Township of Upper Hanover, PA Article VIII General Regulations

§ 500-800 Applicability of regulations.

The regulations contained in this article shall apply to the entire Township for the subjects covered herein, in addition to complying with the specific requirements in other applicable articles of this chapter. However, if a conflict occurs between the standards of these general regulations and any other standards of the chapter, then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by Chapter 425, Subdivision and Land Development. The following activities, among others listed in the definition of "land development," are considered land development:

A. Addition of one or more buildings (except residential accessory buildings) to a lot which contains an existing building.

B. Division of one or more buildings into spaces for leasehold, ownership or other forms of tenancy (except for residential conversions resulting in three or less dwelling units).

C. Construction of one nonresidential building on a lot.

D. Change in use of any existing nonresidential building.

E. Anything more than one single-family dwelling constructed on a single-family lot (except for residential conversions resulting in three or less dwelling units).

§ 500-801 Applications.

Applications shall be filed with the Township for subdivision and/or land development and/or other uses of land as permitted by this chapter in compliance with the following:

A. Ownership. The subject tract or land area shall be in one ownership or shall be subject to a joint application filed by the owners of the entire site, under single direction, using one overall plan.

B. Proposed plans.

(1) Subdivision and/or land development applications shall include a proposed plan in compliance with Chapter 425, Subdivision and Land Development, and all other applicable Township ordinances, state or federal regulations.

(2) Applications for permitted uses which are not subdivisions or land developments shall include a proposed plan in sufficient detail and clarity to enable the Township to determine compliance with all applicable regulations. In addition, these applications shall comply with § 500-817 of this chapter.

(3) The proposal for a tract or land area may be carried out in a single phase or in sections, in compliance with the Pennsylvania Municipalities Planning Code, and shall be in compliance with a development agreement in accordance with Pennsylvania law which shall:

(a) Be binding to the overall tract and its development.

(b) Be acceptable to the Board of Supervisors, under the advice of the Township Solicitor.

(c) Be recorded with the final plan.

(d) Be subject to renegotiation if the applicant proposes revisions to the approved plans.

§ 500-802 Water supply and sewage disposal.

All development in the Township shall be served by water supply and sewage disposal facilities which are appropriate for the type of land use, physical characteristics of the land, location in the Township, availability of existing water and sewage systems, and classification as growth or nongrowth areas in the Comprehensive Plan, and shall be further regulated by the requirements below:

A. Medium- or high-density residential development within the growth areas identified in the Comprehensive Plan shall be served by public water supply and public sewage disposal facilities. These areas are designated as the R-2 and R-3 Districts on the Upper Hanover Township Zoning Map.[1]

[1] Editor's Note: The Township Zoning Map, as amended, is on file in the Township offices.

B. Lower-density residential development (lots larger than 40,000 square feet) within the growth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or by public water supply and public sewage disposal facilities (within areas designated as the R-2 and R-3 Districts on the Upper Hanover Township Zoning Map).

C. Nonresidential development within the growth areas identified in the Comprehensive Plan shall be served by public water supply and public sewage disposal facilities where available. These areas are designated as the LI, LIC, CB and VC Districts on the Upper Hanover Township Zoning Map.

D. Residential development within the nongrowth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or may be served by common, shared or central facilities serving more than one lot, dwelling, use or building. These areas are designated as the R-1 Agricultural-Residential District on the Upper Hanover Township Zoning Map.

E. Nonresidential development within the nongrowth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or may be served by common, shared or central facilities serving more than one lot, dwelling, use or building. These include some areas designated as CB or OS Districts on the Upper Hanover Township Zoning Map.

F. Individual on-lot facilities. Where individual on-lot water supply and sewage disposal facilities are used, written proof of compliance with the applicable state and Montgomery County Health Department regulations must be provided to the Zoning Officer before occupancy permits will be issued.

G. Facilities serving more than one lot, dwelling, use or building. Where these types of facilities are used, they shall comply with the following:

[Amended 2-13-2007 by Ord. No. 2007-01]

(1) Where the dwellings, uses or buildings are located on separate lots, these water and sewage facilities shall not be located on building lots but shall be located on a separate lot or lots used only for these utilities or for utilities and open space. Minimum lot dimensions shall be sufficient to contain the utility facilities and provide a fifty-foot setback from all property lines and a minimum twenty-five-foot-wide usable access to the lot for maintenance and emergency purposes.

(2) Where the dwellings, uses or buildings are located on one lot, these facilities may be located on that lot or may be located on a separate lot or lots used only for these utilities or for utilities and open space.

(a) For utilities on a separate lot, minimum lot dimensions shall be sufficient to contain the utility facilities and provide a fifty-foot setback from all property lines and a minimum twenty-five-foot-wide usable access to the lot for maintenance and emergency purposes.

(b) For utilities located on the same lot, easements shall be provided equivalent to the minimum lot requirements contained herein.

(3) Written proof of compliance with the applicable state regulations must be provided to the Zoning Officer before occupancy permits will be issued for development served by these facilities.

(4) These facilities shall comply with the requirements of § 500-805 herein regarding ownership and maintenance of common elements.

§ 500-803 Landscaping and buffering.

All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter 425, Subdivision and Land Development.[1]

[1] Editor's Note: See § 425-500, Landscaping regulations.

§ 500-804 Open space regulations.

[Amended 12-13-2005 by Ord. No. 2005-13; 2-13-2007 by Ord. No. 2007-01]

All proposals which are required to offer open space under the requirements of this chapter shall do so in compliance with the location, design and other criteria set forth in Chapter 425, Subdivision and Land Development, and shall be guided by and in accordance with the Upper Hanover Township Open Space and Environmental Resource Protection Plan Update (2006) or any successor plan thereto.

§ 500-805 Private ownership and maintenance of common elements.

[Amended 10-11-2005; by Ord. No. 2005-13]

Common elements, including, but not limited to, open space, recreation, sewer, water, easements and stormwater management facilities that will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors, upon recommendation of the Township Solicitor. Such private ownership, including, but not limited to, corporate, individual, condominium, landlord, or fee-simple home or landowners' association, shall be governed by the requirements set forth in Chapter 425, Subdivision and Land Development.

§ 500-806 Refuse collection facilities.

In all zoning districts, on land developed for nonresidential and multifamily uses, refuse collection facilities must be provided by the applicant either inside the building(s) or within an area enclosed by either walls or opaque fencing.

A. These facilities shall be architecturally compatible with the building(s).

B. Walls or fencing shall be designed to contain and prevent dispersion of refuse as well as shield the refuse facilities from direct view from adjacent properties to a height of at least six feet.

C. These facilities shall be designed in a manner which can accommodate large collection trucks.

D. Landscaping is required around these facilities.

E. Refuse facilities attached to, detached from, or within buildings shall be subject to the same building setback requirements.

§ 500-807 (Reserved) [1]

[1] Editor's Note: Former § 500-807, Residential conversions, was repealed 9-13-2016 by Ord. No. 2016-04.

§ 500-808 Accessory uses.

The following accessory uses shall be permitted, subject to the additional requirements herein.

A. Uses accessory to agriculture:

(1) Greenhouses, barns and machine sheds, preparation of products produced on the premises for sale and/or use at other locations.

(2) Retail sale of agricultural and/or horticultural products on a minimum tract of five acres in compliance with the following:

(a) At least 50% of such products shall have been grown on the property on which they are offered for sale.

[Amended 10-10-2023 by Ord. No. 2023-04]

(b) At least three off-street parking spaces shall be provided, plus one additional space for each 100 square feet of building area over 400 square feet.

(c) Buildings, whether permanent or seasonal, shall meet the required setbacks of the district in which they are located, and no parking area, sign, display or other structure shall intrude into the legal right-of-way of any public road. Buildings shall include stands, carts, wagons, sheds or other movable structures.

(d) Maximum building coverage for retail sales shall be as follows:

[1] Maximum of 500 square feet permitted by right.

[2] Maximum of 1,500 square feet may be permitted by conditional use, in compliance with the dimensional standards of § 500-1503 of the CB Commercial Business District for Class Two uses.

[3] More than 1,500 square feet shall be considered a principal use and shall be permitted only within the CB Commercial Business District.

[4] All structures, including stands, sheds, barns, etc., with customer access shall be included in calculating building coverage.

(e) Parking and loading requirements shall comply with Article IX, Off-Street Parking, and § 500-1503K, Minimum setbacks for loading/service areas, of this chapter.

(f) Vehicular access and parking shall comply with the requirements of this chapter and Chapter 425, Subdivision and Land Development for a similar use located in the CB Commercial Business District.

(3) Keeping of livestock in conjunction with agriculture, in accordance with the following:

(a) Livestock and/or other animals may be kept as part of an agricultural operation, without numerical limit, provided that the property on which they are kept is at least 20 acres in size. For lots less than 20 acres, the number of animals permitted shall comply with the rate standards of § 500-808B(8) herein.

(b) For any building or other structure housing livestock or poultry, the minimum setback from any property line or ultimate right-of-way line shall be the same as the setback prescribed by the zoning district for the principal building. No building housing livestock or poultry shall be located within 100 feet of any dwelling, except that no minimum separation distance shall be required from the livestock building and a dwelling(s) located on the same property, except as may be required by the Building Code. The area used to keep livestock shall be completely enclosed by a suitable fence.

[Amended 8-14-2001 by Ord. No. 01-08]

B. Permitted residential accessory uses and structures. The following uses are permitted by right; however, approval as a conditional use by the Board of Supervisors shall be required for uses that exceed the stated capacities or sizes, or that would involve use or storage of items other than those listed:

[Amended 11-14-2000 by Ord. No. 00-5; 8-14-2001 by Ord. No. 01-08; 6-8-2004 by Ord. No. 2004-06; 6-10-2008 by Ord. No. 2008-04; 9-13-2016 by Ord. No. 2016-04]

(1) Home occupations, subject to the provisions of § 500-809 herein, or which meet the definition of a no-impact home-based business in accordance with the Pennsylvania Municipalities Planning Code.

(2) Private detached garages and other storage buildings with a building footprint of 400 square feet or greater in accordance with the following:

(a) R-2 and R-3 Districts:

	Lot Size (Gross Area) (square feet)	Maximum Building Footprint Size1 (square feet)	Minimum Side and Rear Yard3 (feet)
	Up to 9,999	400	10
	10,000 to 20,000	500	15
	20,000 to 40,000	500	20
	40,001 to 45,000	750	25
	45,001 to 50,000	800	25
	50,001 to 55,000	850	25
	55,001 to 60,000	900	25
	60,001 to 65,000	950	25
	Over 65,000	1,000	25

(b) R-1 District:

	Lot Size (Gross Area) (square feet)	Maximum Building Size1 (square feet)	Minimum Side and Rear Yard3 (feet)
	65,000 to 85,000	1,400	—2
	85,001 to 100,000	1,600	—2
	100,001 to 120,000	1,800	—2
	Over 120,000	2,000	—2

	NOTES:
	1	Buildings proposed in excess of these square-foot limits must have conditional use approval. Lots in the R-1 District with less than 65,000 square feet must use the standards for the R-2 and R-3 Districts above.
	2	The minimum yards for a garage or other storage building with a building footprint of 400 square feet or greater shall be the same as those required for a principal building in the respective zoning district.
	3	If individual zoning district regulations require a greater side and/or rear yard the greater dimension shall be required.

(c) Conditional use standards and criteria. In considering a conditional use application for a detached garage/storage building, the Board of Supervisors shall consider the following:

[1] The building footprint of the proposed detached garage/storage building shall not exceed the building footprint of the primary structure on the property.

[2] Stormwater management facilities shall be provided for the proposed garage/storage building in accordance with the Upper Hanover Township Stormwater Management Ordinance.[1]

[1] Editor's Note: See Ch. 415, Stormwater Management.

[3] The size of the proposed garage/storage building shall be generally compatible with the size of structures in the surrounding neighborhood.

(3) Private parking spaces, not to exceed four per dwelling unit (not counting garage spaces).

(4) Shelter for small domestic animals and domestic farm animals as permitted by § 500-808B(8) and (9) herein.

(5) Noncommercial greenhouse of less than 750 square feet in floor area.

(6) Storage sheds for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total combined building footprint area of less than 400 square feet.

(7) Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreational vehicles.

(8) The keeping of domestic farm animals, not in conjunction with agriculture, in accordance with the following:

(a) Minimum lot size shall be two acres.

(b) Building setbacks shall comply with § 500-808A(3) herein.

(c) Such animals may be kept at the following rates:

		On a Minimum Two-Acre Lot	For Each Additional Acre*
	Horses, cows, or other animals of a similar size	1 animal	1 animal
	Sheep, goats, or other animals of a similar size	4 animals	4 animals
	Fowl or other animals of a similar size	10 animals	10 animals

	NOTE:
	*	Up to a maximum of 20 acres.

(9) The keeping of small domestic animals in accordance with the following:

(a) On lots smaller than one acre, a maximum of four domestic animals may be kept, including not more than three dogs more than six months old, or three cats more than six months old.

(b) On lots between one and two acres, a maximum of seven small domestic animals may be kept, including not more than three dogs more than six months old or three cats more than six months old.

(c) On lots a minimum of two acres and greater in size, a maximum of 10 small domestic animals, which may include not more than five dogs more than six months old and not more than five cats more than six months old. Dogs and cats younger than six months may not be kept at the location except for litters born to dogs and cats already kept at the location; animals from such litters may remain in any number until six months old, at which time they are counted in determining compliance with this part.

[Amended 5-8-2018 by Ord. No. 2018-02[2]]

[2] Editor’s Note: This ordinance also repealed former Subsection B(9)(d), regarding additional animals, which immediately followed.

(10) Satellite dish or other television or radio antenna, in accordance with the provisions of § 500-826, herein.

(11) Carport.

C. Uses accessory to noncommercial recreational use. Customary recreation, refreshment and service uses and buildings in any noncommercial recreational area.

D. Other accessory uses. Accessory uses other than those listed may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to.

E. Accessory buildings.

(1) Private garages shall comply with § 500-808B(2) herein.

[Amended 11-14-2000 by Ord. No. 00-5]

(2) All accessory buildings, regardless of size, are subject to stormwater management controls as deemed necessary by the Township Engineer.

[Amended 11-14-2000 by Ord. No. 00-5]

(3) (Reserved)[3]

[3] Editor's Note: Former Subsection E(3), regarding lots greater than three acres of gross area, as amended, was repealed 9-13-2016 by Ord. No. 2016-04. Original section 808.5.D, which immediately followed this subsection, was deleted 6-10-2008 by Ord. No. 2008-04 and the subsequent subsection renumbered to follow consecutively.

(4) An accessory structure shall be constructed for a specific use incidental to the principal structure. Accessory structures can be built on site or manufactured elsewhere. Accessory structures shall not include truck bodies, gutted mobile homes, used fuel tanks, trailers, box cars, sea containers or similar impermanent or moveable structures which were manufactured for another purpose.

[Amended 9-13-2005 by Ord. No. 2005-10]

F. Off-street parking of commercial vehicles in residential district.

(1) Routine off-street parking of not more than two commercially registered vehicles with not more than four wheels each, which are used regularly or frequently for business purposes, shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district.

(2) Routine off-street parking of one commercially registered vehicle with more than four wheels, which is used regularly or frequently for business purposes, shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district.

§ 500-809 Home occupation.

Home occupations are permitted in any residence as an accessory use in compliance with the standards of this section as well as all other applicable Township, state and federal regulations.

A. Home occupations shall be limited to the accessory use of a residence for the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts. The use shall be secondary and incidental to the use of the dwelling for residential purposes and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.

B. Home occupations shall be divided into two classes and regulated as follows:

(1) Minor home occupations. These uses are permitted by right in all residential dwellings, in compliance with the following requirements:

(a) These uses shall be conducted entirely by residents of the dwelling in which the occupation is permitted.

(b) These uses shall not include any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania.

(c) These uses shall not receive visitors, customers or clients of any type.

(d) Pickup or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service.

(e) These uses do not generate the need for any more parking spaces than required for the residence.

(2) Major home occupations. These uses are permitted only in single-family detached dwellings in compliance with the following requirements:

(a) These uses may employ persons who are not residents of the dwelling in which the occupation is permitted, in compliance with § 500-809C(15).

[1] No more than two licensed medical practitioners may serve as principals of the use, with no more than three support staff members for each principal (a total of eight persons including residents and nonresidents).

[2] Nonmedical uses may have the same number of employee as a medical home occupation use.

(b) These uses include barbershops, beauty parlors, and any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania.

(c) Visitors, customers or clients shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m.

(d) Pickup or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service.

(e) No more than two parking spaces required for these uses may be located in a front yard. All additional required parking shall be located only in a side or rear yard. Landscaped buffers as required in Article V of Chapter 425, Subdivision and Land Development, are required for all parking spaces for home occupations.

(f) These uses must be located on lots with primary vehicular access from a collector or higher classification road.

C. Requirements for all home occupations:

(1) A resident of the dwelling must be a principal of the home occupation.

(2) Any use, except professional offices, which involves building alterations requiring approval of the Pennsylvania Department of Labor and Industry shall not be permitted as a home occupation.

(3) The home occupation and its associated structures shall conform with all applicable dimensional standards for the zoning district.

(4) Home occupations conducted entirely within the residence shall not use more than 25% of the gross floor area of the residence for the home occupation. "Gross floor area" shall not include garages, unfinished attics or cellars.

(5) The Board of Supervisors may permit the use of an accessory structure or the use of more than 25% of the residence floor area by conditional use where all other requirements of this section are met.

(a) Accessory structures may be used only when they are entirely located within the building envelope for the principal building, defined by the front, side and rear yard setbacks of the district in which the structure is located.

(b) The floor area of the accessory structure used for the home occupation shall not exceed 35% of the gross floor area of the residence, not including garages, unfinished attics, or cellars.

(c) The accessory structure shall be required to comply with the Township's Building Code[1] applicable to a residence or place of business.

[1] Editor's Note: See Ch. 180, Construction Codes, Uniform.

(6) The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area.

(7) Home occupations shall not use noxious, combustible, explosive or other types of materials that could endanger the health and safety of the occupants and the surrounding residents.

(8) Home occupations shall not produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic or any other nuisance not typically experienced in the zoning district where the property is located.

(9) Home occupations shall not include auto-related services, clinics, hospitals, animal hospitals, restaurants, cafes, hotels or boardinghouses, as defined in this chapter, or similar uses.

(10) No use shall require internal or external construction features or the use of electrical, mechanical or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.

(11) Only one sign per residence shall be permitted, conforming to the provisions of Article X of this chapter.

(12) No outside storage or display of material, goods, supplies or equipment related to the operation of the home occupation shall be allowed. All storage shall take place within a walled structure.

(13) Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of the home occupation. Items shall not be purchased off site for resale.

(14) Direct sale of goods on the premises shall not be permitted routinely, but may be permitted on an infrequent, occasional basis.

(15) No employees, assistants, helpers, subcontractors, etc., shall be permitted except for persons residing on the subject property with the practitioner, unless authorized as a conditional use by the Board of Supervisors.

(16) Vehicular access improvements or any need for additional parking generated by the home occupation over what would normally be expected for a residence, as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off street and only in the side and/or rear yards of the structure in accordance with Article IX of this chapter, the regulations of the district in which it is located, and Chapter 425, Subdivision and Land Development.

(17) Home occupations that attract customers, clients or students to the premises shall not be allowed in multifamily dwellings.

(18) There shall be no routine, regular or recurring deliveries to or from a home occupation from a vehicle with more than two axles.

(19) Trash removal shall not be permitted in excess of that normally occurring in residential areas.

(20) Family day-care homes, group day-care homes, and day-care centers are not home occupations and are regulated by § 500-822 of this chapter.

(21) Garage sales, yard sales, tag sales, and other similar events are not home occupations and are regulated by other Township requirements.

(22) All home occupations shall be registered with the Township and be subject to an annually renewable permit secured from the Zoning Officer or Township Secretary.

§ 500-810 Bed-and-breakfast accommodations.

Bed-and-breakfast accommodations, as defined in this chapter, may be operated in single-family detached dwellings, subject to the following regulations:

A. Conditional use approval is required from the Board of Supervisors.

B. There shall be no more than five guest bedrooms, accommodating no more than 10 guests at any one time; no paying guest shall stay on any one visit for more than 30 days.

C. One off-street parking space for each guest bedroom shall be provided in a side or rear yard.

D. Meal service is limited to one daily meal per paying overnight guest and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.

E. Owner shall maintain a current guest register, subject to inspection by the Township.

F. Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code.[1] Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.

[1] Editor's Note: See now Ch. 180, Construction Codes, Uniform.

G. If the facility is served by an on-site sewage system, the owner must obtain written approval from the Township Sewage Enforcement Officer, (the Montgomery County Health Department), confirming the adequacy of the system to serve the increased demand resulting from the facility.

H. Minimum lot area shall be 80,000 square feet.

I. The rented rooms shall not contain kitchen facilities and shall not constitute separate dwelling units.

J. The lot for a bed-and-breakfast use must have access from a principal arterial, minor arterial, or major collector road.

§ 500-811 Public utilities.

The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of this chapter or which may hereafter be located within public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such construction or installation upon the public safety and the character of the adjacent neighborhood.

§ 500-812 Effect of private covenants.

Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established.

§ 500-813 Access to public street.

A. Unless otherwise specified in this chapter {e.g. § 500-1406; § 500-1304E(7)(d)[2]}, all lots shall abut a public street for at least 50 feet at the right-of-way line, and said 50 feet must be usable for purposes of ingress and egress to the lot. Preexisting landlocked parcels may be developed with one single-family detached house provided with a fifty-foot-wide easement of access, and provided that the usable portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located.

[Amended 4-13-2004 by Ord. No. 2004-04]

B. Rear lotting or flag lotting. The concept of rear or flag lotting is permitted under this chapter in compliance with § 500-813A, other requirements of this chapter, and the rear or flag lotting provisions of Chapter 425, Subdivision and Land Development.[1]

[1] Editor's Note: See § 425-415, Rear lotting.

§ 500-814 Fences and walls.

[Amended 9-13-2016 by Ord. No. 2016-04]

Fences and freestanding walls shall comply with the standards in this section. Building walls and retaining walls are not regulated by these standards.

A. Maximum height shall be four feet when located less than five feet outside the ultimate right-of-way line of a road.

B. Maximum height in all other locations shall be six feet, except that the height may be increased to a maximum of eight feet if that portion of the fence or wall which exceeds six feet in height has a ratio of open area of at least four to one.

C. The Board of Supervisors may authorize walls or fences of greater height by conditional use, subject to the following standards and criteria:

(1) Where necessary to provide adequate protection, shielding or screening of open storage or equipment areas, in compliance with § 500-806B herein.

(2) Where topographic conditions require additional height to provide the same degree of privacy provided by a complying fence on level ground.

(3) The Board of Supervisors may require a setback of 10 feet or more from the ultimate right-of-way of roads or from property lines.

(4) The Board of Supervisors may require landscaping to soften the appearance of the fence or wall from surrounding properties or roads.

D. No fence or freestanding wall shall be permitted to obstruct sight distance at a street or driveway intersection.

E. Fences and freestanding walls are not required to comply with front, side and rear yard building setbacks.

F. Fences and freestanding walls shall be set back a minimum of one foot from all property lines. This setback requirement does not have to be met when all owners of property that abuts the fence agree, in writing, to some lesser setback or no setback. A copy of the agreement between the owners must be supplied to the Township.

[Amended 8-8-2017 by Ord. No. 2017-01]

G. All fences and freestanding walls shall be erected with the finished side facing adjacent properties. The finished side shall be considered the side without structural supporting members.

H. Temporary fences shall be constructed of wire, rolled plastic or wood lath material. Such fences are permitted only for temporary use as seasonal snow fences or on active construction sites.

§ 500-815 Projections into required yards.

No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:

A. An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard setback a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.

B. A terrace, patio, deck, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.

C. A carport may be erected over a driveway in a required side yard, provided that such structure is:

(1) Not more than 14 feet in height and 20 feet in length;

(2) Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and

(3) At least three feet from the side lot line.

D. A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

E. Open, unenclosed fire escapes, steps, bay windows, and balconies may project no more than three feet into a required rear yard.

§ 500-816 Adult use standards and criteria.

The following standards and criteria shall govern adult uses, as defined and permitted in this chapter:

A. Adult uses are permitted only in the OS Outdoor Storage and Intensive Commercial/Industrial District.

B. No adult use shall be permitted to be located within 500 feet of an existing residence, residential district, place of worship, school or school property line, playground, park or any other adult use.

C. No adult use shall be considered to be a permissible change of use, in conformance with Article VII, Nonconformance, unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards and criteria of this section.

D. Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article X, Signs, of this chapter.

E. If any portion of a use meets the definition of adult use, then that portion must comply with the requirements of this section.

§ 500-817 Performance standards.

Unless otherwise noted, the following performance standards apply to all uses in all districts in the Township:

A. Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 to 4015, as amended, and the following standards:

(1) Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 30% at any time, and shall comply with Pa. Code Title 25, Chapter 127.A(7) or its most recent update.

(2) Particulate, vaporous and gaseous emissions.

(a) No emission shall be made 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.

(b) No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to seven-percent oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices.

(c) For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500° F. and 50% excess air.

(3) Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR Part 61, or its most recent update.

B. Noise control. All uses shall comply with the standards of Article XXVIII, Noise Control, of this chapter.

C. Odor control.

(1) No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.

(2) The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.

(3) Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.

D. Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.

E. Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.

F. Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.

G. Fire and explosive hazards. Flammable and explosive materials shall be stored, used and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.

H. Outdoor storage and waste disposal.

(1) All outdoor storage facilities for fuel, flammable or explosive materials, and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.

(2) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

(3) All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.

(4) No materials or wastes of any form may be stored in a floodplain area.

(5) Outdoor storage and refuse areas shall be set back 50 feet from abutting properties that have residential or institutional uses or zoning and 20 feet from all other abutting properties.

(6) Outdoor storage and refuse areas are not permitted in the setback area measured from the ultimate right-of-way line.

(7) No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the County Health Department, as appropriate, nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.

§ 500-818 Procedure for consideration of a conditional use application.

An application for any conditional use as specified in the various articles of this chapter shall be considered by the Township Board of Supervisors according to the following procedure:

A. Application.

(1) The application shall be submitted, in writing, to the Township Secretary during regular Township business hours, with a fee as required by the Township's fee schedule.

(2) The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter; a tentative sketch plan of the proposed development shall be included.

(3) The Township Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultants whose review may be relevant.

B. Public hearing.

(1) The Board of Supervisors shall schedule a public hearing within 60 days from the date of the applicant's request, pursuant to public notice, unless the applicant has agreed in writing to an extension of this time limit.

(2) The hearing shall be conducted by the Board of Supervisors, or the Board of Supervisors may appoint any member of the Board of Supervisors or an independent attorney as a hearing officer. The decision to grant or deny the proposed use shall be made by the Board of Supervisors. The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.

[Amended 8-13-2002 by Ord. No. 02-14]

(3) In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:

(a) The proposed use shall be one permitted by conditional use and one that will conform to the applicable regulations of the district in which it is located.

(b) The proposed use shall be considered in light of the general standards for Zoning Hearing Board decisions in § 500-610 of this chapter.

[Amended 2-13-2007 by Ord. No. 2007-01]

(4) The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application.

(5) Where the Board of Supervisors fails to render a decision within 45 days or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.

§ 500-819 Environmental protection requirements.

All proposals for development and/or use of land shall be developed and/or operated in a manner that preserves the beneficial qualities of the existing natural environment and natural features present on the site, in compliance with the following:

A. Preservation of natural features. Proposals shall preserve natural drainage areas, wetlands, forested areas, substantial stands of trees, individuals and small groupings of specimen trees, attractive/scenic views and any other natural features existing on the site to the greatest extent feasible. To evaluate the extent of environmental protection needed for a proposal, the applicant shall provide the information listed in § 500-819D or E herein, as appropriate for the type of proposal. Protection of natural features is recommended by the Comprehensive Plan and the Open Space and Environmental Resource Protection Plan and Montgomery County's 1995 Open Space Plan, which may be used as sources of information regarding these features.

B. Plans and narrative. Applicants shall provide plans and a written narrative that show and describe how the proposal conforms to the goals and objectives of the Comprehensive Plan and the Open Space and Environmental Resource Protection Plan or an explanation of why it cannot conform.

C. Disturbance of the ground surface. Proposals shall reduce grading and disturbance of the ground surface to the greatest extent feasible for the type of development or use proposed, consistent with accepted engineering principles and practice.

D. Inventory, analysis and sketch plans for subdivision and land development. For all nonresidential subdivisions and land developments, all proposals under R-3 District standards, and all residential subdivisions and/or land developments of 10 or more lots and/or units, the following site elements shall be inventoried and mapped by the applicant. Sufficient detail shall be provided to allow evaluation of the proposal relative to the intent of this section. Where a conflict occurs between these standards and those of Chapter 425, Subdivision and Land Development, the stricter requirement shall prevail.

(1) Physical resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of no less than one inch equals 100 feet and shall be briefly described. The maps shall include:

[Amended 10-16-2007 by Ord. No. 2007-10]

(a) Topographic contours at ten-foot intervals, showing rock outcrops and slopes of more than 15%, in compliance with the Steep Slope Conservation Overlay District, Article XXV of this chapter. Applicants are encouraged to use two-foot contours drawn from aerial photographic sources because of their increased accuracy and practicality.

(b) Soil type locations and a table identifying soil characteristics relating to agricultural capability, seasonal high-water table, depth to bedrock, and suitability for on-lot sewage disposal from the Montgomery County Soil Survey.

(c) Hydrologic characteristics of the site, including surface water bodies, floodplains and hydric soils. If a wetlands survey is not provided initially, it shall be provided as part of the preliminary plan submission.

(d) Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size. All trees of six inches in diameter and greater must be identified by species, size {as defined by § 425-500C(6)(a)[1] of the Township's Subdivision and Land Development Ordinance}, and health.

(2) Land use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants.

(3) Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract.

(4) Cultural and historic resources. Brief description of historic and cultural character of buildings and structures, if applicable.

(5) Context. General outlines of buildings, land use, and natural features, such as water bodies or wooded areas, roads and property boundaries, within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than one inch equals 400 feet.

(6) Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan in accordance with § 425-302 of Chapter 425, Subdivision and Land Development, based on the inventory and analysis, in order to resolve design issues before investing in engineered preliminary plans.

(7) Required sketch plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accordance with §§ 425-302 and 425-303 of Chapter 425, Subdivision and Land Development.

E. Inventory, analysis and sketch plans for all other proposals. For all construction, development or other proposals not governed by § 500-819D herein, the site elements listed in § 500-819D shall be inventoried and mapped with sufficient detail to allow evaluation of the proposal relative to the intent of this section.

F. Hazards or nuisances. No land or structure in any zoning district shall be used or occupied in any manner that creates any of the following conditions in an amount sufficient to create a nuisance, be dangerous to public health or safety, or adversely affect the reasonable use or value of the surrounding area or adjoining premises:

[Amended 2-13-2007 by Ord. No. 2007-01]

(1) Dangerous, injurious, noxious or otherwise objectionable condition.

(2) Fire, explosive or other hazards.

(3) Heat, electromagnetic or other radiation.

(4) Noise or vibration.

(5) Smoke, dust, odor or other form of air pollution.

§ 500-820 Environmental assessment statement.

Applicants shall submit an environmental assessment statement for all residential proposals of more than 10 lots or dwelling units and for nonresidential development when required by the applicable zoning district requirements. The statement shall comply with the following requirements:

A. The statement shall convey the required information in a form that is clear, concise and easily understood by members of the public and by public decisionmakers. The substance of the information should be stressed rather than the particular form, length or detail of the statement. The applicant should identify underlying studies, reports and information considered in preparing the statement. However, the statement shall be essentially a self-contained instrument that can be understood without the need for cross reference.

B. The applicant shall submit the following information regarding the site and proposal:

(1) Existing conditions shown and explained in an inventory and analysis as required by § 500-819D. or E herein, as appropriate for the type of proposal.

(2) Proposed conditions, development, facilities and activities in the form of plans, data and narrative text.

C. The applicant shall identify anticipated impacts by providing the following:

(1) A description of the physical environment being affected, including, but not limited to, summary technical data and maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analyses and data should be attached as appendixes or footnoted with adequate bibliographic references.

(2) A description of the interrelationships and cumulative environmental impact of the proposed facilities and other activities, explained with adequate technical analysis. Economic impact of the environmental impacts shall be included.

(3) An explanation of any effects on desirable employment, taxes and property values, and on desirable community growth.

(4) Identification of nearby recreation areas and an explanation of the impacts of the proposal on those areas.

(5) An explanation of the aesthetic impact of the proposal, including its impact upon visual quality of the surrounding community.

(6) Specific data relating to the impact of the proposed facilities on the following:

(a) Natural and man-made local storm drainage facilities and areas.

(b) Sanitary sewage disposal.

(c) Floodplain areas, including details of any measures or precautions which may be needed to provide adequate flood control.

D. The environmental assessment statement shall identify and explain the following:

(1) Probable adverse environmental impacts which cannot be avoided. These may include, but are not limited to, water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to public health, safety or welfare or other consequences adverse to the environment. The applicant shall also provide a clear statement of how unavoidable adverse impacts will be mitigated.

(2) The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and an explanation of the extent to which the proposed action forecloses future options. In this context, the words "short-term" and "long-term" should be viewed in terms of the environmentally significant consequences of the proposed action.

(3) The success and/or failure of similar projects, if the proposal is nonconventional in nature. The Board of Supervisors will determine a proposal's nonconventional character, with the advice of the Township Engineer.

E. Other reasonable information may be required by the Board of Supervisors, Township Planning Commission, Township Engineer, and/or Township Solicitor.

F. The sources of data used to identify, quantify or evaluate any and all environmental consequences must be specifically noted. The Upper Perkiomen Valley Regional Comprehensive Plan or any successor plan thereto; the Upper Hanover Township Open Space and Environmental Resource Protection Plan Update (2006) or any successor plan thereto; and the 2005 Montgomery County Comprehensive Plan, Shaping Our Future , or any successor plan thereto, should be included in the sources used by the applicant.

[Amended 12-9-2003 by Ord. No. 03-12; 2-13-2007 by Ord. No. 2007-01; 4-10-2007 by Ord. No. 2007-04]

G. The Township Planning Commission and/or Board of Supervisors may request the review and recommendations of their regular advisors or other technical experts in evaluating environmental assessment statements. As a result of these evaluations, the Board of Supervisors may require revisions to proposals to reduce or eliminate adverse environmental impacts. The Board may also impose conditions on a proposal to preclude adverse impacts resulting from future revisions, expansions or intensifications of development or land use on the site of that proposal.

§ 500-821 Heliports and other aircraft landing facilities and operations.

Heliports shall be permitted when authorized by the Board of Supervisors as a conditional use in the R-1, R-2, R-3, CB, LI, LIC or OS Districts, or at an airport licensed by the Federal Aviation Administration (FAA), only when licensed by the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation, and otherwise in compliance with applicable federal regulations.

A. No portion of a heliport, including buildings, storage, maintenance and landing area, may be within 250 feet of a property line of a residentially or institutionally zoned or used piece of property.

B. Appropriate fencing shall be provided by the applicant to restrict pedestrian and vehicular access to the heliport.

C. Development shall otherwise be in accordance with the requirements of the district in which the heliport is located.

D. A heliport may not be used unless a valid Township conditional use permit is in effect.

(1) Helicopter, balloon, ultra-light, or other aircraft landing or takeoff from nonheliport, nonairport or any other site without a valid conditional use permit may only be allowed when it is done:

(a) With written approval of the Board of Supervisors;

(b) In conjunction with a special event, such as an athletic contest, a holiday celebration, parade or similar activity, after reasonable advance notice has been given to the Township of the intention to do so;

(c) On an occasional or infrequent basis from an unprepared site either as a business accessory use or as an industrial aid; or

(d) When necessary for law enforcement purposes or for medical emergencies.

(2) The applicant shall apply to the Board of Supervisors for a tentative approval of the conditional use.

(3) Following tentative approval, the applicant shall secure all necessary state and federal licenses and permits. The applicant may submit plans for land development approval for the heliport at the same time.

(4) After securing all necessary state and federal licenses and permits, and receiving land development approval for the heliport plan, the Board of Supervisors will grant final approval to the conditional use application.

(5) The Township's permit shall be issued to the applicant within 30 days after final approval of the conditional use application.

(6) When located in residential zoning districts, the site:

(a) Shall comply with the requirements herein applicable to sites in other zoning districts;

(b) Shall be used only by executive-type helicopters; and

(c) Shall be located not closer than 250 feet from the closest property line.

(7) The permit shall be renewable annually.

(8) The permit shall be automatically revoked:

(a) If the Bureau of Aviation, PennDOT revokes the heliport's license or refuses to relicense the heliport after one of its periodic inspections;

(b) If the FAA withdraws or revokes its approval, if initially required; or

(c) Thirty days after the Zoning Officer has notified the permit holder in writing that the heliport is no longer in compliance with the Township permit's requirements, provided that the noncompliance has not been corrected within those 30 days.

(9) When the heliport's permit and/or license has been revoked, the operator shall close the by site publishing and posting notices to that effect and employing such visual markers as are customary for this purpose.

(10) Other aircraft. Other aircraft, such as balloons, ultra-lights, etc., may take off and land only at properly licensed airports or heliports. Heliport use for these purposes shall be permitted only when authorized by the Board of Supervisors as a conditional use. The Board of Supervisors may limit the hours of operation and number of aircraft involved as part of its approval.

E. Any airport or heliport operations or landings or takeoffs not in compliance with these requirements shall be a violation of this chapter, subject to the enforcement remedies found in § 500-403 herein.

F. See also Article XXII, AZ Airport Zoning District.

§ 500-822 Day-care facilities.

Day-care facilities, as defined in this chapter, shall be permitted only in those districts where specified as permitted by right or by conditional use, in compliance with the requirements of this section.

A. Child day-care facilities shall comply with the state's regulatory standards contained in Sections 8A, 8B and 8C of Chapter II of the Social Services Manual of the Pennsylvania Department of Public Welfare (hereinafter referred to as DPW).

(1) Family day-care homes must hold an approved and currently valid DPW registration certificate.

(2) Group day-care homes and day-care centers must hold an approved and currently valid DPW license.

B. No portion of any day-care facility shall be located within a three-hundred-foot distance of a potentially hazardous land use or activity which could pose a threat to the safety and welfare of the facility's occupants and staff. Hazardous land uses or activities include but are not limited to gasoline filling stations, storage of flammable liquids or gases, underground pipelines of flammable materials, heavy industrial uses, and areas of abnormally high numbers of vehicular movements.

(1) All day-care facilities shall meet the parking requirements found in § 500-901A(11)(k).

C. On-site outdoor play area. An outdoor structured play area or areas shall be provided adjacent to child day-care buildings, with adequate safety, separation and protection from adjoining uses, properties and roadways.

(1) These areas shall not be located in a yard area adjacent to a road or heavily traveled driveway. Where play areas are located adjacent to on- or off-site parking, loading or driveway facilities, physical barriers shall be installed to guard against vehicles entering the play area.

(2) For group day-care homes and day-care centers, the play areas shall meet the setback requirements for a principal building in the district in which they are located.

(3) Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

D. Dropoff area. For all day-care facilities located on roads other than residential streets, an on-site dropoff area shall be provided with sufficient capacity for the type of facility proposed. All dropoff areas shall provide sufficient turnaround area so that vehicles can exit the site by driving forward.

(1) The dropoff area shall be immediately adjacent to the day-care building and be designed so that pedestrians do not cross vehicular traffic lanes in any parking area or driveway.

(2) In dropoff areas within parking lots, the spaces nearest the building entrance shall be used for drop off. As part of a driveway, the dropoff area shall be located in a vehicle turnout lane 12 feet wide, exclusive of the driveway through lane.

(3) The minimum number of dropoff spaces (equivalent to a parking space in size) shall be as follows:

(a) Family day-care homes: two per home in addition to required residential parking.

(b) Group day-care homes: three per home in addition to required residential parking.

(c) Day-care centers and adult day-care facilities: three spaces plus one for each 20 children/adults that the facility is licensed to accommodate.

E. Registration. All day-care facilities shall be registered with the Township and shall certify compliance with the requirements of this chapter on an annual basis.

F. Inspection. The operator of a day-care facility shall permit authorized agents of the Township to enter the property to inspect the use for compliance with the requirements of this chapter, other applicable township ordinances, and applicable state regulations.

§ 500-823 Lighting.

Lighting of property that causes a hazard or a nuisance to abutting roads and/or properties is a violation of this chapter and shall not be permitted.

A. When lighting appears to be a potential hazard or nuisance along public roads, the Township Zoning Officer shall determine the need to relocate, diminish, reorient, shield or remove the light fixtures in question, with the advice of the Township Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.

B. When lighting appears to be a potential hazard or nuisance to an abutting property, the owner or tenant of the affected property may notify the Zoning Officer, who shall then determine the need to relocate, diminish, reorient, shield or remove the light fixtures in question, with the advice of the Township Engineer. The following shall be used as criteria:

(1) No light shall shine directly into the windows of a building on abutting property.

(2) No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property.

(3) Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the nonresidential development and shield the residential properties from direct lighting or glare. An intensely lit nonresidential use shall also install a landscaped screen buffer along the residential property line, in compliance with the landscaping regulations in Article V of Chapter 425, Subdivision and Land Development.[1]

[1] Editor's Note: See § 425-500, Landscaping regulations.

(4) Light fixtures closer to a side or rear lot line than the side or rear yard setback shall be no more than 10 feet high and shall be so constructed that all light shall be aimed perpendicular to the side or rear lot line and in the direction of the nonresidential development.

(5) All light fixtures for nonresidential uses shall use the most current lighting industry technology to ensure that these performance standards are satisfied.

C. The person(s) responsible for the lighting violation shall be required to correct the violation in conformance with Article IV of this chapter.

§ 500-824 Kennels.

Kennels, where specified as a permitted use in the LIC District regulations, are subject to the following provisions:

A. A minimum lot size of five acres shall be provided.

B. No animal shelter or run shall be permitted within 100 feet of any property line or 200 feet of any other dwelling on adjacent properties.

C. A total screen buffer, as defined in Chapter 425, Subdivision and Land Development, shall be provided along property boundaries with residential uses to control noise and odor.[1]

[1] Editor's Note: See § 425-500, Landscaping regulations.

D. The total number of dogs per acre shall not exceed five, not including dogs under six months old.

§ 500-825 (Reserved) [1]

[1] Former § 500-825, Traffic impact study, was repealed 1-8-2019 by Ord. No. 2019-01.

§ 500-826 Satellite dishes and other antennas.

[Amended 11-14-2000 by Ord. No. 00-4]

The following provisions apply to all satellite dishes, antennas, and antenna support structures, other than wireless or cellular communications towers and antennas. Permitted antennas are classified as noncommercial or commercial satellite dishes or antennas. Satellite dishes are hereinafter referred to as "dishes."

A. Permitted antennas:

(1) Noncommercial antennas. These are permitted in any zoning district, according to the provisions of § 500-826B and D herein. Only a private noncommercial radio and/or television antenna or dish is permitted and only as an accessory use to the primary use on the lot.

(a) Private noncommercial uses include dishes and antennas for home use, ham radio, citizen band (CB) radio, and two-way or one-way radio for public safety and exclude fixed-point microwaves used by telephone or other companies, two-way radio from a base to land-mobile antennas (such as radio-dispatched taxis), commercial AM and FM radio antennas, commercial UHF and VHF television antennas, and cellular communications towers and antennas.

(b) No dish or antenna may be used for commercial purposes if it is located in a residential district.

(c) A dish or antenna up to three feet in diameter and three feet in height is permitted by right, and no site plan shall be required.

(d) A dish or antenna more than three feet in diameter or three feet in height is permitted by conditional use, and a site plan shall be required.

(2) Commercial antennas. These are permitted only in the LI Limited Industrial, LIC Limited Industrial and Commercial, OS Outdoor Storage and Intensive Commercial/Industrial and CB Commercial Business Districts, according to the provisions of § 500-826C and D herein.

(a) Commercial dishes and antennas include, but are not limited to, fixed-point microwaves used by telephone or other companies, two-way radio from a base to land-mobile antennas (such as radio-dispatched taxis), commercial AM and FM radio antennas, commercial UHF and VHF television antennas, and antennas and dishes used for restaurants, offices, industries or other businesses. Cellular or wireless communications antennas are specifically excluded.

(b) A dish or antenna up to 10 feet in height is permitted by right, and no site plan shall be required.

(c) A dish or antenna more than 10 feet in height is permitted by conditional use, and a site plan shall be required.

(3) Cellular or wireless communications antennas and towers. These are permitted according to the provisions of § 500-833 herein.

B. Standards for private, noncommercial satellite dishes and antennas:

(1) No dish or antenna shall be located in the front yard setback or any yard area abutting a street in any district. If ground mounted, the dish or antenna shall be located in the side or rear yard of the lot. The dish or antenna shall be installed in the location that will shield the view of the dish or antenna from the street or from neighboring properties to the greatest extent feasible. If mounted on a building, the dish or antenna shall not extend more than three feet into a side or rear yard and may not extend into a front yard or any yard area abutting a street in any district.

(2) No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this chapter.

(3) When ground mounted, the dish or antenna shall be screened from public streets or adjoining residential districts or uses by the installation of a fence or by planting evergreen trees or shrubs which are the height of the dish or antenna when planted, and which will form a complete visual barrier.

(4) No dish shall not exceed 12 feet in diameter. No roof-mounted dish shall project more than eight feet from the roof. No ground-mounted dish shall exceed 12 feet in height.

(5) No more than one dish shall be permitted on any lot. If more than one antenna is required, it shall be placed on a structure shared with other antennas.

C. Standards for commercial satellite dishes and antennas:

(1) The dish or antenna shall be installed in the location that will best shield the view of the dish or antenna from the street or from neighboring properties.

(2) No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this chapter.

(3) When ground mounted, the dish or antenna shall be screened from public streets or adjoining residential districts or uses by the installation of a fence or by planting evergreen trees or shrubs which are the height of the dish or antenna when planted or six feet (whichever is lower) and which will form a complete visual barrier.

D. Standards for satellite dishes and antennas.

(1) Height. Dishes and antennas shall be the minimum height needed to function satisfactorily. No dish or antenna than is taller than this minimum height shall be approved.

(2) Setbacks.

(a) Setbacks for all satellite dishes and antennas.

[1] If the satellite dish or antenna is mounted on the ground, the building setbacks required by the underlying zoning district shall apply, except that in no case shall the setback be less than five feet.

[2] If the satellite dish or antenna is mounted on a roof, it shall be no less than five feet from any property line or party wall.

(3) Antenna and support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. When required by the Township, all support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.

(4) Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height. This requirement shall apply to all antennas and satellite dishes that are mounted on the ground and meet either of the following criteria:

(a) Located in a nonresidential zoning district.

(b) More than 10 feet in diameter or height.

(5) Landscaping.

(a) All antennas and satellite dishes that are mounted on the ground and are more than six feet in height or diameter shall be landscaped using one of the following methods:

[1] Evergreen or deciduous shrubs. Shrubs shall be placed three feet on center in a minimum five-foot-wide bed surrounding the antenna or satellite dish, arranged to provide a continuous hedge-like screen at a minimum height of 3 1/2 feet at maturity.

[2] Opaque fence with ornamental trees and shrubs. A six-foot opaque fence surrounding site element on at least three sides, with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for each 10 linear feet of proposed fence arranged formally or informally next to fence.

(b) Existing healthy trees, shrubs or woodlands may be substituted for part or all of the required landscaping at the discretion of the Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

(c) No plantings shall impede the function of the antenna or satellite dish.

(6) Required parking. If the antenna site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(7) Painting and lighting. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller or those near airports shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.

(8) Licensing. The applicant must be licensed by the Federal Communications Commission when required.

(9) Township identification. When permits are required, an identification tag with the Township permit number shall be attached to all antennas, towers and dishes.

(10) Advertising. No advertising shall be affixed to any dish, antenna, supporting structure or tower.

(11) Site plan. When required, the site plan shall show the following information:

(a) Property lines, building setbacks required by this chapter, zoning district(s) of all adjacent lots, and areas subject to easements and deed restrictions.

(b) Existing buildings and other structures, streets, sidewalks, parking areas and large trees.

(c) The proposed antenna or satellite dish, including any proposed fencing, guy lines, landscaping or other related features.

(d) Any other information deemed necessary by the Board of Supervisors.

(12) Installation of antennas shall require a use and occupancy permit, except for satellite dishes less than three feet in diameter when mounted on an existing structure.

(13) All applications must include certification by a registered engineer that the proposed installation complies with all applicable BOCA Code[1] standards, including load distributions within the buildings support structure for roof-mounted installations, for satellite dishes more than three feet in diameter or antennas more than 10 feet in height.

[1] Editor's Note: See now Ch. 180, Construction Codes, Uniform.

(14) All installations shall be located to prevent obstruction of the antenna or satellite dish reception window by potential permitted development or landscaping on adjoining properties.

§ 500-827 Modification of front yard requirements.

Where an unimproved lot of record is situated on the same road frontage between two abutting improved lots or between one unimproved lot and one improved lot, the front yard requirement for the district shall be modified so that the front yard shall be an average of the existing abutting front yards and the required front yard.

§ 500-828 Setback from road ultimate rights-of-way.

In all districts the minimum building setback from the ultimate right-of-way of all public roads shall be equal to the minimum front yard setback for the district.

§ 500-829 Obstruction to vision at intersections.

On any corner lot, no physical improvement or planting area shall be erected, altered or maintained within the vicinity of the intersection that would cause obstruction to driver vision from the abutting intersection. All development and use of land shall comply with the vehicular access analysis and its related requirements found in Article IV of Chapter 425, Subdivision and Land Development.

§ 500-830 Condominium development.

Development proposed under the condominium form of ownership shall be required to satisfy the dimensional requirements of the zoning district in which it is located for the types of dwelling units proposed. For dwelling units that are otherwise regulated by minimum lot areas, lot widths, and yards, plans shall show equivalent lotted areas, lot widths, and yard areas as dashed lines to show that the proposed development would comply with the dimensional standards required for those dwelling units under a fee-simple lotted plan.

§ 500-831 Height of agricultural building and structures.

Where agriculture is a permitted use or exists as a legal nonconforming use, agricultural buildings and structures are permitted to a maximum height of 55 feet, provided that the setback from any property line is at least equal to the building's or structure's height.

§ 500-832 Height of other structures.

[Amended 4-14-2009 by Ord. No. 2009-01; 8-8-2023 by Ord. No. 2023-02]

A. Agricultural structures may be 55 feet in height in any zoning district in which they are permitted.

B. The height of wireless communications antennas shall be as set forth in § 500-833.

C. A structure in the R-2 Medium Density Residential District or R-3 High Density Residential District may be 15 feet in height.

D. With respect to all other structures, a structure may not be taller than the maximum allowed building height in the zoning district in which it is located, unless the Board of Supervisors grants conditional use approval for a greater height. In considering an application for a conditional use regarding the height of a structure, the Board of Supervisors shall consider:

(1) The nature of the structure itself and the extent to which it is consistent or inconsistent with the landscape and structures in the vicinity of it;

(2) The height of other buildings and structures in the area;

(3) The proximity of residences and the extent to which the height of the structure diminishes the quality of life for those residing in proximity to the structure;

(4) Whether the structure is proposed to include lighting;

(5) Where the structure will generate noise;

(6) The possibility of harm to persons or property even when meeting the required yard setbacks;

(7) Whether the structure would be subject to regulation by agencies other than the Township and the extent to which such regulations could have a negative impact on the community (for example, lighting required for a structure in an established approach path to an airport; PUC regulations applicable to water tanks, etc.).

§ 500-833 Wireless communications antennas.

[Added 11-14-2000 by Ord. No. 00-4]

This section regulates all types of wireless communications antennas and related communications towers, equipment buildings, and site development.

A. Purposes:

(1) To satisfy the need for wireless communications antennas while carefully regulating their locations and characteristics.

(2) To minimize adverse visual effects of wireless communications antennas, communications towers, equipment buildings, and site development through design, siting and landscape screening standards.

(3) To avoid potential damage to adjacent properties from communications tower failure and falling ice, through engineering and siting standards for communications towers.

(4) To encourage the shared use (co-location) of any new communications towers to reduce the number of such towers needed.

B. Use regulations for wireless communications antennas, equipment buildings, and towers:

(1) Antennas permitted by right on existing towers or other structures. Wireless communications antennas and their equipment buildings are permitted by right only when the antennas are attached to an existing tower or other structure as follows:

(a) In all zoning districts. When the antennas are attached to an existing communications tower or existing public utility transmission tower.

(b) In LIC, LI and OS Districts. When the antennas are attached to an existing smokestack, water tower, or similar existing structure more than 100 feet in height and located in the LIC Limited Industrial and Commercial, LI Limited Industrial, and/or OS Outdoor Storage and Intensive Commercial/Industrial Districts and on all property owned by the Township of Upper Hanover and used for municipal services facilities.

(2) Antennas permitted by special exception on new communications towers. Wireless communications antennas and their equipment buildings are permitted by special exception in the LIC Limited Industrial and Commercial, LI Limited Industrial, and OS Outdoor Storage and Intensive Commercial/Industrial Districts when a new communications tower is required for the antennas. This includes communications towers proposed to be built on existing or proposed buildings. All other uses ancillary to the communications antenna and associated equipment (including business office, maintenance depot, vehicle storage, etc.) are prohibited from the wireless antenna site unless otherwise permitted in the zoning district in which the wireless antenna site is located.

(3) Where communications antennas and towers are permitted, they may be located on a lot that contains an existing principal use.

C. Dimensional standards for antennas, communications towers, and equipment buildings:

(1) Size and height limits of antennas.

(a) Directional or panel communications antennas. These antennas shall not exceed five feet by three feet in size. The top of these antennas shall not exceed the height of the structure on which they are proposed to be mounted, except when mounted on a water tower.

(b) Omnidirectional or whip communications antennas. These antennas shall not exceed 20 feet in height or seven inches in diameter and may extend above the top of the structure on which they are mounted.

(2) Height and setbacks of communications towers and equipment buildings.

(a) Tower height. Maximum height of a communications tower shall be 200 feet. However, no tower or antennas shall be of such height as to require installation of navigation lights in compliance with the standards of the Federal Aviation Administration. The applicant shall provide evidence that demonstrates that the proposed height of the communications tower is the minimum height necessary to perform its function.

(b) Tower setbacks. Minimum setbacks for the foundation and base for any communications tower shall be 500 feet from the street ultimate right-of-way line and 200 feet from all property lines of the parcel within which the tower is located (not the lease lines proposed for tower use).

(c) Equipment building height and setbacks.

[1] Height: maximum 12 feet.

[2] Setbacks from property lines. Communications equipment buildings shall comply with the setback requirements for principal buildings in the zoning district in which the building is located.

(d) Tower and equipment building setbacks from other structures. When located on a lot occupied by other structures, the tower and equipment building shall be set back at least 25 feet from all other structures on the lot, except that, equipment buildings for providers using the same tower may be set back a minimum of five feet from other providers' equipment buildings.

(3) Minimum lot size. In addition to meeting the setbacks required in Subsection C(2)(b), (c) and (d) above, a communications tower and its equipment building(s) shall be located within a lot that meets the minimum lot size and other requirements of the zoning district in which it is located, although the tower and building(s) may occupy a smaller leased area within that lot. A communications facility that is designed to be unattended on a daily basis and would be visited only for regular maintenance purposes may be located on a property which contains another principal use.

D. Access, parking, security fencing and guy wires, and landscaped screening:

(1) Access. Vehicular access shall be provided to the equipment building(s) and antennas by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with an improved driveway for its entire length. The driveway shall be paved between the edge of the cartway and the ultimate right-of-way but may be stone thereafter, in compliance with the Township's Engineering Standards.[1]

[1] Editor's Note: See Appendix A at the end of Ch. 425, Subdivision and Land Development.

(2) Parking. A minimum of one off-street parking space shall be provided for each provider using a tower or other structure for its antennas, to a maximum of three spaces per tower or other structure, for temporary use by maintenance or inspection personnel.

(3) Security fencing and guy wires. A security fence, eight feet in height, shall be required to surround communications towers and equipment buildings. For guyed towers, an eight-foot fence shall surround the guy wire anchors. All guy wires shall be clearly marked to be visible at all times within 15 feet of the ground. and their anchors shall be set back at least 25 feet from property lines.

(4) Landscaped screening. Landscaped site element screens shall be provided to screen the base of towers, equipment building(s), parking, and guy wire anchors in compliance with the most intense screening standards of the Township's Subdivision and Land Development Ordinance. The landscaped site element screen shall be located outside the fence, and landscaping shall provide all-year screening. A property line buffer shall also be provided between these features and adjacent residential development or zoning.

E. Special exception standards and criteria for communications towers: New communications towers shall only be permitted by special exception when the following conditions have been met:

(1) Evidence of need. Using technological evidence, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the communications tower must go where it is proposed in order to satisfy its function in the provider's grid system. The applicant shall provide a map identifying all existing and proposed towers in the Township and adjacent communities and evaluate the use of repeater antennas as a substitute for a new tower.

(2) Potential use of existing structures. The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that it has contacted the owners of potentially suitable structures within a 1/2 mile radius of the proposed tower site and was denied permission to install the antennas, including repeater antennas, on those structures for one or more of the following reasons:

(a) The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure or use, and the interference cannot be prevented at a reasonable cost.

(c) The existing structures do not have adequate location, spaces, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d) A commercially reasonable agreement could not be reached with the owners of the potentially suitable structures.

(3) Maintenance and removal when abandoned.

(a) Maintenance. The applicant shall agree to maintain the tower and related facilities in a safe condition and reasonable appearance as long as the tower is in place.

(b) Removal. The applicant shall agree that the communications tower shall be dismantled and removed if the tower remains unused for a period of 12 consecutive months. Such dismantling and removal shall occur within six months of the expiration of the twelve-month period. As part of the land development plan approval process, the applicant shall post financial security in a form acceptable to the Board of Supervisors, sufficient to ensure removal and cleanup of abandoned facilities if the applicant fails to do so in the allotted time period.

(4) Accommodation of other providers. The applicant shall agree that the proposed communications tower shall be constructed to maximize accommodation of other users, including other communications companies and local police, fire and ambulance companies, structurally appropriate for the proposed tower.

(5) Structural certification and annual inspections. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower and antennas will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Township's Building Code.[2] The provider shall have qualified inspectors conduct annual structural inspections and provide inspection reports to the Township certifying the structural integrity of the tower and antennas.

[2] Editor's Note: See Ch. 180, Construction Codes, Uniform.

(6) Anticlimbing devices. All towers shall be fitted with anticlimbing devices, as approved by the manufacturers.

(7) Appearance.

(a) Communications towers shall be made as visually unobtrusive as possible in order to reduce the visual impact. The applicant shall consider the tower's setting and propose a type of structure, colors and finishes that help the tower and antennas blend in with their surroundings, subject to approval by the Board of Supervisors as part of the land development plan submission.

(b) The applicant shall provide a viewshed analysis to determine if the proposed communications tower and antennas would interfere with the vistas identified in the adopted Upper Hanover Township Open Space Plan. The applicant should seek alternative locations which will avoid such impact. If this is not feasible, the applicant should indicate measures which will be taken to minimize the impact on the identified vista.

(8) Signs and lights. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, the Federal Aviation Administration or other governmental agency which has jurisdiction, or which may be needed for emergency repair.

(9) Land development plan required. The construction of a communications tower and equipment building or cabinet shall be considered a land development and shall require submission of a complete land development plan for review and approval, as required by Chapter 425, Subdivision and Land Development.

F. Installation of antennas on existing structures.

(1) Plan requirements. The installation of communications antennas on existing structures and the construction of new communications equipment buildings or cabinets for those antennas do not require the submission of a complete land development plan. However, a site plan shall be submitted in sufficient detail to allow the Township Engineer and Township Zoning Officer to evaluate compliance with the requirements of this section.

(2) Additional required information. Any applicant proposing communications antennas that will be mounted on a building or other structure shall submit the following information:

(a) Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(b) Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure, for review by the Township Zoning Officer and Engineer for compliance with the Township Building Code and other applicable regulations.

(c) Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.

G. Other requirements.

(1) All providers shall submit a copy of their FCC license to provide wireless communications services to the Township.

(2) No towers shall be constructed on a speculation basis.

§ 500-834 Centralized sewage facilities.

[Added 8-12-2003 by Ord. No. 03-04]

This section regulates centralized sewage/wastewater treatment facilities within Upper Hanover Township.

A. Purposes:

(1) Provide for the reasonable development, upgrading and expansion of public and/or private sewage collection and treatment facilities within Upper Hanover Township.

(2) Limit the permitted sewage collection and treatment facilities to those that serve development and land uses within Upper Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough, consistent with adopted municipal and/or multi-municipal Act 537 sewage facilities plans of those enumerated municipalities.

(3) Protect neighboring properties from potentially adverse impacts of these facilities through property buffering, setbacks and performance standards.

(4) Assure appropriate development, upgrading and expansion by providing proper design and dimensional standards for development and expansion of these permitted uses.

B. Application. These regulations shall apply to any tract of ground occupied by, used by or proposed for the following list of uses, regardless of the zoning district shown on the Township Zoning Map or zoning regulations for the district in which the tract is located. Whenever there is a conflict between the provisions of these regulations and those of the district in which the tract is located, these regulations shall apply.

C. Use regulations. The following uses shall be permitted in compliance with the standards in § 500-834D and E herein, as appropriate:

(1) Centralized sewage/wastewater treatment facilities, including:

(a) Public or private centralized sewage/wastewater treatment plant.

(b) Sewage pumping station.

(c) Administrative office, vehicle storage garage, or other use customarily incidental and accessory to uses listed in Subsection C(1)(a) and (b) herein.

D. Uses and facilities permitted by right. The following uses shall be permitted by right, in compliance with the standards herein:

(1) Existing uses or facilities. Uses and/or facilities specified in Subsection C herein in existence as of the date of adoption of this amendment shall be considered conforming uses permitted by right when they comply with the following:

(a) Status confirmation. In order to confirm the status of a use or facility as conforming, an as-built or similarly detailed site or land development plan shall be submitted to the Township showing the area of the subject site devoted to such use and all existing impervious areas and structures, along with a narrative detailing the facility's operations. The plan and narrative shall be certified and sealed by a licensed professional engineer.

(b) Acceptance by Township. The plan and narrative required by Subsection D(1)(a) above shall be subject to acceptance by the Board of Supervisors on the following basis:

[1] The submission shall be deemed approved unless rejected by the Board of Supervisors within 90 days following the date of the Supervisors' or Planning Commission's meeting, whichever first reviews the plan, next following the date the submission was filed; and

[2] Rejection of the submission shall be limited to issues relating to the completeness and accuracy of the plans and narrative.

(2) Upgrade or expansion of existing facilities. Any existing use or facilities permitted by right shall be allowed by right to be upgraded, expanded or improved for greater efficiency in operations and/or to meet new governmental requirements, in conformance with the following:

(a) Land development plan. Where the owner of an existing facility proposes an upgrade or expansion of an existing facility involving new or enlarged structures, or a change in plant operation that will affect odor, noise or traffic, the owner shall submit a land development plan (LDP) for approval by the Township. The LDP shall be prepared in accordance with Chapter 425, Subdivision and Land Development. The plan shall be accompanied by a narrative describing the proposed project in detail.

[1] The applicant shall, at the time of submittal of an LDP to the Township, provide written notice of the particular nature of the upgrade or expansion to all landowners within 500 feet of the applicant's land within Upper Hanover Township and adjacent municipalities. Such written notice shall be by certified mail with return receipt requested. The applicant shall file with the Township a certification of service.

[2] The Township shall review the LDP in accordance with the requirements of the SALDO and the standards therein.

[3] Review of the LDP shall place emphasis on the performance standards established by Township ordinances, with emphasis on noise, odor control, and traffic.

(b) Any upgrade or expansion shall be in accordance with a PA DEP permit and approved Act 537 plan, where applicable.

(c) Any upgrade or expansion shall be for the exclusive use of Upper Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough, either individually or jointly.

(3) Sewage pumping station.

E. Uses and facilities permitted by conditional use. The following uses and facilities shall be permitted by conditional use, in compliance with the standards herein:

(1) Addition of new process. The addition of a new process not presently conducted at the site of an existing use shall be allowed as a conditional use. "New process" shall means any means of treatment or handling of sewage or sewage sludge generated within the limits of an approved Act 537 sewage facilities plan for the exclusive use of Upper Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough, either individually or jointly. These may include, but not be limited to, dewatering, clarifying, digesting or drying sewage or sewage sludge, not currently conducted at the site of any existing use.

(2) Any uses permitted under this section shall be required to submit a land development plan to the Township in the same manner as upgraded or expanded uses permitted by right. The land development plan requirements shall be as specified in § 500-834D(2)(a).

(3) Additional requirements for conditional uses.

(a) An environmental assessment statement in accordance with § 500-820 of this chapter shall be required for all conditional uses.

(b) Landscaped buffering shall be provided in accordance with the requirements of § 500-1803E of this chapter.

(c) All conditional uses shall be subject to the procedures contained in § 500-818 of this chapter.

(d) Compliance with plan submission requirements of the Township's Subdivision and Land Development Ordinance is required.

F. Development regulations for all uses.

(1) The lot width, lot area, setbacks (or 150 feet from an occupied building, whichever is greater), building coverage, and impervious coverage requirements of § 500-1802C. of this chapter shall be applicable for public or private centralized sewage/wastewater treatment plants.

(2) No lot area minimum shall apply to sewage pumping stations located remotely from a sewage treatment plant on a separate lot.

(3) No sewage pumping station with an average daily flow of 20,000 gallons per day or less (using 200 gallons per day as the average daily flow of a residence) shall be located within 100 feet of an occupied building.

(4) No sewage pumping station with an average daily flow greater than that defined in § 500-834F(3) shall be located closer than 150 feet from an occupied building.

(5) Building and structure height requirements of § 500-1802E of this chapter shall be applicable to all uses covered by this section.

(6) Parking shall be calculated in accordance with § 500-901B of this chapter.

(7) Performance standards contained in § 500-817 of this chapter shall be applicable to all uses covered by this section.

(8) Any lighting provided shall comply with Upper Hanover Township lighting regulations.

(9) Noise control standards of Article XXVIII of this chapter shall be applicable to all uses covered by this section.

§ 500-835 Self-service storage facilities.

[Amended 9-13-2005 by Ord. No. 2005-10]

The following provisions apply to all self-service storage facilities, as defined by this chapter. Self-service storage facilities are permitted by right in the LIC-1, LIC-2 and LI Districts and per Article XXIV and shall be in compliance with the requirements of this section.

A. The self-service storage facility shall be enclosed and contained by a security fence which shall be:

(1) Equipped with at least one twenty-four-hour automated access gate.

(2) A minimum of six feet in height.

(3) Decorative/architectural when facing a street.

B. Landscaping shall be provided in accordance with § 425-500 of Chapter 425, Subdivision and Land Development, including but not limited to street trees, property line buffers and site element screening.

C. Building color shall be compatible with the surrounding area and reflect the architectural heritage of the Upper Perkiomen Valley. When facing public streets, natural materials, such as, but not limited to, brick or stucco, should be incorporated into building facades.

D. No business activity other than the leasing of storage units shall be conducted on the premises. One office building may be included on the premises for this purpose and no other, and it shall be considered accessory to the self-service storage use.

E. Only dead-storage activities shall be permitted. For the purposes of this section, "dead storage" shall mean the keeping of goods not in use and not associated with any office, retail or other business activity.

F. Off-street parking spaces shall be provided on the property situated in conjunction with the office for use by employees, service or delivery personnel or prospective tenants. Sufficient parking to allow for the maximum number of employees on any one shift plus a minimum of three additional spaces must be provided, but in no case shall fewer than five total spaces be provided.

G. The following uses/activities are specifically prohibited:

(1) Servicing or repair of vehicles, boats or other equipment;

(2) Auctions;

(3) Commercial or private sales;

(4) Flea markets;

(5) Yard or garage sales; and/or

(6) Storage/transfer of vehicles for business purposes.

H. Storage of gasoline and similar petroleum products, radioactive materials, explosives, highly flammable materials, hazardous substances, chemicals, garbage, trash, highly toxic substances, and animal carcasses or skins shall be prohibited. The operator of the self-service storage facility shall include a provision to this effect in any lease used to rent the storage units and shall post notices to such effect at places likely to be seen.

I. Except as may be provided by Subsection J below, all storage shall be within closed buildings manufactured for that purpose, built on a permanent foundation of durable, fire-resistant, waterproof materials. Trailers, box cars, sea containers, prefabricated sheds, or similar impermanent or movable structures shall not be used for storage.

J. Outdoor storage shall be allowed in conjunction with self-service storage buildings by conditional use. Any conditional use application for outdoor storage shall meet the following criteria in addition to that of Subsections A through H above:

(1) The area of the outdoor storage shall be limited to 15% of the proposed total storage area, as determined by the building footprint(s).

(2) The area shall be one single designated area separate from the storage units, such that stored vehicles shall not interfere with traffic movement through the complex.

(3) Outdoor storage is prohibited in the front, side and rear yards.

(4) Outdoor storage should be to the rear of the storage buildings but shall be located in the least environmentally sensitive area of the tract.

(5) Items stored outdoors shall be limited to registered, noncommercial automobiles, boats, recreational vehicles, trailers and similar vehicles, excluding mobile homes.

(6) No junk vehicles shall be stored.

(7) Human habitation of any stored item is strictly prohibited.

(8) Outdoor storage shall be subject to the site element screen category of "outdoor sales yard and vehicle storage" contained in Chapter 425, Subdivision and Land Development.[1]

[1] Editor's Note: See § 425-500F(3).

K. Self-service storage facilities proposals shall be subject to review by local police and fire officials regarding security and fire protection.

L. The height of the storage buildings shall not exceed one story or a maximum of 14 feet.

§ 500-836 Principal uses on a lot.

[Added 6-10-2008 by Ord. No. 2008-04]

No more than one principal use shall be allowed on any lot except where unlotted development is specifically allowed for by this chapter.

§ 500-837 Retirement complex.

[Added 6-10-2008 by Ord. No. 2008-04]

Retirement complexes (permitted on institutional land in the R-1 District, see § 500-1204) shall also be in compliance with the requirements of this section.

A. Use regulations. Within a retirement complex, a building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any of the following uses and not any other:

(1) Independent dwelling units. Single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings and single-family attached dwellings (provided that no more than six single-family dwelling units are attached in a linear row). Each individual dwelling unit shall contain complete kitchen, toilet and bathing facilities and shall have at least one outside window.

(2) Apartment housing units. Multifamily dwellings in which each group of living units is associated with one or more common areas designed for the exclusive benefit of the group. Each living unit shall contain at a minimum a private or semiprivate bedroom and a private complete bathroom. Each living unit shall provide space and facilities for cooking and related kitchen activities, dining, bathing and toilet functions. Common areas may also be provided for recreation, relaxation, clothes washing, and similar activities.

(3) Skilled care facilities. Premises or a portion thereof used to house and care for persons requiring hospitalization, skilled or continuous nursing care, or any combination thereof, for periods exceeding seven consecutive days.

(4) Personal care congregate facilities also called "assisted living facilities." Premises or a portion thereof in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for residents requiring supervision and assistance in such matters as dressing, bathing, diet or medication prescribed for self-administration, but not requiring hospitalization or skilled nursing care. Facilities shall include a living/sleeping area and a private powder room and bath (although a shared bath will be permitted).

B. Development regulations. The following density, area, width and yard regulations shall apply in a retirement complex:

(1) Building size. Not more than six single-family attached dwellings shall be placed in a continuous attached row.

(2) Distance between buildings. The horizontal distance between any two buildings shall not be less than:

(a) For any two exterior facing walls (the building of which is oriented front to front, front to rear, or rear to rear), the minimum distance apart shall be equal to 1 1/2 times the height of the tallest building.

(b) For any combination of exterior facing walls not qualified under § 500-837B(2)(a) above, the total distance apart shall be 1/2 the height of the taller building.

[Amended 4-14-2009 by Ord. No. 2009-01]

(3) Setbacks. The following minimum setbacks shall be observed:

(a) Apartment housing units, skilled care facilities and personal care congregate facilities: 100 feet from any property line.

(b) Independent dwelling units: 40 feet from any property line.

(c) Seventy-five feet from the ultimate right-of-way of public street.

(d) Twenty-five feet from any internal driveways within a retirement complex development.

(e) Fifteen feet from any parking area, except that, for a private drive for any single-family detached or semidetached dwelling unit, it will be 10 feet from any parking area. The setback or dropoff areas for the apartment housing units, the personal care facility and skilled care facility will be 10 feet from any parking area.

(4) Height of buildings. The maximum height for any building in a retirement complex shall not exceed 35 feet, except that the maximum height of apartment housing units, skilled care facilities or personal care congregate facilities may be increased by five-foot increments for every additional 10 feet of building setback as specified in § 500-837B(3)(a) herein. Under no circumstances shall the height of a building exceed 50 feet.

[Amended 4-14-2009 by Ord. No. 2009-01]

C. General requirements.

(1) Utilities. All buildings within a retirement complex shall be served by a public sewage disposal system and by centralized water supply facilities. In addition, all utility lines (electric, telephone, etc.) shall be placed underground.

(2) Common areas and facilities. Where facilities serving the entire development, such as parking lots, interior pedestrianways, driveways, alleys, lighting facilities, landscaped planting areas, buffers, open spaces, and recreation areas, are provided in common areas, provisions shall be made for their perpetual maintenance and care by the applicant.

(3) Upon receipt of the Planning Commission recommendation, the Board of Supervisors shall review the preliminary plans and may:

(a) Grant preliminary approval of the development plans as submitted.

(b) Grant preliminary approval subject to specified conditions not included in the development plan as submitted; or

(c) As provided in Chapter 425, Land Development Ordinance, deny preliminary approval of the development plan.

(4) Upon approval of the preliminary plan or approval thereof with conditions, the developer shall submit, within one calendar year unless otherwise extended by the Board of Supervisors, a final development plan to the Upper Hanover Township Planning Commission complying with the requirements of Chapter 425, Subdivision and Land Development, for Planning Commission review and recommendations. The Planning Commission may require that the final development plan be submitted separately for the first and each successive stage.

[Amended 4-14-2009 by Ord. No. 2009-01]

(5) The Planning Commission shall determine at each stage if the final development plans conform to the preliminary plans and the requirements of this chapter and Chapter 425, Subdivision and Land Development. The Commission, having reviewed the final development plans, shall present its recommendations to the Board of Supervisors.

(6) Upon approval of the final development plans by the Board of Supervisors and execution by the developer of any necessary land development agreement with the Township of Upper Hanover and posting by the developer of security for construction of public improvements, as required by Chapter 425, Subdivision and Land Development, construction shall begin in accordance with the approved final plan within one year unless otherwise extended by the Board of Supervisors. If the retirement complex is to be developed in stages, the initial development must be completed within two years after the final development plan has been approved, unless otherwise extended by the Board of Supervisors. In the event that construction is not started or completed within the specific time, zoning permits may be revoked.

(7) Nothing herein shall be construed to confer a tax-exempt status on any retirement complex permitted and/or approved in accordance with the terms of this article and/or chapter.

§ 500-838 Private noncommercial windmills.

[Added 10-13-2009 by Ord. No. 2009-03]

The following provisions apply to private noncommercial windmills as defined by this chapter. A private noncommercial windmill is a structure and shall be considered only as an accessory use/structure in all zoning districts. Private noncommercial windmills shall be allowed only in compliance with the requirements of this section.

A. Any windmill which consists of a mast or tower with a turbine (not meant to include roof-mounted systems) shall be located on a property with a minimum net lot area of two acres.

B. Height and setback shall be in accordance with § 500-832.

C. A windmill (except for roof-mounted systems) shall be located to the rear of the principal structure on the lot.

D. There shall be a maximum of one windmill for a single parcel or for adjacent parcels held in common ownership.

E. Power generated by a windmill shall be for use only on the property, or an assemblage of properties under common ownership, except that excess power shall be sold back to the grid.

F. Proof of utility notification and approval is required.

G. All windmills shall be installed, operated and maintained in strict compliance with the manufacturer's instruction and/or guidelines. In the event that a conflict arises between the manufacturer's instructions and/or guidelines and the regulations contained herein, the stricter shall apply.

H. Any required wiring shall be underground or interior to the windmill.

I. If guy wire anchors are required, they shall be set back from the property line a minimum of 10 feet.

J. The minimum clearance between the lowest arc of the turbine blades and the ground shall be 20 feet.

K. Windmills shall comply with all regulations of the Federal Aviation Administration (FAA).

L. No lighting, unless required by the FAA, shall be utilized or attached to a windmill.

M. No signage or any forms of advertising shall be utilized or attached to a windmill.

N. Noise shall comply with Article XXVIII.

O. If the use of a windmill is abandoned for a period exceeding 18 months, the windmill must be removed.

§ 500-839 Outdoor solid-fuel-burning furnaces.

[Added 10-13-2009 by Ord. No. 2009-03]

The following provisions apply to outdoor solid-fuel-burning furnaces as defined by this chapter. An outdoor solid-fuel-burning furnace is a structure and shall be considered only as an accessory use/structure in all zoning districts. Outdoor solid-fuel-burning furnaces shall be allowed only in compliance with the requirements of this section.

A. These requirements do not apply to the following:

(1) Grilling/cooking using charcoal, wood, propane or natural gas in grilling/cooking appliances.

(2) Burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.

(3) The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating construction activities.

B. An outdoor furnace shall not burn any of the following materials:

(1) Rubbish or garbage, including but not limited to paper, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, paint thinner, furniture, composite shingles, demolition and construction debris or other household or business wastes;

(2) Waste petroleum and/or oil or other oily wastes;

(3) Asphalt and products containing asphalt;

(4) Treated, painted, or varnished wood or wood products, including but not limited to plywood, composite wood products, and oriented strand board;

(5) Any plastic material, including but not limited to nylon, polyvinylchloride (PVC), acrylonitrile butadiene styrene (ABS), polystyrene or urethane foam, and synthetic fabrics, films and containers;

(6) Rubber, including tires and synthetic rubber-like products;

(7) Any material that is not recommended for burning by the manufacturer of the outdoor solid-fuel-burning furnace;

(8) Lawn clippings, leaves, garden residue, tree trimmings, chipped shrubbery, yard waste, saltwater driftwood, and other vegetative material;

(9) Chemicals;

(10) Hazardous waste; and

(11) Manure.

C. Any outdoor solid-fuel-burning furnace shall be located a minimum of 150 feet from any property line.

D. The minimum chimney height of any outdoor solid-fuel-burning furnace shall be 20 feet. If there are any residences or other buildings or structures that are regularly occupied (such as schools, offices and the like) within 600 feet or closer, the chimney shall extend at least five feet above the height of the roofs of such residences or buildings.

E. An outdoor solid-fuel-burning furnace shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structures on the same lot on which it is located.

F. There shall be a maximum of one outdoor solid-fuel-burning furnace for a single parcel or for adjacent parcels held in common ownership.

G. No signage or any forms of advertising shall be utilized or attached to an outdoor solid-fuel-burning furnace.

H. Each outdoor solid-fuel-burning furnace shall have an orange hang tag that signifies that it meets the Environmental Protection Agency's (EPA) standards for Phase 1 air emission levels of 0.60 pound of fine particulates per million Btu heat input and qualifies for the EPA's voluntary program, as well as any amendments or modifications made hereafter.

I. All outdoor solid-fuel-burning furnaces shall be installed, operated and maintained in strict compliance with the manufacturers' instructions and/or guidelines. In the event that a conflict arises between the manufacturer's instructions and/or guidelines and the regulations contained herein, the stricter shall apply.

J. In the event that an outdoor solid-fuel-burning furnace is damaged by more than 50% or it is physically deteriorated or decayed, said furnace must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Township of Upper Hanover. In the event of replacement, all provisions of this chapter shall be complied with.

§ 500-840 Campgrounds.

[Added 11-10-2009 by Ord. No. 2009-08]

Campgrounds shall be as permitted and regulated in Article XXVII and shall also be in compliance with the requirements of this section.

A. Campgrounds shall be allowed only on a lot of a minimum of 25 acres (gross lot area). Campgrounds may be allowed on the same lot as another recreational use, as long as it can be shown, by means of a land development plan, that the uses are designed such that subdivision could be accomplished in compliance with all applicable zoning requirements.

B. Campsites shall be set back a minimum of 100 feet from the ultimate right-of-way line of any public street and a minimum of 150 feet from all other property lines.

C. The total number of campsites shall be limited to 10 per acre of developable lot area regardless of the type of camping unit, and a minimum of 3,000 square feet shall be available for each individual campsite. The maximum number of campsites determined at the above rate is not guaranteed and may not be achievable depending on the configuration of the existing lot, the location of existing features, the applicant's choice of accessory uses and layout, and other factors.

D. Each campsite shall contain a generally level and well-drained parking space measuring no less than 10 feet by 20 feet, or an equivalent number of spaces shall be provided in a common parking area.

E. Every campground shall have an internal road system designed as follows:

(1) The minimum width shall be 20 feet for two-way traffic (12 feet for one-way traffic).

(2) Sidewalk and curb are not required.

(3) Roads are not required to be paved, but the construction must be such that the surface shall remain mud- and dust-free.

(4) Alignment of the internal road system shall be in accordance with "Alignment of Streets and Driveways" contained in the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See § 425-408 of Ch. 425, Subdivision and Land Development.

(5) Final design and construction of the internal road system must be determined acceptable by the Township Engineer.

F. Each campsite must have direct access to the internal road system.

G. Common parking areas shall comply with the standards of the Upper Hanover Township Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 425, Subdivision and Land Development.

H. Campgrounds shall have primary vehicular access to a minor collector street or a street of higher classification, except that campgrounds containing 100 or more campsites shall have primary vehicular access to a major collector street or a street of higher classification.

I. The campground may dedicate space/area to active and passive recreational facilities which shall be clearly incidental and accessory to the campground. All such facilities shall be for the use of guests of the campground only. Active recreational facilities shall be subject to the criteria in § 500-2704H herein, while passive recreational facilities shall be set back a minimum of 25 feet from property lines and the ultimate right-of-way of public streets.

J. All structures containing accessory uses such as retail stores, maintenance buildings, offices, and storage shall be for guests only and shall be clearly incidental and accessory to the campground use. Access to parking provided for any such structure shall be from the internal road system only.

K. There shall be a maximum of one recreational vehicle per campsite.

L. Campgrounds shall be seasonal with the maximum season extending from March 1 until December 1 of each year.

M. Season-long occupancy of any portion of the campground is prohibited by any guest. A guest shall not occupy any campsite for more than nine consecutive weeks. After occupancy in any campsite in the campground for nine consecutive weeks, a guest shall not occupy any campsite for more than three nights in any one week for a period of four consecutive weeks. The owner of the campground shall maintain a daily registration list in the office. Such list shall indicate the guest of the campground for every night and shall be made available to the Board of Supervisors or any person authorized by them. The owner shall retain each registration list for a period of one year.

N. Signs associated with the campground shall not be internally illuminated. Signs related to accessory uses shall be internal to the campground; that is, they shall not be located within 100 feet of an ultimate right-of-way of any public street.

§ 500-841 Residential solar energy systems.

[Added 3-12-2019 by Ord. No. 2019-04]

Solar energy systems are permitted as an accessory use in all residential zoning districts subject to the following specific criteria:

A. Lot, yard and bulk requirements.

(1) Setback restrictions.

(a) Solar energy system components shall comply with the accessory structure setbacks for the zoning district in which the system is located.

(b) Solar energy system components shall not encroach upon any right-of-way easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone and electrical easements.

(c) Solar energy systems shall not encroach upon any stormwater management facility.

(2) Height restrictions.

(a) Building-mounted solar energy systems shall not exceed the maximum height restriction imposed upon principal and accessory structures and uses within the applicable zoning district. For purposes of height measurement, building-mounted solar energy systems shall be considered equipment or mechanical devices in the zoning district in which the solar energy system is located.

(b) Ground-mounted or freestanding solar energy systems shall not exceed the applicable maximum accessory structure height in the zoning district in which the solar energy system is located.

(3) Impervious coverage.

(a) For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters and solar hot air or water collector devices, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panel, arrays and solar hot air or water collector devices.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Design and installation requirements, was repealed 6-14-2022 by Ord. No. 2022-02. This ordinance also provided that, to the extent that the International Residential Code is interpreted as including any lot, yard or bulk provisions, then as between § 500-841A and the relevant provision of the IRC, the more stringent or restrictive provision shall apply.

C. Operation and performance standards.

(1) Solar energy systems shall be operated in compliance with all federal, state and local laws and regulations.

(2) Solar energy systems shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights, or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment provided such information complies with applicable sign regulations.