Township of Chestnuthill, PA Additional Requirements for Specific Uses

Editor's Note: Former Subsection A(1), Adult uses, was repealed 5-1-2014 by Ord. No. 2014-01.

(2)

Adult day-care center. See § 119-40A(16).

[Amended 5-1-2014 by Ord. No. 2014-01]

(3)

After-hours club. As a condition of any approval under this chapter, the applicant shall prove full compliance with State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania statutes).[2]

Editor's Note: See 18 Pa.C.S.A. § 7327.

(4)

Animal cemetery. See § 119-40A(13).

[Amended 5-1-2014 by Ord. No. 2014-01]

(5)

Assisted living facility/personal care home. A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

[Amended 5-1-2014 by Ord. No. 2014-01]

(6)

Vehicle and equipment sales (including mobile homes).

[Amended 5-1-2014 by Ord. No. 2014-01]

No vehicle, equipment or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 119-71D.

See light and glare standards in § 119-48.

See parking requirements in § 119-76.

[Amended 4-23-2015 by Ord. No. 2015-04]

Any mobile homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

(7)

Vehicle and equipment repair.

[Amended 5-1-2014 by Ord. No. 2014-01]

All activities except those to be performed at the fuel or air pumps shall be performed within a building.

Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet principal building side setback requirements.

Fuel pump and any other similar canopies shall have pitched roofs, either gable or single slant. Canopy ceilings shall maintain a pitch of at least 12:1 or steeper. The lighting shall be from luminaires recessed into the ceilings of said canopies, so that the lighting elements are not visible from or beyond the lot lines. Lighting shall comply with § 119-48.

All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 119-71D.

Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exists.

Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.

(8)

(Reserved)[3]

Editor's Note: Former Subsection A(8), Auto service station, was repealed 5-1-2014 by Ord. No. 2014-01.

(9)

Bed-and-breakfast inn.

Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.

One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.

There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.

The use shall have a residential appearance and character.

The use shall be operated and/or managed by permanent residents of the lot.

There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

No guest shall stay for more than 14 days in any month.

The use shall be restricted to buildings that existed prior to January 1, 1940.

(10)

Boardinghouse (includes rooming house).

Minimum lot area: two acres.

Minimum side building setback: 30 feet side.

[Amended 4-23-2015 by Ord. No. 2015-04]

Minimum lot width: 200 feet.

Maximum density: six bedrooms per acre; shall serve a maximum total of 20 persons.

Each bedroom shall be limited to two adults each.

A buffer yard with screening meeting § 119-71 shall be provided between any boardinghouse building and any abutting dwelling.

See also standards for assisted living facility, which is a separate use.

Signs shall be limited to two wall signs with a maximum of two square feet each.

Rooms shall be rented for a minimum period of five consecutive days.

(11)

Campground or recreational vehicle park.

[Amended 5-1-2014 by Ord. No. 2014-01]

For each acre of total lot area, there shall be a maximum average of three recreational vehicle sites or four tent sites. Such sites may be clustered in portions of the tract.

Any store shall be limited to sales of common household and camping items to persons camping on the site.

A commercial campground shall include at least one gravel or paved entrance road from a public street, with a minimum width of 20 feet. The first 100 feet of the campground road from the public street cartway shall be paved.

Minimum lot area: five acres in a commercial or industrial district, 30 acres in any other district where the use is permitted under Article III.

All campsites, recreational vehicle sites, buildings and vehicle parking shall be set back a minimum of 150 feet from all residential lot lines. Any existing healthy trees within such setback shall be preserved, except at needed perpendicular entrance road and utility crossings.

No campsites or buildings shall be located on slopes over 15% slope.

Maximum impervious coverage: 10%.

At least one gravel or paved entrance road shall be provided from a public street, with a minimum width of 20 feet.

No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family.

(12)

Car or truck wash.

[Amended 5-1-2014 by Ord. No. 2014-01]

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Water from the car or truck wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

Any car or truck wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

No portion of a car or truck wash shall be located within 100 feet from the center line of a perennial waterway.

(13)

Cemetery.

Minimum lot area: two acres, which may on the same lot as an allowed place of worship.

A crematorium, where allowed, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

All structures and graves shall be set back a minimum of 30 feet from the lot line of an abutting dwelling or any undeveloped residentially zoned lot, 20 feet from the future right-of-way of any public street and 10 feet from the cartway of an internal driveway or any other lot line.

No grave sites shall be located within the one-hundred-year floodplain.

The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.

(14)

Wireless communications facilities.

[Amended 2-7-2006 by Ord. No. 2006-03; 3-16-2021 by Ord. No. 2021-02]

General and specific requirements for non-tower wireless communications facilities.

The following regulations shall apply to all non-tower WCF that do not meet the definition of a small WCF:

Permitted in all zones subject to regulations. Non-tower WCF are permitted by right outside of the public rights-of-way in all zones subject to the restrictions and conditions prescribed by this § 119-40A(14)(a) and generally applicable permitting by the Township.

Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind and ice. All non-tower WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[j]

Financial security. Prior to receipt of a zoning permit for the construction or placement of a non-tower WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the non-tower WCF. Said financial security shall remain in place until the tower-based WCF is removed.

[k]

Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

[l]

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, liabilities, losses, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[m]

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

All maintenance activities shall conform to industry maintenance standards.

[n]

Timing of approval.

Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

Within 60 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that complies with the requirements of the Township Building Code and does not substantially change the wireless support structure to which it is attached, the Township Building Code Official shall issue the required building permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.

In addition to the requirements in § 119-40A(14)(a) above, the following regulations shall apply to all non-tower WCF that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 119-40A(14).

Small WCF exemption. Non-tower WCFs that meet the definition of a small wcf shall be exempt from the requirements of this § 119-40A(14)(a)[2]. Such small WCF shall be subject only to applicable permitting and the requirements of § 119-40A(14)(c).

Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.

Historic buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Township Fee Schedule and shall comply with the applicable requirements of the FCC.

Development regulations.

In a district other than a commercial or industrial district, a non-tower WCF shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The non-tower WCF shall be attached to one of the following existing lawful structures:

A principal agricultural building or silo;

An electric high-voltage transmission tower;

An existing wireless communications facilities tower;

A fire station or steeple or bell tower of a place of worship; or

A water tower.

In a commercial or industrial district, the non-tower WCF shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the non-tower WCF is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot. The non-tower WCF may be attached to any existing lawful structures in accordance with the requirements of this chapter.

All non-tower WCF applicants must submit documentation to the Township justifying the total height of the WCF.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Design. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.

Removal, replacement and substantial change.

The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.

Any substantial change to a WCF shall require notice to be provided to the Township Zoning Director, and possible supplemental permit approval as determined by the Township Zoning Director.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in this § 119-40A(14)(A), the following regulations shall apply to non-tower WCF located in the public rights-of-way:

Location. Non-tower WCF in the ROW shall be co-located on existing wireless support structures.

Design requirements:

WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Except in the case of co-locations, no non-tower WCF shall be located within 500 feet of any existing WCF to the extent technically feasible. If a non-tower WCF is proposed for location within 500 feet of an existing WCF, the WCF applicant shall present documentation to the Township Board of Supervisors justifying the necessity of such location.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Equipment location. Ground-mounted accessory equipment shall be located underground or, if undergrounding is demonstrated to be unfeasible, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township Board of Supervisors. In addition:

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot.

Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township Board of Supervisors. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the satisfaction of the Township Board of Supervisors. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township Board of Supervisors.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township Board of Supervisors. The WCF owner shall be solely responsible for this requirement.

Any graffiti on any accessory equipment shall be removed within 30 days upon notification by the Township at the sole expense of the owner.

Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township Board of Supervisors.

Accessory equipment attached to the wireless support structure shall have a minimum of eight feet of vertical clearance above finished grade.

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Reimbursement for ROW use. In addition to permit fees as described in this section, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

General and specific requirements for tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.

Special exception authorization required. Tower-based WCF are permitted by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 119-40A(14)(b).

Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board along with the list of return receipts received.

Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Township Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF applicant demonstrates that the WCF is being proposed to densify an existing wireless network, introduce new services or otherwise improve service capabilities.

The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Township Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.

Prior to the issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception hearing or at a minimum be made a condition attached to any special exception approval given such that the certification must be provided prior to issuance of any zoning or building permits.

Application for new tower-based WCF.

An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Township Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

{1}	The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
{2}	The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
{3}	Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
{4}	A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

The Zoning Hearing Board may require that an applicant reimburse the Township a maximum amount of $1,000 to conduct an independent professional review of the WCF applicant's evidence.

The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

Emergency communications. A tower-based WCF that serves emergency communications by a Township-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such tower-based WCF may also serve commercial purposes.

Development regulations.

Tower-based WCF shall not be located in or within 50 feet of an area in which all utilities are located underground unless the WCF applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.

Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the requirements of this chapter:

VC Village Commercial/Residential District.

GC General Commercial District.

LIC Light Industrial/Commercial District.

GI General Industrial District.

BP Business Park Overlay District.

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

Design regulations.

Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 200 feet in commercial or industrial zoning districts and 150 feet in all other zoning districts in which they are allowed. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.

Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted brown or another color approved by Zoning Hearing Board or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height or the applicable principal building setback, whichever is greater, unless the applicant shows to the satisfaction of the Township Zoning Hearing Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the Township Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

If a tower-based WCF site is within 150 feet of the center line of a perennial creek, then natural gas or propane is recommended for any emergency or backup power source as an alternative to battery- and/or gasoline-powered generators.

If a tower-based WCF is proposed within one mile of the Appalachian Trail, a letter shall be sent by the WCF applicant to the Appalachian Trail Conference notifying the Conference of the proposed tower-based WCF at least 10 days before any public hearing on the application.

Fence/screen.

A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires or any building housing WCF equipment.

A screen consisting of a hedge planted three feet on center maximum or consisting of evergreen trees each at least four feet in height and planted 10 feet on center maximum, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.

Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna(s) space on the tower-based WCF outside of the public ROW.

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township Zoning Hearing Board with a written commitment that it will allow at least two other service providers to co-locate antennaes on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 119-40A(14).

[j]

[k]

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

[l]

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with this chapter and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[m]

Wind and ice. Any tower-based WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).

[n]

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[o]

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and utilize industry standard technology for preventing failures and accidents.

[p]

Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[q]

Signs. All tower-based WCFs shall have a sign posted in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

[r]

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

[s]

Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[t]

Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.

[u]

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township Zoning Director, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township Zoning Hearing Board shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

Nonconforming uses. Any nonconforming tower-based WCF which is hereafter damaged or destroyed due to any reason or cause may be repaired and restored at its former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.

[w]

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF or pole facility previously removed.

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule and shall comply with the applicable requirements of the FCC.

[y]

Insurance. Each person that owns or operates a tower-based WCF shall provide the Township Zoning Director with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

[z]

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, settlements, liabilities, losses, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[aa]

Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

Location and development standards.

Small WCF are permitted by administrative approval from the Township Zoning Director in all Township zoning districts, subject to the requirements of this § 119-40A(14)(c) and generally applicable permitting as required by the Township Code.

Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[4] and all Township Code requirements applicable to streets and sidewalks.

Editor's Note: See 42 U.S.C. § 12101 et seq.

Nonconforming wireless support structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. A small WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.

Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

Aviation safety. Small WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. Small WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[9]

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

[10]

Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

[11]

Graffiti. Any graffiti on the small wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.

[12]

Design standards. All small WCF in the Township shall comply with the requirements of the Township small wireless communications facility design manual. A copy of such shall be kept on file at the Township Zoning office.

[13]

Timing of approval.

Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the small WCF applicant, in writing, of such decision.

Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Director shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Director, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.

[14]

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

[15]

Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

(15)

Conversion of an existing building (including an existing dwelling) into dwelling units.

See Article III, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.

The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front setback.

[Amended 4-23-2015 by Ord. No. 2015-04]

A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.

Dumpster screening: see § 119-74.

The number of dwelling units permitted shall be based on the applicable unit density requirements for the zoning district of location.

[Amended 5-1-2014 by Ord. No. 2014-01]

Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of § 119-69C.

(16)

Day-care center, child.

See also "day-care: family day-care home or group day-care" as an accessory use in § 119-41.

The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.

Convenient parking spaces within the requirements of § 119-76 shall be provided for persons delivering and waiting for children.

[Amended 4-23-2015 by Ord. No. 2015-04]

In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of one acre and a minimum setback of 20 feet from an abutting residential lot line.

The use shall include secure fencing around outdoor play areas.

Outdoor play areas of a day-care center involving the care of 25 or more children at any one time shall be set back a minimum of 25 feet from the exterior walls of an abutting existing dwelling.

This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

See also the standards for a place of worship in this section, which allows a day-care center as an adjunct use.

(17)

Forestry.

The following shall apply to commercial forestry involving more than five acres in any calendar year, other than routine thinning of woods:

A forestry management plan shall be prepared, submitted to the Zoning Officer and followed. This plan shall be prepared by a professional forester. The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

The forestry management plan shall include an appropriate method to ensure reforestation, except for areas that have received development approval.

An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.

Clear cutting shall be prohibited on areas greater than two acres, except as is necessary as part of an approved development. A minimum of 20% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed.

A sawmill shall be an allowed accessory use to a forestry operation.

(18)

Functional families.

[Amended 5-1-2014 by Ord. No. 2014-01]

Purpose. This § 119-40A(18) is to provide for the regulation of functional families that may request to reside in a dwelling unit and to prohibit larger groups of unrelated persons from residing in dwelling units. Larger groups of unrelated persons have been frequently shown to have a detrimental effect on residential neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to the neighborhood.

Special exception; standards. The Zoning Hearing Board shall consider each application for a functional family as a special exception in accord with the applicable standards of this chapter and, among others, the following considerations:

The proposed occupants:

Share a strong bond or commitment to a single purpose (e.g., religious orders);

Are not legally dependent on others not part of the functional family;

Can establish legal domicile as defined by Pennsylvania law;

Share costs of food, rent or ownership, utilities and other household expenses;

Prepare food and eat together regularly;

Share in the work to maintain the premises;

Legally share in the ownership or possession of the premises; and

Share the entire dwelling unit or act as separate roomers.

Whether the household has stability akin to a permanent family. The criteria used to make this determination shall include, among others, the following:

The length of stay together among the occupants in the current dwelling unit or other dwelling units;

The presence of minor, dependent children regularly residing in the household;

Whether the household is a temporary living arrangement or a framework for transient living; and

Whether the composition of the household changes from year to year or within the year.

Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

Conditions. The Zoning Hearing Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this chapter will be observed.

(19)

Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:

See definition in § 119-21.

A group home shall not include any use meeting the definition of a treatment center.

A group home shall include the housing of a maximum of six unrelated persons, except:

If a more restrictive requirement is established by another Township code;

The number of bona fide paid professional staff shall not count towards such maximum; and

As may be approved by the Zoning Hearing Board under § 119-12D.

The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.

The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.

The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.

Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.

Parking: see § 119-76.

[Amended 4-23-2015 by Ord. No. 2015-04]

If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

The persons living on site shall function as a common household unit.

(20)

Hotel or motel.

See definitions in Article II, which distinguish a hotel/motel from a boardinghouse.

Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any residential lot line.

(21)

Junkyard (includes automobile salvage yard).

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.

Outdoor storage of junk shall be at least:

One hundred feet from any residential lot line; and

Fifty feet from any other lot line and the existing right-of-way of any public street.

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 119-71, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration is prohibited.

See the noise or dust regulations of Article V.

All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

Lot area: two acres minimum; 20 acres maximum.

Tires: see the outdoor storage and display standards in § 119-41.

Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway, and shall be kept out of a drainage swale.

(22)

Kennel. Kennels are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming kennels in Chestnuthill Township shall be subject to the following requirements:

[Amended 5-1-2014 by Ord. No. 2014-01]

All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

See state law regulating kennels.

Minimum lot area: six acres.

(23)

Animal husbandry, commercial.

[Amended 5-1-2014 by Ord. No. 2014-01]

Minimum lot area: five acres.

Any structure or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of 300 feet from any lot line of an existing dwelling and 100 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative.

The setbacks from property lines shall not apply from dwellings or residential lots owned by the operator or owner of the livestock use, or affected property owners providing a written notarized letter waiving such setback.

Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

The keeping of minks or garbage-fed pigs shall be set back a minimum of 600 feet from all lot lines. For any garbage-fed pigs, the applicant shall provide a written statement of the methods to be used to control odors, pests, rodents and health hazards.

For any new or expanded operation regulated under the Pennsylvania Agricultural Code (3 Pa.C.S.A. § 501 et seq.), the applicant shall provide evidence to the Township that the nutrient management plan and other requirements of the Act and accompanying regulations are being complied with.

New or expanded manure storage facilities or structures or concentrated feeding areas used for the keeping of livestock or poultry shall:

Not be located within the one-hundred-year floodplain;

Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir;

Not be located within 100 feet of a private water well or open sinkhole;

Not be located within 100 feet of an active public drinking well or an active intake for a public water supply.

New or expanded manure storage facilities shall not be located within 200 feet of a property line.

The maximum building coverage shall be 10%, unless a more-restrictive requirement applies under another section.

See also the regulations of § 119-28.

(27)

Mobile home park.

[Amended 5-1-2014 by Ord. No. 2014-01]

Plans and permits. Plans shall be submitted and reviewed by the Township for all mobile home parks in compliance with the mobile home park provisions of Chapter 98, Subdivision and Land Development, and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section). Where this chapter and Chapter 98, Subdivision and Land Development, both regulate the same matter concerning a mobile home park, and the sections conflict, then the provisions of this chapter shall apply concerning that matter.

The minimum tract area shall be five contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park. The tract shall have a minimum width at the minimum building setback line of 200 feet. Two abutting lots may be merged together to form a single mobile home park.

Density. The maximum average overall density shall be three dwelling units per acre. See § 119-34 which provides a method to increase this density.

To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 15% shall not be included.

Phases. If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions outward of an existing park shall meet all provisions of this and other applicable ordinances.

Landscaped perimeter. Each mobile home park shall include a twenty-five-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.

A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.

Each home shall comply with the above requirements for mobile homes in this § 119-40.

Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.

Common open space for a mobile home park. A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement. Areas with a width of less than 50 feet shall not count towards this requirement, except in the perimeter buffer yard. This requirement shall be in place of any requirement for recreation land or fees under Chapter 98, Subdivision and Land Development.

(k)

Streets.

Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township cartway construction standards.

(l)

Utilities. All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements.

(m)

The following provisions shall apply to mobile home parks that lawfully existed prior to the adoption of this chapter:

The number of dwelling units shall not be increased, except in compliance with all of the provisions of this Subsection A(27).

One or more existing mobile home(s) may be replaced with a different mobile home as a permitted by right use without meeting all of the requirements of this Subsection A(27), provided that all of the following requirements are met:

The perimeter building setbacks of the property shall not be reduced from what previously existed, except as is necessary to accommodate a maximum fourteen-foot-wide, seventy-foot-long dwelling where a more narrow or shorter dwelling previously existed.

The replacement dwelling shall meet all provisions of Subsection A(26) above, and a minimum setback of 15 feet shall be maintained between the enclosed walls of each dwelling unit.

(n)

Where the provisions of this Subsection A(27) directly conflict with the provisions of Chapter 98, Subdivision and Land Development, the provisions of this subsection shall prevail.

(28)

Motor vehicle racetrack. Motor vehicle racetracks are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming motor vehicle racetracks in Chestnuthill Township shall be subject to the following requirements:

[Amended 5-1-2014 by Ord. No. 2014-01]

All areas used for the racing, testing and maintenance of motor vehicles shall be set back a minimum of 400 feet from the lot line of an existing dwelling.

All buildings, parking, loading and unloading areas shall be set back a minimum of 150 feet from the lot line of an existing dwelling.

The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.

Minimum lot area: 50 acres.

(29)

(Reserved)[5]

Editor's Note: Former Subsection A(29), Nursing home, was repealed 5-1-2014 by Ord. No. 2014-01.

(30)

Outdoor storage and display. See this use under § 119-41.

(31)

Picnic grove, private.

All activity areas shall be a minimum of 250 feet of an existing dwelling on another lot. All parking areas shall be set back 100 feet from any residential lot line. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

See noise and glare standards in Article V.

Minimum lot area: 10 acres.

(32)

Place of worship.

Minimum lot area: three acres, except one acre in the VC or GC district.

Weekly religious education rooms and meeting rooms are permitted accessory uses provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.

A maximum of one dwelling unit may be accessory to a place of worship on the same lot. Such dwelling shall only be used to house one family. No other residential use shall be allowed.

If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership. See street classifications under "streets" in § 119-21.

Minimum building setback from a lot line of an existing dwelling in a residential district: 100 feet.

Minimum parking setback from a lot line of an existing dwelling in a residential district: 40 feet.

(33)

Recreation, outdoor commercial (other than publicly owned recreation).

[Amended 5-1-2014 by Ord. No. 2014-01]

Any outdoor activity area shall be located no closer to any lot line than the required front setback depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.

[Amended 4-23-2015 by Ord. No. 2015-04]

A twenty-foot-wide buffer yard in accordance with § 119-71 shall be required.

Any swimming pool shall meet the requirements for such use, as stated in this article.

Lighting, noise and glare control: see Article V.

The minimum lot area shall be 10 acres, unless a more restrictive lot area is established by another section of this chapter.

Maximum impervious coverage in any residential district: 5%.

Maximum building coverage in any nonresidential district: 15%.

A site plan meeting the requirements of Article I shall be submitted to the Township.

Any restaurant, tavern, retail establishment, shooting range, campground, picnic grove, or other recreation use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.

Wherever woods exist adjacent to an exterior lot line of the use, such woods shall be preserved within at least 50 feet of such lot line, except for approved driveway, utility and trail crossings.

(k)

Hours of operation. The use shall be conducted only between the hours of 9:00 a.m. and 10:00 p.m., unless more restrictive hours are established as a condition of any needed approval.

(l)

Any restaurant, tavern, retail store, target range, campground or picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.

(34)

Recycling facility.

[Amended 5-1-2014 by Ord. No. 2014-01]

This use shall not be bound by the requirements of a solid waste disposal facility.

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

A twenty-foot-wide buffer yard with screening as described in § 119-71 shall be provided between this use and any abutting residential lot line.

This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

(35)

Residential conversions. See "conversions of an existing building" within this section.

(36)

Restaurant or tavern.

[Amended 5-1-2014 by Ord. No. 2014-01]

Screening of dumpster and waste containers: see § 119-74.

See "drive-in" service in § 119-41.

Drive-in service shall only be provided where specifically permitted in the applicable district regulations.

(37)

School, public or private, primary or secondary.

Minimum lot area: three acres.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

The use shall not include a dormitory unless specifically permitted in the district.

(38)

Self-storage facility.

[Amended 5-1-2014 by Ord. No. 2014-01]

All storage units shall be of fire-resistant construction.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

See § 119-71 concerning buffer yards. In addition, any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting § 119-71. Any fencing shall be placed on the inside of the plantings.

Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.

(39)

Solid waste transfer facility, solid waste landfill or solid waste-to-energy facility: see definition in Article II. Solid waste transfer facilities, solid waste landfills or solid waste-to-energy facilities are considered regional uses permitted only in certain districts in the Planning Region in accord with § 119-27E and are not permitted in Chestnuthill Township. Changes and expansions of nonconforming solid waste transfer facilities, solid waste landfills or solid waste-to-energy facilities in Chestnuthill Township shall be subject to the following requirements:

[Amended 5-1-2014 by Ord. No. 2014-01]

All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.

All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.

The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

No burning or incineration shall occur, except within an approved waste-to-energy facility.

The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.

Open dumps and open burning of refuse are prohibited.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.

A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

(k)

Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

(l)

Attendant. An attendant shall be present during all periods of operation or dumping.

(m)

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

(n)

Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

(o)

Under authority granted to the Township under Act 101 of 1988,[6] the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

Editor's Note: See 53 P.S. § 4000.101 et seq.

(p)

Tires. See "outdoor storage and display" in § 119-41.

(q)

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

(r)

Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

(s)

The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.

(t)

State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PADEP at the same time as they are submitted to DEP.

(u)

All loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

(40)

Stable, commercial (includes riding academies; see also "keeping of pets" in § 119-41).

[Amended 5-1-2014 by Ord. No. 2014-01]

Minimum lot area: two acres for first two horses, plus 1/2 acre for each horse over two.

Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 250 feet from any residential lot line. Any corral or fenced-in area shall be set back a minimum of 50 feet from any residential lot line.

Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway.

(41)

Swimming pool, commercial.

[Amended 5-1-2014 by Ord. No. 2014-01]

The water surface shall be set back at least 50 feet from any existing dwelling.

Minimum lot area: one acre.

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 119-71.

The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.

(42)

Shooting range, outdoor commercial.

[Amended 5-1-2014 by Ord. No. 2014-01]

All commercial outdoor shooting ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.

The design of the range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Board of Supervisors may consider such guidelines to be the generally accepted standard for the safety of these facilities.

The range and any firing stations shall be located a minimum of 250 feet from any residential lot line. Clay pigeon shooting shall be directed away from homes and streets.

The range shall be properly posted. The Board of Supervisors may require fencing as necessary.

The applicant shall provide evidence that the noise limits of Article V will be met.

The range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.

The range shall only be used for types of firearms or other weapons for which it was specifically designed. Automatic weapons shall not be used.

The range shall not be used during nighttime hours. Maximum hours and days of operation may be established as a condition of the zoning approval.

Minimum lot area for a commercial outdoor shooting range: 10 acres, unless a more-restrictive provision is established by another provision of this chapter.

See § 119-71. Wherever woods exist adjacent to an exterior lot line of a proposed range, such woods shall be preserved within at least 100 feet of each such lot line, except for approved driveway, utility and trail crossings.

(43)

Townhouses and apartments.

[Amended 5-1-2014 by Ord. No. 2014-01]

Maximum number of townhouses attached in any manner: eight.

Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

Common open space. A minimum of 20% of the total lot area of the development shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 98, Subdivision and Land Development.

(44)

(Reserved)[7]

Editor's Note: Former Subsection A(44), Treatment centers, was repealed 5-1-2014 by Ord. No. 2014-01.

(45)

Veterinarian clinic and veterinarian clinic, outdoor facilities.

[Amended 5-1-2014 by Ord. No. 2014-01]

Minimum lot area: one acre.

Any structure in which animals are treated or housed shall be a minimum of 50 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

In the case of veterinarian clinics with outdoor facilities, outdoor runs for small animals shall be permitted for use between 8:00 a.m. and 8:00 p.m., provided that the runs for dogs are separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking. All outdoor facilities shall be at least 150 feet from any existing dwelling.

Although animals may be kept as an accessory use, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

(46)

Additional requirements for land development in the GC General Commercial District.

[Added 5-1-2014 by Ord. No. 2014-01]

General provisions.

Applicability. This § 119-40A(46) applies to all land development in the GC District.

Authority. In addition to the authority granted by Article VI of the Pennsylvania Municipalities Planning Code, as amended, this section is adopted pursuant to Article VII-A of said code, which authorizes traditional neighborhood development.

Intent.

This section addresses the physical relationship between commercial development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.

The general intent of this section is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner to provide efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to the regional road system.

More specifically, commercial development shall:

Create safe and efficient pedestrian and vehicular circulation patterns;

Protect existing residential areas from incompatible land uses;

Result in well-planned and well-designed development in scale and character with the setting;

Minimize the conflict between nonresidential and residential uses;

Manage access along the Township's commercial road frontages;

Enhance streetscapes along road corridors and monitor and control signs;

Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;

Accommodate planned interconnected Township and regional open space within commercial areas;

[ix]

Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and

Protect property values.

Standards.

Density, area and bulk regulations.

Density shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of the Township Subdivision and Land Development Ordinance.[8]

Editor's Note: See Ch. 98, Subdivision and Land Development.

In the case of conflict between this § 119-40A(46) and the other requirements of this chapter or the Subdivision and Land Development Ordinance, the standards in this § 119-40A(46) shall apply.

Large-scale retail/commercial uses in the GC District shall comply with the standards in § 119-40A(48).

Height.

The minimum building height shall be 1.5 stories, and the maximum building height shall be two stories not to exceed 30 feet, excluding parapet walls.

The minimum upper-story height shall be nine feet, and the maximum upper story height shall be 14 feet, measured from finished floor to ceiling. In the case of a pitched interior ceiling, the measurement may be made to the highest point.

Traffic design. Commercial land developments shall comply with the design standards in § 98-76.1B.

Common open space. Common open space shall be provided in accord with the recreation land dedication requirements in § 98-60. As an alternative, the Township may require a fee in lieu of dedication in accord with § 98-60E.

The common open spaces shall include pedestrian amenities such as outdoor seating, fountains, planting, patios, plazas and gathering places for use by employees, customers and visitors to the development. Each common open space shall have a minimum depth and width of 10 feet and a minimum total area of 300 square feet.

Areas not credited. Lands within the following areas shall not be counted towards private common open space or pedestrian amenities required by this section:

Private yards;

Landscaping and screening otherwise required by this chapter and Chapter 98;

Public or private roads or rights-of-way;

Parking areas and driveways; and

Water quality and stormwater detention ponds.

Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.

Outdoor display areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.

Outdoor storage areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by § 119-71D.

Outdoor sales areas.

Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.

Outdoor sales areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building.

If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.

Landscaping. Landscaping, to include street trees, parking lot landscaping, buffering and screening, shall be provided as required herein and by § 119-71D and § 98-71.

Screening.

Mechanical equipment.

All ground-mounted and wall-mounted mechanical equipment and any permitted outdoor storage shall be fully screened from on-site and off-site ground-level views, with materials identical to or of equal quality to those used on the building exterior.

All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from adjoining properties and public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.

Loading docks. Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 119-71D and § 98-71 of the Subdivision and Land Development Ordinance.

Dumpsters, refuse containers and other solid waste collection, storage, and conveyance facilities shall, in addition to the requirements of § 119-74, be screened in accord with § 119-71D.

Pedestrian and bicycle facilities. The land development shall provide for safe pedestrian and bicycle access as set forth in § 98-76.1B.

(47)

Additional requirements for development in the VC Village Commercial/Residential District.

[Added 5-1-2014 by Ord. No. 2014-01]

General provisions.

Applicability. This § 119-40A(47) applies to all land development in the VC District.

Intent.

This section addresses land development in the Township's Village Commercial/Residential Zoning District, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.

The general intent of this section is to promote sustainable business development by providing for mixed-use village development which allows a range of complementary residential, commercial and civic uses.

More specifically, development in the Village Commercial District shall:

Promote traditional village building and site development patterns with an interconnected and generally rectilinear pattern of streets and blocks, providing for a balanced mix of pedestrians and automobiles;

Create safe and efficient pedestrian and vehicular circulation patterns;

Protect existing residential areas from incompatible land uses;

Encourage economic development while encouraging the traditional main street environment;

Encourage the rehabilitation and adaptive reuse of historic structures in accord with the Chestnuthill Township Comprehensive Plan;

Manage access along the Township's commercial road frontages;

Promote residential uses in upper stories;

Provide for the extension of existing and future planned vehicular, pedestrian and bicycle systems through commercial areas in the Township;

[ix]

Accommodate planned interconnected Township and regional open space within commercial areas;

Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and

[xi]

Protect property values.

Standards.

Density, area and bulk regulations.

Density shall be determined by meeting all standards herein, as well as all requirements of 119 Attachment 3, Table of Area, Setback and Building Requirements, and the applicable requirements of Chapter 98.

In the case of conflict between this § 119-40A(47) and the other requirements of this chapter or Chapter 98, the more-restrictive standard shall apply.

Height.

The minimum building height shall be 1.5 stories, and the maximum building height shall be three stories not to exceed 40 feet, excluding parapet walls.

The minimum first-story height shall be 10 feet, and the maximum first-story height shall be 15 feet, as measured from finished floor to ceiling.

The minimum upper-story height shall be nine feet, and the maximum upper-story height shall be 14 feet, measured from finished floor to ceiling. In the case of a pitched interior ceiling, the measurement may be made to the highest point.

Incentive for providing upper-story uses. Applicants who provide upper-story uses shall receive a 50% reduction in parking requirements for the usable square footage of the upper story.

Traffic design. The design of vehicular and pedestrian traffic systems shall be in accord with § 98-76.1B.

Greening elements. Land development in the VC District shall be exempt from the recreation land dedication requirements in § 98-60 of the Township Subdivision and Land Development Ordinance; provided that for each parcel subject to subdivision and/or land development approval, applicants provide one of the following greening elements, selected from § 119-40A(47)(b)[3][a] through [d] below:

Common open space. An applicant may provide one common open space in the form of a plaza, outdoor seating or dining area, village green, etc.

Area requirement. Common open space shall have a minimum depth and width of 10 feet and a minimum total area of 300 square feet for each parcel subject to land development. For tracts over one acre, an additional 300 square feet of common open space shall be provided per 15,000 square feet of tract area. The common open space shall include pedestrian amenities such as outdoor seating, fountains, planting, patios, plazas and gathering places for use by employees, customers and visitors to the development.

Areas not credited. Lands within the following areas shall not be counted towards private common open space or pedestrian amenities required by this section:

Private yards;

Landscaping and screening otherwise required by this chapter and Chapter 98;

Public or private roads or rights-of-way;

Parking areas and driveways; and

Water quality and stormwater detention ponds.

Greenway and trail connections. Where an existing or planned public trail or open space adjoins the parcel, as identified on the Chestnuthill Township Official Map, an applicant may meet the requirements of this section by continuing an existing trail or greenway across the parcel.

Streetscape amenities. An applicant may provide any three features from the following:

Window box or boxes: provided along ground-floor windows for a minimum length of 48 inches. The planting area within the window box shall be a minimum of six inches deep, vertically and horizontally, and shall be planted with shrubs, groundcovers or flowers.

Window box or boxes: same as above, but provided along upper-story windows.

Additional planting area: trees, shrubs, groundcover and flowers, planted within an area 40 square feet or greater. Such planting shall be in addition to landscaping and buffering required in this chapter and in the Subdivision and Land Development Ordinance.

Street planter: two planters, minimum size of 24 inches in diameter, and plantings.

Bench: minimum five feet in length.

Public art: public art, in the form of a sculpture or mural, visible from the principal street.

Water feature: an outdoor fountain or waterfall, visible from the principal street.

Bicycle parking: parking racks for bicycles at the rate of three bicycle spaces per 50 vehicle parking spaces; or three bicycle spaces per parcel, whichever is greater.

Green roof: a green roof, covering at least 30% of the surface area of the roof of the principal structure.

Building design standards. Any building facade in a land development, visible from a public street, shall demonstrate compliance with the building design standards in § 98-76.1D.

Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.

Outdoor sales areas.

Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.

If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.

Exterior lighting. Lighting shall comply with the standards in § 119-48.

Landscaping. Development in the VC District shall provide landscaping in the form of street trees and parking lot landscaping and, when required, buffering and screening. Landscaping shall meet the requirements of § 98-71 and § 119-71.

Parking. In addition to the landscaping and screening requirements for parking lots in § 119-40A(47)(f), parking shall meet the requirements of § 119-76.

[Amended 4-23-2015 by Ord. No. 2015-04]

Screening.

Mechanical equipment.

All rooftop mechanical equipment shall be screened by parapet walls, upper stories, or other areas of exterior walls or roofs to not be visible from adjoining properties and public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.

Loading docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Landscaping shall meet the requirements of § 98-71B(3)(c)[2].

Solid waste. Dumpsters, refuse containers and other solid waste collection, storage, and conveyance facilities shall, in addition to the requirements of § 119-74, be screened in accord with § 98-71B(3)(c)[2].

Signs. All signs shall comply with the regulations in Article VII of the Township Zoning Ordinance.

Pedestrian and bicycle facilities. The land development shall provide for safe pedestrian and bicycle access as set forth in § 98-76.1B.

(48)

Additional requirements for large-scale retail/commercial land development.

[Added 5-1-2014 by Ord. No. 2014-01]

General provisions.

Applicability. This § 119-40A(48) applies to all large-scale retail/commercial land development in the GC and LIC Districts.

Intent.

This section addresses the physical relationship between large-scale retail/commercial land development and adjacent properties, public roads, neighborhoods, and natural features, in order to implement Chestnuthill Township's vision for an attractive, efficient, and livable community as described in the Chestnuthill Township Comprehensive Plan.

The general intent of this section is to promote sustainable business development by providing and requiring a unified and organized arrangement of buildings, signs, service and parking areas, together with adequate off-street circulation among neighboring businesses and harmoniously landscaped open space, planned and designed as an integrated unit, and in a manner so as to provide efficient, safe, convenient and attractive shopping and service areas in an area of the Township accessible to a regional road system.

More specifically, large-scale retail/commercial development shall:

Create safe, efficient and separate pedestrian and vehicular circulation patterns;

Protect existing residential areas from incompatible land uses;

Result in well-planned and well-designed development in scale and character with the setting;

Minimize the conflict between nonresidential and residential uses;

Manage access along the Township's commercial road frontages;

Enhance streetscapes along road corridors and monitor and control billboards and other large signs;

Provide for the extension of existing and future planned pedestrian and bicycle systems through commercial areas in the Township;

Accommodate planned interconnected Township and regional open space within commercial areas;

[ix]

Protect large trees and other natural resources in accord with § 98-31, Conservation design process; and

Protect property values.

In the case of conflict between this § 119-40A(48) and the other requirements of this chapter or Chapter 98, the more-restrictive standard shall apply.

Land development standards.

Intensity of development, area and bulk regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of the Township Subdivision and Land Development Ordinance.

Traffic design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in § 98-76.1B.

Pad sites as part of large-scale retail/commercial development. For pad site buildings located within 150 feet of a perimeter road of any classification, parking and aboveground utilities, including mechanical equipment and trash collection areas, shall be prohibited between the building and the road, but driving aisles shall be permitted between the building and the road.

Common open space. Common open space shall be provided in accord with the recreation land dedication requirements in § 98-60.

The common open spaces shall follow the design requirements in § 98-77C.

In calculating common open space as required by § 98-60, the following standards shall apply:

Areas not credited. Lands within the following areas shall not be counted towards common open space or pedestrian amenities required by this section:

Private yards;

Landscaping and screening otherwise required by this chapter and Chapter 98;

Public or private roads or rights-of-way;

Parking areas and driveways for dwellings; and

Water quality and stormwater detention ponds.

Dimensional requirements. Common open space areas shall have a minimum area of 300 square feet, and in no case shall the length or width be less than 10 feet. Common open space shall not exceed 20,000 square feet except where continuing an adjacent trail, park, or continuation of greenway land.

Building design standards. Any building facade in a commercial land development, visible from a public street, shall demonstrate compliance with the building design standards in § 98-76.1D. Building facades facing loading areas, rear service areas, or facades adjoining other buildings (attached to at least 50% of the sidewall) are exempt.

Outdoor display, storage and sales areas. Such areas shall be permitted only where clearly depicted and labeled on the approved land development plan.

Outdoor sales areas.

Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.

If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade.

Landscaping. Landscaping shall meet the requirements of § 98-71 and § 119-71D.

Parking. Parking shall meet the requirements of § 119-76.

[Amended 4-23-2015 by Ord. No. 2015-04]

Screening. In addition to the requirements in this § 119-40A(48)(h), screening shall also meet the requirements of § 98-71B(3). In the case of conflict, the more-restrictive shall apply.

Mechanical equipment.

All ground-mounted and wall-mounted mechanical equipment, and any permitted outdoor storage, shall be fully screened from on-site and off-site ground-level views, with building materials identical to or of equal quality to those used on the building exterior.

All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs to not be visible from public streets adjacent to or within 1,000 feet of the subject property. Fences, chain link, wire mesh or wood or similar rooftop screening devices may not be used to meet this requirement.

Pedestrian and bicycle facilities. The land development shall provide for safe pedestrian and bicycle access as set forth in § 98-76.1B.

Signs. All signs shall comply with the regulations in Article VII.

(49)

Solar commercial facility. In addition to all applicable provisions of this chapter, the following regulations shall apply to any SCF proposed to be constructed, installed, operated, or decommissioned, and to any upgrade, modification, or structural change that materially alters the size or placement of an existing SCF or its solar energy system(s). An SCF shall be permitted only in the districts as provided by the Use Regulations.

[Amended 10-17-2023 by Ord. No. 2023-01]

Purpose.

To address the installation of solar commercial generation in the Township and strike a balance between promoting renewable energy and avoiding areas designated for other uses critical to community and economic development.

To provide reasonable development standards to facilitate the installation of solar commercial while addressing potential community impacts.

To reduce traffic impacts by requiring solar facility access to roads with adequate capacity.

Land development. An SCF shall also meet the requirements of Chapter 98 (Subdivision and Land Development), including, but not limited to, land development requirements.

Application requirements. In addition to the requirements set forth in § 119-18, the SCF owner and/or applicant shall provide the following as part of the conditional use application:

Site plan. A descriptive site plan, including, but not limited to, dimensioned setbacks, locations of property lines, roadways and driveways, location, and size of solar modules and/or arrays, elevations and heights of buildings and structures, location and detail of perimeter fencing, and buffer and landscaping requirements.

Fire protection plan. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and the West End Fire Company (or other applicable successor local fire company) for review and comment.

Utility notification. Evidence that the electric utility company has been informed of the owner's and/or operator's intent to install such facility and its intended connection to the utility grid. A copy of the electric utility company's approval to connect to the utility grid shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit.

Permission to apply. An affidavit or evidence of agreement between the property owner and SCF owner and/or operator confirming the SCF owner and/or operator has permission to apply for the conditional use.

State and federal permits. Copies of all necessary state and federal permits for the construction, installation, operation, and decommissioning of the SCF and its solar energy system(s) shall be provided if secured at time of conditional use application, but not later than at time of application for zoning permit.

Agency documents. Copies of all studies, analyses, reports, certificates, and approvals required by all agencies shall be provided to the Township if secured at time of conditional use application, but not later than at time of application for zoning permit.

Decommissioning plan. A proposed decommissioning plan for review and approval by the Board of Supervisors.

Development standards, requirements, and criteria. The following standards, requirements, and criteria, without limitation, shall apply to an SCF:

Fence.

The SCF and its solar energy system(s), solar related equipment, principal and accessory buildings and structures, and parking facilities shall be enclosed by perimeter chain-link fencing, and/or other fencing required by state or federal agency, and access gate(s) at a height between eight and nine feet for the purpose of restricting unauthorized access.

Such fencing shall be black poly-coated and shall not include barbed wire or similar product unless otherwise required by a state or federal agency.

A Knox-type box shall be installed on all access gates for emergency access by the West End Fire Company (or other applicable successor local fire company) and other emergency responders.

Landscaping and buffers. Landscaping and buffers shall be provided in accord with § 119-71D and § 98-71.

Ground cover.

An area not less than 25 feet in width and planted and maintained with grass and/or other vegetation satisfactory to the Board of Supervisors shall be located between the perimeter required fencing and all solar related equipment as a firebreak. An alternative method of providing SCF perimeter fire protection may be proposed by the SCF owner and/or operator and may be approved by the Board of Supervisors.

Grass shall be planted and maintained below and between ground-mounted solar modules and/or arrays, except where access roads are provided.

All plants shall be species listed in 98 Attachment 12 of Chapter 98.

A note on the SCF land development plan shall detail the type of grass and its maintenance to ensure continuous ground cover, soil stabilization and a minimized risk of a fire hazard.

Access and parking. Access roads and parking areas within the SCF shall comply with § 119-76.

Signs. The SCF manufacturer's, installer's, and operator's identification and contact information, emergency contact information and appropriate warning signage not greater than three square feet each, or the minimum square footage signage allowed by applicable code, state, or federal agency, shall be posted on the access gate and/or perimeter fencing as required by applicable regulations. Except as provided herein, an SCF shall not display signage of any kind as defined in § 119-57, Definitions and interpretation.

Utility lines. All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and aboveground utility lines are proposed.

Bulk and coverage. An SCF shall comply with the following bulk and coverage standards:

Minimum front, side, and rear setback from property lines and street rights-of-way for perimeter fence	50 feet
Minimum front, side, and rear setback from property lines and street rights-of-way for solar arrays and their mounting equipment	100 feet
Maximum solar array height	15 feet
Maximum lot coverage	60%
Minimum lot area	10 acres

Lot coverage. The cumulative surface area of solar arrays, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

[9]

Solar glare. The applicant shall provide details about anticipated glare from the facility, including the time of day, time of year and direction of peak glare periods, and document how potential nuisances to area properties and on public roads will be controlled in accord with § 119-48.

[10]

Standards and certification. The design of the SCF shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories or other similar certifying organizations. The operator shall repair, maintain, and replace the solar collectors and associated equipment in the same manner as needed to keep the facility in good repair and operating condition.

[11]

Owner and operator changes. The Township shall be notified, in writing, within 30 days of a change in:

SCF ownership;

SCF operator; and/or

The owner of land upon which the SCF is located.

[12]

Emergency contacts. The Township shall be provided with contact name(s), address(es), phone number(s) and emergency contact information. The SCF owner and/or operator shall maintain a phone number and identify the person responsible for the public to contact with inquiries and complaints throughout the life of the project and shall provide this number and name to the Township. The SCF owner and/or operator shall make timely and reasonable efforts to respond to the public's inquiries and complaints.

Decommissioning. Decommissioning of an SCF or any of its solar energy system(s) shall comply with the following, without limitation:

Notification of township. If an SCF or any of its solar energy system(s) have not been in operation for a period of six consecutive months, the SCF owner or operator shall notify the Township, in writing, with the reason(s) for inoperability and their intentions to reestablish operations or plans for decommissioning. The SCF owner or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The SCF or one or more of its solar energy systems shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

Six months for removal. The SCF owner and/or operator shall have six months from cessation or abandonment in which to dismantle and remove the SCF, including all solar related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property, and shall comply with § 119-40A(49)(e)[8].

Decommissioning cost estimate. An independent and certified Pennsylvania professional engineer shall be retained by the SCF owner or operator to estimate the total cost of decommissioning without regard to salvage value of the SCF solar related equipment. Said estimates shall be submitted to the Township Engineer for review, and approval by the Board of Supervisors, and be updated and submitted for such review and approval every fifth year thereafter.

Decommissioning financial security.

The SCF owner or operator, prior to the issuance of a zoning permit, shall provide financial security with the Township as payee in an amount approved by the Board of Supervisors. Any of the following, in a form and content acceptable to the Board of Supervisors, shall be an acceptable form of financial security:

A cash escrow deposited in a money market account, certificate of deposit, or other instrument or account of the Township's choice, provided that such account or financial instrument is insured by the Federal Deposit Insurance Corporation or any similar agency of the United States of America. The Township shall be the sole signatory with respect to that account; provided, however, that the monies in such account shall be considered a trust account and shall not be subject to lien or attachment by third parties.

A certificate of deposit or an automatically renewable, irrevocable letter of credit from a financial institution chartered or authorized to do business in this commonwealth and regulated and examined by a federal agency or the commonwealth.

A performance bond executed between the applicant and a corporate surety licensed to do business in the Commonwealth of Pennsylvania.

The amount of financial security shall be increased every five years so that the amount of the same is at least equal to the updated estimate of decommissioning costs, as approved by the Board of Supervisors pursuant to § 119-40A(49)(e)[3], and remain in place for as long as the SCF or its solar energy system(s) exists at the site and until restoration of the site is satisfactorily completed. Except in the case of a cash escrow being held and maintained by the Township, the SCF owner or operator shall be responsible for having the issuer of the financial security describe the status of the financial security in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction, or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and revegetation have been satisfactorily completed.

Landowner responsibility. If the SCF owner or operator of its solar energy system(s) fails to complete decommissioning and revegetation within the time period stated herein, then decommissioning and revegetation in accordance with this chapter shall become the responsibility of the landowner. The responsibility for decommissioning by facility heirs, successors and assigns shall be established by a recorded document acceptable to the Board of Supervisors.

Township intervention. If neither the SCF owner or operator, nor the landowner, completes decommissioning and revegetation within the prescribed periods, then the Township may take such measures and use such of the financial security as necessary to complete decommissioning and revegetation. The submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and revegetation plan.

Transferability. A decommissioning plan, and the associated financial security, may not be separated from the SCF facility through a change in ownership. Any new owner shall become a party to the decommissioning plan via appropriate amendment, in form and substance acceptable to the Board of Supervisors, and submit proof of financial security that complies with the requirements of § 119-40.A(49)(e)[3]. The prior owner may not release or revoke the prior owner's financial security until the new owner's proof of financial security is accepted by the Board of Supervisors and notice is provided to the landowner.

Decommissioning conditions of the zoning permit. If the SCF owner or operator ceases operation of the facility or any of its solar energy system(s), or begins, but does not complete, construction of the project, the SCF owner and/or operator shall restore the site to its condition prior to any disturbance related to the SCF facility. The site shall be restored to a useful, nonhazardous condition, including but not limited to the following:

Removal of aboveground and underground equipment, structures, and foundations to a depth of at least three feet below grade. Underground equipment, structures and foundations need not be removed if they are at least three feet below grade and do not constitute a hazard or interfere with agricultural use or other resource uses of the land.

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

Removal of graveled areas and access roads.

Revegetation of restored soil areas with native seed mixes and plant species listed in 98 Attachment 12 of Chapter 98.

For any part of the SCF project on leased property, the plan may incorporate agreements with the landowner regarding leaving access roads, fences, gates, or buildings in place or regarding restoration of agricultural crops or forest resource land.

Shadows and/or obstructions. Prior to the issuance of a zoning permit, the SCF owner or applicant must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself 1) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property or 2) the right to prohibit the development on or growth of any trees or vegetation on such property.

Solar easements. A copy of any solar easements obtained by the applicant and/or operator shall be provided to the Township.

Storage of related equipment. Solar related equipment and parts not in active operation on the SCF site shall be stored in an enclosed building and/or concealed within solid fencing no closer than the fifty-foot setback per § 119-40A(49)(d)[7].

Solar commercial facility as a second principal use. An SCF shall be permitted on a property with an existing use in the LIC District subject to the following standards:

The minimum lot area, minimum setbacks and maximum height required by this § 119-40A(49) for the SCF shall apply and be in addition to the minimum lot area, density, and other requirements applicable to any existing principal use on the property so that the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density, and other requirements applicable to it.

Vehicular access to the SCF shall, whenever feasible, be provided along the circulation driveways of the existing use.

The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed SCF and that vehicular access is provided to the SCF.

(50)

Short-term rentals.

[Added 7-16-2019 by Ord. No. 2019-01]

License. Possession of a current valid short-term rental license issued by the Township in accordance with the Chestnuthill Township Short-Term Rental License Ordinance.[9]

[9]

Editor's Note: See Ch. 100, Short-Term Rentals.

Meals. Meals shall not be provided to overnight guests of the establishment.

Sewage disposal and occupancy. Sewage disposal meeting the requirements of the Township and PA DEP shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.

Nonconforming lots. Short-term rentals shall not be permitted on lots which are nonconforming in minimum area.

Parking. Adequate off-street parking shall be provided in accord with § 119-76.

PA Uniform Construction Code. All short-term rentals shall comply with PA Uniform Construction Code requirements, as amended.

Information required. In addition to the other information required by this chapter, the applicant shall include with the application:

The name, address, telephone number and email address of the owner of the short-term rental for which the permit is issued. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.

The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person for the owner of the short-term rental.

The number of bedrooms and the maximum number of overnight occupants.

If the building is a two-family or multifamily dwelling structure, the number of dwelling units and the number of dwelling units being used as a short-term rental.

A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.

Copy of a current Monroe County hotel room excise tax certificate and current Pennsylvania sales tax license.