This chapter shall be known and may be cited
as the "Upper Providence Township Zoning Ordinance."
The community development objectives of the
Township are as follows:
A. Guiding the future
development of the Township in accordance with comprehensive planning
of land use and population; the most beneficial relationships among
the residential, commercial, industrial and recreational areas within
the Township, having regard to their suitability for the various uses
appropriate to each of them as indicated by topography and soil conditions,
existing man-made conditions and population trends; and considering
such conditions and trends both within the Township and with respect
to the relation of the Township to surrounding areas.
B. Protecting the
character and social and economic stability of each of such areas
and guiding their orderly and beneficial growth.
C. Protecting and
conserving the value of land and buildings throughout the Township
appropriate to the various zoning districts established herein.
D. Bringing about
a beneficial relationship between land use and traffic circulation
and the avoidance of congestion in the streets and the provision of
safe and convenient access appropriate to the various land uses.
E. Fostering the
efficient provision of public facilities and services and their relationship
to the orderly growth and development of the Township.
A. For new uses and
structures. In all districts, after the effective date of this chapter,
any new building or other structure or any tract of land shall be
constructed, developed and used only in accordance with the regulations
specified for each district.
B. For existing uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of Article
III.
C. Limitation on
principal uses and/or buildings. Except as may be permitted in a specific
zoning district, no more than one principal use or building may be
permitted per lot.
[Added 12-16-1991 by Ord. No. 307]
[Amended 12-10-1979 by Ord. No. 211; 10-19-1981 by Ord. No.
224; 4-4-1988 by Ord. No. 278; 8-6-1990 by Ord. No. 300; 6-15-1992 by Ord. No. 312; 10-4-1993 by Ord. No. 321; 5-20-2002 by Ord. No.
414; 7-15-2002 by Ord. No. 419; 3-15-2004 by Ord. No. 434; 3-20-2006 by Ord. No. 458; 12-15-2008 by Ord. No. 495; 9-16-2013 by Ord. No.
529]
For the purposes of this chapter, the Township
is hereby divided into districts, which shall be designated as follows:
FP
|
Floodplain Conservation District
|
R-1
|
Residential-Agricultural District
|
R-2
|
Residential District
|
R-3
|
Residential District
|
R-4
|
Residential District
|
OSR-1
|
Open Space Residential Community District -
1
|
OSR-2
|
Open Space Residential Community District -
2
|
VP
|
Village Preservation District
|
GCR
|
Golf Course Residential Community District
|
ARR
|
Age-Restricted Residential Community District
|
CL
|
Cluster Development District
|
MH
|
Mobile Home Development District
|
IN
|
Institutional District
|
NC
|
Neighborhood-Convenience Commercial District
|
CRSC
|
Community and Regional Shopping Center District
|
PBO
|
Professional and Business Office District
|
M-1
|
Office and Limited Industrial District
|
IO-1
|
Interchange Office District
|
IO-2
|
Interchange Office Support District
|
IO-3
|
Interchange Office, Retail, Service and Recreation
District
|
M-2
|
Manufacturing Industrial District
|
SS
|
Steep Slope Conservation District
|
OSC
|
Open Space Conservation District
|
TDR
|
Transfer of Development Rights District
|
VCO
|
Village Commercial and Office District
|
Any lot, as well as the open space reserved
on it, must equal or exceed the minimum sizes prescribed by this chapter
for the district in which the lot is located.
[Added 2-20-2001 by Ord. No. 401]
Corner lots shall have a front yard on each
street which the lot abuts and therefore must have a minimum of two
front yards. The remaining yards shall be side or rear yards. There
shall be a minimum of one rear yard and one side yard. The lot owner
or developer may designate which yard is the rear yard and which is
the side yard. If the shape of the lot is such that following the
requirements of this provision is unclear or infeasible, the Zoning
Officer shall determine the yard designations for the lot. The designation
of the various yards shall be included on any record plan of subdivision
and be included in the deed for each corner lot. The designations
of the various yards is a single designation and, once made, is applied
to the lot in perpetuity.
The areas within the Township limits as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the
Zoning Map, which is declared to be a part of this chapter and shall be kept on file by the Township Manager.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the
Zoning Map, the following rules shall apply:
A. When the boundary
of a zoning district is established by a right-of-way, road, highway
or alley, the zoning district shall be construed as extending to the
center line of such right-of-way, road, highway or alley. When a right-of-way,
road, highway or alley is contained wholly within a zoning district,
then such right-of-way, road, highway or alley shall be construed
as entirely within and part of that zoning district. Where the official
map illustrates particular roadways in white or without showing a
zoning district to the center of a roadway, this is only for ease
of viewing, and when interpreting the map this provision shall be
deemed controlling with respect to zoning district boundaries.
[Amended 3-15-2021 by Ord. No. 588]
B. Boundaries indicated
as approximately following plotted lot lines shall be construed as
following such lines.
C. Boundaries indicated
as approximately following Township boundaries shall be construed
as following such boundaries.
D. Boundaries indicated
as following railroad lines shall be construed to be midway between
the main tracks.
E. Boundaries indicated
as following streams and rivers shall be construed to follow the center
lines of the same.
F. Boundaries indicated as parallel to or extensions of features indicated in Subsections
A through
E above shall be so construed. Distances not specifically indicated on the
Zoning Map shall be determined by the scale of the map.
G. Where physical features existing on the ground are at a variance with those shown on the Official
Zoning Map or in other circumstances not covered by Subsections
A thorough F above, the Zoning Officer shall make an initial determination. Thereafter, any party may appeal his decision to the Zoning Hearing Board, which, upon appeal, shall interpret the district boundaries.
H. When a district
boundary line divides a lot held in single and separate ownership
as of the effective date of this chapter or a subsequent amendment
thereto, the regulations as to use in the less restrictive district
may, when authorized as a special exception, extend over the portion
of the lot in the more restrictive district, to the nearest lot line,
but in no case a distance greater than 50 feet; provided, however,
that the setbacks, coverages, height and all other developmental regulations
of the less restrictive district shall not be so extended. The Zoning
Hearing Board may require suitable buffering if the use on the abutting
lot is different than the use being extended by application of this
provision; provided, however, that this provision does not imply permission
to extend uses into either the Floodplain Conservation District or
the Steep Slope Conservation District which are not normally permitted
in those districts.
[Added 12-16-1991 by Ord. No. 307]
[Amended 9-20-1982 by Ord. No. 231]
For a lot of public record in single and separate ownership at the time of enactment of this chapter or applicable amendment thereto which does not meet the minimum area or lot width requirements of the district in which it is located, the provisions of §
300-77 herein shall apply.
No lot shall be so reduced that the area of
the lot or the dimensions of the required open space shall be less
than herein prescribed.
On corner lots, no physical improvements on
planting areas shall be erected, altered or maintained within the
required yards which shall cause obstruction to drivers' vision from
the abutting intersection. A sight triangle is a triangle whose legs
are the sides of a cartway and an access way which intersects it,
with each leg being not less than 30 feet from the point of intersection
of the two legs.
[Amended 12-10-1979 by Ord. No. 211; 9-20-1982 by Ord. No.
231; 12-16-2013 by Ord. No. 535]
No structure shall be erected without direct access over the same lot. Such access shall be at least 50 feet wide and shall extend from the structure to a public road. This section shall not be construed to apply to access to individual units within the R-3 and R-4 Residential Districts, which is provided for under §§
300-203B(5) and
300-221B(5), respectively, and access to parcels within the VCO District, which is provided for under §
300-492B8(a). Additionally, the Board of Supervisors may require that access be taken from a private road with access to a public road, if a private road borders the proposed site; all easements and other required documentation shall be filed with the Township.
[Amended 9-20-1982 by Ord. No. 231]
Existing lots for which access to a public road is not in compliance with §
300-12 may be built upon only when authorized by a variance. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be included. The strip of ground connecting the lot with the public road shall be used as access to only the particular lot of which it is a part.
[Added 12-16-1991 by Ord. No. 307]
Newly created rear lots may be allowed only
upon approval of the Board of Supervisors, upon recommendation by
the Planning Commission.
A. Purposes for
use of rear lots. Rear lots may be allowed when one or more of the
following purposes are served:
(1) To preserve
existing farmland and/or rural appearance and character by locating
building areas remote from existing road frontage.
(2) To permit
reasonable subdivision of land which is physically constrained by
unusual configuration of the tract or limited road frontage and which
could not be subdivided in a desirable manner using traditional road
and lotting patterns.
(3) When future
subdivision of a tract is contemplated and supported by a tentative
sketch of the entire parcel and when rear lotting serves to reduce
the number of access points from existing roads by providing for a
common access driveway along an access strip which is reserved for
future use as a road right-of-way.
(4) To permit
an alternative to the construction of new residential roads, where
such roads cannot be justified in terms of the number of lots served,
volume of traffic generated and/or the need to extend access to adjacent
tracts.
B. Design requirements. In addition to the regulations for rear lots contained in §
270-54 of Chapter
270, Subdivision and Land Development, the following design requirements shall apply to all rear lots:
(1) For each
rear lot created, there shall be a corresponding road frontage lot
containing at least the minimum lot width at the building setback
line for the applicable zoning district. The frontage lot shall be
located in front of and adjacent to the rear lot being created.
(2) The access
strip shall be a fee simple part of the rear lot and extend from the
public road to the developable portion of the lot which it serves.
The access strip shall not be a separate lot or easement over another
lot.
(3) The access
strip shall be a minimum of 50 feet in width for its entire length
from the road right-of-way to the developable portion of the lot,
unless additional width is necessary or desirable for drainage, grading
or preservation of natural features.
(4) The area
of the access strip shall not be part of the minimum lot area required
for the applicable zoning district.
(5) The minimum
front yard depth shall be measured along the property line which most
nearly parallels the street upon which the rear lot fronts.
Accessory uses authorized in this chapter shall
include any of the following or similar uses:
A. Uses accessory
to land cultivation.
(2) Preparation
of products produced on the premises for use by residents only.
B. Uses accessory
to dwelling.
[Amended 2-21-1978 by Ord. No. 197; 6-15-1987 by Ord. No.
271]
(1) Private garage,
children's playhouse, private swimming pool, parking space, private
stables, barn, shelter for pets.
(2) Noncommercial
greenhouses.
(4) Temporary unit for relative (in-law suite). A temporary
dwelling unit may be established as an accessory use to a principal
single-family dwelling unit if the following requirements are met:
[Added 8-1-2011 by Ord. No. 517]
(a) The unit shall be totally
enclosed within the principal building.
(b) The principal dwelling
unit shall be owner-occupied.
(c) An internal connection
shall be maintained as a means of access between the principal and
accessory dwelling units.
(d) The owners shall file
a written covenant in the Montgomery County's Recorder of Deeds office
that prohibits the use of the property as two or more dwelling units.
The covenant must be approved by the Township Solicitor.
(e) Immediate family members
are limited to parents, grandparents, children, grandchildren, siblings,
aunts, uncles, stepparents, and stepchildren.
C. Uses accessory
to residential subdivisions or land developments.
[Added 2-5-1996 by Ord. No. 350]
(1) Sales trailer
or similar temporary structure used in connection with the sale of
lots, single-family detached houses or other dwelling units in new
residential subdivisions or land developments; provided, however,
that the trailer or structure and any ancillary parking facilities
are located only within the building envelope on an approved residential
lot in the subdivision or within the area approved for development
of residential units in the case of development of non-single-family
detached homes, and further provided that said sales structure shall
be removed within seven days following the issuance of a certificate
of occupancy for the first sample in the subdivision or phase of subdivision
or development or phase of development with which the sales structure
is associated.
D. Permits required.
Construction of any accessory use which is either a structure or building,
as defined in this chapter, shall require the issuance of a zoning
permit, regardless of the size of its footprint.
[Added 3-15-2004 by Ord. No. 435]
E. Limitation on
number of accessory structures and/or uses. The number of accessory
structures and/or uses on any individual lot shall be limited as follows:
No more than 3% of the lot area shall be devoted to the cumulative
total for such structures and/or uses for lots with lot areas up to
and including 20,000 square feet, and no more than 2% of the lot area
shall be devoted to the cumulative total for such structures and/or
uses for lots with lot areas greater than 20,000 square feet; provided,
however, that in no case shall the total number of accessory uses
and/or structures on any lot exceed three, exclusive of one swimming
pool; further provided, that nothing in this section shall be construed
to allow greater building coverage than is otherwise permitted in
the zoning district in which the lot is located.
[Added 3-15-2004 by Ord. No. 435]
[Amended 9-17-1990 by Ord. No. 301; 12-16-1991 by Ord. No.
307; 3-15-2021 by Ord. No. 588; 8-15-2022 by Ord. No. 595]
Except where stricter requirements apply, an accessory building may be erected within side or rear yards, provided that it is located at least as far back from the street line as the foremost portion of the principal building and provided, further, that the minimum distance between the building and side and/or rear lot line is five feet. When an accessory building is located on a corner lot the accessory building may be placed in a yard defined as the front yard for a corner lot (defined in §
300-6 herein), as long as that yard is not the front yard in which the primary structure predominantly faces. Any ambiguity regarding the yard area that the primary structure predominantly faces shall be determined by the Zoning Officer. Where a front yard of a corner lot allows for the placement of an accessory structure, it is subject to the same minimum five-foot setback as set forth herein for side and rear yards.
No structure and no part of a structure shall
be erected within or shall project into any minimum required yard
in any district, except that:
A. An unenclosed
porch, not more than 14 feet in height, may be erected to extend into
a required front or rear yard a distance of not more than 10 feet,
provided that in no case shall it extend into such front or rear yard
more than 1/2 the existing depth of the yard.
B. A terrace, platform
or landing place not covered by a roof, canopy or trellis, which does
not extend above the level of the first floor of the building, may
be erected to extend into a required yard a distance of not more than
12 feet, provided that it shall not extend into such yard more than
40% of the existing depth or width of the yard.
C. A buttress, chimney,
cornice, pier or pilaster of a building may project not more than
18 inches into a required yard.
[Amended 2-21-1978 by Ord. No. 197]
D. Open, unenclosed
fire escapes, steps, bay windows and balconies may project not more
than three feet into a required yard.
Exceptions to the maximum height specified in
each district shall be governed by the following:
A. Chimneys, spires,
towers, skylights, tanks, radio or television aerials or similar uses
or structures shall not be included in calculating the height where
such structures are customary vertical projections of a permitted
building.
B. In any residential
district the prescribed basic height limit may be exceeded by one
foot for each foot by which the width of each side yard and the depth
of each rear yard are increased beyond the minimum requirements, up
to a maximum of 10 feet.
A. Mobile homes
are a permitted use in R-1, R-2 and R-3 Residential Districts, provided
that they meet the applicable requirements for single-family detached
dwellings as set forth herein. In any land development involving mobile
homes, the mobile homes shall be considered as single-family detached
dwellings requiring sewerage and water facilities and meeting all
of the requirements of the respective district.
B. Tracts of sufficient size to accommodate more than one lot and zoned to permit single-family detached dwellings may be utilized for the erection of more than one mobile home, provided that all regulations of that zoning district, all standard requirements applicable to the subdivision of land for single-family detached dwellings and all other applicable requirements are met. In addition, on tracts of 15 acres or greater in size, mobile homes may be grouped in a planned mobile home development, provided that compliance is made with all requirements of Article
XX, Mobile Home Development District, of this chapter and all regulations specified in Article
VII, Mobile Home Developments, of Chapter
270, Subdivision and Land Development, and all other applicable regulations.
[Added 12-10-1979 by Ord. No. 209]
[Added 12-10-1979 by Ord. No. 209]
Modular construction may be used to create detached modular homes (one dwelling unit per structure) or attached modular homes (two or more dwelling units per structure). Detached modular homes are considered single-family detached dwellings and accordingly are allowed in any zoning district in which single-family detached dwellings are a permitted use. Similarly, attached modular homes are allowed in any zoning district in which similar conventionally built dwellings containing two or more dwelling units are a permitted use. All requirements of this chapter and Chapter
270, Subdivision and Land Development, or other regulations applicable to single-family detached or attached dwellings, as appropriate, are applicable to modular homes.
[Added 10-17-1994 by Ord. No. 329]
A. Community residential programs as defined within §
300-90 of this chapter shall be permitted in any district in which other residential uses are allowed. In any such district in which there is more than a single set of area and width regulations, community residential programs shall meet the area and width regulations for single-family dwellings. Community residential programs which are intended to accommodate more than six handicapped individuals, excluding staff who do not reside on the property, shall only be permitted in an IN Institutional District and shall meet the applicable requirements of that district.
B. Parking for a community residential program shall be provided in accordance with the requirements of §
300-576A(1),
(2) or
(3), as applicable. In addition, one additional all-weather parking space shall be provided for each resident who is permitted by the Commonwealth of Pennsylvania to operate a motor vehicle.
C. It is the intent
of this section to make reasonable accommodations in the rules, policies
and practices within this Township to afford all handicapped or disabled
persons equal opportunity to use and enjoy a dwelling in satisfaction
of the requirements of the Fair Housing Act (42 U.S.C. § 3601
et seq.), as amended, and the applicable regulations of the Pennsylvania
Human Relations Commission as they pertain to housing accommodations
for any person on the basis of a protected class as such term is defined
by said regulations. No provision of this chapter shall require that
a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage to the
property of others.
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public utility corporation if, upon petition of such corporation,
the Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public;
nor shall this chapter apply to any building of the Township, or extension
thereof, or to the use of any premises by the Township.
[Amended 9-17-1990 by Ord. No. 301]
No section of this chapter shall be construed
to prohibit condominium ownership as permitted by the Uniform Condominium
Act (68 Pa.C.S.A. § 3101 et seq.).
[Amended 12-16-1991 by Ord. No. 307; 8-6-2001 by Ord. No.
405]
A. Helistops are permitted uses in the CRSC, M-1, M-2 and IO-1 Districts. Heliports are permitted as conditional uses in the M-1 and M-2 Districts, and helistops are permitted as conditional uses in the IO-2 District, upon approval of the Board of Supervisors in accordance with the requirements of §
300-60 of this chapter. All applications for helistops and heliports, either as permitted uses or conditional uses, shall be subject to the following provisions:
(1) The proposed
use would not be detrimental to the health, welfare and safety of
Township residents and their property.
(2) New heliports
and helistops will be designed to the current Federal Aviation Administration's
(FAA) AC150/5390 heliport design guide or subsequently applicable
FAA advisory circular. Existing heliports and helistops will be grandfathered
to the design guide under which they were constructed.
(3) Upon the
granting of approval by the Board of Supervisors, the Zoning Officer
shall issue a permit for a one-year period which must be renewed annually.
If at any time the conditions of the approval or any other conditions
imposed by the Board of Supervisors are violated, the permit may be
revoked by the Zoning Officer.
(4) All applicable
FAA and/or Pennsylvania Department of Transportation Bureau of Aviation
permits and/or licenses required to operate the facility have been
granted and copies of said permits or licenses are on file with the
Township. Any restrictions imposed by the FAA and/or Pennsylvania
Department of Transportation Bureau of Aviation shall be additional
to those imposed by the Township and shall govern in the event of
any conflict between Township and FAA and/or Pennsylvania Department
of Transportation Bureau of Aviation requirements. In the event of
transfer of ownership of the helistop or heliport, permission to operate
said facility shall be considered withdrawn unless and until all appropriate
FAA permits and/or licenses have been transferred to the new owner
and have been refiled with the Township.
B. It shall be unlawful
for any person to land, discharge, load or take off in a helicopter
any place within the Township other than at a helistop or heliport,
except:
(1) In conjunction
with a special event such as an athletic contest, a holiday celebration,
parade or similar activity, after seven days' advance notice has been
given to the Zoning Officer and permission obtained to make such landing
and takeoff.
(2) When necessary
for law enforcement purposes and for emergencies.
(3) In connection
with a construction project where a helicopter is to be used to lift
equipment in connection with such project.
[Added 6-1-1998 by Ord.
No. 372; amended 2-21-2017 by Ord. No. 559; 8-15-2022 by Ord. No. 594]
A. Applicability.
(1) Preexisting wireless communications
facilities. Wireless communications facilities for which a permit
has been issued prior to the effective date of this section shall
not be required to meet the requirements of this section.
(2) Exclusion for amateur radio
facilities. This section shall not govern the installation of any
amateur radio facility that is owned or operated by a federally licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
(3) Relationship to other chapters.
This section shall supersede all conflicting requirements of other
chapters of this code regarding the locating and permitting of wireless
communications facilities.
B. Regulations applicable to all
wireless communications facilities.
(1) Standard of care. All WCFs
shall meet or exceed all applicable standards and provisions of the
FAA, the FCC and any other agency of the state or federal government
with the authority to regulate wireless communications facilities,
the latest National Electrical Safety Code (NESC), American National
Standards Institute (ANSI) Code, and the structural standards of the
American Association of State Highway and Transportation officials
or any other industry standard applicable to the structure. In case
of conflict, the most stringent requirements shall prevail. All necessary
certifications shall be obtained by the WCF applicant and provided
to the Township.
(2) Engineer signature. All plans
and drawings included in an application for a WCF shall contain a
seal and signature of a professional engineer, licensed in the Commonwealth
of Pennsylvania.
(3) Eligible facilities requests.
(a) WCF applicants proposing
a modification to an existing WCF shall be required only to obtain
a building permit from the Township Zoning Officer. In order to be
considered for such permit, the WCF applicant must submit a permit
application to the Township Director of Planning and Zoning in accordance
with applicable permit policies and procedures. Such permit application
shall clearly state that the proposed modification constitutes an
eligible facilities request pursuant to the requirements of 47 CFR
1.6100. The permit application shall detail all dimensional changes
being made to the WCF and wireless support structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b) Timing of approval.
[1] Within 30 calendar
days of receipt of a complete application for the modification of
an existing WCF, the Township Director of Planning and Zoning shall
notify the WCF applicant in writing of any information that may be
required to complete such application.
[2] Within 60 days of receipt
of a complete application for the modification of an existing WCF,
the Township Director of Planning and Zoning shall issue the required
building and zoning permits authorizing construction of the WCF.
(4) Wind and ice. All WCFs 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/TIA-222,
as amended), or to the industry standard applicable to the structure.
(5) Aviation safety. WCFs shall
comply with all federal and state laws and regulations concerning
aviation safety.
(6) Public safety communications.
WCFs shall not interfere with public safety communications or the
reception of broadband, television, radio or other communication services
enjoyed by occupants of nearby properties.
(7) Radio frequency emissions.
A 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 WCF applicant shall submit proof of compliance with all
applicable standards relating to radio frequency emissions as part
of any complete WCF application.
(8) Noise. 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.
(9) Nonconforming wireless support
structures. WCFs shall be permitted to collocate upon existing nonconforming
wireless support structures. Collocation of WCFs upon existing wireless
support structures is encouraged even if the wireless support structure
is nonconforming as to use within a zoning district.
(10) Inspections; reports. Wireless
communications facilities shall be inspected at least once every five
years to ensure structural integrity and compliance with applicable
federal, state and local codes and regulations. Inspection reports
shall be submitted to the Township upon request.
(11) Permit fees. The Township
may assess appropriate and reasonable permit fees directly related
to the Township's actual costs in reviewing and processing the application
for approval of a WCF, as well as related inspection, monitoring,
and related costs. Such permit fees shall be established by the Township
fee schedule.
(12) Indemnification. Each person
that owns or operates a 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 the WCF. Each person that owns or operates
a 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 a 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.
(13) Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this §
300-25.
(14) Abandonment; removal. In
the event that use of a WCF is 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. A WCF not operated
for a period of 12 months shall be considered abandoned. Discontinued
or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(a) All abandoned or unused
WCFs and accessory equipment shall be removed within 90 days of the
cessation of operations at the site or receipt of notice that the
WCF has been deemed abandoned by the Township, unless a time extension
is approved by the Township.
(b) If the WCF or accessory
equipment is not removed within 90 days of the cessation of operations
at a site, or within any longer period approved by the Township, the
WCF and/or associated facilities and equipment may be removed by the
Township and the cost of removal assessed against the owner of the
WCF regardless of the owner's or operator's intent to operate the
WCF in the future.
(c) The Township reserves
the right to pursue all available remedies under the law to ensure
removal of the WCF and restoration of the site at the expense of the
owner. Any delay by the Township in taking action shall not invalidate
the Township's right to take action.
(d) Where there are two or
more users of a single WCF, this provision shall not become effective
until all users have terminated use of the WCF for a period of 12
months.
(15) Maintenance. The following
maintenance requirements shall apply:
(a) All WCFs shall be fully
automated and unattended on a daily basis and shall be visited only
for maintenance, repair or replacement.
(b) Such maintenance shall
be performed to ensure the upkeep of the WCF in order to promote the
safety and security of the Township's residents and in accordance
with all applicable Township, state and federal regulations.
(c) All maintenance activities
shall utilize nothing less than the best available technology for
preventing failures and accidents.
(16) Insurance.
(a) Each person that owns
or operates a tower-based WCF shall provide the Director of Planning
and Zoning with a certificate of insurance evidencing general liability
coverage in the minimum amount of $5,000,000 per occurrence and property
damage coverage in the minimum amount of $5,000,000 per occurrence
covering the tower-based WCF.
(b) Each person that owns
or operates a nontower WCF or small WCF shall provide the Director
of Planning and Zoning with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the WCF.
(17) Engineer signature. All
plans and drawings for a WCF shall contain a seal and signature of
a professional structural engineer, licensed in the Commonwealth of
Pennsylvania.
C. Specific requirements for small
wireless communications facilities.
(1) Small WCFs shall be a permitted use in all Township zoning districts, subject to the requirements of this §
300-25 and applicable permitting by the Township.
(2) Application procedures.
(a) Applications for small
WCFs shall be submitted to the Township Director of Planning and Zoning.
(b) Applications for small
WCFs shall include the following:
[1] A cover letter detailing
the location of the proposed site, all equipment being proposed as
part of the small WCF, and a certification that the WCF applicant
has included all information required by the Township Code, signed
by a representative of the WCF applicant.
[2] A before-and-after
depiction of the proposed site, such as a construction drawing, showing
all equipment being proposed as part of the small WCF.
[a] If the small WCF
is proposed for location on an existing or replacement wireless support
structure that currently supports existing attachments, the depiction
shall show the location and dimensions of all such attachments.
[b] If installation
of a new or replacement wireless support structure is being proposed,
the depiction shall include the color, dimensions, material and type
of wireless support structure proposed.
[3] The manufacturer and
model, proposed location, and physical dimensions (including volume)
of each piece of equipment proposed as part of the small WCF.
[4] An aerial photograph
of the proposed site showing the area within 500 feet of the small
WCF. The aerial photograph shall identify all structures within such
radius.
[5] Photo simulations depicting
the small WCF from at least three locations near the proposed site.
The photo simulations should reflect the proposed design and location
of all equipment associated with the small WCF.
[6] A written certification
by a structural engineer licensed in the Commonwealth of Pennsylvania
confirming that the proposed small WCF and wireless support structure
are structurally sound and shall not endanger public health and safety.
[7] A report by a qualified
engineering expert which shows that the small WCF will comply with
applicable FCC regulations, including applicable standards for radiofrequency
emissions.
[9] Certification of the application's compliance with all requirements of this §
300-25.
[10] All application fees
required by the Township as detailed in the Township fee schedule.
(c) Timing of approval.
[1] Within 10 business
days of the date that an application for a small WCF is filed with
the Township Director of Planning and Zoning, the Township shall notify
the WCF applicant in writing of any information that may be required
to complete such application. The applicant may then resubmit its
application, at which point the applicable timeframe for approval
shall restart. Any subsequent notice of incompleteness shall be issued
within 10 business days of receipt of a resubmitted application and
shall toll the applicable timeframe for approval until such time as
the application is resubmitted.
[2] Within 60 days of receipt
of an application for collocation of a small WCF on a preexisting
wireless support structure, the Township Director of Planning and
Zoning shall make a final decision on whether to approve the application
and shall notify the WCF applicant in writing of such decision.
[3] Within 90 days of receipt
of an application for a small WCF requiring the installation of a
new or replacement wireless support structure, the Township Director
of Planning and Zoning shall make a final decision on whether to approve
the application and shall notify the WCF applicant in writing of such
decision.
[4] If the Township denies
an application for a small WCF, the Township shall provide the WCF
applicant with written documentation of the basis for denial, including
the specific provisions of the Township Code on which the denial was
based, within five business days of the denial.
[5] The WCF applicant may
cure the deficiencies identified by the Township and resubmit the
application within 30 days of receiving the written basis for the
denial without being required to pay an additional application fee.
The Township shall approve or deny the revised application within
30 days of the application being resubmitted for review.
(d) Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under §
300-25C(2)(c) be extended by 15 days.
(3) Location and development
standards.
(a) Small WCFs in the public
ROW requiring the installation of a new wireless support structure
shall not be located in front of any building entrance or exit.
(b) All small WCFs shall comply
with the applicable requirements of the Americans with Disabilities
Act and all Township Code requirements applicable to streets and sidewalks.
(4) Time, place and manner. Once
approved, the Township shall determine the time, place and manner
of construction, maintenance, repair and/or removal of all small WCFs
in the ROW based on public safety, traffic management, physical burden
on the ROW, and related considerations.
(5) Obstruction. Small WCFs 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.
(6) Graffiti. Any graffiti on
a small WCF, including the wireless support structure and any accessory
equipment, shall be removed at the sole expense of the owner within
10 calendar days of notification by the Township.
(7) Design standards. All small
WCFs in the Township shall comply with the requirements of the Township
Small Wireless Communications Facility Design Manual. A copy of such
shall be kept on file at the Township Department of Community Development.
(8) Obsolete equipment. As part
of the construction, modification or replacement of a small WCF, the
WCF applicant shall remove any obsolete or abandoned equipment from
the wireless support structure.
(9) 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:
(a) The construction, repair,
maintenance or installation of any Township or other public improvement
in the right-of-way;
(b) The operations of the
Township or other governmental entity in the right-of-way;
(c) Vacation of a street or
road or the release of a utility easement; or
(d) An emergency that constitutes
a clear and immediate danger to the health, welfare, or safety of
the public as determined by the Township.
(10) Time limit for completion
of construction. The proposed collocation, the modification or replacement
of a wireless support structure or the installation of a new wireless
support structure with small WCF attached for which a permit is granted
under this section shall be completed within one year of the permit
issuance date unless the Township and the WCF applicant agree in writing
to extend the period.
(11) 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 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.
D. Specific requirements for nontower
wireless communications facilities.
(1) The following regulations
shall apply to all nontower WCFs that do not meet the definition of
a small WCF:
(a) Small WCF exemption. Nontower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this §
300-25D. Such small WCFs shall be subject only to applicable permitting and the requirements of §
300-25B and
C.
(b) Permitted in certain districts. Nontower WCFs shall be permitted outside the public rights-of-way in all zoning districts as a conditional use, subject to the requirements of this §
300-25 and applicable permitting by the Township.
(c) Development regulations.
[1] The total height of
any nontower WCF shall not exceed 20 feet above the preexisting height
of the wireless support structure to which the WCF is attached.
[2] In accordance with
industry standards, all nontower WCF applicants must submit documentation
to the Township showing that the proposed nontower WCF is designed
to be the minimum height technically feasible and justifying the total
height of the nontower WCF.
[3] If the WCF applicant
proposes to locate the accessory equipment in a separate building,
the building shall comply with the minimum requirements for the applicable
zoning district.
[4] A security fence of
not less than six feet and not more than eight 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.
(d) Design.
[1] In order to assist
in evaluating the visual impact, the WCF applicant shall provide color
photo simulations showing the proposed site of the nontower WCF with
a photo-realistic representation of the proposed WCF as it would appear
viewed from the closest residential property, adjacent roads and from
other locations as required by the Township.
[2] Nontower WCF shall
employ stealth technology and be treated to match the wireless support
structure in order to minimize aesthetic impact. The application of
the stealth technology utilized by the WCF applicant shall be subject
to the approval of the Township.
[3] Nontower WCFs shall,
to the extent technically feasible, incorporate architectural features,
materials and colors which blend with surrounding buildings, structures,
terrain or landscape. Applications for nontower WCFs shall be subject
to review and approval by the Design Review Board.
[4] Nontower WCFs and accessory
equipment must be of a neutral color that is identical to or closely
compatible with the wireless support structure so as to make the WCF
and accessory equipment as visually unobtrusive as possible. Roof-mounted
nontower WCFs shall match existing air-conditioning units, stairs,
elevator towers or other background as nearly as possible.
(e) Prohibited on certain
structures. No nontower WCF shall be located on single-family detached
residences, single-family attached residences, semidetached residences,
duplexes, or any residential accessory structure.
(f) Third party wireless support
structures. Where the nontower WCF is proposed for collocation on
a wireless support structure that is not owned by the WCF applicant,
the WCF applicant shall present documentation to the Director of Planning
and Zoning that the owner of the wireless support structure has authorized
collocation of the proposed nontower WCF.
(g) Historic buildings. No
nontower WCF may be located within 100 feet of any property, or on
a building or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, located within a historic district,
or is included in the official historic structures list maintained
by the Township.
(h) 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 at its sole discretion and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF 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.
(i) Substantial change. Any
substantial change to a WCF shall require notice to be provided to
the Township Director of Planning and Zoning, and possible supplemental
permit approval as determined by the Township Director of Planning
and Zoning in accordance with the Township Code.
(j) Timing of approval.
[1] Within 30 calendar
days of the date that an application for a nontower WCF is filed with
the Township Director of Planning and Zoning, the Township Director
of Planning and Zoning shall notify the WCF applicant in writing of
any information that may be required to complete such application.
[2] Within 90 days of receipt
of a complete application for a nontower WCF, the Township Director
of Planning and Zoning shall make a final decision on whether to approve
the application and shall notify the WCF applicant in writing of such
decision.
E. General and specific requirements
for tower-based wireless communications facilities.
(1) The following regulations
shall apply to all tower-based wireless communications facilities:
(a) Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this §
300-25E. Such small WCFs shall be subject only to applicable permitting and the requirements of §
300-25B and
C.
(b) Tower-based WCFs are permitted outside the public rights-of-way in all nonresidential zoning districts, not including overlay districts, as a conditional use, subject to the requirements of this §
300-25 and applicable permitting by the Township. Tower-based WCFs shall not be permitted in any Open Space Conservation District.
(c) Conditional use. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this §
300-25E.
[1] Upon submission of
an application for a tower-based WCF and the scheduling of the public
hearing upon the application, the WCF applicant shall send via first
class mail notice to all owners of every property within 500 feet
of the proposed facility, advising of the subject matter and date
of such hearing. Such notice shall be sent at least 10 days in advance
of any such hearing. The WCF applicant shall provide proof of the
notification to the Board of Supervisors along with the list of return
receipts received.
[2] Prior to the Board
of Supervisors' approval of a conditional use authorizing the construction
and installation of a tower-based WCF, it shall be incumbent upon
the WCF applicant for such conditional use approval to prove to the
reasonable satisfaction of the Board of Supervisors that the WCF applicant
cannot adequately extend or infill its communications system by the
use of equipment installed on existing structures, such as utility
poles or their appurtenances and other available structures. The WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable, less-intrusive
alternative location exists.
[3] The conditional use
application shall include a site plan, drawn to scale, showing property
boundaries, power location, total height of the tower-based WCF, guy
wires and anchors, existing structures, elevation drawings, typical
design of proposed structures, parking, fences, landscaping and existing
uses on adjacent properties.
[4] Where the tower-based
WCF is located on a property that is not owned by the WCF applicant,
the WCF applicant shall present evidence to the Board of Supervisors
that the owner of the property has granted an easement or other property
right, if necessary, for the proposed WCF and that vehicular access
will be provided to the facility.
[5] The conditional use
application shall include a written certification by a structural
engineer licensed in the Commonwealth of Pennsylvania of the proposed
WCF's ability to meet the structural standards offered by either the
Electronic Industries Association or the Telecommunication Industry
Association and certify the proper construction of the foundation
and the erection of the structure.
[6] An application for
a new tower-based WCF shall demonstrate that the proposed tower-based
WCF cannot be accommodated on an existing wireless support structure.
Board of Supervisors may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good faith effort to mount
the antenna(s) on an existing wireless support structure. The WCF
applicant shall demonstrate that it contacted the owners of all potentially
feasible structures, buildings, and towers within a one-mile radius
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
[a] No existing support
structure, building or other structure are located within the geographic
area which meet the applicant's engineering requirements.
[b] Existing support
structures, buildings or other structures are not of sufficient height
to meet the applicant's engineering requirements.
[c] Existing support
structures, buildings or other structures do not have the strength
to support the applicant's equipment.
[d] The WCF applicant's
equipment would cause electromagnetic interference with equipment
on the existing support structure, building or other structure.
[e] Fees, costs or contractual
provisions required by the owner in order to share an existing location
or to adapt for the applicant are unreasonable. Costs exceeding new
construction for a support structure are presumed to be unreasonable.
[f] The WCF applicant
demonstrates that there are other limiting factors that render other
locations unsuitable.
[7] The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this §
300-25.
(d) Development regulations.
[1] Tower-based WCFs shall
not be located in, or within 50 feet of an area in which all utilities
are located underground.
[2] Sole use on a lot.
A tower-based WCF shall be permitted as a sole use on a lot, provided
that the underlying lot is a minimum of 6,000 square feet. The minimum
distance between the base of a tower-based WCF and any adjoining property
line or street right-of-way line shall equal 100% of the proposed
WCF structure's height.
[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 use, except
residential, subject to the following conditions:
[a] The existing use
on the property may be any permitted use in the applicable district
and need not be affiliated with the WCF.
[b] Minimum lot area.
The minimum lot shall comply with the requirements for the applicable
zoning district and shall be the area needed to accommodate the tower-based
WCF and accessory equipment, any guy wires, the equipment building,
security fence, and applicable screening.
(e) Design regulations.
[1] Height. Any tower-based
WCF shall be designed at the minimum functional height. The maximum
total height of a tower-based WCF which is not located in the public
ROW shall not exceed 200 feet, as measured vertically from the ground
level to the highest point on the tower-based WCF, including antennas.
[2] Visual appearance and
land use compatibility.
[a] Tower-based WCFs
shall employ the most current stealth technology available at the
time of construction in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact. Application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the Township.
[b] All tower-based
WCFs and accessory equipment shall be aesthetically and architecturally
compatible with the surrounding environment and shall maximize the
use of a like facade to blend with the existing surroundings and neighboring
buildings to the greatest extent possible.
[c] The Board of Supervisors
shall consider whether its decision upon the subject application will
promote the harmonious and orderly development of the zoning district
involved; encourage compatibility with the character and type of development
existing in the area; prevent a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
[3] Anticlimbing device.
If deemed necessary by the Board of Supervisors, a tower-based WCF
shall be equipped with an anticlimbing device, as approved by the
manufacturer.
[4] Minimum setbacks. The
minimum distance between the base of a tower-based WCF and any adjoining
property line or street right-of-way line shall equal 50% of the proposed
WCF structure height or the minimum setback of the underlying zoning
district, whichever is greater. Where the site on which a tower-based
WCF is proposed to be located is contiguous to an educational use,
child day-care facility or residential use, the minimum distance between
the base of a tower-based WCF and any such adjoining uses shall equal
110% of the proposed height of the tower-based WCF unless it is demonstrated
to the reasonable satisfaction of Supervisors that in the event of
failure the WCF is designed to collapse upon itself within a setback
area less than the required minimum setback without endangering such
adjoining uses and their occupants.
(f) Surrounding environs.
[1] The WCF applicant shall
ensure that the existing vegetation, trees and shrubs located within
proximity to the WCF structure shall be preserved to the maximum extent
possible.
[2] The WCF applicant shall
submit a soil report to Board of Supervisors complying with the standards
of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended,
to document and verify the design specifications of the foundation
of the tower-based WCF, and anchors for guy wires, if used.
(g) Fence/screen.
[1] A security fence having
a minimum height of six feet and a maximum height of eight feet shall
completely surround any tower-based WCF greater than 40 feet in height,
as well as guy wires, or any building housing accessory equipment.
[2] Landscaping shall be
required to screen as much of a newly constructed tower-based WCF
as possible. Board of Supervisors may permit any combination of existing
vegetation, topography, walls, decorative fences or other features
instead of landscaping, if, in the discretion of Board of Supervisors,
they achieve the same degree of screening.
(h) Accessory equipment.
[1] Accessory equipment
associated, or connected, with a tower-based WCF shall be placed underground
or screened from public view using stealth technology. All ground-mounted
accessory equipment, utility buildings and accessory structures shall
be architecturally designed to be concealed from public view to the
maximum extent possible and be compatible with the architecture of
surrounding buildings, structures or landscape.
[2] Either one single-story
wireless communications equipment building not exceeding 500 square
feet in area or its equivalent may be permitted for each unrelated
company sharing antenna space on the tower-based WCF.
(i) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Board of Supervisors with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this §
300-25.
(j) FCC license. Each person
that owns or operates a tower-based WCF shall submit a copy of its
current FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
(k) 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.
The only other signage permitted on the WCF shall be those required
by the FCC, or any other federal or state agency.
(l) Lighting. No tower-based
WCF shall be artificially lighted, except as required by law. If lighting
is required, the WCF applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations. The WCF applicant
shall promptly report any outage or malfunction of FAA-mandated lighting
to the appropriate governmental authorities and to the Township Secretary.
(m) Storage. The storage of
unused equipment, materials or supplies is prohibited on any tower-based
WCF site.
(n) Repair of nonconforming
tower-based WCF. 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. The collocation of antennas
is permitted on existing nonconforming tower-based WCFs.
(o) Timing of approval.
[1] Within 30 calendar
days of the date that an application for a tower-based WCF is filed
with the Township Director of Planning and Zoning, the Township Director
of Planning and Zoning shall notify the WCF applicant in writing of
any information that may be required to complete such application.
[2] Within 150 calendar
days of receipt of a complete application for a tower-based WCF, Board
of Supervisors shall make a decision to approve or deny the proposed
tower-based WCF and the Township Director of Planning and Zoning shall
issue the required building and zoning permits authorizing construction
of the tower-based WCF.
[Added 3-15-2004 by Ord. No. 436]
No-impact home-based businesses, as defined in §
300-90 herein, must satisfy the following requirements wherever they are permitted by the terms of this chapter:
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.
I. Permission to
operate a no-impact home-based business in any district in the Township
shall not supercede any deed restriction, covenant or agreement restricting
the use of land, nor any master deed, bylaw or other document applicable
to a common interest ownership community.
[Added 3-15-2004 by Ord. No. 436]
Notwithstanding the provisions in this chapter for no-impact home-based businesses, home occupations, whenever such use is specifically permitted in any zoning district, shall meet the following standards, in addition to those contained in the definition for this term contained in §
300-90, herein:
A. The business
activity shall be compatible with the residential use of the property
and surrounding residential uses.
B. Signage shall be permitted in accordance with §
300-593A of this chapter.
C. Parking shall be provided in accordance with the provisions of §
300-576A(1) of this chapter. All parking required by said section shall be located to the side or rear of the residence. A planted buffer shall be installed between any parking area and a property line where any part of the parking area is located within 15 feet of said property line. The buffer shall follow the planting prescription for a Buffer Type 2 as stipulated in §
270-68D(5)(c) of Chapter
270, Subdivision and Land Development; the width of said buffer, however, shall only be required to be 10 feet and not as prescribed in said section. An opaque fence may substitute for the buffer required herein.
D. The home occupation
shall not require servicing or deliveries by vehicles larger than
single-unit trucks, and such servicing or deliveries shall be on a
very occasional basis; any servicing or deliveries by tractor trailer
trucks shall be prohibited.
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. No use shall require any construction
or use of any equipment that would change the fire rating of the structure
or in any way significantly increase the fire danger to neighboring
structures or residences.
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
may not involve any illegal activity.
H. There shall be
no more than one home occupation per residence.
I. Permission to
operate a home occupation in any district in the Township shall not
supercede any deed restriction, covenant or agreement restricting
the use of land, nor any master deed, bylaw or other document applicable
to a common interest ownership community.
[Added 10-1-2007 by Ord. No. 476; amended 1-7-2013 by Ord. No.
525; 3-15-2021 by Ord. No. 588]
The area of all public rights-of-way and public
easements shall be maintained free and clear of all accessory uses,
and such areas not containing public improvements shall be maintained
open and as lawn (where required). Fences may be permitted in public
easement areas when the property owners accept a restrictive covenant
permitting Township removal or replacement if deemed necessary by
the Township, without financial compensation. The restrictive covenant
shall be prepared by the Township Solicitor and filed with the Montgomery
County Recorder of Deeds office.
[Added 8-1-2011 by Ord. No. 517]
A. When recreation and open space amenities are required
to be dedicated as part of the land development process, off-site
parcels may be proposed to the Township in lieu of that dedication.
Acceptance and permission for this option is wholly at the discretion
of the Township's Board of Supervisors, and must conform to the following:
(1) Properties off site offered for dedication in lieu
of on-site recreation and open space amenities shall be a single lot,
or a contiguous collection of parcels wholly owned by the owner/developer
of the initial development parcel.
(2) Any proposed land offered in lieu of on-site requirements shall be governed by the provisions of Article
V, Open Space and Recreational Facilities, Chapter
270, Subdivision and Land Development.
(3) Any proposed land offered in lieu of on-site amenities
must be offered to Upper Providence Township for dedication. Acceptance
of the dedicated property is wholly at the discretion of the Board
of Supervisors; if the dedication is not accepted by the Township,
the use of this provision is not permitted. Preference will be given
to those properties identified for preservation in the 2006 Open Space
and Environmental Protection Plan and 2010 Comprehensive Plan.
[Added 3-20-2017 by Ord.
No. 561]
In cases where the development or significant redevelopment of a tract is to be undertaken, the developer shall provide community and open space areas for the comfort and convenience of prospective patrons, employees, and residents. Such area shall be governed by the provisions of Article
V, Open Space and Recreational Facilities, of Chapter
270, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer shall provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with §
270-92 of Chapter
270, Subdivision and Land Development. In no instance shall the provisions of §
300-29 of this chapter apply to recreation and open space requirements within nonresidential zoning districts.
The interpretation of this chapter is intended
to be such that whenever these requirements are at variance with Township
subdivision and development regulations or any other lawfully adopted
rules, regulations, ordinances, deed restrictions or covenants as
particularly refer to area and bulk regulations and impose higher
standards, the most restrictive requirement shall govern.