall comply with the street requirements of the Township subdivision regulations [Chapter 22] for minor roads.
(4)
No multi-family development shall be served by more than one access
from any public highway, unless topographic or other physical circumstances
dictate the use of more than one access for safety reasons.
(5)
Parking shall be provided in accord with the requirements of § 27-402 hereof. Industry studies may, in the discretion of the Board of Supervisors, be used to adjust the amount of parking required to fit the particular needs of a project. Multi-family units designed for time-shared use (where multiple occupancies of the same units are involved, including two key units) shall be considered single dwelling units for purposes of these regulations, provided that no such units shall be provided with less than 1 1/2 parking spaces.
(6)
All multi-family structures shall be separated by a distance at least
equal to the height of the highest adjoining structure; a minimum
of 40 feet.
(7)
All multi-family structures, improvements and any effluent disposal
areas shall be a minimum of 50 feet from any exterior property lines
and any public road right-of-way.
(8)
Landscaping shall be provided in accord with the requirements hereof.
(9)
Multi-family developments shall be subject to the stormwater management requirements of the Township subdivision regulations [Chapter 22].
(10)
Sidewalks shall be provided from all buildings and/or units to their
respective parking area and shall be of a design approved by the Township
and shall be a minimum of three feet in width improved to a mud-free
condition.
(11)
Exterior storage areas for trash and rubbish shall be screened from
public view on three sides and shall be contained in covered, vermin-proof
containers. Interior storage areas for trash and rubbish shall at
all times be kept in an orderly and sanitary fashion.
E.
Water
and Sewage. All multi-family developments shall be served with community
or central sewage facilities and water supplies. Developers proposing
the use of either community subsurface sewage disposal or treatment
involving a stream discharge shall have first investigated and determined
that land application of effluent is not feasible. Effluent disposal
areas shall be subject to the setback requirements applicable to other
multi-family buildings and structures. Developments using sub-surface
or land application sewage disposal shall identify on the development
plan reserve areas suitable for similar sewage disposal to be used
in the case of the malfunction of the primary system.
F.
Nonresidential
Use. Nonresidential uses shall not be permitted in a multi-family
development. Such ancillary facilities as laundry areas, service buildings
recreational facilities and the like for the use of the residents
of the project shall be permitted. Where a developer proposes to construct
multi-family units on property on which there are existing nonresidential
uses (other than ancillary facilities and open space uses) there shall
be a minimum setback of the multi-family structures from such uses
of 200 feet and the parcels shall be clearly segregated.
G.
Conversions
of Existing Structures. Conversions of existing structures for multi-family
dwelling uses, regardless whether or not such conversions involve
structural alterations, shall be subject to this Section with the
following exceptions:
(1)
The minimum lot area per dwelling unit shall be reduced to 10,000
square feet per bedroom or efficiency apartment, provided no more
than four dwelling units are established per acre of land.
(2)
The Township Planning Commission shall be authorized, with the subsequent
approval of the Board of Supervisors, to waive any procedural standards
contained in this Section insofar as their applicability to existing
structures or the redevelopment of existing uses and shall instead
rely upon the nonconforming use and conditional use standards contained
herein.
H.
Common Property Ownership and Maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township. This shall specifically include, but not be limited to, provisions dealing with the ownership and maintenance of open space, improvements and utilities. Said arrangement shall indemnify the Township of any responsibility associated with same; and shall be prepared in accord with the Township Subdivision and Land Development Ordinance [Chapter 22]. The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law or an attorney’s opinion that said law does not apply to the subject project.
[Ord. 187, 4/18/2008; as amended by Ord. 228, 3/14/2018; and by Ord. 237, 7/28/2020]
1.
Stables,
Private. Private stables are permitted as an accessory use to a single-family
residence in any district subject to the following conditions:
A.
A minimum
parcel of four acres shall be required for the residence and stable.
B.
No more
than two horses shall be kept except that one additional horse may
be kept for each additional one acre of land.
C.
One hundred
square feet of stable building area shall be provided for each horse
kept on the property.
D.
No stable
building or manure storage area shall be located within 100 feet of
any adjoining property line.
E.
All horses
shall be restricted from grazing or intruding upon any adjoining property.
2.
Stables,
Commercial.
A.
A minimum
parcel of 30 acres shall be required for a stable operation.
B.
No more
than one horse shall be kept for each one acre of land.
C.
One hundred
square feet of stable building area shall be provided for each horse
kept on the property.
D.
No stable
building or manure storage area shall be located within 200 feet of
any adjoining property line.
E.
All horses
shall be restricted from grazing or intruding upon any adjoining property.
F.
All streams
and water bodies shall be fenced with a buffer of 75 feet on each
side of the high water mark to prevent grazing in or near the water.
3.
Kennels.
Kennels (including animal day care centers where the animals are boarded
for any length of time on a commercial basis) shall be subject to
conditional use review criteria and the following standards:
A.
A minimum
parcel of three acres shall be required.
B.
No structure
used for the keeping of animals shall be located closer than 125 feet
to any property line or 100 feet to any public or private road.
C.
Parking
shall be provided in accord with the requirements of this Chapter.
D.
A noise
barrier consisting of a solid fence not less than six feet in height
or a dense vegetative planting of not less than six feet in height
shall be provided at a distance not to exceed 15 feet and fully encircling
all kennel areas not enclosed in a building.
E.
All animals
shall be restricted from using kennel areas not fully enclosed in
a building from 8:00 p.m. to 8:00 a.m.
F.
Kennels
shall be supervised by an on-site contact person during the day.
4.
Keeping
of Other Animals. The keeping of other animals, defined as cows, steers,
goats, sheep, swine, llamas and other similar domesticated animals,
including exotic species such as emus and llamas, fowl and fur-bearing
animals, shall be permitted as an accessory use to a single-family
residence in any district in accord with the following criteria except
that the regulations of this subsection shall not apply to the keeping
of horses (see instead the above for applicable standards) or household
pets such as dogs and cats:
A.
Except
as provided herein, a minimum parcel of five acres shall be required
for the keeping of other animals.
B.
The keeping
of any such animal on a parcel of less than 10 acres shall be considered
a conditional use and the Township may require additional setbacks
and/or buffers in accord with the conditional use standards of this
Chapter. Such activities shall only be permitted in R-1 and RC Districts.
C.
The keeping
of any such other animal on a parcel of less than five acres shall
be considered a conditional use and the Township may require additional
setbacks and/or buffers in accord with the conditional use standards
of this Chapter. Such activities shall only be permitted in R-1, R-C
and B-1 Districts.
D.
The keeping of fowl and small fur-bearing animals (such as ferrets, skunks, minks and rabbits) and all referenced in this subsection as “small animals” is allowed under the following applicable standards and on lands less than the minimum five acres noted in Subsection 4A of this Section and without the need for a conditional use permit noted in Subsection 4C of this Section as follows:
(1)
Fowls – a total of 12. No roosters, no guinea hens and no peacocks.
(2)
Small fur-bearing animals – a total of four in any combination.
(3)
Confinement Standards.
(a)
All small animals shall be kept confined in quarters as described
below and no part of which shall be closer than 25 feet from the exterior
footprint of any dwelling or any property line or road or alley.
(b)
The owner or the keeper (or both as the case may be) of small animals
shall confine the animal in an enclosure that is safe and secure and
sufficient to prevent such animal from running at large; and such
enclosure shall be of a size conducive to good sanitation practices,
allows the animal adequate exercise, prevents escape and where sanitary
drainage facilities shall be provided.
(c)
Every owner or keeper of a small animal shall cause the litter and
droppings from such animal to be collected daily in a container or
receptacle of such type that, when closed, shall be vector-proof (including,
but not limited to, mosquitoes and rodents) and fly-proof; and every
such container or receptacle shall be kept closed. At least twice
a week every owner or keeper shall cause all litter and droppings
so collected to be disposed of in a proper, sanitary and nonhazardous
manner and as not to permit the presence of fly larvae.
(d)
Every owner or keeper of small animals shall cause all animal feed
to be stored and kept in a vector-proof and fly-proof building, box,
container or receptacle that is closed at all times.
(e)
Any small animal that is not being kept in a safe, secure, healthy,
sanitary manner may be ordered to be removed from a property by the
Township Zoning Officer and the full costs of such removal and relocation
of said animal to be borne by owner or keeper of said animal(s).
(f)
There will not be any animal husbandry or commercial sales of small
animals, or animal by-products (except chicken eggs), whether wholesale,
retail or otherwise.
(g)
An outside run is permitted if connected to the enclosure described
above and is escape-proof, safe, secure and sanitary.
(h)
If an outside run is provided, it shall be no larger than 10 square
feet.
E.
The keeping
of bees shall be limited to six hives if under one acre of land; otherwise,
the limit is as follows:
F.
The following
number of animals may be kept on additional acreage:
G.
No stable
building, pen, feed lot, corral, manure storage area or other area
where animals are concentrated shall be located less than 200 feet
from any adjoining property line and 150 feet from any public or private
road.
H.
All animals
shall be restricted from grazing or intruding upon any adjoining property.
I.
No swine
shall, in any case or manner, be kept less than 200 feet from any
adjoining property line and 150 feet from any public or private road.
J.
Nothing
herein shall apply to the keeping of household pets indoors or the
keeping of animals for 4-H and similar youth projects on a temporary
noncommercial basis.
[Ord. 187, 4/18/2008]
1.
Definition.
Professional and home occupations include any occupation or business
activity that occurs within structures or on property where the primary
land use is residential, and where the occupation or business is clearly
incidental to such residential use. Such uses may include professional
offices, antique and craft shops, artisan activities, personal service
shops and other non-automotive related businesses.
2.
Permitted
Districts. Professional and home occupations are permitted as conditional
uses within all residential districts, provided they do not detract
from the residential character, appearance, or make-up of the neighborhood
in which the business is located. The following review criteria shall
be used to determine if this standard will be met:
A.
Extent
of the Business. Whether or not the residential use will be the primary
use of the property. Factors that shall be used to determine the primary
use of the property shall include, but not be limited to, the area
of the property used for the business (limited to a maximum of 30%),
the number of nonresident employees (limited to two) and the amount
of time the business will be open to the public on a daily basis (limited
to 10 hours).
B.
Appearance
from an Adjacent Street. Whether or not the use of the property as
a business is distinguishable from an adjacent street. Except for
a non-illuminated, permanent identification sign no larger than two
square feet in size attached to the principle structure, there shall
be nothing that occurs on the property that can be observed from adjacent
streets that make it readily apparent that a business is being operated
on the premises. Factors for evaluating this standard shall be that
the residential dwelling not be altered to change its residential
appearance. No activity related to the conduct of the home occupation
shall be permitted to occur in such a manner as to be obtrusive to
the neighborhood, attract undue attention to the business or adversely
impact the residential character of the neighborhood.
C.
Impact
on the Neighborhood. Whether or not the business activity will cause
a nuisance to surrounding property owners; adversely impact the peace,
health, or safety of neighborhood residents; and/or create a deviation
from the residential character of the neighborhood. Factors for evaluating
this standard shall be:
(1)
Traffic. Whether or not the business will generate traffic that is
excessive and/or detrimental to the neighborhood. A business will
be allowed to generate a maximum of 24 vehicle trips per average weekday,
Saturday and Sunday. However, based on the characteristics of a specific
neighborhood, these amounts may be lowered or raised. The factors
to be used for such a determination shall include, but are not limited
to, pertinent characteristics of the neighborhood such as width of
properties, width of the streets, hills, curves, the number of children
present and existing traffic levels on the adjacent street.
(2)
Parking. Whether or not parking problems could result from the business
use. Factors which shall be used to evaluate this criteria include,
but are not limited to, the following:
(a)
Parking shall be provided on the property, or along the frontage
of the property on the street.
(b)
Parking on the property shall be on a gravel or other improved surface
of adequate capacity to accommodate the total number of visitors expected
at any one time.
(c)
Parking on the street shall be limited to accommodation of special
gatherings, or for the drop-off or pick-up of customers or products
for periods not to exceed 15 minutes in duration.
(3)
Nuisance. Whether or not the business activity would cause a nuisance
to surrounding property owners. Existing property maintenance codes,
fire codes, building codes, environmental and safety codes and other
related local lawn shall be the primary basis for evaluating the potential
for creating such a nuisance.
3.
Minimal
Impact Home Occupations. Minimal impact home occupations which are
clearly secondary to use as a residential dwelling and which involve
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use shall be
processed as accessory uses hereunder provided they meet the above
standards. Minimal impact shall mean:
A.
The business
activity shall be compatible with the residential use of the property
and surrounding residential uses.
B.
The business
shall employ no employees other than family members residing in the
dwelling.
C.
There
shall be no display or sale of retail goods and no stockpiling or
inventory of a substantial nature.
D.
There
shall be no outside appearance of a business use including, but not
limited to, parking, signs or lights.
E.
The business
activity may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical or electronic interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
F.
The business
activity may not generate any solid waste or sewage discharge, in
volume or type, which is not normally associated with residential
use in the neighborhood.
G.
The business
activity shall be conducted only within the dwelling and may not occupy
more than 25% of the habitable floor area.
H.
The business
may not involve any illegal activity.
4.
Changes
and Expansions. No home occupation, having once been permitted or
established, shall be added to, expanded, enlarged or otherwise increased
or changed substantially in character without complying with this
law and such permission or establishment shall not be a basis for
a later application to establish a principal commercial use. Moreover,
the conversion of a residence with a home occupation to a commercial
use by the abandonment of the residence or the sale, rent or transfer
of the business to a party which who does not reside on-site is strictly
prohibited unless the business is then moved off-site to a permitted
location.
[Ord. 187, 4/18/2008; as amended by Ord. 237, 7/28/2020]
1.
Purpose.
A.
These
planned unit development (PUD) standards, are intended for commercial
uses of limited scope that offer commercial and service opportunities
for the local community. They are further intended to provide flexibility
in the design of limited scale commercial developments, in accordance
with standards herein.
B.
These
PUD standards shall not apply to regional, area-wide or large-scale
commercial buildings or developments or permit large scale commercial
centers that depend for their success upon patronage by a large shopping
population drawn from a region or other area greater than the local
community. Accordingly, PUD’s shall not include large department
stores, warehouse clubs or warehouse stores; large discount stores,
malls, strip malls, shopping centers; superstores or other similar
large scale commercial buildings.
C.
These
PUD standards are intended to authorize commercial uses that serve
primarily the Township and the nearby and surrounding areas. They
are intended to apply to smaller scale stores and other smaller scale
commercial buildings of limited scope and impact that do not depend
for their success upon patronage by large shopping populations drawn
from a region or other substantial areas beyond the local community.
D.
The PUD
standards permit a variety of commercial uses, in order to provide
a reasonable variety of shopping and other commercial and service
opportunities for nearby residents, workers and visitors, and to a
lesser extent, passing traffic. PUD uses shall not include those uses
that are intended to attract customers from a larger area who would
not otherwise travel to the district. PUD districts are expected to
be developed under a single unified site plan so as to insure that
all permitted uses are compatible in both function and design and
that safe and efficient traffic flow is achieved.
2.
Permitted
Districts. PUD developments are permitted as conditional uses within
ED and R-2 Districts, provided they do not detract from the character,
appearance, or make-up of the neighborhood in which the business is
located. The following review criteria shall be used to determine
if this standard will be met:
A.
Whether
or not the PUD landscaping is of a sufficient amount and quality to
property buffer the commercial activities from adjacent residential
areas and districts.
B.
Whether
or not the scale of the buildings and other improvements is consistent
with other buildings and improvements in the area and preserves the
essential rural character of the area as viewed from the highway.
C.
Whether
or not signage and other improvements provide essential information
and services without unnecessarily disrupting the natural landscape.
D.
Whether
or not the design of the development will aid in reducing recurring
entrances onto the highway by offering multiple services at one site
using a single entrance.
3.
Uses Permitted.
Land in the PUD may be used for any principal permitted, conditional
or accessory uses permitted in the ED Economic Development District
meeting the standards contained herein but excluding the following
uses:
A.
Large
department stores (exceeding 15,000 square feet of gross floor area).
B.
Large
discount stores (exceeding 15,000 square feet of gross floor area).
C.
Open
air businesses.
D.
Movie
theaters.
E.
Retail
building supply stores.
F.
Warehouse
type stores and buying dubs.
G.
Automobile
service and gas stations.
H.
Restaurants
with drive-in or drive-through facilities.
I.
Vehicle
wash establishments.
J.
Motor
vehicle sales.
K.
Manufactured
homes sales or service.
L.
Recreational
vehicle sales or service.
4.
Site Development
Standards and Conditions. Development plans for a PUD shall at a minimum
comply with the standards and conditions provided in this Section
as well as the review criteria and standards applicable to all conditional
uses under this Chapter. Other lot development standards within a
given zoning district, excepting as to building height, shall not
apply.
A.
Building
Size, Placement and Appearance. Individual commercial buildings and
attached commercial buildings shall be of a size and scale reflective
of neighborhood commercial developments.
(1)
A free-standing building containing no more than one commercial establishment
shall not exceed 15,000 square feet of gross floor area.
(2)
A building that contains two or more commercial establishments shall
not exceed 25,000 square feet of gross floor area. Such building shall
have a roof line common to the commercial establishments.
(3)
The maximum amount of gross floor area for all buildings approved
for a PUD shall not exceed 100,000 square feet.
(4)
The building coverage ratio shall not exceed 40%. The Planning Commission,
however, may recommend and the Township Board of Supervisors may approve
a building coverage ratio of up to 50% in the case of lots of less
than 200,000 square feet in area. In determining whether or not to
allow this increase the Planning Commission and Township Board of
Supervisors shall each find, based upon the facts presented by the
applicant, that the following criteria have been met:
(a)
The increased size of the project will not create traffic hazards
on site or on adjacent publicly used roadways.
(b)
The additional building area allowed will not result in buildings
that are out of scale with the size of the parcel.
(c)
The additional building area allowed will not result in building
size or design that is incompatible with the character of nearby land
uses.
(d)
The additional building area is necessary to achieve a development
size and mix of land uses for long-term viability of the PUD.
(e)
The increase in building area allowed will still achieve the intended
purpose of these provisions.
(5)
A proposed commercial use shall not be of a size that would attract
substantial numbers of users who would otherwise not utilize adjacent
streets to reach the development. So as to determine compliance with
this standard, the Planning Commission, in reviewing the size of a
proposed commercial use, may require a market study to demonstrate
the area which a proposed commercial use is designed to serve.
(6)
Buildings and structures shall have a unified, attractive, architectural
theme reflective of the character of nearby buildings in the Township.
Buildings shall be designed to avoid massive walls or facades, flat
roofs and box like building appearance which would be out of character
and scale with existing nearby buildings which are located within
the Township. Buildings with residential or varied roof lines shall
be encouraged.
(7)
Buildings shall be located so they do not detract from or predominate
the existing view along Township roadways. When a PUD area abuts land
zoned for residential use, building setbacks should be such that the
privacy and quiet of nearby residents is not adversely affected.
B.
Area
and Yard Requirements. Lots developed as PUD’s shall be at least
five acres in size. This requirement may be reduced by the Board of
Supervisors if, in its discretion, it is determined that the PUD can
be developed on a smaller parcel in accordance with the intent and
standards of these provisions.
C.
Building
Setbacks. Setbacks from lot lines, including the fight of way lines
for public and private roads abutting the site or serving the interior
of the site, shall be determined for the PUD by the Planning Commission
and Township Board of Supervisors, based on the application of site
planning criteria to achieve integration of the development with the
characteristics of the site area. In making these determinations,
the criteria considered shall include the following:
(1)
Number, type and size of buildings in relation to the lot size.
(2)
Proximity to adjacent existing and future land uses.
(3)
Preservation of existing vegetation or other natural features on
site.
(4)
Topography of the site.
(5)
Ability to provide electricity, water, sanitary sewer, storm sewer
and other utilities.
(6)
Overall design of the development relatives to its capability with
nearby existing or proposed land uses.
(7)
Ability to provide for drainage and utility easements as well as
access for emergency purposes.
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The front yard, side yards, and rear yard shall be kept clear
and unobstructed and shall not be used for the storage or disposal
of any materials, except in approved locations within the PUD, but
shall be screened or landscaped or used for off-street parking and
for loading and unloading in accordance with the purposes of the PUD.
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D.
Landscaping.
(1)
A landscaping plan shall be submitted along with the PUD site plan
as required herein for other conditional uses. The landscape plan
shall illustrate the type, size, location and number of plantings
proposed along with any existing on-site vegetation that is to be
retained. Existing mature trees shall not be removed except as may
be necessary to accommodate those improvements that are of the Township
approved site plan. Significant existing vegetation that is proposed
to be removed shall be illustrated on the site plan and no removal
shall take place in advance of such approval.
(2)
A minimum twenty-five-foot wide landscaped strip shall be provided
along that portion of the property that abuts a public street or parcel
zoned for residential use and at the discretion of the Planing Commission
and Board of Supervisors, this buffer may be required to be increased
to achieve the intended purposes. Earthen berms may also be required
to improve the screening capabilities of the landscaped area.
(3)
Landscaping shall be provided adjacent to all buildings in order
to reduce the visual impact of larger buildings, provide shade, and
improve building appearances.
E.
Parking
and Circulation. The control of traffic is an important consideration
in the development of a PUD and a traffic impact study may be required
to be submitted with the preliminary site plan. The study if required
shall provide data and findings for on-site and off site traffic control
measures, information on the amount of traffic generated by proposed
uses, the impact of traffic on adjacent and nearby street, and other
traffic information as required by the Planning Commission. Other
parking and traffic standards contained herein shall also be met.
F.
Lighting.
(1)
Any lighting for exterior environments should be arranged to minimize
uncontrolled light, glare, over lighting, light trespass and sky glow.
(2)
Lighting fixtures within 150 feet of any residential area shall not
exceed 20 feet in height. All other fixtures shall not exceed 35 feet
in height.
(3)
Blinking, flashing, lights which change intensity and beacon lights
are not permitted.
(4)
Interior building lights shall be arranged and designed so as not
to be a distraction or a visual nuisance to passing motorists or nearby
residents or property owners.
5.
Signs.
PUD signs shall be in accordance with a master signage plan to be
submitted with the preliminary site plan. Drawings illustrating sign
design, size, location and lighting shall be submitted and processed
as part of the conditional use application.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; by Ord. 192, 11/20/2008; by Ord.
206, 4/10/2012; by Ord. 221, 7/14/2015; by Ord. 226, 7/12/2016; by Ord. 237, 7/28/2020; by Ord. 238, 9/9/2020; and by Ord. 243, 5/11/2022]
1.
Resorts.
Resorts, where permitted, shall be subject to the following standards:
A.
The minimum
lot area for a resort shall be 10 acres. The resort lot shall not
be subdivided. Any subdivision of a resort lot that would create a
lot less than 10 acres shall cause that lot to lose its resort status.
B.
No building,
activity area or recreation facility shall be erected within 50 feet
of a road line or within 100 feet of a lot line.
C.
No “campground”
or “trailer camp” shall be permitted in a resort.
D.
Points
of vehicular ingress and egress shall be designed to minimize congestion
and hazards at entrance or exit points and allow free movement of
traffic on adjacent roads. Adequate off-street parking shall be provided
and parking areas shall be at least 100 feet from all lot lines.
E.
There
shall be no more than one guest room for every 10,000 square feet
of lot area in a resort.
F.
All principal
and accessory buildings and structures shall cover a total of not
more than 25% of the lot.
G.
The use
of essential exterior light facilities and/or outdoor public address
systems shall be subject to approval by the Township Supervisors.
2.
Schools,
Colleges and Other Educational Institutions. Schools, colleges and
other educational institutions, where permitted, shall be subject
to the following standards:
A.
No building
or part thereof shall be erected nearer than 50 feet to any road or
lot line.
B.
The sum
of all areas covered by all principal and accessory buildings shall
not exceed 20% of the area of the lot.
C.
Any such
school shall occupy a lot with an area of not less than five acres
plus one acre for each 100 pupils for which the building is designed.
3.
Assisted
Living Facilities, Medical Residential Campuses, Continuing Care Facilities,
Nursing Home Facilities, and Senior Housing. Assisted living facilities,
medical residential campuses, continuing care facilities, nursing
home facilities and senior housing, where permitted shall be subject
to the following standards:
A.
The minimum
lot area shall be 10 acres, unless located within the ED Economic
Development District in which case the minimum lot area shall be five
acres.
B.
The facility
shall be connected to a central sewer collection system.
C.
Residences
shall be functionally, physically and architecturally integrated with
residential and recreational activity centers.
D.
The site
shall front on and have access to a collector or arterial road.
E.
No building,
activity or recreation facility shall be erected within 50 feet of
a road line or within 100 feet of a lot line.
F.
No more
than 60% of the subject property shall be covered with buildings,
parking and loading areas and/or other impervious surfaces.
G.
The entire
lot, except for areas covered by buildings, parking or loading area,
shall be suitably landscaped and properly maintained.
H.
A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.
J.
Facilities
shall be of fire resistant construction.
K.
The building
shall conform to the Township or UCC Fire Code requirements, whichever
are more restrictive.
L.
Points
of vehicular ingress and egress shall be designed to minimize congestion
and hazards at entrance or exit points and allow free movement of
traffic on adjacent roads.
M.
Adequate
off-street parking shall be provided for residents, employees and
visitors as provided on the parking schedule found in Part 4.
N.
A method
of providing security for the well being of the residents and surrounding
neighborhood shall be addressed.
O.
The applicant
shall furnish a description of the effect of the proposed use on the
delivery of ambulance service. The description shall include a letter
from the agencies responsible for ambulance service in the site’s
vicinity. Such letter shall describe the adequacy/inadequacy of existing
facilities and services to accommodate the proposed use and any suggestions
that might enhance ambulance service. Should it be determined that
the proposed use would overburden local ambulance service, the Township
may attach conditions of approval that seek to assure adequate levels
of service.
P.
No commercial
activity shall be permitted within any facility or on the premises
except for personal services and miscellaneous retail sales of products
(e.g., soda, candy, newspapers, health products) intended only for
the use of residents, family visitors and employees. Where facilities
are offered in a continuing care facility setting, uses may include
medical facilities and commercial uses that are strictly related and
subordinate to the residential/medical character of the campus and
that directly serve the residents and employees of or visitors to
the center. The uses should be chosen to reflect their local orientation
to the immediate campus vicinity and should be of a size and scope
so as to not to interfere with existing or proposed retail uses located
in the off-campus area. Recreational and social uses, such as athletic
facilities, community centers and assembly halls limited to use only
by campus residents, employees or their guests may also be permitted.
3.1.
Senior Housing. Senior housing is limited to residential developments
designed and operated for adults age 55 and over. Where permitted,
senior housing shall be subject to the following standards:
A.
Applications
for senior housing development shall be accompanied by a proposed
set of regulations including definitions of age and income limitations
and admissions procedures.
B.
Senior
housing shall be designed to serve persons aged 55 and over and persons
with disabilities as defined by the Social Security Act.
C.
The
maximum permitted overall density of residents (persons residing on
the premises) shall not exceed 10 persons per acre.
D.
Senior
housing within the ED Economic Development District shall be permitted
only as a part of the development of a continuing care facility or
a retirement housing community.
3.2.
Nursing Home or Skilled Nursing Facility. A nursing facility
licensed by the Pennsylvania Department of Health which is set up
to provide long-term health care primarily to senior residents with
chronic diseases or disabilities. This use does not include assisted
living facilities, but may be part of a continuing care facility.
Nursing homes shall meet the following requirements:
A.
The
maximum density shall be 20 beds per acre of net buildable site area.
For the purposes of this use, a bed shall be used as the indicator
of the capacity of the facilities, so that the maximum capacity of
the facility shall not exceed 20 beds per acre of the adjusted tract
acreage.
B.
A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.
C.
A minimum
of 40% of the tract shall be devoted to open space, which shall be
area which is not used for building, parking, paving, loading areas,
detention basins, accessory buildings, rights-of-way, etc., but the
open space may include minimum yard requirements. All open space shall
be landscaped, or, if wooded, may be left in its natural state.
D.
For
the purposes of this use, the open space must be contained within
the lot which will ultimately include the nursing home. The use of
required open space area for recreation facilities for nursing home
residents is encouraged.
3.3.
Assisted Living Facility or Medical Residential Campus. A facility
in which food, shelter, personal assistance, health care and supervision
are provided for a period exceeding 24 consecutive hours for more
than three adults who are not relatives of the operator and who require
assistance or supervision in matters such as dressing, bathing, diet
or medication prescribed for self-administration, but do not require
hospitalization or care in a nursing home or skilled nursing facility.
An assisted living facility or medical residential campus shall comply
with the following requirements:
A.
The
facility shall meet the standards and requirements for licensing of
personal care boarding homes as established by the Pennsylvania Department
of Public Welfare and shall be licensed by the Commonwealth of Pennsylvania.
Residents of assisted living facilities shall be 55 years of age or
older, but in the case of married couples wishing to be admitted together,
at least one of the individuals must be 55 years of age or older.
B.
The
maximum density shall be 20 beds per acre of net buildable site area.
For the purposes of this use, a bed shall be used as the indicator
of the capacity of the facilities, so that the maximum capacity of
the facility shall not exceed 20 beds per acre of net buildable site
area.
C.
A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.
D.
A minimum
of 40% of the tract shall be devoted to open space, which shall be
area which is not used for building, parking, paving, loading areas,
detention basins, accessory buildings, rights-of-way, etc., but the
open space may include minimum yard requirements. All open space shall
be landscaped, or, if wooded, may be left in its natural state.
E.
For
the purposes of this use, the open space must be contained within
the lot which will ultimately include the facility. The use of required
open space area for recreation facilities for facility residents is
encouraged.
3.4.
Alzheimer’s Residential Care Facility. Alzheimer’s
Residential Care Facility where permitted shall meet the following
requirements:
A.
The
minimum lot area shall be four acres.
B.
The
facility shall be connected to a central water system and central
sewer collection system.
C.
Residential
facilities shall be functional to meet the needs of Alzheimer’s
patients and shall be physically and architecturally integrated with
common space and recreational facilities designed to meet the requirements
of Alzheimer’s patients.
D.
The
site shall front on or have access to a collector or arterial road.
E.
The
maximum density shall be 15 beds per acre of lot area. For the purposes
of this use, a bed shall be used as the indicator of the capacity
of overnight residents for the facilities, so that the maximum capacity
of overnight residents for the facilities shall not exceed 15 beds
per acre of lot area.
F.
A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided as follows: a fifteen-foot buffer along the front lot line; a twenty-five-foot buffer along any side lot line or rear lot line abutting a property devoted to residential use; and no buffer area where the side lot line or rear lot line abuts a property zoned for commercial use.
H.
The
building shall conform to the Township or UCC Fire Code requirements,
whichever are more restrictive.
I.
Points
of vehicular ingress and egress shall be designed to minimize congestion
and hazards at entrance or exit points and allow free movement of
traffic on adjacent roads.
J.
Adequate off-street parking shall be provided for residents, employees and visitors as provided on the parking schedule found in Part 4, applying the parking requirements set forth at Schedule II, Subsection 8, Medical and Related Facilities - Nursing Homes and Group Homes; provided a lesser number of parking spaces may be required if demonstrated appropriate.
K.
A method
of providing security for the well being of the residents and surrounding
neighborhood shall be addressed so as to prevent injury to the residents
or to others, and to prevent the residents from leaving the premises
without supervision.
L.
The
applicant shall furnish confirmation in writing that the agencies
responsible for providing ambulance service to the facility are able
and willing to provide such service.
M.
No
commercial activity shall be permitted within any facility or on the
premises except for personal services and miscellaneous retail sales
of products (e.g., soda, candy, newspapers, health products) intended
only for the use of residents, family visitors and employees.
N.
Comply
with all State licensing requirements and Federal and State regulations
pertaining to this use.
3.5.
Retirement Housing Community. A retirement housing community,
where permitted, shall meet the following requirements:
A.
A retirement
housing community shall be designed to serve persons aged 55 and over.
In the case where a unit is shared at least one person residing in
the unit must be 55 years of age or older.
B.
A retirement
housing community shall consist of at least two of the following uses:
senior housing, nursing home or skilled nursing facility, assisted
living facility, and/or customary accessory uses.
C.
The
minimum lot area for such use shall be five acres.
D.
All
permitted uses as part of the retirement housing community shall be
connected to a central water system and central sewer collection system.
E.
The
site shall front on or have access to a collector or arterial road.
3.6.
Residential drug, alcohol and/or substance abuse treatment facility
where permitted shall be subject to the following standards:
4.
Day Care
Facilities. The provisions of this Section shall apply to child or
adult day care facilities providing service for all or part of a twenty-four-hour
day for children under 16 years of age, or for persons who are otherwise
disabled. Day care facilities shall include both homes and commercial
facilities as defined by this Chapter, many of which are subject to
portions of the Pennsylvania Department of Public Welfare (DPW) Social
Services Manual regulations, as may be amended from time to time.
If the day care facility will be subject to DPW requirements, evidence
of the ability to comply with said requirements must be presented
as a part of the conditional use application. This Section does not
apply to babysitting (as defined by this Chapter) or child day care
service furnished in places of worship during religious services.
Day care facilities, where permitted, shall be subject to the following
standards:
A.
General
Provisions. The following general provisions apply to all child or
adult day care facilities:
(1)
Applications for day care facilities, where permitted, shall include
copies of any required Federal and/or State licenses or permits or
certificates indicating such licenses or permits have been granted.
(2)
Failure to maintain such licenses and permits shall render Township
authorization to use the property for these purposes null and void.
(3)
All child day care facilities shall present to the Township a copy
of their required State license upon request of the Zoning officer
as well as demonstrate compliance with any other applicable State
or local building and fire safety codes.
(4)
The owner of a day care facility will allow appropriate representatives
of the municipality to enter the property to inspect such use for
compliance with the requirements of this Chapter.
(5)
No portion of a day care facility shall be located within a 300-foot
distance from any potentially hazardous land use or activity which
could pose a threat to the safety of the children or adults, staff,
or other occupants of the facility.
(6)
Hours of outside play shall be limited to the hours of 8:00 a.m.
until sunset, as defined by the National Weather Service.
(7)
An outdoor play area, as required by DPW regulations, shall be provided
for child day care facilities and shall not be located in the front
yard.
(8)
Adequate off-street parking and drop-off areas shall be provided.
(9)
Fencing shall be provided to restrict children and adults from hazardous
areas, such as open drainage ditches, well, holes, and arterial and
major collector roads. Natural or physical barriers may be used in
place of fencing so long as such barriers functionally restrict children
and adults from these areas.
(10)
The expansion of a home day care facility within a residential district
to a commercial facility on that same property shall not be permitted.
(11)
Child and adult day care facilities shall not provide medical or
personal care services which extend beyond assistance with dressing,
bathing, diet, and medication prescribed for self administration unless
licensed to provide such services.
(12)
When applying for a conditional use, the applicant shall submit a
plan showing any existing or proposed outdoor play areas, outdoor
play equipment, fencing, access drives, adjacent streets, adjacent
hazardous land uses, on-site hazardous areas (as previously defined),
merchandise delivery areas, parking spaces, and the child or adult
drop-off circulation pattern.
(13)
Day care facilities shall give written notice to local police and
fire departments as to the scope of their operation, including number
of customers, location of sleeping areas and hours of operation.
B.
Day Care (Home Care) Facilities. In addition to the provisions of § 27-511, Subsection 4A, home care day care facilities shall comply with the following:
(1)
If care is provided to more than three children at any one time,
the facility must have an approved and currently valid DPW registration
certificate. Proof of DPW registration renewal must be supplied to
the Township every year.
(2)
Any external evidence of such use shall be limited to one non-illuminated sign subject to § 27-504 (sign regulations).
(3)
Day care homes shall only be permitted in single-family detached
dwellings and shall not be permitted in accessory buildings.
(4)
The person primarily responsible for the day care home shall be a
full-time resident of that dwelling.
(5)
No more than one person not in residence in the dwelling shall be
employed in a day care home.
(6)
A fence with a minimum height of four feet shall physically contain
the children or adults within the outdoor play area. Natural or physical
barriers may be used in place of fencing so long as such barriers
functionally contain the children or adults.
C.
Day Care (Commercial) Facilities. In addition to the provisions of § 27-511, Subsection 4A, commercial day care centers shall comply with the following:
(1)
The facility must have an approved and currently valid DPW license.
Proof of DPW annual license renewal must be supplied to the Township
every year.
(2)
A fence with a minimum height of four feet shall physically contain
the children or adults within the outdoor play area. Natural or physical
barriers may be used in place of fencing so long as such barriers
functionally contain the children or adults.
(3)
If the facility has access to streets of different classifications,
access shall be provided using the street of lesser functional classification.
(4)
Play equipment shall be located at least 10 feet from an abutting
property line.
(5)
The facility shall be served by public water and sewer.
(6)
All pedestrian pathways shall be adequately lit for safety if utilized
during non-daylight hours. Specific areas for lighting are entranceways,
pedestrian access to the outdoor play areas, sidewalks, drop-off areas,
merchandise delivery areas, and all parking lots. Such lighting shall
not produce glare on adjacent properties.
(7)
Day care centers may be permitted as an accessory use to places of
worship, schools, recreation centers, work places, and similar uses
by conditional use. Accessory day care centers must comply with all
other requirements for day care centers. In addition, evidence must
be submitted to document that adequate indoor space, outdoor play
space, and safe vehicular access are provided.
5.
Bed and
Breakfast Facilities. Bed and breakfast facilities, where permitted,
shall be subject to the following standards:
A.
All principal
and accessory buildings and structures shall be in accordance with
the yard setback, building height and lot coverage requirements of
the Schedule of District Regulations with the exception of existing
nonconforming structures.
B.
Bed and
breakfast facilities shall be limited to six guest rooms or bedrooms
per structure.
C.
Off-street parking shall be provided in accordance with § 27-401 with a base of six-inch crushed stone or shale and a hard homogeneous all weather surface.
D.
Exterior
lighting shall be directed away from all adjacent properties and roads
and shall not create glare.
E.
Potable
water supplies and adequate sanitary facilities shall be provided
in accordance with any regulations and requirements of the Township
and/or State agencies.
6.
Residential
Conversions. Conversion of an existing residential dwelling from a
one family dwelling to a dwelling that will accommodate not more than
two dwelling units, where permitted, shall be subject to the following
standards:
A.
Such
building shall provide at least 1,000 square feet of floor area for
the first dwelling unit, plus at least 600 square feet of floor area
for the additional dwelling unit created.
B.
The lot
on which such building is located shall be at least 75% greater than
the required minimum lot area for a one family dwelling.
C.
Two off-street
parking spaces shall be provided per dwelling unit on said lot.
7.
Hotels,
Motels and Inns. Hotels, motels and inns, where permitted, shall be
subject to the following standards:
A.
There
shall be no more than one guest room for every 10,000 square feet
of lot area. However, in the ED District, one guest room shall be
allowed for every 1,000 square feet of lot area.
B.
All principal
and accessory buildings and structures shall cover a total of not
more than 25% of the lot.
C.
The use
of essential exterior light facilities and/or outdoor public address
systems shall be subject to approval by the Township Supervisors.
D.
The minimum
lot area shall be five acres (10 acres in the case of inns), and the
lot shall be not less than 300 feet deep with at least 300 feet fronting
on a road right-of-way.
E.
No building,
activity area or recreation facility shall be erected within 50 feet
of a road or lot line.
F.
Points
of vehicular ingress and egress should be designed to minimize congestion
and hazards at entrance or exit points and allow free movement of
traffic on adjacent roads. Adequate off-street parking shall be at
least 25 feet from all lot lines.
8.
Automotive
Services. Automotive services such as service stations, repair garages,
and automotive supplies, excluding automotive and other vehicular
sales, where permitted, shall be subject to the following standards:
A.
The minimum
lot size for such service stations shall be 40,000 square feet, and
the minimum road frontage shall be 150 feet.
B.
Entrance
and exit driveways shall have an unrestricted width of not less than
12 feet nor more than 30 feet, shall be located not nearer than 30
feet from any property line and shall be so laid out as to avoid the
necessity of any vehicle leaving the property to back out across any
road right-of-way or portion thereof.
C.
Vehicle
lifts or pits and all automotive parts or supplies shall be located
within completely enclosed buildings.
D.
All service
or repair of motor vehicles, other than such minor servicing as change
of tires or sale of gasoline or oil, shall be conducted in complete
enclosed buildings.
E.
The storage
of gasoline or flammable oils in bulk shall be located fully underground
and not nearer than 50 feet from any lot line other than the road
line.
F.
No gasoline
pumps shall be located nearer than 25 feet to any road line.
G.
No zoning
permit shall be issued for a motor vehicle service station within
a distance of 200 feet of any school, church, hospital or place of
public assembly designed for the simultaneous use and occupancy by
more than 100 persons; the said distance to be measured in a straight
line between the nearest points of each of the lots or buildings regardless
of the district where either lot is located.
9.
Assembling
and Finishing Operations with Retail. Assembling, converting, altering,
finishing, cleaning or any other processing of products that is clearly
incidental to a retail or service business, where permitted, shall
be subject to the following standards:
10.
Commercial
Parking Areas. Commercial parking areas, where permitted, shall be
subject to the following standards:
B.
Parking
areas shall have adequate and well designed access point. No entrance
or exit to the parking area shall he located within 50 feet of any
road intersection. Access points connected to a state highway will
require highway occupancy permits from the Pennsylvania Department
of Transportation.
C.
Parking
spaces shall be arranged and marked for orderly and safe movement
of vehicles.
D.
Parking
areas shall be property graded and drained to dispose of all surface
water without increasing flow to adjacent properties. A soil erosion
and sedimentation plan approved by the Monroe County Conservation
District shall be required.
E.
Parking
areas designed for use between sunset and sunrise shall be illuminated
with an average of not less than 1 1/2-foot candles on the pavement.
Adequate shielding shall be provided to protect adjacent properties
from glare of such illumination or cause illumination in excess of
1/2 foot candle, either directly or indirectly beyond the property
lines of the parking area.
F.
Wherever
a parking area over five spaces is located across the road from or
within 50 feet of lands in a residential district the parking area
shall be screened from view of such land, except for access aisles,
by a wall, fence or hedge approved by the Supervisors.
G.
Owner/operator
shall take adequate measures to prevent the accumulation of refuse
or trash upon the lot.
H.
The
parking of any vehicle, other than passenger vans or buses, over 18
feet in length or eight feet in width is prohibited.
11.
Construction
Field Sites. Construction field sites for projects taking place in
the area shall be subject to the following standards:
A.
The
use shall be a temporary one not to exceed one year in duration without
an extension granted by the Board of Supervisors.
B.
Access
to the property shall require Township or PennDOT approval if accessed
from a Township or State road.
C.
Signs
shall comply with the provisions for temporary signs contained herein.
D.
Such
construction field sites shall be limited to ED and M-1 Districts.
12.
Automotive
and Vehicular Sales. Automotive and vehicular sales and/or rentals
including new and used cars, mobile homes, trailers, campers, boats,
construction or farm equipment, where permitted, shall be subject
to the following standards:
A.
No highly
inflammable or explosive liquids, solids, or gases shall be stored
in bulk above ground. Tanks or drums of fuel directly connected with
heating devices or appliances located on the same premises as the
tanks or drums of fuel are excluded from this subsection.
B.
All
facilities shall be enclosed by a fence or wall adequate to conceal
such facilities and the contents thereof from adjacent residential
property to the rear or side. Such walls and fences shall be distant
not less than 20 feet from all other property lines which abut a residential
district or existing residential development, but in any other case
shall be distant not less than 10 feet from any property line and
shall be distant not less than 25 feet from any public street.
13.
Commercial
Indoor Recreation and Entertainment Facilities. Commercial indoor
recreation and entertainment facilities, such as eating places, bowling
alleys, indoor skating rinks, indoor swimming pools, night clubs,
social halls and other similar facilities, where permitted, shall
be subject to the following standards:
14.
[Reserved.]
15.
Public
Transportation Facilities. Railroad, bus and other public transportation
passenger terminals and facilities, where permitted, shall be subject
to the following standards:
16.
Adult
Businesses Entertainment and Gambling Establishments. Adult businesses,
entertainment and gambling establishments, where permitted, shall
be subject to the following standards:
A.
No adult
business or entertainment or gambling establishment shall be located
within 1,000 feet from any residential zoning district boundary line,
park boundary line or from the building exterior perimeter of any
church or other place of worship, school, day care center or other
premises licensed by the Commonwealth of Pennsylvania to sell alcoholic
beverages.
B.
All
adult businesses or establishments and all gambling establishments
shall comply with all laws, rules and regulations of the United States
of America, the Commonwealth of Pennsylvania and their respective
agencies and instrumentalities and of this Township, pertaining thereto.
17.
Telecommunications
Facilities. Telecommunications facilities, where permitted, shall
be subject to the following standards:
A.
A site
development plan for a licensed telecommunication signal facility
which includes a structure requiring a foundation shall include a
(engineer certified) foundation plan. The plan shall be reviewed by
the Planning Commission for their recommendation to the Zoning Officer.
B.
The
tower height shall not exceed 75 feet.
C.
Tower
height shall not exceed 75 feet, except towers of 76 feet to 100 feet
shall be permitted provided the applicant demonstrates through accepted
engineering practices that the antenna is the minimum height required
to provide an acceptable signal.
D.
Towers
exceeding 100 feet shall not be permitted.
E.
The
telecommunications company shall be licensed by the Federal Communications
Commission and submit a copy of the license as part of the permit
application.
F.
The
telecommunications company is required to demonstrate, using technological
evidence, that the antenna must go where it is proposed in order to
satisfy its function in the company’s grid system.
G.
Towers
and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a color so as to
reduce visual obtrusiveness.
(2)
At a tower or antenna site, the design of the buildings and related
structures shall, to the maximum extent possible, use materials, colors,
textures, screening and landscaping that will blend them into the
natural setting and surrounding buildings. To the maximum extent possible
all towers and antennas shall be a stealth design.
(3)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be,
to the maximum extent possible, of stealth design.
(5)
Towers shall be of a design to collapse within the property lines
of the property on which the tower is located.
H.
The
owner/operator of the tower is strongly encouraged to allow co-location
until said tower has reached full antenna capacity, with not fewer
than two additional antennas for two additional providers and to provide
space for municipal or emergency communication purposes.
I.
Each
applicant for an antenna and/or tower shall provide to the Zoning
Officer an inventory of existing towers, antennas or sites approved
for towers or antennas that are within the jurisdiction of the Township
or within one mile of the border thereof, including specific information
about the locations, height and design of each tower.
J.
Tower
and antennas shall be designed to withstand winds of at least 90 miles
per hour with 1/2 inch of icing.
K.
No advertising
shall be permitted on the tower or building. Except as required by
law, an antenna or a tower shall not be illuminated and lighting fixtures
or signs shall not be attached to the antenna or tower. Lighting for
security purposes shall be permitted at the telecommunication facility
with prior approval of the Zoning Officer.
L.
A description
of the suitability of the use of existing towers, other structures
or technology not requiring the use of the proposed new tower.
M.
If another
tower is technically suitable, the applicant must show that it has
requested to co-locate and that the request was rejected by the owner
of the tower.
N.
A description
of the feasible locations(s) of future towers or antennas within the
Township based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower or antenna
is erected.
O.
The
owner or operator shall be required as a condition of issuance of
a permit to post a cash or surety bond acceptable to the Township
Solicitor of not less than $100 per vertical foot from natural grade
of the telecommunications tower, which bond shall insure that an abandoned,
obsolete or destroyed telecommunications antenna or tower shall be
removed within six months of cessation of use and abandonment. Any
co-locator shall be required to additionally execute such bond, as
principal, to insure that the bond will be in place during the period
of time that the co-locator occupies the tower. Failure of the owner
or operator to remove an abandoned, obsolete or destroyed telecommunication
antenna and/or tower after notification from the Township to remove
same will cause the Township to have the antenna and/or tower removed
using monies posted as a bond.
Q.
Access
road to tower shall be over a defined right-of-way. Surface of access
road shall be constructed of a pervious surface acceptable to the
Supervisors.
R.
Telecommunications
facilities shall be permitted by right in the ED Economic Development
District and on public (Township, school, County, State or Federal
government) property in any zoning district.
18.
Outdoor
Storage Facilities. Outdoor storage facilities, where permitted, shall
be subject to the following standards:
A.
No highly
inflammable or explosive liquids, solids, or gases shall be stored
in bulk above ground. Tanks or drums of fuel directly connected with
heating devices or appliances located on the same premises as the
tanks or drums of fuel are excluded from this provision.
B.
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from all property lines which abut an R District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street. The area between the fence or wall and the property line shall be developed as a buffer area and provide screening in accordance with Chapter 22, § 22-302, Subsection 12D(4).
C.
No materials
or wastes shall be deposited on any premises in such form or manner
that they may be transferred off such premises by natural causes or
forces.
D.
All
materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible by or otherwise attractive to
rodents or insects shall be stored only in closed containers.
E.
Parking
spaces for commercial vehicles, trailers, boats or other large items
shall have an area sufficient to provide a minimum of three feet on
each side or end. Each space shall have a minimum width of 15 feet
and a minimum length of 40 feet.
F.
Parking
areas shall have adequate and well designed access points. No entrance
or exit to the parking area shall be located within 50 feet of any
road intersection. Access points connected to a State highway will
require highway occupancy permits from the Pennsylvania Department
of Transportation.
G.
Access
drives and access aisles shall be paved with 2 1/2 inches of ID-2
bituminous concrete placed over a six-inch thick base course of bank
run gravel; hard, durable shale or crushed stone. Parking spaces shall
be arranged and marked for orderly and safe movement of vehicles.
With the following exceptions: designated employee parking, overflow
parking, long term parking (parking in excess of 12 hours). The above
exceptions may be constructed with a pervious surface acceptable to
the Supervisors.
H.
Parking
areas shall be properly graded and drained to dispose of all surface
water without increasing flow to adjacent properties. A soil erosion
and sedimentation plan approved by the Monroe County Conservation
District shall be required.
I.
Access
drives leading to parking areas shall be not less than 22 feet wide
for two way traffic or 17 feet wide for one way traffic. Access aisles
leading to parking spaces shall not be less than 26 feet for 90º
parking, 20 feet for 60º parking, seventeen-foot for 45º
parking, 17 feet for 30º parking and 14 feet for parallel parking.
No access aisle for two way traffic shall be less than 20 feet wide.
J.
Parking
areas designed for use between sunset and sunrise shall be illuminated
with an average of not less than 1 1/2 foot candles on the pavement.
Adequate shielding shall be provided to protect adjacent properties
from glare of such illumination or cause illumination in excess of
1/2 foot candles, either directly or indirectly beyond the property
lines of the parking area.
K.
Wherever
a parking area over five spaces is located across the road from or
within 50 feet of lands in a residential district, the parking area
shall be screened from view of such land, except for access aisles,
by a wall, fence or hedge approved by the Supervisors.
L.
The
parking of a refuse/trash, or any other type of waste hauling vehicle
unattended for more than two hours is prohibited. The parking of vehicles
carrying inflammable fuels or explosives unattended for more than
two hours is prohibited.
M.
All
parking areas shall be landscaped and buffered in the manner required
for commercial uses.
N.
The
owner/operator of the facility shall maintain a register of all items
in storage and the owner of each item.
19.
Warehouse
Uses (Over 50,000 Square Feet), Wholesale Establishments, Logistics
Distribution and/or Depots and Fulfillment Centers.
[Added by Ord. No. 249, 3/27/2023[1]]
A.
No building or structure shall be in excess of 150,000 square feet
of gross floor area.
B.
No building shall be in excess of 50 feet in height. The maximum
height of roof projections shall not be in excess of 10 feet. The
height of a building or structure shall be measured from the finished
floor grade to the roof membrane but excluding roof projections.
C.
One off-street loading and unloading space shall be provided for
each door dock. No parking and/or loading/unloading shall be permitted
on or along any public road.
D.
Access drives must front upon and connect to public roads improved
to Township standards and shall be sufficient in width to accommodate
the use and the vehicles expected to travel upon same, but in no event
shall any access drive exceed 24 feet in width. No activities, including
off-street parking, shall be allowed within 150 feet of a property
line abutting a residential zoning district. All truck idling in excess
of 15 minutes shall be prohibited. Further, facilities with gated
entrances shall provide for an on-site queuing area for the stacking
of a minimum of three tractor trailers.
E.
Any entrance for trucks, loading/unloading area or truck parking
area shall be a minimum of 250 feet from any residential zoning district
boundary.
F.
The use shall have its main access point(s) within two miles of at
least one arterial road or an on-ramp of an expressway.
G.
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants or hazardous
substances that may spill or leak where such substances are stored
or where vehicles are fueled, repaired or maintained.
H.
No outdoor storage of any kind is permitted. However, the storage
of garbage that is routinely produced on site and awaiting regular
collection is permitted; however, yard areas must still be kept clear
of junk, trash or other types of debris. All activities shall occur
in a completely enclosed building or structure (except for shipments
and deliveries by vehicles), and all materials shall be stored within
a completely enclosed building or structure.
I.
The minimum distance between any two buildings (or groups of buildings)
will not be less than the height of the building (including roof projections)
plus 25 feet.
J.
An emergency access road shall be constructed to go completely around
the perimeter of each building to be constructed and to act an emergency
fire lane. Such road shall be at least 20 feet wide and shall be constructed
of materials that are able to withstand the load of large emergency
response vehicles (such as fire trucks) and related equipment.
K.
A mechanical scraper system shall be installed at each truck exit
for the purpose of removing snow, slush and/or ice from the trailer
and truck rooftops. During the winter months (December-March) or after
any snow or ice event, all trucks must pass under this system.
L.
The building or structure must be sprinklered.
20.
Truck
Terminals. Truck terminals, where permitted, shall be subject to the
following standards:
A.
No truck
terminal shall be constructed, erected, maintained, established, or
allowed to exist upon a tract of land containing less than 50 acres,
in the aggregate.
B.
The
maximum building coverage, excluding canopies, shall not exceed 5%
of the land area. Parking lot facilities and access roads shall not
exceed an additional 20% coverage of the total land area. Parking
lot facilities shall not extend more than 500 feet in any direction
from the outermost bearing wall of any building.
C.
No building,
parking lot, equipment, storage tank, pump, structure, sewage facility,
or other appliance or facility, whether aboveground or underground,
shall be located on the tract nearer than 200 feet of any lot line
of the tract or any public road.
D.
Access
to the truck terminal tract shall be limited to one paved way of ingress
and one paved way of egress to and from a public road, street or highway
to allow the free flow of traffic. The way of ingress shall not be
used for egress and the way of egress shall not be used for ingress.
The intersection of the way of ingress and the way of egress with
the public road, street or highway, shall not be less than 750 feet
apart, measured from center line to center line. The maximum curve
radii or edge-of-pavement radii at such intersection shall not be
greater than 20 feet in width.
E.
Such
truck terminal tract shall be screened from the view of the traveling
public with a natural barrier of shrubbery or trees or artificial
barrier, subject to the approval of the Township Supervisors.
F.
No above-ground
storage facilities of any kind for gasoline or diesel fuel shall be
permitted.
G.
Underground
storage facilities shall not exceed 100,000 gallons of gasoline and
100,000 gallons of diesel fuel.
H.
All
travel areas and parking lots must be paved with not less than eight
inches of crushed stone subbase and 2 1/2 inches I.D. No. 2A wearing
course.
I.
Concrete
curbing shall be installed at the perimeter of all paved areas, excluding
access points, of not less than eight inches at the top, nine inches
at the bottom, and 24 inches in height, eight inches above the pavement.
J.
Signs
shall comply with the requirements of this Chapter.
K.
No truck
terminal shall be constructed, erected, or established unless the
final, ultimate public access thereto is directly from a public highway
of not less than four lanes, consisting of two lanes in either direction.
L.
In order
to prevent undue congestion, hazardous traffic conditions, noise and
pollution, no such truck terminal shall be located or situate in Smithfield
Township nearer than one mile of an existing truck terminal, measured
along the public highway from the point of egress to the respective
truck terminals.
M.
No truck
terminal hereafter constructed, erected, established or maintained
in Smithfield Township shall sell or dispense diesel fuel oil which
has a sulfur content in excess of 0.3%.
N.
No truck
terminal, from and after the effective date hereof, shall be operated
or maintained so as to cause, allow or permit noise or sound to emanate
or issue from its property in excess of 40 decibels measured over
an eight-hour period, as measured at any point on its property boundary
line.
O.
No truck
terminal shall cause, permit, or allow its premises to be occupied,
at any time, by more than three motor vehicles designed for carrying
freight or merchandise, multiplied by the total aggregate number of
acres contained within the tract upon which is situate such truck
terminal.
21.
ED District
Uses. Uses within the ED District shall be subject to the following
additional standards:
A.
Nonresidential
development is limited to the maximum building coverage indicated
in the Schedule of District Regulations. The Board of Supervisors
may increase the maximum building coverage up to an additional 15%,
for a total maximum building coverage of 50% if, during site plan
review, it is found that the development meets the following standards:
(1)
The development maintains the privacy of adjacent residential lots
or residentially zoned properties through techniques such as decreased
height, additional landscape and screening measures, building massing
and design to mitigate adverse impacts of noise and lighting, and
increased setbacks above those required from adjacent residential
lots.
(2)
Building design elements incorporate pedestrian-scale features, such
as awnings and storefront windows along appropriate corridors (local
roads and collector roads).
(3)
The design of the site’s circulation system provides adequate
and safe access for both motor vehicles and alternate modes of transportation,
including pedestrians and bicyclists. The design must minimize potentially
dangerous traffic movements and points of conflict between vehicles
and pedestrians or bicyclists.
B.
Applicants proposing any use which is expected to generate 500 or more trip-ends per day, in accordance with the most recent edition of the Trip Generation Manual by the Institute of Transportation Engineers, shall be required to prepare a traffic impact study in compliance with § 27-404 of this Chapter.
C.
Building height is limited to 40 feet; provided, however, the Board of Supervisors may permit the increase of the building height by 10 feet for each additional 10 feet of front yard, provided not to exceed a maximum building height of 60 feet. Refer to § 27-305 of this Chapter for building height restrictions in a major mixed use development. Refer to § 27-306 of this Chapter for building height restrictions in an incentivized development.
(1)
Any increase in building height, above 35 feet, shall be permitted
only if plans have been reviewed and approved by the Fire Chief and
the emergency services providers to ensure all roads, driveways and
access aisles will be of sufficient width and design to accommodate
ready access by emergency services vehicles, apparatus and personnel.
(2)
Any building or structure exceeding 35 feet in height shall be fully
sprinklered in accordance with NFPA standards and provided with a
Class III standpipe system on all floors and each wing. State building
code requirements shall also apply.
(3)
Any building or structure exceeding 35 feet in height shall have
an addressable fire alarm system.
(4)
Any building or structure exceeding 35 feet in height shall have
appropriate signage and emergency lighting in all stair towers.
(5)
All fire hydrants shall be equipped with Storz fittings approved
by the local fire department.
(6)
Knox box (key repository for use of emergency personnel) shall be
installed at each entrance to any building or structure greater than
35 feet in height.
D.
Parking Standards for Joint Use. Where a parking area is intended for the joint use of two or more distinct land use activities, the total parking area required shall be the same as required for those uses computed separately, minus 10% of the total number of spaces required. Refer to § 27-305 of this Chapter for parking standards in a major mixed use development. Refer to § 27-306 of this Chapter for parking standards in an incentivized development.
E.
Loading
docks, utility meters, HVAC equipment, trash dumpsters and other service
functions shall be incorporated into the overall design theme of the
building so that the architectural design is continuous. These areas
shall be located and screened so that the visual and acoustic impacts
of these functions are fully contained and out of view from adjacent
properties and public streets.
F.
Only
one principal use is permitted on a lot by-right within the ED District
unless part of a mixed use development or an incentivized development.
In the event of a conflict between the provisions of a mixed use development
or an incentivized development and the provisions of the underlying
district, the provisions of the mixed use development or the incentivized
development shall prevail, depending upon the development option chosen.
If the standards in the major mixed use development option and the
incentivized development option are silent in relation to any development
standard, the development standard identified in the underlying district
shall prevail.
G.
In order
to expedite the review and approval process, any adaptive reuse project
within the ED District may submit land development plans for preliminary
and final approval.
22.
Data
Centers and Disaster Recovery Facilities. Data centers and disaster
recovery facilities which are permitted as principal permitted uses
in the ED Economic Development District and the M-1 Industrial District
shall be subject to the following additional standards:
A.
Ancillary
uses permitted in a data center or disaster recovery facility include
offices and computer stations necessary for the operation of the facility,
uninterrupted power source (UPS) rooms, back-up generators, and fuel
storage, but may not include company offices, retail uses, or customer
service operations.
B.
Where
a data center or disaster recovery facility is located adjacent to
a residential or institutional property or zoning district, the following
conditions shall apply:
(1)
No barbed or razor wire shall be visible from neighboring residential
or institutional properties or districts.
C.
No data
center or disaster recovery facility or associated structures, including
backup generators and fuel storage, may be located between the 100-year
and 500-year flood elevations as shown in the most recent Flood Insurance
Rate Maps prepared by the Federal Emergency Management Agency for
the Township.
D.
No data
center or disaster recovery facility shall be located within the conical,
horizontal, transitional, primary or approach surface zones for an
airport.
E.
No data
center or disaster recovery facility shall be located within 800 feet
of a railroad, railroad station or railroad yard and freight station.
F.
The
volume of sound inherently and recurrently generated by the use shall
not exceed the standards in this Section at the property boundary
of the receiving land use.
(1)
Sound levels shall be measured with a sound level meter and associated
octave band filter manufactured according to standards prescribed
by the American Standards Association on May 12, 1958.
(2)
Objectionable sounds of an intermittent nature shall be controlled
so as not to become a nuisance to adjacent uses.
(3)
Maximum sound pressure levels shall not exceed those provided in
the following table:
|
Octave Band (cycles per second)
|
Maximum Sound Pressure Level in Decibels (0.0002 dynes per square
centimeter)
|
|---|---|
|
0-74
|
72
|
|
75-149
|
67
|
|
150-299
|
59
|
|
300-599
|
52
|
|
600-1,199
|
46
|
|
1,200-2,399
|
40
|
|
2,400-4,800
|
34
|
|
Above 4,800
|
32
|
G.
The
emission of any smoke, odorous gases or other odorous matter or steam
in quantities that are offensive or noisome at any point along the
boundary with an adjacent zoning district or residential property
shall be prohibited.
H.
No direct
or reflected glare or heat from any source shall be detectable in
objectionable amounts beyond the boundaries of the zoning district
in which the use is located or at the boundary with an adjacent residential
property.
I.
Every
use shall be operated so that ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point along
any boundary of the zoning district in which the use is located or
at the boundary with an adjacent residential property.
23.
Hospital,
Specialty Hospital and Medical Center Uses. Hospital, specialty hospital
and medical center uses, where permitted, shall be subject to the
following standards:
A.
The
use shall front on and have direct access to a collector or arterial
road.
B.
Emergency
and service entrances shall be located so as to be least offensive
to adjoining residential uses.
D.
Parking
areas shall be adequately screened from any existing adjacent residential
use or residential district.
E.
When
proposed as an accessory use to a hospital, specialty hospital, an
athletic facility or health club and a health and wellness center
shall meet the district regulations, bulk and other requirements for
the proposed facility it is to be accessory to, as well as separate
parking requirements outlined in Schedule II.
F.
When
proposed as an accessory to a hospital, an ambulatory surgical center
shall meet the district, bulk and parking regulations applicable to
the primary hospital use.
24.
Lawful Use Not Otherwise Permitted. This section is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this Section. A lawful use not otherwise permitted shall be subject to the following requirements in addition to the regulations found in § 27-704 of this Chapter:
A.
The
use must comply with the open space, impervious surface, area, lot
area, and dimensional requirements of the district in which the use
is proposed.
B.
The
applicant must demonstrate that the use proposed will comply with
all permit requirements of the Pennsylvania Department of Environmental
Protection or any other commonwealth or Federal government agency
which regulates such use.
C.
A buffer
area shall be established in accordance with the conditions imposed
upon the granting of conditional use approval which is sufficient
to adequately screen the lawful permitted use from other uses in the
vicinity. The buffer area shall be of sufficient width to protect
the surrounding area from the objectionable effects of the proposed
use, including, but not limited to, noise, dust, vibration, odor,
illumination, visual effects and the like.
D.
In addition,
conditional use approval will only be granted by the Board of Supervisors
after it has determined that the granting of such will not result
in additional threats to public safety or extraordinary public expense,
create nuisances, cause fraud or victimization of the public or conflict
with local laws or ordinances.
25.
Research
Facility. A research facility, where permitted, shall meet the following
criteria:
A.
The
site shall front on or have access to a collector or arterial roadway.
B.
A research
facility shall be a conditional use in the Industrial District and
in the C-1 Commercial District.
C.
A research
facility may not maintain operations at a biological safety level
greater than Biosafety Level 2, in case of animal research facilities
an Animal Biosafety Level 2 (or equivalent or comparable safety level
in nonbiological facilities), as determined by Federal law and as
regulated through the United States Department of Health and Human
Services, the United States Public Health Service, the Centers for
Disease Control and Prevention, the National Institutes of Health,
or their successors or equivalents in the natural, social or physical
sciences.
D.
A research
facility must comply with all applicable Federal, State, and local
regulations pertaining to its use, and must provide facilities, staff,
and established practices that reasonably ensure appropriate levels
of environmental quality, safety, security, and care.
26.
Indoor
Shooting Range. Indoor shooting ranges shall be subject to the following
additional standards:
A.
All
activities associated with the discharge of firearms at an indoor
shooting range shall take place within an enclosed building. No such
activities shall take place outdoors.
B.
Sound
abatement shields, sound scrubbers or equivalent barriers shall be
installed on shooting ranges so as to keep all noise, sounds, concussions,
and vibrations within the boundary lines of the property in question,
unless significant natural barriers exist that provide the same level
of protection, noise abatement, and control.
C.
All
indoor activities, including shooting of projectiles and storage of
projectiles, shall comply with the most current published standards
and guidelines of the National Rifle Association and Field Archery
Association, as applicable.
D.
The
storage of ammunition shall be limited to only that utilized for each
day’s activity, and in no event shall ammunition remain on the
property for greater than 24 hours. The storage of live ammunition
may only occur indoors in an area secured from general access.
E.
The
number of active shooters shall be limited to the number of firing
points or stations identified on the development plan.
F.
Illegal
substances, drugs, and alcoholic beverages are prohibited.
27.
Transient
Business.
A.
All
transient businesses defined herein must first obtain a permit for
its operation issued by the Zoning Officer. The permit must specify
the type of product; and no business may sell other types of products
not enumerated in the license. The license must be displayed on the
business premises or be in the possession of the on-site business
agent at all times that the business is in operation and be available
for inspection by any authorized Township official. The Board of Supervisors
shall establish the permit requirements by resolution hereinafter
adopted.
[Ord. 231, 6/22/2021]
1.
Short
Title. This Section shall be known as the “Smithfield Township
Wireless Communications Facilities Ordinance.”
2.
Purposes
and Findings of Fact.
A.
The purpose
of this Section is to establish uniform standards for the siting,
design, permitting, maintenance, and use of wireless communications
facilities in Smithfield Township. While the Township recognizes the
importance of wireless communications facilities in providing high-quality
communications service to its residents and businesses, the Township
also recognizes that it has an obligation to protect public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
B.
By enacting
this Section, the Township intends to:
(1)
Regulate the placement, construction and modification of wireless
communication facilities to protect the safety and welfare of the
public;
(2)
Provide for the managed development of wireless communications facilities
in a manner that enhances the benefits of wireless communication and
accommodates the needs of both Township residents and wireless carriers
in accordance with Federal and State laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including but not limited to distributed
antenna systems, data collection units, and other wireless communications
facilities;
(5)
Encourage the collocation of wireless communications facilities on
existing structures rather than the construction of new tower-based
structures;
(6)
Protect Township residents from potential adverse impacts of wireless
communications facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape;
(7)
Ensure that wireless communications facilities will be removed in
the event that such structures are abandoned or become obsolete and
are no longer necessary; and
(8)
Update the Township’s wireless facilities regulations to incorporate
changes in Federal and State laws and regulations.
3.
Definitions.
4.
Regulations
Applicable to All Tower-Based Wireless Communications Facilities.
The following regulations shall apply to all tower-based wireless
communications facilities:
A.
Procedures.
(1)
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for conditional use approval by the Township Board of Supervisors in accordance with the requirements of § 27-704 of this Chapter.
(2)
The applicant shall prove that it is licensed by the FCC to operate
a tower-based WCF and that the proposed tower-based WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
B.
Timing
of Approval. All applications for tower-based WCFs shall be acted
upon within 150 days of the receipt of a fully completed application
for the approval of such tower-based WCF, including an application
fee in an amount specified by the wireless fee schedule. If the Township
receives an application for a tower-based WCF and such application
is not fully completed, then the Township shall promptly notify the
applicant that the application is not complete and the time for the
approval of such application shall not commence until a fully completed
application is received by the Township.
C.
Application
Fees. The Township may assess appropriate and reasonable application
fees in reviewing and processing the application for approval of a
WCF, as well as related inspection, monitoring, and related costs,
subject to the limitations in this Section, in amounts specified by
the wireless fee schedule.
D.
Prohibited
in Conservation Districts. No tower-based WCF shall be located within
a conservation or preservation district or within 200 feet of a lot
in conservation use or a conservation district boundary.
E.
Development
Regulations. Tower-based wireless communications facilities shall
be developed in accordance with the following requirements:
(1)
Permitted Subject to Regulations. Any tower-based WCF that is either
not mounted on any existing structure or is more than 25 feet higher
than the structure on which it is mounted is permitted in certain
zoning districts as a conditional use, subject to the restrictions
and conditions prescribed herein and subject to the prior written
approval of the Township. The Township Board of Supervisors may grant
conditional use in accordance with the requirements herein:
(a)
Siting. Tower-based WCF shall only be permitted in the following
districts by conditional use, subject to the requirements and prohibitions
of this Section:
(b)
Coverage and Capacity. An applicant for a tower-based WCF must demonstrate
that a gap in wireless coverage and capacity exists and that the type
of WCF and siting being proposed is the least intrusive means by which
to fill the gap in wireless coverage and capacity. 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
WCFs.
(c)
Collocation. An applicant for a tower-based WCF must demonstrate
there is not suitable space on existing wireless service facilities
or other wireless service facility sites or on other sufficient tall
structure where the intended wireless service facility can be accommodated
and function as required by its construction permit or license without
unreasonable modification.
(d)
Good Faith Effort. If the applicant proposes to build a tower (as
opposed to mounting the antenna on an existing structure), said applicant
is required to demonstrate that they contacted the owners of all structures
within a one mile radius of the site proposed, asked for permission
to install the antenna on those structures and was denied for reasons
other than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other telecommunications
companies, other communication towers (fire, police, etc.), and other
tall structures. The Township Board of Supervisors may deny any application
to construct a new tower if the applicant has not made a good faith
effort to mount the antenna on an existing structure.
(e)
Site Plan. An applicant for a tower-based WCF must submit a full
site plan to the Township Zoning Officer which shall include:
1)
Written authorization from the property owner of the proposed tower-based
WCF site that such facility may be sited on the property. Written
authorization from the property owner consenting to the making of
the application to the Township for conditional use. Written acknowledgment
from the property owner of being bound by this Section, the conditions
of any site plan approval authorized by the Township, and all other
requirements of the Township Code.
2)
A site plan that is drawn to scale and shows the following features:
property boundaries; any tower guy wire anchors and other apparatus;
existing and proposed structures; scaled elevation view; access road(s)
location and surface material; parking area; fences; power source(s);
location and content of (any or warning) signs; exterior lighting
specifications; landscaping plan; land elevation contours; existing
land uses surrounding the site; proposed transmission building and/or
other accessory uses with details; elevations; and proposed use(s).
3)
A written report including: information describing the tower height
and design; a cross-section of the structure; engineering specifications
detailing construction of tower, base and guy wire anchorage; information
describing the proposed painting and lighting schemes; information
describing the tower’s capacity, including the number and type
of antennas that it can accommodate; radio frequency coverage including
scatter plot analysis and the input parameters for the scatter plot
analysis; all tower structure information to be certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania;
and wireless telecommunications data to be certified by an appropriate
wireless telecommunications professional.
4)
A written report, titled “Cost of Wireless Facilities Removal”
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and related facilities.
5)
All other uses ancillary to the tower-based WCF and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the tower-based WCF site unless otherwise
permitted in the zoning district in which the tower-based WCF site
is located.
6)
Where the tower-based WCF is located on a property with another principal
use, the applicant shall present documentation that the owner of the
property has granted an easement for the proposed facility and that
vehicular access is provided to the facility.
7)
An inventory of its existing wireless communications facilities,
including all tower-based, non-tower, and small WCF, that are either
sited within the Township or within 1/4 mile of the border thereof.
Such inventory shall include specific information about the location,
height, design, and use of each wireless communications facility.
The Township may share such information with other applicants applying
for site plan approvals or special permit uses under Section 360-24.1
or other organizations seeking to locate antennas within the Township;
provided, however, that the Township is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
8)
The need for additional buffer yard treatments shall be evaluated.
9)
Other information deemed to be necessary by the Township to assess
compliance with this Section.
(2)
Sole Use on a Lot. A tower-based WCF is permitted as a sole use on
a lot subject to the minimum lot area and yards complying with the
requirements for the applicable zoning district.
(3)
Combined with Another Use. A tower-based WCF may be permitted on
a property with an existing use, or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
(a)
Existing Use. The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
(b)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
(c)
Minimum Setbacks. If a new antenna support structure is constructed
(as opposed to mounting the antenna on an existing structure), the
minimum distance between the base of the support structure and any
property line or right-of-way line shall be the largest of the following:
F.
Standard
of Care. Any tower-based WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
G.
Wind
and Ice. Any tower-based WCF structures shall be designed to withstand
the effects of wind and ice 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/TIA-222, as amended).
H.
Height.
Any tower-based WCF shall be designed at the minimum functional height.
All tower-based WCF applicants must submit documentation to the Township
justifying the total height of the structure. In no case shall a WCF
exceed a maximum height of 200 feet.
I.
Public
Safety Communications. No tower-based WCF shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
J.
Maintenance.
The following maintenance requirements shall apply:
(1)
Any tower-based WCF shall be fully automated and unattended on a
daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Township’s
residents.
(3)
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
(4)
The Township reserves the authority to require the repainting of
all tower-based facilities where the painting of such facilities is
not regularly maintained.
K.
Radio
Frequency Emissions. No tower-based WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including but not limited to
the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields,” as amended. The owner or operator of
such tower-based WCF shall submit proof of compliance with any applicable
radio frequency emissions standards to the Township Secretary on an
annual basis. A tower-based WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The Township reserves the authority to revoke the permit
of any tower-based WCF generating radio frequency emissions in excess
of the standards and regulations of the FCC.
L.
Historic
Buildings or Districts. No tower-based WCF may be located on, or within
300 feet of, any property, building, or structure that is listed on
either the National or Pennsylvania State Registers of Historic Places,
or eligible to be so listed, or is included in the official historic
structures list maintained by the Township.
M.
Underground
District. A tower-based WCF shall not be located in, or within 300
feet of, an area in which utilities are required to be located underground.
N.
Signs.
All tower-based WCFs shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency.
O.
Lighting.
Tower-based WCF shall not be artificially lighted, except as required
by law. Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under State and Federal regulations.
P.
Noise.
Tower-based WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under State law and
the Township Code, except in emergency situations requiring the use
of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
Q.
Aviation
Safety. Tower-based WCFs shall comply with all Federal and State laws
and regulations concerning aviation safety.
R.
Inspection
Report Requirements. No later than December of each odd-numbered year,
the owner of the tower-based WCF shall have said WCF structure inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of tower-based WCFs and has demonstrated his/her expertise
to the satisfaction of the Township. At a minimum, this inspection
shall be conducted in accordance with the Tower Inspection Class checklist
provided in the Electronics Industries Association (EIA) Standard
222, Structural Standards for Steel Antenna Towers and Antenna Support
Structures. A copy of said inspection report and certification of
continued use shall be provided to the Township by March 1 following
the inspection. Any repairs advised by report shall be effected by
the owner within 60 calendar days after the report is filed with the
Township.
S.
Retention
of Experts. The Township may hire any consultant(s) and/or expert(s)
necessary to assist the Township in reviewing and evaluating the application
for approval of the tower-based WCF and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of this Section. The applicant and/or owner of the WCF shall reimburse
the Township for all costs of the Township’s consultant(s) in
providing expert evaluation and consultation in connection with these
activities.
T.
Nonconforming
Uses. Nonconforming tower-based WCFs, which are hereafter damaged
or destroyed due to any reason or cause, may be repaired and restored
at their former location, but must otherwise comply with the terms
and conditions of this Section.
U.
Removal.
In the event that use of a tower-based WCF is planned to be discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and accessory facilities and equipment
may be removed by the Township and the cost of removal assessed against
the owner of the WCF. Any cost to the Township for such removal which
is not paid under the owner’s bond shall constitute a lien on
the tax lot on which the tower-based WCF is situated and shall be
collected in the same manner as a municipal tax on real property.
(3)
Any unused portions of tower-based WCFs, including antennas, shall
be removed within six months of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
V.
Siting.
No tower-based wireless communications facility shall be located,
in whole or in part, within the public right-of-way.
W.
Notice.
Upon receipt of an application for a tower-based WCF, the Township
shall mail notice thereof to the owner or owners of every property
zoned residential within 1,000 feet of the site of the proposed facility.
X.
Eligible
Facilities Request.
(1)
Tower-based WCF applicants proposing a modification to an existing
tower-based WCF that does not substantially change the dimensions
of the underlying structure shall be required only to obtain a building
permit from Smithfield Township.
(2)
In order to be considered for such permit, the tower-based WCF applicant
must submit a building permit application to the Township in accordance
with applicable permit policies and procedures.
Y.
Design
Regulations.
(1)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Township. The Township reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Township.
(2)
The tower-based WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
(3)
Any proposed tower-based WCF shall be designed structurally, electrically,
and in all respects to accommodate both the tower-based WCF applicant’s
antennas and comparable antennas for future users.
(4)
All utilities that are extended to the site of the tower-based WCF
shall be placed underground.
Z.
Surrounding
Environs.
(1)
The tower-based WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the tower-based WCF structure
shall be preserved to the maximum extent possible.
(2)
The tower-based WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
AA.
Fence/Screen.
(a)
A security fence having a maximum height of eight feet, and a minimum
height of six feet, shall completely surround any tower-based WCF,
guy wires, or any building housing WCF equipment.
(b)
An evergreen screen shall be required to surround the site. The screen
can be either 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 a minimum height of six feet at planting and shall
grow to a minimum of 15 feet at maturity.
(c)
In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
BB.
Accessory
Equipment.
(1)
Ground-mounted equipment associated to, or connected with, a tower-based
WCF shall be underground or screened from public view using stealth
technologies, as described above.
(2)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
CC.
Additional
Antennas. As a condition of approval for all tower-based WCFs, the
WCF applicant shall provide the Township with a written commitment
that it will allow other service providers to collocate antennas on
tower-based WCFs where technically and commercially reasonable. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
DD.
Access
Road. An access road, turnaround space and parking shall be provided
to ensure adequate emergency and service access to tower-based WCF.
Maximum use of existing roads, whether public or private, shall be
made to the extent practicable. Road construction shall at all times
minimize ground disturbance and the cutting of vegetation. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility. The easement shall be a minimum
of 20 feet in width and the access shall be paved to a width of at
least 10 feet throughout its entire length.
EE.
Bond.
Prior to the issuance of special permit use, the owner of a tower-based
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond or other form of
security acceptable to the Township Solicitor. The bond shall provide
that the Township may recover from the principal and surety any and
all compensatory damages incurred by the Township for violations of
this Section, after reasonable notice and opportunity to cure. The
owner shall file the bond with the Township and maintain the bond
for the life of the respective facility. The owner of the tower-based
WCF shall maintain a bond in the following amounts:
(1)
An amount of $75,000 to assure the faithful performance of the terms
and conditions of this Section.
(2)
An amount determined by the Township Board of Supervisors based on
engineering estimates, to cover the cost of removing and disposing
of the antenna, tower, and related facilities. The Township Board
of Supervisors may consider, but shall not be required to rely upon,
applicant’s written report, titled “Cost of Wireless Facilities
Removal” certified by a registered professional engineer (P.E.)
licensed by the Commonwealth of Pennsylvania.
FF.
Visual
or Land Use Impact. The Township reserves the right to deny an application
for the construction or placement of any tower-based WCF based upon
visual and/or land use impact.
GG.
Graffiti.
Any graffiti on the tower-based WCF, including wireless support structure
or on any accessory equipment, shall be removed at the sole expense
of the owner within 10 days of notification by the Township.
HH.
Inspection
by Township. The Township reserves the right to inspect any tower-based
WCF 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 WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
5.
Regulations
Applicable to All Non-Tower Wireless Communications Facilities. The
following regulations shall apply to all non-tower wireless communications
facilities:
A.
Procedures.
(1)
Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure, for review by the Township staff and Planning Commissions and for conditional use approval by the Township Board of Supervisors in accordance with the requirements of § 27-704 of this Chapter.
(2)
The applicant shall prove that it is licensed by the FCC to operate
a non-tower WCF and that the proposed non-tower WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
B.
Development
Regulations. Non-tower wireless communications facilities shall be
collocated on existing structures, such as existing buildings or wireless
support structures, subject to the following conditions:
(1)
Permitted Subject to Regulations. Subject to the restrictions and
conditions prescribed herein, non-tower WCFs are permitted in certain
zoning districts as a conditional use upon review by the Township
Zoning Officer and approval by the Township Board of Supervisors,
in accordance with the requirements herein.
(a)
Non-tower WCF are permitted in the following zoning districts by
conditional use, subject to the requirements and prohibitions of this
Section:
(2)
Height. Such non-tower WCF shall not exceed the maximum height permitted
in the applicable zoning district.
(3)
Equipment building. If the non-tower WCF applicant proposes to locate
the communications equipment in a separate building, the building
shall comply with the minimum requirements for the applicable zoning
district.
(4)
Fencing. A security fence with a maximum height of eight feet, and
a minimum height of six feet, 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.
C.
Application
Fees. The Township may assess appropriate and reasonable application
fees in reviewing and processing the application for approval of a
WCF, as well as related inspection, monitoring, and related costs,
subject to the limitations in this Section, in amounts specified by
the wireless fee schedule.
D.
Site
Plan. An applicant for a non-tower WCF must submit a full site plan
to the Township Zoning Officer which shall include:
(1)
Written authorization from the wireless support structure owner of
the proposed non-tower WCF site that such facility may be sited on
the wireless support structure. Written authorization from the wireless
support structure owner consenting to the making of the application
to the Township for special permit use. Written acknowledgment from
the wireless support structure owner of being bound by this Section,
the conditions of any site plan approval authorized by the Township,
and all other requirements of the Township Code.
(2)
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennas; existing or proposed
electrical power source; and scaled elevation view.
(3)
A written report including: information describing the antenna height
and design; a cross-section of the wireless support structure; engineering
specifications detailing attachment of the antenna to the wireless
support structure; information describing the proposed painting and
lighting schemes; radio frequency coverage including scatter plot
analysis and the input parameters for the scatter plot analysis; all
wireless support structure information to be certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania;
and wireless telecommunications data to be certified by an appropriate
wireless telecommunications professional.
(4)
A written report, titled “Cost of Non-Tower Wireless Facilities
Removal” certified by a registered professional engineer (P.E.)
licensed by the Commonwealth of Pennsylvania, detailing the total
cost of removing and disposing of antenna and related facilities.
(5)
An inventory of its existing wireless communications facilities,
including all tower-based, non-tower, and small WCF, that are either
sited within the Township or within 1/4 mile of the border thereof.
Such inventory shall include specific information about the location,
height, design, and use of each wireless communications facility.
The Township may share such information with other applicants applying
for site plan approvals or special permit use under this Section or
other organizations seeking to locate antennas within the Township;
provided, however, that the Township is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(6)
Other information deemed to be necessary by the Township to assess
compliance with this Section.
E.
Eligible
Facilities Request.
(1)
Non-tower WCF applicants proposing a modification to an existing
non-tower WCF that does not substantially change the dimensions of
the underlying structure shall be required only to obtain a building
permit from the Township Zoning Officer.
(2)
In order to be considered for such permit, the non-tower WCF applicant
must submit a building permit application to the Township in accordance
with applicable permit policies and procedures.
F.
Visual
or Land Use Impact. The Township reserves the right to deny an application
for the construction or placement of any non-tower WCF based upon
visual and/or land use impact.
G.
Historic
Buildings. No non-tower WCF may be located on, or within 300 feet
of, any property, building, or structure that is listed on either
the National or Pennsylvania State Registers of Historic Places, or
eligible to be so listed, or is included in the official historic
structures list maintained by the Township.
H.
Timing
of Approval. All applications for non-tower WCFs shall be acted upon
by the Township within 90 days of the receipt of a fully completed
application for the approval of such WCF, including an application
fee in an amount specified by the wireless fee schedule. If the Township
receives an application for a non-tower WCF and such application is
not fully completed, then the Township shall promptly notify the applicant
that the application is not complete and the time for the approval
of such application shall not commence until a fully completed application
is received by the Township.
I.
Retention
of Experts. The Township may hire any consultant(s) and/or expert(s)
necessary to assist the Township in reviewing and evaluating the application
for approval of the WCF and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of this Section.
The applicant and/or owner of the WCF shall reimburse the Township
for all costs of the Township’s consultant(s) in providing expert
evaluation and consultation in connection with these activities.
J.
Bond.
Prior to the issuance of special permit use, the owner of a non-tower
WCF shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain a bond or other form of
security acceptable to the Township Solicitor. The bond shall provide
that the Township may recover from the principal and surety any and
all compensatory damages incurred by the Township for violations of
this law, after reasonable notice and opportunity to cure. The owner
shall file the bond with the Township and maintain the bond for the
life of the respective facility. The owner of the non-tower WCF shall
maintain a bond in the following amounts:
(1)
An amount of $75,000 to assure the faithful performance of the terms
and conditions of this Section.
(2)
An amount determined by the Township Board of Supervisors based on
engineering estimates, to cover the cost of removing and disposing
of the antenna and related facilities. The Township Board of Supervisors
may consider, but shall not be required to rely upon, applicant’s
written report, titled “Cost of Non-Tower Wireless Facilities
Removal” certified by a registered professional engineer (P.E.)
licensed by the Commonwealth of Pennsylvania.
K.
Design
Regulations.
(1)
Non-tower WCFs shall employ stealth technology and be treated to
match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Township.
(2)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
(3)
All non-tower WCF applicants must submit documentation to the Township
justifying the total height of the non-tower structure. Such documentation
shall be analyzed in the context of such justification on an individual
basis.
(4)
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.
L.
Standard
of Care. Any non-tower WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
M.
Wind.
Any non-tower WCF structures shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the engineering departments of
the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222, as amended).
N.
Public
Safety Communications. No non-tower WCF shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
O.
Radio
Frequency Emissions. No non-tower WCF may, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including but not limited to
the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields,” as amended. The owner or operator of
such non-tower WCF shall submit proof of compliance with any applicable
radio frequency emissions standards to the Township Secretary on an
annual basis. A non-tower WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The Township reserves the authority to revoke the conditional
use permit of any non-tower WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC.
P.
Aviation
Safety. Non-tower WCFs shall comply with all Federal and State laws
and regulations concerning aviation safety.
Q.
Inspection
Report Requirements. No later than the first day of December of each
odd-numbered year, the owner of the non-tower WCF shall have said
non-tower WCF inspected by a Pennsylvania-licensed and registered
professional engineer (P.E.) who is regularly involved in the maintenance,
inspection, and/or modification of non-tower WCFs. A copy of said
inspection report and certification of continued use shall be provided
to the Township Zoning Officer no later than the first day of March
following the inspection. Any repairs advised by the report shall
be effected by the owner no later than 60 calendar days after the
report is filed with the Township. No later than 30 calendar days
upon completion of aforesaid repairs, the non-tower WCF shall again
be inspected in accordance with the parameters and requirements described
herein.
R.
Maintenance.
The following maintenance requirements shall apply:
(1)
The non-tower WCF shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Township’s
residents.
(3)
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
S.
Upgrade,
Replacement, Modification.
(1)
The removal and replacement of non-tower WCFs and/or accessory equipment
for the purpose of upgrading, replacing, modifying, or repairing the
WCF is permitted, so long as such upgrade, replacement, modification,
or repair does not increase the overall size of the WCF or the numbers
of antennas.
(2)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
T.
Removal.
In the event that use of a non-tower WCF is discontinued, the owner
shall provide written notice to the Township of its intent to discontinue
use and the date when the use shall be discontinued. Unused or abandoned
WCFs or portions of WCFs shall be removed as follows:
(1)
All abandoned or unused non-tower WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Township.
(2)
If the non-tower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the Township, the WCF and/or related facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF. Any cost to the Township for
such removal which is not paid under the owner’s bond shall
constitute a lien on the tax lot on which the non-tower WCF is situated
and shall be collected in the same manner as a municipal tax on real
property.
U.
Graffiti.
Any graffiti on the non-tower WCF, including wireless support structure
or on any communications equipment or accessory equipment, shall be
removed at the sole expense of the owner within 10 days of notification
by the Township.
V.
Public
Rights-of-Way. No non-tower WCF shall be located, in whole or in part,
within the public rights-of-way.
W.
Signs.
All non-tower WCFs shall post a sign in a readily visible location
identifying the name and phone number of a party to contact in the
event of an emergency. No other signage or display is permitted.
X.
Lighting.
Non-tower WCF shall not be artificially lighted, except as required
by law. 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.
Y.
Noise.
Non-tower WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards under State law and
the Township Code, except in emergency situations requiring the use
of an electrical generator, where such noise standards may be exceeded
on a temporary basis only.
Z.
Inspection
by Township. The Township reserves the right to inspect any non-tower
WCF to ensure compliance with the provisions of this law 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 non-tower WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
6.
Regulations
Applicable to all Small Wireless Communications Facilities. The following
regulations shall apply to small wireless communications facilities:
A.
Development
Regulations.
(1)
Small WCF are permitted by administrative approval from the Township
Zoning Officer in all Township zoning districts, subject to the requirements
of this Section and generally applicable permitting as required by
the Township Code.
(2)
Small WCF located within underground districts shall be collocated
on existing or replacement wireless support structures. No new wireless
support structure may be installed for the purpose of supporting a
small WCF within underground districts.
(3)
Small WCF in the public ROW requiring the installation of a new wireless
support structure shall not be located directly in front of any building
entrance or exit.
(4)
All small WCF shall comply with the applicable requirements of the
Americans with Disabilities Act and all Township Code requirements
applicable to streets and sidewalks.
B.
Procedures.
(1)
Any applicant proposing a small WCF shall submit an application for
review by the Township staff.
(2)
The applicant shall prove that it is licensed by the FCC to operate
a small WCF and that the proposed small WCF complies with all applicable
standards established by the FCC governing human exposure to electromagnetic
radiation.
C.
Timing
of Approval.
(1)
Within 60 days of receipt of an application for collocation of a
small WCF on a preexisting wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant in writing of such
decision.
(2)
Within 90 days of receipt of an application for a small WCF requiring
the installation of a new wireless support structure, the Township
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant in writing of such
decision.
(3)
Within 10 calendar days of the date that an application for a small
WCF is filed with the Township Zoning Officer, the Township shall
notify the WCF applicant in writing of any information that may be
required to complete such application.
D.
Eligible
Facilities Request.
(1)
Small WCF applicants proposing a modification to an existing small
WCF that does not substantially change the dimensions of the underlying
structure shall be required only to obtain a building permit from
Smithfield Township.
(2)
In order to be considered for such permit, the small WCF applicant
must submit a building permit application to the Township in accordance
with applicable permit policies and procedures.
E.
Nonconforming
Wireless Support Structures. Small WCF shall be permitted to collocate
upon nonconforming tower-based WCF and other nonconforming structures.
Collocation of WCF upon existing tower-based WCF is encouraged even
if the tower-based WCF is nonconforming as to use within a zoning
district.
F.
Application
Fees. The Township may assess appropriate and reasonable application
fees directly related to the Township’s actual costs in reviewing
and processing the application for approval of a WCF, as well as related
inspection, monitoring, and related costs, subject to the limitations
in this section, in amounts specified by the wireless fee schedule.
G.
Standard
of Care. Any small WCF shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including but
not limited to the most recent editions of the American National Standards
Institute (ANSI) Code, National Electrical Safety Code, National Electrical
Code, the Pennsylvania UCC, or to the industry standard applicable
to the structure. Any WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
H.
Historic
Buildings. No small WCF may be located within 300 feet of any property,
or on a building or structure that is listed on either the National
or Pennsylvania Registers of Historic Places, or eligible to be so
listed, located within a historic district, or is included in the
official historic structures list maintained by the Township.
I.
Wind
and Ice. All small WCF shall be designed to withstand the effects
of wind gusts and ice 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/TIA-222, as amended), or to the industry standard
applicable to the structure.
J.
Radio
Frequency Emissions. A small WCF shall not, by itself or in conjunction
with other WCFs, generate radio frequency emissions in excess of the
standards and regulations of the FCC, including but not limited to
the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields,” as amended. The owner or operator of
such small WCF shall submit proof of compliance with any applicable
radio frequency emissions standards to the Township Secretary on an
annual basis. A small WCF generating radio frequency emissions in
excess of the standards and regulations of the FCC shall be considered
an emergency. The Township reserves the authority to revoke the permit
of any small WCF generating radio frequency emissions in excess of
the standards and regulations of the FCC.
K.
Time,
Place and Manner. The Township shall determine the time, place and
manner of construction, maintenance, repair and/or removal of all
small WCF in the ROW based on public safety, traffic management, physical
burden on the ROW, and related considerations.
L.
Accessory
Equipment. Small WCF and accessory equipment shall be located so as
not to cause any physical or visual obstruction to pedestrian or vehicular
traffic, create safety hazards to pedestrians and/or motorists, or
to otherwise inconvenience public use of the ROW as determined by
the Township.
M.
Graffiti.
Any graffiti on the wireless support structure or on any accessory
equipment shall be removed at the sole expense of the owner within
10 days of notification by the Township.
N.
Design
Standards. All small WCF in the Township shall comply with the requirements
of the Township Small Wireless Communications Facility Design Manual,
a copy of which is on file with Smithfield Township.
O.
Collocation.
An application for a new small WCF in the ROW shall not be approved
unless the Township finds that the proposed wireless communications
equipment cannot be accommodated on an existing structure, such as
a utility pole or traffic light pole. Any application for approval
of a small WCF shall include a comprehensive inventory of all existing
towers and other suitable structures within a one mile radius from
the point of the proposed tower, unless the applicant can show to
the satisfaction of the Township that a different distance is more
reasonable, and shall demonstrate conclusively why an existing tower
or other suitable structure cannot be utilized.
P.
Relocation
or Removal of Facilities. Within 90 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 small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any Township
or other public improvement in the public right-of-way;
(2)
The operations of the Township or other governmental entity in the
public right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Township.
Q.
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 small WCF and, once approved, in reviewing and
evaluating any potential violations of the terms and conditions of
this law. The applicant and/or owner of the small WCF shall reimburse
the Township for all reasonable costs of the Township’s consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities; provided, that such costs are a
reasonable approximation of costs incurred, the costs are reasonable,
and the costs are nondiscriminatory.
R.
Reimbursement
for ROW Use. In addition to permit fees as described in this Section,
every small WCF in the ROW is subject to the Township’s right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the ROW. Such compensation for ROW use shall be directly related
to the Township’s actual ROW management costs including, but
not limited to, the costs of the administration and performance of
all reviewing, inspecting, permitting, supervising and other ROW management
activities by the Township. The owner of each small WCF shall pay
an annual fee to the Township, in an amount specified by the wireless
fee schedule, to compensate the Township for the Township’s
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission.
7.
Regulations
Applicable to All Wireless Facilities.
A.
Township
Property. Nothing in this Chapter shall be deemed to create any offer,
right, or entitlement to use Township property for the construction
or operation of tower-based WCF, non-tower WCF, small WCF, wireless
support structures, or related facilities. Any such tower-based WCF,
non-tower WCF, small WCF, wireless support structure, or related facility
proposed to be sited on property owned, leased, or otherwise controlled
by the Township of Smithfield may be exempt from the requirements
of this Section. The Township retains the right to require applicants
to obtain site plan approval from the Township Board of Supervisors
in accordance with the requirements of this Section. No tower-based
WCF, non-tower WCF, small WCF, wireless support structures, or related
facilities may be constructed or installed on Township property until
a license or lease agreement authorizing such wireless facility has
been approved by the Township Board of Supervisors.
B.
Penalties.
Any person violating any provision of this Section shall be subject,
upon finding by a magisterial district judge, to a penalty not exceeding
$500, for each and every offense, together with attorneys’ fees
and costs. A separate and distinct violation shall be deemed to be
committed each day on which a violation occurs or continues to occur.
In addition to an action to enforce any penalty imposed by this Section
and any other remedy at law or in equity, the Township may apply to
a Federal District Court for an injunction or other appropriate relief
at law or in equity to enforce compliance with or restrain violation
of any provision of this Section.
C.
Determination
of Violation. In the event a determination is made that a person has
violated any provision of this Section, such person shall be provided
written notice of the determination and the reasons therefor. Except
in the case of an emergency, the person shall have 30 days to cure
the violation. If the nature of the violation is such that it cannot
be fully cured within such time period, the Township may, in its reasonable
judgment, extend the time period to cure, provided the person has
commenced to cure and is diligently pursuing its efforts to cure.
If the violation has not been cured within the time allowed, the Township
may take any and all actions authorized by this Section and/or Federal
and/or Pennsylvania law and regulations.
D.
Revocation
of Conditional Use Permit. Any conditional use permit granted under
this Chapter may be revoked by the Township Board of Supervisors after
a hearing, conducted on at least 15 days’ written notice to
the owner of the wireless communications facility and any related
facilities, and an opportunity to be heard. If at such hearing it
shall be shown by substantial evidence that the wireless communications
facility and related facilities constitute a threat to public safety,
health, or welfare, or that the conditions of the conditional use
permit have been materially violated, the Township Board of Supervisors
may revoke the conditional use permit.
8.
Insurance
and Indemnification.
A.
Requirement
of Insurance. Each person that owns, operates, or removes a tower-based,
non-tower, or small wireless communications facility shall purchase
and maintain, at its sole expense, certain insurance coverages of
specified minimum rating, as listed herein, and shall provide documentation
to the Township Secretary, upon request, and as provided herein.
B.
No Payment
or Reimbursement. Each person that owns, operates, or removes a tower-based,
non-tower, or small wireless communications facility shall be solely
responsible for bearing the costs of furnishing and maintaining all
required insurance coverages of specified minimum rating, as listed
herein. The Township shall not provide direct payment or reimbursement
to persons for the costs of maintaining the required insurance coverages.
The Township shall not provide direct payment or reimbursement to
persons for the costs of furnishing the required insurance coverages.
C.
Specified
Minimum Insurance Ratings, Registration, and Additional Endorsement.
All insurance carriers listed in the certificate(s) of insurance for
the required insurance coverages shall have, at minimum, a credit
rating of “Rated A VII or Better” from the A.M. Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility shall name the Township of Smithfield
as an additional insured by endorsement on the certificate(s) of insurance.
D.
Furnishment
of Certificates Prior to Commencement. Prior to the initial commencement
of any construction, operation, or removal, each person that owns,
operates, or removes a tower-based, non-tower, or small wireless communications
facility shall furnish certificates of insurance to the Township Secretary
evidencing coverage in compliance with the regulations herein. The
failure of the Township of Smithfield to object to the contents of
the certificate(s) of insurance or absence of same shall not be deemed
a waiver of any legal rights held by the Township of Smithfield.
E.
Revocation
of Permit. The failure of any person to construct, operate, or remove
a wireless communications facility without complying with the insurance
coverage and administrative requirements herein shall constitute an
emergency. Upon such emergency, the Township reserves the authority
to revoke the permit of any wireless communications facility for failure
to comply with the insurance coverage and administrative requirements
herein.
F.
Minimum
Insurance Requirements. Each person that owns or operates a tower-based,
non-tower, or small wireless communications facility shall maintain
the following minimum insurance coverages:
(1)
Worker’s compensation and employers liability policy, covering
operations in Pennsylvania. Waiver of subrogation to be included with
documentation provided to the Township Secretary.
(2)
Commercial general liability policy, with limits of no less than
$1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall include the following coverages and endorsements:
(a)
Premises and operations;
(b)
Products/completed operations;
(c)
Independent contractors;
(d)
Personal and advertising injury;
(e)
Blanket contractual liability;
(f)
Explosion, collapse, underground liability (XCU);
(g)
Township of Smithfield and their assigns, officers, employees, volunteers,
representatives and agents should be named as an “additional
insured” on the policy using ISO Additional Insured Endorsement
CG 20 10 11/85 or an endorsement providing equivalent or broader coverage
and shall apply on a primary and noncontributory basis, including
any self-insured retentions;
(h)
The certificate of insurance should show this applies to the general
liability coverage on the certificate, and additional insured endorsement
shall be attached;
(i)
To the extent permitted by Pennsylvania law, each person that owns,
operates, or removes a tower-based, non-tower, or small wireless communications
facility waives all rights of subrogation or similar rights against
the Township of Smithfield, assigns, officers, employees, volunteers,
representatives and agents;
(j)
Cross liability coverage (commercial general liability and business
automobile liability policies only);
(k)
Coverage must be written on an Occurrence Policy Form;
(l)
No deductible or self-insured retention should exceed $50,000.
(3)
Comprehensive automobile policy, with limits of no less than $1,000,000.
Bodily injury and property damage liability including coverage for
owned, any auto nonowned, and hired private passenger and commercial
vehicles. The Township of Smithfield and their assigns, officers,
employees, representatives and agents should be named as an “additional
insured” on the policy. The certificate of insurance should
show this applies to the automobile liability coverage on the certificate,
and additional insured endorsement shall be attached. To the extent
permitted by Pennsylvania law, each person that owns, operates, or
removes a tower-based, non-tower, or small wireless communications
facility waives all rights of subrogation or similar rights against
the Township of Smithfield, assigns, officers, employees, representatives
and agents. Coverage must apply on a primary and noncontributory basis.
(4)
Umbrella liability, with limits of no less than $5,000,000 each occurrence
per WCF location and $5,000,000 general aggregate per WCF location,
including coverage for general liability, automobile, worker’s
compensation. Coverage must be written on an Occurrence Policy Form
and include provisions “G” and “H.”
(5)
Professional liability (if applicable), with limits no less than
$1,000,000 per claim.
G.
Increasing
the Minimum Insurance Requirements. The minimum insurance requirements
specified herein may be increased upon the review and determination
of the Township Board of Supervisors.
H.
Notice
Prior to Cancellation or Expiration of Insurance. The certificate(s)
of insurance shall provide that 30 days’ written notice prior
to cancellation or expiration be given to the Township Secretary via
U.S. Postal Mail. Insurance policies that lapse and/or expire during
term of work shall be recertified and received by the Township Secretary
no less than 30 days prior to expiration or cancellation of the respective
policy.
I.
Requirement
to Indemnify and Hold Harmless. Each person that owns or operates
a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole
cost and expense, indemnify, defend and hold harmless the Township,
its elected and appointed officials, employees and agents, at all
times against any and all claims for personal injury, including death,
and property damage arising in whole or in part from, caused by or
connected with any act or omission of the person, its officers, agents,
employees or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of each of its WCF.
J.
Requirement
to Defend. Each person that owns or operates a tower-based WCF, a
non-tower WCF, or a small WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of each of its WCF.
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.
K.
Indemnification
and Hold Harmless Agreement Requirement. Prior to the initial commencement
of any construction, operation, or removal, each person that owns,
operates, or removes a tower-based, non-tower, or small wireless communications
facility shall furnish an “Indemnification and Hold Harmless
Agreement” to the Township Secretary.
9.
Miscellaneous.
A.
Police
Powers. The Township, by granting any permit or taking any other action
pursuant to this Chapter, does not waive, reduce, lessen or impair
the lawful police powers vested in the Township under applicable Federal,
State and local laws and regulations.
B.
Severability.
If any section, subsection, sentence, clause, phrase or word of this
Section is for any reason held illegal or invalid by any court of
competent jurisdiction, such provision shall be deemed a separate,
distinct and independent provision, and such holding shall not render
the remainder of this Chapter invalid.
C.
Effective
Date. This Section shall become effective five days after enactment
by the Township Board of Supervisors of Smithfield Township.
[Added by Ord. No. 249, 3/27/2023]
1.
Accessory Solar Energy Systems (ASES).
A.
Criteria Applicable to All Accessory Solar Energy Systems:
(1)
ASES shall be permitted as a use by right in all zoning districts.
(2)
The ASES layout, design, installation, and ongoing maintenance
shall conform to applicable industry standards as updated, such as
those of the American National Standards Institute (ANSI), Underwriters
Laboratories (UL), the American Society for Testing and Materials
(ASTM), Institute of Electrical and Electronics Engineers (IEEE),
Solar Rating and Certification Corporation (SRCC), Electrical Testing
Laboratory (ETL), National Electrical Code (NEC), or other similar
certifying organizations, and shall comply with the PA Uniform Construction
Code, and with all other applicable fire and life safety requirements.
Upon completion of installation, the ASES shall be maintained
in good working order in accordance with standards of the codes under
which the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
actions by Smithfield Township in accordance with applicable ordinances.
(3)
All on-site utility, connection lines, and conduit and wiring
shall be placed underground.
(4)
Glare.
(a)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways. Exterior
surfaces shall have a nonreflective finish.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(5)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by the system owner and/or operator, or upon termination of the useful
life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(c)
The ASES owner shall, at the request of the Township, provide
information concerning the amount of energy generated by the ASES
in the last 12 months.
(6)
Zoning/building permit applications shall document compliance
with this section and other applicable sections of the Smithfield
Township Code.
B.
Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems:
(1)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(2)
The total height of a building with an ASES shall not exceed
more than three feet above the maximum building height specified for
principal or accessory buildings within the applicable zoning district.
(3)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning district.
(4)
Solar panels shall not extend beyond any portion of the roof
edge.
(5)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code,
including that the roof or wall is capable of holding the load imposed
on the structure.
C.
Ground-Mounted Accessory Solar Energy Systems:
(1)
Setbacks.
(a)
The minimum yard setbacks from property lines shall be equivalent
to the accessory structure setback in the applicable zoning district.
(2)
Height. Ground-mounted ASES shall comply with the height limits
of the underlying zoning district.
(3)
Stormwater Management.
(b)
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area ("DIA") and, therefore,
will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
1)
Where natural vegetative cover is preserved and/or restored
utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection's Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
2)
Where the vegetative cover has a minimum uniform 70% perennial
vegetative cover with a density capable of resisting accelerated erosion
and sedimentation.
a)
For panels located on slopes of 0% to 15%, a minimum four-inch height
of vegetative cover shall be maintained.
b)
Panels located on slopes greater than 15% cannot
be considered DIA.
c)
The Township strongly discourages the use of chemical
fertilizers and pesticides, though any use of such substance shall
be in accordance with an approved erosion and sediment control plan.
d)
Agrivoltaics, the
co-development of the same area of land for both solar photovoltaic
power and conventional agriculture, may be used, provided that:
[1]
Only shade-tolerant crops may be used;
[2]
Crops must be no-tilled in;
[3]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities or a portion
of the overall farm conservation plan must identify BMPs used; and
[4]
Application of chemical fertilization or herbicides/pesticides
is strongly discouraged by the Township and limited to the agronomic
needs of the crop(s).
(c)
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA shall be treated as impervious
area. These areas shall be included in the predevelopment to post-development
runoff analysis as impervious area to determine the need for post-construction
stormwater management ("PCSM") best management practices.
1)
Use of gravel is permissible under a panel or in the receiving
downhill flow path; however, the use of gravel would not allow the
horizontal area of the solar panel or solar array to be considered
as a DIA.
2)
All impervious areas associated with the ASES, such as roadways
and support buildings, cannot be considered a DIA and shall follow
normal protocols when performing the PCSM stormwater analysis.
(4)
Buffering.
(a)
Ground-mounted ASES shall be buffered from any adjacent residential
uses by a buffer yard of at least 30 feet. Such buffer yard shall
be part of the commercial installation and shall be parallel and adjacent
to the boundary.
(b)
Ground-mounted ASES shall be buffered from any adjacent agricultural
uses by a buffer yard of at least 15 feet. Such buffer yard shall
be part of the commercial installation and shall be parallel and adjacent
to the boundary.
(c)
Ground-mounted ASES shall be buffered from any other adjacent
uses by a buffer yard of at least 20 feet. Such buffer yard shall
be part of the commercial installation and shall be parallel and adjacent
to the boundary.
(5)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(6)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the ASES will not impede stormwater management,
or in any other manner alter or impede stormwater runoff from collecting
in a constructed stormwater conveyance system.
2.
Solar Energy Facility (SEF).
A.
Criteria Applicable to All SEFs:
(1)
The SEF layout, design and installation shall conform to good
industry practice. "Good industry practice" shall mean the practices,
methods, standards, and acts (engaged in or approved by a significant
portion of the solar power industry for similar facilities in similar
geographic areas that are similar in size and complexity), as the
same may change from time to time, that, at a particular time, in
the exercise of reasonable professional judgment in light of the facts
known at the time a decision was made, would have been expected to
accomplish the desired result in a manner consistent with applicable
law, regulation, codes, good business practices, reliability, safety,
environmental protection, economy, and expedition, and shall comply
with the PA Uniform Construction Code and with all other applicable
fire and life safety requirements.
(2)
The application shall include a construction transportation
plan that shows all roadways that will be utilized to access the site,
which shall be forwarded to the municipality for review.
(3)
DC voltage solar array connections may be located above ground.
(4)
AC solar facility connections should be located underground
where feasible. AC solar facility connections may be located above
ground where the applicant can demonstrated to the satisfaction of
the Planning Commission that the overall environmental impacts would
support aboveground location.
(5)
Solar project connections may be located above ground.
(6)
No portion of the SEF shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication of
ownership shall be allowed on any equipment of the SEF, provided it
complies with the prevailing sign regulations.
(7)
Noise Management.
(a)
A noise management plan that addresses noise produced during
construction and during the facilities' operation, to be approved
by the Planning Commission, shall be included with the SALDO application.
(b)
The plan, at a minimum, shall separately address noise during
construction and facility operations and include mitigation and assessment
of the noise that will emulate at the perimeter fence and the contact
information for the individual who is responsible for implementation
and compliance both during construction and operations.
(c)
The volume of sound inherently and recurrently generated shall
be controlled so as not to cause a nuisance to adjacent uses.
(d)
During operation of the SEF, audible sound shall not exceed
a maximum of 60 dBA during daytime hours and 55 dBA during nightime
hours, as measured at the exterior of any occupied building on a nonparticipating
landowner's property.
(8)
Glare.
(a)
All SEFs shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways. Exterior
surfaces shall have a nonreflective finish.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(9)
The SEF owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The SEF owner and/or operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
(10)
Decommissioning.
(a)
The SEF owner is required to notify the Township immediately
upon cessation or abandonment of the operation. The SEF shall be presumed
to be discontinued or abandoned if no electricity is generated by
such system for a period of 12 continuous months.
(b)
The SEF owner shall then have 18 months in which to dismantle
and remove the SEF, including all solar-related equipment or appurtenances
related thereto, including, but not limited to, buildings, cabling,
electrical components, roads, foundations, solar facility connections
and other associated facilities, in accordance with agreements with
landowners and good industry practice.
(c)
To the extent possible, the materials shall be resold or salvaged.
Materials that cannot be resold or salvaged shall be disposed of at
a facility authorized to dispose of such materials by federal or state
law.
(d)
Any soil exposed during the removal shall be stabilized in accordance
with applicable erosion and sediment control standards.
(e)
Any access drive paved aprons from public roads shall remain
for future use unless directed otherwise by the landowner.
(f)
The SEF site area shall be restored to its preexisting condition,
suitable for its prior use, except the landowner may authorize, in
writing, any buffer landscaping or access roads installed to accommodate
the SEF to remain.
(g)
Any necessary permits, such as erosion and sedimentation and
NPDES permits, shall be obtained prior to decommissioning activities.
(h)
At the time of issuance of SALDO approval for the construction
of the SEF, the owner shall provide financial security, in the form
and amount acceptable to the Board of Supervisors and in favor of
the Board of Supervisors, to secure its obligations under this section.
1)
The SEF developer shall, at the time of the SALDO application,
provide Smithfield Township with an estimate of the cost of performing
the decommissioning activities required herein. The solar energy project
owner shall provide financial security of 110% of the estimated cost
of decommissioning. The estimate may include an estimated salvage
and resale value, discounted by a factor of 10%. The decommissioning
cost estimate formula shall be: gross cost of decommissioning activities
minus 90% credit of salvage and resale value equals the decommissioning
cost estimate.
2)
On every fifth anniversary of the date of providing the decommissioning
financial security, the SEF owner shall provide an updated decommissioning
cost estimate, utilizing the formula set forth above, with adjustments
for inflation and cost and value changes. If the decommissioning security
amount increases, the SEF owner shall remit the increased financial
security to Smithfield Township within 30 days of the approval of
the updated decommissioning security estimate by Smithfield Township.
If the decommissioning security amount decreases by greater than 10%,
Smithfield Township shall release from security any amounts held in
excess of 110% of the updated decommissioning cost estimate.
3)
Decommissioning security estimates shall be subject to review
and approval by the Board of Supervisors, and the SEF developer/owner
shall be responsible for administrative, legal, and engineering costs
incurred by Smithfield Township for such review.
4)
The decommissioning security may be in the form of cash deposit,
surety bond, irrevocable letter of credit, cashier's check, or escrow
account from a federal or commonwealth-chartered lending institution
in the amount of 110% of the total proposed decommissioning cost estimate
and in a form satisfactory to the Board of Supervisors and the Township
Solicitor.
5)
Prior to final approval of any SALDO plans for an SEF, the SEF
developer shall enter into a decommissioning agreement with Smithfield
Township outlining the responsibility of the parties under this agreement
as to the decommissioning of the SEF.
(11)
An emergency response plan shall be included with the SALDO
application.
(12)
Permit Requirements.
(a)
The SEF shall comply with the Township's subdivision and land
development requirements through submission of a land development
plan.
(b)
The installation of an SEF shall be in compliance with all applicable
permit requirements, codes, and regulations, including highway occupancy,
driveway permits and road bonding requirements.
(c)
The SEF owner and/or operator shall repair, maintain and replace
the SEF and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
SEF in good repair and operating condition.
B.
Ground-Mounted Principal Solar Energy Systems:
(1)
SEF development area is equal to the total acres of land subject
to lease by the SEF developer. Where the area of land subject to the
lease is greater than 75% of the parcel, the entire parcel will be
considered to be SEF development area.
(2)
Solar Array Locations:
(a)
Solar arrays may be located only on 75% of the total Class I
and II agricultural soils within the SEF development area, unless
the area will be devoted to agrivoltaic activities, in which case
100% of the Class I and II soils may be included in the SEF development
area.
(b)
For each parcel on which an SEF or a component of an SEF is
proposed, a map shall be provided by the applicant detailing the SEF
development area, the constrained area, the Class I and II agricultural
soils, and the portion of the SEF development that may be devoted
to solar arrays.
(c)
Solar arrays shall only be placed within that portion of any
lot that lies within the portion of the SEF development that may be
devoted to solar arrays.
(d)
Solar arrays shall not be located in:
1)
Floodways, as identified in the FEMA FIRM mapping.
2)
Regulated natural and man-made drainage corridors, extending
25 feet from the center line of any such drainage feature, unless
the Board of Supervisors, at SALDO approval, determines a lesser setback
would create less impact to the overall project.
3)
Wetlands. Development may occur on any wetland area of less
than one acre if the Board of Supervisors, at SALDO approval, determines
the development of that area would create less impact to the overall
project. Any such development in a wetland must receive the required
approval of the Pennsylvania Department of Environmental Protection
and/or the United States Army Corps of Engineers.
4)
Wetlands buffer, extending 25 feet from any wetland, unless
the Board of Supervisors, at SALDO approval, determines the development
of that area would create less impact to the overall project.
5)
Slopes in excess of 15%, unless the Board of Supervisors, at
SALDO approval, determines location in an area in excess of 15% would
create less impact to the overall project.
6)
Wooded areas primarily devoted to mature trees in excess of
two acres that would require removal of greater than 20% of mature
trees, unless the Board of Supervisors, at SALDO approval, determines
greater tree removal would create less impact to the overall projects.
For the purpose of this clause, brushes and shrubs are not considered
trees.
7)
Road rights-of-way.
8)
Setback areas, as defined in the underlying zoning district.
(3)
Setbacks.
(a)
The fence as required by Subsection 2B(8), Security, below shall be considered a principal structure for purposes of setbacks. Minimum setbacks shall be in accordance with the zoning district requirements. Where an SEF is adjacent to a residential district, a minimum setback of 50 feet from any residential district shall be required.
(b)
No lot line setback will be required where there is a grouping
of two or more solar energy facilities which are held by a common
owner or leased to a common lessor and which are part of a single
solar energy production development project, where each landowner
has provided a written waiver of the lot line setback.
(c)
The application shall include with the project submission details
of mitigation measures to be implemented to preserve wildlife corridors,
including between solar energy facilities of a solar energy project.
(d)
A minimum of a twenty-five-foot buffer shall be maintained along
either side of any regulated stream or regulatory wetland.
(5)
Stormwater Management.
(b)
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area ("DIA") and, therefore,
will have no increase from the predevelopment to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
1)
Where natural vegetative cover is preserved and/or restored
utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection's Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and revegetating and reforesting disturbed areas using native
species.
2)
Where the vegetative cover has a minimum uniform 70% perennial
vegetative cover with a density capable of resisting accelerated erosion
and sedimentation.
a)
For panels located on slopes of 0% to 15%, a minimum four-inch height
of vegetative cover shall be maintained.
b)
Panels located on slopes greater than 15% cannot
be considered DIA.
c)
The Township strongly discourages the use of chemical
fertilizers and pesticides, though any use of such substance shall
be in accordance with an approved erosion and sediment control plan.
d)
Agrivoltaics may
be used, provided that:
[1]
Only shade-tolerant crops may be used;
[2]
Crops must be no-tilled in;
[3]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities or a portion
of the overall farm conservation plan must identify BMPs used;
[4]
Any grazing, cutting or mowing of the agricultural
crop is limited to a height of no less than four inches;
[5]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs of the crop(s); and
[6]
If the property will be used for the grazing of
livestock, a manure management plan must be developed.
(c)
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA shall be treated as impervious
area. These areas shall be included in the predevelopment to post-development
runoff analysis as impervious area to determine the need for post-construction
stormwater management ("PCSM") best management practices.
1)
Use of gravel is permissible under a panel or in the receiving
downhill flow path; however, the use of gravel would not allow the
horizontal area of the solar panel or solar array to be considered
as a DIA.
2)
All impervious areas associated with the ASES, such as roadways
and support buildings, cannot be considered a DIA and shall follow
normal protocols when performing the PCSM stormwater analysis.
(6)
Buffering. Ground-mounted SEFs shall be screened and buffered
in accordance with the following standards:
(a)
Vegetative buffering, to the extent practical, shall be installed
around the entire perimeter of the SEF installation, except where
the Commissioners determine that the retention of existing trees within
the vegetative buffering area may constitute the required vegetative
buffer or where the Board of Supervisors determines that the solar
panels cannot be viewed from a public roadway or residential building.
(b)
The vegetative buffering shall be installed along the exterior
side of the fencing. All required vegetative buffering shall be located
within 50 feet of the required fencing.
(c)
Vegetative buffering should be designed to emulate the mix of
native species and appearance of existing tree lines, hedgerows, and
wooded areas already in existence within the landscape where the SEF
is proposed. The applicant shall assess the species mix and characteristics
found in existing tree lines, hedgerows, and wooded areas surrounding
the SEF and document that the vegetative buffering is designed to
emulate these characteristics. Arborvitae may be used as vegetative
buffering.
(d)
No less than 20% of vegetative buffering plantings shall be
pollinator-friendly species.
(e)
Vegetative buffering shall be selected to provide year-round
buffering and shall be of sufficient height, density, and maturity
to screen the facility from visibility, as set forth herein, within
36 months of the installation of the SEF.
(f)
A combination of natural topography and vegetation can serve
as a buffer, provided that the SEF will not be visible from public
roads, public parks or existing residences on surrounding properties.
Earthen berms may not be created to serve as a buffer.
(g)
Visibility of an SEF shall be determined as visible in a photograph
taken at a point with a digital camera with an APS-C sensor and a
35 mm focal length lens. An SEF shall be considered to not be visible
provided that no more than 5% of the SEF shall be visible in accordance
with the measure of visibility set forth above.
(7)
Ground-mounted SEFs shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system.
(8)
Security.
(a)
All ground-mounted SEFs shall be completely enclosed by a minimum
eight-foot-high fence and a self-locking gate as deemed appropriate
by the Board of Supervisors at land development plan approval.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence on or
surrounding the SEF informing individuals of potential voltage hazards.
(9)
Access.
(a)
At a minimum, a fourteen-foot-wide stabilized access road must
be provided from a state or Township roadway to the SEF site that
is maintained in a dust-free condition. The SEF developer shall obtain
a permit from the appropriate jurisdiction for the construction of
the access road.
(b)
At a minimum, a twenty-foot-wide cartway shall be provided on
the inside of the perimeter fencing between the fence and solar array.
(c)
Spacing between solar array rows shall allow access for maintenance
vehicles and emergency vehicles.
(10)
The ground-mounted SEF shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
C.
Roof- and Wall-Mounted Principal Solar Energy Facility:
(1)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code,
including that the roof or wall is capable of holding the load imposed
on the structure.
(2)
The total height of a building with a roof- or wall-mounted
system shall not exceed more than three feet above the maximum building
height specified for principal or accessory buildings within the applicable
zoning district.
(3)
Roof- and wall-mounted principal solar energy facilities are
permitted in any zoning district where the building upon which they
will be mounted is a permitted use.
