This article requires that before any zoning
permit is granted for the use of land or building for certain permitted,
conditional and special exception uses, a site plan shall be reviewed
by the Planning Commission and reviewed and approved by the Township
Council. Special exception uses must also be reviewed and approved
by the Zoning Hearing Board prior to Council approval. This provision
is set forth because of the considerable environmental, traffic and
land use impact these land uses have on a community.
A.
Purpose. It is the purpose of this procedure to enable
the Township Planning Commission, the Zoning Hearing Board, if applicable,
and Township Council to review the site plans of an applicant to assure
that they meet the stated objectives and standards of these regulations,
conform to the stated objectives of other agencies, provide for the
safety and convenience of the general public, as well as those using
the subject site, and preserve important site features and landscaping
where desirable.
B.
Procedure.
(1)
In all cases where these regulations require approval
of a site plan, a zoning permit shall not be issued until after the
Planning Commission, the Zoning Hearing Board, if applicable, and
Township Council have reviewed the site plan in accordance with the
procedures set forth in this chapter and until the Township Council
has approved the site plan. Permits shall be issued only in conformity
with the approved site plan.
(2)
The Zoning Officer shall submit the site plan and
supporting documents to the Township Planning Commission and other
required review agencies within 10 days of the receipt of the site
plan.
(3)
The Planning Commission may refer applications for
site plan review to other appropriate agencies and authorities for
review and recommendations.
(4)
The Planning Commission and Township Council shall
have a total of 90 days from the date of the first regular Planning
Commission meeting after the submission of the application, according
to the same time requirements allowed for subdivision and land development
plan submissions and reviews under the Pennsylvania Municipalities
Planning Code, Act 247, as amended (53 P.S. § 10101 et seq.),
unless an extension of time is granted by the applicant.
C.
Application requirements.
(1)
Application for site plan review shall be submitted
to the Zoning Officer. Fifteen copies of all plans certified by a
registered architect, engineer or surveyor shall be submitted, along
with the site plan review fee, as established by resolution of Township
Council, to cover the additional expense of reviewing said site plan.
(2)
The site plan shall include, as a minimum, all the
following information, except that these requirements may be modified
by the Planning Commission to reflect the information needed to review
adequately the plans for the intended use:
(a)
Location of the site, drawn to a scale of not
less than one inch equals 50 feet, showing abutting streets, nearest
cross streets, driveways on adjacent lots, structures on adjacent
lots which are less than 100 feet from the property line, dimensions
and size of the site.
(b)
Streets and property lines, curbs, pavements
sidewalks, easements and rights-of-way.
(c)
Location and dimensions of all existing and
proposed buildings, structures, walls, fences, utility buildings,
existing major trees and other existing significant landscape elements.
(d)
Existing and proposed contours, at maximum two-foot
intervals, and limit of earth disturbance. Where slopes exceed 20%,
ten-foot contour intervals are acceptable. Contours shall be accurately
shown and based upon field survey and/or aerial photography. All contours
shall be based on USGS datum.
(e)
Location of all existing watercourses, wetlands,
drainageways, floodplain limits and rock outcroppings, cliffs, quarries
and woodlands. Also, the location of any carbonate geology features
that might pertain to the site.
(f)
Zoning data for all proposed buildings, structures
or uses, including height, number of floors, building total floor
area, yards, lot coverage, number of parking spaces, number of dwelling
units, total building area and proposed uses. Also, zoning calculations
of slope, woodland cover, floodplain, wetlands, riparian corridors,
rock outcrop, cliff and quarry areas, and Watershed Protection Areas
with associated calculations of required adjusted setbacks, lot size,
development density or cover requirements.
(g)
The title of the development, date, revision
dates, North arrow, scale, name and address of owner, name and address
of equitable owner (if applicable) and name and address of applicant,
if different from owner or equitable owner, and signature of the applicant
and the owner, with a statement indicating their approval of the plan.
(h)
Location and dimensions and proposed surfacing
of existing and proposed off-street parking and loading spaces, traffic
access, circulation drives and pedestrian walks and projected volumes
of vehicle and pedestrian traffic using the site.
(i)
Location, size and type of proposed landscaping
and buffer planting and the designation of those areas of natural
vegetation not to be disturbed.
(j)
Location, type, design, shielding and hours
of operation of all existing and proposed exterior, parking lot and
garage lighting.
(k)
Description and elevation view of all proposed
structures.
(l)
Location, type, size, design, color and illumination
of all signs.
(m)
Location and description of water supply, fire
protection system, sewage facilities and stormwater management facilities
and supporting calculations.
(n)
Location of building or structure listed in
or eligible for the National Register of Historic Sites, and estimated
date of construction of all existing buildings and structures.
(o)
A project narrative providing the following
information:
[1]
Proposed use.
[2]
Hours of use.
[3]
Description of product produced, services provided
or goods sold and process or methods used in providing these services.
[4]
Number and job classification of employees.
[5]
A plan for providing emergency services, including
police, health and fire.
[6]
A list of chemicals to be used or stored on
the property in any quantity in excess of 20 cubic feet in volume,
except:
[a]
Chemicals, such as heating oil
or propane, which may be required for the normal heating and cooling
of a building and fire-suppression chemicals.
[b]
Printing supplies, photographic
developing chemicals and janitorial chemicals and lawn and agricultural
fertilizers in a quantity not to exceed 40 cubic feet.
(p)
Certification that utilities to be provided
are adequate for the intended use.
(q)
The copy of all required permits and supporting
documents required by federal, state and local government agencies.
(r)
In the case of on-lot sewage disposal, the locations
and elevations of all passing and failing soil test trenches and percolation
tests and proposed primary and replacement drainfield areas and all
soil test results.
(s)
Location, type and design of proposed soil erosion
and sedimentation control devices, with appropriate narrative, and
approval from the Soil and Water Conservation District of said plan.
(t)
A traffic impact study for all proposed land
uses expecting to generate 250 trips per day of traffic. (Ingress
is one trip and egress is one trip.)
D.
Standards for review. In reviewing site plans, the
Planning Commission, the Zoning Hearing Board, if applicable, and
Township Council shall take into consideration the purposes of these
regulations, including the purposes of the applicable zoning district
and the safety and convenience of the general public. Site plans may
be modified and conditions put on approvals when deemed necessary
to meet the following objectives:
(1)
Safe, adequate and convenient vehicular and pedestrian
traffic both within and without the site. The Planning Commission,
the Zoning Hearing Board, if applicable, and Township Council shall
take into consideration the following features:
(a)
Number, location and dimensions of vehicular
and pedestrian entrances, exits, drives, walkways and lighting.
(b)
Visibility, in both directions, at exit points.
(c)
Location, arrangement and screening of off-street
parking spaces and waste storage areas.
(d)
Location, arrangement, size and adequacy of
landscaping provided for screening of parking areas, buildings, utilities,
outdoor storage and buffering.
(2)
The protection of environmental quality, landscaping
of open space and harmony with existing development. The Planning
Commission, the Zoning Hearing Board, if applicable, and Township
Council shall take into consideration the following features:
(a)
Arrangement, location, size and architectural
features of proposed buildings and structures on the site in relation
to development on adjoining properties, open space, topography and
existing vegetation.
(b)
The shielding of light, noise, odors, airborne
particles or other disturbances which could interfere with the use
and enjoyment of neighboring properties.
(c)
The collection and disposal of stormwater runoff
from the site.
(d)
The adequacy of the water supply, fire protection
system and proposed sewage facilities.
(e)
The adequacy of protection of floodplain and
wetland areas.
(f)
The adequacy of protection against hazards of
developing or using land in Carbonate Geology Areas and/or Watershed
Protection Areas.
(g)
The adequacy of protection provided for woodlands,
steep slopes, rock outcrops, cliffs, quarries and riparian corridors.
(3)
The protection and preservation and reuse of buildings
or structures built more than 50 years prior to the date of application.
The Planning Commission, the Zoning Hearing Board, if applicable,
and the Township Council shall take into consideration the following
features:
(4)
Specific uses of property shall also be regulated by specific standards and conditions as regulated in the following sections of this Code: § 180-103 and following sections. The review of the Zoning Hearing Board (for specific exceptions) and the review of the Township Planning Commission and Township Council shall take into consideration these specific standards and conditions for these specific uses. If any specific standards and conditions for specific uses conflict with the general standards and conditions for the applicable zoning district, the most restrictive standards and conditions shall be enforced.
A.
Animal hospital; kennel; animal grooming.
(1)
Buildings shall be adequately soundproofed so that
sounds generated within the buildings cannot be perceived at the lot
lines.
(2)
Outdoor animal runs may be provided for small animals.
A planting screen around the perimeter of said animal run is required.
No animal shall be permitted to use the outdoor runs from 8:00 p.m.
to 8:00 a.m.
B.
Riding stable.
(1)
A minimum lot size of three acres, plus 1/2 acre for
each additional horse over six, shall be required.
(2)
All buildings used to shelter horses and all areas
used to corral or pasture horses shall be at least 100 feet from all
lot lines (except along roads).
(3)
No new barns, animal shelters, stables, feed yards
or manure storage areas will be located closer than 200 feet to all
dwellings, except the dwelling of the owner or lessee, or to all residential
districts.
(4)
No additions to existing barns, animal shelters, stables,
feed yards or manure storage areas will be located closer than 200
feet to all streets, property lines, district boundaries and dwellings,
except the dwelling of the owner or lessee.
A.
Animal husbandry.
(1)
A minimum lot size of three acres shall be required.
(2)
All buildings used to shelter hoofed animals
and all areas used to corral or pasture hoofed animals shall be at
least 100 feet from all lot lines (except along roads).
(3)
No new barns, animal shelters, stables, feed
yards or manure storage areas will be located closer than 200 feet
to all dwellings, except the dwelling of the owner or lessee, or to
all residential district boundaries.
(4)
No addition to existing barns, animal shelters,
stables, feed yards or manure storage areas will be located closer
than 200 feet to all streets, property lines, district boundaries
and dwellings, except the dwelling of the owner or lessee.
(7)
Animal density: maximum (see table below):
|
General Agriculture Standards
Animal Density
Example Calculations
Animal Units Per Acre (.5, 2.0)
| |||||||
|---|---|---|---|---|---|---|---|
|
Lot Size Example
(acres)
|
Animal Units Per Acre
|
Cattle
(1,200 lbs./animal)
|
Swine
(300 lbs./animal)
|
Sheep/Goats
(200 lbs./animal)
|
Poultry
(4 lbs./animal)
|
Rabbits
(5 lbs./animal)
| |
|
3
|
.5
|
1
|
5
|
7
|
375
|
300
| |
|
5
|
.5
|
2
|
8
|
12
|
625
|
500
| |
|
10
|
2
|
2
|
67
|
100
|
5,000
|
4,000
| |
|
15
|
2
|
25
|
100
|
150
|
7,500
|
6,000
| |
|
20
|
2
|
34
|
134
|
200
|
10,000
|
8,000
| |
|
(1.7 cattle/acre)
|
(6.7 swine/acre)
|
(10 sheep/acre)
|
(500 poultry/acre)
|
(400 rabbits/acre)
| |||
B.
Animal husbandry.
(1)
A minimum lot size of 10 acres shall be required.
(2)
A maximum of five animal units per acre is permitted.
(3)
All buildings used to shelter hoofed animals
and all areas used to corral or pasture hoofed animals shall be at
least 50 feet from all lot lines (except along roads).
(4)
No new barns, animal shelters, stables, feed
yards or manure storage areas will be located closer than 75 feet
to all dwellings, except the dwelling of the owner or lessee, or to
all residential district boundaries.
(5)
No addition to existing barns, animal shelters,
stables, feed yards or manure storage areas will be located closer
than 75 feet to all streets, property lines, district boundaries and
dwellings, except the dwelling of the owner or lessee.
(9)
Animal density: maximum (see table below):
|
Intensive Agriculture Standards
Animal Density
Example Calculations
Animal Units Per Acre (5)
| |||||||
|---|---|---|---|---|---|---|---|
|
Lot Size Example
(acres)
|
Animal Units Per Acre
|
Cattle
(1,200 lbs./animal)
|
Swine
(300 lbs./animal)
|
Sheep/
Goats
(200 lbs./animal)
|
Poultry
(4 lbs./animal)
|
Rabbits
5 lbs./animal)
| |
|
10
|
5
|
42
|
167
|
250
|
12,500
|
10,000
| |
|
20
|
5
|
84
|
334
|
500
|
25,000
|
20,000
| |
|
25
|
5
|
105
|
417
|
625
|
31.250
|
25,000
| |
|
(4.2 cattle/acre)
|
(16.7 swine/acre)
|
(25 sheep/acre)
|
(1,250 poultry/acre)
|
(1,000 rabbits/acre)
| |||
(10)
Additional regulations.
(a)
A nutrient management plan shall be prepared
and approved under the guidelines of Title 25, Chapter 83, Subchapter
D, Pennsylvania Code for all intensive agriculture uses. An approved
copy shall be submitted to the Township.
(b)
Solid and liquid waste shall be disposed of
daily in a manner to avoid creating insect or rodent problems or public
nuisance.
(c)
Applicant shall meet the standards as may be
set forth in treatises recognized by agricultural authorities or as
the same may be produced by the Pennsylvania Department of Agriculture,
Department of Environmental Protection, Pennsylvania State University,
College of Agricultural Sciences, or similar entity.
(d)
All liquid waste and/or sewage disposal shall
be in compliance with the standards approved by local, state and/or
federal regulatory agencies.
(e)
All intensive agriculture uses and activities
shall be reviewed by the Northampton County Cooperative Extension.
(f)
An odor abatement plan shall be prepared and
show the ability to abate or reduce odors to a minimum or to allow
odors at times that there would be minimal interference to neighbors.
(g)
A pesticide management plan shall be prepared
and show the ability to store, handle and apply products to control
pests and undesirable vegetation and to show how surface waters and
groundwaters will be protected.
A.
Gasoline fuel pumps shall be at least 25 feet from
any required street right-of way and at least 100 feet from any residential
property line or residential district.
B.
All motor vehicle parts and dismantled vehicles shall
be located within a building. All outdoor refuse shall require a planting
screen which screens these areas from streets and surrounding uses.
C.
Outdoor paint-spraying or body and fender work shall
not be permitted.
D.
Motor vehicles taken to a service station or a garage
for outside storage because of an accident or repair may remain without
repairs being initiated no longer than 15 days from the initial date.
Outdoor storage of automobiles and other vehicles shall be located
in back of the front building line and shall be no closer than the
side and rear yard requirements in the district. The perimeter of
all storage areas shall be surrounded by a buffer yard.
A.
Additional requirements.
(1)
No part of any street right-of-way, sidewalk or other
areas intended or designed for pedestrian use, required parking areas
and required yards and buffer yards shall be occupied by outside storage
or display.
(2)
No hazardous or toxic materials or organic materials
shall be stored outside.
(3)
The burning or incineration of vehicles or junk shall
be prohibited, unless burning is done in an enclosed incinerator approved
by the Department of Environmental Protection.
(4)
Outside storage shall require a buffer yard and security
fence around the perimeter of the storage area.
(5)
No storage shall be allowed in drainageways.
A.
General. It is the intent of this use to provide for
a planned office and laboratory park.
B.
Additional requirements. An office and laboratory
park shall:
(1)
Provide a high-quality, low-density, campus-like area
for the purposes of office, education, research and development.
(2)
Provide buffer yards between the park and surrounding
uses.
(3)
Show compliance with the comprehensive plan for that
plan.
(4)
Have public water and sewer.
(5)
The distance of the closest point between any two
buildings or groups of attached buildings shall be not less than the
height of the tallest building but no less than 30 feet.
B.
Additional site plan requirements. A project narrative
shall be required and shall include the following:
F.
Additional requirements applying to extraction and
processing of natural resources, landfills and waste disposal facilities
and waste transfer and recycling facilities.
(1)
Additional site plan requirements. Plans and data
supporting the zoning permit application shall be prepared and submitted,
which includes the following.
(a)
A project narrative shall be expanded to include:
[1]
The owner of the facility and contact person
for the development and operation phases of the facility.
[2]
Material to be extracted or disposed of and
the method of extraction, processing and/or disposal.
[3]
The type of machinery to be used during the
facilities' development and operation and their noise levels.
[4]
The estimated length of economic life of the
facility.
[5]
The location and proximity to the processing
and storage facility.
[6]
An explanation of the permitting process and
status with other agencies, state and federal.
[7]
The wind direction, by percentage of time, and
effects it may have on site development, operations and surrounding
neighborhoods.
[8]
An explanation of need and timing of explosives,
if any.
[9]
The hours of operation.
[10]
Procedures for emergencies, hazards
and accidents.
[11]
The ultimate use and ownership
of the site after completion of extraction or disposal.
[12]
The existing ground cover and
restoration ground cover.
(b)
The site plan shall show the following additional
items pertaining to the development and operation of the site:
[1]
Final grading by contours, in two-foot intervals.
[2]
The interior road system proposed for the site,
including ingress and egress points, and their relation to local and
state roads and railroad crossings.
[3]
Sources of water, water needed for development
and operation of the site or facility, the effect on the groundwater
table and methods of disposing of drainage and excess water accumulated
during the course of operation.
[4]
Treatments for mitigating noise, dust, glare
and vibration.
[5]
Landscaping, buffering, embankment height, methods
of drainage and erosion control.
[6]
A copy of all Department of Environmental Protection
and other applicable agencies' permit information, including but not
limited to applications, review comments, terms and conditions of
permits.
[7]
Fencing proposed.
[8]
Proposals for groundwater monitoring testing
and environmental protection.
(2)
Standards.
(a)
Landscaping and screening.
[1]
An earthen berm shall be placed no closer than
50 feet to all adjacent uses around the perimeter of a surface mine,
landfill, waste disposal facility, waste transfer facility or recycling
facility. No surface mine, landfill, waste disposal facility, waste
transfer facility or recycling facility activities shall be conducted
less than 100 feet from a property boundary line; within 100 feet
of the outside line of a required right-of-way of any public road;
within 300 feet of an occupied dwelling house or commercial or industrial
building, unless released by the owner thereof; nor within 300 feet
of any public building or public park or historic structure built
prior to 1920; nor within 100 feet of any cemetery or the bank of
any stream.
[2]
The berm shall have a minimum height of six
feet and a maximum height of 30 feet above grade or ground level.
The slope of the sides of the berm shall not exceed a ratio of two
horizontal to one vertical. Berms shall be planted and erosion control
measures shall be taken as may be approved by the United States Conservation
Service.
[3]
The buffer yards and screening portion of this
chapter shall be applied to the proposed development of a processing
facility.
[4]
The Township Council may determine that the
existing features may be acceptable substitute for these required
berms screening and buffers. However, supplemental plantings may be
required as a condition of site plan approval.
(b)
Fencing. A security fence shall be required
around the perimeter of the surface mine, landfill, waste disposal,
waste transfer or recycling activities at a point no closer than the
required yard dimension to a lot line, and it shall be maintained
in a constant state of good repair. Appropriate warning signs shall
be mounted or posted along the fence at intervals of not more than
100 feet.
(c)
Internal circulation. An adequate internal circulation pattern of streets shall be maintained between the surface mining sites and processing areas. Use of public streets shall not be permitted for hauling between surface mine sites and processing areas. Access shall be regulated in accordance with Chapter 145, Subdivision and Land Development.
(d)
Slope of excavation. The quarry walls shall
be sloped in accordance with the provisions of Pennsylvania Surface
Mining Conservation and Reclamation Act (52 P.S. § 1396.1
et seq.) and the rules and regulations adopted pursuant thereto. In
no event shall the top of the slope of excavation be closer than 300
feet to the center line of any street or 200 feet to the boundary
of a district in which extraction is not permitted.
(e)
Lateral support. All operations shall be conducted
with sufficient lateral support to be safe with respect to hazard
to persons; physical damage to adjacent lands or improvements; or
damage to any street, sidewalk, parking area or utility by reason
of slide, sinking or collapse.
(f)
Drainage. All drainage from the site of extractive
operations shall be controlled by dykes, barriers or drainage structures
sufficient to prevent any silt, debris or other loose materials from
filling any existing drainage course or encroaching on streets and
adjacent properties.
(g)
Control of vibration. No ground vibration caused
by blasting or machinery shall exceed the limits established by the
Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164
through 168, and the rules and regulations adopted thereunder (see
also 71 P.S. § 751-35), with the exception that no blasting
shall cause a peak particle velocity greater than one inch per second,
measured at any property line or at the center of any street.
(h)
Site reclamation. Upon completion of extraction
of minerals or upon cessation of operation for a period of more than
18 months, the site shall be reclaimed to a condition that is nonhazardous
and does not result in environmental or neighborhood degradation.
A.
Bed-and-breakfasts.
(1)
Bed-and-breakfast homes shall have a minimum lot size
of 40,000 square feet.
(2)
No more than five guest rooms shall be provided and
no more than two adults and two children may occupy one guest room.
(3)
One off-street parking space shall be provided for
each guest room.
(4)
At least one full bathroom, separate from the host
family's bathroom, shall be provided for every three guest rooms.
(5)
There shall be no use of show windows or any type
of display or advertising visible from outside the premises.
(6)
No external alterations or changes to the exterior
structure shall be permitted, except as required by the Pennsylvania
Department of Labor and Industry or for safety reasons as required
by any other governmental agency.
(7)
The use shall be carried on by members of the immediate
family, who must reside on the premises.
(8)
There shall be no separate kitchen or cooking facilities
in any guest room. Food served to guests on the premises shall be
limited to breakfast only.
(9)
The use may not be established until there is compliance
with all Township rules and regulations.
(10)
Any property proposed for a bed-and-breakfast
home which has an on-lot sewage facility shall have its permit reevaluated
as being adequate in accordance with local and state regulations.
New facilities may be required to be installed meeting current regulations.
(11)
The Fire Chief shall inspect the facility for
familiarity and general comment.
(12)
A floor plan shall be submitted with the site
plan.
A.
Additional requirements. Documentation stating the
following shall be submitted:
(1)
The club will serve a purely social, religious, athletic
or community service purpose;
(2)
It will be operated on a membership basis and not
conducted as a business; and
(3)
The operation of such membership club will not cause
or create a nuisance to adjoining properties or the general neighborhood
by reason of noise or traffic.
D.
Special requirements for shooting ranges.
(1)
A buffer yard and security fence is required around
the perimeter of the shooting range.
(2)
Warning signs shall be posted in a clear and unobstructed
manner along the perimeter of the property at distances no more than
50 feet apart. Such signs shall be at a minimum of one square foot
in area.
(3)
No projectile, including but not limited to bullets,
pellets and arrows, shall be propelled in such a manner or in such
a direction as to cause the projectile to leave the secured range
area.
(4)
Discharge of firearms or propelling of projectiles
shall be confined to firing or target ranges approved by the Township
Council upon recommendation of the Chief of Police and Zoning Officer
and shall be equipped with adequate backstops and safety fences following
the latest requirements of the National Rifle Association.
[Amended 2-17-2016 by Ord. No. 2016-01]
A golf course use is either a publicly or privately owned and
operated athletic field established and maintained for the primary
purpose of playing the sport of golf. Golf courses may also be combined
with single-family residential uses and may also have a number of
nonresidential accessory uses to support the main use. All uses associated
with the golf course must meet the requirements herein. Where there
is conflict in regulations between the zoning district and this section,
the regulations contained herein will take precedence.
A.
General requirements.
(1)
Minimum tract size: 100 acres. Tract acreage may consist of one or
multiple contiguous parcels and may only be separated by a legal right-of-way,
casement, or natural resource.
(2)
No nonresidential building may be located closer than 50 feet to
any tract boundary. Residential uses developed as a portion of the
golf course shall be set back a minimum distance of 30 feet from any
tract boundary.
(3)
A twenty-foot planted, landscape buffer shall be installed between
any on-site residential uses and any adjacent off-site residential
use or district.
(4)
Maximum building height: 35 feet.
(5)
Maximum impervious surface ratio (for entire tract): 25%.
(6)
Golf courses that include a residential component shall consist
of a minimum of 18 holes. Golf courses without a residential component
may consist of a lesser number of holes.
(7)
A pesticide management plan shall be prepared and demonstrate
the ability to store, handle and apply products to control pests and
undesirable vegetation and to demonstrate how surface water and groundwater
will be protected.
(8)
If the golf course use contains a residential component, then
the applicant shall provide assurance to the Township, through deed
restriction, conservation casement, or other method, that the golf
course property will remain as open space in perpetuity should the
golf course use cease to exist or function as a golf course.
(9)
Adequate parking, meeting the applicable ordinance requirements,
must be provided in the immediate vicinity of the associated use.
Nonresidential parking requirements may not be met through the utilization
of on-street parking within associated residential areas.
(10)
Pedestrian circulation shall be provided internal to the site
to connect the various elements within the golf course development.
B.
Golf course nonresidential accessory use requirements.
(1)
The following nonresidential uses are permitted only as accessory
uses to the golf course:
(a)
Clubhouse.
(b)
Recreation / wellness / fitness center.
(c)
Pro shop / recreational retail.
(d)
Guest suites.
(e)
Spa.
(f)
Swimming pool / hot tub.
(g)
Administrative offices.
(h)
Business center / meeting rooms.
(i)
Restaurants (excluding drive-throughs).
(j)
Banquet facilities.
(k)
Recreational facilities / driving range.
(l)
Maintenance and utility buildings or areas.
(m)
Cart paths, walking paths, trails.
(n)
Stormwater management areas.
(o)
Other customary accessory uses, as approved by the Township
Council.
(2)
All nonresidential uses shall be owned and operated by the same business
entity or association as the primary golf course use.
(3)
Parking requirements, in addition to those required for the primary
golf course use, are as follows:
(a)
Clubhouse, spa, and recreational uses: One space per 300 square
feet of gross floor area.
(b)
Restaurants and banquet facilities: One space per three seats.
(c)
Guest suites: One space per bed.
(d)
Offices and meeting rooms: One space per 200 square feet of
gross floor area.
(e)
Retail uses: One space per 100 square feet of gross floor area.
(4)
Loading spaces, docks, refuse areas, and outdoor storage of yard
waste or landscape materials shall be provided to the side, rear,
or below the building and shall be completely shielded from view of
any adjacent residential use or structure through the use of screening
materials, fencing, landscaping, and/or berming.
C.
Golf course residential use requirements
(2)
The permitted density shall be determined by the site capacity calculations for the entire tract as contained in § 180-95C.
(3)
Minimum open space: 50%.
(4)
Residential lot requirements:
|
Dwelling
|
Lot Size
(square feet)
|
Lot Width
(feet)
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
| |
|---|---|---|---|---|---|---|
|
Single-family, detached
|
8,000
|
75
|
25
|
12
|
25
| |
|
Single-family, duplex
|
6,000
|
50
|
25
|
0 / 10
|
25
| |
|
Single-family, attached
|
4,000
|
24
|
20
|
0 / 12
|
25
|
(5)
Parking requirements: 3 off-street spaces per dwelling unit.
(6)
All residential units shall be served by public water and sewer.
(7)
Should the applicant choose to establish a homeowners' association
to manage common areas, private street, maintenance, etc., all proposed
association documents; covenants, conditions, and restrictions, etc,
shall be submitted to the Township for review and approval.
A.
Additional requirements.
(1)
A buffer yard shall be required around the perimeter of the lot. Said buffer yard, in addition to the provisions of § 180-97C, shall be at least 10 feet in height and opacity to prevent viewing of the screen from adjacent properties or roadways and shall be sited in a manner and of a density to prevent patrons' automobile lights from shining on adjoining properties or roadways.
(2)
The ticket booth shall be sited per § 180-98E and set back from the required road right-of-way. Sufficient queuing area shall be available between the cartway and ticket booth to prevent cars from backing onto the public right-of-way. An estimate of the maximum number of waiting cars shall accompany the application for a permit.
(3)
The maximum height of any building or structure on
the site shall be 35 feet, except for the movie screen. No portion
of the movie screen above 35 feet shall be occupied for any use but
maintenance.
A.
The lot area per dwelling unit shall not be reduced
to less than the amount stated for the district in which the dwelling
is located.
B.
The yard, impervious cover, off-street parking and
other applicable requirements for the district shall apply for each
dwelling unit, as applicable.
C.
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of meeting local
or state health and safety standards.
D.
The floor area per dwelling unit shall not be less
than 450 square feet. Adequate capacity of sewer and water shall be
as required by this chapter or other applicable Township or state
regulations.
[Amended 8-17-2005 by Ord. No. 2005-06]
A.
General.
(1)
Cluster development is intended to provide flexibility
in the design of residential developments and to preserve open space
and provide other public amenities and services by permitting a reduction
in residential lot size. Cluster development may be used to provide
for open space, protection of critical natural features not protected
by other regulations, park land, recreational facilities, community
facilities, historic sites or other public uses.
(a)
All single-family detached dwelling units within
a cluster development shall include front, rear and side yards.
(b)
The tract of land to be developed shall be a
minimum of 10 acres and shall be in single and separate ownership
or shall be the subject of an application filed jointly by all the
owners of the entire tract who shall stipulate that the entire tract
will be developed in accordance with the approved plan.
(c)
All dwelling units shall be served by a public
water system, except in the RA and R80 Zoning Districts. Dwellings
proposed in the RA and R80 Zoning Districts may be served either by
a public water system, or by individual, privately owned, on-lot wells.
[Amended 12-7-2005 by Ord. No. 2005-09]
(d)
In the R40, R20, R12, UR and VC Zoning Districts,
all dwelling units shall be served by a public sewage disposal system.
(e)
In the RA and R80 Zoning Districts, all dwellings
shall be served either by individual on-lot sewer systems, or by a
public sewage disposal system.
(f)
Street/roadway design.
[1]
All streets within a cluster development shall
be constructed with a minimum right-of way width of 60 feet.
[2]
Within this right-of-way, a cartway shall be
constructed with a minimum width of 28 feet, or at the discretion
of the Township Council.
[3]
Street trees shall be provided at a minimum distance of 50 feet on center along both sides of all streets and shall be placed a minimum distance of five feet and a maximum distance of eight feet from the edge of the cartway. All street trees shall be planted in accordance with the regulations and standards in Chapter 145, Subdivision and Land Development.
(2)
Open space.
(a)
Areas set aside for open space shall be part
of the same tract as the proposed cluster development, be suitable
for the designated purpose and shall be consistent with the future
land use plan policies of the Township. Any such area shall contain
no structure other than a structure related to the purposes of the
open space. Where structures are included in the open space, no more
than 5% of the total open space area may be used for buildings.
(b)
Open space shall be uninterrupted by unrelated
buildings or drives and appropriately landscaped and designated as
open space. Open space areas shall be interconnected with open space
areas on abutting parcels whenever possible. It shall be incumbent
upon the applicant to demonstrate that the open space configuration
meets the intent of the cluster philosophy and the goals of the Township
and is compatible with the surrounding areas.
(c)
Any land set aside as open space which is of
such a size as may be capable of future subdivision under the regulations
of this chapter must be made subject to a deed restriction, conservation
easement or agreement acceptable to the Township Council and duly
recorded in the Northampton County Recorder of Deeds Office.
(d)
Open space shall be offered for dedication to
Lower Saucon Township, which shall have the sole discretion to accept
the open space. If the open space is not accepted for dedication by
the Township, the land owner/developer shall provide such material
as required to establish the method by which the open space shall
be perpetuated, maintained and administered. The approval of the final
plan of subdivision and/or land development and other materials submitted
therewith shall be construed as a contract between the land owner(s)
and the Township, and shall be noted on all applicable deeds.
(e)
Required open space shall be subject to permanent
conservation easements prohibiting future development and defining
the range of permitted activities. (For example, the clearing of woodland
habitat shall generally be prohibited, except as necessary to create
trails, active recreation facilities, and to install subsurface septic
disposal systems or spray irrigation facilities.) The determination
of necessity shall lie with the Council.
(f)
A portion of the open space must be potentially usable for recreation land in accordance with § 145-51D of Chapter 145, Subdivision and Land Development. Recreation land shall not include natural features with an 80% or greater protection standard or any portion of those natural features that may not be developed as specified in § 180-95, Environmental protection standards. Exceptions to these standards are recreation areas mapped in the Municipal Open Space and Recreation Plan. Recreation land may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
(g)
Open space designation. All land held for open
space shall be so designated on the subdivision and land development
plans. Such plans shall contain the following information:
[1]
A statement that the open space land shall not
be separately sold or further subdivided, except for transfer to the
municipality or a conservation organization approved by the municipality.
And, a statement that the open space land shall not be further developed,
except for recreational facilities.
[2]
The use(s) of the open space shall be indicated
on the plans. In designating the use(s), one or more of the following
classes shall be used:
[a]
Conservation of open land in its
natural state (for example, woodland, fallow field, or managed meadow);
[b]
Agricultural and horticultural
uses, including raising crops or livestock, wholesale nurseries, associated
buildings, excluding residences that are specifically needed to support
an active, viable agricultural or horticultural operation. Specifically
excluded are commercial livestock operations involving swine, poultry,
mink and other animals likely to produce highly offensive odors.
[c]
Pastureland for horses used solely
for recreational purposes. Equestrian facilities shall be permitted
but may not consume more than half of the minimum required open space
land.
[Amended 12-7-2005 by Ord. No. 2005-09]
[i]
"Pastureland for horses," for the
purposes of this chapter, shall be defined as an area of land on which
horses graze or are intended to graze. "Pastureland for horses" shall
not include pastureland for any other animals and shall not exceed
40% of the minimum required open space.
[ii]
Equestrian facilities, for the
purposes of this chapter, shall be defined as facilities for the keeping,
raising, breeding, training and boarding of horses. Equestrian facilities
may contain barns, a livery, a boarding stable, and indoor and outdoor
riding rinks. Equestrian facilities shall not exceed 10% of the minimum
required open space.
[d]
Neighborhood open space uses such
as village greens, commons, picnic areas, community gardens, trails
and similar low-impact passive recreational uses specifically excluding
motorized off-road vehicles, rifle ranges and other uses similar in
character and potential impact as determined by the Council.
[3]
The type of facilities to be provided and the
extent of proposed improvements shall be noted on the plans, including
a planting plan and schedule.
[4]
The plan shall note the method by which the
open space shall be owned and maintained.
(h)
Design standards for open space. All open space
areas shall meet the following design standards:
[1]
Layout of open space.
[a]
The open space shall be laid out
in accordance with the best principles of site design, the Lower Saucon
Township Open Space Plan, and any other duly adopted open space plan.
It is intended that the open space shall be as close to all residences
as possible, with greenways leading to major recreation spaces. Open
space areas shall be aggregated as much as possible. Major recreation
areas shall be located to serve all residents. Active recreation land
is most needed in areas of highest density.
[b]
A method of physically delineating
private lots from common open space areas shall be provided. Such
method may include shrubbery, trees, markers or other method acceptable
to the municipality.
[2]
Recreation land. Section 145-51D of Chapter 145, Subdivision and Land Development, requires that a portion of the open space be dedicated for recreation purposes. The following standards shall apply to the design of the recreation land:
[a]
Areas set aside for active recreation
purposes shall be of adequate size and configuration to accommodate
the intended use. The National Recreation and Park Association Standards,
standards established by a sports governing body, or standards obtained
from another credible source shall be utilized to determine the exact
spatial and dimensional requirements needed for a specific type of
recreation area or facility.
[b]
The land deemed usable for active
recreation shall not include narrow or irregular pieces of land, which
are remnants from lotting or the layout of streets and parking areas.
[c]
The developer shall be required
to improve the recreation land so that it is usable for the intended
activity, including necessary facilities and equipment. The proposed
improvements, including facilities and equipment, shall be acceptable
to the municipality.
[d]
The slope of recreation land to
be used for active play areas shall not exceed 2%. Compliance with
this slope requirement may be achieved through regrading, in keeping
with applicable natural resource protection standards.
[e]
At least one side of the recreation
land shall abut a street for a minimum distance of 50 feet.
[f]
Recreation land shall not be traversed
by utility easements unless said utilities are placed underground
and no part of them or their supportive equipment protrudes above
ground level.
(3)
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 145, Subdivision and Land Development.
(4)
Other requirements.
(a)
No portion of any building lot may be used for
meeting the minimum required open space. However, active agricultural
land with farm buildings, excluding areas used for residences, may
be used to meet a portion of the minimum required open space.
(b)
Pedestrian and maintenance access to open space,
excluding those lands used for agricultural or horticultural purposes
in accordance with § 180-116A(2)(g)[2][b] herein, shall
be provided in accordance with the following requirements:
B.
Density. Maximum density shall not exceed the density permitted, per § 180-95C, Site capacity calculations, based upon the calculated net buildable area, and based upon the number of lots that would be permitted as calculated for a single-family detached dwelling subdivision in the applicable zoning district.
C.
Area and dimensional requirements.
(1)
Single-family detached cluster dwellings:
[Amended 4-6-2011 by Ord. No. 2011-02]
|
Zoning District
|
Minimum Open Space*
|
Minimum Lot Area
(square feet)
|
Impervious
Coverage
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yards
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
RA
|
50%
|
40,000
|
**
|
200
|
25
|
25
|
50
|
35
|
|
R80
|
50%
|
40,000
|
**
|
200
|
25
|
25
|
50
|
35
|
|
R40
|
50%
|
20,000
|
**
|
100
|
25
|
20
|
50
|
35
|
|
R20
|
50%
|
10,000
|
**
|
90
|
25
|
15
|
25
|
35
|
|
R12
|
40%
|
8,000
|
**
|
80
|
25
|
12
|
25
|
35
|
|
UR
|
40%
|
6,000
|
**
|
60
|
25
|
10
|
25
|
35
|
|
VC
|
40%
|
6,000
|
**
|
60
|
25
|
10
|
25
|
35
|
(2)
Single-family cluster duplex dwellings:
|
Zoning District
|
Minimum Open Space*
|
Minimum Lot Area
(square feet)
|
Maximum Impervious Surface**
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard***
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
R12
|
40%
|
6,000
|
30%
|
50
|
25
|
12
|
25
|
35
|
|
UR
|
40%
|
4,000
|
35%
|
40
|
25
|
10
|
25
|
35
|
|
VC
|
40%
|
4,000
|
35%
|
40
|
25
|
10
|
25
|
35
|
(3)
Single-family cluster attached dwellings:
(a)
No more than eight single-family attached dwellings
shall be permitted in one group or structure.
(b)
No single-family attached structure shall be
closer than 35 feet to another single-family attached structure.
(c)
Variation in roofline, facade, and setbacks
is required.
(d)
Lot area and dimensional requirements shall
be as follows:
|
Zoning District
|
Minimum Open Space*
|
Minimum Lot Area
(square feet)
|
Maximum Impervious Surface**
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard***
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
R12
|
50%
|
2,000
|
50%
|
24
|
20
|
15
|
20
|
35
|
|
UR
|
60%
|
2,000
|
40%
|
24
|
20
|
15
|
20
|
35
|
|
VC
|
60%
|
2,000
|
40%
|
24
|
20
|
15
|
20
|
35
|
(4)
Mixed residential cluster development.
(a)
A mixed residential cluster development may
include a mix of two or more residential dwelling unit types within
a single development tract.
(b)
All buildings and structures shall be designed
with a unified architectural design so that buildings and structures
appear to be part of an overall development.
(c)
The minimum tract area shall be 20 acres.
(d)
The maximum number of dwelling unit types shall
be three.
(e)
Mixed residential cluster developments shall
only be permitted in the R12 and UR Zoning Districts.
(g)
No structure shall be closer to the exterior
boundary of the development tract than 50 feet, unless a more restrictive
yard requirement is required per this chapter.
(h)
Common household waste areas shall be provided
and shall be screened and buffered with a planting screen and/or fencing.
(i)
Buffer yards shall be provided around the perimeter
of the site.
(j)
No structure shall be longer than 200 feet in
any dimension.
(k)
No garden apartment building or structure shall
contain more than 24 dwelling units.
(l)
No single-family attached building or structure
shall contain more than eight dwelling units.
(m)
A minimum of one deciduous tree and three shrubs
shall be provided per dwelling unit.
(n)
Variation in roofline, facade and setbacks is
required in the single-family cluster attached dwellings.
(o)
Private roads or driveways in a mixed residential
development shall be constructed to Township standards, except that
no curbing is required and the minimum paved width shall be 24 feet
with no parking on the road or driveway.
A.
Garden apartment (rental and/or condominium).
(1)
Additional requirements.
(a)
Public water and sewer are required.
(b)
Waste disposal areas and parking areas require
a planting screen.
(c)
Buffer yards are required around the perimeter
of the site, except in the required front yard.
(d)
Fifteen percent of the gross area of the development shall be provided and maintained as open space/recreation area, in addition to the recreation area required by Chapter 145, Subdivision and Land Development.
(e)
No single structure shall be longer than 200
feet.
(f)
No single structure shall contain more than
24 dwelling units.
(g)
No single garden apartment structure shall be
closer than 40 feet to any other structure, except that accessory
parking lots or parking garages shall be no closer than 15 feet to
a single garden apartment structure.
(i)
Private roads or driveways in an apartment complex
shall be constructed to Township road construction standards, except
that no curbing is required and the minimum paved width shall be 24
feet.
(j)
Variations in roofline and setbacks in building
facades shall be required.
B.
Rooming house (rental).
(1)
Rooming houses shall have a minimum lot size of 40,000
square feet.
(2)
No more than five guest rooms shall be provided and
no more than two persons may occupy one guest room.
(3)
One and one-half off-street parking spaces shall be
provided for each guest room.
(4)
At least one full bathroom, separate from the host
family's bathroom, shall be provided for every three guest rooms.
(5)
There shall be no use of show windows or any type
of display or advertising visible from outside the premises.
(6)
The nature and character of the building shall be
in keeping with the surrounding neighborhood. No external alterations
or changes to the exterior structure shall be permitted, except as
required by the Pennsylvania Department of Labor and Industry or for
safety reasons as required by any other governmental agency.
(7)
The use shall be carried on by members of the immediate
family, who must reside on the premises.
(8)
There shall be no separate kitchen or cooking facilities
in any guest room.
(9)
The use may not be established until there is compliance
with all Township rules and regulations.
(10)
Any property proposed for a rooming house which has an on-site septic facility shall have its permit reevaluated as being adequate in accordance with local and state regulations and/or an on-site water facility shall provide a certification from a professional engineer, experienced in groundwater hydrology, indicating that the facility can provide the quality and quantity of water per § 180-100 of this chapter.
(11)
A floor plan shall be submitted with the site
plan.
[Amended 11-16-2016 by Ord. No. 2016-05]
Each group home shall meet the following requirements:
A.
There shall be at least one room to serve as a gathering space which
shall not have less than 120 square feet of floor area. Other habitable
rooms, except kitchens, shall have an area of not less than 70 square
feet. Where more than two persons occupy a room used for sleeping
purposes, the required floor area shall be increased at a rate of
50 square feet for each occupant in excess of two.
B.
There shall be twenty-four-hour supervision by people qualified by
training and experience in the field for which the group home is intended.
C.
Each group home shall be approved for all applicable federal, state,
county, and municipal licenses and permits.
D.
Each group home shall be operated so that all medical, counseling,
or other services are provided for the sole benefit of those persons
inhabiting the facility.
E.
Any exterior changes shall be generally compatible with the surrounding
properties in the neighborhood, except for those local, state, or
federal health or safety requirements which cannot be modified to
be compatible.
G.
Each group home shall provide adequate water and sanitary sewer.
A.
Manufactured homes.
(1)
For the purpose of this chapter, a manufactured home
is considered a single-family home and is a permitted use in all zones
allowing single-family homes if all transportation-related appendages,
including wheels, axles, tow hitch and running lights, are removed
and the manufactured home is secured to a permanent foundation.
(2)
If such a manufactured home is not so modified, it
is allowed only in a Mobile Home District.
B.
Mobile home parks.
(1)
Additional site plan requirements. The site plan shall
show the location and proposed improvements for recreation area.
(2)
Additional requirements.
(a)
Public water and sanitary sewer are required.
(b)
A buffer yard is required around the perimeter
of the site.
(c)
A planting screen is required between the rear
yards of adjacent mobile homes.
(d)
An enclosure shall be erected around the entire
base of the mobile home. It should be ventilated to inhibit decay
and deterioration.
(e)
Mobile homes shall be placed on a prepared site
and securely fastened to ground anchors per instructions in the owner's
manual.
(f)
No direct access shall be allowed from an individual
mobile home site in a mobile home park to a public road.
(g)
No on-street parking shall be permitted.
(h)
A recreation area of not less than 10% of the
gross area of the mobile home park shall be set aside for a usable
recreation area. Recreation facilities shall be improved and maintained
to allow for both passive and active recreation.
(i)
All utilities shall be placed underground.
(j)
A minimum of two fire hydrants capable of providing
the minimum fire-fighting flow rate shall be provided within 600 feet
of all mobile homes.
(k)
Mobile homes shall be separated from each other
and from other buildings and structures by at least 30 feet.
(l)
No mobile home or building shall be placed within
50 feet of any mobile home park property line.
(m)
Mobile home parks shall be submitted and reviewed as a subdivision or land development under Chapter 145, Subdivision and Land Development.
(n)
Mobile home park street system. Within the mobile
home park, all streets shall be owned and maintained privately. All
mobile home parks shall be provided with safe and convenient vehicular
access from abutting public streets or roads. Access to mobile home
parks shall be designed to minimize congestion and hazards at each
entrance or exit and allow free movement of traffic on adjacent streets.
Within the mobile home park, safe and convenient vehicular access
to each mobile home shall have a minimum road pavement width of 40
feet but otherwise shall be designed and built to Township standards
for local roads. Alignment and grading shall be properly adapted to
topography as approved by the Township.
(o)
Required off-street parking areas. Off-street
parking areas shall be provided in all mobile home parks for the use
of park occupants and guests. Such areas shall be furnished at the
rate of at least two car spaces for each mobile home lot. Required
car parking space shall be so located as to provide convenient access
to the mobile home but shall not exceed a distance of 100 feet from
the mobile home that it is intended to serve. Further, no-parking
fire zones should be provided at periodic intervals to allow emergency
access to structures. Such zone location and arrangement shall be
subject to review and approval of the Township.
(p)
Walks. All mobile home parks shall be provided
with safe, convenient all-season pedestrian walks of ID-2 bituminous
concrete or portland cement concrete of a depth and width approved
by the Township, between individual mobile homes, streets and all
community facilities provided for residents. Sudden changes in alignment
and grade shall be avoided. If the walks are to be constructed in
a right-of-way to be dedicated to the Township, portland concrete
shall be required. A common walk system shall be provided and maintained
between locations where pedestrian traffic is concentrated. Such common
walks shall have a minimum width of four feet. All mobile home lots
shall be connected to common walks, to paved streets or to paved driveways
or parking spaces connecting to a paved street. Such individual walks
shall have a minimum width of 2 1/2 feet.
(q)
All storm drainage, sanitary sewer and water
system improvements shall be done in accordance with Township standards,
even though they may be privately owned.
(r)
The density of individual mobile homes within
a mobile home park shall not exceed four dwelling units per acre.
(s)
No mobile home lot within a mobile home park
shall be smaller than 6,000 square feet in area.
A.
Additional requirements.
(1)
Any development in a shopping center shall provide
initially for the construction of either a minimum of 4,000 square
feet of ground floor area or a minimum of two retail, personal service
or walk-in office uses which are permitted uses.
(2)
All buildings shall be arranged in a group or in groups,
and the distance at the closest point between any two buildings or
groups of attached buildings shall be not less than two times the
height of the tallest building or 30 feet minimum.
(3)
Parking, loading and service areas shall be located
entirely within the confines of the lot and shall be physically separated
from public streets.
(4)
The major accessway to a convenience shopping center
shall be from an arterial or collector street.
(5)
All utility lines servicing this area shall be placed
underground.
(6)
Pedestrian safety islands shall be required at the
end of alternate parking bays. Each island shall be at least 300 square
feet in area. Such islands shall be landscaped and designed to provide
a safe area for pedestrians to wait prior to crossing vehicular traffic
lanes; lighting standards may be incorporated in the design.
(7)
A buffer yard shall be provided along the side and
rear yards.
(8)
If the development of the center is to be carried
out in progressive stages, each stage shall be so planned that the
requirements of this section and the intent of this chapter shall
be fully complied with at the completion of any stage.
(9)
No storage of materials, equipment or goods shall
be permitted outside a building unless they are located within a storage
area surrounded by a planting screen and located outside of any required
yard.
[Added 1-21-2004 by Ord. No. 2004-01
A.
Additional requirements.
(1)
The use shall be served by public water and
public sewer.
(2)
The use shall be on a lot located along a major
arterial street or a collector street within 2,000 feet of a major
arterial street.
(3)
Screening consisting of an eight-foot-high stockade
fence and/or landscaping materials a minimum of eight feet in height
at the time of planting shall be placed along all side and rear yards
abutting single-family residential uses; said screening, however,
need not extend any further toward a street or road abutting the front
yard of the property than the required front yard setback and/or the
one-hundred-year floodplain, whichever is greater, satisfactory to
the Township Council.
(4)
Parking shall comply with the requirements of
a hospital or nursing home.
A.
General. A drug and/or mental health treatment center
shall be located within an area readily accessible to existing emergency
services and other required public utilities and services. Its size
shall not exceed the capabilities of emergency and other public services.
B.
Additional requirements.
(1)
The size of said facility shall be no more than 20
resident patients.
(2)
Services provided on site shall be provided to resident
patients only.
(3)
Access to the site shall be from a collector or arterial
road.
(4)
Public water and sewer service are required.
(5)
A buffer yard and security fence shall be placed around
the perimeter of the proposed lot.
(6)
The lot or property line of a center shall not be
located within 300 feet of the lot or property line of any religious
structure, school, day-care facility, public library, camp or playground.
(7)
The applicant is responsible to show that the existing
emergency services and public utilities and services satisfy the requirements
for the intended use or that the applicant has made additional provisions
satisfactory to the Township for providing said services or utilities.
A.
All equipment shall be enclosed in a building or buffer
yard with a security fence.
B.
Provision shall be made for off-street areas for parking
and servicing all facilities.
C.
Lot area and yards shall comply with requirements
of the zone in which the proposed use is located, except that the
Zoning Hearing Board may allow lesser lot area requirements if additional
area is not needed for the proposed use and all other provisions of
this chapter are satisfied.
A.
Additional requirements. An adult-oriented establishment
shall meet the following requirements:
(1)
The lot or property line of such establishment shall
not be located within 1,000 feet of any residential district.
(2)
The lot or property line of such establishment shall
not be located within 1,000 feet of the lot or property line of any
church, public or private school, day-care facility, public library,
camp or playground, community center or park.
(3)
The lot or property line of such establishment shall
not be located within 1,000 feet of the lot or property line of another
adult-oriented establishment.
(4)
The lot or property line of such establishment shall
not be located within 1,000 feet of a licensed premises, licensed
pursuant to the alcoholic beverage control regulations of the Commonwealth
of Pennsylvania.
(5)
The lot or property line of such business shall not
be located within 1,000 feet of the lot or property line of an entertainment
business which is oriented primarily towards children and family entertainment.
(6)
There shall be no display of adult-related materials
depicting specified sexual activities or specified anatomical areas
that can be seen from the exterior of the building.
(7)
The Zoning Hearing Board shall review as required
in the site plan review and approve all exterior signs for compatibility
with adjacent uses.
(8)
Not more than one adult-oriented establishment or
activity shall be permitted within any one building or lot, and no
adult-oriented establishment shall be permitted on the same lot as
any other principal use. For example, an adult-oriented establishment
could not occupy one section of a warehouse or manufacturing plant.
(9)
No adult-oriented establishment or activity may change
to another type of adult-oriented establishment or activity except
upon application to and approval by the Zoning Hearing Board of such
change as a special exception.
(10)
No specified sexual activity or conduct shall
be performed or permitted.
(11)
The Zoning Hearing Board must determine that
the adult-oriented establishment:
A.
General requirements.
(1)
Proposed traffic flow on the lot and ingress-egress
shall not cause traffic hazards to vehicles or pedestrians.
(2)
Signs and outdoor lighting shall be in accordance
with specific provisions of this chapter.
(3)
Public water and public sanitary sewage is required
(restaurant and car wash).
(4)
Access points shall be limited to one on each street
abutting the lot, except where one-way operation is provided. Said
access point center line shall not be closer than 175 feet to an intersection
center line.
A.
An outdoor play area shall be provided which is surrounded
by a buffer yard and security fence.
B.
The use shall comply with any applicable county, state
and federal regulations.
C.
There shall be provided, at least, space for five
cars to safely park while loading and unloading children, in addition
to the required parking specified elsewhere in this chapter.
D.
An application for a nursery school/day-care center
shall include:
(1)
A description of outdoor facilities, such as playgrounds,
parking facilities for staff and parents and pickup and drop-off locations
for the children.
(2)
A plan for emergencies, which shall be submitted to
the Township fire company and police and emergency squad for their
review.
(3)
A narrative of how children will be delivered to and
taken from the center as regards traffic and pedestrian safety. The
Township police shall review and comment upon the narrative.
(4)
A license from the Department of Public Welfare or
a letter making an approval contingent upon receipt of a zoning permit,
and an approved plan from the Department of Labor and Industry for
any proposed building construction, improvement or alteration, if
required by the state.
[Amended 11-16-2016 by Ord. No. 2016-06]
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services, including radio, television, microwave,
or telephone. These facilities can be classified as tower-based and
nontower as well as outside or inside rights-of-way and are subject
to the regulations and requirements of this chapter, including, but
not limited to, this section. Except, however, that no commercial
communications facility shall be permitted to be mounted on a building
containing one or more dwelling units.
A.
Tower-based commercial communications facilities. A tower-based commercial
communications facility (CCF) shall be considered any structure that
is used for the purpose of supporting one or more antennae, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles, utility poles and light poles.
(1)
General requirements for all tower-based commercial communications
facilities. The following regulations shall apply to all tower-based
commercial communications facilities:
(a)
Standard of care. The CCF applicant shall present documentation
that the tower-based CCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors, and the Electrical Industrial Association/Telecommunications
Industry Association. Certification of the design from a Pennsylvania
registered professional engineer is required. Any tower-based CCF
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.
(b)
Structural requirements.
[1]
Any tower-based CCF structure shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Alliance, and Telecommunications
Industry Association (ANSI/EIA/TIA 222-G Code, as amended).
[2]
A soil report complying with the standards of Appendix
I, Geotechnical Investigations, ANSI/EIA/TIA 222-G, as amended, shall
be submitted.
[3]
The wireless support structure shall be designed
and constructed to withstand a wind velocity of 100 miles per hour,
accounting for nontower CCFs that may be colocated.
[4]
A copy of the structural analysis, signed and sealed
by a registered structural engineer, licensed in the Commonwealth
of Pennsylvania, shall be submitted to the Township.
(c)
Public safety communications. No tower-based CCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(d)
Maintenance and inspection. The following maintenance requirements
shall apply:
[1]
Any tower-based CCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[4]
Maintenance of all portions of the CCF, including
structures, foundations, fencing, screening, etc., shall be the responsibility
of the owner.
[5]
Guyed towers and other wireless support structures
shall be inspected every three years and self-supporting towers/monopoles
shall be inspected every five years. All towers shall be inspected
after severe wind (sustained tropical storm or hurricane force winds)
or ice storms or other extreme loading conditions.
[6]
Inspection reports shall be prepared by a licensed
professional engineer and submitted to the Township engineer for review.
(e)
Radio frequency emissions. No tower-based CCF may, by itself
or in conjunction with other CCFs, 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.
(f)
Historic buildings or districts. No tower-based CCF may be located
on a building, structure, or site that is listed on either the National
or Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or which has been designated by the Township as being of historic
significance.
(g)
Identification. All tower-based CCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Township. The Township shall be notified of the use or storage
of external power sources, such as batteries or fuel tanks.
(h)
Lighting and signage. No signs or lights shall be mounted on a tower-based CCF except as required by law, the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or any other governmental agency having jurisdiction over the same. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Emergency lighting for any accessory facility/building and signage as allowed in Subsection A(1)(g) above, is permitted, subject to Township review and approval.
(i)
Appearance. Towers shall be galvanized and/or painted, at the
discretion of Township Council with a rust-preventive paint, of an
appropriate color to harmonize with the surroundings.
(j)
Visual impact analysis. The applicant shall be required to undertake
a visual impact analysis on any proposed tower-based CCF. The following
information shall be submitted in order for the Township to review
and determine if the measures taken by the applicant to mitigate the
negative visual impacts by the tower-based CCF are satisfactory.
[1]
A photographic simulation of predevelopment vs.
postdevelopment views from key viewpoints (a minimum of four) surrounding
the proposed site.
[2]
An analysis of possible alternate tower structures,
design, technologies, and/or color schemes.
[3]
Details, drawings, and/or photographs of proposed
mitigation measures.
[4]
Elevations and base drawings of the equipment compound,
detailing landscaping and other buffering methods required herein.
(k)
Additional antennae. As a condition of approval for all tower-based
CCFs, the CCF applicant shall provide the Township with a written
commitment that it will allow other service providers to colocate
antennae on tower-based CCFs where technically and economically feasible.
The owner of a tower-based CCF shall not install any additional antennae
without obtaining the prior written approval of the Township.
(l)
Noise. Tower-based CCFs 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.
(m)
Aviation safety. Tower-based CCFs shall comply with all federal
and state laws concerning aviation safety and applicable airport zoning
regulations.
[1]
Documentation from the Federal Aviation Administration
(FAA) shall be submitted by the applicant for any tower-based CCF
exceeding 200 feet in height stating that the subject CCF is approved
by the FAA.
[2]
Any applicant for a proposed tower-based CCF located
within a radius of five aerial miles of an airport shall notify said
airport, in writing, of its intent to construct a CCF prior to construction.
(n)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the tower-based CCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the tower-based CCF shall reimburse the Township for all
costs of the Township's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(o)
FCC license. The applicant shall submit to the Township a copy
of its current Federal Communications Commission (FCC) license, the
name, address, emergency number, and operator of the FCC.
(p)
Insurance. Each person that owns or operates a tower-based CCF
shall provide the Township with proof of insurance. 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 of $1,000,000 occurrence covering the communication facility
is required. The Township, its employees, Engineer, Solicitor, Planner,
and other relevant professionals shall be named additional insured
and the certificate shall provide, as a minimum, that the additional
insured shall be notified not less than 60 days in advance of the
insurance not being renewed or being cancelled for any reason.
(q)
Timing of decision. Within 30 calendar days of the date that
an application for a tower-based CCF is filed with the Township, the
Township shall notify the applicant, in writing, of any information
that may be required to complete such application. Where a conditional
use approval is required, the governing body shall render a decision
within 45 days after the last hearing before the governing body. All
other applications, including land development, for tower-based CCF's
shall be acted upon within 90 days of the receipt of a fully completed
application for the approval of such tower-based CCF and the Township
shall advise the applicant, in writing, of its decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the ninety-day review period.
(r)
Nonconforming uses. Nonconforming tower-based CCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location, but must otherwise comply with
the terms and conditions of this section.
(s)
Indemnification. Each person that owns or operates a tower-based
CCF shall, at its sole cost and expense, indemnify, defend, and hold
harmless the Township, its elected and appointed officials, employees,
Engineer, Solicitor, Planner, agents, and other relevant professional
consultants, 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, operations,
maintenance, or removal of a tower-based CCF. The obligation to indemnify,
hold harmless, and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs, and all other
costs of indemnification.
(t)
Removal/financial security. In the event that use of a tower-based
CCF 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. If it remains unused for a period
of 12 consecutive months, the Township will provide notice to the
owner/operator to remove the tower. Unused or abandoned tower-based
CCFs or portions of tower-based CCFs shall be removed as follows:
[1]
All unused or abandoned tower-based CCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site or from the time the municipality provides
notice, unless a time extension is approved by the Township.
[2]
If the tower-based CCF and/or accessory facility
is not removed within six months of the cessation of operations at
a site, from the time the municipality provides notice, or within
any longer period approved by the Township, the tower-based CCF and
accessory facilities and equipment may be removed by the Township
and the cost of removal assessed against the owner of the tower-based
CCF.
[3]
Prior to the issuance of a zoning permit, the owner/operator of the tower-based CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover the CCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the tower-based CCF does not remove the facility as outlined in Subsection A(1)(t)[1] and [2] above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.
[4]
The Township must approve all replacements of portions
of a tower-based CCF previously removed.
(2)
Tower-based CCFs outside the rights-of-way. The following regulations
shall apply to tower-based commercial communications facilities located
outside the rights-of-way:
(a)
Development regulations.
[1]
Allowable districts. Commercial communications
facilities are permitted/prohibited as follows:
[a]
No tower-based CCF shall be located closer than
1 1/2 times the height of the tower to an existing residential
dwelling or residential zoning district boundary in which tower-based
CCFs are not permitted.
[b]
Tower-based CCFs are not permitted in the R80,
R40, R20, R12, MH, UR, or VC residential zoning districts. They are
also not permitted in the O&L District.
[2]
Gap in coverage. An applicant for a tower-based
CCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of tower-based CCF being proposed is the least intrusive
means by which to fill that gap in wireless coverage. The existence
or nonexistence of a gap in wireless coverage shall be a factor in
the Township's decision on an application for approval of tower-based
CCFs.
[3]
Height. Any tower-based CCF outside of the rights-of-way
shall be designed at the minimum functional height and shall not exceed
a maximum total height of 150 feet. However, such height may be increased
to no more than 200 feet, provided the setbacks from adjoining property
lines (not lease lines) are increased by one foot for each one foot
of height in excess of 150 feet and the applicant must submit documentation
to the Township justifying the total height of the structure. Height
shall include all subsequent additions or alterations.
[4]
Sole use on a lot. A tower-based CCF is permitted
as a sole use on a lot subject to the minimum lot area and setbacks
as follows:
[a]
The tower-based CCF shall be set back a distance
equal to 1 1/2 times the height of the tower from the nearest
property line, ultimate right-of-way line, easement line for aboveground
utilities, or lease line; or
[b]
The minimum yard requirements for the applicable
zoning district, whichever is greater.
[5]
Combined with another use. A tower-based CCF may
be permitted on a property with an existing use or on a vacant parcel
in combination with another industrial, commercial, institutional
or municipal use, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
[b]
The tower-based CCF may occupy a leased parcel
within a lot meeting the minimum lot size for the zoning district.
The leased parcel shall be, at a minimum, the area needed to accommodate
the tower-based CCF and guy wires, the equipment building, security
fence, and buffer planting.
[c]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district.
[d]
Minimum setbacks. The tower-based CCF and accompanying
equipment building shall not be located in the minimum front, rear,
or side yard setbacks for the applicable zoning district. Further,
the tower-based CCF shall be set back a distance of 1 1/2 times
the height of the tower, from any property line, ultimate street right-of-way
or any occupied building.
[e]
Vehicular access to the tower-based CCF shall not
interfere with parking or circulation on the site.
[6]
Applicant shall demonstrate, utilizing the most
current technological evidence available, that the commercial communications
facility (CCF) must be constructed where it is proposed in order to
satisfy its function pursuant to the communications industry's technological
requirements.
(b)
Collocation. An application for a new tower-based CCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed tower-based CCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based CCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(c)
Design regulations.
[1]
The tower-based CCF shall employ the most current
standards available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact.
[2]
Any substantial change to the height of an existing
tower-based CCF or wireless support structure shall require approval
of the Township. The Township reserves the right to deny such requests
based upon land use impact or any other lawful considerations related
to the character of the Township.
[3]
Any proposed tower-based CCF shall be designed
structurally, electrically, and in all respects to accommodate both
the CCF applicant's antennae and comparable antennae or nontower CCFs
for future users. At a minimum, the structure and wind load should
be able to accommodate a 10% increase in height or one additional
array, not to exceed a total height of more than 200 feet.
(d)
Surrounding environs. The tower-based CCF applicant shall ensure
that the existing vegetation, trees and shrubs located within proximity
to the tower-based CCF structure shall be preserved to the maximum
extent possible.
(e)
Fence/screen.
[1]
A security fence having a maximum height of eight
feet shall completely surround any tower-based CCF, guy wires, parking,
or any building/structure housing CCF equipment.
[2]
An evergreen screen in accordance with § 180-97B, shall be required to surround the fenced area of the proposed tower-based CCF. The vegetation utilized should be deer resistant.
[3]
The tower-based CCF applicant shall submit a landscape
plan for review and approval by the Township for all proposed screening.
[4]
Alternate forms of screening other than the landscaping outlined in Subsection A(2)(e)[2], such as a combination of existing vegetation, topography, walls, decorative fencing, or other landscape features, may be permitted if it can provide an equal or greater amount of screening than the required planting screen and is reviewed and approved by the Township Council during the conditional use process.
(f)
Accessory equipment.
[1]
Ground-mounted equipment associated to, or connected with, a tower-based CCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be enclosed within the required fence and screened from public, as described above in Subsection A(2)(e).
[2]
All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall be located in an equipment compound
meeting the minimum setback and height requirements of the underlying
zoning district.
(g)
Access road/lease area. Adequate emergency and service access
to tower-based CCF must be provided.
[1]
Access shall be provided to the facility by means
of a public street or easement to/from a public street unless waived
in writing by the Township Council. The easement shall be a minimum
of 20 feet in width and shall be improved to a width of at least 10
feet with a paved surface for its entire length. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion.
[2]
A minimum of two off-street parking spaces shall
be provided for a tower-based CCF.
[3]
A turnaround area must be provided within the fenced
area to allow adequate access by all service and emergency vehicles.
(h)
National Environmental Policy Act (NEPA).
[1]
The applicant shall demonstrate that all NEPA requirements,
where applicable, for any proposed commercial communications facilities
have been met. A copy of the NEPA-required environmental assessment
(EA) report shall be submitted.
[2]
The applicant shall notify the municipality at
least 30 days prior to any hearing or consideration of the environmental
assessment report by the FCC. The applicant shall provide to the municipality
documentation demonstrating how any negative impact on any historical,
cultural and environmental features will be mitigated.
(i)
Site plan required. In order to determine the requirements of the conditional use and this section are met, the applicant shall submit a site plan in accordance with § 180-102 showing, at a minimum, the following items:
[1]
Locations of all existing and proposed uses on
the subject site, including the proposed tower-based CCF.
[2]
Elevations and drawings of any existing uses and
proposed tower-based CCFs, showing proposed width, depth, height,
architectural style and structural data for any towers, antennae,
etc. proposed.
[3]
Site boundary, lease area boundary, zoning data,
setbacks/yards, and adjacent uses.
[4]
Vehicular access, fencing, landscaping, utility
and/or access easements.
[5]
Location and contents of the equipment compound,
including, but not limited to, fuel and battery storage, hazardous
materials, cabinets, guy wires, etc. Information regarding hazardous
materials shall be listed in a note on the plans.
(j)
Inspection. The Township reserves the right to inspect any tower-based
CCF to ensure compliance with the provisions of this section and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a tower-based CCF is located at any time,
upon reasonable notice to the operator, to ensure such compliance.
(3)
Tower-based CCFs in the rights-of-way. The following regulations
shall apply to tower-based commercial communications facilities located
in the rights-of-way:
(a)
Development regulations.
[1]
No tower-based CCF shall be located within the
rights-of-way or future rights-of-way of any local road as designated
by the Township.
[2]
No tower-based CCF within a right-of-way shall
be located within 500 feet of a lot in residential use.
[3]
The applicant shall provide proof of authorization
from the owner of the right(s)-of-way for the location(s) of the proposed
tower(s).
[4]
The application shall be accompanied by plans and
other materials, as required by this chapter, describing the use and
locations proposed. Such plans and other materials shall provide sufficient
basis for evaluating the applicant's requests.
(b)
Gap in coverage. An applicant for a tower-based CCF in a right-of-way
must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of tower-based CCF being proposed in a right-of-way
is the least intrusive means by which to fill that gap in wireless
coverage. The existence or nonexistence of a gap in wireless coverage
shall be a factor in the Township's decision on an application for
approval of tower-based CCFs in the right-of-way.
(c)
Height. Any tower-based CCF in rights-of-way shall be designed
at the minimum functional height and shall not exceed at total height
of 50 feet, which shall include all attached nontower CCFs, all subsequent
collocations, additions or alterations. All tower-based CCF applicants
must submit documentation to the Township justifying the total height
of the structure to be located in the right-of-way.
(d)
Collocation. An application for a new tower-based CCF in the
right-of-way shall not be approved unless the Township finds that
the proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a tower-based CCF in the right-of-way
shall include a comprehensive inventory of all existing towers and
other suitable structures within a one-mile radius from the point
of the proposed wireless support structure, unless the applicant can
show to the satisfaction of the Township that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(e)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based CCFs in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Township and the
requirements of the Public Utility Code.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(f)
Equipment location. Tower-based CCFs in the right-of-way and
accessory equipment 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 right-of-way as determined by the
Township. In addition:
[1]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb;
[2]
Ground-mounted equipment that cannot be undergrounded
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based CCFs
in the right-of-way shall be reviewed and approved by the Township.
(g)
Design regulations.
[1]
The tower-based CCF in the right-of-way shall employ
the most current standards available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
[2]
Any substantial change to the height of an existing
tower-based CCF in the right-of-way shall require prior approval of
the Township, and shall not increase the overall height of the tower-based
CCF to more than 50 feet.
[3]
Any proposed tower-based CCF in the right-of-way
shall be designed structurally, electrically, and in all respects
to accommodate both the CCF applicant's antennae and comparable antennae
for future users.
(h)
Relocation or removal of facilities. Within 60 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 tower-based CCF in the right-of-way
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any tower-based CCF in the right-of-way
when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
[1]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental
entity in the right-of-way;
[3]
Vacation of a street or road or the release of
a utility easement; or
[4]
An emergency as determined by the Township.
(i)
Compensation for right-of-way use. In addition to permit fees,
every tower-based CCF in the right-of-way is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the right-of-way. Such compensation for right-of-way
use shall be directly related to the Township's actual right-of-way
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other right-of-way management activities by the Township.
The owner of each tower-based CCF in a right-of-way 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.
The annual right-of-way management fee for tower-based CCF's in a
right-of-way shall be determined by the Township and authorized by
resolution of Township Council.
B.
Nontower commercial communications facilities. Nontower commercial
communications facilities shall be considered any equipment that facilitates
the transmission for any Commission-licensed or -authorized wireless
communications service, including, but not limited to, antennae, base
stations, transmitters, receivers, cabling, power supplies, and accessory
equipment associated with and necessary for their operation but does
not include support structures such as monopoles, poles, towers, etc.
(1)
General requirements for all nontower commercial communications
facilities (CCF) and base stations.
(a)
Standard of care. Any nontower CCF that is considered a collocation,
modification, or replacement shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any nontower CCF 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.
The Township shall be notified of the use or storage of external power
sources, such as batteries or fuel tanks.
(b)
Wind and load.
[1]
Any nontower CCF that is considered a collocation,
modification, or replacement shall be designed to withstand the effects
of wind according to the standard designed by the American National
Standards Institute as prepared by the Engineering Departments of
the Electronics Industry Alliance, and Telecommunications Industry
Association (ANSI/EIA/TIA 222-G Code, as amended).
[2]
The wireless support structure to which the nontower
CCF is attached shall be able to withstand the additional structural
load of the collocation, modification, or replacement.
[3]
A copy of the structural analysis, signed and sealed
by a registered engineer in the Commonwealth of Pennsylvania, shall
be submitted to the Township and reviewed as a portion of the permitting
process for collocations, modifications, or replacements.
(c)
Public safety communications. No nontower CCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(d)
Aviation safety. Nontower CCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(e)
Radio frequency emissions. No nontower CCF may, by itself or
in conjunction with other CCF's, 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.
(f)
Historic buildings. Nontower CCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places or the official historic structures and/or
historic district lists maintained by the Township or which has been
designated by the Township as being of historic significance.
(g)
Maintenance. The following maintenance requirements shall apply:
[1]
The Nontower CCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(h)
Removal. In the event that use of a nontower CCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
If it remains unused for a period of 12 consecutive months, the Township
will provide notice to the owner/operator to remove the tower. Unused
or abandoned nontower CCFs or portions of nontower CCFs shall be removed
as follows:
[1]
All abandoned or unused nontower CCFs and accessory
facilities shall be removed within three months of the cessation of
operations at the site, or from the time the municipality provides
notice, unless a time extension is approved by the Township.
[2]
If the nontower CCF or accessory facility is not
removed within three months of the cessation of operations at a site,
or within any longer period approved by the Township, the nontower
CCF and/or associated facilities and equipment may be removed by the
Township and the cost of removal assessed against the owner of the
nontower CCF.
[3]
Prior to the issuance of a zoning permit, the owner/operator of the nontower CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover the nontower CCF removal and site cleanup. The security shall be utilized by the Township in the event the owner or operator of the nontower CCF does not remove the facility as outlined in Subsection B(1)(h)[1] and [2] above or to recover any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure.
(i)
Indemnification. Each person that owns or operates a nontower
CCF shall, at its sole cost and expense, indemnify, defend, and hold
harmless the Township, its elected and appointed officials, employees,
engineer, solicitor, planner, agents, and other relevant professional
consultants, 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, operations,
maintenance, or removal of a nontower CCF. The obligation to indemnify,
hold harmless, and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs, and all other
costs of indemnification.
(2)
Nontower CCF development regulations: no substantial change.
If the application or eligible facilities request for a nontower
commercial communication facility or base station is a collocation,
modification, or a replacement that does not substantially change
the existing wireless support structure, then the requirements contained
herein will be applicable. This does not include first time collocations
on wireless support structures other than a tower.
(a)
Permitted in all zoning districts. Nontower CCFs are permitted
in all zoning districts.
[1]
Zoning permit required. Collocations or modifications
of nontower CCFs or transmission equipment on existing wireless support
structures or base stations are subject to the initial zoning or land
use approvals for the previously approved wireless support structure
or nontower CCF, and subject only to the zoning permit review and
approval process of the Township.
[2]
No zoning permit required. Replacement of nontower
CCFs or transmission equipment on existing, Township-approved wireless
support structures or base stations, without an increase in wind or
structural load, may be performed by the applicant without obtaining
a zoning permit.
(b)
Timing of approval. Within 30 calendar days of the date that
an application for a collocation, modification, or replacement of
a nontower CCF is filed with the Township, the Township shall notify
the applicant in writing of any information that may be required to
complete such application. If additional information is requested
by the Township to complete an application, the time period for review
may be tolled by mutual agreement. Within 60 calendar days of receipt
of the application, accounting for tolling, the Township must make
a final decision on the application and shall advise the applicant,
in writing, of such decision.
[1]
A determination of incompleteness must specifically
delineate all missing information, and specifying the Code provision,
ordinance, application instructions or otherwise publicly stated procedures
that require the information to be submitted.
[2]
Following an applicant's resubmission in response
to a determination of incompleteness, the Township may reach a subsequent
determination of incompleteness based solely on the applicant's failure
to supply the specific information that was requested within the first
30 days.
[3]
The sixty-day review period begins running again
when the applicant makes its supplemental resubmission; however, the
review period may be tolled, once again, if the Township notifies
the applicant within 10 days that the supplemental submission did
not provide the specific information identified in the original notice
delineating missing information.
(3)
Nontower CCF development regulations: substantial change. If
the application for a nontower commercial communication facility or
base station is a collocation, modification, or a replacement that
substantially changes the existing wireless support structure, or
is the initial placement of a nontower CCF on a wireless support structure
other than a tower, then the requirements contained herein will be
applicable.
(a)
Permitted in all zoning districts. Nontower CCFs are permitted
in all zoning districts subject to the initial zoning or land use
approvals for the previously approved wireless support structure or
nontower CCF. These CCFs are subject to the zoning permit review and
approval process of the Township. Conditional use approval may be
required as noted.
(b)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the nontower CCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the nontower CCF shall reimburse the Township for all costs of
the Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(c)
Timing of approval. Within 30 calendar days of the date that
an application for a nontower CCF is filed with the Township, the
Township shall notify the applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Township shall make
its final decision on whether to approve the application and shall
advise the applicant, in writing, of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
(4)
Nontower CCFs outside the rights-of-way. If the application
for a nontower commercial communication facility or base station is
a collocation, modification, or a replacement that substantially changes
the existing wireless support structure or is the initial placement
of a nontower CCF on a wireless support structure other than a tower
and is located outside the right-of-way, then the requirements contained
herein will be applicable.
(a)
Development regulations. Nontower CCFs shall be colocated on
existing wireless support structures/base stations, subject to the
following conditions:
[1]
Such nontower CCF does not exceed the maximum permitted
height of the existing wireless support structure.
[2]
If the nontower CCF applicant proposes to locate
the communications equipment in a separate building, the building
shall comply with the minimum requirements for the applicable zoning
district.
[3]
An eight-foot-high security fence 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.
(b)
Design regulations.
[1]
Nontower CCFs shall be treated to match the supporting
structure in order to minimize aesthetic impact.
[2]
Nontower CCFs, which are mounted to a building
or similar structure, may not exceed a height of 15 feet above the
roof or parapet, whichever is higher, unless the nontower CCF applicant
obtains a conditional use permit.
[3]
All nontower based CCF applicants must submit documentation
to the Township justifying the total height of the nontower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[4]
Antennae, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
(c)
Inspection. The Township reserves the right to inspect any nontower
CCF to ensure compliance with the provisions of this section and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a nontower CCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
(5)
Nontower CCFs in the rights-of-way. If the application for a
nontower commercial communication facility or base station is a collocation,
modification, or a replacement that substantially changes the existing
wireless support structure, or is the initial placement of a nontower
CCF on a wireless support structure other than a tower and is located
in the right-of-way, then the requirements contained herein will be
applicable.
(a)
Collocation. Nontower CCFs in the right-of-way shall be located
on existing poles/base stations, such as existing utility poles or
light poles or other wireless support structures.
(b)
Design requirements.
[1]
Nontower CCF installations located above the surface
grade in the public right-of-way, 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.
[2]
Antennae and all support equipment shall be treated
to match the supporting structure. Nontower CCFs and accompanying
equipment shall be painted, or otherwise coated, to be visually compatible
with the support structure upon which they are mounted.
(c)
Equipment location. Nontower CCFs and accessory equipment 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 right-of-way as determined by the Township. In addition:
[1]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb;
[2]
Ground-mounted equipment shall be located underground.
In the event an applicant can demonstrate, to the satisfaction of
the Township Engineer that ground-mounted equipment cannot be placed
underground, then all such equipment shall be screened, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Township.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the nontower CCF or on any accessory
equipment shall be removed at the sole expense of the owner within
10 business days of notice of the existence of the graffiti.
[5]
Any underground vaults related to nontower CCFs
shall be reviewed and approved by the Township.
(d)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all nontower CCFs in the right-of-way based on public safety, traffic
management, physical burden on the right-of-way, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.[4]
[4]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(e)
Relocation or removal of facilities. Within 60 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 nontower CCF in the right-of-way shall,
at their own expense, temporarily or permanently remove, relocate,
change or alter the position of any nontower CCF 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:
[1]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental
entity in the right-of-way;
[3]
Vacation of a street or road or the release of
a utility easement; or
[4]
An emergency as determined by the Township.
(f)
Compensation for right-of-way use. In addition to permit fees,
every nontower CCF in the right-of-way is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for the use and occupancy of the right-of-way. Such compensation for
right-of-way use shall be directly related to the Township's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Township. The owner of each nontower CCF shall pay an annual
fee to the Township to compensate the Township for its costs incurred
in connection with the activities described above. The annual right-of-way
management fee for nontower CCFs shall be determined by the Township
and authorized by resolution of Township Council and shall be based
on the Township's actual right-of-way management costs as applied
to such nontower CCF.
[Amended 7-17-2019 by Ord. No. 2019-04]
A.
Policy; purpose. In order to conserve forested open space and the environmental and economic benefits they provide, it is the policy of the Township of Lower Saucon to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values. The timber harvesting regulations contained in Subsections A through H are intended to further this policy by promoting good forest stewardship; protecting the rights of adjoining property owners; minimizing the potential for adverse environmental impacts; and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
B.
Scope; applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the Township. Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. Subsections A through H apply to all timber harvesting within the Township where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
C.
FELLING
FORESTRY
LANDING
LITTER
LOP
OPERATOR
LANDOWNER
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING, or LOGGING
TOP
WETLAND
Definitions. As used in Subsections A through H, the following terms shall have the meanings given to them in this section.
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
Discarded items not naturally occurring on the site such
as tires, oil cans, equipment pmts, and other rubbish.
To cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractor,
and employees thereof.
An individual, partnership, company firm, association, or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or on any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper pmtion of a felled tree that is unmerchantable
because of small size, taper, or defect.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances, do support a prevalence of vegetation typically
adapted for life in saturated soil conditions including swamps, marshes,
bogs and similar areas.
D.
Notification; preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber harvesting
operations that are expected to exceed two acres, the landowner shall
notify the township enforcement officer at least five business days
before the operation commences and within three business days before
the operation is complete. No timber harvesting shall occur until
the notice has been provided. Notification shall be in writing and
shall specify the land on which harvesting will occur, the expected
size of the harvest area, and, as applicable, the anticipated starting
or completion date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting
is to occur shall prepare a written logging plan in the form specified
by this section. No timber harvesting shall occur until the plan has
been prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the township
enforcement officer upon request.
(3)
Responsibility for compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
E.
Contents of the logging plan.
(1)
Minimum requirements. At a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
(b)
Design, construction, and maintenance of water control measures
and structures such as culvetts, broad-based dips, filter strips,
and water bars;
(c)
Design, construction, and maintenance of stream and wetland
crossings; and
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a sketch map or drawing
containing the following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property;
(b)
Significant topographic features related to potential environmental
problems;
(c)
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures;
(d)
Location of all crossings of waters of the Commonwealth; and
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and
comply with the requirements of all applicable state laws and regulations
including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25
Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.);
(b)
Stream crossing and wetlands protection regulations contained
in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the
Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.);
and
(4)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection (1) and (2) of this section, provided that all information required by these subsections is included or attached.
F.
Forest practices. The following requirements shall apply to all timber
harvesting operations in the Township.
(1)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(3)
All tops and slash between 25 and 50 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the surface of the ground.
(4)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(5)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
G.
Responsibility for road maintenance and repair; road bonding. Pursuant
to Title 75 Pennsylvania Consolidated Statutes, Chapter 49; and Title
67 Pennsylvania Code, Chapter 189, the landowner and the operator
shall be responsible for repairing any damage to Township roads caused
by traffic associated with the timber harvesting operation to the
extent the damage is in excess of that caused by normal traffic may
be required to furnish a bond to guarantee the repair of such damages.
H.
Enforcement
(2)
Inspections. The Township enforcement officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with Subsections A through H and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
(3)
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of Subsections A through H, the Township enforcement officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township enforcement officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township enforcement officer, the operation is brought into compliance with Subsections A through H or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an enforcement officer within 30 days of issuance to the governing body of the Township.
(4)
Penalties. Any landowner or operator who violates any provision of Subsections A through H; refuses to allow the Township enforcement officer access to a harvest site pursuant to Subsection H(2) of this section or who fails to comply with a notice of violation or suspension order issued under Subsection H(3) of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $300, plus costs, for each separate offense. Each day of continued violation of any provision of Subsections A through H shall constitute a separate offense.
[Added 4-6-2011 by Ord. No. 2011-02]
A.
Single-family detached uses.
|
Zoning
District
|
Minimum Required Lot Area
(square feet)
|
Maximum Site Impervious Coverage
(includes on-lot impervious coverage)
|
Maximum On-Lot Impervious Coverage
(maximum allowed)
|
Maximum On-Lot Impervious Coverage
(initial permit application)
|
Maximum Building Coverage
(percentage)
|
|---|---|---|---|---|---|
|
RA/R80
|
Varies
|
20%
|
*
|
*
|
*
|
|
R40
|
40,000
|
20%
|
15%
|
12%
|
8%
|
|
R20
|
20,000
|
25%
|
20%
|
16%
|
12%
|
|
R12
|
12,000
|
30%
|
25%
|
22%
|
14%
|
|
MH
|
12,000
|
30%
|
25%
|
22%
|
12%
|
|
UR
|
8,000
|
35%
|
30%
|
27%
|
18%
|
|
VC
|
8,000
|
40%
|
30%
|
27%
|
20%
|
|
* Individual coverage values are a function of the design/layout
of the site; the overall maximum site impervious coverage shall not
exceed the amount specified in the above chart.
|
B.
Single-family detached cluster uses.
|
Zoning District
|
Minimum Required Lot Area
(square feet)
|
Maximum Site Impervious Coverage
(includes on-lot impervious coverage)
|
Maximum On-Lot Impervious Coverage
(maximum allowed)
|
Maximum On-Lot Impervious Coverage
(initial permit application)
|
Maximum Building Coverage
(percentage)
|
|---|---|---|---|---|---|
|
RA
|
40,000
|
15%
|
20%
|
17%
|
10%
|
|
R80
|
40,000
|
15%
|
20%
|
17%
|
10%
|
|
R40
|
20,000
|
15%
|
20%
|
17%
|
12%
|
|
R20
|
10,000
|
20%
|
25%
|
22%
|
18%
|
|
R12
|
8,000
|
30%
|
30%
|
27%
|
20%
|
|
UR
|
6,000
|
30%
|
35%
|
32%
|
25%
|
|
VC
|
6,000
|
30%
|
35%
|
32%
|
25%
|
C.
Exceptions for existing lots with principal structure
(1)
The maximum on-lot impervious surface coverage restrictions contained in the charts provided in this § 180-127.3 shall not apply to any lot which:
(3)
Any lot that is created by subdivision after March 31, 2011, or any lot in existence pursuant to Subsection C(1)(b) above that does not have a principal structure located thereon as of March 31, 2011, shall be subject to the maximum on-lot impervious surface coverage restrictions contained in the charts provided in this § 180-127.3.
[1]
Editor's Note: Former § 180-127.3,
Reduced lot size: single-family detached developments, was repealed
8-17-2005 by Ord. No. 2005-06.
