[Ord. 384, 7/17/1993, § 1901]
The following general regulations shall supplement the regulations
set forth herein for each district and shall apply throughout the
Township unless otherwise specified in other sections of this chapter.
[Ord. 384, 7/17/1993, § 1902; as amended by Ord.
448, 11/15/2000; by Ord. 493, 9/20/2006, § 3; by Ord. 504,
10/1/2008, § 4; and by Ord. 525, 12/15/2010, § 3]
1.
Agriculture Farms and Gardening. The tilling of the soil, raising
of crops, the keeping of livestock, poultry and the processing of
dairy products, horticulture and gardening shall be permitted in any
district; providing, that only gardening, incidental to residential
uses, shall be permitted on improved lots located in a subdivision
plan approved by the Township.
2.
Animals and Horticulture. In districts where permitted, operations
involving the use of buildings and land for farming, nurseries and
greenhouses, riding academies, livery or boarding stables, dog kennels,
animal hospitals, stock raising, dairying and poultry shall be subject
to the following safeguards and regulations:
A.
Buildings in which animals or poultry are kept shall not hereafter
be erected within 100 feet of any lot line.
B.
The stockpiling or storage of manure or odor or dust-producing substance
shall not be permitted within 100 feet from any lot line.
C.
The tilling of the soil, spreading of fertilizer and the grazing
of animals (other than pigs and poultry) shall be permitted up to
the lot line when incidental to a permitted use.
D.
Commercial greenhouse heating plant, coal, natural gas or fuel-oil
fired shall not be operated within 100 feet of any residential district
boundary.
E.
Buildings used for dog kennels and animal hospitals, including exercise
yards, shall not hereafter be erected within 100 feet of any lot line
or 100 feet from any off-premises dwelling.
3.
Accessory Uses. An accessory use shall be permitted only when customarily
incidental and accessory to a lawfully permitted use of a lot and/or
building.
4.
Day-Care Center. Where permitted, family day-care centers may be
established, subject to the following conditions:
A.
Lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards.
B.
A minimum of 100 square feet of usable outdoor play space and 40
square feet of usable indoor space must be provided for each child
present at the facility, including resident children.
C.
Outside play shall be limited to the hours between 8:00 a.m. and
7:00 p.m.
D.
A buffer yard/screen planting of no less 10 feet in depth shall be
established along rear and side lot lines in accordance with this
Part.
E.
Operators must comply with all Pennsylvania Department of Public
Welfare licensing/registration requirements and any other local, state
or federal regulations.
F.
Off-street parking shall be provided in accordance with Part 24,
Off-Street Parking.
5.
Hazardous Substances. The temporary or permanent storage and transportation
of hazardous waste, as defined in Part 2, herein, shall comply with
the following conditions:
A.
All activities that generate, store, use, transport and dispose of
materials and substances regulated by this section shall possess all
applicable permits required by the Township, Pennsylvania, Department
of Environmental Protection, United States Environmental Protection
Agency and any other agency having jurisdiction over such use.
B.
All activities and operations must be in compliance with the provisions
of the Pennsylvania Solid Waste Management Act, as amended.[1] Further, such activities shall be in compliance with the
following Pennsylvania Department of Environmental Protection (DEP)
Rules and Regulations, as amended:
[Amended at time of adoption of Code (see Ch. AO)]
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Title 25. Environmental Resources
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Part I. Department of Environmental Protection
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Subpart C. Protection of Natural Resources
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Article I. Land Resources
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Solid Waste Management
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[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C.
As required by the above reference to regulations administered by
the Pennsylvania Department of Environmental Protection, a copy of
the Preparedness, Prevention and Contingency Plan shall be maintained
at the site and submitted to the local police department, fire departments,
hospitals and emergency response teams that may be called upon to
provide emergency services. A copy shall concurrently be filed with
the Township Zoning Officer to verify compliance with this section
of this chapter. The plan and copies furnished shall be maintained
in current condition as a responsibility of the facility owner.
D.
Unless greater restrictions apply through the agencies identified
in Subsection 5A above, no use regulated by this section shall be
established:
(1)
Within 200 yards of any dwelling, church, school or any other
building or buildings which from time to time are utilized for human
occupancy.
(3)
In addition to any and all setbacks required by this chapter,
any use regulated by this section shall also be subject to the following:
(a)
A chain-link fence, a minimum of eight feet in height with at
least a one-foot, three-stranded course of outward slanting barbed-wire
extension, shall completely encircle the premises, with any gates
locked during nonbusiness hours.
(b)
A buffer yard of 75 feet shall be maintained along all adjoining
property lines. No structures, other than an approved fence or an
earthen retaining mound, shall be permitted within the buffer yard.
6.
Home Occupation. Where permitted, only one home occupation may be
established per premises subject to the following conditions:
A.
The home occupation shall be carried on completely within the dwelling
unit or accessory building. Home occupations shall not be permitted
in multifamily apartments or garden apartments.
B.
Not more than one person other than the occupants of the dwelling
unit shall be employed.
C.
Not more than 25% of the floor area of a building shall be devoted
to a home occupation.
D.
Articles sold or offered for sale shall be limited to those produced
on the premises or to articles which are clearly incidental to the
home occupation and directly related thereto, such as hair care products
by a barber or beautician. If the gross sales of articles not produced
on the premises exceed 25% of the gross receipts from the home occupation
and sales of articles produced on the premises, such sales shall not
be deemed to be incidental to the home occupation and shall not be
permitted. It shall be the home occupation operator's responsibility
to file an accurate and attested to annual report of gross business
receipts with the Township Zoning Officer to serve as proof of compliance
with this provision.
E.
There shall be no exterior display or sign (except as permitted in
the regulation of signs in this chapter), no exterior storage of materials
and no other exterior indication of the home occupation or variation
of the residential character of the main building.
F.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
G.
A home occupation may include craft shops; art studios; dressmaking
or millinery; barbershop; beauty parlor; teaching, music or dance
instruction limited to a single pupil at a time; real estate or insurance
office; the professional office of a dentist, physician, lawyer, engineer,
planner, accountant, architect; home telephone sales or any other
activities of a similar nature.
H.
A home occupation shall, under no circumstances, be interpreted to
include a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop or any occupation where the principal
activity involves sales offered across the counter.
I.
Off-street parking shall be provided in accordance with the provisions
of Part 24, Off-Street Parking. In addition to private employee vehicles,
only one business related vehicle may be parked on the premises. Such
business related vehicle may only be a passenger car, station wagon,
van or pickup truck not exceeding 3/4 ton capacity. Business identification
is permitted to appear on the business vehicle.
7.
Recreational Vehicle Parks. Where permitted, recreational vehicle
parks shall be subject to the following:
A.
The driveways, exits, entrances and walks shall be lighted and paved
in accordance with Township standards. One-way traffic cartways shall
be not less than 12 feet wide and two-way traffic cartways shall be
not less than 22 feet wide.
B.
Access to vehicle spaces shall not be permitted from any public road.
All such access will be provided by an internal access road.
C.
An area of not less than 1,500 square feet shall be provided for
each vehicle.
D.
The minimum width of each vehicle space shall be 25 feet.
E.
The minimum depth of each vehicle space shall be not less than 60
feet or 30% longer than the length of the vehicle, whichever requirement
is greater.
F.
Each vehicle shall be located not less than 25 feet from any building
and not less than 30 feet from lines bounding adjacent property.
G.
Separate provision shall be made for the parking of tow equipment
on or adjacent to the vehicle space, or at a location removed from
the vehicle space. There shall be one such off-street parking space
not less than 10 feet wide and 20 feet long for each vehicle space
in the park.
H.
In addition to the off-street parking as required in Subsection 7G
above, there shall be additional off-street parking space required
equal to 1/2 of the number of vehicle spaces provided in the park.
I.
Recreation vehicle parks shall be provided with screening such as
fences or natural growth along the property boundary line separating
the park and adjacent uses. If the buffer yards are already wooded,
this plant life shall be maintained as screening.
J.
A land development plan of any proposed recreation vehicle park development
shall be presented to the Planning Commission and Board of Commissioners
for approval before any construction and any vehicle shall be permitted
on the site.
K.
Sewers:
(1)
Each vehicle park shall be provided with sewage disposal facilities.
The proposed provisions for sewage shall be presented to the Planning
Commission and the Township Engineer for approval before any vehicle
shall be permitted on the site. Approval shall be required from the
Pennsylvania Department of Environmental Protection.
(2)
A recreation vehicle park may be approved without individual
sewerage connection; provided, the park is serviced by approved central
toilet facilities and central shower facilities. Approvals shall be
required from the Township Commissioners and the Pennsylvania Department
of Environmental Protection.
8.
Motels. In districts where permitted, motels shall be subject to
the following safeguards and regulations:
A.
Where proposed as a land development, a plat shall be prepared and submitted to the Township in accordance with Chapter 22, Subdivision and Land Development.
B.
No motel shall have a lot area of less than one acre.
C.
Front, side and rear yards of the motel shall be permanently landscaped
and maintained in good condition.
D.
Off-street parking and loading spaces for other facilities developed
as part of the motel premises shall be provided as required by Part
24, Off-Street Parking.
E.
Every unit shall be provided with running hot and cold water and
separate toilet facilities.
F.
Motel buildings or parts thereof shall be placed no closer than 30
feet to any lot line.
G.
The space between motel buildings shall be not less than 20 feet
and the space between the fronts or rears of units shall be not less
than the dimensions required for courts, where such are formed by
the arrangement of units.
9.
Outdoor Recreation Areas, Private or Semiprivate. Unless otherwise
controlled by district regulations, private or semiprivate recreation
areas may be permitted, provided that:
A.
Parking shall be provided in accordance with the provisions of Part
24.
B.
Clubs, lodges and fraternal organizations shall be permitted only
when conducted as nonprofit enterprise; dining facilities for benefit
of club members only; no sign advertising food or beverage is displayed;
and buffer yards will be provided as required by this chapter.
C.
Site development shall include protective measures to adjoining properties
in regard to dust, noise and glare, as deemed necessary by the Board
to protect public safety and welfare.
D.
All lighting shall be so arranged and shielded so that no unreasonable
glare or illumination is cast upon adjoining residential uses in any
district.
10.
Private Yard and Garage Sales. Such activities may be permitted based
on the following conditions:
A.
Such sales are limited to two per year per dwelling unit.
B.
All activities are conducted in such a manner that no hazards, nuisances
or traffic safety problems are created.
C.
The duration of such a sale shall not exceed two consecutive days,
and shall not commence prior to 9:00 a.m. nor continue after sunset.
D.
Authorization to conduct such activities is issued in writing by
the Township Zoning Officer.
11.
Public Utility Service and Distribution Facilities. Public utility
buildings shall be permitted in any district without regard to the
use and area regulations; provided, however, that buildings erected
for these utilities in residential districts, or adjacent to residential
districts, shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the building is located.
B.
Height of building shall conform to the district regulations.
C.
Unhoused equipment shall be enclosed with a chain-link fence six
feet in height topped with barbed wire. Selected planting shall be
used to minimize adverse visual effects.
D.
Housed Equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required and the yard
shall be maintained in conformity with the district in which the facility
is located.
E.
Screen Planting. The required fence for unhoused equipment shall
be surrounded by an evergreen planting properly maintained for visual
appearance.
F.
The external design of the building shall be in conformity with the
buildings in the district.
G.
Storage of Vehicles. In residential districts, the permitted public
facilities shall not include the storage of vehicles or equipment
used in the maintenance of any utility and no equipment causing noise,
vibration, smoke, odor or hazardous effect shall be installed.
H.
Public utility transmission and distribution facilities shall be
permitted in any district subject to rules and regulations necessary
to public health and safety. Area, lot, yard height and other regulations
contained in this chapter may be modified by the Zoning Hearing Board
to achieve justice and secure public safety and welfare.
12.
Solar Energy Systems.
[Amended by Ord. No. 607, 5/17/2023]
A.
Purpose and Intent.
(1)
The purpose of this subsection is to provide standards and review
procedures for the development, operations, siting, and decommissioning
of solar energy systems in the Township of Lower Swatara.
(2)
Given the potential impact on the environment, health, safety
and welfare of the citizens of the Township, the Board of Commissioners
find that it is in the public interest to regulate the establishment
and operation of solar energy facilities within Lower Swatara Township.
(3)
The Board of Commissioners of Lower Swatara Township specifically
state an intent of this subsection is for the preservation of Township
resources, the allocation of uses to those areas most suitable and
therefore reduce the impacts, and encourage the remediation, reuse,
redevelopment and complementary development of existing parcels to
preserve undeveloped or low density development within the Township.
B.
Applicability. This subsection applies to solar energy systems to
be installed and constructed after the effective date of this section,
and all applications for solar energy systems on existing structures
of property, whether accessory solar energy systems (ASES) or principal
solar energy systems (PSES). Solar energy systems constructed prior
to the effective date of this section shall not be required to meet
the requirements of this section, provided that any structural change,
replacement, upgrade or modification to an existing solar energy system
shall comply with the provisions of this section.
C.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
GLARE
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
SOLAR ENERGY SYSTEM
SOLAR RELATED EQUIPMENT
(1)
(2)
(3)
Definitions. As used in this Subsection, the following terms shall
have the meanings indicated:
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment, and is intended to primarily reduce on-site
consumption of utility power or fuels. A system is considered an ASES
only if it supplies electrical or thermal power solely for on-site
use, except that when a property upon which the facility is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground, or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
Solar energy systems shall include solar panels, collection
devices, storage facilities, and distribution components, use for
electricity production, water heating and space heating and cooling.
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
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D.
Standards for All Solar Energy Systems (ASES and PSES).
(1)
Layout, design and installation of all solar energy systems
shall conform to the standards set forth by the International Electrotechnical
Commission, and be certified by one of the following: 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), Florida Solar Energy
Center (FSEC), or International Association of Plumbing and Mechanical
Officials (IAPMO). The manufacturer specifications for the key components
of the system shall be submitted as part of the application along
with evidence of certification.
(2)
To the extent applicable, the solar energy system shall comply
with all applicable building and construction codes adopted by Lower
Swatara Township, as amended, and any regulations adopted by the Department
of Labor and Industry.
(3)
Design and construction of all solar energy systems shall comply
with applicable state and federal laws and regulations. The Township
will consider the Pennsylvania Department of Environmental Protection's
policies and guidance on the permitting of solar energy systems in
the review and approval of any application.
(4)
All on-site utility, transmission lines, and plumbing shall
be placed underground to the greatest extent possible.
(5)
Solar panels placed in the vicinity of an airport in a manner
that may interfere with airport flight patterns will require proof
of acknowledgement and approval from the applicable airport or the
Federal Aviation Administration. The Township will require submission
of such acknowledgment or approval prior to the issuance of any land
development or building permit approvals.
(6)
A solar energy system shall not be used to display advertising,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsel, balloons, flags, banners or similar materials. The manufacturers
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system provided they
comply with the prevailing sign regulations.
(7)
A solar energy system shall not be constructed or installed
until a building/zoning permit has been approved and issued by the
Township. Solar energy systems shall be installed, maintained, and
used only in accordance with the manufacturer's directions. Upon
request, a copy of such directions shall be submitted to the building
inspector prior to installation. Building inspector approval is required.
(8)
All solar energy systems shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways. 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. The Township may require
anti-glare coating and the Township may, in its sole and absolute
determination, require applicant to provide the Township with a glare
report/study. The said report/study may be required at the time of
application or any time thereafter. The said report/study shall be
subject to review and approval by the Township. The cost of the review
and approval shall be paid by applicant or owner.
(9)
The solar energy system shall not be artificially lighted except
as necessary for safety and/or security purposes and, if needed, shall
be shielded and downward facing to minimize off-site glare.
(10)
The Township shall require the applicant to bear all additional
costs to the Township during construction and maintenance of the facility
for review, inspections, administrative costs, education, and enforcing
the requirements set forth in this subsection.
(11)
Noise from a PSES shall not exceed 60 dBA, except during construction,
as measured at the property line of nonparticipating landowners. The
Township, at any time, may require a noise study, the costs of the
which are to be paid by applicant.
(12)
Structure-Mounted Solar Energy Systems.
(a)
A roof-mounted system may be mounted on a principal
building or accessory building. A roof-mounted system, whether mounted
on the principal building or accessory building, may not project more
than five feet above existing or proposed roof line for the building
type in the underlying zoning district. In no instance shall any part
of the solar energy system exceed the permissible building height
by more than five feet for the type of structure on which it is mounted
in the applicable zoning district.
(b)
Wall-mounted ASES shall comply with the setbacks
applicable to the principal or accessory structures on which it is
affixed and applicable to the underlying zoning district.
(13)
Ground-Mounted Solar Energy Systems.
(a)
Ground-mounted solar energy systems shall not exceed
a height of 15 feet.
(b)
Ground-mounted solar energy systems shall not be
placed within any legal easement or right-of-way location or be placed
within any stormwater conveyance system in a manner that would alter
or impede stormwater runoff from collecting in a constructed stormwater
conveyance system.
(c)
If a ground-mounted solar energy system is removed,
any earth disturbance as a result of the removal of the ground mounted
solar energy system shall be graded and re-seeded. Re-seeding shall
occur until the entire disturbed area(s) achieves, at a minimum, 70%
uniform coverage of a perennial grass seed or grass mix.
E.
Solar Energy Systems as Accessory Uses (ASES).
(1)
All ASES are subject to the requirements of this subsection.
(2)
Whenever practical, all ASES shall be attached to a building,
or located on an existing impervious surface. If not designed to be
attached to the building, the applicant shall demonstrate by credible
evidence that such systems cannot feasibly be attached to a building
due to structural limitations of the existing structure(s).
(3)
An ASES shall be permitted as an accessory use to an existing
principal use in any zoning district by right subject to the regulations
set forth in this chapter. It shall be the responsibility of the landowner
and/or applicant to prove compliance with this chapter at the time
of application for a building/zoning permit.
(4)
All solar-related equipment shall be located on the parcel or
plot of land of record on which the principal use is located, with
the exception that power lines or any related equipment to the solar
energy system may be located on an adjoining parcel or plot of land
of record provided it will comply with all applicable virtual net
metering regulations and policies of PPL or other public utility provider.
(5)
A majority, defined as at least 51% of the power generated by
the solar energy system, shall provide power only for the principal
use in which it services; any excess power generated by the solar
energy system shall only be sold or acquired by a public utility in
accordance with law or other governmental regulations.
(6)
For ground-mounted ASES, the minimum setbacks from the side
and rear property lines shall meet the greater of either 15 feet or
those established for buildings in the applicable zoning district.
(7)
Ground-mounted ASES are not permitted in front yards as defined
by the Lower Swatara Township Zoning Ordinance.
(8)
Impervious Cover.
(a)
The area beneath the ground-mounted ASES is considered
pervious cover, unless the ASES is mounted on asphalt, concrete, wood,
crushed aggregate, or other impervious surface.
(b)
The following components of a ground-mounted ASES
shall be considered impervious coverage and calculated as part of
the lot coverage requirements for the applicable zoning district:
foundation systems, typically consisting of driven piles or monopoles
or helical screws with or without small concrete collars; and all
mechanical equipment of the system including any structure for batteries
or storage cells.
(c)
The installation of any solar energy system shall
not negatively impact adjacent properties with additional or excessive
stormwater runoff and/or drainage.
(9)
No ASES shall be installed or constructed without first requesting
and receiving a zoning/building permit from the Township. Applications
for ASES shall be accompanied by to-scale horizontal and vertical
(elevation) drawings. The drawings must show the location of the system
on the building or on the property for a ground-mount system, including
both property lines and proposed setback distances.
(10)
The applicant must provide written authorization that the public
utility company has been informed of the customer's intent to
install an interconnected customer-owned generator and also approves
of such connection.
(11)
No photovoltaic panels may contain harmful chemicals such as
Cadmium or amorphous silicon. Prior to construction, written panel
specifications including composition, toxicological information, and
the physical and chemical properties of all panels shall be supplied.
The country of origin of the panels must be provided. Only bio-degradable
cleaners and water shall be used to clean panels.
F.
Principal Solar Energy System (PSES).
(1)
PSES are permitted by conditional use exclusively in the Mineral
Recovery, Airport Industrial, Industrial, and Manufacturing Limited
Zoning Districts.
(2)
The construction and installation of a PSES is land development
as defined by the Lower Swatara Township Subdivision and Land Development
Ordinance. The PSES shall comply with the Township subdivision and
land development requirements.
(3)
The minimum lot size is five acres.
(4)
No PSES or solar-related equipment shall be located any closer
than 50 feet to any property line.
(5)
The minimum setbacks specified above may be waived in the case
of adjoining tracts of land with unity of ownership. In the case where
the PSES development encompasses multiple tracts of land, the setback
requirements shall apply to the development and not the individual
tracts of land. The setbacks shall apply to the perimeter of the entire
development.
(6)
No PSES will be permitted on lands that are enrolled in the
Agricultural Preservation program.
(7)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(8)
Applicant must demonstrate that the amount of generated power
can be supported by the relevant electric company and transmission
lines. Evidence is also required to show that approval for the project
has been secured by the Pennsylvania Utilities Commission and PJM,
if required, before review. A feasibility study shall be provided
as evidence that the interconnection electrical load can be supported.
(9)
No proposed photovoltaic panels may contain harmful chemicals
such as Cadmium or amorphous silicon. Prior to construction, written
panel specifications including composition, toxicological information,
and the physical and chemical properties of all panels shall be supplied.
The country of origin of the panels must be provided. Only bio-degradable
cleaners and water shall be used to clean panels.
(10)
The owner of a PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid
connected system and approved of such connection. The owner shall
provide a copy of the final inspection report or other final approval
from the utility company to the Township prior to the issuance of
a certificate of use for the PSES.
(11)
For emergency purposes, the PSES owner and/or operator shall
maintain a phone number and address of a person responsible for the
public to contact with inquiries and complaints throughout the life
of the project and provide this number, address and name to the Township,
the same to be updated when changed. The PSES owner or operator shall
affix their contact information to the standard entry of the parcel.
The owner or operator shall have a duty to maintain the posted contact
information as current. Failure to do so resulting in an inability
of emergency or Township personnel to reach a responsible party will
be a violation of the Lower Swatara Code of Ordinances and punishable
as set forth therein. The PSES owner and/or operator shall make reasonable
efforts to respond to the public's inquiries and complaints no
later than three days after the complaint was filed.
(12)
PSES owners shall properly maintain all panels, structures and
equipment and shall repair or replace any damaged or visibly degraded
components. Components shall be replaced in kind, or with equivalent
parts or materials, consistent with the original design and manufacturer's
specifications and shall be completed within 60 days of the mailing
of a notice by the Township of the need to make repairs or replacement.
Said notice to be mailed by First Class Mail to the said responsible
person provided for herein.
(13)
A contingency plan of emergency procedures shall be developed
by the PSES owner consistent with standard operating practices of
the industry and furnished to the Township, the local fire company
and the County Department of Emergency Services at the time the application
for a permit is submitted. The same shall be reviewed and updated,
if necessary, every five years.
(14)
When the land surface is prepared for construction, grading
and fill should be kept to a minimum. To the extent incidental grading
is required for the installation of the solar energy systems, top-soil
from disturbed areas must be removed before grading and stored on
site to be returned to the disturbed land to a minimum of six inches
to maintain the quality of the soil after both final grading and light
rolling.
(15)
The Township will require the applicant, and any subsequent
owner or operator of the facility, to provide an annual statement
of activity to ensure that the facility is actively producing electricity
for the power grid.
(16)
The applicant shall provide a certificate of insurance to the
Township providing evidence of liability insurance of not less than
$1,000,000 and naming the Township as an additional insured on the
policy or policies of the owner and/or lessee.
(17)
Stormwater.
(a)
The applicant shall submit a stormwater management
plan that demonstrates stormwater from the PSES will infiltrate into
the ground beneath the PSES at a rate equal to that of the infiltration
rate prior to the placement of the system.
(b)
PSES owners are encouraged to use low maintenance
and/or low growing vegetative surfaces under the system as a best
management practice for stormwater management. They are also encouraged
to use pollinator grass cover at the edges of the parcel where abutting
private land and at the edge of any right of way. All right of ways
are to be maintained at a mowed height of eight inches.
(c)
Excavation or grading shall be limited to that
required for the footers, posts, etc. for each individual solar panel.
Grading that would alter the existing contour or elevation of the
land, modify stormwater drainage, or alter soil profiles beyond the
exception herein noted are not permitted. These restrictions are in
place to facilitate the restoration of the site at the time of decommissioning
the solar site.
(d)
The installation of any solar energy system shall
not negatively impact adjacent properties with additional or excessive
stormwater runoff and/or drainage.
(18)
Maximum Impervious Coverage. The total land area of a PSES must
comply with the impervious cover requirements of the respective zoning
district in which the parcel sits.
(a)
Any area under solar panels or other areas, that
are maintained in a grassy or vegetative state shall be considered
to be pervious surfaces. Grassy and vegetative areas shall be maintained
in compliance with current Department of Environmental Protection
Guidelines relating to grass height and maintained to the height specified
by the applicable seed manufacturer for the mixture planted.
(b)
The following components of a PSES shall be considered
impervious coverage and calculated as part of the impervious coverage
limitations: foundation systems, typically consisting of driven piles
or monopoles or helical screws with or without small concrete collars;
and all mechanical equipment of PSES including any transformer, substation
or structures for batteries or storage cells.
(19)
Screening.
(a)
A vegetative buffer shall be installed and maintained
around the entire circumference of the PSES components to reduce the
visual impact on surrounding property owners. All landscaping must
be approved by the Township as part of the Subdivision and Land Development
approval process.
(b)
Street screening shall consist of shrubs and/or
trees as set forth below, measuring six feet to eight feet high when
mature, planted in accordance with the Subdivision and Land Development
Ordinance requirements in a manner to provide an effective visual
screen that blocks views of the arrays from the road. The exact type
and placement type of vegetation shall be approved by the Township.
Shrubs shall be planted adjacent to or outside of the road right-of-way.
Perimeter fence shall be placed between vegetation and solar panels.
(c)
All PSES and solar-related equipment shall be completely
enclosed by fencing that consists of a minimum eight-foot-high fence
with a locking gate, or as otherwise designated by the Township. Fencing
should be designed to blend in with surrounding screening and natural
views.
(d)
PSES abutting residential uses shall be enclosed
in a landscaped berm to visually screen the solar energy system. The
required berm may be interrupted by access points for the facility.
1)
The berm shall be at least three feet above the
grade elevation and shall be constructed with slopes no steeper than
one foot vertical for each three feet horizontal. For the purposes
of this provision, grade elevation shall be the ground elevation at
the property line adjacent to the proposed berm.
2)
The berm area shall be planted with grass or other
suitable ground cover to ensure that it withstands wind and weather
and retains its height and shape.
3)
A minimum of one deciduous or one evergreen tree
shall be planted for each 15 linear feet or portion of required berm.
4)
Eight shrubs may be planted as substitute for each
tree required if the same visual screening effect is achieved.
5)
Required trees and shrubs may be planted at uniform
intervals, at random, or in groupings with recognition of the goal
of screening from view the PSES and solar-related equipment.
6)
For the purpose of determining required plant material,
required berm length shall be measured along the exterior periphery
of the berm.
7)
The edge of the berm shall be at least three feet
from any properly line and shall not cause any additional stormwater
runoff onto adjacent properties.
(e)
All site features, including landscaping, fencing,
etc., shall be properly maintained throughout the life of the PSES.
All required landscaping shall be maintained in a healthy, neat, and
orderly state, free from refuse and debris. Dead or diseased trees
or shrubs shall be removed and replaced expediently.
(20)
Widespread use of herbicides to control ground cover growth
is prohibited.
(21)
Unless agreed to by the easement or right-of-way holder, neither
PSES nor solar-related equipment, may be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system, or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(22)
Access.
(a)
The owner or operator of the facility shall provide
for and maintain reasonable means of access for emergency services.
Lock boxes and keys shall be provided at locked entrances for emergency
personnel access. Warning signage shall be placed on electrical equipment
and plant entrances. All vehicular entrances will provide sufficient
room for an emergency vehicle to pull completely off the public cartway
before encountering fencing or other obstructions.
(b)
A pull off parking area is to be provided for maintenance
purposes adjacent to any building or stations. No other parking requirement
is required.
(c)
At a minimum, a twelve-foot-wide access road must
be provided from a state or Township roadway into the site. The access
road shall be paved in accordance with Lower Swatara Township's
Code of Ordinances to the ultimate right of way line. DOT aggregate
may be used for the remainder of the road beyond the ultimate right
of way line.
(d)
A minimum of twelve-foot to a maximum of fifteen-foot-wide
clear width travel lane shall be provided between the solar arrays
to allow access for maintenance and emergency vehicles, including
fire apparatus and emergency vehicles. Lane width is the distance
between the bottom edge of a solar panel to the top edge of the solar
panel directly across from it.
(e)
The landowner and developer shall execute any agreements
in favor of the Township as deemed necessary in the sole discretion
of the Township which set forth the obligations and standards for
the operation and maintenance of stormwater facilities, access easements,
development and decommissioning agreements authorizing the Township,
its employees, agents, and contractors to enter upon the real estate
for the purpose of making inspections, repairs, replacements, dismantling
and/or removal, the same to include a release of liability for any
damages caused by the Township, its employees, agents or contractors
and an indemnification of the Township, its employees, agents, or
contractors.
G.
Decommissioning of Principal Solar Energy System (PSES).
(1)
The requirements of this Subsection apply to PSES.
(2)
The applicant must provide an affidavit, or similar evidence,
signed by the property owner and the solar energy system facilities
owner, if applicable, affirming a lease agreement with a decommissioning
clause (or similar) and a successors and assigns clause. The successors
and assigns clause must bind those successors and assigns to the lease
agreement.
(3)
The solar energy system facilities owner is required to notify
the Township immediately upon cessation or abandonment of the operation.
The PSES shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of six continuous months
and substantial remedial actions necessary to return the solar energy
system to a generating state are not underway. If the solar energy
system facilities owner fails to dismantle and/or remove the solar
energy system within 18 months of cessation or abandonment, the Township
may complete decommissioning and hold the property owner and solar
energy system facilities owner jointly and severally liable for the
costs of such decommissioning.
(4)
When the facility ceases to be operational, the owner/operator
of the facility shall return the land to its original natural state,
including at least six inches of top-soil. All surface and sub-surface
solar-related equipment shall be removed.
H.
Administration.
(1)
Applications.
(a)
Permit applications shall document compliance with
this subsection and shall be accompanied by drawings showing the location
of the solar energy system on the building or property, including
property lines.
(b)
The use and occupancy certificate shall be revoked
if the solar energy system, whether new or preexisting, is moved or
otherwise altered, either intentionally or by natural forces, in a
manner which causes the solar energy system not to be in conformity
with this subsection.
(c)
The solar energy system must be properly maintained
and be kept free from all hazards, including, but not limited to,
faulty wiring, loose fastenings, any unsafe condition, or rendered
detrimental to public health, safety, or general welfare.
(d)
An approved land development plan shall accompany
all permit applications, except for applications for ASES proposed
as accessory to a single-family residential use.
(2)
Fees and Costs.
(a)
Review fees shall be in accordance with the Lower
Swatara Township Subdivision and Land Development Ordinance review
fees.
(b)
The applicant shall pay fees associated with the
zoning permit and other fees as set forth by the Township. The fees
will be reflective of the actual fees or costs incurred arising out
of or related to the Application (collectively the "costs"). The costs
shall include, but not be limited to, engineering, zoning officer,
building code official and legal fees.
I.
Bond Required for PSES.
(1)
The solar energy system facilities owner must post a bond when
the application for such a system is filed with the Township in an
amount determined by the Township's Engineer, to ensure the proper
decommissioning of the system. The applicant for a zoning permit for
a PSES shall execute an agreement with the Township providing financial
security in an amount equal to 125% of the estimated cost to decommission
the solar energy system. The estimated cost shall be prepared by the
applicant and shall be in writing itemizing the costs. The estimated
costs shall be subject to the approval of the Township. The financial
security shall be in the form of one of the following:
(2)
The agreement and financial security shall remain in effect
until the solar energy system is decommissioned and the land restored
to its original condition at the discretion of the Township. The financial
security may be utilized by the Township to pay the costs of repair,
replacement, dismantling, removal and/or restoration of the PSES or
the land as provided herein. Every five years, a new estimate of the
said costs shall be submitted to the Township in writing by the owner
of the PSES. The said estimate shall be subject to the approval of
the Township. The said financial security shall be adjusted to remain
equal to 125% of the said estimated costs. In the event the Township
utilizes the said financial security as herein provided, the owner
of the PSES shall, immediately, replace the funds so utilized to the
extent necessary to provide financial security in the amount of the
said 125%. The Township shall be entitled to an administrative fee
of 10% of the cost of any work done by it pursuant hereto. The same
may be deducted from the financial security. Should the financial
security not be sufficient to pay the costs and fees, the owner of
the PSES and landowner shall be held jointly and severally liable
for the costs and fees not paid from the financial security. The agreement
referred to herein shall be prepared by the applicant. All costs,
expenses and fees incurred by the Township in reviewing the estimates
or enforcing the said agreement shall be paid by the applicant within
10 days of receiving a bill for the same.
13.
Solid Waste Storage Facilities. All multifamily and nonresidential
buildings or uses shall include adequate facilities on-site for the
proper storage of solid wastes in accordance with the provisions of
the Township refuse collection regulations[2] and as hereinafter provided:
A.
Storage areas shall have hardened, stabilized surfaces with outdoor
areas constructed to prevent accumulation of rainfall.
B.
Storage areas shall be located such that collection vehicles will
not obstruct the public street or otherwise violate Township regulations
while parked for collection of refuse and shall be provided with accessways
facilitating ready deposit and collection of refuse.
C.
Storage areas shall be of sufficient size to accommodate the container
capacity required to store the refuse accumulation between collections,
but shall not be less than four feet by eight feet in size or of other
dimensions providing an approved equal space.
14.
Swimming Pools. Swimming pools shall be permitted subject to the
following:
A.
The property or the immediate area in which any outdoor pool capable
of containing water 24 inches or more in depth shall be completely
surrounded by a fence or wall not less than four feet in height which
may be so constructed to have openings, holes or gaps not larger than
two inches in a horizontal dimension. Should the wall of the pool
be above ground, the height of a required fence on the wall may be
reduced so that the total height of the wall of the pool and the fence
shall be not less than four feet. When located in a required yard,
any portion of a fence which exceeds four feet in height shall have
openings equal to 50% or more of the area over four feet in height
and such fence shall not exceed six feet in height.
B.
A dwelling, accessory building or decorative wall feature may be
used as part of such enclosure (fenced area).
C.
All gates or doors opening through the fence shall be equipped with
a self-closing and self-latching and locking device for keeping the
gate or door securely closed when not in actual use, except that the
door of any dwelling which forms a part of the enclosure need not
be so equipped.
D.
The pool may not be located closer than 15 feet to any property line
of the parcel upon which it is located; however, the required fence
enclosure may be located in required side or rear yards. Proximity
of the pool to utility lines shall comply with the municipal building
code.
15.
Apartment, Accessory. Where permitted, an accessory apartment may
be created in a single-family detached dwelling, provided that:
A.
The apartment will be a complete and separate housekeeping unit that
can be isolated from the original unit.
B.
Only one apartment will be created within a single-family detached
dwelling unit, to be used/occupied by a person or persons related
by marriage or blood relative only.
C.
The owner(s) of the residence in which the accessory unit is created
shall occupy at least one of the dwelling units on the premises, except
for bona fide temporary absences.
D.
The accessory apartment shall be designed so that, to the degree
feasible, the appearance of the building remains that of a single-family
detached dwelling.
E.
The design and size of the apartment conforms to all applicable state
and Township standards/codes.
F.
The accessory apartment shall be no more than 30% of the structure's
total floor area nor greater than 400 square feet.
G.
A minimum of 300 square feet of floor area shall be required.
H.
At least a total of three off-street parking spaces are available
for use by the owner-occupant and tenant.
16.
Apartment, Conversion. Where permitted, a building may be converted
to a dwelling for more than one family, provided that:
A.
The lot area per dwelling unit shall conform to the regulations for the district in which it is located. If no such lot area regulations exist, lot area shall conform to the regulations contained within Part 7, R-M Residential Multifamily District. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with this Part.
B.
There is no exterior evidence of change in the building except as
required by state or local building or housing codes or regulations.
C.
Fire escapes, where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
D.
Parking shall be provided in accordance with the provisions of Part
24, Off-Street Parking.
E.
The plans for the conversion of said building shall be submitted
to the Zoning Officer for review and approval, or if applicable, processed
as a land development.
F.
Minimum habitable floor area standards set forth in this Part shall
apply.
17.
Automobile or Gasoline Service Stations. In districts where permitted,
service stations shall be subject to the following safeguards and
regulations:
A.
Driveways and parking/loading areas be located as provided in Parts
24 and 25 of this chapter.
B.
All driveways and service areas shall be paved with a surfacing material
approved by the Township.
C.
Driveway areas and service areas shall be distinguished from sidewalk
areas by painted lines.
D.
Motor vehicles shall not be permitted to be parked or to stand on
sidewalk areas.
E.
Minimum frontage on an interior lot shall be not less than 125 feet
and on a corner lot on a side street not less than 100 feet and the
front street not less than 125 feet.
F.
Gasoline pumps shall be set not less than 25 feet from any street
line.
18.
Convalescent Homes, Nursing Homes and Hospitals. Where permitted,
a building for such use may be erected and used subject to the following:
A.
The facility shall be constructed and operated in accordance with
applicable state laws.
B.
The minimum lot area shall be determined by building size, setbacks
and be at least 7,500 square feet plus 500 square feet for each patient
over eight.
C.
The minimum lot width shall be based on building size and setbacks.
D.
The minimum front, side and rear yard setbacks shall be no less than
50 feet.
E.
A buffer yard/screen planting of no less than 10 feet in depth shall
be established along rear and side lot lines.
19.
Cemeteries. Where permitted, cemeteries may be established subject
to the following:
A.
A cemetery shall not be located within 200 feet of a residential
use; provided, however, that this restriction does not apply to a
caretaker's residence.
B.
A site development plan containing the following information shall
be submitted for review and approval:
(1)
Site location.
(2)
Metes and bounds of tract.
(3)
Location of all existing and proposed structures and identification
of use.
(4)
Layout of plots, vaults, etc.
(5)
Location of utilities, access drives and parking.
(6)
Existing and proposed contours.
(7)
Proposed landscaping.
(8)
Stormwater management plan.
C.
All permits, licenses and approvals required by applicable Commonwealth
of Pennsylvania agencies shall be obtained before issuance of local
permits.
20.
Golf Courses and Country Clubs. Where permitted, the following standards
shall also apply:
21.
Medical Centers and Dental Clinics. Where permitted, a building for
use as a medical center may be erected and used, provided that:
A.
The building shall be occupied and used only by persons licensed
to practice the healing arts in Commonwealth of Pennsylvania and their
staffs.
B.
The lot area shall be determined on the basis of building size, yard
requirements, parking and access requirements and other applicable
standards, but in no case shall be less than the minimum lot area
permitted in the district in which it is located.
C.
The minimum front, side and rear yard setbacks shall be no less than
25 feet.
D.
Lot width shall be determined by the size of the building and setbacks.
E.
A buffer yard/screen planting of no less than five feet in depth
shall be maintained along all property lines abutting a residential
use.
F.
Parking shall be provided in accordance with the provisions of Part
24, Off-Street Parking.
22.
Townhouses. Where permitted, townhouses shall comply with the provisions
set forth in Part 7, Residential Multifamily District.
23.
Garden Apartments. Where permitted, all garden apartments shall comply
with the following:
24.
Wind Energy Conversion Systems. Where permitted, windmills, wind
wheels or wind energy conversion systems (WECS) shall be subject to
the following conditions:
A.
The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height plus
10 feet from any existing aerial utility line or occupied dwelling,
and shall not be more than 75 feet in height.
B.
The minimum distance between the tower and any property line shall
be not less than twice the height of the tower.
C.
The minimum distance between grade and the lowest point of the rotor
blade shall be 20 feet.
D.
All electric lines/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
by a six-foot fence. The supporting structure shall also be enclosed
by a six-foot fence, unless the base of the tower is not climbable
for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 140 square feet.
G.
One windmill, wind wheel or WECS shall be permitted per lot.
H.
The resultant energy harnessed from the wind shall not be used on
property other than that on which located, unless all applicable cogeneration
requirements are met.
I.
The supporting structure and generating unit shall be kept in good
repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 45 dBA measured at the property line.
(1)
A "decibel" shall mean a unit for measuring the relative intensity
of sounds. More specifically, a unit for expressing the ratio of two
amounts of acoustic signal power equal to 10 times the common logarithm
of this ratio.
(2)
"A-weighted sound level" shall mean the total sound level in
decibels of all sound as measured with a sound level meter with a
reference pressure of 20 micropascals using the A-weighted network
(scale) at slow response. The unit of measurement shall be defined
as dB(A).
25.
Satellite Dish Antennas. Dish antennas shall be a permitted accessory
use in any district and shall comply with the following conditions
and requirements:
A.
All dish antennas shall meet the yard setback and height limitations
for the zoning district in which they are located.
B.
Distance of any guy anchorage or similar device shall be at least
10 feet from any property line.
C.
Dish antennas shall not be located in the front yard area of any
lot.
D.
The applicant shall present documentation of the possession of any
required license by and federal, state, or local agency.
E.
No antenna shall be in excess of a height equal to the distance from
the base of the antenna to the nearest overhead electrical power line
less five feet.
F.
Applications for a permit must include construction drawings showing
proposed method of installation, structural engineering analysis and
site plan depicting antenna on the property. At the request of the
Codes Enforcement Officer, documentation of a maintenance program
may be required.
G.
The owner of such an antenna shall assume complete liability in case
of personal or property damage.
26.
Heliports. Where permitted, heliports shall comply with the following:
A.
Provide proof that the site/facility has been licensed by the Pennsylvania
Department of Transportation (PennDOT) as complying with applicable
approach, corridor, design and other safety criteria.
B.
Has received such approval and clearance from the Federal Aviation
Administration (FAA) as may be required by the Federal Aviation Regulations.
C.
No such activities shall in any way detrimentally interfere with
operations of the Harrisburg International Airport.
D.
All such activities shall comply with applicable provisions of the
Lower Swatara Township Airport Zoning Regulations.
E.
A permit for the establishment of such site/facility has been issued
by the Township. A permit shall not be required by the Township when
take off and landing activities are based at Harrisburg International
Airport, or are in conjunction with law enforcement purposes or emergencies.
G.
When a site/facility permit, license or clearance has been revoked,
the operator shall immediately cause the site/facility to be closed
to all helicopter operations.
27.
Residential Retirement Facilities. An applicant for a special exception
shall include and meet the following requirements:
A.
Location map showing the project in relation to the surrounding area.
B.
Sketch plan showing the following:
(1)
Property lines and easements with dimensions and area.
(2)
Location, size, spacing, setbacks and dimensions of all existing
and proposed buildings and structures.
(3)
The building types and floor plans to clearly define the character
of the project.
(4)
Topographic information showing existing features and conditions
and proposed grading.
(5)
Landscaping plans showing open spaces, planting, existing and
proposed trees and recreational area and facilities.
(6)
Existing streets, showing access to the project, proposed roads
and parking layout with dimensions.
(7)
Pedestrian circulation plan, providing for effective pedestrian
travel on-site between facilities.
(8)
The original tract designating a minimum of 25% of the property
to be used for ancillary uses. The ancillary uses shall be designed
in accordance with the requirements of the Commercial Neighborhood
District.
C.
Written information regarding land use designations, surrounding
land uses, project design team, development schedule, type, size,
number and estimated selling price of units and density calculations.
D.
Written information regarding the following:
(1)
The nature and extent of the common open space in the project,
the proposals for maintenance and conservation of the common open
space, and the adequacy of the amount and function of the open space
in terms of the densities and dwelling types proposed in the plan.
(2)
The manner in which such plans makes adequate provision for
public services, provides adequate control over vehicular traffic,
and further the amenities of light and air, recreation and visual
enjoyment.
(3)
The relationship, beneficial or adverse, of the proposed development
upon the physical environment and the neighborhood in which it is
proposed to be established.
(4)
Whenever applicable, documents indicating compliance and approval
of mandated state statutes or other laws shall be obtained and submitted
as part of the application.
(5)
The manner in which such plan addresses the community need or
demand for the type of housing and services proposed.
(6)
A statement as to any alternate forms of available transportation
for residents.
(7)
A statement as to an emergency management plan.
(8)
Plan shall provide for a community center.
E.
The tract size for a residential retirement facility shall be a minimum
of 15 contiguous acres, and shall be served with both public water
and public sanitary sewer.
F.
A minimum of 25% of the tract shall be used for ancillary uses as
set forth in Subsection 27H below and as designated on the sketch
plan. Any commercial or professional office ancillary use, other than
recreation, shall front on an arterial street or collector street.
H.
Ancillary Uses. The following uses shall be allowed in addition to
the uses set forth in Subsection 27G above so long as they are located
within the minimum 25% area designed as such on the sketch plan and
are in accordance with the requirements for the Commercial Neighborhood
(C-N) District:
(1)
Offices of physicians.
(2)
Offices of dentists.
(3)
Offices of osteopathic physicians.
(4)
Offices of other health practitioners.
(5)
Offices for property manager.
(6)
Individual and family social services, including adult day-care
centers.
(7)
Food stores.
(8)
Restaurants, cafeterias and coffee shops.
(9)
Drugstores and pharmacies.
(10)
Banks.
(11)
Beauty and barber shops.
(12)
Recreation.
I.
Additional Requirements.
(1)
A residential retirement facility is designed to provide independent
retirement living units and/or serve the medical and residential housing
needs of older, retirement-age persons.
(2)
In the development of a tract for independent retirement living
to serve the needs of older, retirement-age persons, 80% of the units
of each phase must be occupied by at least one person 55 years of
age or older. If one member of any household is a handicapped person,
the unit occupied by that household shall be considered part of the
80% requirement, regardless of the age of said person. Once a household
qualifies based on age or handicap, it shall continue to be considered
qualified, as long as at least one member of the original household
continues to live in the unit. A note shall be placed on the plan
and a provision placed in the deed stating the age/handicap residency
requirement.
(3)
A plan for the entire tract shall be approved and recorded as
an entity. However, lots may be subdivided and sold as part of the
overall land development plan. The overall land development plan may
take place in phases.
(4)
Design Criteria.
a)
The maximum height of any structure shall be no more than 40
feet measured from the average level of the grade at the building
perimeter to the average height between the eaves and the ridge of
the roof.
b)
The placement, type and size of all signs shall be regulated by the provisions of Part 23 of this chapter.
c)
Off-street parking shall be provided at the rate of two parking
spaces for each dwelling or living unit which is part of an independent
retirement living complex. There shall be provided one visitor parking
space for every five dwelling units in the independent retirement
living area.
d)
Off-street parking shall be provided as required in Part 24.
f)
Automobile trailers and single-wide mobile homes, regardless
of whether or not they have been removed from the wheels and installed
on a foundation, and whether or not they have had additional construction
added to same, shall not be permitted in a residential retirement
facility.
g)
The maximum impervious coverage for the overall tract of land
developed is as follows:
|
Maximum Impervious Coverage
| |
|---|---|
|
Independent Retirement Living Units
|
50%
|
h)
For detached and semi-detached independent retirement living
units the following minimum areas and minimum widths shall apply:
|
Bedrooms
|
Minimum Floor Area
(square feet)
|
Minimum Building Width
(feet)
|
|---|---|---|
|
1
|
1,440
|
36
|
|
2
|
1,440
|
36
|
|
3
|
2,000
|
40
|
i)
For attached independent living retirement units, the following
minimum widths shall apply:
|
Bedrooms
|
Minimum Floor Area
(square feet)
|
Minimum Building Width
(feet)
|
|---|---|---|
|
1
|
756
|
18
|
|
2
|
840
|
20
|
|
3
|
880
|
22
|
j)
The minimum yard setbacks for independent retirement living
units are as follows:
|
Minimum Yard Setbacks
|
|---|
|
Front yard: 20 feet.
|
|
Side yard (10 feet for individual lot): 10 feet.
|
|
Rear yard: 20 feet.
|
|
Minimum distance between residential structures: 20 feet.
|
|
Front yard setbacks shall be measured from the back side of
the curb to the building.
|
k)
In addition to the minimum yard setbacks, there shall be a fifteen-foot
property perimeter setback.
l)
Entrance and/or exit drives may be located within the required
front or side yards if perpendicular to the street.
m)
All required front, side and rear yard areas shall be landscaped.
Within the yard areas, a fifteen-foot landscape buffer shall be established
along any property line where independent retirement living units
are adjacent to a residential use or district. At least 50% of the
landscaping within the buffer shall be evergreen species of trees
and shrubs, which are no less than four feet in height at the time
of planting. The property owner shall replace any trees or shrubs
that fail to thrive within 12 months of planting.
n)
All buildings constructed shall comply with applicable regulations
of the current Uniform Construction Code which govern such buildings.
o)
If services and shops are developed as additional uses, such
facilities shall be designed primarily as a service to the occupants
and shall be part of the complex. Delivery facilities to such services
and shops shall be concealed or screened from the normal pedestrian
circulation routes of the complex.
p)
A minimum of 30% of independent retirement living units shall
be one story.
q)
A minimum of 10% of independent retirement living units shall
be ADA compliant.
r)
Development shall not exceed eight dwelling/living units per
acre for independent retirement living units.
28.
Traditional Neighborhood Development (TND). An applicant for a special
exception shall include and meet the following requirements:
A.
Guiding Principles of TND Development. Both the applicant and the
Township should be guided by the following principles in the creation
of a TND development as well as in preparing and reviewing the master
plan and all other plans required under this section of the Township
ordinances. These principals are to provide guidance only and are
not to be construed as mandatory requirements. Traditional neighborhood
development (TND) is primarily intended to:
(1)
Seek to achieve a "village"-type setting which makes use of
a mixed use form of development.
(2)
Promote a mix of diverse but compatible types of neighborhood
development.
(3)
Avoid development that would be inconsistent with the character
of the community, and could cause inefficient patterns of sprawled
development, and to allow for the development of fully integrated,
mixed-use pedestrian-oriented neighborhoods.
(4)
Encourage a blending of recreation areas, preserved natural
features, compatible institutional uses, and a mix of housing at a
medium density, including housing intended to be affordable to middle-income
persons.
(5)
Provide for reasonably safe and convenient pedestrian, bicycle
and vehicle circulation, with an emphasis on avoiding conflicts between
vehicles backing out of garages across sidewalks.
(6)
Encourage persons to live, work, shop, and enjoy recreation
within the Township.
(7)
Encourage the creation of a sense of place, feelings of belonging
and a community spirit that promotes social interaction and volunteerism.
(8)
Encourage the location of principal nonresidential uses with
distinguished architectural features at prominent locations around
a central commons, to serve as a focal point for the development.
(10)
To allow a TND under this set of development standards to have
a higher density and a wider range of uses than would otherwise be
permitted in the zoning district, to make public transit a viable
alternative to the automobile by organizing appropriate building densities,
in return for a higher level of site design and preservation of common
open space land.
(11)
To have most business uses and denser housing clustered at the
central commons or downtown-style main street portion of the development
and less-dense housing towards the perimeter of the TND, particularly
adjacent to preexisting single-family detached housing that is outside
of the TND.
(12)
Commercial areas of the TND are encouraged to have dwelling
units or offices placed above first-floor commercial uses.
B.
Requirements. The tract size for a TND shall be a minimum of 50 contiguous
acres and shall be served by both public water and public sanitary
sewer.
C.
Presentation of a master plan showing the following:
(1)
Location on map showing the project in relation to the surrounding
area.
(2)
Property line and easements with dimensions and area.
(3)
Location, size, spacing, setbacks and dimensions of all existing
and proposed buildings and structures.
(4)
The building types and floor plans to clearly define the character
of the project.
(5)
Topographic information showing existing features and conditions
and proposed grading.
(6)
Landscaping plans showing open spaces, planting, existing and
proposed trees and recreational areas and facilities.
(7)
Existing streets showing access to the project, proposed roads
and parking layout with dimensions.
(8)
Pedestrian circulation plan, providing for effective pedestrian
travel on-site between facilities within the central commons area.
(9)
Location, size and dimensions of common open spaces and recreation
areas.
(10)
Location of pedestrian and bicycle pathways for entire TND site.
(11)
Stormwater management facilities, including detention basins
(if any).
D.
Written information shall be provided regarding:
(1)
The land use designations.
(2)
Surrounding land uses.
(3)
Project design team.
(4)
Proposed development schedule.
(5)
Type, size, number and estimated selling prices of units.
(6)
Density calculations.
(7)
Nature and extent of the common open space in the project, including
proposals for the maintenance and conservation of the common open
space, the adequacy of the amount and function of the open space in
terms of the densities and dwelling types proposed in the plan.
(8)
The manner in which the plan makes adequate provision for public
services, provides adequate control over vehicular traffic as well
as the amenities of light and air, recreation and visual enjoyment.
(9)
The relationship, beneficial or adverse, of the proposed development
upon the physical environment and the neighborhood in which it is
proposed to be established.
(10)
When applicable, documentation indicating compliance and approval
of mandated state statutes or other laws.
(11)
The manner in which such plan address the community need or
demand for the type of housing and services proposed.
(12)
A statement as to any alternate forms of available transportation
for residents, if available.
(13)
A statement as to an emergency management plan.
(14)
Any plan for a community center.
(15)
A written statement of the proposed substance of deed restrictions
or similar controls that would affect matters addressed in this chapter
and specifically containing requirements contained herein.
(16)
A draft set of homeowner association or condominium association
provisions for review and acceptance by the Township Solicitor.
E.
Allowed Uses. The following uses shall be permitted uses within an
approved TND, provided all the uses are consistent with the master
plan:
(1)
Single-family detached: minimum of 10% of units.
(2)
Semidetached: minimum of 30% of units.
(3)
Attached dwellings such as townhouses, not to exceed six contiguous
units: maximum of 40% of units.
(4)
Apartments: maximum of 5% of structures with a maximum of 40
apartment units per TND.
(5)
All permitted uses in the C-N District as shown in § 27-1402, provided the following:
(a)
Commercial uses shall only be permitted adjacent
to or within 200 feet from a central commons within a TND or along
a traditional downtown-style main street.
(b)
Commercial buildings shall have their main pedestrian
entrance facing a street or a central commons.
(c)
No less than 2% nor more than 15% of the units
shall be used for commercial uses.
(d)
Individual commercial units shall not exceed 1,000
square feet of interior floor area. The Board of Commissioners may
allow individual commercial units to exceed 1,000 square feet of interior
floor area; however, each additional portion of 1,000 square feet
of floor area shall be counted as one additional unit. (Example: A
2,500 square foot interior floor area commercial unit shall count
as three units.)
(e)
The developer shall have the option of offering
certain single-family dwelling units specified on the master plan
as "live work units" that encourage a person to work on the first
floor and live in the upper stories. However, those dwelling units
are not required to be used as live work units. Said units shall be
counted against the minimums stated in Subsection 28E(1) above.
(6)
Indoor or outdoor noncommercial recreation facilities owned
by the Township or a homeowners' association.
(7)
Preserved open space or a nature preserve.
(8)
Golf course with a minimum acreage of 50 acres.
(9)
Nursing Homes. Nursing homes shall not be subject to nor part
of Subsection 28E(1), (2), (3) and (4) calculations above.
(10)
Assisted-Living Facilities. Assisted-living facilities shall
not be subject to nor part of Subsection 28E(1), (2), (3) and (4)
calculations above.
(11)
Independent Retirement Living Units. Independent retirement
living units are subject to Subsection 28E(1), (2), (3) and (4) calculations
above.
F.
Additional Requirements.
(1)
Master Plan. The TND shall be developed following a single master
plan. Consistent with final plan approvals, individual portions of
the TND may be owned and constructed by different entities, provided
there is compliance with the master plan and the phasing plan with
acceptable access provided for each individual portion of land being
developed.
(2)
Streets. Streets shall be designed and constructed as required by Township ordinance except that all new streets shall be sufficiently wide to allow on-street parking along at least one side of the street, and to provide room for bicycle riding, unless a separate bicycle pathway is provided. All streets, whether public or private, shall be constructed in accordance with requirements of § 22-502 of Chapter 22, Subdivision and Land Development.
(3)
Sidewalks/Pathways. Sidewalks or other Township-approved pedestrian
pathways shall be provided along both sides of each street. The width
of sidewalks shall be a minimum of eight feet along a commercial main
street and a minimum of five feet in other locations. The materials,
depths and cross-sections of the sidewalks and crosswalks shall be
subject to approval by the Township, after review by the Township
Engineer.
(4)
Street Lights. Street lights meeting minimum requirements of
the Township and the electric provider shall be installed at all street
intersections and at other locations approved by the Township as part
of the subdivision and land development approval process.
(5)
Signs. For commercial uses, signs shall conform to the requirements
for signs in the C-N District, Part 23. However, no signs shall be
internally illuminated, and no freestanding sign shall have a height
exceeding eight feet.
(6)
Dimensional Requirements.
(a)
Single-family detached dwellings: minimum lot area:
5,000 square feet; minimum lot width at the minimum building setback
line: 40 feet, except 50 feet if garage door(s) for two or more vehicles
will face the front of the dwelling along a street.
(b)
Semidetached dwelling unit: minimum lot area: 3,000
square feet; minimum lot width at the minimum building setback line:
25 feet.
(c)
Attached dwelling unit (townhouse or condominium):
minimum lot area: 2,000 square feet; minimum dwelling unit width at
the front of the enclosed dwelling unit: 18 feet, except 24 feet if
garage doors for two or more vehicles will face onto the front of
the dwelling along a street. Maximum number of connected dwellings
units is 6. Minimum separation distance between each set of connected
dwellings is 15 feet.
(d)
Principal nonresidential use: minimum lot area:
5,000 square feet; minimum lot width at the minimum building setback
line: 30 feet.
(e)
Maximum total impervious lot coverage for each
phase of the TND after completion is 40%.
(f)
In place of individual fee-simple lots meeting
these dimensional requirements, an applicant may choose to utilize
a condominium form of ownership. In such case, the lots shall be laid
out so that the dimensional and coverage requirements would physically
be able to be met as if the dwellings were on fee-simple lots.
(g)
Maximum building height: 45 feet or three stories,
whichever is more restrictive.
(7)
Building Setbacks/Yards.
(a)
Perimeter Setback. In addition to the minimum yard
setbacks, there shall be a thirty-foot property perimeter setback.
(b)
Front yard and side yard from a local street: minimum
five feet, maximum 30 feet from a new local street.
(c)
Front yard or side yard from a collector street:
minimum 10 feet, maximum 35 feet from a new collector street.
(d)
Any yard from an arterial street: minimum 30 feet,
except minimum of 10 feet if the arterial street is integrated into
the commercial portion of the development.
(e)
Side yards: minimum five feet each.
(f)
Rear yard: minimum 30 feet.
(g)
Rear yard for a vehicle garage serving a dwelling
or a dwelling unit that is permitted to be above a garage: minimum
of five feet. A deck attached to a dwelling may extend into the rear
yard and may extend over a vehicle garage, provided the deck is not
enclosed.
(h)
A maximum of 20% of the single-family detached,
semidetached or attached dwelling units are not required to meet minimum
lot size requirements or have a minimum lot width directly along a
street right-of-way, provided each dwelling unit: 1) has a minimum
lot width of 20 feet along a fire lane or street; and 2) fronts upon
a landscaped central commons with a paved or concrete sidewalk or
pathway that provided pedestrian access to a street.
(i)
A maximum of five feet of the required front yard
setback may be used for an unenclosed front porch, stoop, steps, handicapped
ramp, awning or canopy.
(8)
Commercial. A principal commercial use shall be set back a minimum
of 200 feet from any dwelling unit outside of the TND that existed
at the time of the enactment of this section.
(9)
Open Space.
(a)
A minimum of 20% of the total lot area of the tract shall be permanent open space, including a looping recreation trail. Payment of a fee in lieu of providing public recreation space required by this subsection shall be allowed for a TND at the discretion of the Board of Commissioners in accordance with Chapter 22, Subdivision and Land Development, § 22-510.
(b)
A landscaping plan for the open space shall be
prepared.
(c)
In addition, one central commons open space with
a minimum lot area of 20,000 square feet with a minimum width of 60
feet with trees will be provided.
(d)
The required central commons shall include benches
of durable construction and hard-surface pathways. The pathways in
a central commons shall be ADA-accessible.
(e)
Stormwater detention basins and drainage channels
shall not be used to meet the minimum common open space requirements.
(10)
Parking Setback. No parking area of five or more spaces shall
be located within 30 feet from a contiguous lot line of a dwelling
that is outside the perimeter of the TND and that existed prior to
the enactment of this section. Off-street parking for a commercial
use shall not be located between the commercial use building and the
front lot line along a street. Off-street parking shall be located
to the side or rear of a commercial building or in a common parking
area.
(11)
Architecture Provisions. The applicant shall establish legally
enforceable provisions controlling the styles of architecture, rooflines,
porches and the general types of exterior materials.
(a)
The substance of such draft provisions shall be
provided to the Township in writing for review at the time of preliminary
subdivision submission. Such provisions shall be subject to approval
by the Board of Commissioners as a condition of final subdivision
and land development approval. Any future substantive changes to the
architectural provisions established under this section shall require
approval by resolution of the Board of Commissioners.
(b)
The Township may require that some or all of the
architectural provisions be recorded and/or be included in a development
agreement with the Township. The Township shall have the authority
to ensure that a system continues to be in place to enforce the architectural
provisions that were required by the Township.
(12)
Independent Retirement Living. In the development (TND) of the
tract for independent retirement living to serve the needs of older,
retirement-age persons, the following shall be included:
29.
Student Housing. An applicant for a special exception shall include
and meet the following requirements:
B.
The tract size for student housing shall be a minimum of two contiguous
acres, and shall be served with both public water and public sanitary
sewer.
C.
The property shall be within 1,000 feet of the property line of a
property owned or leased by an educational institution, college or
university, trade school or similar entity and where classes or other
instructional activities are held.
D.
The density of student housing shall be a maximum of 12 student housing
dwelling units per acre.
E.
There shall be no basement units.
F.
There shall be no more than four bedrooms in any student housing
dwelling unit.
G.
There shall be no less than one bedroom for every individual (including
minor children) in a student housing dwelling unit.
H.
Off-street parking shall be provided at the rate of one parking space
for each bedroom on the property.
I.
All parking spaces shall be located within 200 feet of the dwelling
unit it is intended to service.
J.
For student housing with 20 or more units, a full-time manager shall
reside on the property and be available by telephone at all times
to the Township.
K.
A minimum of 20% of the net lot area shall be set aside as permanent
open space. No portion of this required open space shall be utilized
for stormwater management purposes. Said open space shall also be
exclusive of wetlands, steep slope, one-hundred-year floodplain, and
public right-of-way.
30.
Parcel Delivery Distribution Facilities. Where permitted, parcel
delivery distribution facilities may be established subject to the
following:
[Added by Ord. No. 572,
10/18/2017]
A.
A parcel delivery distribution facility building shall not be located
within 100 feet of a residential use or district.
B.
A minimum of 100 acres shall be provided.
C.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
D.
Any use where diesel-operated trucks periodically congregate will
have in place an anti-idling policy, with a maximum idling time per
truck of five minutes.
E.
The use shall provide sufficiently long stacking lanes and on-site
loading/unloading areas, so that trucks waiting to be loaded/unloaded
will not back up onto public roads. No parking areas or loading/unloading
areas shall be permitted within 50 feet of any public street right-of-way
line.
F.
The subject property shall have a minimum of 200 feet of contiguous
road frontage.
G.
Any gates or other barriers used at the entrance to parking areas
shall be set back and arranged to prevent vehicle backups onto adjoining
roads during peak arrival periods.
H.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. Outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service
or repair operations must be screened from adjoining roads and properties.
I.
The permanent outdoor storage of unlicensed and/or uninspected vehicles
is prohibited. This shall not prohibit the temporary outdoor storage
of new vehicles during the time between acquisition and placed into
service as part of the use.
J.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within 30
days after arrival.
[Ord. 384, 7/17/1993, § 1903]
Applications for special exception uses shall be processed in compliance with §§ 27-2708 and 27-2712 of this chapter. In reviewing and deciding upon special exception applications, the following standards and criteria shall apply:
A.
Compatibility. The proposed use will be reviewed as to its relationship
to and effect upon surrounding land uses and existing environmental
conditions regarding the pollution or air, land and water, noise,
potential of hazards and congestion, illumination and glare, restrictions
to natural light and circulation of air.
B.
Purpose. Review the intended purposes of the proposed use as it relates
to the Township's development objectives established in the Township
Comprehensive Plan.
C.
Suitability. The nature of activity and population serviced, numbers
of participating population, frequency of use, adequacy of space and
spatial requirements, potential generation and impact of congestion
will be reviewed as suitably related to the proposed location of potential
use.
D.
Accessibility. Ingress to the site of the proposed use, circulation
and movement of pedestrian and vehicular traffic, parking requirements
and accessibility to the existing and proposed Township highway system
will be reviewed.
E.
Serviceability. The adequacy of utility services and facilities such
as sanitary and storm sewers, water, trash and garbage collection
and disposal shall be revised and/or plans acceptable to the Township
shall demonstrate how services shall be provided.
F.
Applicability. The proposed use will be reviewed as to its application
to the coordination with the planning policies of the Township and
its Comprehensive Plan and plans for land use, highways, schools,
parks, sewers, water distribution and population growth.
H.
In granting a special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this Part, as it may deem necessary to implement the purposes of
this Part.
[Ord. 384, 7/17/1993, § 1904; as amended by Ord.
448, 11/15/2000]
1.
The primary living and sleeping quarters of dwelling units shall
not be permitted in cellars.
2.
The following uses are prohibited in all districts throughout the
Township:
A.
The incineration, reduction or storage of garbage, offal, animals,
fish or refuse, unless by the authority of or under the supervision
of the Township. Specifications of the Pennsylvania Department of
Labor and Industry and the office of the Fire Marshal shall be followed.
The incineration which is generally accessory to and conducted by
individual homeowners is permitted, subject to rules and regulations
of the Pennsylvania Department of Environmental Protection.
B.
Dumps and dumping of any kind, other than an approved sanitary landfill,
unless by the authority of or under the supervision of the Township
Commissioners.
C.
Automobile wrecking, salvage and junk yards, except when licensed
by the Township, in that case only when located in the I Industrial
District.
D.
Racetracks for stock cars, midget cars and other motorized vehicle
racing.
E.
Head Shops. No person shall operate a head shop or any other business
which involves, in whole or in part, the sale, lease, trade, gift
or display for sale of any and all types of drug paraphernalia in
any zoning district within the Township.
F.
Massage parlors, in which there exists:
(1)
The offering or furnishing of service in which "specified sexual
activities":
(a)
The treatment of any person of the opposite sex, except upon
the signed order of a licensed physician, osteopath, chiropractor
or registered physical therapist, which order shall be dated and shall
specifically state the number of treatments, not to exceed 10. The
date and hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be subject to inspection by police. The requirements
of this provision shall not apply to treatments given in the residence
of the patient, the office of a licensed physician, osteopath or registered
physical therapist, chiropractor, or in a regularly established and
licensed hospital or sanitarium.
(b)
The massage of, or physical contact with, the sexual or genital
parts of one person by any other person. Sexual or genital parts shall
include the genitals, pubic area, buttocks, anus or perineum of any
person, or the vulva or breasts of a female.
(c)
The failure to conceal with a fully opaque covering the sexual
or genital parts of the body.
3.
The establishment or operation of an adult book store, adult motion
picture theater, adult mini motion-picture theater, adult drive-in
theater, adult walk-in picture theater or adult cabaret.
4.
The establishment or operation of any business which involves, in
whole or in part, the sale, lease, trade, gift or display for sale,
lease, trade or gift of any and all types of obscene materials.
[Ord. 384, 7/17/1993, § 1905]
In any district established by this chapter, when a specific
use is neither permitted nor denied, the Zoning Hearing Board shall
make a determination as to the similarity or compatibility of the
use in question to the permitted uses in the district. If the use
not specifically provided for is determined by the Board to be compatible,
a permit may be authorized. No zoning permit shall be issued by the
Zoning Officer for any unspecified use until this positive determination
has been made and recorded in the official records of the Board.
[Ord. 384, 7/17/1993, § 1906; as amended by Ord.
531, 5/18/2011, § 2]
1.
No residential building shall be erected to a height in excess of
35 feet; provided, however, that this height may be increased one
foot for each additional foot that the width of each yard exceeds
the minimum required, but no approval shall be granted for a height
increase in excess of 40 feet.
2.
Height regulations for a principle building located in an Airport
Industrial, Commercial Highway, Office Park, and Educational-Institutional
District may be increased in excess of 40 feet, by special exception,
providing the following conditions so warrant:
A.
Buildings must be designed in accordance with all applicable building
codes and ordinances of Lower Swatara Township.
B.
Site plans must be designed in accordance with all applicable codes
and ordinances of Lower Swatara Township.
C.
When deemed necessary, the Chief of the Fire Department, or his designated
agent, will be consulted by the Zoning Officer for comments on building
and site plans with regards to built-in fire protection and or pre-fire
planning.
D.
Public water supply with adequate flows must be permitted to the
site. Fire hydrants shall also be provided on the site.
F.
Buildings over 40 feet in height shall require all yard setbacks
to be equal to the height of said building.
G.
Buildings over 40 feet in height shall be compatible with the surrounding
land uses.
3.
Height regulations shall not apply to any of the following, provided the use is not for human occupancy: agriculture buildings, spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, bulkheads, public utility poles or towers, silos and ornamental or necessary mechanical appurtenances. However, any encroachment of the aviation imaginary air surface as indicated on the plan of the Federal Air Regulation Part 77, as amended, must be approved in writing by the appropriate aviation authorities in accordance with § 27-2014, Subsection 2.
4.
For all residential circumstances, accessory buildings shall not
exceed 14 feet in height.
[Ord. 384, 7/17/1993, § 1907; as amended by Ord.
448, 11/15/2000]
1.
Notwithstanding the specific district regulations, lot areas shall
be established to a size deemed necessary by the Department of Environmental
Protection to provide satisfactory on-site septic systems where public
sewage service is not available.
2.
On an unimproved lot held in single and separate ownership at the
effective date of this ordinance which does not fulfill the regulations
for the minimum lot area and width for the district in which it is
located, a building may be erected, altered and used thereon.
3.
The area, width and depth of lots small provide adequate open space
for off-street loading, unloading and/or parking area and yards. In
all cases where public sewers are not available, the lot areas shall
be of sufficient size to provide open areas, exclusive of parking
areas or other paved areas for a septic tank and tile field.
[Ord. 384, 7/17/1993, § 1908; as amended by Ord.
437, 5/19/1999, § 4; and by Ord. 448, 11/15/2000]
Yards shall be provided in accordance with the provisions set
forth herein and shall be planted with trees, shrubs, grass seed,
sod, ground cover excepting in cases where walks, access drives, off-street
parking lots, patios and other types of surfaces are permitted by
this chapter. All yards shall be maintained and kept free of all debris
and rubbish.
A.
Front Yards; Setbacks. Where the street or private road upon which
the lot abuts is less than 50 feet in width, the front yard depth
and the width of the side yard abutting the street or private road
shall be measured from a line parallel to and not less than 25 feet
from the center line of the street or private road.
B.
Sight Distance. Hereafter, buildings, structures including signs
and plant materials, shall be set back at street intersections to
provide a sight distance measured along the center line, three feet
above grade, of not less than 300 feet on arterial streets, 200 feet
for collector streets and 100 feet for minor streets.
C.
Adjustments to Setbacks in Front Yards.
(1)
When an unimproved lot is situated between two improved lots,
each having a principal building which extends into the required front
yard and has been so maintained since the effective date of this chapter,
the setback in the front yard of such unimproved lot may be the same
depth of the front yards of such two adjacent improved lots, notwithstanding
the yard requirements of the district in which it is located.
(2)
Where an unimproved lot adjoins only one improved lot containing
a principal building within 25 feet of the common side lot line, which
extends into the required front yard, the setback in the front yard
of such unimproved lot may be the average depth of the front yard
of such adjacent improved lot and the front yard required for the
district, notwithstanding the yard requirements for such district.
(3)
An accessory building shall not be erected or substantially
altered within any front yard.
D.
Side yards.
[Ord. 547, 10/16/2013]
(1)
Side yards for corner lots. On a corner lot, the side yard abutting
any street shall have a width equal to the depth of the front yard
required in the district and shall be subject to all front yard requirements
of this chapter.
(2)
Only one side yard shall be required for each dwelling in a
duplex.
(3)
On a lot, held in single and separate ownership at the effective
date of this chapter, with a lot width less than required for the
zone district, only one single-family dwelling may be erected, and
side yards shall be provided according to the following requirements:
(a)
On lots having a width less than required by the district regulations
but not less than 27 feet in width, two side yards shall be provided,
neither being less than five feet wide.
(b)
On lots less than 27 feet but not less than 20 feet in width,
the building shall not exceed 16 feet in width, and two side yards
shall be provided not less than four feet wide.
(4)
An accessory building may be erected within one of the side
yards or within the rear yard as follows:
(a)
An accessory building may be attached to the main building.
(b)
When not attached to a main building, the accessory building
shall be not less than 10 feet from the main building, except that
when no windows are located in the opposing walls, the minimum distance
can be reduced to five feet.
(c)
When a side or rear yard is along an alley, the accessory building
shall be located not less than 30 feet from the center line of the
alley.
(d)
When constructed in a rear yard, the accessory building may
be located not less than five feet from the rear lot line.
(e)
When constructed in a side yard, the accessory building shall
be no less than five feet from the side lot line.
(f)
A carport, open on three sides, may be erected within one of
the side yards when attached to a dwelling existing on May 24, 1977,
provided that the carport shall be not less than six feet from the
side lot line.
(g)
A carport, open on three sides, which is located in one side
yard and attached to a dwelling existing prior to May 24, 1977, may
be enclosed, provided that the enclosed carport shall be not less
than six feet from the side lot line and that all other provisions
of this chapter are met.
E.
Courts. Courts shall conform to the following requirements:
(1)
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residential or
business district wherever any room therein in which a person or persons
live, sleep or congregate cannot be adequately lighted and ventilated.
Such court shall be adjacent to the room, the windows of which shall
open in such court. (This section shall not apply where controlled
light and/or ventilation are required, nor to climatized structures
of all kinds.)
(2)
Court Size. Rules and regulations of the Department of Labor
and Industry and the Department of Environmental Protection shall
prevail.
(3)
The minimum distance separating multiple-family buildings from
nonresidential uses shall not be less than 50 feet.
F.
Buffer Yards and Screen Planting. Unless otherwise permitted, where
buffer yards are required by the terms of this chapter, they shall
be provided in accordance with the following standards:
(1)
A buffer yard of 50 feet shall be required in all cases where
the nonresidential district boundaries abut a residential use or residential
district boundary.
(2)
At least 20 feet of the buffer yard area shall be planted with
a dense screen planting having an opacity of 80% after the first year
and thereafter. The remainder of the buffer yard area shall be planted
with grass, seed, sod or ground cover. Buffer yards shall be kept
free of all debris and rubbish.
(3)
When said district boundary is a public street, the buffer yard
may be reduced to 20 feet and shall be planted with a dense screen
planting having an opacity of 80% after the first year and thereafter.
(4)
The required yard space for the district in which the use is
located may not be considered as part of the buffer yard area.
(5)
No structure, storage area or parking, loading/unloading area
shall be permitted in the required buffer yard; however, such area
may be crossed by access drives.
(6)
The screened buffer may consist of a masonry wall, wood fence,
trees, shrubs, berms or a combination thereof. In the event a masonry
wall or wood fence is used for screening purposes, vegetative landscaping
shall be placed and maintained between the wall or fence and the property
line adjacent to the residential district or use to form an ornamental
screen.
G.
Projections in Yards.
(1)
Cornices, eaves, gutters, bay windows and chimneys may project
into the front or rear yard of a lot not more than 42 inches and into
side yards not more than 24 inches.
(2)
Covered porches and carports attached to or a part of a dwelling
constructed after May 24, 1977, whether enclosed or unenclosed, shall
be considered as part of the dwelling and shall not project into any
yard.
(3)
A covered porch, open on three sides, may be erected within
the front yard when attached to a dwelling existing prior to May 24,
1977; providing, that the projection into the front yard from the
existing dwelling shall not exceed eight feet and the covered porch
shall be not less than 17 feet from the front lot line. Any porch
wall constructed shall not exceed 32 inches above the finished porch
floor elevation. All porch railings shall not exceed 32 inches above
the finished porch floor elevation. A covered porch located within
the front yard will not be permitted to be screened or enclosed.
(4)
Patios, wooden decks, stoops, stairs and window wells customarily
incidental to the dwelling may project into front, side or rear yards
of a lot a distance not to exceed 48 inches.
(5)
For residential single-family dwellings, driveways and adjacent
parking aprons shall be located no closer than two feet from a side
property line.
H.
Fences and Walls.
(1)
Fences and walls may be erected, altered and maintained within
yards, provided that: (a) any such fence or wall in the front yard
shall not exceed three feet in height; and (b) any fence or wall in
the side or rear yard shall not exceed six feet in height.
(2)
If the fence is wood cover on wood frame, the framework must
face onto the interior of the lot, unless the fence is so designed
as to provide equal frame and cover area to adjoining yards.
(3)
If the fence is open metal mesh, supported by posts and frame
of either pipe or wood, the posts and frames must be on the interior
of the mesh.
(4)
If the fence is of masonry construction, a finished surface
must be provided on the exterior side.
(5)
No fence shall be constructed in any street or alley right-of-way.
(6)
All fences must meet the intersection visibility requirements
set forth in Subsection I below.
I.
Obstructions to Vision.
(1)
No fence, sign or other structure shall be erected, altered
and no hedge, tree, shrub or other growth shall be maintained or permitted
which may cause danger to traffic on a street or public road by obscuring
the view.
(2)
At all intersections of streets, private roads and/or access
drives, a clear sight triangle shall be maintained within which there
shall be no visual obstructions other than public utility poles and
trees, such as a wall, fence, sign or other structure and hedge, shrub
or other growth of more than three feet above the grade of the street
and/or access drive or private road, as the case may be.
(3)
The clear sight triangle shall be as follows when measured from
the point of intersection of:
J.
Storage, On-Lot. Excepting in the case of agricultural, farm machinery
or automobile dealerships, no unlicensed commercial vehicle, truck,
tractor, trailer, mobile home, boat or any similar vehicle, material
or equipment shall be regularly parked or stored for more than 24
hours in any district unless it is:
(1)
In an enclosed structure.
(2)
If not in an enclosed structure, the vehicle, material or equipment
shall be screened from view from the adjoining properties and the
street at all seasons of the year. The screening may be an evergreen
hedge or fence, or combination of materials of a size and spacing
as approved by the Township Commissioners.
(3)
The storage of the vehicle, material or equipment shall not
be permitted within any required front yard. Such storage may occur
in side and rear yards but not closer than 10 feet to a lot line.
(4)
The foregoing regulations do not apply to an occasional visitor
to a dwelling in a residential district.
[Ord. 384, 7/17/1993, § 1909; as amended by Ord.
448, 11/15/2000]
1.
The minimum habitable floor area of a dwelling unit or any building
or structure hereafter erected or used for living purposes shall be
700 square feet. In case of apartment units and conversion/accessory
apartments, the minimum habitable floor area shall be not less than
400 square feet per apartment, except those apartments designed for
and occupied exclusively by one person, which apartment shall each
contain not less than 300 square feet of habitable floor area.
2.
The following may be authorized as a special exception by the Zoning
Hearing Board:
A.
The minimum habitable floor area regulations may be reduced for mobile
homes, camping trailers and cabins when located in a mobile home park,
recreation vehicle park or camp approved by the Pennsylvania Department
of Environmental Protection and the Township and when used for temporary
living quarters.
B.
In any district where single-family dwellings are permitted, the
Zoning Hearing Board may authorize by special exception the reduction
of minimum habitable floor area for a single-family dwelling to 600
square feet, providing such dwelling will not:
[Ord. 384, 7/17/1993, § 1910]
Due to justifiable circumstances creating unnecessary hardships,
the area, width or depth of any lot may be reduced and the coverage
of buildings may be increased from the requirements of this chapter
no more than 20% when approved by the Zoning Hearing Board.
[Ord. 384, 7/17/1993, § 1911; as amended by Ord.
448, 11/15/2000]
All methods and plans for the on-lot disposal of sewage and
wastes shall be designed in accordance with all applicable regulations
pertaining to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the Department of Environmental Protection
shall be a prerequisite to the issuance of a building permit.
[Ord. 384, 7/17/1993, § 1912; as amended by Ord.
448, 11/15/2000]
Hereafter, all uses of land, building and structures or industrial
processes shall be prohibited that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
odor, gas fumes, noise, vibration or similar substances or conditions;
provided, however, that any uses may be permitted except those specifically
prohibited in the district regulations or general provisions, if adequate
provisions, and safeguards to protect the health, safety, morals and
the general welfare of the community are established by a written
agreement, subject to the securing of a permit therefor and subject
to the carrying out of such provisions, restrictions, and safeguards.
A.
Nuisance and Hazard Abatement.
(1)
Noise. At no point on or beyond the boundary of any lot shall
the sound pressure level resulting from any use or activity, whether
open or enclosed (except noise not directly under control of the property
user, noises resulting from the construction and maintenance of buildings
and facilities including site preparation, and the noises of safety
signals, warning devices, railroads and automobile traffic) exceed
the maximum permitted decibel levels for the designated octave band
as set forth in the table below:
|
Octave Band, Frequency
(cycles per second)
|
Sound Pressure Level
(decibels)
|
|---|---|
|
0 to 71
|
73
|
|
75 to 149
|
68
|
|
150 to 299
|
60
|
|
300 to 599
|
53
|
|
600 to 1,199
|
47
|
|
1,200 to 2,399
|
41
|
|
2,400 to 4,799
|
35
|
|
4,800 and over
|
33
|
|
NOTES:
|
|
In general, when a noise reading on an A-weighted scale for
any eight-hour day exceeds 90 dBA, it shall be found in violation
of these standards.
|
B.
Odors. No continuous, frequent or repetitive emission of odors or odor-causing substance which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the Air Pollution Abatement Manual, as amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
C.
Offensive Area. All areas for parking, recreation, service, utility
equipment, waste receptacles and/or other elements which because of
their appearance, odor and/or noise would be offensive to those occupying
the lot or adjoining lots or those on the street shall be screened,
landscaped or otherwise treated to eliminate the offensive condition.
D.
Lighting. Lighting of all types shall be directed so as to reflect
away from adjacent lots and public rights-of-way. Effort must also
be made to minimize glare on adjacent property.
E.
Fire. No structure nor activity on a site or within a structure shall
pose a hazard of fire for adjacent lots and/or structures. Access
for firefighting men and equipment shall be provided for every structure
on the site.
F.
Smoke. It shall be unlawful for any person to permit the emission
of any smoke from any source whatever of a density equal to or greater
than that density described as No. 2 on the standard Ringelmann Chart,
published by the United States Bureau of Mines.
G.
Toxic and Noxious Matters. No emission which would be demonstrably
injurious to human health, animals or plant life at or beyond the
boundaries of any lot will be permitted. Where such an emission could
result from an accident or equipment malfunction, adequate safeguards
considered standard for safe utilization of the toxic and noxious
matters involved shall be taken.
H.
Radiation Hazards. The handling of radioactive materials, the discharge
of such materials into air and water and the disposal of radioactive
waste shall be in conformance with the applicable regulations of the
federal and state governments.
I.
Fire and Explosive Hazards. The storage, utilization or manufacture
of solid materials or products ranging from free or active burning
to intense burning is permitted, but only if said materials or products
are stored, utilized or manufactured within a completely enclosed
building having incombustible exterior and protected throughout by
an automatic fire-extinguishing system. All activities involving the
use and/or storage and/or disposal of flammable or explosive material
shall be provided with adequate safety and protective devices against
hazards of fire and explosion, as well as with adequate firefighting
and suppression equipment and devices standard to the industry involved.
J.
Glare and Heat. Any operation producing intense glare or heat shall
be performed within an enclosure so as to completely obscure such
operation from view from any point along the property line, except
during the period of construction of the facilities to be used and
occupied.
K.
Electromagnetic Radiation. In the interest of maintaining an atmosphere
fruitful to research, there shall be no electromagnetic interference
that adversely affects at any point the operation of any equipment
other than that belonging to the creator of such interference, or
that is not in conformance with the regulation of the Federal Communications
Commission.
L.
Fly Ash, Dust, Fumes, Vapors, Gases and other Forms of Air Pollution.
No emission which can cause any damage to health, to animals or vegetation
or other forms of property, or which can cause any excessive soiling
at any point, and in no event any emission, from any chimney or otherwise,
of any solid or liquid particles in concentrations exceeding 0.3 grain
per cubic foot of the conveying gas or air at any point shall be permitted.
This shall be measured at the point of emission.
M.
Water. No emission of polluters (as defined by the Pennsylvania Department
of Environmental Protection) into a waterway or sewage system extending
beyond the property line shall be permitted.
[Ord. 384, 7/17/1993, § 1913]
1.
Prior to obtaining a permit for any construction or earthmoving activities,
the applicant must submit an erosion and sedimentation control plan
and surface water management plan for approval by the Township Engineer.
2.
Such plans shall be in conformance with those engineering standards
deemed acceptable by the Township Engineer.
[Ord. 384, 7/17/1993, § 1914; as amended by Ord.
531, 5/18/2011, § 1]
1.
Where applicable, all development and use activities shall comply
with the standards and provisions of this chapter.
2.
Airport District Overlay.
A.
Purpose. The purpose of this section is to create an Airport District
Overlay that considers safety issues around the Harrisburg International
Airport, hereafter referred to as "HIA," regulates and restricts the
heights of constructed structures and objects of natural growth, creates
appropriate zones, establishing the boundaries thereof and providing
for changes in the restrictions and boundaries of such zones, creates
the permitting process for use within said zones and provides for
enforcement, assessment of violation penalties, an appeals process,
and judicial review.
B.
Relation of Other Zone Districts. The Airport District Overlay shall
not modify the boundaries of any underlying zoning district. Where
identified, the airport district overlay shall impose certain requirements
on land use and construction in addition to those contained in the
underlying zoning district.
C.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER-THAN-UTILITY RUNWAY
NONCONFORMING USE
NON-PRECISION-INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases when used in this section
shall have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the HIA is 310.00.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1, is based on the conical
surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[3] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this section
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicted on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1,[4] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1,[5] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is on file in the Township offices.
[3]
Editor's Note: Figure 1 is on file in the Township offices.
[4]
Editor's Note: Figure 1 is on file in the Township offices.
[5]
Editor's Note: Figure 1 is on file in the Township offices.
D.
Establishment of Airport Zones. There are hereby created and established certain zones within this section, defined in Subsection C and depicted on Figure 1[6] and illustrated on HIA Hazard Area Map, hereby adopted
as part of this section, which include:
(1)
Approach Surface Zone.
(2)
Conical Surface Zone.
(3)
Horizontal Surface Zone.
(4)
Primary Surface Zone.
(5)
Transitional Surface Zone.
[6]
Editor's Note: Figure 1 is on file in the Township offices.
E.
Permit Applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F.
No permit is required to make maintenance repairs or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
F.
Variance.
(1)
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable air space. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
(a)
No Objection. The subject construction is determined not to exceed
construction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
(b)
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I, Obstruction Marking and Lighting.
(c)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, or will be in accordance
with the intent of this section.
G.
Use Restrictions. Notwithstanding any other provisions of this section,
no use shall be made of land or water within the Airport District
Overlay in such a manner as to create electrical interference with
navigational signals or radio communications between the airport and
aircraft, make it difficult for pilots to distinguish between airport
lights and others, impair visibility in the vicinity of the airport,
create bird strike hazards or otherwise endanger or interfere with
the landing, takeoff or maneuvering of aircraft utilizing the HIA.
H.
Preexisting Nonconforming Uses. The regulations prescribed by this
section shall not be construed to require the removal, lowering, or
other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this section, or otherwise
interfere with the continuance of a nonconforming use. No nonconforming
use shall be structurally altered or permitted to grow higher, so
as to increase the nonconformity, and a nonconforming use, once substantially
abated (subject to the underlying zoning ordinance), may only be reestablished
consistent with the provisions herein.
I.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection F to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
L.
Conflicting Regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulation applicable to the same area, the more stringent limitation
or requirement shall govern and prevail.
[Ord. 384, 7/17/1993, § 1915]
1.
General. A site plan shall be forwarded to and reviewed by the Township's
Planning and Zoning Director, Building Code Official, Fire Chief and
the Township Planning Commission for the following:
[Amended at time of adoption of Code (see Ch. AO)]
A.
Water service for the site.
B.
Location of fire hydrants (public and private).
C.
Access to the site from a public street for fire department equipment.
D.
Access to and around the building for fire department equipment.
E.
Prefire planning hazards that may be present at the proposed site
(e.g., curb radius, width of private streets and lanes, parking aisles,
dumpster location, etc.).
F.
Fire lanes and emergency vehicle access.
G.
Location of fire department connection(s).
H.
Identification signs for fire lanes and prohibiting parking signs
at entrance to site.
I.
Location of lock boxes.
2.
Water Service. It shall be the responsibility of the developer of
any property in every district to provide water for fire protection
purposes in accordance with this section. Service shall be provided
as recommended by the Township Planning Commission and approved by
the Township Commissioners through any one or more of the following
means:
3.
Fire Hydrants. In order to insure that adequate fire protection is
available for the safety and welfare of the residents of Lower Swatara
Township, fire hydrants shall be provided as follows:
A.
Location of public fire hydrants shall be determined by the Township
Planning and Zoning Director as recommended by the Township Fire Chief
and Fire Marshal.
B.
Maximum distance between fire hydrants along the street main shall
not exceed the limits in Table A for each district.
C.
Fire flow rates shall not be less than the figures in Table A for
each district.
D.
Fire hydrants should be located as close to a street intersection
as possible with intermediate fire hydrants installed to meet the
required maximum distance between fire hydrants.
E.
All fire hydrants shall be placed with the pumper outlet facing toward
and perpendicular to the street or parking lot and shall be located
so that they are accessible to within 10 feet by fire apparatus. A
fire hydrant shall be located within 15 feet of the fire department
connection when the connection is installed out of a water meter pit.
F.
Fire hydrants shall be the base valve (dry barrel) type and shall
provide two two-and-one-half-inch hose outlets and one four-and-one-half-inch
pumper outlet. National standard threads in the fire hydrant shall
be uniform with that used by Lower Swatara Township Fire Department.
G.
Water system supplying the hydrants shall be capable of meeting maximum
domestic consumption at all times plus required fire flow for a minimum
duration of two hours at 20 psi residual pressure.
H.
All fire hydrants shall be classified in accordance with their rated
capacities and color-coded in accordance with the National Fire Protection
Association (NFPA 291), "Fire Flow Testing and Marking of Hydrants."
I.
Fire hydrants shall not be installed on a street main less than six
inches in diameter.
J.
All fire hydrants shall be immediately accessible at all times and
shall not be obstructed by fences, bushes, flowers, trees, walls or
any other object.
K.
Location of fire hydrants installed on private property shall be
determined by the Township Planning and Zoning Director as recommended
by the Fire Chief and Building Code Official. A sufficient number
of fire hydrants to concentrate the required fire flow demand established
by the construction type, size, use group classification and exposure
of any building shall be installed with no hose line exceeding 300
feet in length. Fire hydrants shall be installed around buildings
130,000 square feet and larger in total area or when more than six
stories in height on a looped water main in accordance with the National
Fire Protection Association (NFPA 24), "Installation of Private Service
Mains and Their Appurtenances."
[Amended at time of adoption of Code (see Ch. AO)]
|
Table A
| ||
|---|---|---|
|
Zoning District
|
Maximum Hydrant Limit
(feet)
|
Minimum Fire Flow Demand
(gallons per minute)
|
|
R-A
|
1,200
|
750
|
|
R-S
|
1,200
|
750
|
|
R-U
|
1,200
|
750
|
|
R-M
|
800
|
1,000
|
|
R-MH
|
600
|
1,000
|
|
I
|
250
|
1,500
|
|
I-P
|
400
|
1,500
|
|
A-I
|
600
|
1,200
|
|
O-P
|
400
|
1,500
|
|
C-N
|
400
|
1,500
|
|
C-H
|
400
|
1,500
|
|
MR
|
N/A
|
N/A
|
|
E-I
|
400
|
1,000
|
5.
All provisions for fire protection shall comply with the current
provisions of the Pennsylvania Uniform Construction Code, as adopted
by the Township, and the regulations of the Township Fire Department.
[Amended at time of adoption of Code (see Ch. AO).
[Ord. 384, 7/17/1993; as added by Ord. 532, 5/18/2011; as
amended by Ord. No. 570, 8/2/2017; and by Ord. No. 596, 7/7/2021]
1.
Short Title. This section shall be known as the "Lower Swatara Township
Wireless Communications Facilities Ordinance."
2.
Purposes and Findings of Fact.
A.
The purpose of this law is to establish uniform standards for the
siting, design, permitting, maintenance, and use of wireless communications
facilities in Lower Swatara Township. While the Municipality recognizes
the importance of wireless communications facilities in providing
high quality communications service to its residents and businesses,
the Municipality 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 law, the Municipality 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 Municipality 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 Municipality, 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 wireless support structures rather than the construction
of new tower-based wireless structures;
(6)
Protect Municipality 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 wireless support structures are abandoned or
become obsolete and are no longer necessary; and
(8)
Update the Municipality's wireless facilities regulations
to incorporate changes in federal and state laws and regulations.
3.
4.
Regulations Applicable to all Tower-Based Wireless Communications
Facilities.
A.
The following regulations shall apply to all tower-based wireless
communications facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF shall submit plans to the Lower Swatara Township Planning and Zoning Department for review by the Planning and Zoning Coordinator and for approval by the Board of Commissioners in accordance with the requirements of Chapter 27 "Zoning," Part 27 "Administration and Enforcement," § 27-2709 "Conditional Uses."
(b)
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.
(2)
Development Regulations. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
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 Municipality. The Board of Commissioners may grant conditional use in accordance with the procedures and requirements of Chapter 27 "Zoning," Part 27 "Administration and Enforcement," § 27-2709 "Conditional Uses."
1)
Siting. Tower-based WCF shall only be permitted in the following districts by conditional use, subject to the requirements and prohibitions of § 27-2016:
a)
Residential Agriculture District R-A.
b)
Residential Suburban District R-S.
c)
Residential Urban District R-U.
d)
Residential Multifamily District R-M.
e)
Residential Mobile Home District R-MH.
f)
Industrial District I.
g)
Industrial Park District IP.
h)
Industrial Park Limited IP-L.
i)
Airport Industrial District A-I.
j)
Office Park District O-P.
k)
Commercial Neighborhood District C-N.
l)
Commercial-Highway District C-H.
m)
Mineral Recovery District MR.
n)
Educational-Institutional District E-I.
o)
Manufacturing-Limited District M-L.
2)
Coverage or Capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage or 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 or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the Municipality's decision on an application
for approval of tower-based WCFs.
3)
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.
4)
Site Plan. An applicant for a tower-based WCF must
submit a full site plan to the Lower Swatara Planning and Zoning Coordinator,
which shall include:
a)
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 Municipality for conditional use. Written acknowledgment from the property owner of being bound by § 27-2016, the conditions of any site plan approval authorized by the Municipality, and all other requirements of the Municipal Code of Lower Swatara Township.
b)
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).
c)
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.
d)
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.
e)
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.
f)
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.
g)
An inventory of its existing wireless communications facilities, including all tower-based, nontower, and small WCF, that are either sited within Lower Swatara 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 Municipality may share such information with other applicants applying for site plan approvals or conditional use zoning permits under § 27-2016 or other organizations seeking to locate antennas within the Municipality; provided, however, that the Municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
h)
The need for additional buffer yard treatments shall
be evaluated.
(b)
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.
(c)
Prohibited in Open Space and Conserved Lands. Tower-based WCFs
shall not be located within an open space or conserved land.
(d)
Prohibited in Wetlands. No tower-based WCF shall be located
in or within 500 feet of wetlands or in the habitat of threatened
or endangered species.
(e)
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.
(f)
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:
1)
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.
2)
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.
(g)
Minimum Setbacks for Antenna Support Structures. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the support
structure and any property line or right-of-way line shall be equal
to the height of the tower plus the distance of the corresponding
minimum yard setback (front, side and rear) for the zoning district
in which the lot is located and any other additional requirements
for that zoning district. Guy wires and accessory facilities must
also satisfy the minimum zoning district setback requirements.
(h)
Minimum Setbacks for Accessory Structures. All antenna installations,
including tower-based WCF, shall comply with the accessory structure
setback requirements of the underlying zoning district, and shall
be mounted in the rear yard or on the roof unless reception is inhibited
or visibility increased.
(i)
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
(3)
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 Master Fee Schedule.
If the Municipality receives an application for a tower-based WCF
and such application is not fully completed, then the Municipality
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 Municipality.
(4)
Notice. No later than 30 days following the submission of an
application for a tower-based WCF and the scheduling of the public
hearing (if required), the WCF applicant shall mail notice to all
owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the Municipality within 15 days
of completion. If a public hearing is required, notice of any hearing
before the Board of Commissioners shall be published in a newspaper
circulating within Lower Swatara Township at least 10 days prior to
the date of said hearing; any mailing of notices that may be required
by the Board of Commissioners shall be at least 10 days before such
hearing. The preparation and cost of publication and mailing of any
notice required for such hearing shall be at the cost and expense
of the WCF applicant.
(5)
Collocation.
(a)
An application for a new tower-based WCF shall not be approved
unless the Municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the rights-of-way shall demonstrate to the satisfaction of
the Municipality, by written submission, that a good faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing building or structure. The Municipality may deny any
application to construct a new tower if the applicant has not made
a good faith effort to collocate the antenna on an existing structure.
A good faith effort shall require that all owners of potentially suitable
structures within a 1/4 mile radius of the proposed tower-based WCF
site be contacted and that the applicant certifies in writing to the
Lower Swatara Township Planning and Zoning Coordinator that one or
more of the following reasons for not selecting such structure apply:
1)
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
2)
The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
3)
Such existing structure does not have adequate location,
space, access or height to accommodate the proposed equipment or to
allow it to perform its intended function; and/or
4)
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(6)
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 Communications Infrastructure
Contractors Association (formerly, 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 Municipality.
(7)
Wind and Ice. All 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). All tower-based WCF structures shall also be designed and
constructed to withstand the wind load for the place of installation
in accordance with the Pennsylvania Uniform Construction Code, but
not less than a wind load of 100 miles per hour.
(8)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Municipality justifying the total height of the structure.
In no case shall a WCF exceed a maximum height of 150 feet.
(9)
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.
(10)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
(b)
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Municipality's residents.
(c)
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(d)
The Municipality reserves the authority to require
the repainting of all tower-based facilities where the painting of
such facilities is not regularly maintained.
(11)
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 Lower
Swatara Township Planning and Zoning Coordinator 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 Municipality 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.
(12)
Historic Buildings and Districts. No tower-based WCF may be
located in or within 100 feet of any historic or preservation district,
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 Municipality.
(13)
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. No other signage or display is permitted.
(14)
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.
(15)
Emergency Power Supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient fuel reserves to supply continuous electric
power to operate the tower-based WCF and its antennae for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The secondary source of electric power shall be capable of
remote ignition and shall activate immediately upon loss of the primary
power source. The WCF operator may activate the electric generator
to test the secondary power source or to perform routine maintenance
on the electric generator, provided that the WCF operator deliver
written notice to the Lower Swatara Township Director of Codes and
Planning at least five business days prior to such electric generator
testing or electric generator maintenance.
(16)
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 Municipal Code, except in emergency situations requiring
the use of an electrical generator, where such noise standards may
be exceeded on a temporary basis only.
(17)
Aviation Safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(18)
Inspection Report Requirements. No later than the first day
of December of each odd-numbered year, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
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 Planning
and Zoning Coordinator 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 Municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the tower-based WCF structure shall again be
inspected in accordance with the parameters and requirements described
herein.
(19)
Retention of Experts. The Municipality may hire any consultant(s)
and/or expert(s) necessary to assist the Municipality 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 Law. The applicant and/or owner
of the WCF shall reimburse the Municipality for all costs of the Municipality's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(20)
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.
(21)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Municipality 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:
(a)
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
Municipality.
(b)
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 Municipality, the WCF and accessory
facilities and equipment may be removed by the Municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the Municipality 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.
(c)
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Municipality must approve all replacements of portions
of a tower-based WCF previously removed.
(22)
Public Rights-of-Way. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(23)
Eligible Facilities Request.
(a)
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 zoning
permit from the Municipality.
(24)
Design Regulations:
(a)
Any height extensions to an existing tower-based
WCF shall require prior approval of the Municipality. The Municipality
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 Municipality.
(b)
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 Municipality.
(c)
Any proposed tower-based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the tower-based WCF applicant's antennae and comparable antennae
for future users.
(d)
All utilities that are extended to the site of
the tower-based WCF shall be placed underground.
(25)
Surrounding Environs:
(a)
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.
(b)
The tower-based WCF applicant shall submit a soil
report to the Municipality 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.
(26)
Fence/Screen:
(a)
A security fence having a 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)
Existing mature tree growth, vegetation, and natural
land forms on and around the site shall be preserved to the maximum
extent possible. In some cases, such as tower-based WCF sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer.
(27)
Accessory Equipment:
(a)
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.
(b)
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(28)
Additional Antennae. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Municipality with a written
commitment that it will allow other service providers to collocate
antennae on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the Municipality.
(29)
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 Municipality 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 improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length.
(30)
Bond. Prior to the issuance of a conditional use zoning permit,
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 Municipal Attorney.
The bond shall provide that the Municipality may recover from the
principal and surety any and all compensatory damages incurred by
the Municipality for violations of this law, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Municipality
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:
(a)
An amount of $75,000 to assure the faithful performance
of the terms and conditions of this law.
(b)
An amount determined by the Board of Commissioners
based on engineering estimates, to cover the cost of removing and
disposing of the antenna, tower, and related facilities. The Board
of Commissioners 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.
(31)
Visual or Land Use Impact. The Municipality 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.
(32)
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 Municipality.
(33)
Inspection by Municipality. The Municipality 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 Municipal
Code or state or federal law. The Municipality and/or its agents shall
have the authority to enter the property upon which a tower-based
WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
5.
Regulations Applicable to all Nontower Wireless Facilities.
A.
The following regulations shall apply to all Nontower wireless communications
facilities:
(1)
Procedures.
(a)
Any applicant proposing a nontower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the Lower Swatara Township Planning and Zoning Department
indicating how the nontower WCF will be mounted on the structure,
for review by the Lower Swatara Planning and Zoning Coordinator and
for approval by the Board of Commissioners, as a conditional use zoning
permit, subject to the restrictions and conditions prescribed herein
and subject to the prior written approval of the Municipality.
(b)
The applicant shall prove that it is licensed by the FCC to
operate a nontower WCF and that the proposed nontower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(2)
Development Regulations. Nontower wireless communications facilities
shall be collocated on existing structures, such as existing buildings
or wireless support structures, subject to the following conditions:
(a)
Permitted Subject to Regulations. Subject to the restrictions and conditions prescribed herein, nontower WCFs are permitted in certain zoning districts as a conditional use upon review by the Lower Swatara Planning and Zoning Department and approval by the Board of Commissioners, in accordance with the procedures and requirements of Chapter 27, Part 27, § 27-2709 "Conditional Uses."
1)
Siting. Nontower WCF are permitted in the following zoning districts by conditional use zoning permit, subject to the requirements and prohibitions of § 27-2016:
a)
Residential Agriculture District R-A.
b)
Residential Suburban District R-S.
c)
Residential Urban District R-U.
d)
Residential Multifamily District R-M.
e)
Residential Mobile Home District R-MH.
f)
Industrial District I.
g)
Industrial Park District IP.
h)
Industrial Park Limited IP-L.
i)
Airport Industrial District A-I.
j)
Office Park District O-P.
k)
Commercial Neighborhood District C-N.
l)
Commercial-Highway District C-H.
m)
Mineral Recovery District MR.
n)
Educational-Institutional District E-I.
o)
Manufacturing-Limited District M-L.
2)
Height. Any nontower WCF shall not exceed the maximum
height permitted in the applicable zoning district.
3)
Equipment Building. If the nontower 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 having a 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.
(3)
Site Plan. An applicant for a nontower WCF must submit a full
site plan to the Lower Swatara Township Planning and Zoning Department
which shall include:
(a)
Written authorization from the wireless support structure owner of the proposed nontower 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 Municipality for conditional use, zoning permit. Written acknowledgement from the wireless support structure of being bound by § 27-2016, the conditions of any site plan approval authorized by the Municipality, and all other requirements of the Lower Swatara Township Municipal Code.
(b)
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 antennae; existing or proposed
electrical power source; and scaled elevation view.
(c)
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.
(d)
A written report, titled "Cost of Nontower 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.
(e)
An inventory of its existing wireless communications facilities, including all tower-based, nontower, and small WCF, that are either sited within Lower Swatara 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 Planning and Zoning Department may share such information with other applicants applying for site plan approvals or conditional use zoning permits under § 27-2016 or other organizations seeking to locate antennas within the Municipality; provided, however, that the Municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Eligible Facilities Request.
(a)
Applicants proposing a modification to an existing nontower
WCF that does not substantially change the dimensions of the underlying
structure shall be required only to obtain a zoning permit from the
Municipality.
(5)
Visual or Land Use Impact. The Municipality reserves the right
to deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
(6)
Historic Buildings and Districts. No nontower WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, or on a 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 Municipality.
(7)
Prohibited in Open Space and Conserved Lands. Nontower WCFs
shall not be located within an open space or conserved land.
(8)
Timing of Approval. All applications for nontower WCFs shall
be acted upon by the Municipality 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 Master Fee Schedule.
If the Municipality receives an application for a nontower WCF and
such application is not fully completed, then the Municipality 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 Municipality.
(9)
Retention of Experts. The Municipality may hire any consultant(s)
and/or expert(s) necessary to assist the Municipality in reviewing
and evaluating the application for approval of the nontower 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 nontower WCF shall reimburse the Municipality for all
reasonable costs of the Municipality's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(10)
Bond. Prior to the issuance of conditional use zoning permit,
the owner of a nontower 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 Attorney.
The bond shall provide that the Municipality may recover from the
principal and surety any and all compensatory damages incurred by
the Municipality for violations of this Section, after reasonable
notice and opportunity to cure. The owner shall file the bond with
the Municipality and maintain the bond for the life of the respective
facility. The owner of the nontower WCF shall maintain a bond in the
following amounts:
(a)
An amount of $75,000 to assure the faithful performance
of the terms and conditions of this Section.
(b)
An amount determined by the Board of Commissioners
based on engineering estimates, to cover the cost of removing and
disposing of the antenna and related facilities. The Board of Commissioners
may consider, but shall not be required to rely upon, applicant's
written report, titled "Cost of Nontower Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania.
(11)
Design Regulations.
(a)
Nontower 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 Municipality.
(b)
Nontower 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 nontower WCF applicant
obtains a variance.
(c)
All nontower WCF applicants must submit documentation
to the Municipality justifying the total height of the nontower support
structure. Such documentation shall be analyzed in the context of
such justification on an individual basis.
(d)
Antennae, 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.
(12)
Standard of Care. Any nontower 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 Municipality.
(13)
Wind. All nontower 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). All nontower WCF structures
shall also be designed and constructed to withstand the wind load
for the place of installation in accordance with the Pennsylvania
Uniform Construction Code, but not less than a wind load of 100 miles
per hour.
(14)
Public Safety Communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(15)
Radio Frequency Emissions. No nontower 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 nontower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Lower
Swatara Township Planning and Zoning Coordinator on an annual basis.
A nontower WCF generating radio frequency emissions in excess of the
standards and regulations of the FCC shall be considered an emergency.
The Municipality reserves the authority to revoke the permit of any
nontower WCF generating radio frequency emissions in excess of the
standards and regulations of the FCC.
(16)
Aviation Safety. Nontower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(17)
Inspection Report Requirements. No later than the first day
of December of each odd-numbered year, the owner of the nontower WCF
shall have said nontower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of nontower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Lower Swatara Township Director of Codes
and Planning 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 Municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the nontower WCF shall again be inspected in accordance with the parameters
and requirements described herein.
(18)
Maintenance. The following maintenance requirements shall apply:
(a)
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Municipality's residents.
(c)
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(19)
Upgrade, Replacement, Modification.
(a)
The removal and replacement of nontower WCFs and/or
accessory equipment for the purpose of upgrading, replacing, modifying,
or repairing the nontower WCF is permitted, so long as such upgrade,
replacement, modification, or repair does not increase the overall
size of the nontower WCF or the number of antennae.
(b)
Any material modification to a nontower WCF shall
require a prior amendment to the original permit or authorization.
(20)
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the Municipality 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:
(a)
All abandoned or unused nontower 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
Municipality.
(b)
If the nontower 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 Municipality, the WCF
and/or related facilities and equipment may be removed by the Municipality
and the cost of removal assessed against the owner of the WCF. Any
cost to the Municipality for such removal which is not paid under
the owner's bond shall constitute a lien on the tax lot on which
the nontower WCF is situated and shall be collected in the same manner
as a Municipal tax on real property.
(21)
Graffiti. Any graffiti on the nontower 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 Municipality.
(22)
Public Rights-of-Way. No nontower WCF shall be located, in whole
or in part, within the public rights-of-way.
(23)
Signs. All nontower 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.
(24)
Lighting. Nontower 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 unobstrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(25)
Emergency Power Supplies. Where practicable, nontower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the nontower
WCF and its antennae for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The secondary source
of electric power shall be capable of remote ignition and shall activate
immediately upon loss of the primary power source. The WCF operator
may activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Lower Swatara
Township Director of Codes and Planning at least five business days
prior to such electric generator testing or electric generator maintenance.
(26)
Noise. Nontower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Lower Swatara Municipal Code, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
(27)
Inspection by Municipality. The Municipality reserves the right
to inspect any nontower WCF to ensure compliance with the provisions
of this law and any other provisions found within the Lower Swatara
Township Municipal Code or state or federal law. The Municipality
and/or its agents shall have the authority to enter the property upon
which a nontower 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.
A.
The following regulations shall apply to small wireless communications
facilities:
(1)
Development Regulations.
(a)
Small WCF are permitted by approval from the Lower Swatara Planning
and Zoning Coordinator in all zoning districts, subject to the requirements
of this section and generally applicable permitting as required by
the Lower Swatara Township Municipal Code.
(b)
Small WCF located within districts that require utilities to
be located underground 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 districts
that require utilities to be located underground.
(c)
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.
(d)
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all applicable streets
and sidewalks requirements in the Lower Swatara Municipal Code.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
to the Lower Swatara Township Planning and Zoning Department for site
plan review by the Lower Swatara Township Planning and Zoning Coordinator.
(b)
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.
(3)
Timing of Approval.
(a)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Lower Swatara Township Planning and
Zoning Department, the Municipality shall notify the WCF applicant
in writing if an application is incomplete and shall advise the WCF
applicant of any information that may be required to complete such
application.
(b)
Within 60 days of receipt of a completed application for Collocation
of a small WCF on a preexisting wireless support structure, the Lower
Swatara Township Planning and Zoning Coordinator shall make a final
decision on whether to approve or deny the application and shall notify
the WCF applicant in writing of such decision.
(c)
Within 90 days of receipt of a completed application for a small
WCF requiring the installation of a new wireless support structure,
the Lower Swatara Township Planning and Zoning Coordinator shall make
a final decision on whether to approve the application and shall notify
the WCF applicant in writing of such decision.
(4)
Eligible Facilities Request.
(a)
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 zoning permit
from the Municipality.
(c)
The timing of approval for small WCF applicants proposing a
modification to an existing small WCF that does not Substantially
Change the dimensions of the underlying structure shall be as follows:
1)
Within 30 calendar days of the date that an application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure is filed with the
Lower Swatara Township Director of Codes and Planning, the Municipality
shall notify the applicant in writing if the application is incomplete
and shall advise of any information that may be required to complete
such application.
2)
An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be deemed complete when all documents,
information and fees specifically enumerated in the Municipality's
regulations, laws and forms pertaining to the location, modification
or operation of wireless telecommunications facilities are submitted
by the applicant to the Municipality. In case of incompleteness of
the application, the Municipality 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 Municipality.
3)
Within 60 days of receipt of an application a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure, the Lower Swatara Township Director of
Codes and Planning shall make a final decision on whether to approve
or deny the application and shall notify the WCF applicant in writing
of such decision.
(5)
Nonconforming Wireless Support Structures. Small WCF shall be
permitted to collocate upon nonconforming tower-based WCF and other
non-conforming 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.
(6)
Application Fees. The Municipality may assess appropriate and
reasonable application fees directly related to the Municipality's
actual costs in reviewing and processing the application for approval
of a small WCF, as well as related inspection, monitoring, and related
costs, subject to the limitations in this section, in amounts specified
by the Master Fee Schedule.
(7)
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 Uniform Construction
Code (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 Municipality.
(8)
Historic Buildings and Districts. No small WCF may be located
on, or within 100 feet of, any historic or preservation district,
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 Municipality.
(9)
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. All small WCF structures shall also be
designed and constructed to withstand the wind load for the place
of installation in accordance with the Pennsylvania Uniform Construction
Code, but not less than a wind load of 100 miles per hour.
(10)
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 Lower Swatara
Township Planning and Zoning Coordinator 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 Municipality
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.
(11)
Time, Place and Manner. The Municipality 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.
(12)
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 Municipality.
(13)
Graffiti. Any graffiti on the small 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 Municipality.
(14)
Design Standards. All small WCF in the Municipality shall comply
with the requirements of the Lower Swatara Township Small Wireless
Communications Facility Design Manual, a copy of which is on file
with the Municipality.
(15)
Collocation. An application for a small WCF with a new wireless
support structure in the public rights-of-way shall not be approved
unless the Municipality finds that the proposed small WCF cannot be
accommodated on an existing structure, such as a utility pole. Any
application for approval of a small WCF shall include a comprehensive
inventory of all existing towers and other suitable wireless support
structures within a 1/4 mile radius from the point of the proposed
small WCF, unless the applicant can show to the satisfaction of the
Municipality that a different distance is more reasonable, and shall
demonstrate conclusively why an existing tower or other suitable wireless
support structure cannot be utilized.
(16)
Relocation or Removal of Facilities. Within 90 days following
written notice from the Municipality, or such longer period as the
Municipality 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 Municipality, 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 Municipality or other public improvement in the right-of-way;
(b)
The operations of the Municipality or other governmental
entity in the right-of-way;
(c)
Vacation of a street or road or the release of
a utility easement; or
(d)
An emergency as determined by the Municipality.
(17)
Retention of Experts. The Municipality may hire any consultant(s)
and/or expert(s) necessary to assist the Municipality 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 Section. The applicant and/or
owner of the small WCF shall reimburse the Municipality for all reasonable
costs of the Municipality'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 non-discriminatory.
(18)
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Municipality'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 Municipality'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 Municipality. The owner of each small
WCF shall pay an annual fee to the Municipality, in an amount specified
by the Master Fee Schedule, to compensate the Municipality for the
Municipality'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 § 27-2016 shall be deemed to create any offer, right, or entitlement to use Municipal property for the construction or operation of tower-based WCF, nontower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, nontower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Lower Swatara Township may be exempt from the requirements of § 27-2016. The Board of Commissioners retains the right to require applicants to obtain site plan approval from the Planning Board in accordance with the requirements of § 27-2016. No tower-based WCF, nontower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Municipal property until a license or lease agreement authorizing such wireless facility has been approved by the Board of Commissioners.
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 Municipality
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
therefore. 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 Municipality
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 Municipality may take any and all actions authorized by this Section
and/or federal and/or Pennsylvania law and regulations.
D.
Revocation of Conditional Permit Uses. Any conditional use zoning permits granted under § 27-2016 may be revoked by the Board of Commissioners 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 zoning permit have been materially violated, the Board of Commissioners may revoke the conditional use zoning permit.
8.
Insurance and Indemnification of Wireless Facilities.
A.
Insurance.
(1)
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 Lower Swatara Township Secretary,
upon request, and as provided herein.
(2)
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 Municipality shall not provide direct
payment or reimbursement to persons for the costs of maintaining the
required insurance coverages. The Municipality shall not provide direct
payment or reimbursement to persons for the costs of furnishing the
required insurance coverages.
(3)
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 Lower Swatara Township
as an additional insured by endorsement on the certificate(s) of insurance.
(4)
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 Lower Swatara Township Secretary evidencing coverage
in compliance with the regulations herein. The failure of Lower Swatara
Township 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 Lower Swatara Township.
(5)
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 Municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
(6)
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:
(a)
Each person that owns or operates a tower-based WCF shall provide
the Township Secretary 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 shall annually
provide the Township 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 nontower WCF.
(c)
Each person that owns or operates a small WCF shall annually
provide the Township 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 small WCF.
(7)
Increasing the Minimum Insurance Requirements. The minimum insurance
requirements specified herein may be increased upon the review and
determination of the Lower Swatara Township Board of Commissioners.
(8)
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 Lower Swatara
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 Lower Swatara Township Secretary no less than 30 days prior
to expiration or cancellation of the respective policy.
B.
Indemnification.
(1)
Requirement to Indemnify and Hold Harmless. Each person that
owns or operates a tower-based WCF, a nontower WCF, or a small WCF
shall, at its sole cost and expense, indemnify, defend and hold harmless
the Municipality, 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.
(2)
Requirement to Defend. Each person that owns or operates a tower-based
WCF, a nontower WCF, or a small WCF shall defend any actions or proceedings
against the Municipality in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of 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.
9.
Miscellaneous.
A.
Police Powers. The Municipality, by granting any permit or taking any other action pursuant to § 27-2016, does not waive, reduce, lessen or impair the lawful police powers vested in the Municipality 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 section invalid.
C.
Effective Date. This law shall become effective five days after enactment
by the Board of Commissioners.
